NC0086517_Enforcement_20121231

Beverly Eaves Perdue
Governor
�,� -<®
r h Carolina p r me n it n l n and Natural Resources
Division of Water Quality
Charles Wakild, R E Dee Freeman
Director Secretary
EEn.,..}}hh
OP ,
ERTE°"hE AIL: 7007 1490 0004 5533 7117
1 ET! RN RE E1 'T REt 11T STEL
Mr. David Edwards
Group Engineering; Manager
Gateway Village, LLC
800 W Trade St.
Suite 100
Charlotte, NC 2820
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-21.1(a)() and
NPDES Permit No. NCO086517
Gateway Village Rernediation Site
Me klenb rg; County
TX 2012- 00
Dear Mr, Edwards.
This letter transmits a CivilPenalty assessment against Gateway Villa Ica ediation Site in the amount of
$ t-30 OV.L. civil penalty S enforcement costs).
Tlais assessment is based upon the following facts. A review of thefacility's toxicityself-monitoring data from
September. 2012 has been conducted. The review has shown Gateway Village Remediation Site to be in violation of the
,O ° chronic toxicity effluent discharge limitation found in ll'I ES Permit No. NCO086517, The facility's toxicity
self -monitoring reports for April through ,tune 2012 revealed the following effluent toxicity permit limit violations,
July 24, 201 Fail (7 day P/F) non -compliant
August 21, 2012 .0 % 2 day, chronic value non -compliant
September 25, 2012 <4 .0 % 2 day chronic value) non -compliant
Environmental %h e t h
1621 Mall Service Center, R&16gh, North Carolina 27 9-1621
L ti n: 4401 Ready Creek Road, Ra€ei ha North Carolina 27607
Phone, 919-743-8400 t FAK 918-745-85171 Customer Service. 1- 77 3-6748
Internet: hh :t o.enr state,na. ustes5/
Art t quai Oppprt niiy 4 AfirmMaxe Adon Employer'
One
NofthCamfina

Based upon the above fact(s), I conclude as a matter of law that Gateway Village Remediation Site. violated the terms,
conditions or requirements of NPDES Pernut No, NCO086517 and N.C.G. S 143-215, 1 (a)(6) in the mariner and extent
shown above.
A civil penalty in accordance with the maximurn established by N,C.G.S. 143-215.6A(a)(2), may be assessed against a
person who violates the terms, conditions or requirements ofa pen -nit required by N.C.G.S, 143-2151(a).
used upon the above findings of fact and conclusions ot'law, and in accordance with authority provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Cindy
Moore, Supervisor, Aquatic Toxicology tJnit, hereby make the following civil penalty assessment against Gateway
Village Retnediation Site
$fl For of' rr violation(s) of G.S. 143-215. 1 (a)(6) and NPDES
Permit No. NCO086517, by discharging waste into the waters of the State in
violation of the facility's pen -nit effluent limit for chronic toxicity for July 24,
2012.
For of _� violation(s) of G,S , 143-215, 1 (a)(6) and NPDES
Permit No. NCO086517, by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for chronic toxicity for
August 21, 2011
For of violation(s) of G.S. 143-215.1 (a)(6) and NPDES
Permit No, NCO086517, by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for chronic toxicity for
September 25, 2011
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-21,5.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S, 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
Environmental Wences Section
1621 Mail Serww Center, Raleigh, North Carolina 27699-1621 One
Lmtiow 4401 Reedy Creek Road, Ra"h, North Carofina 27607 NofthCarohna
Phone[phone] k FAX: [phone] t Customer SeNice 1-8:77-623-6748
Intemet hft9Yh2o.enrstate.nc us/esiol Alaturally
An Eqoal Opp ottLuffy% AffinTathe J�Cjioft Employer

() The effect on ground or surface water quantity, or quality or on air quality;
(4) The cost of rectifying the damage;
() The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally
() The prior record of the violator in complying or failing to comply with programs over which The Environmental
Management Commission on has regulatory authority; and
() The coast to the State of the enforcement procedures;
Within thirty days receipt of this notice, you must do one of the following:
I Submit payment of thepenalty:
Payment should be made directly to the Department of Environment and Natural Resources do not include
w rverform). Payment of the penalty will not foreclose} enforcement action for any continuing or new
violation(s).
Please submit payment to the attention ofE
Point Source Branch
Division of Water Quality
1617 Mal Service Center
Raleigh, forth Carolina 76 -161
O
Submit a written quest for remission or mitigation including a detailed justification for such request;
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed,
Requesting remission, is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements nts contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to the
Division of Water Quality ity at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered
(1) one or more of the civil penalty assessment factors in G& 1 41-282.1(b) were wrongfully
applied to the detriment of the petitioner,
() the violator promptly abated continuing environmental damage resulting from the violation
( the violation was inadvertent or a result of an accident
Environmental sciences action
1621 Mali service Canter, Rale h, North Carotin 27699-1621 One
Lo tlron. 61 Reedy Creek Road, Raldl h, North Carolina 27667 rthCuolin
Phow 919-743-8400 a FAX, 919-743-8 17 k Customer Service: 1-877 23-67
Internet. hit ://h2o enr,state.nc,ustesbl Na&W&
An EquV Oppnunq 1,Afrmative Act a Emooyer

(4) the violator had been assessed civil penalties for any previous violations,
() payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of eater Quality will review your evidence and inform you of his decision in
the chatter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental ManagementCommission's Committee
on Civil Penalty Remissions issions (Committee). Please be advised that, the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in deport of your request for remission.
In order to request remission, you roust complete and submit the enclosed `Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice, The Division of Water Quality also requests that you complete and submit the enclosed "Justification for
Remission Request®" Both forms should be submitted to the following address;
Environmental Sciences Section
Division of Water Quality
1621 Mail Service Venter
Raleigh, NC 2769 -1 21
O
3. File a petition for an administrative hearing with the Office of Administrative Hearings -
If you wish to contest any statement in the attached assessment document you roust file a petition for an administrative
hearing, You may obtain the petition form from the Office of Administrative bearings. You must file the petition with
� the Office of Administrative Hearings within thirty (3 ) days of receipt of this notice. A petition is considered filed when
it is received in the Office of Administrative Hearings during normal office hours„ The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a,m, and :00 pm., except for official state holidays;
The original and one. (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be f ed - provided the original and one, copy of the document is received in the Office of Administrative Hearings within;
five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Environmental Sciences Section
1621 grail Servloe Center, Raleigh, North Cam4na 7699.16'1 One
t creation 4461 Reedy Creek Road, Ratei h, North Carolina 27607 i
Phone; 919.743-64 \ FAX[phone] \ ostorner Service 1 877-6 6746 1 ici internet: http:/th2a err sta&enc a "astr,
Ar; C gv,all Opportan�?y 1 Affirmative AVion Er, r pb y

Office of Administrative Hearings
671 flail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: `919 733-3 7
A copy of the petition must also be served on DENR as follows:
r. William fury, General Counsel
Department ent of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number- (as found can page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days ofreceigt of this letter, as evidenced by an internal
date/time, received stamp (riot a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enfrrrcernent action, including air additional
penalty. 1f you have any questions about; this civil penalty assessment, please contact Mr. John Giorgino at 919-743-8441
or me at 919-73-1
Date Cindy Moore
Supervisor, Aquatic Toxicology Mini
ATTACHMENTS
cc: Rob Krebs- Mooresville Regional Office w/attachments
Wes Bell- Mooresville Regional Office w/a tachrnent
Point Source Branch bile w/attachmernts
John Giorg,ino -Aquatic To icolo , grit w/attach ents
Central files /attachments
nvironmernal sciences Section
1621 Mail Service Center, Uoigh, North Carolina 7999-1691
Locatbw 4401 Reedy Creek Road We�h, North CaroWns 27 SC7 Oner
Phcsrs�s. 919- 43 0� 4 FAX: 919-743-MV k Custom, er eki e 1- 77- 2 tl olin
Internet: hrrp:4+th o.enr. t re n ,us ester ;V9&&4
An Epua! Opportunity 4 Asfitrrra6vek(son t¢r&yac

ATE OF NORT14 CAROLINA
COUNTY OF MECKLENBURG
IN T14E MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
GATEWAY VILLAGE REMEDIATION SITE
NPDES PERMIT NO. NCO086517
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE;O. TX-2012-0008
Havingbeen assessed civil penalties totaling for violation(s) as set
forth in the assessment document of the Director of the Division of 'Water Quality dated
, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality 'within 30 days of receipt
of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days
from the receipt of the notice of assessment.
This the day of 2012
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
D Q Case Number: T -2012- 00County: Mecklenburg
Assessed Party: Gateway "pillage Remedlntion Site
Permit No. it applicable): NCO086517 AmountAssessed:
Please use this form when requesting remission of this civil penalty. You must also complete the
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document, Pursuant to . . , . § 143B-28 .1(c),
remission of a civil penalty may be granted only when one or more of the following five 'factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
a one or more of the civil malt assessment factors in ll.tF+.. 14313.1
were on full a lied to the detra rcent of the etitioner (the assessment actors are listed in
the civil penalty assessment documeq)
(b) the violator turn tl abated cntinuir environ ental d a e resultin from the
violation (i.e., explain the steps that you tools to correct the violation and prevent .future
occurrences);
c the violation was inadvertent or a resa.lt of an accident Le., explain why the
violation ulas unavoidable or something you earl not prevent or prepare or);
d the violator had not been assessed civil enalties for revions violations
e) payment of the civil pen will revent payment for the rernainin neceess g
remedial actions i.e., explain how payment of'lhe civil, enalty will prevent you ftom performirr
the activities necessary to achieve compliance).
EXPLANATION: