NC0079481_LV-2015-0003_20150115

AT,XWA
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R van der Vaart
Governor Secretary
Certified Mail#7012 1010 0002 1965 7970
Return Receipt Requested
January 13,2015 s'
Dennis J Whitson,Owner RECEIVEDIDENRIDWR • ''
Dennis J Whitson
3800 Sugarhill Rd JAN 15 2015
Marion,NC 28752
Water Quality
l' Permitting Sedan
I" SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) : y
and NPDES Permit No.NCO079481
Dennis J Whitson
I Harmony Estates W WTP
I Case No.LV-2015-0003
McDowell County r
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Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$409.26($250.00 civil penalty
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+$159.26 enforcement costs)against Dennis J Whitson.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
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(DMR) submitted by Dennis J Whitson for the month of May 2014. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0079481. The
violations,which occurred in May 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Dennis J Whitson violated the terms, conditions or
requirements of NPDES Permit No. NCO079481 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil t
penalty assessment against Dennis J Whitson: '
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2090 U.S.70 Highway,Swannanoa,NC 28778 1
Phone:[phone] Internet:wwwncdenr.gov<http://%ww.ncdenr.gt)v> '
An Equal opportunig•'.Affirmative Action Employer-Rude in put by recycled paper t
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250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0079481, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N -
Conc.
250.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs t
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09.26 TOTAL AMOUNT DUE I
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact i
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; r
(5) The amount of money saved by noncompliance; f
(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. ff
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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 j
Option 1: Submit payment of the penalty: 1
Payment should be made directly to the order of the Department of Environment and Natural Resources (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
NPDES Compliance/Enforcement Unit
Division of Water Resources i
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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