NC0067148_LV20160104_20160601

WaterResources
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Certified Mail # 7012 1010 0002 1965 5785
Return Receipt Requested
June 01, 2016
Garvin Trinks
McDowell County Schools
709 Sugar Hill Rd
Marion, NC 28752
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SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(ax6)
and NPDES W W Permit No. NCO067148
McDowell County Schools
Nebo Elementary School W WTP
Case No. LV-2016-0104
McDowell County
Dear Permittee:
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This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $363.93 ($250.00 civil penalty +
$113.93 enforcement costs) against McDowell County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by McDowell County Schools for the month of October 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No. NC0067148. The
violations, which occurred in October 2015, are stimmarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or
requirements of NPDES W W Permit No. NCO067148 and G.S. 143-2 15. 1 (a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(ax2), 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.l(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 McDowell
County Schools:
Stele of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828.296-4500

2$ 50.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0067148, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
250.00 TOTAL CIVIL PENALTY
113.93 Enforcement Costs
363.93 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

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

Option 3: File a petition for an administrative hearin¢ with the Office of Administrative Hearines:
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 am. 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 4150E-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
filingprocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
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. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
0\W ,WQWcDmelfSFVa watedhf, oRwNebu S,6.167I48j.V.20I6Jj104 of

JUSTIFICATION FOR REMISSION REOUEST
Case Number: LV-2016-0104 County: McDowell
Assessed Party: McDowell County Schools —Nebo
Permit No.: NC0067148 Amount Assessed: $363.93
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. § 14313-282.1(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. 14313-282.1(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 (Le., 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
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
McDowell County Schools
Nebo Elementary School WWTP
PERMIT NO. NC0067148
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0104
Having been assessed civil penalties totaling $363.93 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 01, 2016, 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 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 .20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
McDowell County Schools
CASE NUMBER: LV-2016-0104
PERMIT: NC0067148
FACILITY: Nebo Elementary School WWTP
REGION: Asheville
COUNTY: McDowell
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
10/31/2015 10-2015 Nitrogen, Ammonia Monthly mg/I 14.40 19.20 33.0 Monthly $250.00
Total (as N) - Average
Concentration Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: McDowell County Schools
Facility Name: Nebo Elementary School W WTP
Permit Number: NC0067148
County: McDowell
Case Number: LV-2016-0104
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 Monthly Average Ammonia Nitrogen exceeded the permit limit by 32.98%.
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.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 has been one civil penalty enforcement in the twelve months prior to this violation.
.8) The cost to the State of the enforcement procedures.
$113.93.
G- L . tb
Date G. Landon Davidson, P.G., Regional Supervisor'
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

-NPDES PERMIT NO. NCOOSI148 DISCHARGE NO. 001 MONTH OCTOBER YEAR 2018
FACH.MNAME NEBO ELEWNTARY CLASS I COUNTY MCDOWELL
CERTIFIED LABORATORY (1) JAMES E JAMES ENVIRONMEWAL MGT., ZINC. CERTIFICATION NO. 482
(list additional laboratories on the baeksidetpage 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) ROBERT ROWE GRADE 11 CERTIFICATION NO. 998779
PERSON(S) COLLECTING
CURw=R/1x IF ORC HAR CHANCRD
Mail ORIGINAL and ONE COPY to: UEC O 5 20
ATTN. CENTRAL FR.FB I
DTYLSION OF WATER QUALrfY
1617 MAIL SERVICE CENTER
RALEIOR. NC 270961617
ORC PHONE [phone]
NOFLOW /DISCHARGE FROM SITE
BY TMS SIGNATURE, I CERTIFY THATTIDS REPORT IS
ACCURATE AND CORPLER TO THE REFT OF MY RNO WLRDGL
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(-Iudmg W -Wy averages, ifappliwble)
ComDGsat
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written
submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility Is nonrompfian4 please stbcb a list of corrective actions being taken and a time -table for improvements to be made as required by Part MEA of
the NFDES permit.
'7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who managed the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief; true, accurate, and Mete. I am aware that
them are significant penalties for suhmitfing false information, including the possibility of fines and impasom a mt for knowing violations.,,
McDOWELL COUNTY SCHOOLS
Permittee (Please print or type)
unless submitted electronically)
2107 SUGAR HILL RD. MARION NC 28752 828-07-M3 _ 12-31-2014
pa®vas,tddfeu Phone Numba a all address Pout rlxphWoumete
ADDPPIONAL CERTIFIED LABORATORIES
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
Certification No.
Certification No.
Certification No.
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] of by visimaghap:l/portal.ncdent.ofglweblwglavrp/palmpdae/appfotms.
Use only units of measurement designated in the reporting facility's NPDBS permit for reporting data
" No Flow/Discl arge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for a8 of the parameters on the DU R for the entire monitoring period.
"• ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
Signature of Permittee: If signed by other then the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(bx2)(D).

(F-'� e��j
PO BOX 519, MOUNTAIN HOME, NC 28758
t t .
October, 2015
Client: McDowell County Schools, Nebo Elementary
NPDES PERMIT NUMBER: NC0067148
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
Ammonia Nitrogen
Monthly average 15.9 mg/1
This did not give a daily maximum violation but did give a monthly average violation. We anticipate that
the increased Ammonia Nitrogen was due to the rebuilt bed growing the bacteria to be able to
accommodate the waste stream entering the facility. We began adding Soda Ash to the in line holding tank
prior to the sand beds to increase the pH and assist with the nitrogen cycle. The last two results were
compliant and reveal that this process is working properly.
You may get a monetary fine for this month.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
ank you,
ut :�'ta James