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Home My WebLink AboutNC0036196_Remission Decision (LV-2024-0097)_20240729 ri ,.i,.1d ROY COOPER ' i)_f? - Governor WI�%,r:c,.�+ - l ELIZABETH S.BISER Tr Secretary ' —” r ,.W ' RICHARD E.ROGERS,JR. G` 'A"N'`b NORTH CAROLINA Environmental Quality July 24, 2024 CERTIFIED MAIL 7099-1120-0001-4877-7182 RETURN RECEIPT REQUESTED Eric Jones, Superintendent City of Newton PO Box 550 City of Newton,North Carolina 28673-0039 Subject: DWR Remission Decision Civil Penalties Case Number LV-2024-0097 NPDES Permit NC0036196 Clark Creek WWTP, WPCS Class WW-4 Catawba County Mr. Jones: The Division of Water Resources has considered the information you submitted in support of your request to remit civil penalties in the subject case, and the Director, in consultation with the Mooresville Regional Office (MRO) has granted full remission including investigative costs [CPA $3,772.13 ($3,570.00 civil penalties plus $202.03 Costs)], in accordance with G.S. 143-215.6A(f). A copy of this remission decision is attached. This case is closed, no further action required. Thank you for your cooperation in this matter. If you have questions, please email the undersigned at [j oe.corporon@deq.nc.gov]. Sincerely Joe R. orporon, P.G. Centra Office - Region 1 Office Contact (ROC) for MRO ' NCq Q/D PDES Permitting/En ironmental Compliance Attachments: ec: Laserfiche Files [NC0036196 letter and attachments] NPDES Enforcement Files LV-2024-0097 Mooresville Regional Office(MRO),Attn. Wes Bell [wes.bell@deq.nc.gov] Mooresville Regional Office(MRO),Attn.Andrew Pitner[andrew.pitner@deq.nc.gov] City of Newton,James D. Wentz, Public Works Director[dwentz@newtonnc.gov] City of Newton,Eric Jones, Superintendent[ejones@newtonnc.gov] -§ North Carolina Department of Environmental Quality I Division of Water Resources " A _ „i 512 North Salisbury Street 11617 Mall Service Center I Raleigh.North Carolina 27699-1617 e�.� i �amom\ /w, 919.707.9000 Docusign Envelope ID:9AB603EF-FF3B-41B7-9B7C-1CC623A40BB2 Case Number:LV-2024-0097 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS and DECISIONS Case Number: LV-2024-0097 Region: MRO County: Catawba Assessed Entity: City of Newton Permit: NC0036196 City of Newton WWTP,WPCS Grade WW-4 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Permittee[not asserted]: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee[not asserted]: r (c) Whether the violation was inadvertent or the result of an accident: Permittee Asserts: [paraphrased] In response to violations for Total Aluminum,Monthly Average and Daily Max(MA/DM),we requested in writing that DWR not add these limits. DWR added them based on reasonable potential. With both limits MA and DM,Newton [fears] we will continue to receive NOVs for both, and we feel this is not fair. We sample Monthly. This sampling has never shown these high tests results. We sample our industries according to our permits [Pre-Treatment Program]. We observed the high results [Total Aluminum] when we were not testing our industries,so finding out which industry dumped to the collection system is now impossible. DWR Response: NPDES Permitting Unit determined that the aluminum effluent limits were issued in error and as such, the permit is modified to replace the aluminum limits with monitory only requirement. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Permittee Asserts:[paraphrased] We only sample Monthly, didn't have time to retest to lower the MA. In the past we've had no violations when we checked for Aluminum. This was just added to this permit. DWR—no Response. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Permittee[not asserted]: Docusign Envelope ID:9AB603EF-FF3B-41B7-9B7C-1CC623A40BB2 Case Number:LV-2024-0097 CPA$3,772.13 [$3,570.00 civil penalties plus $202.03 Costs] Full Remission recommended; limits for Total Aluminum removed from the permit—now Quarterly Monitoring only based on latest RPA. DECISION(Check One) Request Denied ❑ Full Remission ® Retain Enforcement Costs? Yes ❑ No Original Penalty(without Enforcement Costs) $3,570.00 Enforcement Costs $202.13 Total Revised Assessment $0.0 DocuSigned by: �` ,,, 7/19/2024 8328B44CE9EB4A1... John E. Hennessy Date Civil Penalty Assessment (CPA) Summary I,Andrew H. Pitner, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against the City of Newton: $510. 00 1 of 1 violations of G.S. 143-215. 1(a)(6)and Permit No.NC0036196, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for Aluminum,Total(as Al). $3,060. 00 1 of 1 violations of G.S. 143-215. 1(a)(6)and Permit No.NC0036196,by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for Aluminum,Total(as Al). $3,570. 00 TOTAL CIVIL PENALTY $202.13 Enforcement Costs $3,722.13 TOTAL AMOUNT DUE Docusign Envelope ID:9AB603EF-FF3B-41B7-9B7C-1CC623A40BB2 ROY COOPER Governor %�� - 4 ELIZABETH S.BISERekk Secretary ffi �� RICHARD E.ROGERS,JR. NORTH CAROLINA Director - Environmental Quality Certified Mail#7022 0410 0000 7789 6708 Return Receipt Requested April 19,2024 James Wentz,Director Public Works City of Newton PO Box 550 Newton,NC 28658-4321 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.NC0036196 City of Newton Clark Creek WWTP Case No. LV-2024-0097 Catawba County Dear Mr.Wentz: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$3,772.13 ($3,570.00 civil penalty+$202.13 enforcement costs)against City of Newton. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR)submitted by City of Newton for the month of January 2024. 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.NC0036196. The violations,which occurred in January 2024,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that City of Newton violated the terms,conditions or requirements of NPDES WW Permit No.NC0036196 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). D Q.,. Nor h CaroYma Department of Fmirorunental Quality I Division of Water Resources ��p/+ Mooresville Regional 0111ce l 610 East Center Avenue.Suite 301 I Mooresville,North Carolina 28115 =24:: 704 6631699 Docusign Envelope ID:9AB603EF-FF3B-41B7-9B7C-1CC623A40BB2 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,Andrew H.Pitner,Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against City of Newton: $510.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0036196,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Aluminum,Total(as Al) $3,060.00 I of I violations of G.S. 143-215.1(a)(6) and Permit No.NC0036196,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Aluminum,Total(as Al) $3,570.00 TOTAL CIVIL PENALTY $202.13 Enforcement Costs $3,772.13 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 thirty(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(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 Docusign Envelope ID:9AB603EF-FF3B-41B7-9B7C-1CC623A40BB2 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 Docusign Envelope ID:9AB603EF-FF3B-41B7-9B7C-1CC623A40BB2 Option 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 §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 and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh,NC 27699 6714 Tel: (919)431-3000 Fax: (919)431-3100 One(1)copy of the petition must also be served on DEQ as follows: Mr.William F. Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 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. If you have any questions,please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional Office at(704)235-2192 or via email atMailhall@deq.nc.gov. Sincerely, EDocuSigned by: 14441.w H P F161FB69A2D64A3.. Andrew H. Pitner,P.G.,Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office-Enforcement File(Laserfiche) NPDES Compliance/Enforcement Unit-Enforcement File(Laserfiche)