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HomeMy WebLinkAboutNC0028606_Regional Office Historical File Pre 2018 (4)Water Resources ENVNrlNfA QUAUTY Certified Mail #7016 1370 0000 2595 7825 Return Receipt Requested February 06, 2018 'Travis Chrisawn NC FXXIT "'r' Environmental Operations PO Box 250 North Wilkesboro, NC 28659-0250 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute ((i.S.)143-215,1(a)(6) and NPDES WW Permit No. NC0028606 NC DOT Division 11 1-77 Rest Area Iredell County Case No. EV-201.8-0025 Iredell County Dear Mr. Chrisawn: "This letter transmits a Notice of Violation and assessment of civil penalty in the amoun + $1.0129 enforcement costs) against NC DOT .Division 11. ROY COOPER Governor MICHAELS REGAN Secroan LLNDA CULPEPPER interim Dinctor ,603.29 civilpenalty This assessment is based upon the 'following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by:NC DOT Division 11 for the month of September 201.7, This review has shown the subject. facility to he in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No: NC0028606. "The violations, which occurred in September 2017, are summarized in Attachment A to this letter, Based upon the above facts, 1 conclude as a matter of law that NC Dar Division 1 violated the terms, conditions or requirements of NPDES WW Permit No. NC0028606 and G.S. 1.43-21.5.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 1.43-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a 'permit required by (s.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 of the t)epartment 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 NC DOT Division 11: State or North Carolina { Environmental Quality 1 Water Resources 610 East Center Avenue., Suite 301 Mooresville, NC 28115 '70,1,,663-1699 $300.00 2 of the 2 violations of 143-215. a)(6) and Permit No.NC0028606.; by discharging waste water into the waters. of the State in violation of the Permit Daily Maximum for Bop - Conc. $150..00 1 of the 1 violations of 1.43-21.5.1.(a)(6) and Permit No.NC0028606, by discharging waste water into the waters ofthe State in violation of the Permit Daily Maximum for FCOLI $300.00 2 of the 2 violations of 143-21.5,1(a)(6) and Permit No.NC0028606, by discharging waste water into the waters of the State in violation of the 'Pemiit Daily 'Maximum for TSS - Conc. $175.00 „1 of the 1 violations of 143-2 1.5.1(a)(6) and Permit No.NC0028606, by discharging waste water into the waters of the State in violation of the Pemnt Monthly Average for BO.D - Conc. $375.00 1 of the 1 violations of 143-215,1(a)(6) and Permit No.NC0028606, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $1,500.00 TOTAL CIVIL PENALTY $103.29 Enforcement Costs $_1,603.29 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account th.e Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) Thedegree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The durationand gravity .of the violation; (3) itie effect- on ground or surface water quantity or qua or on air quality; (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 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 (30) days of receipt of this notice, .you must do one of the following: (1) Submit -payment of the penalty, OR. Submit a written request for remission, OR. 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 form), Payment of the penalty will not foreclose further enforcement action for any continuing or new .violatio.n(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Prir Option 2: Submita vritten 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 ofan ,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 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 'NCGS 1.43B-282,1(b) was wrongfully 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) vdiether 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 he submitted in writing.. The Director of the Di:vision 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 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 request remission. you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. "Fhe Division of Water Resources also requests that you complete aticl submit the enclosed "justification for Remission Request." Both forms should be submitted to the following address: 'Wastewater Branch Division of Water Resources I.617 Mail Service Center R.aleigh, 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 hetween 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-232) 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 ,Adrninistrative'Hearings with all questions regarding the filing fee and/or the details of the fi I ing_process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel (919) 431-3000 Fax: (919) 431-3100 Onc ( 1 ) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 dateltime 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. ou, have any questions, please contact \ Bell with the Division Office at (704) 235-2192 or via email at wes.bell(k.nedenr.gov. Sincerely, Resources staff of the Mooresville Regional W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, 'NCDFQ ATTACHMENTES Cc: WQS Mooresville Regional Office - Enforcement File NPDES CompliancelEnforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REOUEST Case Number: LV-2018-0025 Assessed Party: NC DOT Division 11 Permit No.: NC0028606 County: lredell Amount Assessed: j,6O329 3 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 ()Pacts" 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 Iirnited 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 he granted only when one or more (Attie 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. .43B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment actors 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 preventlitture occurrences); (c) theviolation was inadvertent or a result of an accident explain why the violation was unwoidah1e 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 (i.e.. explain how payment of the civil penult)/ will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: fi OF NOR fil CAROI I A t N EY OE IREDELL I Ni `I I-11 MATTER O F ASSESSN1 N'I E° CIVIL IL PENAL `'I 1 A(AIN f' NC DOT Division sio 11 1-77 Rest Area lredell Coun 11 E NO NC0028606 DEPA TMLN°f OF a VI 1. N r1 N'IryAI, QI °:ATY OF I T TO AN ADMINIST a T ri AND STIPULATION F FACTS CAS NO. F- 01 - 0 5 a ng peen assessed ci vilpenalties totaling1 t 0 ,2 f +r °�c,� ti a a t 1 orth in the . s ssni nt d eu per t cif a , Division of Water Resources dated Fehruary 06, 2018, the under pied, desir ig to seek rem issi t f the C it penalty, does hereby waive the right to an administrative hearing in the abos e-stated chatter and does stipulate that the facts are as alle „ed in the assessment document. The undersigned further understands that all evidence presented in support of sion of this civil penalty. must be submitted to the Director of the Division of Water Resources within thirty (30) days ceipt of the notice of assessment. No new evidence in support ofa remission request will lie allowed after (30) days from the receipt of the notice of assessment, day of & I RESS E.P1 ICINE . SI 1.rRE PERMIT: NC0028606 FACILITY: I-1 Rest Area Irode IT VIOLATIONS) SAMPLE LOCATION: County utfall001 - Effluent Violation Report Date onth/Yr Parameter 3/20 61 9-2017 BOO, 5-Day (20 Deg. - Concentration 9/27/2017 ATTACHMENT A NC O Division 11 CASE NUMBER: LV-2018-0025 REGION: Mooresville Iredell Unit of rrnit calculated Frequency Measure Value Value Weekly mg/I 45 180 300.0 Over ..2017 BOD, 5-Day 20 Deg, Weekly C) - Concentration 9/3 /2917 9-2017 BOD, 5-Day (20 leg. Weekly Cl - Concentration 9/27/2017 9-2017 Coliform., Fecal ME, MEC Broth 5 C 9/1 201 / 9 2017 Solids, Total Suspended- Concentration 9127/2617 9-2017 Daily Maximum Exceeded 45 120 166.7 Daily Maximum Exceeded glt 30 84 180.0 Monthly Average Exceeded Weekly ll 00ml 400 1,100 mg/l men Weekly Solids, Total Weekly Suspended- Concentration solids, Total Suspended m Concentration 9/30/2017 9-2017 Weekly rg/t 45 45 30 12Q 62.25 107 5 175.0 Daily Maximum Exceeded 66.7 Daily Maximum Exceeded Violation Penalty Type Amount 15000 150,00 375.00 150.00 150 00 �5.6 Daily 8150.90 Maximum Exceeded 00 Monthly Average Exceeded DMR REVIEW RECORD Mooresville 'Regional Office Facility Name: I-77 Rest Area Iredell County Permit Ntttrtber: NC0028606 Report Period: September 2017 Prior Assessments: Enforcement Factor: 1.50 Outfall Description Watertociv Name Waterbody Classification 001 Effluent to Camel Branch Camel Branch C Monthly Average Limit Violations Sample Lo n: Outfall 001 - Effluent Violation Date Parameter 9/30/2017 mm BOD, 5-Day (20 Deg. C) - Concentration Unit of Limit Calculated % Over Frequency Measure Value Value Limit Weekly mg/1 30 84 180.0 Action" 9/30/2017 Solids, Total Suspended Concentration Weekly 30 62,30 107.5 Daily Limit Violations Sample Locat Violation Date Parameter Outfall 001 - Effluent Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 9/13/2017 BOD, 5-Day (20 Concentration Weekly mg/1 45 180 300. 9/27/2017 BOD, 5-Day (20 Deg. C) - Concentration Weekly mg/l 45 120 166.7 9/27 017 Coliform, Fecal MF, MFC Broth, 44.5 C Weekly #/100m1 400 1100 175.0 9/13/2017 Solids, Total Suspended - Concentration Weekly mg/I 45 120 166.7 9/27/2017 Solids„ Total Suspended - Concentration Weekly mg/I 45 88 95.6 Page 1 of 4 Completed by: As s Cant Regional upesisor Sign -off: : ,egiunal Supervisor Sign -off: irate: Page 2 of 4 Prior 12-Month Enforcement History Permit Number: NC0028606 Limit Violation Report Period: September 2017 Sample Location; 0utfal! 001 - Efftuen Violation Report Date Period Param Violation Type NOD NOV CPA 11/1/2016 11-2016 Coliform, Fecal MF, MFC Broth, 44.5 C Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 11/8/2016 11-2016 BOD, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 1111712016 11-2016 BOD, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 11/17/2016 11-2016 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 11/22/2016 11-2016 Coliform, Fecal MF, MFC Broth,, 44,5 C Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 11/30/2016 11-2016 BOO, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 11/30/2016 11-2016 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0154 LV-2017-0087 11130/2016 11-2016 8OD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2017-LV-0'154 LV-2017-0087 11l30/2016 11-2016 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2017-LV-0154 LV-2017-0087 1/11/2017 1-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0391 LV-2017-0165 017 1-2017 Coliform, Fecal MF, MFC Broth, 44,5 C Daily Maximum Exceeded NOV-2017-LV-0391 LV-2017-0165 1/31/2017 1-2017 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2017-LV-0391 LV-2017-0165 12/7/2016 12-2016 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0244 LV-2017-0154 12/14/2016 12-2016 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0244 LV-2017-0154 12/31/2016 12-2016 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2017-LV-0244 LV-2017-0154 3/1/2017 3-2017 Colifomn, Fecal MF, MFC Broth, 44,5 C Daily Maximum Exceeded NOV-2017-LV-0488 LV-2017-0242 3/15/2017 3-2017 Coliform, Fecal MF, MFC Broth, 44.5 C Daily Maximum Exceeded NOV-2017-LV-0488 LV-2017-0242 3/22/2017 3-2017 BOD, 5-Day (20 Deg, C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0488 LV-2017-0242 Page 3 of 4 Limit Violation Sample Location: Outtall 001 Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 4/20/2017 4-2017 Nitrogen, Ammonia Total (as N) - Concentration Daily Maximum Exceeded NOV-2017-LV-0534 LV-2017-0264 4/25/2017 4-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0534 LV-2017-0264 5/18/2017 5-2017 BOO, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0602 LV-2017-0279 5/18/2017 5-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0602 LV-2017-0279 5/24/2017 5-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0602 LV-2017-0279 5/31/2017 5-2017 Coliform, Fecal MF, MFC Broth, 44.5 C Daily Maximum Exceeded NOV-2017-LV-0602 LV-2017-0279 5/31/2017 5-2017 BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2017-LV-0602 LV-2017-0279 5/31/2017 5-2017 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2017-LV-0602 LV-2017-0279 8/2/2017 8-2017 BOD, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0807 LV-2018-000 8/2/2017 8-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0807 LV-2018-0001 8/24/2017 8-2017 BOD, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0807 LV-2018-0001 8/24/2017 8-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0807 LV-2018-0001 8/30/2017 8-2017 BOD, 5-Day (20 Deg, C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0807 LV-2018-0001 8/30/2017 8-2017 Solids, Total Suspended - Concentration Daily Maximum Exceeded NOV-2017-LV-0807 LV-2018-0001 8/31/2017 8-2017 BOD, 5-Day (20 Deg, C) - Concentration Monthly Average Exceeded NOV-2017-LV-0807 LV-2018-0001 8/31/2017 8-2017 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2017-LV-0807 LV-2018-0001 9/21/2016 9-2016 BOD, 5-Day (20 Deg. C) - Concentration Daily Maximum Exceeded NOV-2017-LV-0018 LV-2017-0053 9/30/2016 9-2016 BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2017-LV-0018 LV-2017-0053 Page At of 4 Water Resources BNMINTAt QUALM Certified Mail #7015 1520 0002 6880 3549 Return Receipt Recwested January 11, 2018 Jason Joyce NC DOT — Environmental Operations PO Box 250 North Wilkesboro, NC 28659-0250 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0040 Permit No. NC0028606 1-77 Rest Area Iredell County Iredell County Dear Mr. Joyce: C A S. REGAN Sa INDA CULPEPPER hsterimDfrector A review of the September 2017 Discharge Monitoring Report (DMR) for the subject facili violation(s) indicated below: Limit Exceedance Vi©Iation(s): Sample Location Parameter ev aled the Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - Concentration (C0310) 9/13/2017 45 180 Daily Maximum Exceeded 001 Effluent 001 Effluent Solids, Total Suspended - 9/13/2017 45 120 Daily Maximum Exceeded Concentration (C0530) BOD, 5-Day (20 Deg. C) - Concentration (C0310) 9/27/2017 45 120 Daily Maximum 001 Effluent Colif©rm, Fecal MF, MFC Broth, 9/27/2017 44.5 C (31616) 1,100 Daily Maximum Exceeded 001 Effluent Solids, Total Suspended - Concentration (C0530) 9/27/2017 45 88 Daily Maximum Exceeded 001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2017 30 84 Monthly Average Exceeded Concentration (C0310) 001 Effluent Solids, Total Suspended - 9/30/2017 30 62.25 Monthly Average Exceeded Concentration (C0530) State of North Carolina I Environmental Quality j Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 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) business 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 prepa red. 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 including 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, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 N OF WATER RESOURCES - CIV PENALTY ASSESSMENT Violator: NC DOT Division 11. Facility Name: 1-77 Rest Area Iredell County Permit Number: NC0028606 County: Iredell Case Number: LV-2018-0025 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; i1 r ©rfi '- -7 2) The duration and gravity of the violation; N ' x-c.ie...-...-w.J ,4 3) The effect on ground or surface water quantity or quality or on air qua 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; e 6) Whether the violation ryas committed or intentionally; !.tart,,, Fir`_ 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Ma i agement Commission has regulatory authority; and Case #: LV-2013-0227 - TSS (daily and monthly) and BOD (daily and monthly) violations (July 2013); Case #: LV-2014-0044 - Fecal Coliform (daily) and TSS (daily) violations (November 2013); NOV-2014-LM-0022 - TSS (daily and monthly) and BOD (daily and monthly) violations, quarterly :rota Total Phosphorus monitoring violations (March 2014); NOV-2015-LM-0011 - BOD violation (daily) and BOD and temperature monitoring v NOV-2015-LM-0010 - Fecal Coliform (daily) violation and Fecal Coliform monitorin NOV-2015-LR-0011. -1, Case #: LV-2015-0160 - Case #: LV-2015-0167 - Case #: LV-2015-0170 -- Case #: LV-2015-0176 - Case #: LV-2015-0178 - Case #: LV-2016-0008 -- ,ate DMR Reporting (November 2014); TSS (daily and monthly) and BOD (daily) violations (May 2014); TSS (daily and monthly) and BOD (daily and monthly) violations TSS (daily), BOD (daily), and pH violations (July 2014); TSS (daily and monthly) and BOD (daily and monthly) violations TSS (daily and monthly) and BOD (daily and monthly) violations BOD (daily and monthly) violations (August 2015); 1 Nitrogen and lations (April 2014); violation (November 2014); 2014); ugust :014); September 2014); NOV-2015-LV-0768 - Case #: LV-2016-0091 NOV-2016-LV-0307 - Case #: LV-2016-0205 Case #: LM-2016-0027 (June 2016); Case #: LV-2016-0242 NOV-201.6-LV-0650 - Case #: LV-2017-0053 Case #: LV-2017-0087 (November 2016); Case #: LV-2017-0154 Case #: LV-2017-01.65 Case #: LV-201.7-0242 Case #: LV-2017-0264 Case #: LV-2017-0279 (May 2017). Case #: LV-2018-0001 Fecal Coliform (daily) violation (September 2015); -'1 SS (daily and monthly) violations (December 2015); TSS (daily) violation (January 2016); - TSS (daily), BOD (daily and monthly), and Fecal Coliform (daily) violations 'May 2016); - BOD (daily) violation and quarterly Total Nitrogen and Total Phosphorus monitoring viola - BOD (daily and monthly) violations (July 2016); Fecal Coliform (daily) violation (August 2016); - BOD (daily and monthly) violations (September 2016); - BOD (daily and monthly), TSS (daily and monthly), and Fecal Coliform (daily) violations - "TSS (daily and monthly) violations (December 2016); - TSS (daily and monthly) and Fecal Coliform (daily) violations (January 201.7); - BOD (daily) and Fecal Colifonn (daily) violations (March- 2017). -'1-SS (daily) and Ammonia (daily) violations (April 2017). - BOD (daily and monthly), TSS (daily and monthly), and Fecal Coliform (daily) violations - BOD (daily and monthly) and "I`SS (daily and monthly) violations (August 2017). 8) The cost to the State of the enforcement procedures. Date y llasiat,er, Regional Supervisor Wales Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ