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HomeMy WebLinkAboutNC0024244_LV-2014-0014_20140206AtrA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Section Pat McCrory Thomas A. Reeder John E. Skvarla,111 Governor Director Secretary February 6, 2014 CERTIFIED NIA1L 7010 1870 0001 1558 1504 RETURN RECEIPT REQUESTED Mr. Raymond Allen, City Manager City ofAlbemarle Post Office Box 190 Albemarle, North Carolina 28002-0190 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofNC, General Statute 143-215.1(0(6) and NPDES Permit No, NC0024244 1.„ong Creek 'WWT.P Stanly County. Case No. LV-2014-0014 Dear Mr, Allen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,649.22 ($1,500.00 civil penalty +. $1.49,22 enforcement costs) against the City of Albemarle. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for September 2013. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No, NC0024244. 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 Albemarle violated the terms, conditions, or requirements ofNPDES Permit No. NC0024244 and North Carolina General Statute (G.S.) I43-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed inaccordance with the maximums established. by G.S. 1,43-215,6A(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 1,. Parker, Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Albemarle: Mooresville Regional Office Location: 610 East Center Ave„ Suite 301 Mooresville, NC 28115 Phone, (7041663-1699 h Fax, (704) 663-6040 ) Customer Service: 1-877-623-6748 Internet: http://portatnctienr,orgi4ebAve One NorthCarolina An Equal Oppoclurlily ,lkction Emplcy..er - 30% Recycled,' 09..6F rsumer paper 1,500.00 1,500.00 For 1 of the one (1) violation of Ci.S. 143-2'15,I(a)(6) and NPDES Permit No, NC0024244, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total mercury,. TOTAL CIVIL PENALTY 149,22 Enforcement costs 1 649,22 TOTAL AMOUNT DUE Pursuant to G.S.143-215.6A(c), in determining the amount of th.e 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(h), which are: (1) The. degree aria:txtent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) 'The effect on ground or surface water quantity ar quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were .committed willfullyor 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; and (8) The cost to the State of the enforcement procedures.. Within thirty days of receipt of this notice, you must do one of thefollowing: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form)). Payment of the penalty will not foreclose further enforcement action for any continuing or n.ew violation(s), Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699- 6 7 OR 2. Submit a written request for remission 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 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. 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 prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit 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) (2) (3) (4) (5) whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; whether the violator promptly abated continuing e.nvirontnental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether th,e violator had been assessed civil penalties for any previous violatio:ns, or 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 submitted in writing. The Director of :the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remissio.n. request. The response will 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 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 support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an .Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt ofthis 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: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 must file a petition for an administrative hearing. You may obtain the petition form 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 a.m. and 5:00 p.m., except for official state 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 §150B-23.2) is received in the Office 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 ifollows: Office of Administrative Hearings 671.4 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (I) copy of the petition must. also be served on DENR as follows: Mr. Lacy Presnell, General Counsel DENR 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 Generars 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. If the violations are of a continuing nature, not related to operation, and/or maintenance _problems, and you anticipate remedial construction activities, then you may wish to consider applying for a_Special Order by Consent. If youhave ins about this civil penalty assessment or a Special Order by Consent, please contact the Water Resources staff of the Mooresville Regional Office at (704) 663-1699, Michael L. Parker, Regional Supervisor Mooresville Regional Office Division of Water Resources ATTACHMEN7ES cc: Mooresville Regional Office Compliance File wl attachments Raleigh Compliance/Enforcement He 'w/ attach.ments Central Files w/ attachments ATTACHMENT A CASE NO. TV-2014-9014 Outran Date Parameter Reported Value Permit Limit 001 9130/13 Total mercury 15.8 ng/L 12.0 ng/L (Monthly average) The City of Albemarle response to NOV-201 3-LV-0725 received on January 24, 2014, was reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil penalty aniount Ofa'Nt R1J{CAROL11 1N I YOE iv w, '' AlIiRt)1 A L 1vlf a..I I 1 ?3" '`i[.I I.:. AR.F:. PI;Rf1 I , N`02444 N.RTMENf OF .hN\'II 0NM1 NATURAL R I RESOURCES WAIVER OF I iGil 'TO AN ADMINISTRATIVE IfI?AR.1Nfi AND T I'hitATION OF FACTS TS NO.L _2 14-0 IT -laving been assessed civil penalties totaling S14,19.22 for rxirrlationsj set f rth in the assassin nt document of the Div ision of 'ater Resources dated February 6, 2014, th undersigned, desiring to seek re.rnission of the civil penalties, does hereby waive the right to an adnrirtistratit c 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 Resources within 30 days ceipt of the notice of assessment. No nerr evidence in support of a remission request will he =ed after 0 days from the receipt of the notice cif assessment This the day o :RE£S PFf 201 JUSTIFICATION FOR REMISSION REQUEST DWR. Case Number:„LV-201.4-0014 Assessed Party: City of Albemarle County: Stanly Permit Number: NC0024244 .Amount .Assessed: $1 „649.22 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, PVaiver Qt- Right to an ildministrativ., Hearing, and Stipulation of 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 he aware that a request for remission is limited. to consideration of the live 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 he 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), one or „ oreof the civil penalty assessment factors in N,C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (h) the violato abated continuing environmental damageresulting from 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 (Le., explain why the violation was unavoidable or something you could .not prevent or prepare for); (d) the violator had not been assessed civilienalties for any previous violation (e) payment of the jii enaltwillcivilent for the remains• -•iecessary remedial actions (i.e., explain how payment oftheCiilpenaltv will prevent you from.performing the activities necessary to achieve compliance), EXPLANI, I ON: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER RESOURCES ASSESSMENT FACTORS Violator: Facility: County: Case Number: City of Albemarle Alheniarle Long Creek - Stanly 1 V-2014-0014 Permit Number: NC0024244 p 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. However, the discharge of mercury in excess of the monthly average permit limit could potentially lead to aquatic toxicity as well as bioaccumulation in aquatic organisms such as fish and transfer to humans; all NC waters are impaired for mercury due to elevated levels in fish tissue, The plant was discharging a monthly average of 4.24 MGD 2) The duration and gravity of the violation; There were only two mercury samples collected in September (14,1 ng/L and 17,4 ng/L) resulting in a monthly average mercury concentration of 15.8 rig/L. This exceeded the permit limit of 12.0 ng/L by 31.3%©. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Discharges of mercury in excess of the monthly average permit limit could potentially lead to aquatic toxicity as well as bioaccumulation in aquatic organisms such as fish and transfer to humans, all NC waters are impaired for mercury due to elevated levels in fish tissue. 4) The cost of rectifying the damage; The cost is unknown 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 willfully or intentionally, The permittee noted on the September 2013 DMR that, "the Long Creek WWTP exceeded the permitted limits for TSS (1 weekly avg, & monthly avg.), During this time the Citty's Hwy 52 WTP had a backlog of alum sludge accumulated in its sedimentation basin which were fed into the collection system too fast, The City has slowed down this feed rate at the WTP and began feeding a coagulent to help settle out these solids in the clarifiers. We also exceeded our monthly avg. limit for mercury. We have began monitoring our largest user for mercury on a monthly basis and sampling for mercury elsewhere in our collection system " In addition, the permittee's NOV-NRE response notes that the mercury removal was related to the TSS violations caused by discharges from the City's WTP. However, one of the two elevated mercury results occurred two days before the WTP started to discharge to the WWTP. The TSS associated with this mercury sample was 24,5 mg/L, which is well within the permit limits for the WWi P and also just above the concentrations that would be expected were the new filters operating at optimal performance (-15.0 mg/L). 7) Theprior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 25 previous CPAs for the Long Creek WWTP with three CPAs issued in the past twelve months. Case Number Description LV-2013-0078 2,397.44 limit violation for mercer; penalty paid. SP-2013-O011 ,000.00 SOC limit violation for TSS; penalty_paid LV-2013-0036 ? $1 647 44 limit violations of fecal coliform; penalty paid The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $149.22 Michael L. Parker, Regional Supervisor Mooresville Regional Office Division of Water Resources TV MONITORING REPORT VIO Report Date 12/04/13 Page: 4 of 5 PERWT: NO00580844 FACILITY: Gough Eon Inc - Gough Econ 1/WTP COUNTY: Mecklenburg REGION: MooresviltrV Liriiit Violation MONITORING,, OUTFALL / REPORT PP I LOCATION 09 -2013 09 -2013 09 -2013 001 Effluent \ 001 Effluent 001\ Effluent PAAMETER Coliferrn, Fecal MF, M-FC Broth,4. , 'IC . i NitrogenAmmonia Total(as. N) - Concentration Nitrogen!, Ammonia Tota N) - Concentration VIOLATION DATE UNIT OF FREQUENCYMEASURE 09/10/13 2 X month ), #/100m1 09110113 2 X month 3. mg/I 09/30/13 2 X month/ mgii CALCULATED LPMt / VALUE % OVER 400 415 V 10 V IT VIOLATION TYPE 3.75 \ Daily MaxiMum Exceeded , . 15.9 '7 59 , Daily Vazenrium Exceeded •,t., 7.95 \"' 297 5 / Monthly Avera Exceeded VIOL TION ACTION None \ 0 None PERMIT: NC0024244 FACILITY: City of Albemarle - Long Creek WWTP COUNTY: Stanly REGION: Mooresville Limit Violation MONITORING OUTFALL REPORT PPI CALCULATED LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATl0 09 .2013 001 Effluent Mercury, Total (asH0) - ,, // 7 Monthly Average Exceeded None 09130/13 Monthly ng/I 12. ' 15.75 ''' 31,25 Concentration --------- 09 -2013 001 09-2013 001 LOCATiON PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE Effluent Solids, Total Suspended - 09/28/13 5 X week mgi1 50 V 53,06N 6.1 Weekly Average Exceeded None Concentration Effluent Solids, Total Suspended - Concentration 09/30/13 5 X week mg/1 35 8.27 Monthly Average Exceeded None NPDES DMR Violation Penalty Worksheet Facility: Albemarle Long Creek WWTP Previous Violations: DMR: September 2013 Flo : 4.24 MGD Reduced Penalties: None of prior penalties were reduced Proposed Multiplier: NOV-NRE Response: Yes No [1 Response nformation: DMR Comments: Yes Nofl NOV-NRE dated 12/13/13; response provided on January 24, 2013 (extension granted by MRO). Response notes, "the violations were attributed to an unusually large load of alum sludge that inundated the WVVTP beginning on Sept. 6th_, WWTP staff attempted to maintain compliance with the addition of aluminum sulfate and polymers to aid with settling in the clarifiers. Staff also adjusted backwash frequency on the filters during this time in an attempt to achieve better performance. During this time frame, the plant's efficiency for removing mercury was compromised as well. Corrective measures include requesting a TA visit by DWR (completed 12/16/13), The City has spent in excess of S13,000 attempting to resolve the issues by purchasing polymer and chemical feed pumps. The City is committed to maintaining compliance at the WWTP and staff continue to closely monitor the situation." DMR Information: Previous Violation Information: There was one monthly average mercury violation (31,3% over limit) under NC0024244. There were also one weekly average violation and a monthly average TSS violation under the City's SOC; three of three proposed for penalty. September DMR notes, "The Long Creek WWTP exceeded the permitted limits for TSS (1 weekly avg. & monthly avg.). DUring this time the Citty's Hwy 52 WTP had a backlog of alum sludge accumulated in its sedimentation basin which were fed into the collection system too fast. The City has slowed down this feed rate at the WTP and began feeding a coagulent to help settle out these solids in the clarifiers, We also exceeded our monthly avg. limit for mercury. We have began monitoring our largest user for mercury on a monthly basis and sampling for mercury elsewhere in our collection system." Previous CPAs in Oct.-12 and Jan. 2013; total penalties for non-compliance with permit limits is $4,044,88. There was also a CPA for SOC non- compliance of TSS limits in Dec.-12 for $1,000.00. Oct-12 There were two fecal coliform weekly geometric mean violations (143.2% and 74.4°/© over limit) along with a monthly geometric mean violation (16.6%); two of the three assessed. The permittee notes on the October DMR and in the NOV- 2013-LV-0096 response that the VVVVTP is currently undergoing construction and that solids in the chlorine contact chamber along with reduced disinfection ability caused the violation; corrective action was to increase chlorine residuals. The follow-up information provided by Ms. Overcash noted that the solids in the contact chamber were due to old sludge and not solids generated by the WVVTP upgrade. There was one weekly average TSS violation (SOC limit); penalty auto assessed since conditions of paragraph 4 of S10-010 were not met to excuse penalty. Page 1 of 2 Rev, 0, 1-10/14 NPDES DMR Violation Penalty Worksheet Jan-13 There was one monthly average mercury violation (21,1%) over the limit. The permittee noted on the January 2013 DMR and in the NOV-2013-LV-0096 response that the WWTP is currently undergoing construction and that this activity has stirred up a large amounts of solids, which increased the mercury concentrations in the VWV-TP effluent. The permittee notes that the mercury concentrations were reduced in February and March 2013 after the new filters were placed in service. However, previous information provided by the permittee notes that solids in the contact chamber were due to old sludge and not solids generated by the WWTP upgrade. In addition, the monthly average TSS concentration in January 2013 was 22.0 mg/L, which is well within the permit limits for the WWTP and also just above the concentrations that would be expected were the new filters operating at optimal performance (-15,0 mg/L). Other Relevant Discharge of backwash solids from Hwy 52 WTP to Long Creek WWTP Information: started on September 6, 2013, Discharge was redirected from direct discharge to surface waters due to SOC for Hwy 52 WTP, Proposed Penalty Final Penalty ,500,00 Penalty Increase Outcome: El Decrease [1 Same Ititt ttEttpettxt, t 00,,rj Vt Notes: Proposed SOC penalty is $3,250.00 ($1,000.00 for weekly average violation and $2,250.00 for monthly average violation). — t att5t.ttc. („hi:; 1 c,:„ACiave5Nt „- 4'-t),(The LIOVV-" Page 2 of 2 Rev. 0, 1-10/14.