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HomeMy WebLinkAboutNC0001422_NOV 2012_20120711NCDENR North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY Beverly Eaves Perdue Charles Wakild, P.E. Governor Director July 11, 2012 CERTIFIED MAIL # 7010 0290 0003 0834 6777 RETURN RECEIPT REQUESTED Allen A Clare, Plant Manager Carolipa Power and Light Company DBA Progress Energy Inc 801 Sutton Steam Plant Rd Wilmington, NC 28401 -8357 Dee Freeman Secretary . 1f ► u'c'o.� I f SUBJECT: NOTICE OF VIOLATION AND ASSESSMENT OF CIVIL PENALTY Violations of NC General Statute (G.S.) 143- 215.1(a)(6) & NPDES Permit #: NC0001422 Carolina Power and Light Company DBA Progress Energy Inc Sutton Steam Electric Plant Case No. MV- 2012 -0006 New Hanover County Dear Mr. Clare: This letter transmits a Notice of Violation and assessment of a civil penalty in the amount of $1,429.50 ($1,165.00 civil penalty + $264.50 enforcement costs) against the Carolina Power and Light Company DBA Progress Energy Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Carolina Power and Light Company DBA Progress Energy Inc for the month(s) of January -April 2012. This review has shown the subject facility to be in violation of the discharge limitations and /or monitoring requirements found in NPDES Permit No. NC0001422. The violations, which occurred, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Carolina Power and Light Company DBA Progress Energy Inc violated the terms, conditions or requirements of NPDES Permit No. NC0001422 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). 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 Quality, I, Jim Gregson, Surface Water Protection Section Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against the Carolina Power and Light Company DBA Progress Energy lnc: North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699 -1617 Phone (919) 807 -6300 N14whCarolina Internet: www.ncwateraualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807 -6492 �,//yyatur!i ly THE FOLLOWING ARE FAILURE TO MONITOR AND /OR REPORT THE FOLLOWING PARAMETERS: 195.00 For 3 of the 3 failures to properly monitor TSS in April 2012 in violation of NPDES Permit No. NC0001422. 325.00 For 5 of the 5 failures to properly monitor TSS in March 2012 in violation of NPDES Permit No. NC0001422. 260.00 For 4 of the 4 failures to properly monitor TSS in February 2012 in violation of NPDES Permit No. NC0001422. 260.00 For 4 of the 4 failures to properly monitor TSS in January 2012 in violation of NPDES Permit No. NC0001422. 125.00 For 1 of the 1 failures to properly monitor MERCURY during the first quarter of 2012 in violation of NPDES Permit No. NC0001422. $1.165.00 TOTAL CIVIL PENALTY 264.50 I Enforcement Costs $1.429.50 I 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. 1436- 2821(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 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 Davment of the Penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: NPDES Expedited Permitting & Compliance Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 n Option 2: Submit a written request for remission or mitigation including a detailed iustification 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 Quality 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 1438- 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request ". Both forms should be submitted to the following address: NPDES Expedited Permitting & Compliance Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 Oation 3: File a oetition for an administrative hearine 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 §1506 -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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Tel: (919) 733 -2698 Fax: (919) 733 -3478 One (1) copy of the petition must also be served on DENR as follows: William Cary, General Counsel NC DENR 1601 Mail Service Center Raleigh, NC 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 Dean Hunkele with the Surface Water Protection staff of the Wilmington Regional Office at (910) 796 -7215. Sincerely, Jim Gregson Regibhal Supervisor Surface Water Protection Section Wilmington Regional Office ATTACHMENTS Cc: DWQ/ SWPS Wilmington Regional Office - Enforcement File (w /attachments) NPDES Expedited Permitting & Compliance Unit- Enforcement File (w /attachments) Central Files, Surface Water Protection Section (w /attachments) JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV- 2012 -0006 County: New Hanover Assessed Party: Carolina Power and Light Company DBA Progress Energy Inc Permit No.: NC0001422 Amount Assessed: 51,429.50 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. § 1436- 2821(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. 1438- 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 (Le., 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 COUNTY OF NEW HANOVER IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Carolina Power and Light Company DBA Progress Energy Inc PERMIT NO. NCO001422 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. MV- 2012 -0006 Having been assessed civil penalties totaling $1,429.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 11. 2012, 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 Quality 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 ADDRESS TELEPHONE SIGNATURE ATTACHMENT A Carolina Power and Light Company DBA Progress Energy Inc CASE NUMBER: MV- 2012 -0006 PERMIT: NC0001422 FACILITY: Sutton Steam Electric Plant Monitorina Violations Quarterly 01107/12 Weekly 01114/12 MONITORING OUTFALU 01/21/12 Weekly PENALTY REPORT PPI LOCATION PARAMETER $125.00 3- 2012 001 Eitluent MERCURY - Conc $65.00 1- 2012 001 Effluent TSS - Conc $65.00 1- 2012 001 Effluent TSS - Conc $65.00 1- 2012 001 Effluent TSS - Conc $65.00 1- 2012 001 Effluent TSS - Conc $65.00 2- 2012 001 Effluent TSS - Conc $65.00 2- 2012 001 Effluent TSS - Conc $65.00 2 -2012 001 Effluent TSS - Conc $65.00 2 -2012 001 Effluent TSS - Conc $65.00 3- 2012 001 Effluent TSS - Conc $65.00 3- 2012 001 Effluent TSS - Conc $65.00 3- 2012 001 Effluent TSS - Conc $65.00 3- 2012 001 Effluent TSS - Conc; $65.00 3- 2012 001 Effluent TSS - Conc $65.00 4- 2012 001 Effluent TSS - Conc $65.00 4- 2012 001 Effluent TSS - Conc $65.00 4- 2012 001 Effluent TSS - Conc VIOLATION DATE FREQUENCY 03/31112 Quarterly 01107/12 Weekly 01114/12 Weekly 01/21/12 Weekly 01/26112 Weekly 02A04/12 Weekly 02/11/12 Weekly 02/18/12 Weekly 02/25/12 Weekly 03/03112 Weekly 03/10/12 Weekly 03/17/12 Weekly 03/24/12 Weekly 03/31/12 Weekly 04/07/12 Weekly 04/14/12 Weekly 04121/12 Weekly COUNTY: New Hanover UNIT OF MEASURE ugA MgA mg/l mgA mgA mgA mgA mgA mgA mg/l mgll mgA MgA MgA mgA mgA REGION: Wilmington CALCULATED % OVER LIMIT VALUE LIMIT VIOLATION TYPE Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation Frequency Violation DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Carolina Power and Light Company DBA Progress Energy Inc Facility Name: Sutton Steam WWTP Permit Number: NC0001422 County: New Hanover Case Number: MV- 2012 -0006 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; 1, 1r-7 2) The duration and gravity of the violation; The failure to monitor occurred for nearly 4 months and would have continued lonaer if regional office staff had not inquired about the missing data. The inauiry allowed them to sample TSS the last week of April. 3) The effect on ground or surface water quantity or quality or on air quality; �4 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; The cost to collect and anaivze samples. 6) Whether the violation was committed willfully or intentionally; More of a case of nealiaence and poor oversight. The Permittee had seen these new monitorina reauirements in one or more draft permits, in an oriainal renewal issuance that thev contested. and then in the currently issued version. 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 This facilitv has had a good compliance record in reeard to retorted discharge data under this permit. 8) The cost to the State of the enforcement procedures. 5264.50 in cost for staff and costs incurred Date ► Jim Gregson itegional Supervisor Surface Water Protection Section Wilmington Regional Office Progress Energy File No: SUT 12520 -B July 3, 2012 Cert ted Mail k 701115 70 0002 2895 4945 Mr. Jim Gregson, Regional Supervisor NCDENR -DWQ /Surface Water Protection Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Subject: Carolina Power & Light Co. d/b /a Progress Energy Carolinas, Inc. (Progress Energy) L. V. Sutton Electric Plant (Sutton Plant) NPDES Permit Number NC0001422 Notice of Violation & Intent to Assess Civil Penalty (NOV- 2012 -MV -0039) Dear Mr. Gregson: On June 21, 2012, Progress Energy received your letter dated June 19, 2012, conveying a Notice of Violation & Intent to Assess Civil Penalty noting missed sampling as required by the L. V. Sutton Electric Plant's National Pollutant Discharge Elimination System ( NPDES) Permit. In response, Progress Energy offers the following information. Wilmington Regional Office Staff informed Progress Energy via email on April 23, 2012, that required sample results were missing on the submitted January 2012 Discharge Monitoring Report (DMR). Progress Energy investigated this assertion and determined that, with the renewal of the NPDES Permit (effective January 1, 2012), changes to the required sampling frequency and parameters had not been implemented. In the cover letter for the Sutton Plant April 2012 DMR (dated May 22, 2012), Progress Energy noted that the weekly total suspended solids and quarterly total mercury samples at Outfall 001 had not been taken from January through March and a portion of April 2012. Upon being advised, Sutton Plant personnel took immediate steps to incorporate the new monitoring requirements into the scheduled sampling system. The Sutton Plant DMR form was modified and the laboratory sampling chart was revised accordingly (enclosures). Progress Energy is reviewing internal protocols to assure recurrence of this situation does not occur. If there are any questions, please contact Kent Tyndall, Environmental Specialist at the Sutton Plant (phone 910- 343 -3244 or e-mail rodnev.tvndall tt7r.oenmail.com) or Robin Bryson, Environmental Specialist at our Corporate Office (phone 919 -546 -3962 or email robin.brvson(a)nenmail.com). I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquire of the person or persons who manage the system, or those persons directly responsible,for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submilting false information, including the possibility offenes and imprisonment for knowing violations. Enclosures c: Robin Bryson Dean Hunkele, DWQ, Kent Tyndall Progress Energy Carolinas, Inc. Sutton Steam Pant Sul Sutton Stea n ?last Fm;i FNilmin�pnn, tV[' 7R71f11 Wilmington Regional Office Respectfully your , Allen A. Clare Plant Manager - Sutton 20 L.. y 12 PAGE IOF3 • s'oo1L+D.�t92 EFFLUENT NPDES Famit No. N00001422 Dodwge No. 001 MoNll Apf Year 2012 F=W Name 4 V. Sutton Ekkft PkNN Clw PIC•1 (burry Now Hw~ Opwsbr to Raporbie Chwr Wile P AklNRW Grade PIC -1 PM w (910) 3413270 Certi/ed Lebwo6Pia (1) EnvkorrnwdM Cholli qi, MG •2 Pmgrm Enom Cwawuf -SIMon Swm Electric PMIM (3) cudl IFORC hu Cluged Paso) (s) Cdeanp S taborakwV 60!61 "ORIORMM. wd ONE COPY b: ArM Cord FM b(1 D..dWar.QraYy MONATURF. OF OPERATOR Di RUPOI [BU CNARGF) DAIT Warn Owky&Dow hTb11sis - s. l Cal/7TWNTWRCW4 1617 M141 Servo Ca3rtt AMrM Asd Calarplele To TMe Oral O1M7 Ks6.led2e. Mkil) hfc27699,1617 M A.1.nww.aM....HS wry.e�.►..YArw % +ta•.+Yw _ •i Mw�7lbrteeYA.Pillfet..�awa+Ar Y•wtwW bri'aMe _ - S" ow)(1 004M SIa60 0" 40M3 TOM 01662 own 41147 06366 46625 a" II`•. i.ant• O.0 I&2 train 3 Mid lRbna.a ' 3Lw• Taw Tsar( fawn( Td Mere• iwd Tire Ti- ORC M.0 T.". R.." Not 1.w Mee 01M. 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April May June Ilk March Mairb \D'M May January **Total Suspen-ted Solids —oil & Grease lams V February M,:rcn jj --j _j__. Y Ammonia-Nitrogen j— Combine CVC19- water treatment. CCW. RO. IOW Volume (005)*** June JUN August September January February March April May Bi-Monthiv -*Total Suspended Solids ­"Oil & Grease pH ail Flow Combine Cvcie- HRSG. Aux Boiler (006)*** June July August September BI-Monthlv January February March April May I I **Oil & Grease *Total Suspended Solids PH MY Flow Collect "Reserve Sample" -f.**SarnPl!ng at outtalls WS and 006 begin with the commencement of this discharge.