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HomeMy WebLinkAboutNC0044253_MV-2023-0004 Remission (Request)_20230214February 14, 2023 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. NC0044253 North Carolina Lions Foundation INC Camp Dogwood WWTP Case No. MV-2023-0004 Catawba County Mr. Pitner, Thank you for allowing the North Carolina Lions Foundation, Inc. the opportunity to respond to the Notice of Violation dated February 8, 2023; received February 10, 2023; regarding the (1) fecal coliform daily maximum exceedance event that occurred at the Camp Dogwood WWTP during the December 2022 monitoring period. On September 15t, 2022; the facility was in the process of transferring operational duties of the WWTP to a new operations team. A transitional error occurred that resulted in a miscommunication between the new operations staff and the previous ORC, resulting in routine (once -weekly) samples (BOD, TSS, Fecal Coliform, Temperature, Total Residual Chlorine [required twice weekly], Flow, and pH) being inadvertently missed. Routine monitoring resumed the following week, and no further samples have been missed since this occurrence. To prevent any future recurrences of this error, sample schedules have been distributed to all operations staff to adhere to moving forward. It is always the goal of North Carolina Lions Foundation to remain in compliance with regulations set forth by the Division of Water Resources. The factors contributing to this violation are being addressed to prevent future noncompliance events. It is our request that our cooperation and action in these matters be taken into account by the Division when proceeding with enforcement. Sincerely, etbadat-71, 7c Carlton Metts North Carolina Lions Foundation, Inc. Camp Dogwood WWTP CC: Daniel Gatewood, Envirolink, Inc. Todd Robinson, Envirolink, Inc. JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2023-0004 Assessed Party: North Carolina Lions Foundation Inc Permit No.: NC0044253 County: Catawba Amount Assessed: $600.03 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). x (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 (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: On September lst, 2022; the facility was in the process of transferring operational duties of the WWTP to a new operations team. A transitional error occurred that resulted in a miscommunication between the new operations staff and the previous ORC, resulting in routine (once -weekly) samples (BOD, TSS, Fecal Coliform, Temperature, Total Residual Chlorine [required twice weekly], Flow, and pH) being inadvertently missed. Routine monitoring resumed the following week, and no further samples have been missed since this occurrence. To prevent any future recurrences of this error, sample schedules have been distributed to all operations staff to adhere to moving forward. STATE OF NO RTH CAROLINA DEPARTMENT OF ENVIRONMENTAL Q J\.DTI COUNTY OF CAT AWBA IN THE MATIER OFASSESSMENT OF CIVIL PENALTIES AGAINST North Carolina Lions Foundation Inc Camp Dogwood WWTP PERMIT NO. NC0044253 WAIYER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. MV-2023-0004 I -laving been assessed civil penalties totaling $600.03 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 8. 2023, the undersi gned, 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 subm itted to the Director of the Division of Water Resources within thirty (30) days ofreceipt of the notice of assessment. No new evidence in suppott of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the 14 day of FEBRUARY 2023 SIGNATURE ADDRESS 7062 CAMP DOGWOOD DR. SHERRILLS FORD, NC 28763 TELEPHONE (828) 478-2135 ATTACHMENT A North Carolina Lions Foundation Inc CASE NUMBER: MV-2023-0004 P -' -VPiD FEB 10 2023 PERMIT: NC0044253 REGION: Mooresville FACILITY: Camp Dogwood WWTP MONITORING VIOLATION(S) SAM PLE LOCATION: Outfall 001 - Effluent COUNTY: Catawba Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 9/3/2022 9-2022 BOD, 5-Day (20 Deg. Weekly mg/1 Frequency C) - Concentration Violation 9/3/2022 9-2022 Chlorine, Total 2 X week ug/I Frequency Residual Violation $75.00 $100.00 9/3/2022 9-2022 Coliform, Fecal MF, Weekly #/100m1 Frequency MFC Broth, 44.5 C Violation $74.00 9/3/2022 9-2022 Flow, in conduit or thru Weekly mgd Frequency treatment plant Violation 9/3/2022 9-2022 pH Weekly su Frequency Violation 9/3/2022 9-2022 Solids, Total Weekly mg/1 Frequency Suspended - Violation Concentration $50.00 $50.00 $68.00 9/3/2022 9-2022 Temperature, Water Weekly deg c Frequency Deg. Centigrade Violation $0.00