NC0037371_Regional Office Historical File Pre 2018 (3)

ROY COOPER
MICHAEL 5. REGA.N
1,7c rrf Cir o°
S. DANIEL SMITH
Certified Mail #701.8 0 60 0002 2099 2045
Return. Receipt Requested
Danny Bustle, Director of Maintenance
lredell-Statesville Schools
350 Old Murdock Rd
Troutman, NC 28166
SUBJECT:
Dear 14'lr. Bustl
NORTH CAROLINA
Environmental Quality
February 04, 2020
Notice of Violation and Assessment of Civil Penalty
fray Violations of North Carolina General Statute (G.S,) 1.43 215:f(a)((il
and NPDE S WW Permit No. NC0037371
lredell-Statesville Schools
North lredell High School
Case No, LV-2020-0053
Iredell County
This letter transmits a Notice of Viol.
and assessment otct°v'wl pena
S1 10.28 enforcement costs) againsredell-Statesville Schools.
t of $460..28 (5350.00 civil penalty
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by lredell-Statesville Schools for the month of November 2019. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements tound in NPDBS WW Permit No.
NC0037371. The violations, which occurred in November 2019, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that lredell-Statesville Schools violated the terms, conditions
or requirements of NPDP:S 1V W Permit No. NC0037371 and G.S. 143-21.5. i(a)(6) in the manner and extent shown in.
Attachment A. In accordance with the maximums established by G.S. 143-2l 5.6, A(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. l(a).

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W, Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
Iredell-Statesville Schools:
$100,00 I_ of 1 violations of G,S, 1.43-215.1(06) and Permit No. NC0037371, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended
Concentration
$250,00 1 of 1 violations of GS. 143-215.1(a and Permit No. NC0037371, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Solids, Total
Suspended - Concentration
$350.00 TOTAL CIVIL PENALTY
$110.28 Enforcement Costs
$460.28 TOTAL AMOUNT DUE
Pursuant to (J.S. 143-21.5.6A(c), in determining the amount of the 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(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;
(2) The duration and gravity (Attie violation;
(3) The effect on ground or surface water quantity or quality or on air qual.ity;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in coinplying or 'failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State oft„he enforcement procedures.
Within thirty (30) days of receipt of this notiee,you must do one of the .following:
(1) Submit payment of the penalty, OR
(2) 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
tbrrn), 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

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 live factors fisted 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 bearing,
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 determining whether a remission request will be approved, the following factors shall he considered:
(1) whether one or more of the civil penalty assessment factors in 'NCGS 143B-282.1(b) was wrongfidly
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 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 infbrm you of his decision in the matter of
your remission request. The response will provide details regarding the ease 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 he 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 remissiorkyou rutist complete and submit the enclosed "Request for Remission of Civil Penalties,,
Waiver of Rkht to an Administrative Hearing, and Stipulation of Facts" form within thirty. (30) kys 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 2'7699-16 -17

n 3:
vith the Office of Atlrniriistrative,Hea s:
if you wish to contest any statement in the attached assessment d.ocument you most 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 Administra,tive 'Hearings within thirty (30) days of receipt of this notice. A. petition is considered tiled
when it is received in the ()ft:ice of Administrative Hearings during normal office hours. The Office of .Ad.ministrative
Hearings accepts filings Monday through Friday between the hours of 800 a.111, and 5:00 pan., except for official state
holidays, The petition may he filed by facsimile (fax) or electronic mail by an attached tile (with restrictions) - provided
the signedoriginal, one (1) copy and a filing fee (if a filing fee is required by NC.GS § I50B-23.2) is received in the
Office of Administrative Flearings 'Within seven (7) business days following the faxed or electronic transmission, Yon
.should contact the Office of Administrative Flearints with all question,s regarding the tilingfee andlor the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Adainis. 7Z1
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (I) copy of the petition must also he served on DEQ as follows:
Mr. Williain F. 1..„ane, General Counsel
Department of Environmental Quality
160'1 SerVice Center
Raleigh, 'North Carolina 27699-1601
ease indicate the case number (as found on page one of this )etter) .
hearings are as follows:
FaillITC 0 exercise one of the options a.bove within thirty (30) days of receipt of this letter, as evidenced 'hy a . internal
dateitime 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 '\ Bell with the Division of Water .Resources staff of the NI resville Regional
Office .at (704) 23,5-2.192 or via email at wes,belEdThcdenr.gov,
Sincerely:,
DocuSigned by:
A14CC681AF27425„,
W. Corey 'Basiner, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water 'Resources,. NC DEQ
ATTACHM ENTI'S
Cc: \VQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit Enforcement File (1.,,aserfiche)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0053
Assessed Party: Iredell-Statesville Schools
Permit No.: NC003737
County: lredell
Amount Assessed: $460.28
Please use this 'form when requesting remission of this civil penalty% You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation qf 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
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„Ci.S. § l43.B-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),
one or more of the civil penalty assessment factors in N,C,G,S, 143B-282, l(b) were wrongfully applied to the
detriment of the 'petitioner (the cis.sessmentetors are listed in the civil penalty assessment document);
(b) the violator promptly, abated continuing environmental damage resulting from the violation (le,, explainthe
steps that you took to correct the violation and prevent future occurrences);
tc) the violation was inadvertent or a result of an accident explain why the violation was 'unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties tor any previous violations;
(e) payment of the civil penalty will 'prevent payment for the remaining necessary remedial aLti0n 0 0 explain
how, payment orthe civil penalty will prevent you,from pertOrming the itctivities necessary to achieve
compliance),
EXPLANATION:

TF NOR T
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Schools
School
0037
Having beet a ,t' ea1 civil penalties
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the right tsan adania istrative heart
tent document. The trndersienett
t he srahraaittc a1 tcs the .C)it'
pens.;
v 1 Wassest,rraerat, ' t
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Ibis
'AIVER OF RIGHT TO AN
PI -1.,ATION OF FACTS
C. SF NO. 02 0t1
$460.28 T. vlttlatn(st se.t ti rth in utar tat ttf tkae l_ iwison
undersign th of th eis°ilpenalty, does.] Lr h}
e above -stated matter r'*rrd tilt s siil trlate tktaL as alleged in the
nder° t<.0ds that all evsden1 e pre sCrated in support ca1'renaissien of ibis
`the Division of '°"titer° Resources within hirt 1 30) days 1 1 receipt € the notice
rernlssia at r gu1 be allowed after t=i0;t days from the r°e0eipt of the
SIGNA T 1.,RF
RESS
20

PERMIT: 7371
FACILITY: North Irdll High School
SIT VIOLATION(S)
ATTACHMENT T
Iredell-Statessille Schools
CASE N IN-2020-0053
SAMPLE LOCATION: Outfall 001- Effluent
Violation Report
Date MonthlYr Para
11019 1-2019 Soiids Total
Suspended
Concentration
i30/2019 11-2019 Solids; Total
Suspended h
oncentration
REGION:or s Ile
COUNTY: lr dell
Unit of tlnwlt Calculated %Over Violation
Frequency Measure Value Value Limit
Wkiy
Weekly
mdli
45 255
mgll
4r.
30 55.01 3 4
Type
Daily
Maximum
Exceeded
Monthly
Average
Exceeded
usir
Penalty
Amount
100 00
$250 0

Ce +k'd t�+leil #7016 1370 0000 2595 8242
ipt Requested
January 8, 2020
Danny Bustle, Director of Maintenance
Iredell-Statesville Schools
350 Old Murdock Rd
Troutman, NC 28166
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0015
Permit No. NC0037371
North Iredell High School
Iredell County
Dear Mr. Bustle:
A review of the November 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedancrg Vialation(s):
Sample
Location Pararneteer
Limit Reported
Date Value Value Type of Violation
001 Effluent Solids, Total Suspended -
Concentradon (C0530)
/2019 45 258 Daily Maximum Exceeded
001 Effluent Solids, Total Suspended - 11./30/2019 30 55.01 Monthly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) b siness days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility induding limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
Dom'Signed by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
WQS Mooresville Regional Office - Enforcement File (Laser -fiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
OK,

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re.;trootins and backer r ni m G c Gd a

We bckie ° that the issue has been taken serictu
that l tttaatter. The errors that Ied to this taeidet
optimal procedure, and to r °coidl any future dui
compliance with re tt'f rth by the t i
our eoperttcan and an on these matters be take
proceeding with unbar ent.
Stec e Sharpe,
lredell- rates the hools
Da Strum,
Den lturdoel,ltav
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Ink
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1
a treat art neeessai
been ranted is
It i always our goal t t
aI'iv'atr Resource.. I
tetra ac etaunt by the Dial{
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DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Iredell7Statesville Schools
Facility Name: North Iredell High School
Permit Number: NC0037371
County: Iredell
Case Number: LV-2020-0053
ASSESSMENT FACTORS
I) 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;
Now documented, However, the disiAlargc of treated clflucnt in excess ot permit limitations has the •
to adversely dripact •riaturti I resources.
2) The duration and gravity of the violation;
410,1nnelocd n,AuA.
3) The effect on ground or surface water quantity or quality or on air quality;
One flOCUIntlfiCIL 1141$1tVlet, the tl ich rgt o treated effluent in excess of permit limitations has the potential
atherscl> Unpaid (-Wm al resources,
4) The cost of rectifying the damage;
I HV13
5) The amount of money saved by noncompliance;
t ai known
6) Whether the violation was committed willfully or intentionally;
Ifolotfmr
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
NO V-2018-11'--0038 - Fecal Colifixin (2) DM Vs --- September 201'7:
NO V-20.18-LV-0,110 - Fecal ColifOrm DM V- October 2017,-
AT011-20.18-11/-0584 - Fecal Col /form DMV - March 2018:
NOV-2018-1V-0641 TSS DUI/ - April 2018;
NOD-2018-1,17-0.135 - Fecal ColifOrm DMV - September 20.18;
NOD-2019-1V-0168 - Total Residual Chlorine DMV- February 2019;
NTOD- 2 0 19-L1/-0092 -- Total Residual Chlorine DAIV -April 2019;
NOD-2019-LV-0114 - Tatal Residual Chlorine DiVIV - May 20.19:
NOV-2019-LVI-0581 715S DMV & MA V and Fecal Colifiin-in DNB/ - June 2019;
NOV-20.19-LV-0637 -- Fecal ColifOrm DMV -July 2019;
NO V-2019-1_ V-0848 - Fecal Colt:film Will- September 20,19.
8) The cost to the State of the enforcement procedures.
S110.28 2/4/2020
Date
Enforcement Cost;
1 hour staff time,
1 hour supervisor time_
Administrative staff cost
„. —
Total Enforcement Cost
DocuSigned by:
A14CC681AF2 42 „.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
$ 3619 Aboresville Regional Office
59,09 Division of Water Resources, NCDEQ
15,00
S 110.28