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HomeMy WebLinkAboutNC0079481_LV-2015-0003 CPA_20150103 I. DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE) Violator: Harmony Estates WWTP/ NCO079481/ Dennis J.Whitson {May 2014 DMR} I County: McDowell r Case Number: LV-2015-0003 8 ASSESSMENT FACTORS As required by G.S.143-214.6A(c),in determining the amount of the penalty I considered the factors set out in G.S.1438-282.1(b),which are: r 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 36.6%. 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 j be immediately quantified. x 4) The cost of rectifying the damage; The cost is unknown. i 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. 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 have been two civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. I o! Date G.Landon Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR 01/13/2015