NC0058084_Regional Office Historical File Pre 2018 (5)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2328 4419
Return Receipt Requested.
David P Risley, President & CEO
Gough Econ Inc
PO Box 668583
Charlotte, NC 28266
NORTH CAROLINA
Environmental Quality
October 8, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.
and NPDES WW Permit No, NC0058084
Gough Econ Inc
Gough Econ WWTP
Case No, EV-2020-0285
Mecklenburg County
Dear Mr, Risley:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $460.28 ($350.00 civil penalty
+ $110,28 enforcement costs) against Gough Econ Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report.
(DMR) submitted by Gough Econ Inc for the 'month of july 2020, This review has shown the subject :facility to be in
violation ofthe discharge limitations andlor monitoring requirements found in NPDES WW Permit. No. NC0058084. The
violations, which occurred in July 2020, are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Gough Econ Inc violated the terms, conditions or
requirements of NPDES WW Permit No, NC0058084 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. 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 G.S.143-215.1.(a),
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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, I, W. Corey
Basinger, Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against
Gough Econ Inc:
$1.00.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0058084, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen, Ammonia
Total as N) - Concentration
$250.00
$350.00
$110.28
$460.28
1 of 1 violations. of GS.. 143-215.1. (a)(6) and Permit No. NC0058.084, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, AMMOE112
Total (as N) - Concentration
TOTAL CIVIL PENALTY
Enforcetnent Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-2 1.5.6A(c), in determining the amount of the penalty 1 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 ( '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 ofthe 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
(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
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new vialation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-.16.17

Option 2: Submit a written request for remission or mitigationincluding a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed beow 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.:
(I) whether one or more of the civil. penalty .assessment factors in NCGS 1.4313-282.1.(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 (Attie 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 cif 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 inform.ation 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 niutQfllete and submit the enclosed "R.equest for Remission of Civil Penalties_
Waiver of Rient to an. Administrative Hearin and Sti ulation of Facts" form within thirty f'30 da 's of recei t of this
notice. The Division of —ater 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 Carolin.a. 27699-1.617

Option 3: File a petition for an administratve 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 tile 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 8:00a.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 Hearin Is with all uestio-ns e ardin the tilin dor the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as .follows:
6714 Mail Service Center
Raleig,h, NC 27699 6714
Tel. [phone]
Fax: [phone]
One (1) copy ofthe petition must also be served on DPQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27.699- 1601
Please indicate the case number (as found on page one of this Ierter un 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 rnatter 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 as:sessed for violations
thatoccur after the review period of this assessment..
If you have any questions, please contact Wes Be11 with the Division of Water Resources staff of the Mooresville Regional
Office at (704) 235-219.2 or via email at wes,[e-mail].,
Sincerely,
DocuSigned by:
EAsauf/ 1f).4,44
FlelFB434A20841t3
for
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 (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)

Case Number: LV-2020-0285
Assessed Party: Gough Econ Inc
Permit No.: NCOO58084
CAT1ON FOR RE1 T
County: Mecklenburg
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 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.E..G.S. §143B2821(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Pleasecheck 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 documen();
(b) the violator promptly abatedcontinuing, environmental damage resulting from the violation (i,e,, explain the
steps that you took to correct the violation and prevent fidzire 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
COUNTYF MECKLENBURG
EN THEi 9. l""I"1 R OF, ASSESSMENT
F CIVIL PENALTIES AGAINST
Gough Fon Inc
Gough Keen TIC
PERM 1 NO, NC0058084
DEPART IENT CAI F i "Il Ol IvlI'�ilA1 (L:,F
WAIVER OF RIGHTTO AN
MI.IIS`F " ' TININC AND
STIPULATION OF FACTS
CASE NO. I -2020-0285
IT`r''
Having been assessed civil penalties totaling 60 28 for violationfs) as set Forth in the assessment document of the C ivision
of Water Resources dated October rm 8, 2020, 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 unersigned 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 thin) (;) days of receipt of"the notice
cat assessment. No ne ° evidence in support of a remission request wilI e ailoamed after : t)l days from the receipt of the
notice En assessrrrent.
This the day of
SI
tC
I`FLFPHt F'

PER TNO00580
SAGAMI': Gough Egon
T VIC t
ATTACHMENT
Gough Egon Inc
CA E NUMBER: LV-2-5
REGION:"r t vtlt
COUNTY: ecklenburg
SAMPPLOCATION'
Violation Repot/
Date MontEN
Outfall 0 - E u nt
PaParameter
7/2'7120207-2020
Unit of l.lralt Calculated Over
Frequency Measure Value afueltt
Nitrogen, Ammonia
Total (a N)
Concentration
7/ t 12020 7-2020
Nitrogen, Ammonia
Total has N) -
Colleentration
2 X month rng l
2 Xmonth rig 2
t7.92
792
Violation
Type
Daily
Maximum
Exceeded
Penalty
Amount
Monthly
Average
Exceeded
100,0 1
200

DIVISION OF WATERR
Violator: Gough Econ Inc
Facility Name: Gough Econ WWTP
Permit Number: NC0058084
County: Mecklenburg
Case Number: LV-2020-0285
SOURCES -
VIL PENALTY ASSESS
NT
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the pub ic hea1th or 10 private
property resulting from the violation;
None documented. However, the discharge of treated effluent in excess of permit limitations has the potential to
adversely impact natural resources.
2) The duration and gravity of the violation; As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented. However, the discharge of treated effluent in excess of permit limitations has the potential to
adversely impact natural resources.
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; Was not suspected to be willful or intentional.
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-2016-LV-0088 — Fecal Coliform (DMV) — April 2016;
NOV-2016-LV-0563 — Ammonia (MAV) — June 2016;
NOV-2016-LV-0648 — Fecal Colifom (DMV) — August 2016;
NOV-2017-LR-0121 — Late Submittal of May 2017 Monitoring Report;
NOV-2018-LV-0393 — Fecal Coliform (DMV) and Ammonia (MAV) —January 2018:
NOV-2018-LV-0643 — Ammonia (MAV) — May 2018;
NOD-2018-LV-0136 — Ammonia (MAV) — September 2018;
Case #: LV-2019-0042 — Ammonia (MAV) — November 2018;
NOV-2019-LV-0906 — Fecal Coliform (DMV) — October 2019.
8) The cost to the State of the enforcement procedures.
S110.28
10.8.2020
Date
LOoeuSlarred by.,
A 444401 H P44.44
r1181F
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
Division of Water Resources, NCDEQ