NC0089443_Enforcement_20150911

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vart
Governor Secretary
September 11, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3465
RETURN RECEIPT REQUESTED
Mr. David Wolfe, Environmental Program Manager
City of Charlotte
600 East 4a' Street
Charlotte, NC 28202
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143 -215. 1 (a)(6) and NPDES Permit No. NCO089443
Myrtle/Morehead Storm Drain
Mecklenburg County
Case No, LV-2015-0198
Dear Mr. Tolle:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$846�97 ($700 civil penalty + $146.97 enforcement costs) against the City of Charlotte.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for November 2014. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit'No. NCO089443. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Charlotte violated the
terms, conditions, or requirements of NPDES Pe it No. NCO089443 and North Carolina General
Statute (G, S.) 143 -215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums established by G.S. 143-215.6A,(a)(2).
Based upon the above findings of fact and conclusions of 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 Resources, I., Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the City of Charlotte:
MooresviUe Regionat Office
Locatm 610 East tenter Ave., SUh-, 301 hboresvffle, NG 28115
Phom (704) 663-169-9 + Feet (704) 663a4O 1, Customer Seal , 1-877-623-6,748
tinter at� httliportal.rcdc�nrorgilwebWq
An Equa Opmounity k Adlftnabwe Mbun C -nrgsayef - 10% Recyaled,'10% Pos' CemuAumw pals,

000 For I of the one 1) violation of G S. 143-21 .1 (a)(6) andl
NPDES Permit No. NCO089443, by discharging -waste into the
waters of the State in violation of the permit daily minin urn
effluent limit for ITT;
S200.00 For 2 of the two () violations of G.S. 143- 1 .1(d)() and
NPDES Pe grit No. NCO089443, by discharging waste into the
waters of the State in violation of the pennit daily maximum
effluent limit for total suspended solids.
500,00 For ,:— 2 _— of the two (2) violations of G.S. 14 -2 1 .1(a)(b)
and NPDES Perruit No. No. NCO089443, by discharging waste
into the waters of the State in violation of the permit monthly
average effluent limit for total suspended solids:
00.0l TOTAL L CIS{Ill: PENALTY
146,97 Enforcement costs
S846,97 TOTAL AMOUNT DUE
Pursuant to GS. 143- 15 c 7 in determining the amount ofthe penalty I have taper into cunt the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143 - .1 ), 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 violations
() The duration and gravity of the violations;:
(3) The effect on ground or surface eater quantity or quality or on air quality;
4 The cost of rectifying the damage;
) The amount of money saved by noncompliance
(b) Whether the, violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Enviromnental Management Commission has regulatory authority;an
i The cost to the State of the; enforcement procedures.
Within thirty ir°ty days of receipt of this notice, you must do one of the folio ing:

1. Submit payment of the penalty.,
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not it waiverfiortn), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a requestfor remission is limited to consideration of the five factors listed
below as they may relate to the reasonablenessI of the amount of the penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violations) occurred or the accuracy
of any of the factual statements 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 that no factual or
legal issues are in dispute. Please pre -pare a detailed statement that establishes why you believe the
civil penalty should be remitted, and subant it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shall be
considered-
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-282. IN were
xvrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations- or
(5) whether payment of the, civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all information presented in support of your request for remission must be
f Water Resources will review your evidence and
submitted inviting: The Director of the Division o ail
infanu you of his decision in the, matter of your remission request The response will I provide details
regarding case status, directions for payment, and provision for further appeal of the, penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was noat
ginal
remission request considered by the Director, Therefore, itis very importanthyou prepare a
complete and thorough statement in support of your request for remission.

In order to request remission, you must complete and submit the enclosed "Waiver of Right 11 to
an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 docurnent you must file a
petition for an adii-,Linistrative hearing. You may obtain the petition foram from the Office of
Administrative Hearings. 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
Hearings accepts filings Monday through Friday between the hours of 8:00 arm. and 5:00 p.m.,
except for officialstate holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one 1) copy and a filing fee (if a filing
fee is required by NCGS § 1, 50B-23,2) is ' Of
received in the ce of Administrative Hearings within
seven (7) business days following the faxed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Senice Center
R,aleigh, NC 27699-6714
Tel [phone]
Fax [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENS
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not 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 he assessed for violatiothat occur after the
review period of this assessment. if you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at i -1 .
(bate.) Michael L Parker, Ri real Supervisor
Water Quality Regional Operations ection
Division of Water Resources, NCDENR
ATTACHMENTS
cc Mooresville Regional Office Compliance File / attachments
Raleigh Compliance/Enforcement File w/ attachinents
Central pins #1 attachments

ATTACHMENT A
CASE NO. LV-2015-01,88
Outfall Datt Parameter
Rtnorted Value
Permit Limit
001 11,126,12014 PH
9.1 SU
9 SU (Daily Maxiinwn)
001 11/2612014 TSS
615 rng/L*
45 mg/L (Daily Maximum)
001 11/30/2014 TSS
62.5 mg/1,*
30 mg/l, (Monthly Average)
003 11/ 2 6,12014 TSS
183 mg/1,*
45 mg,/L (Daily Maximum)
003 11/26/2014 TSS
183 mg/l.,*
30 mg/l. (Monthly Average)
Denotes civil penalty assessment
The City of Charlotte response to NOV-2015-LV-0 117 received on April 1, 2015 was
reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil
penalty amount,

COUNTYSTATE OF NOWrF1 CAROLENA
ECKL UR
IN THE MATTER OF ASSESSMENT
F CIVIL, PENALTY AGAINST
CITY OF CHARLOTTE
PERMIT MIT NUMBER NCO089443
DEPARTMENT OF ENVIRONMENT
AND NATURA L RESOURCES
WAIVER OF RIGHT" TO AN
ADMINISTRATIVE HEARING AND
} STIPULATION `ACT
FILL. NO. LV-2015-0188
Having been assessed cavil penalties totaling $846.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated arch, «2015, the undersigned,
desiring to seed remission of the civil penalties, does hereby *waive the right to an administrative
hearing in the above -staled 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 roust be submitted to the Director ofthe, Division of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will he
allowed after 30 days from the receipt of the notice of assessment.
This the ._ dad of �.c 013
R
ADDRESS

DWR Case Number: LV-2015-0188
Assessed Party: City of Charlotte
County: Mecklenburg
Permit Number: NCO089443
Amount Assessed: $846.97
Please use this form when requesting remission of this civil penalty. You must also complete the
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 N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only ",vben 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 trepan, factors in N.C.G.S. 143B-282. 1(bwere
Ton full a; lied to the detruncot of the ctitioncr (the assessment factors are listed
in the civil penalty assessment documeno;
(b) the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an. accident (i.e., explain why the violation
was unavoidable or somethingyou could not prevent orpreparefor),-
(d) the violator had not been assessed ciyLlkenalties for any previous violations;
( a rnent of the cavil malt will revert a ent for the remaining necessga remedial
actions (i. e., explain how payment oj'the civilpenalty ivill prevent youroar performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

Violator: Qityof Charlotte
Facility- NLyrtle/Morehead Storm,Drain
County: Meeklenburii
Case Number: LV-2015-0188
Permit Number: NCO089443
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;
No harm has been documented;
2) The duration and gravity of the violation;
The TSS daily maximum effluent limit violations exceeded the permit limit by 38.9%, and 306.7%.
The TSS monthly average permit limits were exceeded by 108.3%, and 5 10%, during the month of
November 2014.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Increased suspended solids (turbidity) increase the
water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also
reduce the amount of natural sunlight that penetrates through the water, her decreasing oxy-gen
production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills,
lowering their resistance to disease, and smothering their eggs.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown,
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were committed oN'rillfiully or
intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been no previous CPAs for the Myrtle/Morehead Storm Drain.

8 The cast to the State of the for nit procedures.
The cast to the Division of Water resources is 1 46,9T
Date V"04- Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR