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HomeMy WebLinkAboutNC0065358_PC20230032_20231101ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL 7020 3160 0002 0860 6436 RETURN RECEIPT REQUESTED November 1, 2023 S I P Hidden Forest, LLC Sean Dyer, Owner 665 Hancock St, Ste 3 Quincy, MA 02170-2868 SUBJECT: ASSESSMENT of CIVIL PENALTIES for Violations of NPDES Permit NCO065358 Hidden Forest Estates WWTP Case Number: PC-2023-0032 Randolph County Dear Mr. Dyer: This letter transmits a notice of a civil penalty assessed against S I P Hidden Forest, LLC in the amount of $6,441.84 ($6,000.00 civil penalty + $441.84 in enforcement costs). This assessment is based upon the following facts: Division of Water Resources, Winston-Salem Regional Office (DWR/WSRO) staff conducted a compliance evaluation inspection (CEI) of the Hidden Forest Estates WWTP on September 22, 2022, pursuant to the facility's NPDES discharge permit number NC0065358. Several permit violations were noted during the inspection and a Notice of Violation with Intent to Enforce, tracking number NOV-2022-PC-0647, was issued. A follow up inspection was conducted on May 15, 2023. As a result, DWR issued to the owner of the facility Notice of Continuing Violation (NOV- 2022-PC-0647) on July 5, 2023. Based upon the above facts, I conclude as a matter of law that S I P Hidden Forest, LLC violated the terms, conditions, or requirements of NPDES Permit NCO065358 in the manner and extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a), 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 Environmental Quality and the Director of the Moan D_'E' North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Division of Water Resources, I hereby make the following civil penalty assessment against S I P Hidden Forest, LLC: 500.00 For 1 of 1 violation(s) of NPDES Permit No. NCO065358 Part II. Section C. Paragraph 1 by failing to officially designate an Operator in Responsible Charge and a Backup Operator in Responsible Charge as required. 5 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCO065358 Part II. Section C. Paragraph 2 byfailingto provide required maintenance and repairto keep the facility in sound structural and mechanical condition. 500.00 For 1 of 1 violation(s) of NPDES Permit No. NCO065358 Part 11. Section D. Paragraph 6 by failing to retain all such records on file as required. 6 000.00 TOTAL CIVIL PENALTY 441.84 Enforcement Costs 6,441.84 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. 14313- 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 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: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly 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 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: NORTH CAROLINAD ��I osw�m�.m m F,mro��Mx n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand -deliver a copy of the petition to: 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. NORTH CAROLINAD E Q oeo+ro�.m m F,mro���w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 If you have any questions about this letter, please contact Ron Boone of the Winston-Salem Regional Office at 336.776.9690 or via e-mail at ron.boone@deg.ncgov. Sincerely, DocuSigned by: OD2D3CE3F1 B7456... Jennifer F. Graznak, Assistant Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Attachments: 1. Waiver of Right to an Administrative Hearing and Stipulation of Facts 2. Justification for Remission Request 3. Findings and Decision and Assessment of Civil Penalties NORTH CAROLINAD E Q oeo+ro�.m m F,mro���w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 STATE OF NORTH CAROLINA COUNTY OF Randolph IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST S I P Hidden Forest, LLC Hidden Forest Estates WWTP PERMIT NO. NCO065358 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2023-0032 Having been assessed civil penalties totaling $6,441.84 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 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 120 PRINTED NAME SIGNATURE ADDRESS TELEPHONE REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: PC-2023-0032 Assessed Entity: S I P Hidden Forest, LLC Permit No.: NCO065358 County: Randolph Amount Assessed: $6,441.84 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: NORTH CAROLINAD � �� oeo+ro�.m m F,mro���w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: S I P Hidden Forest, LLC — Hidden Forest Estates WWTP County: Randolph Case Number: PC-2023-0032 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; The NPDES permit directs the permittee to maintain the system to prevent a range of problems, which could lead to harm to the natural resources of the state. 2) The duration and gravity of the violation; The gravity of the violations is considered moderately significant because they have persisted for more than a year. 3) The effect on ground or surface water quantity or quality or on air quality; The existence of the issues noted above presents risk of such violations becoming more frequent and damaging. 4) The cost of rectifying the damage; These costs have not been calculated specifically but are assumed to equal the amount of money the permittee would spend to maintain permit compliance. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance has not been specifically calculated but is assumed to equal the amount of money the permittee would have spent to maintain permit compliance. 6) Whether the violation was committed willfully or intentionally; DWR has no evidence that the violations are either willful or intentional. 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 D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly The facility has experienced five effluent violations since the initial inspection of September 2022. In the five years preceding the inspection the facility experienced 30 effluent violations. 8) The cost to the State of the enforcement procedures. $441.84 The assessment factors listed above were considered. However, since this case pertains to the non -submittal of required information, impacts are unknown. DooccuSSiigneedby: 11/1/2023 E OD2D3CE3F1 B7456_. Date Jennifer F. Graznak, Assistant Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NC DEQ REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 naparMeM of EmironmanW 9uallly STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF CASE NO. PC-2023-0032 S I P Hidden Forest, LLC Hidden Forest Estates WWTP FOR VIOLATIONS OF: NPDES PERMIT NO. NCO065358 AND NC General Statute 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jennifer F. Graznak, of the Division of Water Resources (hereby known as DWR), make the following: I91019110[CEO]aye«I A. S I P Hidden Forest, LLC is a person organized and existing under the laws of the State of North Carolina. B. On April 21, 2023, S I P Hidden Forest, LLC was issued NPDES Permit Number NCO065358 effective June 1, 2023, for the operation and maintenance of a wastewater treatment plant located at the Hidden Forest Estates WWTP, with the discharge of treated effluent into an unnamed tributary to Deep River, which is classified as water supply IV, critical area, critical supply watershed subject to special management strategies in 15A NCAC 02B .0248, in the Cape Fear River Basin, in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina. C. The Deep River is classified as water supply IV, critical area, critical supply watershed subject to special management strategies in 15A NCAC 02B .0248 in the Cape Fear River Basin. D. On October 13, 2022, the Winston-Salem Regional Office of DWR issued a Notice of Violation/Notice of Intent to Enforce NOV-2022-PC-0647 to S I P Hidden Forest, LLC. This NOV-NOI was issued in response to a compliance evaluation inspection the RO conducted on September 22, 2022. E. The violations DWR noted during this inspection are detailed in the table below: NORTH CAROLINAD E Q oeo+ro�.m m F,mro���w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 F PERMIT VIOLATIONS 1. The outfall is completely inaccessible, and its location is unknown. 2. Composite sampling is NOT flow proportional. 3. Only one operator is designated, and he no longer works there. 4. Insufficient operation and maintenance: plant has severe corrosion, multiple components not in operation, and several temporary repair measures. 5. The permanent onsite generator is NOT operational. 6. Records pre -April 2022, when the personnel currently operating the facility assumed operations, are not available. 7. The plant's security fence is compromised, and it is not surrounding the entire facility. NPDES PERMIT NO. NCO065358 contains the following relevant permit conditions: • NPDES Permit NCO065358 Part I. Section A.(1.) • NPDES Permit NCO065358 Part 11. Section A. • NPDES Permit NCO065358 Part II. Section C. Para2aah 1 • NPDES Permit NCO065358 Part 11. Section C. Paragaph 2 • NPDES Permit NCO065358 Part 11. Section C. Paragaph 7 • NPDES Permit NCO065358 Part II. Section D. Paragaph 6 G. A DWR file review confirmed that S I P Hidden Forest, LLC 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 any effluent standards, limitations, permit conditions, or rules/regulations established for any point source. H. DWR never received a letter from S I P Hidden Forest, LLC in response to the Notice of Violation -Notice of Intent to Enforce NOV-2022-PC-0647. A follow up inspection was conducted on May 15, 2023, to determine whether any of the above violations identified in the September 2022 inspection had been corrected. The follow up inspection revealed that the generator had been repaired and was operational, the fence repaired and facility secured, and the outfall had been moved at some point in the past to the middle of an adjacent water body and is now located inaccessibly underwater. This change was never properly recorded, and the exact location of the outfall is unknown. In addition, the RO granted the facility a waiver from using flow proportional composite sampling on August 1, 2023, thereby eliminating the composite sampling violation. J. Therefore, the violations that remained uncorrected from the September 2022 inspection are detailed in the table below: NORTH CARCLINAD ��R o.o+ro..m m EnNmnmenfnl n..i� North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 PERMIT VIOLATIONS APPLICABLE PERMIT CONDITION 1. Composite sampling is NOT flow proportional. Part II. Section A. (Requirement not waived until August 1, 2023.) 2. Only one operator is designated, and he no longer Part II. Section C. works there. Paragraph 1 3. Insufficient operation and maintenance: plant has Part II. Section C. severe corrosion, multiple components not in Paragraph 2 operation, and several temporary repair measures. 4. Records pre -April 2022, when the personnel Part II. Section D. currently operating the facility assumed operations, Paragraph 6 are not available. K. The RO issued Notice of Continuing Violation & Recommendation for Enforcement, NOV-2023-PC-0647, which granted the permittee a ten-day period after reception of the notice to respond in writing to justify the violations and give projected corrective actions with estimated implementation schedules. L. The RO never received a written response from the permittee and no further communication has been received from the permittee since then. M. The cost to the State of the enforcement procedures in this matter totaled 441.84. Based upon the above Findings of Fact, I make the following: II. CONCLUSION OF LAW A. S I P Hidden Forest, LLC is a 'person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. The Deep River located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). C. S I P Hidden Forest, LLC was issued NPDES Permit No. NCO065358 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. D. On May 15, 2023, S I P Hidden Forest, LLC violated NPDES Permit NC0065358; REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly • Part II, Section C. Paragraph 1 by not properly and officially designating Operators and Backup Operators in Responsible Charge; • Part 11. Section C. Paragraph 2 by not sufficiently maintaining the facility by allowing corrosion and other disrepair to persist unabated throughout the facility and allowing permitted components of the facility to become and remain inoperable indefinitely; and, • Part 11. Section D Paragraph 6. by not maintaining the required documentation on hand as required. E. S I P Hidden Forest, LLC 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. F. The State's enforcement cost in this matter may be assessed against S I P Hidden Forest, LLC pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8). G. Jennifer F. Graznak, 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. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, S I P Hidden Forest, LLC is hereby assessed a civil penalty of: 500.00 1 of 1 violation of NPDES Permit NCO065358 Part II Section C Paragraph 1 by not properly and officially designating Operators and Backup Operators in Responsible Charge. 5,000.00 1 of 1 violation of NPDES Permit NCO065358 Part II Section C Paragraph 2 by not sufficiently maintaining the facility by allowing corrosion and other disrepair to persist unabated throughout the facility and allowing permitted components of the facility to become and remain inoperable indefinitely. 500.00 1 of 1 violation of NPDES Permit NCO065358 Part II Section D Paragraph 6 by not maintaining the required documentation on hand as required. 6 000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A 441.84 Enforcement Cost 6,441.84 TOTAL AMOUNT DUE NORTH CAROLINAD��` ��I 0_u Mo Emimnmen 9uei� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in 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 violations; (2) The duration and gravity of the violations; (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 violations were 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. DocuSigned by: 11/1/2023 3mt'� 4. 0D2D3CE3F1B7456... Date Jennifer F. Graznak Division of Water Resources REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 naparMeM of EmironmanW 9uallly