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DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Harmony Estates WWTP/ NCO079481/ Dennis J.Whitson
{May 2014 DMR}
I County: McDowell
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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.
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4) The cost of rectifying the damage;
The cost is unknown.
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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.
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Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR
01/13/2015