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HomeMy WebLinkAboutNC0085812_Enforcement_20160406Water Resources NVMONMENIAL OLLALIf Y July 26, 2016 Cindy Cotto Union County 500 N Main Street, Suite 918. Monroe, NC 28112 PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN Subject: Payment AcknowIedgenieni- Qxassy Branch WWTP Permit Number: NC0085812 Case Number: LV-2016-0083 Union County Dear Pen ace. This letter IS to acknowledge receipt of payment in the amount of $300.33 received from you on July 25, 2016..This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statues, Regulations, or Permits. If you have any questions, please co cc : Central Files NPDES Mooresville Regional Office n dford a Sincerely, 9. _. 07-6304., ren Thedford Wastewater Branch State of North Carolina Environmental Qualify] Water Resources 617 Mail service, Center I Raleigh, Norili Carolina 2769.9-1617 919 807-630.0 Certified Mail # 7015 1520 0002 8376 3231 Return Receipt Requested April 06, 2016 Richard D. McMillan, P.E. Water & Wastewater Division Director Union County 500 N Main St, Suite 600 Monroe, NC 28112 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-21 and NPDES WW Perinit No. NC0085812 Union County Grassy Branch WWTP Case No. LV-2016-0083 Union County Dear Mr. McMillan: a)(6) : • 'I I'Allinorntr# This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $300.53 ($200.00 civil penalty + $100.53 enforcement costs) against Union County. This assessment is based upon the 'following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Union County for the month of October 2015. This review has shown the subject facility to be in violation of the discharge limitations andior monitoring requirements found in NPDES WW Permit No. NC008581.2. The violations, which occurred in October 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Union County violated the terms, conditions or requirements of NPDES 'WW Permit No. NC0085812 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary ofthe Department of 'Environmental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger,. Regional Supervisor, Mooresville Regional Office hereby make the following civi1 penalty assessment against Union County: State of North Carolina I Environmental Quality Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 '704-663-1699 0. of the .1 violations of 143-2.1.5,,1(a)(6) and Pemiit 'No.NC008581.2, by discharging waste into the waters of the State in violation of the Pennit Monthly Average for FLOW. t of the 1 violations of 143-215.1(a)(6) and Pemnt No.NC0085812, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD .0 of the 1 violations of 143-2 1. 5.1(a)(6) and Permit NoNC0085812, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for TSS Cone. ..$.J QOM 1 of the 1 violations of 143-215.1.(a)(6) and Permit No.NC0085812, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for FEC COLI. $200.00 TOTAL CIVIL PENALTY ,$.3 00,53 Enforcement Costs $3_,QQ5 3 TOTAL AMOUNT 'DITE Pursuant to G..S. '143-215.6.A(c), in detemnaing the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at Ci: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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; 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 has regulatory authority; and The cost to the State of the enforcement procedures. (4) (5) (6) (7) (8) Within thirty (30) days ofreceipt of this notice, you -must do one of the following: (I) Submit payment of the penalty, OR .) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality do not include waiver ftirtn). 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 Di -vision of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1 61 7 Option 2: Submit a written request 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 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 Resources at the address listed below. In detei wining 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 NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental dainage 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 evidence 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 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 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 "Request for Remission of Civil Penalti Waiver of Right to an Administrative Hearin& 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 Option 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 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 filjngfee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as o Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 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 letter, 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 be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff ofthe Mooresville Regional Office at (252) 946-6481 or via email at roberto,scheller@ncdenr.gov, Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File, NPDES Compliance/Enforcement Unit - Enforcement File Case 'Number: 1N-2016-0083 Assessed Party: Union County Permit No.: NC008.581.2 JUST CATION FOR "SION UEST County: Union Amount Assessed: $300.53 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For RemLssion,. Waiver of Right to an Administrative 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 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 remissionis 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. 1.438-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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 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); (b) the violator promptly abated continuing environmental damage resulting 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 civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions «e., explain how payment of the civil penalty wili prevent youfrom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NOR' fl CAROL A DEPART EN f OF EN IRONMFN rAl QUAL1 IY COUNTY OF UNION IN THE MATTER 01 ASSESSMENT OF CIVIL PENAI2TIES AGAINST Union County Grassy Branch NA, TP PERMIT NO. N 'O088I2 WAIVER OF GHT TO AN DMINISTRAT HEARING AND STIPULATION OF FACTS CASE NO EV-2016-008 Ha ing been assessed 6 il penalties g $3,00.53 fpi liatior(s) a set torth m the assessnient document 01 inc Division of Water Resources dated April 06, 2016, the undersigned, desUing to seek rernlssicn of th eivil penalty, 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 cia penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of die notice of assessment. No new evidence in support of a remission request will be allowed after (30) days front the receipt of the notice of assessment. Th day o ADDRI SS SIGNAT IRE PERMIT 0886812 FAC1L MONITORM COTEAU, / P A 0 PPi °CATION PARA uent. 2 E nt aoo 10-201 BOD FEC COLt FLOW TS5 - Com ATTACHMENT A Union County GASE NUMBER LV 2O1LOO COUNTY: REGION: M TIO URI OF U % OVER DAT F EQBENCY uR LNM1T V10 N P kty 7 108 0 it eta e tt d Y 400 776.0 O. 17 2 ly titt,Wnakly Geomenc Monthly Average Ex MeV), Average Exceeded Water Resources ENVIRONMENTAL QUALITY June 7, 2016 CERTIFIED MAIL 7013 2630 0001 8998 3172 RETURN RECEIPT REQUESTED Mr. Edward Goscick, P.E, Executive Director Union County Department of Public Works 500 N. Main St., Suite 600 Monroe, NC 28112 Subject: Dear Mr, Goscick: PAT MCCRORY t DONAL D IL VAN DER VAART Seerehti,t, S. JAY ZIMMERMAN Request to Remit Civil Penalties - Denied Decision in Case Number: LV-2016-0083 for Union County Department of Public Works Grassy Branch WWTP NPDES Petinit NC0085812 Union County In accordance with North Carolina General Statute 143-215.6A(0, the North Carolina Division ofWater Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret to inform you that the Director has denied your request. Therefore, your outstanding balance ($300.53) is due and payable. Two options are available to you at this stage of the remission process: 1) You may pay this balance. If you decide to pay the penalty, please make your check payable to the Department of Environmental Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the attention of: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2) You may request the Envronmental Management Commissions (EMC's) Committee on Civil Penalty Remissions (the Committee) to make the final decision on your remission request considering your additional oral input, as warranted. State of North Carolina 1 ElwiromDcn1 Quality j Water Resources 1617 Mail service Center j Raleigh, North Carolina 27699-1617 919 807 6300 Mr. Goseielci June 7, 2016 Page 2 of 2 payme.nt is not received within 30 calendar days from your receipt ofthis letter, your current request for remission and this letter of denial will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Commit , you must complete and return the attached Request for Oral Presentation Form within thirty 30) calendar days of receiving this letter, Send completed form(s) to: Wren Thedford NC DEQ/DWR/Water Quality Perm 1617 Mail Service Center Raleigh, North Carolina 27699-1617 g Section If you make such a request, the EMC Chairman will review the supporting documents and your request for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason to require a presentation, you will be notified as to when and where you should appear. If your presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty and offer no remission, they may agree with the DWQ Director's remission recorrunendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact Derek Denard at derek.denard@ncdenr.gov or call 919-807-6307. S. Jay Zimmerman, P,G., Director Division of Water Resources, NCDEQ Attachments: Permittee's Request for Remission Waver of Rights to Administrative Hearing and Stipulation of Facts Permittee's Justification for Remission Request CC: arty Basinger, Enforcement File Central Files ooisvT11eRgiotia1 Office DWR SIGNATURE PAGE SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES Case Number: LV-2016-0083 Region: MRO County: Union Assessed Entity: Union County — Grassy Branch WWTP Permit No.: NC0085812 Assessment Factors Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: E (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: El (c) Whether the violation was inadvertent or a result of an accident: (d) Whether the violator bad been assessed civil penalties for any previous violations: ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Permittee's Comments: The Justification for rernission request was not attached to the request received. Therefore, no assessment factors were indicated. The perrnittee indicates in the remissions request that the violations occurred due to inflow and infiltration (1M) during October 2nd and 3". The rainfall records on the indicated days was 11.5 and 43 inches, respectively. The flow for the Oct 3and Oct 4th at Grassy Branch WWTP was 0.189 and 0.178 MGD, respectively. The County has been working to find the sources of the I&I by smoke testing and inspection of the collection system. DWR Notes: Within the 60 months prior to October 2015 (October 2010 to September 2015) the County has had multiple limit violations for flow, BOD, fecal coliforrn, TSS and ammonia resulting in three (3) enforcement cases. DECISION (Ch Request Denied Full Remission Partial Remission ck One) Retain Enforcement Cost? NoEJ ount) STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF UNION IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: UNION COUNTYPUBLIC WORKS GRASSY BRANCH WWTP 'DWQ Case Number LV-2016-0083 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. Making a presentation will require the presence of myselfy representative during a Conunittee meeting held in Raleigh, North Carolina. My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.comiethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. If you are an individual or business owner and are granted an oppornmity to make an oral presentation before the Conunittee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible, If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of , 20 SIGNATURE TITLE (President, Owner, etc. ADDRESS TELEPHONE ( ) ' UNION COUNTY DEPARTMENT OF PUBLIC WORKS 500 North Main Street, Suite 600, Monroe, NC 28112 Phone: (704)2964210 • Fax: (704)296-4232 April 22, 2016 Mr. W. Corey Basinger Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Subject: Notice of Violation & Assessment of Civil Penalty: Request for Remission Case #: LV-2016-0083 Tracking #: NOV-2016-LV-0110 Grassy Branch WVVTP NPDES Permit No. NC0085812 - Union County RECEIVEDINCDECYDWR APR 2 5 2016 Water Quality Permitting Section Dear Mr. Basinger: Union County Public Works (UCPW) has received the Notice of Violation and Assessment of Civil Penalty with regards to the Grassy Branch VVVVTP for biochemical oxygen demand (BOD) and fecal caliform violations, UCPW is requesting a remission for this action. Our request is based on the following: Rainfall: During October 2nd and 3 , the Grassy Branch basin received 1.5" and 4.3" of rain (respectively), for a total of 5.8" of rainfall during a very short time period, slightly over 24 hours. Flooding was occurring across Union County as a result of these very heavy rains. For the month of October alone, this basin received approximately 10,1" of rain, nearly one quarter of the annual rainfall in one month, Parameter Violations: As a result of the extremely heavy rain on October 2nd & 3, the plant received flows of 0.189 MGD (10/3) and 0.178 MGD (10/4), These flows were nearly four times the permitted flow. Due to the very heavy flows into the plant, insufficient detention time for solids to settle out, combined with the silt and clay of the creek water, the UV system was blinded and not able to disinfect the effluent adequately. Union County Public Works Actions: UCPW has been working to find the source of the excessive flows to the Grassy Branch plant for the fast 6 months, During the heavy rains of Fall 2015 (Sept -Dec), the VVVVTP was recording higher than normal peak flows into the plant, indicating a change in the collection system. Staff believed there was a hole in the collection system allowing the creek water to flow into the collection system due to influent flows mimicking the creek level. 500 North Main St., Suite 600 • Monroe, NC 28112-4730 • Phone: (704)296-4210 • Fax: (704)296-4232 April 22, 2016 UCPW performed a visual inspection of the entire outfall and manholes during the Fall 2015. When an obvious issue was not observed, staff performed smoke testing along the entire ouffall between December 2015 and February 2016, The smoke testing identified some potential storm drainage cross connection issues at the High School, but did not identify a main source of the inflow. NCDEQ Staff from the Mooresville Office met with UCPW staff (2/23/2016) and walked the entire Grassy Branch outfall. The condition of the ouffall, MHs, R&Cs, and inserts were in very good condition. NCDEQ Staff observed no obvious issues or problems to indicate an MI problem. UCPW has installed five flow monitors in the basin on 3/21/2016 to help identify the source/area of the inflow. UCPW will continue to work diligently to identify the problem and will move to correct and/or repair the problem immediately, Though there were two weekly violations during this week in October of very heavy rain the plant remained in compliance for the monthly permit limits. We appreciate your consideration in this matter, if you have any questions, please contact me at 704- 296-4215. Sincerely, Water & Wastewater Division Director I Dawn Padgett Operations Manager — Charlotte Water pc: Ed Goscicki, Executive Director Jackie Jarrell, Operations Chief — Charlotte Water North Carolina Department of Environmental Quality Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 • Page 2 STATE OF NORTH CAROLJNA DEPARTMENT OF ENVUONMENTAJ. OUALITY COUNTY OF UNION IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Union Couuty Grassy Branch W1VTP PERMIT NO. NC0085812 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV- 0 Having been assessed civil penalties totaling $300.53 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 06, 2016, the undersigned, desiring to seek remission of the civil penalty, 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 Resources within thirty (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 assessm ent. This the 22nd day of April ADDRESS Edward Goscicki, P.E. Executive Director 500 North Main Street Suite 600 Monroe, NC 28112 TELEPHONE 704-296-4212 , 2 16 DIVISION OF WATER RESOURCES - CIVILPENALTY ASSESSMENT Viol or: Union County Facility Name: Grassy Branch WWTP Permit Number: NC0085812 County: Union Case Number: LV-2016-0083 ASSESSMENT FACTORS 1) The degree and extent of harm to the natura property resulting from the violation; , et-d . ,214 2) The duration and gravity of the violation; 601) --- od e) 1,, 0 ) The effect on ground or surface water quantity or quahty or on air quality; e State, to the public health, or to private tet.-Yiesr44-4 4 Ct.:woke,/ 4) The cost of rectifying the damage; ount of money saved by noncompliance; 6) Whether the violation was comrnittd willfully or ally; • A,,t7( if 16.4. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; The subject facility has had two (2) noted enforcements against in the past 12 months (September 2014 to September 2015). For the month of 01/2015 (Tracking # NOV-2015-LV-0400) 1-Weekly Geometric Mean and Monthly Average for Fecal Coliform. For the month of 3/2015 (Case # LV-20 15-0208) 1-Weekly and 1-Monthly Average violation of BOD, 1-Weekly Average violation for TSS. For the month of 09/2015 (Case # LV-2016-0049) 1-Daily Max for Ammonia Nitrogen and 1-Monthly Average for Ammonia Nitrogen. ) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office is $100.53. Regional Office Clerical Staff— one hour .00 Enforcement case preparation staff time - one hour 3 Regional Office Supervisor review — one hour 52_40 Total: $100_53 Date orey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ