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HomeMy WebLinkAboutNC0044725_LV-2014-0096_20140701TrackEnforcementCase Payment Remission Petition Collection Settlement f Related'Cases C Comments Events Summary Related Violations PeOalty Assessed Review Case Number. LV-2014-0095 NOV: OV-20141V-0243 NOD: Site#:Project#: :Save' Permit NC0044725 Details... SOC: AD: a Details.., Monitoring Report 12 2013 Details... FacilityMal. urinburglndustnatlNYVTP Details : Region: Fayetteville Count: catland Owner. Laurinbur�=tAaxtonAirportCommiss fdaintain. Incident Details... lnspedDt Details . g i CentralOfice Login Date, Comments: Regional Con(act,l8rantley, Enforcement Contact t o Ann Gentry Salutation for Letter. I is. Genby Penalty Assessed Date:107l01f20i4 Remission Request: EMC Hearing Date: LetterNte:0710112014 Remission Acknowledged: Remission Amount PedVAmount 250.00 Ent. Cont. Date: EfIG Results Received: Damages: Remission Amount: EnforcementCost 141.56 Ent Cont Letter Date, Petition in OAH: Tota(`CasePenalty 5399.56 Facility Rcvd. Ent. Conf. Ltr.: Remission Amount Facility Received F&D: 7lt3f2014 Total Amount Due: 4:00 Case to Collection: Response Due By_ . 8112t2014 Total Amount Paid: 5391.5tf Settlement Requested. < 3acit Net r Finish A4*LA WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 1, 2014 CERTII+'IED MAIL RETURN RECEIPT REQUESTED 7010 3090 00013169 7322 Jo Ann Gentry Laurinburg-Maxton Airport Commission 16701 Airport Rd Maxton, NC 28364 John E. Skvarla, III Secretary 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 Permit NCO044725 Laurinburg-Maxton Airport Commission Laurinburg Industrial WWTP Case No. LV-2014-0096 Scotland County Dear Ms. Gentry: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $391.56 ($250.00 civil penalty + $141.56 enforcement costs) against Laurinburg-Maxton Airport Commission. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Laurinburg-Maxton Airport Commission for the month of December 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0044725. The violations which occurred in December 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Laurinburg-Maxton Airport Commission violated the terms, conditions or requirements of NPDES Permit NCOO44725 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 Resources, I, Belinda S. Henson, Division of Water Resources Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against Laurinburg-Maxton Airport Commission: Fayetteville Regional Office 225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095 Main Phone: 910-433-3300 1 Internet: http://www,ncdenr,gov DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Laurinbur2-Maxton Airport Commission County: Scotland Case Number: LV-2014-0096 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; ➢ No lasting harm to the natural resources of the State, to the public health, or any damage to private property was reported due to this violation. 2) The duration and gravity of the violation; ➢ This facility had a weekly BOD violation that met enforcement criteria. 3) The effect on ground or surface water quantity or quality or on air quality; ➢ No observed effect of surface water quantity or quality has been documented from this violation. 4) The cost of rectifying the damage; ➢ At this time a cost cannot be determined. 5) The amount of money saved by noncompliance; ➢ It is not apparent that any money was saved from this non-compliance event. 6) Whether the violation was committed willfully or intentionally; ➢ It is the opinion of the FRO that this violation was not 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 ➢ This facility has not had a civil penalty assessed against it within the past 12 months. 8) The cost to the State of the enforcement procedures. ➢ Enforcement cost to the state totaled $141.56 �- l -1 Date Belinda S. Henson Regional Supervisor Division of Water Resources NCDENR fijr, NC®EWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 1, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 3090 00013169 7322 Jo Ann Gentry Laurinburg-Maxton Airport Commission 16701 Airport Rd Maxton, NC 28364 John E. Skvarla, III Secretary 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 Permit NCO044725 Laurinburg-Maxton Airport Commission Laurinburg Industrial WWTP Case No. LV-2014-0096 Scotland County Dear Ms. Gentry: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $391.56 ($250.00 civil penalty + $141.56 enforcement costs) against Laurinburg-Maxton Airport Commission. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Laurinburg-Maxton Airport Commission for the month of December 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0044725. The violations which occurred in December 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Laurinburg-Maxton Airport Commission violated the terms, conditions or requirements of NPDES Permit NCO044725 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 Resources, I, Belinda S. Henson, Division of Water Resources Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against Laurinburg-Maxton Airport Commission: Fayetteville Regional Office 225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095 Main Phone: 910-433-3300 1 Internet: http://www.ncdenr.gov 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $250.00 NC0044725, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for BOD - Cone. $250.00 TOTAL CIVIL PENALTY $141.56 Enforcement Costs $391.56 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 days of receipt of this notice, you must do one of the following: Submit payment 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K. 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 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 143B-282.I (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 m. 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Lacy Presnell, General Counsel Department of Environment and Natural Resources 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 the Surface Water staff of the Fayetteville Regional Office at 910-433-3300. Sincerely, 4 Belinda S. Henson Regional Supervisor Division of Water Resources NCDENR ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2014-0096 County: Scotland Assessed Party: Laurinburg-Maxton Airport Commission Permit No. (if applicable): NC0044725 Amount Assessed: $391.56 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 applies. 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 ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Scotland Laurinburg-Maxton Airport Commission IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Laurinburg Industrial WWTP ) STIPULATION OF FACTS PERMIT NO. NCO044725 ) FILE NO. LV-2014-0096 Having been assessed civil penalties totaling $391.56 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 1, 2014, 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 fiu ther 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 SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Laurinburg-Maxton.Airport Commission CASE NUMBER: LV-2014-0096 PERMIT: NCO044725 FACILITY: Laurinburg Industrial WWTP COUNTY: Scotland REGION: Fayetteville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 12-2013 001 Effluent BOD - Conc 12/21/13 3 X week mgll 22.5 27.07 20.30 Weekly Average Exceeded NPDES PERMIT NO.: NCO044725 PERMIT VERSION: 3.0 PERMIT STATUS • Active FACILITY NAME: Laurinburg Industrial WWTP CLASS: WW-3. COUNTY: Scotland OWNER NAME: Laurinburg-Maxton Airport ORC: James Thomas Croke ORC CERT NUMBER: 25542 Commission GRADE: WW-3. ORC HAS CHANGED: No eDMR PERIOD: 12-2013 (December 2013) VERSION: 1.0 STATUS: Processed COMPLIANCE: Compliant CONTACT PHONE 4: 9108445081 SUBMISSION DATE: 01/24/2014 SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001-' NO DISCHARGE*: NO,: A EF H e U E 3 - cQ U n F E E+ - 9 a O y c O F+ F a O in c O a O o a a Z 50050 00010 00400 50060 C0310 C0610 C0530 31616 00300 Continuous 3 X week 3 X week 3 X week 3 Xweek 3 X week 3 X week 3 X week 3 X week Recorder Grab Grab Grab - Composite Composite Composite Grab Crab FLOW TEMP-C PH CHLORINE I ROD -Cone N113-N-Conc TSS - Cone FEC COLT DO 2400 Hrs 2400 Hrs YB/N mgd deg c su ugh mg/1 mg/1 mg/I #/100ml m8/I 1 0.406 4.3 0.7 <3.3 2 0.434 13.9 6.69 <25 2.5 0.3 <2.5 6.99 3 0.462 14.6 6.64 <25 3.2 3.5 <2.5 <1 6.77 4 0.488 15.2 6.69 <25 5 0.486 <l 6 0.5 7 0.384 8 0.478 9 0.5 14.4 7.02 <25 15.2 17.4 5 5.58 10 0.639 15.5 7.03 <25 8.6 17.6 <3.3 13 6.2 11 0.371 14.1 7.03 <25 7.1 18.8 <5 1 5.28 12 0.362 1 13 0.451 14 0.585 15 0.494 1 16 0.543 r24 10.8 17 0.443 32 --2r7,6 (J23.6 &.6 12.3 <1 18 0.544 14 6.27 <25 > :G 18 7.4 1 6.27 19 0.414 13.4 7.3 <25 r !WWII 10 6.49 20 0.446 14.3 6.27 6.12 21 0.423 22 0.423 2.5 0.4 <2.5 23 0.526 17.2 6.73 <25 2.4 0.2 <3.3 <1 6.74 24 0.369 13.4 6.87 <25 <I 6.03 251 0.331 12.8 7.35 <25 6.06 26 0.446 <2 0.1 <16 27 0.384 I 28 0.356 29 0.523 <2 <0.1 <5 30 0.526 13.8 7.37 <25 4.2 0.2 <3.3 <1 7.58 31 0.483 14 < 1 6.92 Monthly Average Limit: 2 tt 15 10 15 200 Monthly Average: 0.46 14.3286 4 9.37 8.74 2.54 1.42 6.4021 Daily Maximum: 0.639 17.2 7,37 29.6 23.6 12.3 13 7.58 Daily Minimum: 0.331 12.8 6.27 0 0 0 0 0 5.28 Monthly Avg % Removal (85 % ): �..2 FEB 05 2014 NPDES PERMIT NO.: NCO044725 FACILITY NAME: Laurinburg Industrial WWTP OWNER NAME: Laurinburg-Maxton Airport Commission GRADE: WW-3. eDMR PERIOD: 12-2013 (December 2013) COMPLIANCE: Compliant PERMIT VERSION: 3.0 CLASS: WW-3. ORC: James Thomas Croke ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 9108445081 PERMIT STATUS: Active COUNTY: Scotland ORC CERT NUMBER: 25542 STATUS: Processed SUBMISSION DATE: 01/24/2014 ORC/Certifier Sig re: James Thomas Croke E-Mail:jcroke@lmairport.com Phone #:910-844-5010 By this signature, I certify that this report is accurate and complete to the best of my knowledge. Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. COMMENTS: 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 inquiry of the person or persons who managed 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 sbmitting false information, including the possibility of fines and imprisonment for knowing violations. /11 - I Permittee/Submitter Signature:*' JoAnn H Ge Permittee Address: 16701 Airport Rd Maxton NC 28364 Permi LAB NAME: The Best Lab 01/24/2014 E-Mail:j§entry@lmairport.com Phone #:910-844-5081 Date ation Date: 07/31/2014 CERTIFIED LABORATORIES CERTIFIED LAB #: 37 PERSON(s) COLLECTING SAMPLES: JAMES CROKE , MICKEY OXENDINE PARAMETER CODES Parameter Codes assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting the Surface Water Protection Section's web site at http://portal.ncdenr.org/web/wq/swp and linking to the unit's information pages. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G ,0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Permit Enforcement History Details by Owner Owner: Laurinburg-Maxton Airport Commission Facility : Laurinburg Industrial WWTP Permit-: NCO044725 Region: Fayetteville County : Scotland Penalty Remission Enf Enf EMC EMC OAH Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission Case MR Approved Damages Received Held Amount Held Amount Amount PP Amount Costs Number Collection MemoSent Total To AGO Paid 6/24/2014 1 Balance Due Has Pmt Plan Case Closed LV-1997-0077 2/19/98 $11,787.50 $499.19 3/19/98 5/27/98 $0 $12,286.69 $0.00 No 7/1198 LV-1998-0302 1/8/99 $1,500.00 $72.19 $0.00 $1,572.19 $0.00 No 2/8/99 LV-2002-0467 9/23/02 $1,250.00 $75.21 $1,325.21 $0.00 No 10/11/02 LV-2003-0154 3/3103 $250.00 $63.35 $313.35 $0.00 No 3/20/03 LV-2003-0362 1-2003 5/1/03 $1,000.00 $63.35 $1,063.35 $0.00 No 5/30/03 LV-2003-0428 2-2003 6/4/03 $250.00 $63.35 $313.35 $0.00 No 6/26/03 LV-2003-0567 5-2003 8/26/03 $250.00 $63.35 $313.35 $0.00 No 9/16/03 LV-2004-0132 12-2003 5/25/04 $250.00 $58.28 $308.28 $0.00 No 6/4/04 LV-2004-0147 1-2004 6/4/04 $250.00 $58.28 $308.28 $0.00 No 7/7/04 LV-2005-0101 11-2004 3/7/05 $250.00 $58.28 $308.28 $0.00 No 3/22/05 LV-2005-0152 12-2004 4/13/05 $250.00 $58.28 $308.28 $0.00 No 5/3/05 LV-2006-0019 10-2005 5/19/06 $1,250.00 $71.31 2/22/06 12/28/06 $0 $1,321.31 $0.00 No 2/13/07 PC-2007-0027 5/11/07 $95,000.00 $2,543.20 $75,000.00 $0.00 No 1/1/09 TX-2007-0004 7/20107 $3,000.00 $62.40 $3,062.40 $0.00 No 8/10/07 TX-2008-0002 4/28/08 $3,000.00 $64.84 $3,064.84 $0.00 No 5/15/08 LV-2008-0236 3-2008 7110/08 $500.00 $115.17 $615.17 $0.00 No 7/25/08 TX-2008-0006 7/28/08 $3,750.00 $64.84 $3,814.84 6/24/2014 2 $0.00 No 8/7/08 LV-2008-0460 9-2008 12/21/08 $500.00 $135.15 $635.15 $0.00 No 1/28/09 TX-2009-0001 1/28/09 $3,000.00 $64.84 $3,064.84 $0.00 No 2/13/09 TX-2009-0008 4/30/09 $3,750.00 $64.84 $3,814.84 $0.00 No 5/20/09 LV-2009-0215 4-2009 7/10/09 $500.00 $135.17 $635.17 $0.00 No 8/4/09 TX-2009-0014 7/27/09 $2,000.00 $64.84 $2,064.84 $0.00 No 8/13/09 LV-2010-0365 7-2010 11/1/10 $250.00 $135.17 $385.17 $0.00 No 11/8/10 LV-2011-0085 1-2011 3/31/11 $1,000.00 $135.17 $1,135.17 $0.00 No 4/13/11 LV-2013-0056 11-2012 4/2/13 $250.00 $141.56 $391.56 $0.00 No 4/22/13 Total Cases: 25 Total Penalty Amount: $135,038 Total Enforcement Cost: $4931.61 Sum Of Total Paid: $117,425.91 Total Balance Due: $0.00 Sum of Total Case Penalties: $139,969.11 Total Penalties After Remissions: $117,425.91 Payment �Remrsston Petition ,'Colleon �Sgitlement = Re[atedCases `omrnents Evenfs , Summary s BeRetatedVioiatonenm CaseNumber V42014�1496 NOV: OV 2ti14-LV-0243x, , N01): ; `rt Site# Profed Save = v t Permit C0044725 Details s, SOC AD:tlo De%i(5.: Monitoring Report 1 2Ei13 ° ; t)etailsf ' Sal e aunrIndusfialWWTP : be Region: ayeiteville a ounf Seo nd C O>"'ner iLaurin6urgM�xtonAtrpoitCoinm�ss .aiarntain , . ln�dent,� Do ff . tnspedUt 0etaills.� r Repwttfi t Pe>nui o 4ngin,r . l ocahon ; Viot Categary pffameer Date Description , Naloollsrs 112 2013 INCOO44725 1001 Ouent UmitViiolatian 80D, 5-Day t20._ 1201l2G13 WeeVJvAverage E 1$250.00 , u xi � Penally Waid ROAssessed 3COAssessed E rtF&OLetter Penal �eaila �`� [, NOW Assessed -EnforcementContad .Gentry,JoAnn t otlify¢; Penalty,Amount 25Q40 1 � Letter dale, L�tierSalutation: Ms. Genfry _ _w _i: .. ➢amages: I j f h E&D Reeeived hY, dIV-1� Regionat Contact:Brantl=&Iark Enforcement Cost' $141.56 f DaysResponeDueQ� DateResp©nse.Bue _.��Total Penal6es. , �156u` t Back fde,'=.f� t 1=znleh vGancel ,. � r: I 'Glaubn foundI Ready { _ _ Page 1t1 SiD ENPS WDENK North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 30, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 3090 00013169 7308 Jo Ann Gentry Laurinburg-Maxton Airport Commission 16701 Airport Rd Maxton NC 28364 John E. Skvarla, III Secretary Subject: Notice of Violation and Recommendation for Enforcement, NOV-2014-LV-0243 Permit No. NCO044725 Laurinburg Industrial WWTP Scotland County Dear Ms. Gentry: A review of Laurinburg Industrial WWTP's monitoring report for December 2013 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - Concentration 12/21/13 22.5 mg/l 27.07 mg/1 Weekly Average Exceeded A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0044725. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of yourresponse will be considered along with any information provided on the December 2013 Discharge Monitoring Report. Fayetteville Regional Office 225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095 Main Phone: 910-433-3300 1 Internet: http://Www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by Recycled Paper You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mark Brantley, Environmental Chemist, of this Office for additional information. Sincerely, 0&L,& j � Belinda S. Henson Regional Supervisor Division of Water Resources Cc: W_Q Central Files RO* Pules