NC0085120_Regional Office Historical File Pre 2018 (5)

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INV004001114TAI, CilJAUTY
Certified Mail #7015 1520 0002 6880 3075
Return Receipt Requested
September 01, 2017
Jason Collinsworth
Lowes Home Centers LLC
711 Tomlin Mill Rd
Statesville, NC 28625
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General. Statute (G.S.)143-215.1(a)(6)
and NPDES WW Permit No. NC0085120
Lowes Home Centers LLC
lredell Distribution Center WWTP
Case No. LV-201.7-0265
lredell County
Dear Mr. Collinsworth:
R.OY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
norretor
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $903.29 ($800,00 civil penalty +
$103,29 enforcement costs) against -Lowes Home Centers LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DrvIR) submitted by Lowes Home Centers LLC for the month of April 2017..This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0085120.
The violations, which occurred in April 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Lowes Home Centers LLC violated the temis, conditions or
requirements of NPDES WW Pennit No. NC0085120 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
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 Lowes Home
Centers LLC:
State of North Carolina I Environmental Quality I Water R.esources
610 East Center Avenue,. Suite 30.1, Mooresville, NC 28115
704- '-663 -1699

$100.00 1 of the 1 violations of I43-215.1(a)(6) and Permit No.NC0085120, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for NH3-N - Conc.
$200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0085120, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085120, by discharging aste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
$250.00 I of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085120, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$800.00 TOTAL CIVIL PENALTY
$103.29 Enforcement Costs
$903.29 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions ofLaw 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 of the violation;
(3) The effect on ground or surface water quantity or quality 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:
(I)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option I: 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 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 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 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 143B-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) 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 infomiation that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorouh statement in support of your request for remission.
In order to
uest ission ou must cornplete and submit the enclosed "Reguest for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within da s of recei
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 hearine with the Office of Adminstrative Hearines:
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 regardingthe filing fee and/or the details of the
filing process.
Tlie 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: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
l 601 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 WesiBell with the Division ofWater Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.bellgincd.enr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
Division of Water Resources, 'NCDEQ
A 1 TACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPIDES Compliance/Enforcement Unit Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0265
Assessed Party: Lowes Home Centers LLC
Permit No.: NC0085120
County: Iredell
Amount Assessed: $903.29
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 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
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 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(Le., 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 (i.e., 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF &EDELL
IN 1TIE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
wes Home Centers LLC
Iredell Distribution Center WW IP
PERMIT NO. NC0085120
DEPARTMENT OF ENVLRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE G AND
STIPULATION OF FACTS
CASE NO. LV-2 7-0265
Having been assessed civil penalties totaling $903.29 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 01, 2017, 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 assessment.
This the day of
ADDRESS
SIGNATURE
TELEPHONE

NC0080120
ATTACHMENT A
Lowes Home Centers LLC
CASE NUMBER: IV-2017-0265
Iredell Distribution Center
LIMITVIOLATION(S)
REGION: Mooressil
COUNTY: Irene!!
SAMPLE LOCATION: �utfatl 001 E tient
Violation Report
te MonthlYr
Parameter
Unit of Limit Catgut Over Violation Penalty
Frequency Measure Value Value Umit Type Amount
10000
4/21/201I 4-2017
Nitrogen, Am onia
Total (as N)
Concentration
Weekly
ti 31.50 54 90
4/30/2017 4-2017 Nitrogen, Ammonia
Total (as N) -
Concentration
4/7/2017 4-2017 Solids, Total
Suspended -
Concentration
4/25 017 4-2017 Solids, Total
Suspended -
Concentration
4/30 017
2017 Solids, Total
Suspended -
Concentration
Weekly
eekly
74 2
Daily
Maximum
Ex ded
0 2720 332,0 Monthly
Average
Exceeded
mg/ 45 73 0
Weekly
Weekly
45
30
63 0
Daily
Nlaximurn
Exceeded
$250 00
23 0
Daily
Maximum
Exceeded
45 00 50.1 Monthly
Average
Exceeded
00
$250.00

Water Resources
EPIVIROitIKENTAil. QUALITY,
1 #7015 i520 0002 6880 3037
ipt Requested
August 8, 2017
Jason Collinsworth, Maintenance Manager
Lowes Home Centers LLC
711 Tomlin Mill Road
Statesville, NC 28625
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0535
Permit No. NC0085120
Iredeli Distribution Center WWTP
Iredell County
Dear Mr. Collinsworth:
A review of the April 2017 Discharge Monitoring Report
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Date
D R o
ROY COOPER
Governor
M CHAEL S. REGAN
Serivrary
S. JAY ZIMMERMAN
Dinktor
e subject facility reveaed the violation(s)
Limit Reported
Value Value Type of Violation
001 Effluent Solids, Total Suspended - 4/7/2017 45 73.33 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Nitrogen, Ammonia Total (as 4/21/2017 31.5 54.88 Daily Maximum Exceeded
N) - Concentration (C0610)
Effluent Solids, Total Suspended 4/25/2017 45 55.33 Ealy Maximum Exceeded
Concentration (C0530)
001 Effluent Nitrogen, Ammonia Total (as 4 0/2017 6.3 27.21 Monthiy Average Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 4/30/2017 30 45.04 Monthly Average Exceeded
Concentration (C0530)
State ofNorth Carol na Environmental QualityWater kesourees
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 (S25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirement 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
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 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
704-6.63-1699

R.t.:,:cE0,1F,'Da\'i:CDENR/DWR
Lowes home centers LLC.
711 Tomlin Mill rd.
Statesville NC.28625
Subject: notice of Violation letter.
Permit # NC0085120
iredell Distribution center WWTP
INOF.baS
AMOOf:,1E.!;:liVRA, i'-nTCKINAL Orncl:
To: Corey Basinger
This letter is in response to the non-
compliance of our permit for the month of April.
We are a very small package plant with a good running plant and strive to maintain compliance.
We had an inhouse- washing machine for use in our maintenance utility area this unit was not being
monitored as to the use or the different cleaners used in it.
Along with the use of inhouse anti -bacterial hand soap that were used without our knowledge
throughout the building resulted in an overwhelming decline in the plant's ability to treat as this killed
most of the biologics in the plant.
We have since removed the washer and are only using approved hand soaps.
As for the plant, we had Lentz septic service to come out on two occasions and completely remove all
waste water beginning in APR-13-2017. With 12500 gal removed we had 2000 gal of seed brought
back in in hope of turning the plant around but it did not suffice.
On 5-09-2017 we had the plant completely emptied 29600 gal. and reseeded.
The plant has been doing very well since then and I feel we will not have this type of non-compliance
again.
I completely understand that this letter will not influence the result of the NOV but hopefully will
shed some light on what happened and what we have done to get back the good standing with our
Facility,
Sincerely Yours.
Rocky Everidge ORC.
Phone: [phone] Ext 860
Fax: 704,876,8569

Parameter
Weekly/Daily Viotations
Permit Limit LimitType DMR Value
" ()ling Frequency Vio
Frequency
Values RepQrted
Action
ilr005
(24'5e-93",
Action
# of Violations Action
SupeMsor Rernark
Complete by:
Assistant Regional
Supervisor Sign Off:
RionaI Supervisor Sign
Date:
Date:

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Lowes Home Centers LLC
Facility Name: Iredell Distribution Center WWTP
Permit Number: NC0085120
County: Iredell
Case Number: LV-2017-0265
ASSESSMENT FACTORS
1) The degree and extent o harm to the natural resources of he State, to the public heaith, or to private
property resulting from the violation;
/2.0P-4.
2) The duration and gravity of the violation;
CI I
3) The effect on ground or surface wat
4) The cost of rectifying the damage;
LA-P
A
quantity or quality or on air quality;
5) The amount of money saved by noncompliance;
6 Whether the violation was committed s4illfully orintentionally;
e" 5 -
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
NOD-2017-LV-0059 — Ammonia (daily) violation (January 2017).
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff „$ 34.51
1 hour supervisor time .$ 53.78
Administrative staff 15.00
Total Enforcement Cost $ 103.29
/
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
CA,4114-11-45-4*
45'-‘