HomeMy WebLinkAboutNC0060526_Remission Request (MV-2023-0010)_20230608 Authentisign ID:E5EC16C3-3C06-EE11-907B-6045BDED1B5F
June 7,2023
Mr. Scott Vinson,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
Subject:Notice of Violation and Intent to Assess Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0060526
Pope Industrial Park II Ltd Partnership
Case No. MV-2023-0010
Wake County
Mr. Vinson,
Please accept this as Pope Industrial Park II Ltd Partnership response to the Notice of Violation
issued May 10,2023 and;received May 30,2023.The violation was related to a frequency monitoring
violation(s) that occurred during the December 2022 monitoring period, for BOD, Fecal Coliform.
Ammonia, Total Suspended Solids, and Temperature.
The monitoring violation occurred due the miss handling of the lab samples for this period.We have
conducted a thorough investigation into the matter but unfortunately the samples could not be located.
We are working with the laboratory to put protocols in place,to avoid future incidents.
We have reviewed our internal procedures and are now requiring the sample collector to submit
electronic evidence via the Chain of Custody, that then can be compared to samples log as received
by the laboratory. The goal is to allow the operator to become aware of any discrepancies so that
additional samples can be collected within the required time frames. It is always our goal to remain
in compliance with regulations set forth by the Division of Water Resources.
Sincerely,
Daniel Sears
Environmental Compliance Manager
CC: Duke Finley,Pope Industrial Park II Ltd Partnership
William Lamm,Envirolink,Inc.
Joshua Powers,Envirolink,Inc.
Authentisign ID:E5EC16C3-3C06-EE11-907B-6045BDED1B5F
JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2023-0010 County: Wake
Assessed Party: Pope Industrial Park II Ltd Partnership
Permit No.: NC0060526 Amount Assessed: $498.06
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. § 14313-282.1(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. 14313-282.1(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);
X (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:
The monitoring violation occurred due the miss handling of the lab samples for this period. We have conducted a
thorough investigation into the matter but unfortunately the samples could not be located. We are working with the
laboratory to put protocols in place, to avoid future incidents.
Authentisign ID:E5EC16C3-3C06-EE11-907B-6045BDED1B5F
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Pope Industrial Park H Ltd Partnership )
Pope Industrial Park WWTP )
PERMIT NO.NCO060526 ) CASE NO. MV-2023-0010
Having been assessed civil penalties totaling$498.06 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated May 10,2023, 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 8th day of June 2023
[bAï¿œuke
ti,enti
Fhley
SIGNATURE
ADDRESS
Pope Industrial Park
PO Box 97215
Raleigh, NC 27624
TELEPHONE
919-621-2693
Authentisign ID:E5EC16C3-3C06-EE11-907B-6045BDED1B5F
r ATTACHMENT A
Pope Industrial Park II Ltd Partnership
CASE NUMBER: MV-2023-0010
PERMIT: NCO060526 REGION: Raleigh
FACILITY: Pope Industrial Park WWTP COUNTY: Wake
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
12/31/2022 12-2022 BOD, 5-Day(20 Deg. Weekly mg/I Frequency $87.50
C)-Concentration Violation
12/31/2022 12-2022 Coliform, Fecal MF, Weekly #/loom[ Frequency $87.50
MFC Broth,44.5 C Violation
12/31/2022 12-2022 Nitrogen,Ammonia Weekly mg/I Frequency $87.50
Total(as N)- Violation
Concentration
12/31/2022 12-2022 Solids,Total Weekly mg/I Frequency $87.50
Suspended- Violation
Concentration
12/31/2022 12-2022 Temperature,Water 5 X week deg c Frequency $43.75
Deg. Centigrade Violation