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HomeMy WebLinkAboutWQ0030088_Remission (Request)_20191004October 4, 2019 Wastewater Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RECEIVEDINCDEQIDWR OCT - 9 2019 Non -Discharge Permitting Unit Old Norte State Water Co. 1k, �f RECEIVED OCT 0 B 2019 NCDEQ/DWR/NPDES W* Company Subject: Remission Request for the Notice of Violation and Civil Penalty Assessment (Case No. LV-2019-0210) issued on September 25, 2019 for Old North State Water Company LLC - Majestic Oaks Permit# WQ0030088 Dear Division of Water Quality: ONSWC and Majestic Oaks WWTP appreciates the opportunity to respond to the Notice of Violation and Civil Penalty issued on September 25, 2019. Please find enclosed our remission request regarding violations as listed: "The Majestic Oaks WWTP was non -compliant for January 2019 due to an exceedance of Total Phosphorous in the effluent. The chemical feed pump that feeds the ferric chloride for phosphorous removal had issues with air locking. The ferric chloride is fed into the influential splitter box. When it was being added while flow from the Equalization (EQ) Basins was not pumping, the ferric chloride caused the grease in the splitter box to cause a mat. The operator had to remove the grease mat which was absorbing and holding some of the ferric chloride inside the grease causing it to be removed from the treatment process before it made its way into the treatment process. The operator was diligent in returning the plant to a compliance system. ONSWC feels that all proper procedures have been taken to ensure this doesn't have in the future. Since taking over this facility ONSWC has made a considerable investment into this plant and continues to make investments into the facility as requested by the operator in order to ensure proper operation. We understand the reasons for the Civil Penalty Assessment but respectfully request the Division consider remission of the civil penalty due to the fact the non- compliance was outside of the Operator's control. The Operator quickly acknowledged there was an issue, responded to the non-compliance, and promptly returned the treatment plant to a compliant status. Please do not hesitate to contact me at 252-235-4900 if we can be of any further assistance or additional information is needed. Sincerely, Mike Myer Old North State Water Company Cc: Rebecca Manning, Envirolink, Inc. Dave Strum, Envirolink, Inc. Don Feller, Envirolink, Inc. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF PENDER IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Old North State Water Company LLC ) Majestic Oaks WWTP ) PERMIT NO. WQ0030088 } CASE NO. LV-2019-0210 Having been assessed civil penalties totaling $378.63 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 23. 2019, 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 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 Resources within thirty (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 4th day of October SIGNATURE ADDRESS 2019 4700 Homewood Court, #108 Raleigh, NC 27609 TELEPHONE 252-235-4900 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2019-0210 County: Pender Assessed Party: Old North State Water Company LLC Permit No.: WQ0030088 Amount Assessed: $378.63 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.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of 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. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); J(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 future 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: PERMIT: WQ0030088 FACILITY: Majestic Oaks WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Violation Report Date MonthlYr Parameter b/: izuiu b-zuiv vnospnorus, total (as P) ATTACHMENT A Old North State Water Company LLC CASE NUMBER: LV-2019-0210 REGION: Wilmington COUNTY: Pender Unit of Limit Calculated % Over Frequency Measure Value Value Limit 2 X month mg/1 3 6.56 118.7 Violation Penalty Tvoe Amount IYIVI III Ily yLJV UV Average Exceeded RAY COOPER Gf+twner MICHAEL & REGAN swMary LINDA a&PEPPFR DLor Certified Mail # 7008 1140 0002 9558 8882 Return Receipt Re, iuested Michael J Myers Old North State Water Company LLC 4700 Homewood Court Suite 108 Raleigh, NC 27609 NORTH CARMNA September 25, 2019 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of Non -discharge Permit No. WQ0030088 Old North State Water Company LLC Majestic Oaks WWTP Case No. LV-2019-0210 Pender County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $378.63 ($250.00 civil penalty + $128.63 enforcement costs) against Old North State Water Company LLC. This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Monitoring Report (NDMR) submitted by Old North State Water Company LLC for the month of May 2019. This review has shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge Permit No. WQ0030088. The violations, which occurred in May 2019, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Old North State Water Company LLC violated the terms, conditions or requirements of Non -discharge Permit No. WQ0030088 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 of a permit required by G.S. 143-215.1(a). North Groins Oeosrtw&ot of Eavwcnmentef Quafity I Division of Weer Resources ,5AR!5P Mmm&n ite&mi Office 1 127 Cst& l Drive Enaesioa 1 VYieengton. N" CivaMe 2M05 910a96-7215 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 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: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.l(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. The 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 (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 remission. In order to request remission, you 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. The Division of Water 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 Carolina 27699-1617