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HomeMy WebLinkAboutNC0047091_LV20150153_20150902Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources September 2, 2015 CERTIFIED MAIL 7015 0640 0002 9299 3243 RETURN RECEIPT REQUESTED Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 Dear Mr. Boggs: Donald van der Vaart Secretary RECEIVEDIDENRIDWR SEP 1 1 2015 Water Quality Permitting Section 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. NCO047091 Silver Maples Community WWTP Cabarrus County Case No. LV -2015-0153 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1521.97 ($1375 civil penalty + $146.97 enforcement costs) against KBI, LLC. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for May 2014. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0047091. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that KBI, LLC violated the terms, conditions, or requirements of NPDES Permit No. NCO047091 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 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, I, Michael L. Parker, Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against KBI, LLC: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/webtwq An Equal Opporturity 1 AfS, na; ve Acton Employer — 30% Recycled/10% Pos! Consumer paper W, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary September 3, 2015 Mr. Logan Boggs KBI, LLC 80 South Lake Avenue, Suite 719 Pasadena, California 91101 SUBJECT: Corrected Enforcement Package NPDES Permit No. NCO047091 Silver Maples Community WWTP Cabarrus County Case No. LV -2015-0153 Dear Mr. Boggs: This Office issued the original Notice of Violation and Assessment of Civil Penalty on September 2, 2015 for effluent limit violations reported on the May 2014 DMR. Upon further review of the document, it was determined that the incorrect month was noted and, therefore the applicable pages in this enforcement package have been updated to reflect this correction. Please replace the applicable pages in the original enforcement package with the attached corrected pages. We apologize for any inconveniences in this matter. Should you have any questions concerning the report, please do not hesitate to contact me at (704) 235-2190 or at ori.tuvianncdenr.gov. Sincerely, Ori Tuvia, Environmental Engineer Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, DENR Enclosure: Corrected Pages cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments MSC 1617 — Central files basement Mooresville Regional Office Location: 610 East Center Ave.. Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 1, Customer Service- 1-877-623-6748 Intemet: http:/,Iportal.ncdenr.org/vebtwq An Equal Cpportur;ity 1 Affirnatwe Accor Employer -50% Recycled/10% Post Consumer paper