NC0058084_Regional Office Historical File Pre 2018 (6)

ROY COOPER
MICHAEL S, REGAN
sac tartar
LINDA CULPEPPER
threat.,
Certified Mail #7016 1370 0000 2591 1902
Return Receipt Requested
David P Risley, President & CEO
Gough Icon Inc
PC) Box 668583
Charlotte, NC 28260
NORTH CAROLINA
Environmental Quality
February 21„ 2019
SUB,IECT: Notice of Violation and Assessment. of Civil Penalty
for Violations of North Carolina. General Statute (G.S.) 143-215.10.0)
and NPDES WW Permit No. NC0058084
Gough F COI) Inc
Gough Econ WW1 P
Case No, liV-2019-0042
Mecklenburg County
Dear Mr, Risley:
'Fhis letter transmits a Notice of Violation and assessment of civil penalty in the amount of 361,3 250.00 civil penalty.
$111,38 enforcement costs) against Gough Econ
'1- his 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 November 2018. 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, NC0058084.
The violations, which occurred in November 201.8. are summarized in ,Attachment A to this letter,
Based upon the above facts. 1 conclude as a matter of law that Gough Fcon 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
AttachmenTA. In accordance with the maximums established by G.S.143-215,6A0)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by (LS,
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 1.Fwironmental 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
Gough Econ
$2.50.00 I of 1 violations of (,.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 ;Monthly,' Average for Nitrogen.,„Ammonia
Total (as N) Concentration
$250,00 TOTAL CIVIL PENALTY
S111.38 Enforcement Costs
$361.38 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 of Law and the factors set forth at GS., 14313-282.1(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 NV at e r quantity or quality or on air quality;
(4) 'fhe cost of rectifying the damage.,
(5) The amount of money saved. by noncompliance,
(6) Whether the violation was committed Will fill ly or intentionally;
(7) '1The prior record of the violator in complying or failing to comply with programs over which the Environmental
Nianagement 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 fo.
(1) Submit pa ment 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 Environme.ntal Quality (do not include waiver
'Ortn) Payment of the penalty will not foreclose .further enforcement action for any continuing or new violation(s).
Please submit payrnent to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27694-1617

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 he 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 NC( 14313-282.1(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. "file
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 (( ommittee). Please be advised. that the Committee cannot consider information that kvas 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 our request tOr remission.
In order to request remissionAou must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrativellearin a dS' 30 days of receipt of this
notice. The Division of Water Resources also requests that 011 complete andsqhnhitjfle enclosed "Justification to
RemissionReQuest.'
_
Both Corms should he 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 hearinu with the Office of Administrative Hearinas:
If you wish to contest tilly 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 h.ours. 'Fhe 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 §.150.B-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 regarding the filing fee andlor the detailsdik ol the_
filing process..
`Fhe mailing address and telcphone and fax numbers .for the Office of Adrninktra1ie Iearings are as follows:
One (
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
be served on DEQ as follows:
'Mr. William F. Lane, General COUnSei
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 1(.1ter) 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 Wes Bell with the Division of Water Resources staff c.)f the Mooresville Ue Regional
Office at [phone] or via email at Wes,belit:i:Ocdenrgov.
Sincerely,
DocuSigned by:
A14CC681AF27425.,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATI A CH MEN FS
Cc: WQS Mooresville Regional Office - Enforcement File (Easerficl
NPDES Compliance/Enforcement Unit - Enforcement 1ile (Laserfiche)

Case Number:
Assessed Party:
Permit No.:
IA-2019-01}W2
(ioctgla Econ Inc
NC"008084
FICAT"1 w3i FOR REMISSION REQUEST
County:
Amount Assessed: $ 361.38
Please use this form when requesit l e.nalty'. 'ou rt2ust ttlso complete tf e "e" equest fr"c Rernr
I1' iiv r Right to an Administrative fe: at°itz , c nc1 Stipulation rr)`dicarts fc ttat to rc uest remission ofthis c-i ='il penalty.
You should attach. anv documents that you believe support your request and are necessary for the Director to c
evaluating your request for remiss' rt. Please i s a are. that a request for remission is limited to consideration of th
factors listed below as they may relate to the reasonableness of the amount of the civil penalty as Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy o anyr cry the factual
ofacivil
penalty may he granted only when one or more of the following fi e 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),
statements contained in the civil penalty assessment document.
Pursuant to N.C.G,S. § 143B-282.1(c),
(a;) one or more of the civil penalty assessn ent'4`aactt rs in N�.C.(i,S. 143k-282.I(b) y-ere wrongfullyapplied to the
detriment of the petitioner (the assessment
'd in the civil penalty a,..
promptly abated continuing environmental damage resulting from the viol
:he
he s caf rtrcrn was '-advertent or a result
something:, v a could,got prevent or prepare
FXPL.ANA`1'ION:
rl pre Vela. f i
had not been assessed civil penalties for any previous violations:
1 document):
penalty payment for the remaining necessary remedial actions ta.c.,„ e.rpitain
penaltyrrilliarerrcrrt onJic

...STATE 01i" 0R'I H
ROI ANA
tllO ; °R OF rMECKLENBURG
IHP hdrr
`Iv It, PLNAI;"
Gough h Earn Inc
Gough Earn WWT1
lrvRT Nil" 1)F I NV IRONdlI'I? I AL Qi JAI Y
EN°I WAIVER OF RICHT TO AN
GAINS r ) ADM INIST A'FIVL HEARING AND
STIPULATION OE FACTS
PERMIT NG. NCO0h8tt'I-1
ivil
n
The t
of asse sn ent. No ne v e
L been assess,
we the right to ar
sstttentdoctrine'
alai° rttcrst be wrrlr
E NO. L4- I i9-0042
361,3 for vir IticrnC"s sit trrth in tl
undersi, ned. dersirin tc scek retort
-tive hearing In the above -stated matter r• and does stlpul t
:d further understands that all evidence presented
of Water Resources
upport c>f r-rcznissic n r'egtt
ris the
lees°ed of
scssrttent dnr.etntent oftlie Division
civil penal't)°, does hereby-
facts are as alleged in the
n suppor'this civil
(30) days of receipt rsf the ttc Lice
30) days from the receipt of'th
SI iNA 1`ItRF:

PERMIT: NC0058084
FACILITY: Gough Boon INWTP
LIMIT VIOLATIONS)
ATTACHMENT A
Gough Econ Inc
CASE NUMBER: LV-2019-0042
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date MonthlYr Parameter
11130/2018 11-2018 Nitrogen, Ammonia
TotaV (as N)
Concentration
Unit of Limit
Frequency Measure Value
2 X month mg e 4
REGION: Mooresville
COUNTY: Mecklenburg
Calculated % Over Violation
Type
Value Limit
5 32
33 0
Monthly
Average
Exceeded
Penalty
Amount
$250 00

Dt :R REVIEW RECORD
Mooresville Regional Office
Facility Name: Gough Econ WWTP Permit Number: NC0058084
Report Period: November ?0 i 8
Prior Assessments: Enforcement Factor:
Outfall X Outfall Description
Waterbody Name
Waterbody
Classification
001 Effluent to UT Catawba River
CATAWBA RIVER (Lake
&ow etevation 570) WS-IV;CA
t!°lontbly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
11130/2018 Nitrogen, Ammonia Total (as N) - 2 X month mgll 4 5.30 33.0
Concentration
Action
Other Violations/Staff Remarks:
Completed by:
Assistant Regional
Supervisor Sign -off:
Regional Supervisor
Sign -off:
Date:
Date:
Date:
Page 1 of 2

Permit l+turrther: NCO
8
4
or't - onth Enfore nt History
Report Period: November 20
Limit Viol;
cation; Outfall Ct1 - E+
Violation Report
E+ate Period Para ter
trent
17i2018 1-2018 Coliform, Fecal F
Broth, 44,5
Violation
Type
Daily Maximum
Exceeded
NO
NOV CPA
NOV82018-LV-t18,
1P2018 1.2
8 Nitrogen, Ammonia total (as
Nl - Concentration
Monthly Average
Exceeded
NOV-24'18-LV-03 3
2018 6-2018 Nitrogen, Ammonia dotal (as
N) - Concentration
Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
Monthly Average
Exceeded
NOV-201' 8-LV-ti8
NOD-2018-LV•i1186
Page 2 of

Facility Narrs
Report Periad: Nov her 201
MR RE lRECORD
m"400resv°ille Regional Office
Permit Number: C:tl4 4549
Enforcement Factor:
Outten
lotion
body Name
bo
Cies
2 Secondary Discharge to UT
ewart trek
Stewart Creek
Dail
►rle Location.
Violation
Date
Duffel► gfk - flaent
Frequency
Unit of
Value
Calculated % Over
Value Limit"
Action
312018 donne, Total Residual
ttrly
ugtl
17 60 2 2.9
Violations/Staff Re arks:
ralrer isor Remarks:
plied by
ssistant Regional
Super Sign -off:
Regional
tlaemsor
Sign -off:
Date.
Date:
Page 1 of

i°nth Enforce ent Histo
Permit Number: NCO( 4549 Report Period: Novbe
2(
Page 2 of

COUGH
K MATERALS HANDLING SOLUTIONS
January 14, 2019
N.C. Department of Water Quai
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville, N.C. 28115
Ref: Gough Econ, Inc. WWTP
NPDES Permit No, NC0058084
Mecklenburg County, N.C.
Subject: NOV-2019-LV-0012 , NC0058084 GOUGH ECON WWTP
Please take into consideration our efforts to remain compliant. There have heen problems in
the past with the fortunate aspect that they were very temporary. We intend that this be the
case on this occasion.
Our ORC has made note of aspects of our operation that could be improved:
Our sand filter utilizes recirculation of its discharge to further treat the filtered wastewater.
This lowers the ammonia level and is critical to successful treatment. Recirculation is
distributed over the sand filter via mushroom fountains spaced over the bed to obtain as even
distribution as possible.
It was discovered that an excessive amount of flow was being place over a limited area of
the sand bed. Evidence of fouling was noted on these spots. The full treatment capacity of
the sand filter was not being utilized and fouled areas could have even generated ammonia.
The operator directed our staff in this manner:
The bed was cleared of vegetation and raked.
Distribution of recirculated filtrate was redirected to utilize the most filter a„rea, as possible.
Recirculation over potentially fouled areas was temporarily halted to allow for removal and
replacement of fouled sand or its recovery by natural biology. Either action has been
successful in the past at this facility.
Gough Econ, Inc. P.O. Box 668583 Charlotte NC 28266-8583 Tel, 704 399,4501 Fax [phone]

Future actions:
Extra care is to be taken to prevent over-ponding in limited space, This was not immediately
noticeable until the incident iiiateriaIiied 1 he distribution of the recirculated filtrate will be
periodically adjusted to prevent ponding and utilize maximum filter area.
If the fouled sand does not show recovery shortly, it will be excavated and replaced with
new. Recirculation will be restored to these areas upon recovery or replacement.
Please also be informed that lab data indicates that December, 2018 reporting will show full
compliance. Further information can he obtained from Steven Lambert, ORC at
mslamberOilyadtel.net or 704-657-8847,
Respectfully Submitted,
Gough Eco,n-ln„
David P. Risley
President & CEO
cc: Steven Lambert, GEI ORC
\ padata drr krncdenr 20 I 9 due

ROY COOPER
Croventor
MICH AEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
NORTH CAROUNA
Enrironttenraal Quality
Certified Mail #7016 1370 0000 2591 1841
Return ReceiptRequested
January 8, 2019
David P Risley
Gough Econ, Inc.
PO Box 668583
Charlotte, NC 28266
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0012
Permit No. NC0058084
Gough Econ WWTP
Mecklenburg County
Dear Mr. Risley:
A review of the November 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
001 Effluent Nitrogen, Ammonia Total (as
N) - Concentration (C0610)
Date
Limit Reported
Value Value Type of Violation
2018 4 5.3 Monthly Average Exceeded
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.
North Carolina Department of Environmental Quality p Division of Water Resources
610 East Center Avenue, Suite 301,'Mooresville, NC 28115
704-663-1699

If you wish proviiit 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,
DocuSigned by:
A14CC681AF27425...
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 (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
North Carana Department of Environmental Quality I Division of Water Resources
610 'East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Gough Econ Inc
Facility Name: Gough Econ WWTP
Permit Number: NC0058084
(:ounty: Mecklenburg
Case Number: LV-2019-0042
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;
Nooc docoineo led. 11 sescr. tin' discharge of trctetI astewaSier inC:tiCeSSperuil litnitalion$ has the potential to
mt‘ crsol impact natural resources
2) The duration and gravity of the violation;
As noted in Aithehment A and in this document.
3) The effect on ground or surface water quantity or quality or on air quality;
N uric docomentol tIoet et-, the disehtirge of treated wastewater in excess of permit limitations has the tauten
ut ch44,1i, Stirkwe ACTS Or the Sialit%
4) The cost of rectifying the damage;
aka
5) The amountof money saved by noncompliance;
k paw
6) Whether the violation was committed willfully or intentionally;
tvo,; riHt NliTeeted 10 he lIlu1 Jr 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
\ OV-24414-1N-0264 Fecal (oliform (07)1V) and Ammonia (IV) -,lanuary 201-1;
ca!,4, 1N-201511172 -Amnia 1\1\ JuIv 24114:,
N OV-2015-1A -042-1 -- tel (oliform (1)MV)-- February 2015;
Noilt-2016-1,V-00S8 - fecal Coliform (IFNIV) - April 2016;
7‘011V-2016-1,V-0363 ,Ammouitt (VLXV) —lane 2016;
Fecal (Ioliform (1))1V)- August 2016;
NOV-2016-1'f 0275 Failure to Register and Submit eln1R;
Late/111issing DMR -.May 2017:
0181.1'41„343 (1)1110 and Ammonia (1111:)- ,la nary 2018:
SOV-2018-1„1:-On.-11 Al»monia (1,11V1- May 2018:
\011--20S-1S-013h - Ammonia (11,11) - September 201K.
8) The cost to the State of the enforcement procedures. S1.11.3i; DocuSigned try:
2/21/2019
.Date
. Core) Basinger, RegionalSupervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCUEQ
a
Enforcement
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1hour staff ti
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