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Home My WebLink AboutNC0037737_PC20230013_20230501 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Roumelco Properties DBA Nantahala Village Facility Name: Nantahala Village WWTP Permit Number: NC0037737 County: Swain Case Number: PC-2023-0013 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; Unknown, the sand filters are not functioning as intended due to deferred maintenance, which has been causing effluent ammonia violations. 2) The duration and gravity of the violation; During the inspection, the sand filters were not operating as intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. 3) The effect on ground or surface water quantity or quality or on air quality; Unknown, the sand filters are not functioning as intended due to deferred maintenance, which has been causing effluent ammonia violations. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance would include the cost to replace the sand in the sand filters, as well as all the components associated with the sand filters. 6) Whether the violation was committed willfully or intentionally; We do not believe 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 There have been six CPAs issued in the past 12 months. 8) The cost to the State of the enforcement procedures. $126.51 ___________________ __________________________________________ Date Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE 5/1/2023 DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE Certified Mail # 7022 0410 0002 1249 8804 Return Receipt Requested May 1, 2023 Constantine Roumel Roumelco Properties DBA Nantahala Village 9400 Hwy 19 W Bryson City, NC 28713 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of NPDES WW Permit No. NC0037737 Roumelco Properties DBA Nantahala Village Nantahala Village WWTP Case No. PC-2023-0013 Swain County Dear Permittee: I. FINDINGS OF FACT: A. Roumelco Properties DBA Nantahala Village is a private entity organized and existing under the laws of the State of North Carolina. B. On April 30, 2018, Roumelco Properties DBA Nantahala Village was issued NPDES Permit Number NC0037737 effective June 1, 2018, for the operation and maintenance of a wastewater treatment plant located at the Nantahala Village WWTP, with the discharge of treated effluent into Nantahala River, classified as Class B; Trout in the Little Tennessee River Basin, in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina. C. The Nantahala River is classified as Class B; Trout in the Little Tennessee River Basin. D. On March 21, 2023, Lauren Armeni, Tim Heim, and Mara Chamlee of the Asheville Regional Office (ARO) of the Division of Water Resources (DWR), conducted a Compliance Evaluation Inspection of Nanahala Village WWTP. While onsite, DWR staff observed:  The sand filters are not operating as intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. E. On March 29, 2023, the Asheville Regional Office (ARO) of the DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV-2023-PC-0117) to Roumelco Properties DBA Nantahala Village. This NOV-NOI was issued in response to observations from an inspection on March 21, 2023. No response to the NOV-NOI was received. DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE F. NPDES PERMIT NO. NC0037737 contains the following relevant permit conditions: NPDES Permit NC0037737 Part II. Section C.2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operations and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit. G. A DWR file review confirmed that Roumelco Properties DBA Nantahala Village is not allowed as a condition of any permit, special order, or other appropriate instrument issued or entered into by the Commission under the provisions of this Article to violate water quality standards applicable to an assigned classification or to violate an effluent standard, limitations, permit conditions, or rules/regulations established for any point source. H. The cost to the State of the enforcement procedures in this matter totaled $126.51. Based upon the above Findings of Fact, I make the following: II. CONCLUSION OF LAW A. Roumelco Properties DBA Nantahala Village is a ‘person’ within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. The Nantahala River located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). C. Roumelco Properties DBA Nantahala Village was issued NPDES Permit No. NC0037737 in accordance with G.S. 143-215.1(a) for the operation and maintenance of a wastewater treatment plant and the discharge of wastewater in compliance with permit limits and conditions. On March 21, 2023, Roumelco Properties DBA Nantahala Village violated NPDES Permit NC0037737 Part II Section C. 2. by failing to properly operate and maintain the wastewater treatment plant because the sand filters were not operating as intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. D. Roumelco Properties DBA Nantahala Village may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. E. The State’s enforcement cost in this matter may be assessed against Roumelco Properties DBA Nantahala Village pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8). F. Daniel Boss of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, Roumelco Properties DBA Nantahala Village is hereby assessed a civil penalty of: $ 1,500.00 (1) of (1) violation of NPDES Permit NC0037737 Part II Section C. 2. by failing to properly operate and maintain the wastewater treatment plant because the sand filters are not operating as intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. $ 1,500.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A $ 126.51 Enforcement Cost $ 1,626.51 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 (30) 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 payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE Option 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 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 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 Resources also requests that you complete and submit the enclosed “Justification for Remission Request.” Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE Option 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 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 §150B-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: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 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 Lauren Armeni with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4500 or via email at lauren.armeni@ncdenr.gov. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Justification for Remission Request, Attachment A Ec: Laserfiche DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2023-0013 County: Swain Assessed Party: Roumelco Properties DBA Nantahala Village Permit No.: NC0037737 Amount Assessed: $1,626.51 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). ___ (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: DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Roumelco Properties DBA Nantahala Village ) Nantahala Village WWTP ) ) PERMIT NO. NC0037737 ) CASE NO. PC-2023-0013 Having been assessed civil penalties totaling $1,626.51 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 1, 2023, 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 ___________________________________________ DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE ATTACHMENT A Roumelco Properties DBA Nantahala Village CASE NUMBER: PC-2023-0013 PERMIT NO: NC0037737 REGION: Asheville FACILITY: Nantahala Village WWTP COUNTY: Swain ________________________________________________________________________________________________________________________________________________________________________________ VIOLATION VIOLATION PENALTY DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT ________________________________________________________________________________________________________________________________________________________________________________ 3/21/2023 Flow Measurement - Violation detected during A verifiable method of estimating flow is $0.00 Effluent inspection not being used. ________________________________________________________________________________________________________________________________________________________________________________ 3/21/2023 Operations & Maintenance Violation detected during The facility is not operating as intended $0.00 inspection due to widespread gross deferred maintenance and repair. ________________________________________________________________________________________________________________________________________________________________________________ 3/21/2023 Sand Filters (Low rate) Violation detected during The sand filters are not operating as $1,500.00 inspection intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. ________________________________________________________________________________________________________________________________________________________________________________ 3/21/2023 De-chlorination Violation detected during The structure supporting the $0.00 inspection de-chlorination tubes was rusted and one side was broken. ________________________________________________________________________________________________________________________________________________________________________________ 3/21/2023 Disinfection-Tablet Violation detected during The structure supporting the disinfection $0.00 inspection tubes was rusted and one side was broken. ________________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: BA49A46C-3A1D-4CB8-871E-7C3AF65238BE