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HomeMy WebLinkAboutNCG060036_Civil Penalty Assessment_20211021 (2)DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Cargill, Inc. Facility Name: Cargill, Inc./Charlotte Facility County: Mecklenburg Case Number: DV-2021-0162 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; Approximately 3,800 gallons of wastewater was discharged onto the Cargill, Inc./Charlotte Facility's property and 800 gallons of wastewater was discharged (via stormwater piping system) into an unnamed tributary to Little Sugar Creek, Class C waters of the State. Wastewater solids and foam were observed in the unnamed tributary to Little Sugar Creek. 2) The duration and gravity of the violation; The discharge occurred on August 13, 2021 and Cargill, Inc. initiated cleanup activities on the same day. Cargill, Inc. notified this Office via letter dated September 2, 2021, that all cleanup and disposal activities associated with this discharge had been completed. Charlotte -Mecklenburg Stormwater Services personnel notified this Office (via email dated August 16, 2021) that the stream cleanup activities were completed on August 14, 2021. 3) The effect on ground or surface water quantity or quality or on air quality; Wastewater solids and foam were observed in the unnamed tributary to Little Sugar Creek, Class C waters of the State. The discharge of partially treated wastewater has the potential to adversely impact surface water quality. 4) The cost of rectifying the damage; None specified in Cargill, Inc.'s response; however, a cleanup company (Hepaco) was contracted to perform all remediation activities. 5) The amount of money saved by noncompliance; None 6) Whether the violation was committed willfully or intentionally; There is no evidence to suggest that the violation was willful or 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; No prior record in past ten years. 8) The cost to the State of the enforcement procedures. Enforcement Cost: 5 hrs. staff time 2 hrs. supervisor time Administrative Cost Total Enforcement Cost 10/21/2021 Date $206.6 $123.44 $ 15.00 $345.04 —DocuSigned by: A14CC681 AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ