NC0070459_LV20150193_20150914

NC ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 14, 2015
CERTIFIED MAIL #7011-1570-0001-8546-0800 RECEIVEDIDENRIDWR
RETURN RECEIPT REQUESTED
Todd Martin SEP 2 1 *2015
Yadkin County Board of Education
121 Washington St WaMi CIUB_ Son
Yadkinville, NC 27055 Pemlilthlg 59c,ti
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO070459
Yadkin County Board of Education
Starmount High School WWTP
Case No. LV -2015-0193
Yadkin County
Dear Mr. Martin:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $
603.19 ($ 450.00 civil penalty + $ 153.19 enforcement costs) against the Yadkin County Board of
Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Yadkin County Board of Education for the month of May
2015. This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0070459. The violations, which occurred in May
2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Yadkin County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO070459 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, 1, W. Corey Basinger, Water Quality Regional Operations Supervisor
for the Winston-Salem Region, hereby make the following civil penalty assessment against the Yadkin
County Board of Education:
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone; 336-776-98001 Internet; www,ncwater.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

r4
ii
,f
a
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'.
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
2. Submit a written request for remission 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
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$ 200.00
NC0070459, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$ 250.00
NC0070459, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for NH3-N - Cone.
,$450.00,
TOTAL CIVIL PENALTY
$153.19
Enforcement Costs
$603.1`9 `
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'.
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
2. Submit a written request for remission 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) were
wrongfully applied to the detriment of the violator;
(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 has 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,
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:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 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, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
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.
If you have any questions, please contact Ron Boone of the Winston-Salem Regional Office at 336-776-
9800.
Sincerely,
..� A
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachments
cc: WSRO Files w/attachments
SW Central Files w/attachments
PSB-NPDES — Charles Weaver
I.,

STATE OF NORTH CAROLINA
COUNTY OF
REQUEST FOR REMISSION
YADKIN COUNTY BOARD OF EDUCATION
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
STARMOUNT HIGH SCHOOL WWTP )
PERMIT NO. NCO070459 )
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0193
Having been assessed civil penalties totaling $ 603.19 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated 9/14/2015, 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 120
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV -2015-0193 County: Yadkin
Assessed Party: Yadkin County Board of Education, Starmount High School WWTP
Permit No. (if applicable): NC0079459 Amount Assessed: $ 603.19
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission. Waiver of 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 penafty 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:

STATE OF NORTH CAROLINA
COUNTY OF YAIDKf[N
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
STARMOUNT HIGH SCHOOL WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV -2015-0193
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
o Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
s My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5) minutes in length.

This the day of 9 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

ATTACHMENT A
Yadkin County Board of Education
CASE NUMBER LV -2015-0193
PERMIT: NCO070459 FACILITY: Starmount High School WWTP COUNTY. Yadkin REGION: Winston-Salem
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$10000
5-2015
001
Effluent
FEC COLI
5/6/15
Weekly
#/100ml
400
12000
2,9000
Daily Maximum Exceeded
$10000
5-2015
001
Effluent
FEC COLI
5/19/15
Weekly
#/loom]
400
4400
1,0000
Daily Maximum Exceeded
$25000
5-2015
001
Effluent
NH3-N - Conc
5/31/15
Weekly
mg/I
210
280
333
Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: STARMOUNT HIGH SCHOOL WWTP
County: YADKIN
Case Number: LV -2015-0193
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;
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;
P,
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
y
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
kA,-,fn�-
8) The cost to the State of the enforcement procedures. S-3 1,5
Date W. Corey Basinger
Surface Water Regional Supervisor
Winston-Salem Regional Office