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Home My WebLink AboutNC0080853_CPA TX-2023-0003_20231013 North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab 4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621 919.743.8400 October 13, 2023 CERTIFIED MAIL: 7012 2210 0002 3534 7805 RETURN RECEIPT REQUESTED G. John Galasso Nokia of America Corporation 600 Mountain Ave New Providence, NJ 07974 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) NPDES Permit No. NC0080853/001 Salem Business Park remediation site Case No. TX-2023-0003 Forsyth County Dear Permittee: This letter transmits a Civil Penalty assessment against Salem Business Park remediation site in the amount of $2,069.48 ($2,000 civil penalty + $69.48 enforcement costs). This assessment is based upon the following facts: A review of the facility’s toxicity self-monitoring data from the months of December 2022 through February 2023 has been conducted. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0080853/001. The facility’s toxicity self-monitoring reports revealed the following effluent toxicity permit limit violations: December 6, 2022 FAIL (7-day P/F) non-compliant January 11, 2023 >100% (Cer7dChV) compliant February 9, 2023 31.8% (Cer7dChV) non-compliant Based upon the above fact(s), I conclude as a matter of law that Salem Business Park remediation site violated the terms, conditions, or requirements of NPDES Permit No. NC0080853 and N.C.G.S 143- 215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.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 Environmental Quality and the Director of the Division of Water Resources, I, Chris Johnson, Environmental Program Manager, hereby make the following civil penalty assessment against Salem Business Park remediation site: DocuSign Envelope ID: 90E20F45-DC74-4117-9502-B5FFE1DC5266 North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab 4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621 919.743.8400 $ 1000 For 1 of 2 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0080853/001, by discharging waste into the waters of the State in violation of the facility’s permit effluent limit for chronic toxicity for December 6, 2022. $ 1000 For 2 of 2 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0080853/001, by discharging waste into the waters of the State in violation of the facility’s permit effluent limit for chronic toxicity for February 9, 2023. $ 69.48 Enforcement costs. $ 2,069.48 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 receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose 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 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 DocuSign Envelope ID: 90E20F45-DC74-4117-9502-B5FFE1DC5266 North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab 4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621 919.743.8400 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) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (2) the violator promptly abated continuing environmental damage resulting from the violation; (3) the violation was inadvertent or a result of an accident; (4) the violator had been assessed civil penalties for any previous violations; (5) 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 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 DocuSign Envelope ID: 90E20F45-DC74-4117-9502-B5FFE1DC5266 North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab 4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621 919.743.8400 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 for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 431-3000 Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. William Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Molly Nicholson at 919-743-8440 or Cindy Moore at 919-743-8442. ________________ _____________________________________ Date Chris Johnson, Environmental Program Manager Division of Water Resources, NCDEQ ATTACHMENTS: Remissions Form, Waiver CC: Conan Fitzgerald (via email: conan.fitzgerald@aecom.com) Cristin Dolan (via email: cristin.dolan@aecom.com) NCDEQ Winston-Salem Regional Office ATB Enforcement File & Laserfiche DocuSign Envelope ID: 90E20F45-DC74-4117-9502-B5FFE1DC5266 10/11/2023 North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab 4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621 919.743.8400 JUSTIFICATION FOR REMISSION REQUEST Case Number: TX-2023-0003 County: Forsyth Assessed Party: Salem Business Park remediation site Permit No. (if applicable): NC0080853 Amount Assessed: $ 2,069.48 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: DocuSign Envelope ID: 90E20F45-DC74-4117-9502-B5FFE1DC5266 North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab 4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621 919.743.8400 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF FORSYTH IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Salem Business Park remediation site NPDES PERMIT NO. NC0080853 CASE NO. TX-2023-0003 Having been assessed civil penalties totaling $2,069.48 for violation(s) as set forth in the assessment document of the Director of the Division of Water Resources dated October 13, 2023, the undersigned, desiring to seek remission of the civil penalties, 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 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: 90E20F45-DC74-4117-9502-B5FFE1DC5266