NC0074233_LR-2016-0004_20160601

PAT MCCRORY
r;;
Governor
DONALD R. VAN DER VAART
Secretary
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
June 1, 2016 Director
CERTIFIED MAIL 7013 2630 0001 8998 3141
RETURN RECEIPT REOUESTED
Mr. Rick Sain,Director of Facilities Maintenance
Catawba County Schools
PO Box 1010
Newton, NC 28658
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
Case No. LR-2016-0004
Late Discharge Monitoring Reports(DMRs) for Aug2015 &Jan2016
Blackburn Elementary School
NPDES Permit NC0074233
Catawba County
Dear Mr. Sain:
This letter transmits a notice of a civil penalty assessed against Catawba County Schools in the amount
of$600.00(includes $100.00 in enforcement costs).
This assessment is based upon the following facts: the August 2015 and January 2016 discharge
monitoring reports("DMR") were not filed with the Division of Water Resources within the thirty(30)
day reporting period in accordance with the monitoring and reporting requirements contained in the
subject NPDES permit. The August 2015 DMR was received late on October 20,2015 and January 2016
DMR was received late on March 24, 2016.
• A Notice of Violation(NOV-2015-LR-0042)was sent to you for failure to submit the July
2015 DMR no later than the thirtieth(30th)day following the reporting period. This notice was
received by you on October 5,2015. Within said notice, you were informed that future
reports not received within the required time frame,the next 12 reporting months,would
result in a recommendation for assessment of civil penalties.
• A Notice of Violation(NOV-2016-LR-0015) was sent to you for failure to submit the August
2015 and January 2016 DMRs no later than the thirtieth(30th)day following the reporting
period. This notice was received by you on April 18,2016.
The State's enforcement costs in this matter may be assessed against Catawba County Schools pursuant
to NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that Catawba County Schools violated the
terms,conditions or requirements of NPDES Permit NC0074233 and G.S. 143-215.65 in the manner
and extent shown above. 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).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 807 6300

Catawba County Schools—Blackburn Elementary School
Case No.: LR-2016-0004—NPDES Permit NC0074233
June 1,2016
Page 2 of 5
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 hereby make the following civil penalty assessment against Catawba County
Schools:
$ 0.00 For violation of NCGS 143-215.65 and NPDES Permit NC0074233, for failing
to submit the Discharge Monitoring Report for August 2015.
$ 500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0074233, for failing
to submit the Discharge Monitoring Report for January 2016.
$ 100.00 Enforcement Costs
$ 600.00 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 days of receipt of this notice, you must do one of the following:
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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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

M.
Catawba County Schools—Blackburn Elementary School
Case No.: LR-2016-0004—NPDES Permit NC0074233
June 1,2016
Page 3 of 5
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 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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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

4
Catawba County Schools—Blackburn Elementary School
Case No.: LR-2016-0004—NPDES Permit NC0074233
June 1,2016
Page 4 of 5
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The original and one(1) copy of the petition must be filed with the Office of
Administrative Hearings. The petition may be faxed provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
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 Derek Denard at 919-807-6307.
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S.
i %S. Jay Zimmennan, P.G., Director
Division of Water Resources,NCDEQ
ATTACHMENTS
cc: DWR Mooresville Regional Office,Water Quality Regional Operations Section
Esbasariaidairisilisimeas
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CATAWBA
)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CATAWBA COUNTY SCHOOLS ) STIPULATION OF FACTS
BLACKBURN ELEMENTARY SCHOOL )
)
PERMIT NO.NC0074233 ) FILE NO. LR-2016-0004
Having been assessed civil penalties totaling$600.00 for violation(s)as set forth in the assessment
document of the Division of Water Resources dated June 1, 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 , 2016.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR RENIISSION REOUEST
DWR Case Number: LR-2016-0004 County: Catawba
Assessed Entity: Catawba County Schools-Blackburn Elementary School
Permit No.: NC0074233 Amount Assessed: $600.00
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 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).
O (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: