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HomeMy WebLinkAboutNC0040355_LV-2016-0045_20160202 h PAT MCCRORY GowrnQr DONALD R. VAN DER VAART Secreta: Water Resources £NViRONMENrAL auALITY S. JAY ZIMMERMAN D rector Certified Mail# 7014 0510 0000 4466 1001 Return Receipt Requested January 29,2016 Eunice L Tingle RECEIVEDINCUE��,EEB 0 2 2�" V Royal Oaks Inc Water Quality 200 Golfwatch Rd permitting Section Canton,NC 28716 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 WW Permit No.NC0040355 Royal Oaks Inc Springdale Country Club WWTP Case No. LV-2016-0045 Haywood County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$259.26 ($100.00 civil penalty+ $159.26 enforcement costs)against Royal Oaks Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Royal Oaks Inc for the month of July 2015. 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.NC0040355. The violations, which occurred in July 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Royal Oaks Inc violated the terms, conditions or requirements of NPDES WW Permit No. NC0040355 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Royal Oaks Inc: State of North Carolina I Environmental Quality Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 , Option 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 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)was 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 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 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 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0045 County: Haywood Assessed Party: Royal Oaks Inc/Springdale CC Permit No.: NC0040355 Amount Assessed: $259.26 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 apply. 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: ATTACHMENT A Royal Oaks Inc CASE NUMBER: LV-2016-0045 PERMIT: NC0040355 FACILITY: Springdale Country Club WWTP COUNTY: Haywood REGION: Asheville Limit Violations MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 7-2015 001 Effluent BOD-Conc 7/8/15 Weekly mg/I 45 69.50 54.4 Daily Maximum Exceeded $0.00 7-2015 001 Effluent BOO-Conc 7/31/15 Weekly mg/I 30 32.20 7.2 Monthly Average Exceeded DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT(? .0 Violator: Royal Oaks Inc Facility Name: Springdale Country Club WWTP Permit Number: NC0040355 County: Haywood Case Number: LV-2016-0045 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; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 54.44%. One Monthly Average BOD exceeded the permit limit by 7.2%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 There have been two civil penalty assessments in the twelve months prior to this assessment. 8) The cost to the State of the enforcement procedures. $159.26 Date G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ EFFLUENT / NPDES PERMIT NO. NC0040355 DISCHARGE NO. 001 MONTH July YEAR 2015 FACILITY NAME Royal Oaks Inc. CLASS 11 COUNTY_Haywood CERTIFIED LABORATORY(I) Goldie Associates (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE(ORC) Gifford C.Raulerson GRADE 2 CERTIFICATION NO. 10126 PERSON(S)COLLECTING SAMPLES Gifford C.Raulerson ORC PHONE 828-734-9534 CHECK BOX IF ORC HAS CHAN NO FLOW/DISCHARGE FROM SITE* Mail ORIGINAL and ONE COP 1 : / ' ATTN:CENTRAL FILES C -, /l ,� x /_4,-,,_ C. _ ��y,0, , t 4 ;15 DIVISION OF WATER QUALITY' . ,-.�::.; ( IGNA P PE' . OR IN RES'8NSIBLE-'A'GE) ;A 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, CERTIFY THAT THIS REPORT ISp j RALEIGH,NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. e...10 i,r), 0 • ,, 50050 00010 00400 50060 00310 00610'_ 00530 31616 00300 00600 00665 I 1 S t FLOW g MMj ENTER PARAMETER CODE ABOVE /14 1C G .; EFF O 1 rn ti S w a W k7 a i I�il Z a W a NAME AND UNITS BELOW q =x a0 C >' w .w a KU O�q r 20 8riz U,;1 O›" OC F- o C < g u "per. ` /' �z 1"e Va AO l" z a C a oC _ dbi.rarlo v ARS HRS Y/B/N MGD ° C UNITS UG/L MG/L MG/L MG/L 10/100ML MG/L MG/L MG/L 1 9:00 0.3 Y 0.003 183 1 1.6 1 2 8:05 0.3 Y 0.002 3 8:25 0.3 Y 0.002, RECEIVED 4 0.002 g 6 8:35 0.3 Y 0.003 17 6.9 16 SEP 0.1. 2G15 7 82d 0.2 Y 0.003 CNT()P.L FIDES 8 9:00 0.3 Y 0.0032.7 1 9 8:30 02 Y 0.002 DWR$ECTLON 10 8:15 0.3 Y 0.001 19 11 0.001 12 0.002 _ 13 8:40 0.3 Y 0:003_ 17 7 . 22 - 14 12:45 0.3 Y 0.003 _ r, 7 15 9:00 0.3 Y 0.005 24:5 1 2.4 1 a .a-' 16 8:10 0.2 Y 0.004 17 15:x0 0:3 Y 0.004 -185,y ._. rn 18 0.002 t 19 - 0.002 --4.4-1.-- ,, . G'C) res 20 8:30 0.3 Y 0.002 17 7 21 ,.1^i,, ,;': Pes .. 21 9:20 0.3 Y 0.002 22 9:00 0.3 Y 0.002 32.2 4 i 1, ' 2316:050.2 Y 0.001 f. N� 2\ ' \J _. 24 15 so 0.3 Y 0.001 25 . 7 , 25 0.002 t 5 W .- - 8/011s 26 0.003 l'ali ion2\QO`�cG , 27 9:40 0.3 Y 0.003 18 6.9 23 a� r �Cr' [t av 28 11:30 0.3 Y 0.003 \ << `�-Ne,"... ' `!' 29 9:0o 0.3 Y 0.003 16.3 2.4 1 \ 1,:f;. "} s 30 s•l0 0.2 Y 0.005 ��,r ' 31 8:20 03 Y 0.004 23 T.' s_t 9i!'- { AVERAGE 0.0025806 17.25 21 P I 2.62 I +ty t ,f- MAXIMUM 0.005 18 7 25 I 4 I N..10;"‘..- MINIMUM 0 001 17 6.9 16 16.3 1 1.6 1 - Comp.(C)/Grab(G) 11111111 * Moodily limit .050 MGD 6.0 9.0 28 MG/L 30/45 30/45 200/400 0 l ptie. DWQ F MR-1(11/04) N61- P / io/zZ /Ve /- pis- LV- o6 g/ /S i7Z9/4 -\/'�j6/ - 06 f Re: Royal Oaks, Inc. I think what is going on is that the plant has had a small flow of one to three thousand gallons a day. I think people are using high concentrated cleaners of wax strippers. The golf course has an industrial washing machine and at times the plants are being overwhelmed with chemicals, which in turn kills off good bugs.