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HomeMy WebLinkAboutNC0044253_Remission Decision (LV-2023-0041)_20230419DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-8llC810F9E2E ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality 4/19/2023 CERTIFIED MAIL 7019 1120 00014877 6000 RETURN RECEIPT REQUESTED North Carolina Lions Foundation Inc ATTN: Carlton Metts PO Box 39 Sherrills Ford, NC 28673 Subject: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Camp Dogwood WWTP Catawba County PERMIT NO: NCO044253 CASE NO: LV-2023-0041 Dear Permittee: The Division has considered the information submitted in support of your request for remission in the subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the original civil penalty assessment of $633.03. If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of receipt of this letter. Please make the check payable to Department of Environmental Quality. If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to: Siying Chen NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH C of Envi A 919.707.9000 DapaMmem of EnWmnmemal Dual DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Siying Chen at 919-707-3619 or via e-mail at siying.chen@ncdenr.gov. Sincerely, DocuSigned by: 8328B44CE9EB4A1... Richard E. Rogers, Jr. Director, Division of Water Resources Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation Sheet ec: Laserfiche NCDEQ Mooresville Regional Office D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Depdme of EnW A 919.707.9000 Deparimem M EnWronmamal Duali� DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2023-0041 Region: Mooresville County: Catawba Assessed Entity: North Carolina Lions Foundation Inc. Permit: NCO044253 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Permittee States: DWR Response: ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee States: The facility was assessed for fecal coliform violations in November 2022. Upon discovery, operators responded by performing additional chlorination to ensure that the effluent was adequately disinfected. As of February 2023, Kemp, Inc. advised that operations staff raise the V- notch weir at the chlorine contact chamber to increase contact time. The months of January and February 2023 were both compliant for fecal coliform, and no further fecal coliform exceedances have occurred since this time. Operations staff also received additional training on sampling technique and chlorine addition, and will perform refresher training annually. DWR Response: MRO agrees with the corrective actions implemented to increase the chlorine contact time and ensure proper sampling techniques and chlorine additions. However, the corrective actions should have been implemented earlier than February 2023. ® (c) Whether the violation was inadvertent or a result of an accident: Permittee States: The plant experiences occasional rapid flow events due to the transient usage of the camp facilities, which can result in reduced contact time in the chlorine contact chamber during those instances, preventing adequate chlorination from taking place. DWR Response: The violations are attributed to the elevated flows during the increased usage of the camp facilities. The modification noted in (b) should assist with managing issues associated with upsurges in flow and chlorine contact time. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Permittee States: DWR Response: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Permittee States: DWR Response: DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E DECISION (Check One) Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Original Penalty (without Enforcement Costs) Partial Remission ❑ % $ 450.00 or S Subtotal Retaining Enforcement Costs Total Revised Assessment DOCUSigned by: 8328B44CE9EB4A1... (enter amount) (amount remitted) $ 450.00 $ 633.03 4/19/2023 for Richard E. Rogers, Jr. Date Director, Division of Water Resources DocuSign Envelope ID: 37558724-32A9-43C5-A4CE-811C810F9E2E NCO044253 Remission Decision STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: NORTH CAROLINA LIONS FOUNDATION INC. ENVIRONMENTAL MANAGEMENT COMMISSION DWR Case Number LV-2023-0041 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non - lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of 20 SIGNATURE ADDRESS TITLE (President, Owner, etc.) TELEPHONE