Loading...
HomeMy WebLinkAboutNC0089001_LV20160082 Remission Request_20160602 6 PAT MCCRORY j.Ia Governor DONALD R. VAN DER VAART Secreta Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director June 2, 2016 CERTIFIED MAIL 7013 2630 0001 8998 3158 RETURN RECEIPT REQUESTED Mr. Thomas W. Garrison, III Environmental Compliance Services, Inc. 13504 South Point Blvd, Ste. F Charlotte,NC 28273 Subject: Remission Request of Civil Penalty Assessment Mooresville Oil Company, Inc. Denver Express Mart NPDES Permit NC0089001 Case Number LV-2016-0082 Catawba County Dear Mr. Garrison: 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 April 6, 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 May 6, 2016. The remission request was received on May 13, 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 Mail service Center I Raleigh,North Carolina 27699-1617 919 807 6300 Mr.Garrison June 2,2016 Page 2 of 2 Thank you for your cooperation in this matter. If you have any questions,please contact Derek Denard at derek.denard@,ncdenr.gov or call 919-807-6307. erely /( � ! i'' S. Jay Zimmerman, am„"�" r Division of Water Resources,NCDEQ Attachments: Permittee's Request for Remission Waver of Rights to Administrative Hearing and Stipulation of Facts cc: Corey Basinger,DWR/Mooresville Regional Office IMINMENNIS Central Files • • 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 ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mooresville Oil Company Inc ) Denver Express Mart ) ) PERMIT NO.NC0089001 ) CASE NO. EV-2016.0082 Having been assessed civil penalties totaling$450.53 for violation(s)as set forth in the assessment document of the Division of Water Resources dated April 5.20 j¢ 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 suppon 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 S day of IV\ Th .20 1 b 44a t--c4c +� nronutilli Oti 1 SIGNATURE y� o ADDRESS Mooresville Oil Company Inc. P.O. Box 28 — — Mooresville, NC 28115-0028 TELEPHONE (704)664-4924 RECEIVEDINCDEQIDWR MAY 13 2016 Water Quality Permitting Section F 1 E i; 4%7.7,,• i d}� If " s _ l�n'dt' ,0 1_ x''y�45' L F,. p7 II, 4`,' % 0� +t ti �, ed jE ` If i, ._ V • 5 i �r`F 1, • .� 'BM' R Ell E P1=Ri S, 1 C. , { 4 r.Cp; Ek .+i', tti .'4 -i i4.4e1' ; f , ,; ' 7.4 , 1,\\`r. i f 4. i. .I:'!.•1� •r (.4 ; 13504 South Point Boulevard,Unit F,Charlotte,NC 28273 tel 704.583.2711 fax 704.583.2744 www.ecsconsult.com Wastewater Branch April 20,2016 NCDEQ/DWR 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Re: NOV& Assessment of Civil Penalty Denver Express Mart Catawba County Case Number LV-2016-0082 ECS Project Number 14-810245 Dear Sir or Madam: In response to the above mentioned correspondence dated March 10, 2016, Environmental Compliance Services, Inc. (ECS)on behalf of Mooresville Oil Company, Inc. is requesting a remission of enforcement for permit exceedance. A penalty has already been paid by Mooresville Oil Company, Inc. in the amount of$450.53 for a violation in September 2015 and an effort was made by ECS to make adjustments to the system to correct the issue. As mentioned, subsequent to the September 2015 exceedance, the system was shut-down and the granular activated carbon (GAC) units were regenerated and the system was restarted. After further evaluation, it appears the vendor did not reconnect the units properly and the GAC units were essentially being bypassed at which point the units failed. Following the exceedance in November 2015, the system was shut-down and did not operate until the units were completely replaced in February 2016. As stated, this has since been corrected as of February 4, 2016 as the GAC units were replaced with new vessels and virgin carbon. The system was restarted, with no discharge, and an effluent sample was collected on this date from the effluent stream which indicated 1,2-dichloroethane was below the allowable discharge limit prior to putting the system back into operation. In addition, based on a follow-up conversation with Mr. Roberto Scheller of the NCDEQ, Mooresville Regional Office on March 15, 2015 regarding the permit violation, it appears sampling and reporting of sample results was being conducted more frequently than required by the applicable NPDES Permit in order to evaluate monthly system performance in accordance with the approved Corrective Action Plan developed for the site. The sampling and subsequent reporting has since been modified as well and will only be completed in the future to conform to the requirements of the applicable permit. We appreciate any reconsideration and lenience on the enforcement you can give us with this request given the circumstances and efforts to abate the exceedance and if you should have any questions or comments please feel free to contact me at(704) 583-2711. Sincerely, ENVIRONME TAL COMPLIANCE SERVICES,INC. RECEIVEDINCDEQIDWR Thomas W. Garrison, Ill MAY 13 2016 Charlotte Branch Manager Water Quality Attachment: February 2016 Effluent Laboratory Data Permitting Section WHERE BUSINESS AND THE ENVIRONMENT CONVERGE NATIONWIDE COVERAGE IIIJI® In the following states ECS operates as: Indiana-ECS of Indiana,Inc.;Arizona-Environmental Compliance Services of Arizona,Inc.;Georgia-Environmental Compliance Services of Georgia,Inc.;Michigan-Environmental Compliance Services of Michigan,Inc.;Mississippi -Environmental Compliance Services,Inc.of Mississippi;Louisiana-Environmental Compliance Services,Inc.of Louisiana;Nebraska-Pangean Environmental Compliance Camiroc tnr Tavnc-Pnnnr,m C jrnr,mmnl('mmtinnrn Cnn•iro< inr t„nrnrh r„rnu„n o„moi„-..,„.,„„a.o�l.,,,,r„I,,-ter,„-or„ra„..,,;.to,t A,.G„ ..,„... „..,1 r „...t..,.,.,,c,.....,...r s•...,1,r....l:..,, or'