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
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Pemmw (Plane prat w 1.ye)
Sapael.e d Pemrrtw"
DOC
801 Sutton Steam Plud Rd. Wilmington, NC 29401
(910) 34.3•3200
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Quarterly
Total Arsenic
January
2012 NPDES SAMPLE CHECKOFF SHEET
May June --
Coolin4 Pond (001)
Total Selenium
Quarterly
January
February March April
May June July
August September
Toxicity
xxxxxxxxxxxx
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1xxxxxxxxxxxx Ixxxxxxxxxxxx
�xxxxxxxxxxxx
Total Copper
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Total Mercury
Dike Inspection
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January
February March April
May June July
August September
Total Nitrogen (NO2 +NO3 +TKN)
Weekly
Nitrogen
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February March April
Total Phosphorus
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February March April
May June July
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I I I I I I I I
ll
New Ash Pond 1004}
Quarterly
Total Arsenic
January
r February March April
May June --
lu August SentErnb ,-r
Total Selenium
Monthly
"Total
January
February March April
May Ju1`10
dv 1,u �uSl i;�tt;til:;f'.f
Suspended Solids
""Oil & Grease
�_ I
Dike Inspection
Weekly
Nitrogen
January
February March April
May Aire
July ust - -S�e-__ oteml}c::
Aut qAmmonia-
l l
Three time Der vear
March
June
Groundwater
*Collect "Reserve Sample"
Old Ash Pond (002)
Quarteriv January FebruArV
Total Arsenic
Te,tnj SeiQ0,MM
2012 NPDES SAMPLE CHECKOFF SHEET
43ppternber August . 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.