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'