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HomeMy WebLinkAboutWQ0004059_PC-2022-0011_20220301DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Sugarloaf Utility Inc Facility Name: Atlantic Station WWTP Permit Number: W00004059 County: Carteret Case Number: PC-2022-0011 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; Unknown. This assessment is for continuous lack of proper operation and maintenance of the facility, tertiary treatment bypass, required monitoring well abandonment, new well installation, and for the excessive structural corrosion of the facility. Three inspections have been performed (i.e. May 18, 2021, August 18, 2021 and January 19, 2022) and violations have not been corrected. 2) The duration and gravity of the violation; • The duration and gravity of the bypass of the tertiary treatment from the east clarifier is unknown • The duration and gravity of the excessive structural corrosion of the facility is unknown. • The rotary distributor systems were last noted to be operational during the 02-01-2019 inspection. After that, three more inspections have been performed (i.e. 5-18-21, 8-18-21, and 1-19-22) and it was observed when operated, the rotary arms did not rotate, there were many broken spray nozzles and effluent was observed gushing out of the center of both distributor systems. System malfunctions have not been corrected as of the 1-19-22 inspection and responses from the Permittee have not been received. • MW #3 was required to be properly abandoned and all monitoring wells were to be secured as noted in the NOD issued for the 02-01-2019 inspection. Permit Schedule I.5 required MW #1 and #3 to be permanently abandoned within 60 days of the effective date of the current permit (10-22-2019). Monitoring wells MW #1 and #3 had not been abandoned as of the inspection on 5-18-21 and the WiRO has not received records of the well abandonment to date. • Permit Schedule I.2 required MW# IA to be installed within 90 days of the effective date of the current permit (10- 22-2019). Monitoring well MW #lA had not been installed as of the inspection on 5-18-21 and the WiRO has not received records of the well installation to date. 3) The effect on ground or surface water quantity or quality or on air quality; Unknown. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Unknown. The Permittee might have saved money by not performing necessary maintenance to the facility. However, the exact amount of money saved has not been calculated. 6) Whether the violation was committed willfully or intentionally; There is no evidence that the violations were committed willfully or intentionally. However, the violations noted in the inspections performed on May 18, 2021, August 18, 2021 and January 19, 2022 have not been addressed, and a response regarding plans or measures to address the violations has not been received. 7) 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 facility has seven previous enforcement cases for monitoring report violations and two previous enforcement cases for inspection violations in the preceding 12-month period. DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 8) The cost to the State of the enforcement procedures. $140.56 3/1/2022 Date DocuSigned by: Fsaan�anr.�ornsd Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 1290 0001 6718 3333 Return Receipt Reauested William T Smith Sugarloaf Utility Inc 514 Daniels St Suite 414 Raleigh, NC 27612 g4aSTA 4 NORTH CAROLINA Environmental Quality March 01, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of NC General Statute (G.S.) 143-215.1(a)(6) and Non -discharge Permit No. WQ0004059 Sugarloaf Utility Inc Atlantic Station WWTP Case No. PC-2022-0011 Carteret County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $11,390.56 ($11,250.00 civil penalty + $140.56 enforcement costs) against Sugarloaf Utility Inc. This assessment is based upon the following facts: an inspection of the Atlantic Station WWTP was conducted on January 19, 2022. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non -discharge Permit No. WQ0004059. This inspection has shown the subject facility to be in violation of the conditions and limitations found in Non -discharge Permit No. WQ0004059. The violations found during the inspection are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Sugarloaf Utility Inc violated the terms, conditions or requirements of Non -discharge Permit No. WQ0004059 and G.S. 143-215.1(a)(6) 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). D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office I t27 CardlnaI Drive Extension I Wilmington, North Carolina 26405 �� 910.796.7215 DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Morella Sanchez -King, Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Sugarloaf Utility Inc: $11,250.00 For 8 of the 8 violations of the conditions and limitations specified in Permit No. WQ0004059 . $11,250.00 TOTAL CIVIL PENALTY 140.56 Enforcement Costs $11,390.56 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) 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; (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 Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of 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 administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). 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 Service Center Raleigh, North Carolina 27699-1617 DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 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-282.1(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 DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 Option 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 petition for 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 filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 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. DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 If you have any questions, please contact Helen Perez with the Division of Water Resources staff of the Wilmington Regional Office at (910) 796-7387 or via email at helen.perez@ncdenr.gov. Sincerely, DocuSigned by: M� �ll� SF.s K� E3ABA14AC7DC434— Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Wilmington Regional Office - Enforcement File Upload to Laserfiche DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2022-0011 County: Carteret Assessed Party: Sugarloaf Utility Inc Permit No.: WQ0004059 Amount Assessed: $11,390.56 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. § 143B-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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are 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 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: DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CARTERET IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Sugarloaf Utility Inc ) Atlantic Station WWTP PERMIT NO. WQ0004059 ) CASE NO. PC-2022-0011 Having been assessed civil penalties totaling $11,390.56 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 01, 2022, 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 day of , 20 SIGNATURE ADDRESS TELEPHONE DocuSign Envelope ID: 07lE5499-6CAC-47AE-A509-8EB14913B4A2 ATTACHMENT A Sugarloaf Utility Inc CASE NUMBER: PC-2022-0011 PERMIT NO: WQ0004059 REGION: Wilmington FACILITY: Atlantic Station WWTP COUNTY: Carteret VIOLATION VIOLATION PENALTY DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT 1/19/2021 Treatment Violation detected during Advanced state of corrosion of many $750.00 inspection areas of the plant causing a safety hazard. 1/19/2021 Treatment Violation detected during Bypass of tertiary filter from the east $1,500.00 inspection clarifier. 1/19/2021 Treatment Violation detected during Lack of maintenance of rotary distributer $2,250.00 inspection systems 1/19/2021 Treatment Violation detected during Lack of maintenance of the EQ tank to $2,250.00 inspection ensure proper operation. 1/19/2021 Treatment Violation detected during Measures not taken to prevent effluent $1,125.00 inspection ponding in the infiltration sites. 1/19/2021 Treatment Violation detected during Monitoring wells not secured. $1,125.00 inspection 1/19/2021 Treatment Violation detected during MW-1A has not been installed to replace $1,125.00 inspection MW-1 as required in the current permit schedule. 1/19/2021 Treatment Violation detected during MW-3 and MW-1 have not been $1,125.00 inspection permanently abandoned as required in the current permit schedule.