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HomeMy WebLinkAboutNC0004308_LV-2022-0251_20221006DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Badin Business Park LLC Facility Name: Badin Business Park Permit Number: NC0004308 County: Stanly Case Number: LV-2022-0251 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; Not documented. However, the repeated discharge of effluent in excess of permit limitations has the potential to adversely impact natural resources. 2) The duration and gravity of the violation; As documented in Attachment A. 3) The effect on ground or surface water quantity or quality or on air quality; Not documented in terms of this limit violation. However, the repeated discharge of effluent in excess of permit limitations has the potential to adversely surface water quality. It should be noted that historic site environmental impacts are associated with the discharge that led to this limit violation. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Unknown. 6) Whether the violation was committed willfully or intentionally; Not suspected to be 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; the following violations were reported for a 5-year review period of enforcement history from July 2017 through June 2022: Report Period Outfall Parameter Violation Type NOV/CPA 04-2018 013 Fluoride Total Weekly Average NOV-2018-LV-0634 12-2018 012 TSS Daily &Monthly Ave. NOV-2019-LV-0101 08-2019 013 pH Frequency NOV-2019-LM-0078 08-2019 013 Cyanide Total Monthly Average " 08-2019 005 Fluoride Total Monthly Average 11-2019 005 Fluoride Total Monthly Average LV-2020-0274 12-2019 005 Cyanide Total Monthly Average NOD-2020-LV-0054 03-2020 005 Cyanide Total Monthly Average LM-2020-0036 03-2020 013 Cyanide Total Monthly Average " 03-2020 005 Fluoride Total Monthly Average " 06-2020 005 Fluoride Total Monthly Average LV-2020-0276 07-2020 005 Fluoride Total Monthly Average LV-2020-0275 08-2020 005 Fluoride Total Monthly Average LV-2020-0293 04-2021 005 Fluoride Total Monthly Average NOV-2021-LV-0439 05-2021 005 Fluoride Total Monthly Average LV-2021-0233 06-2021 005 Fluoride Total Monthly Average LV-2021-0241 07-2021 005 Fluoride Total Monthly Average NOV-2021-LV-0679 08-2021 005 Fluoride Total Monthly Average LV2022-0114 09-2021 005 Fluoride Total Monthly Average NOD-2021-LV-0201 11-2021 005 Fluoride Total Monthly Average LV-2022-0115 12-2021 005 Fluoride Total Monthly Average LV-2022-0120 02-2022 005 Fluoride Total Monthly Average LV-2022-0121 05-2022 005 Fluoride Total Monthly Average LV-2022-0200 06-2022 005 Fluoride Total Monthly Average LV -2022-0231 8)The cost to the State of the enforcement procedures. $120.32 DocuSigned by: L4uI4tw11 P4f 14 F161 FB69A2D84A3... 10.6.22 Andrew H. Pitner, Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7018 3090 0001 2323 0713 Return Receipt Requested Robyn L Gross, Americas Asset Director Management Badin Business Park LLC 201 Isabella Street, Suite 500 Pittsburgh, PA 15212-5858 NORTH CAROLINA Environmental Quality October 6, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0004308 Badin Business Park, LLC Case No. LV-2022-0251 Stanly County Ms. Gross: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $807.82 ($687.50 civil penalty + $120.32 enforcement costs) against Badin Business Park LLC. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Badin Business Park LLC for the month of July 2022. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0004308. The violations, which occurred in July 2022, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Badin Business Park LLC violated the terms, conditions or requirements of NPDES WW Permit No. NC0004308 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 North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville. North Carolina 28115 704.663.1699 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, Andrew H. Pitner, Assistant Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Badin Business Park LLC: $687.50 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0004308, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for Fluoride, Total (as F) $687.50 TOTAL CIVIL PENALTY $120.32 Enforcement Costs $807.82 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 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 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. If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville Regional Office at (707) 235-2204 or via email at roberto.scheller@a,ncdenr.gov. Sincerely, CDocuSigned by: As.Qticw H Pa4 F161 FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2022-0251 Assessed Party: Badin Business Park LLC Permit No.: NC0004308 County: Stanly Amount Assessed: $807.82 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF STANLY IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Badin Business Park LLC Badin Business Park PERMIT NO. NC0004308 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2022-0251 Having been assessed civil penalties totaling $807.82 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 05, 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 ATTACHMENT A Badin Business Park LLC CASE NUMBER: LV-2022-0251 PERMIT: NC0004308 REGION: Mooresville FACILITY: Badin Business Park COUNTY: Stanly LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 005 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 7/31/2022 7-2022 Fluoride, Total (as F) Monthly mg/I 1.80 2.65 47.2 Monthly Average Exceeded $687.50