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Home My WebLink AboutNC0041718_Enforcement_20100325Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director March 23, 2010 CERTIFIED MAIL 7008 1140 0002 2716 8243 RETURN RECEIPT REQUESTED Mr, David Amaral Davidcyn Apartments 48708 US 52 HWY N 49251-49265 Misenheimer, North Carolina 28109 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, NC0041718 Davidcyn Apartments WWTP Stanly County Case No, LV-2010-0085 Dear Mr. Arn al: Dee Freeman. Secretary This letter transmits allotice of Violation. and assessment of civil penalty in the amount of $18537 (5100.00 civil penalty + 585.37 enforcement costs) against Davidcyn Apartments, This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for December 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0041718, The violations are summarized in .Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Davideyn Apartments violated the terms, conditions., or requirements of NPDES Permit No. NC004171.8 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. 1.43-215 16.,A(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 Enviromnent and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the IVIooresville Region, hereby make the following civil penalty assessment against Davidcyn Apartments: Mooresville Reeiontil Office Location: 610 East Center Ave.. Suite. 301 Mooresville, NC 28 115 Phone. (704) 663- I 699 \ Fax (701) 6634)040 \ Costumer Service: 1. -877-6'13-6748 nternet: 11110:filio rtal.lahrinr ;Drcnvebt„vc.1 c NorthCarolina Naturally Equzd OPP0,1LwilY Ar5, Mat jVC Ai=r)011ElnPlc\Ytr Re',Yele,Ill Poq Consuma PaPtjr 100.00 For one of the two () violations of G.S 143-215.1(a)(6) and NPDES Permit No. NC0041718, by discharging waste into the eaters of the State in violation of the permit daily maximum effluent lir ut for BOD. $30. 1,004)0 '17C/T.7811„, ...CIVIL PEN....AL.TY. $0,_ ....83.5113171. - ..EnfOreenterit cots1 3111185,317 -TOTAL ANIDIJNIT. LILT. Pursuant to G.S. 143-2 6A(c), in determining- the timount of the penalty I have taken into ilecount the Findings of Fact and Conclusions of f,aw and the factors set forth at G.S. 14,3B-282,1(b), svinch are: (1), 'flip degree and extent 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 qtiantity ior quality or on air quality; (4) The cost of rectifying the darnage; (5) 'Ilhe amount of money saved by noncompliance; (6) 'W.hether the violations were committed willfully or intentionally; (07) 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. thirty: days of receipt of this notice, you must do one of the following: 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) Pa.yment of the penalty will not foreclose further enforcement action for any continuing or new violaticm(s). Please submit pEiyinent to the attention of: Point Source ComplianeetEnforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-16137 (h.f?„ 2„ Submit a written request for remission Mcludirtg a detailed justification for such request: Please he aware that a request for reraissical is limited to consideration of the fiye factors listed belo NV as they may relate 10 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 rernitted, and submit it to the Division of Water Quality 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-282,1(h) were wrongfully applied to the detriment of the petitioner; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous violations; 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 Quality will review your evidence and inform you of his decision in the .matter of your remission 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 informationthat was not part (Attie 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 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: Point Source Compliance/Enforcement Unit Division of Water Quality 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 tiled 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, am. 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 tiling fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven ( ) 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 or the tiling process. 'The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as loll ONVS Offfb ofAdininistratige "Hearings" 6/71..4 MairService/Center RaleiglitiNC1 217619976"71.4" Tel: (919) 4.311.73.000 Fax: "(949) 431-21.00 One (1) "copy. 0,11.the .peritiOntmust also,he served un/DI NR .as1follosyst Nlary Penny Thompson, General Co LIEISC DENR 1601 Ntail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above Nvithin thirty (30) days of receipt of this letter, as evidenced by an internal dateltime received stamp (hot a postmark), will result in this matter being referred to the Attorney Obneral's Office for collection, of the penalty through a civil action. Please be advised that additional penalties rnay be assessed for violations that occur after the revies. period of this assessment. If the 'violations are of a continuing nature, not related to pperation andlor maintenance pr& blems.. arid you anticipate rerriedial construction activities.. then you may wish to considier nriplving for a Ss"eeial Order by Consent. If you have anv ilitiestions about this civil pentilty assessment or a Smiettal Order by CiiMSent, please, contract the Water Qualitv Section staff of the Mooresville Regional Office at 704/603-1699. ATTikCHMENTS Ribbert.R.,Krebs" Piegional1Sitperyisor Surface 'Water...Protection." Mooresstiller Regional Office ofWatet:QUdlitY ec: Water t3ual:try Regional Supervisor w/ attachments ComplkincelEnforcenient File stil attachments Central Files siel attachments jl e 109 /9. Prn BOD BOA ATTACHMENT NO.TV-2010-0085 Reported aPerri • r ;1 TATE• OF NORTH erdROISIN.A. -•••• .DEPARTMENT -01f.ENVIRONMEhNT AND NATURAL.RESOURCES• • COUNTY OF STidNLY ••• IN.THEHNTATTERrOF.A.S.SITRSMENT OF"CIATIL.P.E.HALINd.AGAINST. ..ARARTMENTS • WIVE:R. OF :RION:I 'TQ ....ADMINISTRATIVE ..HEARINO AND STIPUT„A.TION OF F.ACTS • FILE NO, .I.,V,r2010-0085 Having been assessed civil penalties totirling $ 1.85.3'7 for viola.tionrs) a.s set forth in the assessment doctimetit of the Dinasion of Water Qurdlity dated March 23, 2010, the u..ndersihened. desiring to seek remission of tide penalties. does hereby dvahve the right to an aritninistrative hearinh in the aboverstated Triatter arid does stip...hate tha.t t1 t 1rLas alleged in the .°.,.,issessinent d.o(qhment. The inadersigned furth.er understands that. all evidence presented. in support at' remission of thisL 1 perialiy ratist be submitted to the Director of the Division of d\Riter Quality within 30 days of receipt of the notice of assessine.nf No new evidence in. su.pport of a remission request will be allowerl after 30 da.ys frond the receipt of the notice of assessinent, This the day of '3010 TEL1312.F.TONIT 13 FIC` T10i FOR REIN' SION :,OL`ES1 DWQ Case Number: L11-2010---008 Assessed Party: avidcyn Apartments County: Stanly Permit Number: NC0041718 Amount Assessed: 51B5.37 Please use this form when requesting remission of this civil penalty. Rern vjot? Ffdiver of Right to t ra Administrative ruing, and Sttp_ of this e.t =tl l?ertalt You should attach any doeurr ents that you belie for flee: 1 hector to consider in evaluating your request for rcmi.ssic remission, s limite,d t.o consideration of the five factors listed below as 1 penalty assessed. Requesting remissic the amount of the c whether the violation(s) occurred or the accuracy oti any of the -act assessment document Pursuant to ti.C.G.S. 5 1.4313-282ii(C), when one or more of the following five factors applies. your case and provide a. detailed explanation, including copies applies (attach additional pages as needed),. (a) one or more applied t the detriment o f th {petit document); (b) expla volatOrdaroiilptlV ah i continuing env%t rook to correct the vio/atic (c) the vit,l, fion was unavoiaahle or s'orr € ttatrtg y'otu CO (d) ::advertent or jot ek upporti fact. rs in N.C. )f prevent or prepare had not been assessed c (e) �a }ri ent of the ci ii penalty t Main how payment oftFae civil- pena compliance). EXI'L.AN/ TIO "v ° (tr.ss' : crclditi:o rnaitis t avn dam r•r ca ccident ( VOL? ortilalete the "Reid: jest For form to re tlest remission port your request and are necessary Please be aware that a request for they rnay° relate to the reasonableness of the proper procedure for contesting lent.s contained in the civil penalty f a civil penalty may he granted only or that you believe applies to documents, as to why the factor 3B-84. the n frotaa the 'v'ita is "t4 ta.tiOns,v remailiin netiessca the ac iolatitn ation was Violator: Facility: County: Case Number: Permit Number: NORTH CAROLINA DIVISION OF Dayidcyn Apartments Davidcyn Apartments WWTP Stanly LV-2010-0085 NC0041718 ATER QUALITY ASSESSMENT FACTORS .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: :however, BOD daily maximum limit violations would indicate that down.stream impacts are likely due to lowered dissolved oxygen levels in the stream. Stess on aquatic lifewould be predicted as a result of the discharge. The duration and gravity of the violation; The violations occurred during December 2009. BOD exceeded the daily maximum limit by 45% on 12/23/09 and 14% on 12/30./09. 3) The effect on ground or surface water quantity or quality or on air quality; No impacts on the ground water or air quality or quantity are expected. Surface water quality was likely compromised. 'by the discharge. Stress to aquatic life would. be expected due to depleted dissolved. oxygen in the receiving stream. 4) The cost of rectifying the damage; No damages have been documented. The amount of .money saved by noncompliance; No money appears to have been. saved by the noncompliance. According to comments, on the December 2009 monthly monitoring report, the violations resulted from the removal of sludge front the facility. BOD returned to compliance in January 2010. 6) Whether the violation was committed willfully or intentio The violations do not appear to be willful or intentional. The prior record nl" the io atnr in omplying complyingor ailing omply th progtrt S ON- er the Environmental Management Commission has regulatory autht rit °; and base Number D slatx IMF ' 1 -01117 s 1 / 9 assessed 8) The cost to the State gal° the enforcement procedures. Staff prep' tion of enforce' rcntpackage:1 hcti SP Rey rt al Superris Clerical Strl Total: 1,7 pail It sed 3/17 "1 54/hot 1 hrttr at ''_ 7. 3,hour 1. 15. 0/hour 3.37 t.t pervisor Di is on of \ 'atQuality MONITORING REPORT(MR) VIO Parma Sic Facility Name, % Major Minor. TIONS for: MRs Between: 120D9 and 12-2009 Region:Mooresville Foram Name: % County. Roper/ Date: 03,15/10 Violation Category: Limit Violation Subbasin: Page: 25 of 29 Program Category, NioDli.8 ii`VW Violation Action: % PERMIT: NC0041718 FACILITY: Davidcyn Apartments - Davidcyn Apartments COUNTY: Stanly REGION: Mooresv e Limit Violation MONITORING OUTFALL REPORT PPI LOCATION 12-2009 001 Effluent 12 - 2009 001 Effluent PARAMETER BOD, 5-Day (20 Deg C) - Concentration BOD, 5-Day (20 Deg, C) - Concentration 12 -2009 001 Effluent Chlorine, Total Residual 12,2009 001 Effluent Chlorine, Total Residual 12-2009 001 Effluent Chlorine, 'Total Residual 12 -2009 001 Effluent Chlorine, Total Residual 12 -2009 001 Effluent Chlorine, Total Residual 12' -2009 001 Effluent Chlorine, Total Residual VIOLATION DATE FREQUENCY 12/23/09 Weekly 12/30/09 Weekly 12/14/09 2 X week 12/18/09 2X week 12/23/09 2 X. week 12/24/09 2 X week 12/29/09 2 X week 12/31/09 2 X week UNIT OF MEASURE CALCULATED LIMIT VALUE % OVER LIMIT mg/I 25.5 37 45 1 mg/I 25.5 29 13.73 ug./1 17 22 29.41 ugll 17 30 76.47 ug/I 17 20 17.65 ugil 17 18 5.88 ug/I 17 18 5„88 ug11 17 21 23.53 VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded None Daily Maximum Exceeded None Daily Maximum Exceeded No Action, BPJ Daily Maximum Exceeded No Action, BPJ Daily Maximum Exceeded No Action, BPJ Daily Maximum Exceeded No Action, BPJ Daily Maximum Exceeded No Action, BPJ Daily Maximum Exceeded No Action, BPJ PERMIT: NC0044024 FACILITY: City of Albemarle - Highway 52 VVTP Limit Violation " S., *We COUNTY: Stanly REGION: Mooresville MONITORING OUTFALL REPORT PPI LOCATION PARAMETER 12-2009 001 Effluent Chlorine, 'Total Residual 12 -2009 001 Effluent Chlorine, Total Residual 12 -2009 001 Effluent Flow, in conduit or thru treatment plant VIOLATION DATE FREQUENCY 12/03109 2 X month 12./22/09 2 X month 12/31/09 See Permit UNIT OF MEASURE VIOLATION TYPE ug(I 17 29 70.59 Daily Maximum Exceeded ug/I 17 22 29.41 Daily Maximum Exceeded mgd 0.114 360 315,689.47 Monthly Average Exceeded CALCULATED LIMIT VALUE % OVER LIMIT VIOLATION ACTION No Action, BPJ No Action, BPJ None