NC0031038_Regional Office Historical File Pre 2018 (8)

RCY COOPER
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MICHAEL S. REGAN
Secretary
S. DANIEL SMITH NORTH CAROU A
Envtr�fl
Director
Certified Mail # 7018 309fI 01 2328 4242
Return Receipt Requested
September 1( , 2020
Jeff Titus, Manager Operations
Colonial Pipeline Company
PO Box 87
Paw Creek, NC 281 30-0087
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina. General Statute (G,S.) i43-215 A ()(6)
and NPDES WW Permit No. NC0031038
Colonial Pipeline Company
Charlotte Delivery Facility
Case No, EV-2020-0242
Mecklenburg County
Dear Mr. '1'ittts:
This letter transmits a Notice of Violation and assessment
+ $l 10.28 enforcement costs) against Colonial Pipeline Compa
This assessment is based upon the ft Bowing facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Colonial Pipeline Company for the month of February 2020, 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,
NC0O31038, The violations, which occurred in February. 2020, are summarized in Attachment A to this letter
Based upon the above facts, l conclude as a matter of law that Colonial Pipeline Company violated the terms, conditions
or requirements of NPDES WW Permit No.NC0031038 and G.S. 143-21 5.1(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 ofa pennit required by G.S. 143-215.1(a),
penalty in the ;mount of $910,28 (S800,00 civil penalty
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Based upon the above findings of act and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Qualityand 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
Colonial Pipeline Company:
$1.00.00 1 of 1 violations of G,S, 143-215;1(4)(6) and .Perrnit No. NC0031038, by discharging waste water
into the waters of the State in violation of the Permit Daly Maximum for Solids, Total Suspended
- Concentration
00.00 2 of .2 violations of G.S. 143-21.5.1.(a)(6) and Permit No. NC00310.38, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Turbidity
$500,00 2 of 2 violations of a S. 143-215.1(a)(6) and Permit No. NC0031038, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Solids, Total Suspended
- Concentration
$800.00
$110.28
$910.28
TOTAL CIVIL PENALTY
Enforcement Costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in detennining 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. 14.3B-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,
(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 whichthe Environmental
Management Commission has regulatory authority; and
(8) The cost to the State ofthe enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(I) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
Payment of the penalty will not foreclose further enforcement action for any continuing or new violabon(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 wntten 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. vialation(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 NC.CiS 14.313-282.1.(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 action
please note that all evidence presented in support of your request for remission must be submitted in vvriting. The
Director of the Division of Water Resources will review your evidence and infom) 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 retnission,
1.11 order to request remission, you must complete anubrnit thesubmit enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing; and Sti. ' 'Facts" f m within thirt 0 da.' s of rec :this
notice. The Division of Water Resoursojst&thLy0U complete and subinit !hfllosd Justiflcationfor
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' 699-1617

Option 3: File a petition for an d ative hearing with the Office of Administrativ
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 tiled 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 §1.50B-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 Ad.ministrative j ingswjthuestio.ns r otf the filin f d/or the details f
tiling, process,.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
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 follovvs:
Mr. liam F. Lane. General Counsel
Department of Environmental Quality
1601 v1ai1 Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as .found on page one of this letter) on the petition.
lows:
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.
Ifyou have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at
KFT.ACHMENTS
Sincerely,
DocuSigned by:
Et1+44g4i, P;44.44
- F 181 FE369A2D&C43_,.
for
W. Corev Basinger, Regional Supervisor
Water Quality Regional. Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)

TUS CATION FOR REMISSION REQUEST
Case Number: LV-.2020-02.42
Assessed Party: Colonial Pipeline Company
Permit No.: NC003 1038
County: Mecklenburg
Amount Assessed: 910,28
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver ofRight 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 factuai
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.I.(c), remission of a civil
penalty may be granted only when one or more of the following live 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 promptlyabated continuing environmental damage resulting from the violation 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 unavoidcthle
or
sotnething you could not prevent or prepare lbri;
(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 (2/the civil penalty svill prevent you from perfOrming the activities necessary to achieve
compliancc),.
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OE MECKLENBURG
INT'HE MATTER OF ikSSESSMENT
OF CIVIL PENALTIES AGAINST
Colonial Pipeline Company
Charlotte Delivery Faelliq
PERMITNO. NC0031038
DEPARTMENT OF ENVIRONMENTAL QUALITY
WARIER OF GBP TO AN
ADMINISTRATIVE HEARING .AND
STIPULATION OF FACTS
CASE NO. LV-2020-0212
Having been assessed civil penalties totaling $910.28 for violationts) as set forth in the assessment document of the Division
of Water Resources dated September 112020, the undersigned, desiring to seek remission of the ivi1 penalty, does hereby
save the right to an administrative hearing in the aboveastated matter and does stipulate that the facts are as Mleged in the
assessment document. The undersigmed further understands that ail evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources MIMI thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request IOU be allowed alder (30) days front the receipt of the
notice of assessment.
This the day of , 20
ADDRESS
SIGNATEP
TELEPHONE

PERMIT:338
FACILITY: Chariota
ATTACHMENT
Colonial Pipeline Company
CASE NUMBER: LV-20 0-02 2
LIMIT"I S
SA PLE LOCATION:
Violation
Date
C 1,007 Effluent
Report
Mnthr Para
2/29/2020 2-2020
2/19 2020 2-2020
e
Solids., Total
Suspended
Concentration
Turbidity
SAMPLE LOCATION: UutfalI 009 - E pent
Violate n
Date
2fl 19/2020
2120i2020
211912020
Report
ntl/Yr Parameter
2-2020 Salida Total
Suspended
Concentration
2-2020 Solids, Total
Suspended-
:cnc ntrat on
2-2020 Turbidity
poresville
COUNTY: ecklenburg
Unit of Uit Calculated
gummy MeasureValue
ly rngl
Ma My
30
50
Violation
Type
Monthly
Average
Exceeded
a0.0 Daily
Maximum
Exceeded
Penalty
Amount
$250.00
100.00'
Unit of Caluula % Over Violation Penalty
Frequency Measure e Limit Type Amount
Monthly g/1 45 110 144,4 Daily
Maximum
Exceeded
Monthly mug
MontMy ntu
55 53.3 Monthly
Average
Exceeded
33
50 170 240.0 Daily
Mammum
Exceeded
$100, 00
$250.00
100.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Colonial Pipeline Company.
Facility Name; Charlotte Delivery Facility
Permit Number: NC00310.38
County: Mecklenburg
Case Number: LV-2020-0242
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;
None documented, However, the discharge oftreafeci wastewater in excess ferini1 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 oftrcated wastewater in excess of permit limitations has the potential to
adversely impact surfacewaters,
4) The cost of rectifying the damage;
(/nknown.
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
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-2015-LV-0154 — TSS (AM) — August 2015;
Case LV-2016-0081 — Benzene (DMV) & Toluene (MTV) — November 2015;
NOD-2018-LV-0096 — Turbidity (DMV) — March 2018;
NOV-2020-LV-0016 — Turbidity (DAM) — .November 2019;
Case 0 LV-2020-0099 TSS (DMV& 4AP) & Turbidity (DMVs) — December 2019..
8) The cost to the State of the enforcement procedures.
311028
9.10.2020
ate
L'eusign"
A•41,40, H P44.44
F161F669A20C4A3_
f o r
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations, Section
Mooresville Regional Office
Division of Water Resources, NCDEQ