NC0039331_LV-2021-0036 CPA w Green Card_20210301

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Certified illail r 7017 2680 0000 2219 5459
Return Receipt Requested
I\Iarch I, 2021
Chris 1) Blice, Assistant Superintendent
Chatham County Schools
PO Box I2S
Pittsboro, NC 27312
SUI3JECT: Notice of Violation and Assessment ofC'ivil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0039331
Chatham County Schools
Bonlee Elementary School
Case No. I_V-2021-0036
Chatham County
Dear Pertnittee:
JAIED
v474(
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S393.59 (S350.00 civil penalty
+ S43.59 enforcement costs) against Chatham County Schools.
This assessment is based upon the following facts: a rci. iew has been conducted of the Discharge Monitoring Report
(DMR) submitted by Chatham County Schools for the month of September 2020. ]'his review has shown the subject
facility to be in iolat ion of the discharge limitations and or monitoring requirements found in NPDES \VW Permit No.
NC0039331. The violations, which occurred in September 2020. are summarised in Attachment A to this letter.
Based upon the above (acts, I conclude as a matter of that Chatham County Schools violated the terms, conditions or
requirements of NPDES WW Permit No. NC0039331 and G.S. 143-215. I (a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums establi.,hed by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person IN ho N iolates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).

Baud upon the above findings of fact and conclusions of lain, 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, Vanessa I:.
Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against Chatham County Schools:
S100.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0039331, by discharging waste water
into the waters of the State in violation oNlle Permit Daily Maximum for ROD, 5-Dav (20 net:. C)
Concentration
S250►.0e)
5350.00
S 43.59
S39.3.59
1 of 1 i. iolations of G.S. 1=43-215.1(a)(6) and Permit No. NC0039331, by discharging waste water
into the waters of the State in violation of the Permit Nlonthly Average for 130D, 5-Day' (20 Dee2.
C) - Concentration
Tartu, CIVIL PENALTV
Enforcement Costs
TOTAL A s1OUN`I' DUE
Pursuant to G S. 1 43-215.6A(c), in determining the amount of the penalty 1 had e taken laitO account the Findings of Fact and
Conclusion; of Law and the factors set forth at G.S. 14313-282.1 (b), which are:
(1) The degree and extent ol'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
itIanaeement Commission has regulatory authority; and
(S) The cost to the State of the enforcement procedures.
Within thirty (30) clays ol'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 aclministratke hearing
Option 1: Submit payment of the penalty :
Payment should be made directly to the order of the Departiment or Environmental Quality (do not include waiver
foim). 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 Seri ice Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a II ritten request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration claw 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 w ]tether the violation(s) occurred or the accuracy of any of the factual stateillents 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
agreullcnt that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
belie\ e the civil penalty should be remitted, and submit it to the Division of 1Vatcr Resources at the address listed below.
In deteriuinin4_ v‘'hether 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 14313-232.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) xvhether the violator promptly abated continuing environmental damage restilting from the violation;
(3) whether the violation was inadvertent or a result ()fan 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 ev idcnce presented in support of your request for remission must be submitted in writing. The
Director oldie Division of Water Resources will review your eN idencc and inform you of his decision in the illatter of
your remission request. The response will provide details regarding the case status, directions for payment, and
p:o%ision for further appeal of the penalty to the Environmental itlanagement Coilmmission'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
thorou,4h statement in support of your request for remission.
In order !o request remission. voii 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. 'I'lie Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request.'.
Both fbrins should be submitted to the fbllowingg address:
L\'a,tew ater Branch
Division of Water Resource,
1617 Nlail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing slid) the Office of Administrative llcarin2s:
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 Ilearings, You mum file the petition with
the Office of Administrative I learings within thirty (30) days of receipt of this notice. A petition is considered ailed
when it is received in the Office of Administrative Ilearings during normal office hours_ The Office of Administrative
l learings accepts filings Monday through Friday between the hours of S:00 a.m. and 5:00 p.nl., except for official state
holidays. The petition may be filed by facsimile (lax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (ifa filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative I Icarings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the tiling fee and 'or the details of the
Filing process.
lie mailing address and telephone and fax numbers Ibr the Office of Administrative I leanings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (I) copy of the petition must also be served on D1=Q as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Sen. ice Center
Raleigh, North Carolina 27699-1601
Plc. se indicate the case number (as found on page one of this letter) on the petition.
1ailurc 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 ad% ised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you ha%c any questions, please contact Cheng Zhang itlt the Division of -Water Resources staff (lithe Raleigh Regional
Office at [phone] or via email at clien<g.zhang a ncdenr.gov.
Sincerely.
X', 1AL,
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCI)1_Q
Al TACI IMENTS
Cc: \VQS Raleigh Regional Office - Enforcement File
NPDES Compliance+Enforcement Unit - Enforcement File
Laserfiche

Case Number:
Assessed Part:
Permit No.:
JUS'TIFICA`I'ION FOR REMISSION REQUEST
IN-2021-0036
Chatham County Schools
NC0039331
County: Chatham
Amount Assessed: S393.59
Please use this fora when requesting remission ol'this civil penalty. You must also complete the "Request For Remission,
!rafter of Right to an 4dutinistratire 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 oldie 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 ol'any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1=1313-2S2.1(c), remission of a civil
penalty may be granted only when one or more ol'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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the asse.ss/ncnt fits.:tors arc 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 prevent (inure oc'cttrre'nce'sj;
(c) the violation was inadvertent or a result of an accident (i.e., cvplain will. the violation was. unavoidable or-
rorru°tiring you could not prerent or prc7rare fin.);
(d) the violator had not been assessed ci%il penalties for any pre%ious %iolations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e.. e.xplain
hull payment o/-the chit pemtlty trill prevent you front p, rforntin. the activities ttccevvag to achieve
c•ontplicnrc.e),
EXPLANATION:

STATE ATE or NORTI1 CAROLINA t)[PAR-1'MENT 01- l:NVIRONMIIN FAL QUALITY
COUNTY OF CI IA1 I iANI
IN THE NIA'1`I'ER OF ASSESSMENf
OF CIVIL PENALTIES AGAINST
Chatham County Schools
Bonlcc Elementary School
PERM 1'I' NO. NC0039331
WAIVER OF RIGHT 'I'O AN
ADMINISTRATIVE HEARING ANI)
STIPULATION OF FACTS
CASE NO. LV-2021-0036
laving been assessed civil penalties totaling S393 59. for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March_l. 2021. the undersitmcd, 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 undersionec1 further uncicrstanc; that all c‘ idcnce presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources w ithin thirty (30) days of receipt of the notice of
assessment. No new evidence in support ofa remission request will be allowed after (30) elms from the receipt oldie
notice or assessment.
This the day of
SIGNATURE
.\DI)RI ;SS
TELEPHONE

PERMIT: NC0039331
FACILITY: Bonlee Elementary School
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
9+30/2020 9-2020 BOD, 5-Day (20 Deg.
C) - Concentration
ATTACHMENT A
Chatham County Schools
CASE NUMBER: LV-2021-0036
REGION: Raleigh
COUNTY: Chatham
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
2 X manth mg'I 7.50 23.1 208.0 Daily $100.00
Maximum
Exceeded
9+30:2020 9.2020 BOD, 5-Day (20 Dcg. 2 X mont'7 mw.4.1 5 12.95 159.0 Monthly $250.00
C) - Concentration Average
Exceeded

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