Loading...
HomeMy WebLinkAboutNC0026921_TX2014-0003_20140408NC NR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 8, 2014 CERTIFIED MAIL: 7012 2210 0002 3534 8505 RETURN RECEIPT .REQUESTED Mayor Al McMillan Town of Parkton 305 South Main Street P.O. Box 55 Parkton, NC 28371 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and NPDES Permit No. NC0026921 Parkton WWTP Robeson County TX 2014-0003 Dear Mayor McMillan: John E. Skvarla,;III - Secretary. This letter transmits a Civil Penalty assessment against Parkton WWTP in the amount of $ 0-71. S `t ($ tikbt Uri civil penalty + $ C, et enforcement costs). This assessment is based upon the following facts. A review of the facility's toxicity self -monitoring data from the quarter ending in December 2013 has been conducted. The review has shown Parkton WWTP to be in violation of the 90.0 % chronic toxicity effluent discharge -limitation found in NPDES Permit No. NC0026921. The facility's toxicity self -monitoring reports for October 2013 through December 2013 revealed the following effluent toxicity permit limit violations. October 14, 2013 November 4, 2013 December 9, 2013 Fail (7 day P/F) non -compliant 58.1% (7 day chronic value) non -compliant 94.9% (7 day chronic value) compliant The average chronic value for the quarter is 76.5%, which is below the chronic limit for the facility (90%). Based upon the above fact(s), I conclude as a matter of law that Parkton WWTP violated the terns, conditions or requirements of NPDES Permit No. NC0026921 and N.C.G.S 143-215.1(a)(6) in the manner and extent shown above. Water Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919.743-84001 FAX: 919-743-8517 Internet: portal.ncdenr,orghveblwglhome An Equal Opportunity/Affirmative Action Employer A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215,1(a), 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 Resources, I, Cindy . Moore, Supervisor, Aquatic Toxicology Branch, hereby make the following civil penalty assessment against Parkton WWTP $ dO . For / of 7 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC002 921, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for October 14, 2013. For ,:_) of c violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0026921, by discharging waste into the waters of the State,in violation of the facility's permit effluent limit for chronic toxicity for November 4, 2013. $ "2( T Enforcement costs. $ U -) f . rV 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 G.S. 143B-282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) 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; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which The Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty days receipt of this notice, you must do one of the following: ]. Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Water Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-8517 Internet portal.ncdenr.orglweblwglhome An Equal Opportunity/Affirmative Action Employer Form 1-1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES INCIDENT INVESTIGATION Supervisor send completed form to Division Incident and Injury Investigation Subcommittee. (1/1 subcommittee chair to provide summary of this report to the division director's safety committee (DDSC) prior to the DDSC's scheduled meeting..) Employee Name (s) Billy A Dunlap Employee# Employee # 60035228 Division: Water Resources No. Of Private Parties Injured/Involved 'County Cumb Branch/Section/Unit: Water Quality Regional Operations No. Employees Injured/involved: Date of Incident: 4/10/14 Date Incident Reported: 4/9/14 Note: Form 19 (Employer's First Report of Occupational Injury/Illness) must be completed for each employee injured. Part I: Incident Investigation (To be completed by Incident Investigation Team) Description of Incident: (What happened?) Bill was on his way to start a day of animal inspections and calf was noted in the right roadside Ditch. The calf was grazing and he slowed to 20-25 mph and observed the calf. When Bill was less than 40 feet away, the calf suddenly Moved into the path of his vehicle. He was almost clear of the calf when the vehicle hit him with the left front quarter of the Ford Explorer Vehicle # 45790-License # 5927. The calf got up and proceeded across the road and into the woods. Root Cause of Incident (What caused it to happen?): Animals are unpredictable. Corrective action: N/A Person responsible for corrective action: N/A PART II POST ACCIDENT TESTING (To be,completed by Incident Investigation Team) Controlled substance and alcohol test are to be conducted following ANY ACCIDENT an employee is involved in while on duty where: • A life was lost, or i. • If operating a motor vehicle, the driver was cited for a moving traffic violation and individuals involved were transported for medical treatment, or • If operating a motor vehicle, the driver'was cited for a moving traffic violation and a vehicle involved was disabled and removed from the scene by other than its own power. YES NO ❑ Did any of the above conditions result from this accident? ❑ If the previous question was answered yes, was post -accident testing conducted in accordance with NCDENR's Controlled Substance Abuse and Alcohol Misuse Policy and Procedure? If no, please state why no post -accident testing was conducted. Investigation team members: Investigating Supervisor's Signature: Date of Investigation ID #: Part III: Status of Corrective Action (To be completed by Incident and Injury Investigation Subcommittee) Investigating Supervisor/Safety Officer: Incident Subcommittee Members: Has corrective action been completed? Comments: Subcommittee Chair: Subcommittee review date: Use d to record information regarding an incident and corrective actions. The root cause and recommended corrective actions must be noted. Please submit payment to the attention of: Water Quality Permitting Section Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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: 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; the violator promptly abated continuing environmental damage resulting from the violation; the violation was inadvertent or a result of an accident; the violator had been assessed civil penalties for any previous violations; 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." Water Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX 919-743-8517 Internet: portal.ncdenr.orglweblwglhome An Equal Opportunity/Affirmative Action Employer A. Personal Injuries NatOrd'of;;In u les ❑ Amputation ❑ Burn ❑ Bruise ❑ Concussion ❑ Cut (Puncture or Open) ❑ Rash ❑ Electric Shock ❑ Inhalation Injury ❑ Freezing/Frostbite ❑ Hearing Impairment ❑ Heat Exhaustion, Sunstroke ❑ Hernia ❑ Scratches, Abrasions ❑ Strains/Sprains ❑ Fracture ❑ Insect Bites ❑ Other Part s of Body Affected ❑ Head/Face ❑ Eyes-L or R ❑ Arm(s)-L or R ❑ Hand(s)/ Finger(s)-L or R ❑ Abdomen ❑ Back -Upper, Mid, Lower ❑ Chest ❑ Hips/Pelvis ❑ Shoulder-L or R ❑ Wrist-L or R ❑ Ankle-L or R ❑ Leg-L or R ❑ Feet/Toe(s)-L or R ❑ Knee-L or R ❑ Other ource.of.lnju /Incident ❑ Animals ❑ Insects ❑ Slip ❑ Trip ❑ Chemical Type Part IV: Statistical Data -Personal Injury/Incident Factors (To be completed by Incident Investigation Team.) 0 0 0 0 0 0 0 0 0 Gases ❑ Motor vehicle accident 0 Lab Equipment Extreme Temperatures Motors Electrical Devices Starter/Batteries Vegetation, Sunburn Heating App ratus Fire/Smoke Pipe Hand Tool 1• Type ❑ Power Tool Type ❑ Hoisting Apparatus \ Type ❑ Ladder ❑ Liquids Type Severi of Injury 0 Fatal ❑ Permanent total disability ❑ Permanent partial disability ❑ Temporary disability 0 First aid case ❑ Doctor visit only B. Equipment Involving Personal Injuries Machines/Equipment ❑ Crushing, Pulverizing, 0 Mixing ❑ Drilling, Auger 0 Drilling, Turning ❑ Heavy Equipment Type 0 Other Vehicles/Machine ❑ Petroleum Product ❑ Passenger ❑ Pickup/Crew Cab Truck ❑ Vehicle Tailgate ❑ Trailer ❑ Handtruck/ Dollies ❑ Forklifts ❑ Tractors/ Power Ind.Truck 0 Other Type, C. Personal Injury/Incident Type Striking against Object ❑ Objects being handled 0 Moving & stationary object ❑ Two moving objects Collapsing material Machine or machine parts Other Caught ln, Under or Between ❑ Object being handled ❑ Moving & stationary object ❑ Two moving objects ❑ Collapsing material ❑ machine or machine parts ❑ Other Fall from Elevation ❑, From scaffold/ladder ❑ \From piled materials 0 From vehicles ❑ On,stairs ❑ Into`openings ❑ Other,, Fall on same elevation 0 To walkway of working surface ❑ Onto or against object ❑ Other Struck by Object ❑ Tool or machine in use ❑ Falling or flying object 0 Tipping, slipping, or rolling object 0 Object being handled by another person 0 Other Miscellaneous ❑ Foreign matter in eyes 0 Contact with electrical current 0 Contact with electrical current ❑ Other ❑ 0 D. Cause(s) of ❑ Personalln'u /Incident Unsafe Condition 0 Inadequate ventilation ❑ Insufficient workspace 0 Improper illumination ❑ Use of inadequate or improper tool or equipment ❑ Improper assignment of personnel Improperly positioned 0 CI 0 Inadequately secured Unguarded, mechanical Inadequate shoring Electrical hazard Unshielded radiation Other • No Unsafe Condition Unsafe Act ❑ Cleaning, adjusting, oiling or moving equipment ❑ Welding or repairing equipment without proper training 0 No LO/TO while working on equipment/machine 0 Failure to use personal protective equipment ❑ Failure to secure ❑ Failure to warn others ❑ Failure to shut off equipment not in use ❑ Failure to place warning signs, signals, etc. 0 Horseplay, fighting, etc. ❑ Improper use of equipment 0 Overloading ' ❑ Improper handling 0 Inattention to footing or surroundings ❑ Disconnecting or changing safety devices 0 0 Jumping from elevations Jump from vehicle, equip Running Throwing materials or tools Riding in unsafe position Unnecessary exposure under suspended loads Operating at unsafe speed Improper backing ❑ Failure to obey traffic laws 0 Injecting or mixing substances to create hazard 0 Using unsafe equipment 0 No Unsafe Act Observed 0 Other E. Safety Equipment in Use ❑ Hard hat ❑ Safety glasses/goggles ❑ Respirator 0 Movable exhaust hood 0 Ear protection 0 Safety shoes 0 Lanyards & lifelines 0 Reflectorized vest ❑ Flags ❑ Buoyant work vest ❑ Chemical apron ❑ Faceshield. ❑ Gloves ❑ Seatbelt/shoulder harness ❑ Other restraining device 0 Other 0 Adequate Safety Equipment Not Used Equipment/Vehicle Accident or In Use at Time of Incident (Also complete Equi'p;,1 report (not for watercraft)) A. Roadway Condition: ❑ Dry 0 Wet ❑ Snow/Ice 0 Mud 0 Other Waterway Conditions: ❑ Sea State feet 0 Wind knots 0 Other: B. Weather: ❑ Clear ❑ Cloudy 0 Fog 0 Misting ❑ Rain 0 Snow/Sleet/Ice 0 Smoke/Dust C. Type of Equipment Accident/Incident ❑ Turning Backing Rear -end Collision Struck by other vehicle Object dropped on vehicle Hit stationary object Ran off road Passing Moving from parked position Rolled from parked position Mechanical Failure Hit animal Overturned 0 Flying Object 0 Other D. Cause of Equipment Accident/Incident ❑ Operating at unsafe speed 0 Improper backing 0 Failure to obey traffic laws 0 Injecting or mixing substances creating hazard 0 Using unsafe equipment ❑ Other ❑ No Unsafe Act Observed Eotlrfonns should be submitted to the following address: Water Sciences Section Division of Water Resources 1621 Mail Service Center Raleigh, NC 27699-1621 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: if you wish to contest any statement in the attached assessment document you must file a petitionfor 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 flings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except far official state holidays. The original and one (1) copy of the petition must be filed with the Office. of Administrative Hearings. The petitionmay be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 431-3000 Facsimile: (919) 431-3100 A copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Departnient of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1 601 Please indicate the case number (as found on page one of this letter) 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. Water Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001FAX: 919-743-8517 Internet: portal.ncdenr.orghveb/vrglhome An Equal Opportunity/Affirmative Action Ernployer 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 Mr. John Giorgino at 919.-743-8441 or me at 919-743-8442. Date Cindy Moore, Supervisor Aquatic Toxicology Branch Division of Water Resources, NCDENR ATTACHMENTS cc: Belinda Henson- Fayetteville Regional Office Dale Lopez- Fayetteville Regional Office Wastewater Branch File Central Files Water Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001FAX: 919-743-8517 Internet: portal.ncdenr.org/web/wgthome An Equal Opportunity/Affirmative Action Employer Form 1-1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES INCIDENT INVESTIGATION Supervisor send completed form to Division Incident and Injury Investigation Subcommittee. (I/1 subcommittee chair to provide summary of this report to the division director's safety committee (DDSC) prior to the DDSC's scheduled meeting..) Employee Name (s) Billy A Dunlap Employee # v, Employee # 60035228 Division: Water Resources No. Of Private Parties Injured/Involved County Comb Branch/Section/Unit: Water Quality Regional Operations No. Employees Injured/involved: Date of Incident: 4/10/14 Date Incident Reported: 4/10/14 Note: Form 19 (Employer's First Report of Occupational Injury/Illness) must be;completed for each employee injured. Part I: Incident Investigation (To be completed by Incident Investigation Team) Description of Incident: (What happened?) Bill was on his way to start a day of animal inspections and calf was noted in the right roadside Ditch. The calf was grazing and he slowed to 20-25 mph and observed, the calf. When Bill was less than 40 feet away, the calf suddenly Moved into the path of his vehicle. He was almost clear of the calf wheri,.the vehicle hit him with the left front quarter of the Ford Explorer Vehicle # 45790-License # 5927. The calf got up and proceeded across the road and into the woods. Root Cause of Incident (What caused it to happen?): Animals are unpredictable. Corrective action: N/A Person responsible for corrective action: N/A PART II POST ACCIDENT TESTING (To be completed by Incident Investigation Team) Controlled substance and alcohol test are to be conducted following ANY ACCIDENT an employee is involved in while on duty where: • A life was lost, or If operating a motor vehicle, the driver was cited for a moving traffic violation and individuals involved were transported for medical treatment, or If operating a motor vehicle, the driver was cited for a moving traffic violation and a vehicle involved was disabled and removed from the scene by other than its own power. YES NO ❑ ❑ Did any of the above conditions result from this accident? ❑ ❑ If the previous question was answered yes, was post, -'accident testing conducted in accordance with NCDENR's Controlled Substance Abuse and Alcohol Misuse Policy and Procedure? If no, please state why no post -accident testing was conducted. Investigation team members: Investigating Supervisor's Signature: Date of Investigation ID #: Part III: Status of Corrective Action (To be completed by Incident and Injuty Investigation Subcommittee) Investigating Supervisor/Safety Officer: Incident Subcommittee Members: Has corrective action been completed? Comments: Subcommittee Chair: Subcommittee review date: Use d to record information regarding an incident and corrective actions. The root cause and recommended corrective actions must be noted.