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Home My WebLink AboutNC0085812_LV20160049 Remit Denied_20160503Water Resources ENVIRONMENTAL QUALITY May 3, 2016 CERTIFIED MAIL 7013 2630 0001 8998 2762 RETURN RECEIPT REQUESTED Mr. Edward Goscick, RE, Executive Director Union County Department of Public Works 500 N. Main St., Suite 600 Monroe, NC 28112, Dear Mr. Goscick: PAT MCCRORY DONALD R. VAN DER VAART sect titan S. JAY ZIMMERMAN Du eclot Subject: Request to Remit Civil Penalties - Denied Decision in Case Number: LV -2016-0049 for Union County Department of Public Works Grassy Branch WWTP NPDES Permit NCO085812 Union County In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret to inform you that the Director has denied your request. Our records indicate the facility received the penalty letter on February 9, 2016 (UPS delivery date February 3, 2016). A response by either payment, a written request for remission, or a petition for an administrative hearing with the Office of Administrative Hearings was due by March 10, 2016. The remission request was dated and signed on March 14, 2016 and received on March 23, 2016, which is outside of the 30 -day statutory limitation. Therefore, your outstanding balance ($450.53) is due and payable. Please make your check payable to the Department of Environmental Quality (DEQ). Send the payment, as soon as possible, to the attention of. Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 State of North Carolina I Environmental Quality I Water Resources 1617 Mall service Center I Raleigh, North Carolina 27699-1617 919 807 6300 I -L, Mr. Goscicki May 3, 2016 Page 2 of 2 Thank you for your cooperation in this matter. If you have any questions, please contact Derek Denard at derek.denardancdenngov or call 919-807-6307. ince ely, S. Jay Zimmerman, G., Director Division of Water Resources, NCDEQ Attachments: Permittee's Request for Remission Waver of Rights to Administrative Hearing and Stipulation of Facts Permittee's Justification for Remission Request cc: Corey Basinger, DWR / Mooresville Regional Office Enforcement File Central Files UNION COUNTY DEPARTMENT OF PUBLIC WORKS 500 North Main Street, Suite 600, Monroe, NC 28112 Phone: (704)296-4210 o Fax: (704)296-4232 March 14, 2016 Mr. W. Corey Basinger Water Quality Regional Operations Section Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Subject: Request for Remission Notice of Violation and Notice of Recommendation for Enforcement Tracking #: Pd91/-263frtd 6649--'j (/ 1 j d G NOV-2016-LV-0015 l Grassy Branch WWTP: NPDES Permit No. NCO085812: Union County Dear Mr. Basinger, RECEIVED/NCDEQ/DWR MAR 2 3 1016 Water Quality Permitting Section In our response to the original NOV (Jan. 26, 2016), it was noted that it appeared that the result from the lab may have been an issue. Please find attached copies of the original email reports sent to Charlotte Water from Pace Labs. The lab reports include copies of the Chain of Custodies. Please note that a Chemical Oxygen Demand (COD) was collected at the same time as the BOD and was properly preserved. The COD result was 31.0 mg/I. As noted in the NOV response, this would relate to a much lower BOD. It is virtuall im ossibl t have an effluent BOD that is 60.6% of the COD. y p e o Since the time this occurred, we have converted all of the lab work done for the UCPW treatment plants to Charlotte Water Lab Services. We believe that there was a problem with this specific analysis, but due to the way Pace Labs completes their bench sheets they were not able to determine what the error may have been. If you have any questions, please call Dawn Padgett, Operations Manager (704/497-8377). Thank you for your consideration on this issue. Sincerely, �r aril D. �/In p G Ri Water & Wastewater Division Director PC: Edward Goscicki, P.E. - Executive Director Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Dawn K. Padgett Operation Manager, Charlotte Water— UC O&M 500 -North Main St., Suite 600 u Monroe, NC 28112-4730 a Phone: (704)296-4210 ® Fax: (704)296-4232 JUSTIFICATION rOR REMISSION REQUEST AI09lt/ED/NCDEQ/DW►it Case Number: LV -2016-0049 MAR 2 3 2016 Assessed Party: Union County Public Works County: Union Water Quality Grassy Branch WWTP A#ftting Section Permit No.: NC0085812 Amount Assessed: $450.53 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Renlissioll, Waiver Of Right to all Administl'alive Hearing, and Stipulatioll 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 violations) occurred or the accuracy of any of the fachnal statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c), remission of a civil penalty maybe granted only when one or more of tine 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 al'e listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the R/P. Y that Unt! /n[11( In no l0! 1 tho ijinIntinji m1�1 „i•e�,o1Tr (';11;1'0 �d (c) tine violation was inadvertent or a result of all accident (i.e., explain why the violation was unavoidable or something you could riot prevent or prepare foig; (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of tine civil penalty will prevent payment for the remaining necessary remedial actions (i, e., explain horn payment of the civil penally will pi'evetif you frons pel forlllilig the activities necessm y to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF UNION AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND Union County Public Works ) STIPULATION OF FACTS 113ECEIVED/NCDEQ/per Grassy Branch WWTP PERMIT NO. NCO08SS12 ) MAR 2 3 1016 CASE NO. LV -2016-0049 Water Quality Having been assessed civil penalties totaling $450.53 for violation(s) as set forth in the assessment document ofing Sectioile n Division of Water Resources dated February 2, 2016, (lie undersigned, desiring to seek remission ss 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 Director of 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 A� Gr��c , 20 NATURE ADDRESS TELEPHONE