NC0022497_Settlement Agreement (LR-2022-0001)_20221004

NPDES Permit NC0022497
Settlement Agreement
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISR. A10E1VED
COUNTY OF CATAWBA 0 C T 0 4 2022
11CDEQ/DWRINPDES
IN THE MATTER OF )
NORTH CAROLINA ) SETTLEMENT AGREEMENT
NPDES PERMIT NC0022497 )
HELD BY CROSS COUNTRY CAMPGROUND )
Pursuant to provisions of North Carolina General Statute § 143-215.3 a 6 this Settlement
Agreement(hereinafter, Agreement)is entered into by Cross Country Campground and the North
Carolina Environmental Management Commission, an agency of the State of North Carolina
created by N.C. General Statute § 143B-282 (hereinafter, the Commission):
1. Cross Country Campground and the Commission hereby agree to the following findings:
(a.) Cross Country Campground holds North Carolina National Pollutant Discharge
Elimination System(hereinafter,NPDES)permit NC0022497 for operation of the Cross
Country Campground WWTP and for making an outlet therefrom for the discharge of
treated wastewater to Reed Creek, currently Class WS-IV waters of this State in the
Catawba River Basin.
(b.) Reporting requirements included as terms of NPDES permit NC0022497 have been
established to ensure adequate monitoring of the effluent so that compliance or
noncompliance with the effluent limits may be determined.
(c.) Cross Country Campground has been noncompliant with the reporting requirements
contained in NPDES permit NC0022497 in the manner and to the extent described in
paragraph (d.)below. Reported violation occurred in March 2022.
(d.) Cross Country Campground has been assessed penalties totaling $368.04 for reporting
violation that occurred in March 2022. Of that total, nothing has yet been remitted
(reduced/removed), leaving the full outstanding civil penalties balance of$368.04, as
summarized in the table below.
VIOLATION CASE LETTER CIVIL ENFORCEMENT TOTAL
MONTH NUMBER DATE PENALTY COST AMOUNT
March 2022 LR-2022-0001 06/08/2022 $250.00 $118.04 $368.04
Totals: $250.00 $118.04 $368.04
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NPDES Permit NC0022497
Settlement Agreement
(e.) Following actions that have been taken by Cross Country Campground to remedy the
issues—such as including ORC on all future correspondences—and actions that will be
taken to prevent future violations, the North Carolina Department of Environmental
Quality's Division of Water Resources' Mooresville Regional Office is recommending
a significant reduction in the civil penalty balance while retaining all enforcement costs.
2. In order to facilitate resolution of the matters of outstanding civil penalties and unassessed
violations documented in paragraph 1. (d.) above, the Commission and Cross Country
Campground agree to settle the above-described penalties and violations for the total
amount of$118.04. Payment shall be made by check made payable to the North Carolina
Department of Environmental Quality within 15 days of the execution of this Agreement,
and sent to the following address:
Attn: John Hennessy, Supervisor
Compliance&Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all
outstanding civil penalties assessed prior to the execution of this Agreement and resolve
all unaddressed violations occurring prior to March 2022.
3. Nothing in this Agreement relieves Cross Country Campground of its duty to abide by the
terms of NPDES permit NC0022497. Noncompliance with the terms of the NPDES may
subject Cross Country Campground to the assessment of additional civil penalties during the
time this Agreement is in effect.
4. Requests,actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made,completed or submitted by the dates specified. The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held
entirely by Cross Country Campground.
5. Because this is an Agreement between the Commission and Cross Country Campground,
neither party will file a petition for a contested case or for judicial review concerning its
terms.
6. Cross Country Campground shall be expected to comply with all schedule dates,terms, and
conditions of this Agreement. This Agreement shall be considered closed when all terms and
conditions are met,or upon written acknowledgement by the Commission.
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i R
NPDES Permit NC0022497
Settlement Agreement
For the Cross Country Campground:
L%l'li►'i G Date q d?9/j..0aa-
onna Day
Manager
For the North Carolina Environmental Management Commission:
Date
Richard E. Rogers,Jr.
Director
North Carolina Division of Water Resources
for the Chair of the Commission
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