NC0004308_Notice of Violation (LV-2024-0169)_20240819

Docusign Envelope ID:65180BC2-F8FB-4BCO-B684-51CDE1AF8C3A
ROY COOPER y,
Governor ,...
ELIZABETH S. BISER '. r4, k w¢
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Secretary ✓.
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RICHARD E. ROGERS,JR. avo 40.241
Director NORTH CAROLINA
Environmental Quality
August 15,2024
Certified Mail#7019 1120 0001 4877 7113
Return Receipt Requested
Robyn L Gross,Americas Asset Director Management
Badin Business Park LLC
201 Isabella St
Ste 500
Pittsburgh, PA 15212-5858
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 Permit NC0004308
Badin Business Park LLC-Badin Business Park
Case No. LV-2024-0169
Stanly County
Dear Ms. Gross:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,520.00
($2,370.00 civil penalty+$150.00 enforcement costs)against Badin Business Park LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge
Monitoring Reports(DMRs) submitted by Badin Business Park LLC for the months of July 2023 through
October 2023. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0004308. The violations,which occurred
during July-October 2023,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Badin Business Park LLC violated the teens,
conditions or requirements of NPDES Permit NC0004308 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 Enviromnental Quality, I,John E. Hennessy, Section Chief of the
Division of Water Resources' Water Quality Regional Operations Section,hereby make the following civil
penalty assessment against Badin Business Park LLC:
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Docusign Envelope ID:65180BC2-F8FB-4BCO-B684-51CDE1AF8C3A
Ms. Robin Gross
Case LV-2024-0169—Badin Business Park,LLC
p. 2
$2,370.00 for 3 of 4 violations of G.S. 143-215.1(a)(6)and Permit NC0004308,by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for
Fluoride,Total(as F) during the months of July 2023 through October 2023.
$2,370.00 TOTAL CIVIL PENALTY
$150.00 Enforcement Costs
$2,520.00 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:
NPDES Water Quality Permitting Section
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Docusign Envelope ID:65180BC2-F8FB-4BCO-B684-51CDE1AF8C3A
Ms. Robin Gross
Case LV-2024-0169—Badin Business Park,LLC
P. 3
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:
NPDES Water Quality Permitting Section
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Docusign Envelope ID:65180BC2-F8FB-4BCO-B684-51CDE1AF8C3A
Ms. Robin Gross
Case LV-2024-0169—Badin Business Park,LLC
p. 4
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: [phone]
Fax: [phone]
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.

Docusign Envelope ID:65180BC2-F8FB-4BC0-B684-51CDE1AF8C3A
Ms.Robin Gross
Case LV-2024-0169—Badin Business Park,LLC
p. 5
If you have any questions,please contact Bob Sledge with the Division of Water Resources' Water Quality
Regional Operations Section staff at(919)707-3602,or via email at [e-mail].
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
John E.Hennessy, Section Chief
Water Quality Regional Operations Section
Division of Water Resources,NCDEQ
ATTACHMENTS
ec: WQROS Mooresville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
Laserfiche Files

ATTACHMENT A
Badin Business Park LLC
CASE NUMBER: LV-2024-0169
PERMIT: NC0004308 REGION: Mooresville
FACILITY: Badin Business Park COUNTY: Stanly
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 005-Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
7/31/2023 7-2023 Fluoride,Total(as F) Monthly mg/I 1.80 1.88 4.44 Monthly $0.00
Average
Exceeded
8/31/2023 8-2023 Fluoride,Total(as F) Monthly mg/I 1.80 2.33 29.16 Monthly $790.00
Average
Exceeded
9/30/2023 9-2023 Fluoride,Total(as F) Monthly mg/I 1.80 2.6 44.44 Monthly $790.00
Average
Exceeded
10/31/2023 10-2023 Fluoride,Total(as F) Monthly mg/I 1.80 2.27 26.93 Monthly $790.00
Average
Exceeded

Docusign Envelope ID:65180BC2-F8FB-4BCO-B684-51CDE1AF8C3A
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Badin Business Park LLC Facility Name: Badin Business Park
Permit Number: NC0004308 County: Stanly Case Number: LV-2024-0169
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;
Permit effluent limits are established to be protective water quality standards.Exceedance of limits has the
potential to adversely impact water quality.
2) The duration and gravity of the violation;
Fluoride monthly average limit violations were reported for the months of July(4.44%over limit),August(29.16%),
September(44.44%) and October 2023 (26.93%)
3) The effect on ground or surface water quantity or quality or on air quality;
Although no specific effects have been documented, repeated discharge of effluent in excess of permit limits has the
potential to adversely impact the water quality within the receiving steam and aquatic life dwelling there.
4) The cost of rectifying the damage;
No damage has been observed as a direct result of these violations.
5) The amount of money saved by noncompliance;
Considerable costs have been deferred, and thereby saved, due to the time it has taken for the permittee to evaluate
the situation, then develop and implement potential solutions.
6) Whether the violation was committed willfully or intentionally;
Violations were not committed intentionally or willingly; however, the permitted was aware that without treatment,
the groundwater/stormwater discharge had potential to violate effluent permit limits.
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
The facility has been assessed civil penalties on 16 separate occasions during the five years prior to this assessment.
Penalties assessed total$13,970.78.All assessed penalties have been paid.
8) The cost to the State of the enforcement procedures.
$150.00 -DocuSigned by:
"-8328B44CE9EB4A1...
August 15,2024
Date John E.Hennessy,Section Chief
Water Quality Regional Operations Section
Division of Water Resources,NCDEQ

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0169 County: Stanly
Assessed Party: Badin Business Park LLC
Permit No.: NC0004308 Amount Assessed: $2,520.00
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 Division 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Badin Business Park LLC )
Badin Business Park )
NPDES PERMIT NC0004308 ) CASE NO. LV-2024-0169
Having been assessed civil penalties totaling$2,520.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 15,2024,the undersigned,desiring to seek remission of the civil penalty,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 Division of Water Resources within thirty(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
ADDRES S
TELEPHONE
Email Address