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HomeMy WebLinkAboutNC0044253_LV-2023-0087_20240410ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Envkw n enAW Quellty April 9, 2024 CERTIFIED MAIL 7019-1120-0001-4877-5515 RETURN RECEIPT REQUESTED Carlton V. Metts, Executive Director North Carolina Lions Foundation, Inc. PO Box 39 Sherrills Ford, North Carolina 28673-0039 Subject: Your Request to Remit Civil Penalties Case Number LV-2023-0087 NPDES Permit NCO044253 Camp Dogwood WWTP, WPCS Class WW-2 Camp Dogwood Drive, Sherrills Ford 28673 Catawba County Mr. Metts: The Division of Water Resources [DWR or the Division] has considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and has found no grounds to modify the initial civil penalty assessment of $458.03. This transmittal attaches a copy of DWR's remission decisions and justifications. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty, please make your check in the amount of $458.03 payable to the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of. Joe R. Corporon, P.G. NCDEQ / DWR/ NPDES Compliance and Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1' 2) You may request the Environmental Management Commission's (EMC's) Committee on Civil Penalty Remissions to make the final decision on your remission. Xn ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I Ib17 Mail Service Center I Raleigh. North Carolina 27699 1617 �ii�rrl4 919.707.9000 North Carolina Lions Foundation, Inc. Remission Decision - Case LV-2023-0087 If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with its supporting documents, and the recommendation of the Division of Water Resources will be delivered to the EMC's Committee on Civil Penalty Remissions for a final agency decision. You have the option to present your request in person to the EMC's Committee on Civil Penalty Remissions. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form [attached] to: Joe R. Corporon, P.G. NCDEQ / DWR/ NPDES Compliance and Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please be advised that if an in -person presentation is not requested, the Committee's decision regarding your remission request will be based upon the written record. Thank you for your continued cooperation in this matter. If you have questions, please email the undersigned at joe.corporon@deq.nc.gov. Sincerely, Joe ly. Corpor , P.G. NC EQ / D NPDES Cc� npliance d Expedited Permitting Unit Attachments ec: Laserfiche Files [letter + forms] NPDES Enforcement Files LV-2023-0087 Mooresville Regional Office (MRO), Attn. Wes Bell [wes.bell@deq.nc.gov] NC Lions, Inc, Carlton Metts [carlton@nclforg] NC Lions, Inc, Tammy [tmmy@nclf.org] North Carolina Lions Foundation, Inc. Remission Decision - Case LV-2023-0087 STATE OF NORTH CAROLINA ) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA ) DEQ Case Number LV-2023-0087 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION North Carolina Lions Foundation, Inc. ) Camp Dogwood WWTP ) 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. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My Dresentation 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. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non - lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the SIGNATURE ADDRESS day of 20 TITLE (President, Owner, etc.) TELEPHONE DocuSign Envelope ID: 1291 B5AC-8EDB-495F-BA56-C8BF2C67C2C6 Case Number: LV-2023-0087 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS and DECISIONS Case Number: LV-2023-0087 Region: MRO County: Catawba Assessed Entity: North Carolina Lions Foundation Permit: NCO044253 Camp Dogwood WWTP, WPCS Grade WW-2 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: [not asserted]. ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee Asserts: On December 28th, the facility received a fecal coliform result of 2419. 8/ col that exceeded the daily maximum allowable limit of 400/ col. Upon discovery, operators responded by ensuring that adequate chlorination was restored to prevent the recurrence of future fecal coliform exceedances. The plant experiences occasional rapid flow events due to the transient nature of the usage of the camp facilities. This has resulted in reduced contact time in the chlorine contact chamber during those instances, preventing adequate chlorination from taking place prior to leaving the effluent. As of February 2023, Kemp, Inc. advised that operations staff raise the V-notch weir at the chlorine contact chamber to increase contact time. The months of January and February 2023 were both compliant for fecal coliform, and no further fecal coliform exceedances have occurred since this time. Operations staff also received additional training on sampling technique and chlorine addition and will perform refresher training annually. DWR Response: Potential to adversely impact surface water quality: o fecal coliform violation 504.9% over permit limit. o receiving stream classified WS-IV & CA NOD-2022-LR-0022 — Late submittal of monitoring report — December 2021; NOV-2022-LR-0022 — Late submittal of monitoring report — January 2022; Case #: LR-2022-0002 — Late submittal of monitoring report — February 2022; NOV-2022-LR-0041 - Late submittal of monitoring report — March 2022; NOV-2022-PC-0379 — Violations detected during inspection — July 2022; Case #: MV-2023-0004 — Effluent monitoring violations — September 2022; Case #: LV-2023-0041 — Fecal Coliform DMV — November 2022. MRO recommends no remission. ❑ (c) Whether the violation was inadvertent or the result of an accident: [not asserted]. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: [not asserted]: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: [not asserted]. DocuSign Envelope ID: 1291B5AC-8EDB-495F-BA56-C8BF2C67C2C6 Case Number: LV-2023-0087 CPA $458.03 [$275.00 civil penalties plus $183.03 Costs] DECISION (Check One) Request Denied ED Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑ Original Penalty (without Enforcement Costs) Partial Remission ❑ Subtotal $275.00 $0.00 $275.00 Retaining Enforcement Costs $183.03 Total Revised Assessment $458.03 DocuSigned by: 4/5/2024 832044CEGIEMA1... John E. Hennessy, Section Chief Date Water Quality Regional Operations Division of Water Resources Civil Penalty Assessment (CPA) Summary Based upon the findings of fact and conclusions of law, I, Andrew H. Pitner, Regional Supervisor, Mooresville Regional Office hereby makes the following civil penalty assessment for the month of December 2022 against the North Carolina Lions Foundation, Inc, Camp Dogwood: $275.00 1 of 1 violations of G. S. 143- 215. 1 (a)(6) and Permit No. NC0044253, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for Fecal Coliform, MF, MFC Broth, 44.5 C $275.00 TOTAL CIVIL PENALTY $183.03 Enforcement Costs $458.03 TOTAL AMOUNT DUE