NC0038822_CPA TX-2024-0004_20240321

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
ROY COOPER cd
Governor _
ELIZABETH S.BISERr=�*
Secretary •E .
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
March 21, 2024
CERTIFIED MAIL: 7014 0150 00014024 4513
RETURN RECEIPT REQUESTED
David Payne
Central Care Inc
139 Apex Ln
Mount Airy,NC 27030
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6)
NPDES Permit No.NCO038822/001
Central Care WWTP
Case No. TX-2024-0004
Surry County
Dear Permittee:
This letter transmits a Civil Penalty assessment against Central Care WWTP
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 September 2023 through November 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.NC0038822/001. The facility's toxicity self-monitoring reports revealed the
following effluent toxicity permit limit violations:
September 19,2023 FAIL(7-day P/F)non-compliant
October 17, 2023 63.6%(Cer7dChV)non-compliant
November 7,2023 > 100%(Cer7dChV)compliant
Based upon the above fact(s), I conclude as a matter of law that Central Care WWTP violated the terms,
conditions, or requirements of NPDES Permit No.NCO038822 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 Central Care WWTP:
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
Nem9CARQLKA D_E 919.743.8400
/`�

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
$ 1000 For 1 of 2 violation(s)of G.S. 143-215.1(a)(6)and NPDES
Permit No.NC0038822/001,by discharging waste into the
waters of the State in violation of the facility's permit
effluent limit for chronic toxicity for September 19,2023.
$ 1000 For 2 of 2 violation(s)of G.S. 143-215.1(a)(6)and NPDES
Permit No.NC0038822/001,by discharging waste into the
waters of the State in violation of the facility's permit
effluent limit for chronic toxicity for October 17,2023.
$ 69.48 DS 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 thir1y(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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
NORTH CAROUNA _
DW.m.mmem.—.10-1;\� 919.743.8400

DocuSign Envelope ID:F8F71476-DF5A-4425-B54E-2F2286584D44
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. 14313-282.1(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 Hearin a�pulation of Facts"form within
thigy(30)dgys of receipt of this notice. The Division of Water Resources also requests that
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
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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources I Bin Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
NORTH CAROUNA _
919.743.8400

DocuSign Envelope ID:F8F71476-DF5A-4425-B54E-2F2286584D44
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[phone] Facsimile: [phone]
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 919-743-8424 or Cindy Moore at 919-743-8422.
DocuSigned by:
3/18/2024 34A-4, `,
FE�SEBY7 _
Date Chris Johnson,Environmental Program Manager
Division of Water Resources,NCDEQ
ATTACHMENTS: Remissions Form,Waiver
CC: Arnie Ferguson(via email:[e-mail])
NCDEQ Winston-Salem Regional Office
ATB Enforcement File&Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
NORTH CAROUNA _
DW.m.mmem.—.10­1;\� 919.743.8400

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
JUSTIFICATION FOR REMISSION REQUEST
Case Number: TX-2024-0004 County: Surry
Assessed Party: Central Care WWTP
Permit No. (if applicable): NCO038822 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:
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
NORTH CAROLINA _
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DocuSign Envelope ID:F8F71476-DF5A-4425-B54E-2F2286584D44
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Central Care WWTP
NPDES PERMIT NO. NCO038822 CASE NO. TX-2024-0004
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 March 21, 2024, 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources I Bin Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
NORTH CAROUNA _
DW.m.mmem.—.10a i;\� 919.743.8400