NC0051608_LV20150181_20150929

Pat McCrory
Governor
CR
North Carolina Department of Environment and Natural Resources
September 9, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3410
RETURN RECEIPT REQUESTED
Mr. Rick Sain
Catawba County Schools
P.O. Box 1010
Newton, NC 28658-1010
Dear Mr. Sain:
Donald van der Vaart
Secretary
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051608
Bandys High School WWTP
Catawba County
Case No. LV -2015-0181
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$396.97 ($250 civil penalty + $146.97 enforcement costs) against Catawba County Schools.
This assessment is based upon the following facts: A review has been conducted of the self-
monitoring data reported for October 2014. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0051608. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Catawba County Schools
violated the terms, conditions, or requirements of NPDES Permit No. NCO051608 and North Carolina
General Statute (G. S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil
_penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2).
Based upon the above findings lof fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, I; Michael. L:� Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil -penalty. assessment against. Catawba County -Schools:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone]! Fax. [phone]\ Customer Service: 1-877-623-6748
Internet http.//portal,ncdenr.orgiwebAvq
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$ 250.00
For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051608, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
$ 250.00 , TOTAL CIVIL PENALTY
$ 146.97 Enforcement costs
396.97 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 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;
(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.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
m.
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 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 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 G.S. 14313-282.1(b) were
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 information 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 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 "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
1'
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 § 15013-23.2) 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENR
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 notice, 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 about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
(Da )
ATTACHMENTS
Michael L. Parker, Region 1 Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. LV -2015-0181
Outfall Date Parameter Reported Value Permit Limit
001 10/31/2014 Ammonia 9.65 mg/1* 7.7 mg/1(Monthly Average)
* Denotes civil penalty assessment
Catawba County Schools responses to NOV-2015-LV-0100 received on March 16, 2015
was reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil
penalty amount.