NC0088226_Enforcement_20101224

North Carolina Depaftment of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, S,,,Hins EMVISION RECEnvf7,C) Dee Freeman
Governor Director UAL IT Y Secretary
December 24, 220 10 AA00RESViLL'E tt U;A)oAt- OFFiCE
CERTIFIE'D MAIL: 7002 3150 0003 7052 3&80
RETURN RECEIPT R JES,,-�t-,Q L 21
,vlr, Chris Sutherland
GCS Carolinas
8702 Red Oak Blvd,
`trite A
Charloae, North Carolina 28217
SUB.TECTssessment of Civil penalty for Violations of NC General Statute 143-215.1(a)(6) and NPDES
Permit No, NCO088226
Wachovia Tryon St. BTS
MecklenbUhg County
TX 2010-0008
DearNi4r. Smith:
This letter transmits as Civil Penalty assessinent aaan1stVVaJ1(,)% TaTr\()n S1 RTS In LheamOUnt 0l'S_-2
civil penalty + ent'Meenrent costa
This assessment is based upon the fc)] tow i n - facts . A review ofthe facitity's toxicity self -monitoring data front
September has been conducted. The review has shown Wachovia Tryon St. BTS to be inviolation of the 90 % chronic
toxlciq, effluent discharge limitation found in N11DES Permit No, N&088226. The facility's toxicity self -monitoring
reports to I
r June through September 20 l 0 revealed the following effluent toxicity permit limit violations,
June 15. 21010 Fail (chronic P/F))
J Lily 27, 20111 97,5 11,16 (7 day, chronic valUC) Compliant
,August 24, 2010 Invalid Test
September 28, 20 10 <-3V'o (7 day chronic value) Non-Corripliant
Based upon the above facts), I conclude as a matter of la-,N,, that Wachovia'fryon St, BTS violated the terms, conditions or
requirements of N11DES permit No, NC00611821 and N.C.G,S 143-2 15,1 (a)(6) in the nianner and extent shown above. A
civil penalty in accordance with the maximurn established by NN C GS. 1-13-215.6A(a)(2). may be assessed against a
person who violates the terms, conditions or re. qUirCIIICIIIS ol'a permit required by N,C.G.S. 143-215, 1 (a).
EsivironrnenW Sciences Secfion
1521 klail SeMce Center Rai eigh, North Carok� a 27699-1621
�Lcvcalron: 4401 Reedy Creek Road, Ralek1h North C.arolina 27,,",7
r�ir,om 919-743-8400 k FAX: 919:7 43-8517
;rhamet hilp:02o enr-statem usyesb.1
0 n C-
NoilitiCai-ofiria
Natul"41114,11
,,,Faro C)cparlu My Aff",amn e Z,ao rnployer

Based upon the above findings of fact and conclusions of law, and in accordance Nvith authority provided by the Secretary -
of the Department of Environment and Naturaesources and the Director of the Division cif Water Quality, 1, Cindy
Moore, Supervisor, Aquatic Toxicology Unn, hereby make the following civil penalty assessment a ant Wachovia
9
Tryon St. BTS;
For of '_/_ violation(s) of G.S, 143-215, 1 (a)(6) and NPDES
Peril, it4o'_NC0088226, by discharging waste into the waters, of the State in
violation of the theflit\'s permit effluent limit for chronic toxicity for
Rine 15, 20 10,
For -- of violation(s) of G.S . 143 -215 . I (a)(6) and NPDES
Pcrm t I�o-k- N('0088226, by discharging vvaste into the waters of the State in
violation of tile facility's permit effluent hinit for chronic toxieit�y for
Scpten-ibcr 2& 2010,
Enforcement costs,
TOTAL AMOUNT'DUE
PIN'SUant to G.S. 143-215.6A(c), in determ inin(W the ainount of the penalty I have taken into account tile Findings of Fact.
zl�
and Conclusions of Law and the factors set forth it G& 143B-282, I(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
I-CRIlting from the violatiorr;
('211 The duration and aravit�,, of the violation,
(3) The effect on ground or Surface water qLIatltItV or quality or on an- qUality-,
(-I) 6 f e C't)st of J'Cetjjl\ inn the dam ag, c
I'hC iIII)OLIM oaf money saved bN tamer mill
(61 Whellicr the violation was comniffled wdlftflly or ikaentlonaHy:
(7) The prior record ofthe violator in comp�ying or failing to comply with programs over which Tile Environmental
Manigernent Commission has regulatory authority, and
(8) The cost to the State of the enforcement procedures.
Environmentat SrIences Section
162", Ma Service Genter, Raie,qh, North Care,)ina 2769,9-11,621
_ocztion: 4401 Reedy CmeekRoad Raleigh, Nh C, m!ira T-5-37
Phnn& 1919-743,8400 @ '-AK 919743-8517 t Oustmer Service: 1-87�1-623 6748
Intemet hftpPh2o,enr, State nI_ uslesb/
One
North Caro] ina
,/VahlrallY
,v, ­oOhn")Pfrnmuni(y ', Alm�aflve Acfiol Empioyer

Within thirty days receipt of this notice, you must do one of the following-,
I Submit payment of the penalty:
Payment should be rilade directly to Lhe Department of Em it-onment and Natural Resources (tio not inchOe
waiverforin). Payment ofthe penally will not I'orcclosc ell forcenwi-it action for any continuino or new
violation(s),
Please submit payment to the attention of'.
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
IM
2, Submit a written request for remission or mitigation including a detailed justification for such request.
Please be aware that a request for reiriission is limited to consideration of the five factors listed below as they Inky
relate to the reasonableness of the antount of the civil perially assessed, Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contafited
in the civil penalty assessment dOCLInlent. Because it remission request forecloses the option of an administrative
hearing, such as request must be accompanied by a ,vaiver of your right to ail adritinistrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute, ["lease preparc a detailed statement that establishes why
you believe the civil perialt),-, should be remitted- and submit it to the Division of Water Quality at the address listed
below, In determining whether a remission roqucsi will be approved. the following factors shall be consideredL
(1) one or more of the civil penalty assessment factors in GS, 143B-282, l(b) were wrongfully
applied to the detriment of the petitioner;
(2) the violator promptly abated continuing environmental damage resulting from the violation;
(3) tire violation was inadvertent or a result of an accident,
(4) the violator had been assessed civil penalties for any previOLIS -violations;
(5) payment ofthe civil penalty will prevent payment forthe remaining necessary remedial actions,
Please note that all evidence presented in support of your request for renlission, must be submitted in writing, The
Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions for
cl
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions �Cornrnittec), Please be advised that the Conininteecannot consider information that,
,vvas not part of the original remission request Considered by the Director. Therefore, it is, very important that you
EnvironmenW Sciences cton
1621 Mail Service Cener, Ra',eigh, Norit,
I,ocatom 4401 Reedy C-eek nee Raeqh Nlo�,n
':'hone: 919 U, '�a % e
-74M40-0 1, FAX [phone] �� C SIOMe� '-, N I K,
Intemet: httl�):llh2o,enr.stak,k,,nc.us.,esl,!
One
NorthiCarolina
/' Y IV �711,1611411
An, L� ia, Opportundy E AfNmauve, fi'vmm Cr

prepare a complete and thorough statement in Support of your request for ren,iission,
In order to request remission, you must corriplete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts" forn) 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 sectiall
Division of Water Ouality,
162 1 Mail Scr-,,bcc Center
Raleigh, NIC 2-11,699-1621
I=
3, File a petition for an administrative hearing vvith the Office ol"Adininistrative Hearings:
If vou wish no contest any statement in the attached assessment document you must File a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative I learing.s. You must file the petition with
the Office of Administrative Hearings within thirty (30) 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 1-learings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p,rn, except for official state holidays.
The original -land one (1) copy of the petition must be filed with the Office of Administrative I learings. The petition may
he faxed - provided the original and one copy of the document is received in the Office of'Adiiiinistrative Hearings within
five (5) business days following the taxed transmission. The mailing address For the Office of Administrative Hearings is:
Office of Administrative Hearing
,s
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: (91,9) 133-3478
A copof the petition must also be served on DENR as fo)Hows:
Ms, Marx, Penny Thomason. General Counsel
Department of Environment and Natural RCSOLH-CeS
1601 Mail Service Center.
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on tile petition,
Failure. to exercise one of the options above within thirty (30) days of'reccipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), Nx-ill result in this matter being referred to the Attorney Gencrai'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.
E riviron inenta I So lences Section
621 Mail Service Center, Raleigh, North Carolina 27699-1621
-&u al-anoflna 27q lbn 1-40'. Reedy Cwk Road, Raiegh, Nolh 07
nine : 919-743-800 1, FAX; 919-743-8517'� Cuva-e, Sevsce 1-877-623,674?
n�nmel, iftp:1,1h2o.enrVate naustesbl
One
NorfhCarofina
iNaturair y

Please be advised that any continuing violation(s) may be the subject ol"a new enforcement action, hi it i g an additional
penalty. If you have any questions abOttt'this civil perrtrlty asses ruent, please contact me at 919 743- 442 or Mr. John
Giorgino at I ®7d3- 44f.
Date Cindy Nloor
Supervisor. Aquatic rl'oxi ology Unit
cc: Rob, Krebs —Mooresville Regional Ol`FWC W/at1rrCh)T)Q11ts
John Lesley- Mooresville Regional Offli e �s `atta hme.nts
[quint Source Branch File s{/attacht cents
John Giorgino -Aquatic ` oxictrlogy Unit wia tachnients
Central Piles /attrrchnients
Environmental Sciences Section
1,521 Mail service Center. Raie h, North Ca cj na 27 99r 1521
La tian. 4401 Reedy Creak Reci . Ranh Nnnh r aFoNne 4 €t7
lone, 919.243-8400' FA' 91 " . 42-8513 ustom, e n�.,., E 6 . 623` 74P
internet httE:llh2a.enr.state,.rc,uVestrt
,rs ) Fgiml'Opporturrily ? At'irmat�ve i%cft a E .r , k yU
One
NofthCarolina
tur

JUSTIFICATION FOR ICE MISSIOLICI. QII�S"I'
DWQ Case Number: TX-2010-0008 CountN­ Mecklenburg
Assessed Party- waebovia,rryon Alta wrs
Permit No. if applicable): NC0088226 Amount Assessed: S-,--
Please use this form when requesting remission of this civil penalty, You must also complete the
"Retittest For Remission, lVah er oLftylil to an Administrative 1-fearb 'I, (VII 2 d St
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 avvare flazit a request fir remission is limited to
consideration of the five factors listed beloNv as they rnav 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 eivil perialty assessnient document. Pursuant to N.C.OT.S. § 143B-282.1(c),
remission of as civil penalty may be granted only when one or more of the f'having five. factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, InClUding copies of' supporting doCUrelents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the cil _assessinent factors in N.C.G.S. 14311-214LAU)
svere wrongfully applied to the detriment of the 12�c tifioner (the assessmeniftictors are listed in
the civil penalty r-issessmew chwianeat);
(b) the violat or IlEgn 3p, LIv abated continuing environmental dapi
j,iolation (i,e_ ex
Plain the steq)s that vou took to correct the violation and preventfilture
occurrences):
_._ (e) the violationis i
- svna ' dy ' ertent a ran or result of accident (i.e., exI)Ictin 1,147'y the
violation ivu as navoidable oi- soinethingj,ou could notprevent cw preparefbj�),-
(d) the violator had not been assessed ciyiljx"na_lties-__rLi—ok-itio-11s;
(e) pgaLnwrLt of the civil penalty will prevent payment for the remaining necessar)
. ..... ....
remedial actions (i, e., ex ot i
Plain hou! pc�wnent (�f the civil penaltjy, will prevent youftorn pe�f �117 ng,
the activities neeessatpy to achieve coinpliance.).
EXPLANATION:

r_TAVf 1 N T -T C. I OI. I I=
COUNTY OF MECI LENI TSI G
IN sTT-IE MATTER OF ASSESSMENT
017 CIVIL PENALTIES AGAINST
WACHOVIA "mYON ST, BT
NPDES PERMIT NO, NC'0088226
DEPARTMENT F ENVIRON MIN`l
AND ''vATUR-A , RESOURCES
Nk'AIVII'R Ol_, RIGHT "1"0 AN
ti ADMINISTRATIVE HEARING -,ND
STIPULATION OF FACTS
S
FILE NO, "f'X-2010-0008
Having been assessed civil penalties totaling ¢� �_..� � for violation(s) as set
forth its the assessment document of the Director for ofthe Division of Water QUality Mated
the undersi ned, desiring to seek remission of the; civil perialties, does hereby waive the right to an
administrative hear rr,o in the above -stated matter and does stipulate that the Iacts are as rr11t:ged in the
assessment dtretrraaetat. The etradUsin.ned further understands that all evidence: presented in support of remission
of this eiN it penalty must be submitted 10 the Direct lr a'a dlc� of r; rt :t t,w7uahty Within "'0 LIr.N ' o rccc: ' t
ofth notice ot'assessmerrta No ric; \ evidence in support of . remissr011 Fr=.cptreSt will be allwo.ed utter pit days
from the receipt of the notice of assessnierrt.
This the day,. of