NC0089087_LV20150070_20150521

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
May 18, 2015
CERTIFIED MAIL 7014 1200 0000 8628 7330 RECEIVEDIDENRlDWR
RETURN RECEIPT REQUESTED MAY 2 1 2015
Paul Young
Ergon Asphalt& Emulsion Inc Water Quality
PO Box 1639 Permitting Section
Jackson,MS 39215
SUBJECT: Notice of Violation and Civil Penalty Assessment
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0089087
Ergon Asphalt& Emulsion Inc
Ergon Asphalt & Emulsion
Case No. LV-2015-0070
Wilson County
Dear Mr. Young:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$ 553.71 ($
500.00 civil penalty+ $ 53.71 enforcement costs) against Ergon Asphalt& Emulsion Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Ergon Asphalt& Emulsion Inc for the month of October 2014.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0089087. The violations that occurred in October
2014 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Ergon Asphalt& Emulsion Inc violated
the terms, conditions or requirements of NPDES Permit NC0089087 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, Danny
Smith, Division of Water Resources Regional Supervisor for the Raleigh Region, hereby make the
following civil penalty assessment against Ergon Asphalt& Emulsion Inc:
Division of Water Resources,Raleigh Regional Office,Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center,Raleigh,NC 27699-1628 Phone:[phone]
Location: 3800 Barrett Drive,Raleigh,NC 27609 Fax:[phone]
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

Ergon Asphalt&Emulsion
Case No.LV-2015-0070
1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$ 250.00 NC0089087, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS-Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$ 250.00 NC0089087, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TURB.
$ 500.00 TOTAL CIVIL PENALTY
$ 53.71 Enforcement Costs
•
$ 553.71 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:
1. 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 and Expedited Permit Unit
Division of Water Resources—Water Quality Programs
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
•
OR
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

Ergon Asphalt&Emulsion
Case No.LV-2015-0070
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 Resources 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-282.1(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 Water Resources will review your evidence and inform you of
her 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 Resources—Water Quality Programs
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 and Expedited Permit Unit
Division of Water Resources—Water Quality Programs
1617-Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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:

Ergon Asphalt&Emulsion
Case No.LV-2015-0070 \t
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Sam M. Hayes, 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 Mitch Hayes of the Raleigh Regional Office at 919-791-4200.
/Sim ely,
(/ ci/l/7/ '`' ../- .
anny Smith,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
ATTACHMENTS
cc: Enforcement File w/attachments
Compliance and Expedited Permit Unit
Central Files w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2015-0070 County: Wilson
Assessed Party: Ergon Asphalt&Emulsion Inc
Permit No.: NC0089087 Amount Assessed: $ 553.71
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 (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 (Le., 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 WILSON
ERGON ASPHALT&EMULSION INC
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
ERGON ASPHALT&EMULSION ) STIPULATION OF FACTS
PERMIT NO.NC0089087 ) FILE NO. LV-2015-0070
Having been assessed civil penalties totaling$ 553.71 for violation(s)as set forth in the
assessment document of the Division of Water Resources—Water Quality Programs dated 5/18/2015,
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 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A -
Ergon Asphalt&Emulsion Inc
CASE NUMBER: LV-2015-0070
PERMIT: NC0089087 FACILITY: Ergon Asphalt&Emulsion COUNTY: Wilson REGION: Raleigh
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE UMIT VALUE UMIT VIOLATION TYPE
$250.00 10-2014 001 Effluent TSS-Conc 10/7/14 Monthly mg/I 45 54 20.0 Daily Maximum Exceeded
$20.00 1Q-2014 001 Effluent TURB 10/7/J4 Monthly ntu 50 60 20.0 Daily Maximum Exceeded