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Home My WebLink AboutNC0077615_LV 01-156_20010504Michael F. Easley Governor Wlliam G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water Quality May 4, 2001. CERTIFIED MAIL RETURN RECEIPT REQIJESTED Mr. Homer Prevette Homer's Truck Stop of Statesville, LLC Post Office Box 5218 Statesville, NC 28687 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofNC. General Statute - 143-215.1(a)(6) and NPDES Permit No. NC0077615 Homer's Truck Stop WWTP Case No. UV 01-156 Iredell Comity Dear Mr. Prevette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1335.45 ($1250.00 civil penalty •+ $85.45 enforcement costs) against Mr. Homer Prevette, as the perrnittee of the subject permit. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by you for the subject facility for the month of January 2001..This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0077615.. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that you violated the terms, conditions or requirements of NPDES Permit No. NC0077615 and North Carolina General Statute (G.S.) 1.43-215.1(a)(6) in the manner and extent shown in Attachment A. A civilpenalty may be assessed in accordance with the maximums established by G.S. 1.43-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of -Water Quality, 1, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Mr, Homer Prevette, as the permittee of the subject facility: fTIMENTI Customer Service BOO 623-7748 MooesviHe Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 4•7 85.45 -1 / For / of the one (I) violation of G.S. 143- 215.1(a)(6) and INIFIDES Permit No. NC0077615, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Oil and Grease, For of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0077615, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Oil and Grease, TOTAL CIVIL PENALTY, which is 2 , percent of the maximum penalty authorized by G.S. 143- 215.6A. Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(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: (I ) (2) (3) (4) (5) (6) (7) (8) The degree and extent ofharm to the natural resources of the State, to the public health, or to private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or qual.ity or on air quality; The cost of rectifying the damage; The arnount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Comrnission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department ofEnvironment and Natural Resources (do not include waiverform). Payment of the penalty will, not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-161.7 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Piease submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission mustbe submitted in writing. The Director of the Division of Water Quality will review the inform.ation during a bimonthly enforcement conference and inforrn. you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Pl.ease be advised that the Committee cannot consider infomiationthat was not part of the original .remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request forremission. OR Submit a written request for an administrative hearing: If you wish to contest any statemen this assessment letter, you must request an administrative hearing. This request rnust be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhom. General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-16.01 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. if you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. D. Rex GleagOn, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments RMB Attachment A Mr. Homer Prevette Homer's Truck Stop of Statesville, LLC WWTP NPDES Permit No. NC0077615 Case Number LV 01-156 Limit Violations, January 2001 Parameter Oil and Grease Parartteter Monthly Average Limit Violations Reported Value 56.6 * Limit 30,0 Daily Maximum Limit Violations Reported Value Limit Oil and Grease 113.2* 60.0 togiL * denotes assessment of civil penalty. STATE OF NORTH CARO INA DEPARTMENT OF ENVIRONMENT AND NATU L RESOURCES COUNTY OF Iredell IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST Mr Homer Prevette (Pc u ittee of Homers Truck Stop of Statesville, LLC) PERMFI NO, NC0077615 WAIVER OF RIGHT TO AN OF ADMIN1ST TATE HEARING AND STIPULATION OF FACTS F L NO. 7 01456 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2001 ADD SS BY FELEPHONL EFFLUENT NPDES PERMIT NO. NC 0077615 DISCHARGE NO. 001 MONTH JANUARY YEAR 2001 FACILITY NAME Homer's Truck Stop OPERATOR IN RESPONSIBLE CHARGE (ORC) Jerry' Rogers CERTIFIED LABORATORIES (1) Statesville Analytical CLASS 001 COUNTY Iredell GRADE II PBONE (704) 878-0114 CHECK BOX IF ORC HAS CHANGED E1 PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE C PY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALrTY 1617 MAIL SERVICE CENTER RALEIGHUNC 27699-1617 i 50050 ! IEFF !iNF Daily 1 Ra FER,S HRSI YIN Holiday 1000 .4 11 3 1300 .5 1, Li 2 rry RoRers oic DEpT oF E AND NATURAL M NOCREs RCEs VILLE Entry., (S1GNATUR OF OPE TOR IN RESPONSIBLE CHARGE) s-,f1/4A-VALLOpAcE RN' TH!SS1NATURE, I CERTIFY THAT THE REPORT IS !. ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE ' 00010 00400 I 50060 00310 00610 -7 < Z 0 MIL .5 0030 31616 603-00 -7104:41 ,r) ktyp5 00556 1. 11 -.1 U.1 7I :g '''-' "..... tn. .7, is. 0 u 6. 1, 1. *li:ALRYS'ECII I 38260 t < ! 4 0925 v .001 5 1300 .5 y ' 7 0900 .5 9 0815 A y 1415 .3 - 0900 .3 y L...10 .-131 5 Hoh Ib 1135 Y 17! 1430 .3 - 1 3.8 7.2 IS 0950 13 2 2 _ 19 1215 2 20 21 22 1140 3 23 0810 3 I, "tit.01 - 24 1330_., „3 v 75: 0800 .3 y 261400 ,3 17' 1 3.64 I 1.2 Gil_ MOIL MGIL LINGIOSICM1 NA , NA NA 0.48. NA NA NA 5 NA .":71,0: : '4A1.1 .1 " NA, s, N' A 1 NA NA 1 NA 7 < 6.67 < 1 I NA 113,2 INA 3.9 I NA I 'NA NA .NA 30 < 1 NA 1 NA NA :143 i 1- 3 N NA - 28 I 2 'N,6_, 29: 1300 : .2 '' v' : : - 'I :: .NA ._ ........_...._-___,... _ ..' - ' _ 1 30_ 11 4 513_,,,ty,_ .002. . 8.3 : 7.0_ 4.40 ' '5 < I ' NA l• i 7 ., - -,,..-.....:) .3-'NA ' 3 T 1 '1,.r.,•-• 0.00 14 6.2 1111M- 0,63 " 1,25 12.5 I NA MAIC MUM Li 00.1' .1 ' . '9 ' :' 1 :7,1 . 01 : ' ti4,4: : 1.3 !' 30 • !!••!. IK•71 • • : - It:63 - -1 . • ' -! :1112, j'.-0748! .i. • .... : ....• . ,! !, . - t-' MINIMUM 0,0010 3.8 : 7 ' 0.3 2 !:,,LI -......_____. 1.2 , !!'t!,. 5 ! < 1 3.42 1.63 (5 ' 0.48 .C1 ' ' G : ' : :C1 :1 : G G ' : YG " 1 ::.0 '1 _t1G :11 Morality i....im it 0.025 ' 6-9 30 30! 200 ' NA. ! 30 S7Z, DWQ Farm MR-1 (01 700) Facility Status (Please check one of the following) All monitoring d sampling frequencies meet permit requirements COMPLIANT r3Erlid iYJJjn AiriVTO Hatkinfialliitiarifig data and samp f77-7, II MA quencies do NOT meet permit requirements NON COMPLIANT flit), is rioncorapliantt please comment on corrective actions being taken in respect to equipment, opera table Ortiinpnav- emt ade. ,,- ,,I,o1....,(' ,, il., - , , 3CA,,e"-^ r•-• ' ._)' A 4 c-41 01 ,:.,, A Lc - etc "I certify, under penalty °flaw, that this document and all attachments were prepared under my direction or supervision in accordance with a systen designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of tbe person or person who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of n knowledge and belief, true, accurate, and complete. I arn aware that there are significant penalties for submitting false Mfoiluation, including ti possibility of fines and imprisonment for knowing violations." 135 Oberkirsh Drive. Perm itiee Address 00010 Temperature 00076 Turbidity 00080'Color (Pi -Col) 00082 C:oior (M:1)MT) 00095 Conductivity 00300 Disoived Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter rice„ Inc. (Stephen T Overcashl Pennine?, (Please print orr-type) _ Signature)of Pei inittee (7 04 6 6,3 -4 5 9 (1 Phone Number TER CODES 000556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 01.032 Hexavalent Chromium 01034 Chromium 01037 Total Cobalt 01042 Copper 0104.5 Iron 01051 Lead. 01062 Molybdenum ") _ Date 0.3.13 I /2004 Permit Expiration Date 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolies 34235 Benzene 34481 Toluene 38620 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Cone assistance may be obtained by c.allin.g the Power Source CompliancelEnforcement Unit at (919) 73.3-5083 or by visiting the Water Quaiity Section's web site at h2o..enr.state.nc.usiwcis and linking to the Unit's information page.. Use only units designated in the reporting facility's permit for reporting data, * ORO musi visit facility and document visitation of facility as required per 15 A NCAC 8G Al2.04 "1tsined by other than the pemlinee, delegation of, sienatory authority must he on file with the state per ISA NCAC 2B .0506 (b) (2) (D) A (I). EFFLUEN1' LIMITATIONS AND MONIT012ING I1EQUII/EMENTS - FINAL Permit No. NC007 Ituring the period Ilwrtittiring on the effective dive of the permit arid lasting limit eNpiration, the Permittee uthrizid u 1ischurge. f10111 .tie 1141 IILIFIIIJCI" Treated Domestic Wastewater, Stich discharges shall be 1uiiietLmidII iI&I I hy thei Pertnittee its specified below: EFFLUENTCHARACTEUISTIC v (I\ IGD) 1), ;;;t:Day, 20"C otd pcnd d 1e ' FedaIiiui (geoinetric)itean otol Pesidual Chlirrine - (tit eh:Imre o Nitiogen (NO.+NO,+TliN) .otal Pliosphoi us \S ).025- 30 0 mg/L 30 0 mg/L 30,0 mg/I. 200/1 00 WI GE 'AT1ON kly Average Daily Mxhnusu 415,0 mg/I. 15,0 mg/I, 60,0 mg/l, ITORING REQUIIIEMEN Effluent„.. , sT --I Sample Frequucy Type Location aittatwmiE lVveltly (trot) Weekly 2,1\ Alonth THEDE SI1ALL BE NO DISCHANGE OF FLOATING SOLIDS on VISIBLE FOAM JI omErt THAN TDACE AMOUNTS. NO -MS: Sample Locations; 1 - Influent, E Effluent 2 Tbe pH shall not he less than 6.0 standar greater than 11.0 stantlaitl units. Grab Cirdb Cir,t1) 11 r Gral Grab 11 Fast Track Worksheet Case Number Facility Name Permit Number Previous Case in the Last two years LV 01 156 HOMERS TRUCK STOP NC00776 5 Yes Number of Assessments for p Stwtory Maxirnun per violation s 6 DNIFis 0 2 0 3 0 4 0 5 0 11)0 Total Assessment Factor = Exit Number Violations Comments Number Assessed Parameter Oil & Grease Oil & Grease Violation Monthly/Quarterly Weekty avgi'daily max Penalty/ Violation $1000 $250 Total Assessment Factor Total Penalty Grand Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. $1000.00 0.00 $1260.00 s 2.50 'Review month = January 2001 Prepared by Richard Bridgeman