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Home My WebLink AboutNC0060755_LV20160247_20161213: ��. . ...... ........ ............. ............. ..................................... ............................................................................ Certified Mail # 70151520 00026878 2035 Return Receipt Requested December 13, 2016 Martin J. Lashua Carolina Water Service Inc of North Carolina PO Box 240908 Charlotte, NC 28224-0908 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.)143-215.1(a)(6) and NPDES WW Permit No. NC0060755 Carolina Water Service Inc of North Carolina Saddlewood WWTP Case No. LV -2016-0247 Gaston County Dear Mr. Lashua: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $552,50 ($450.00 civil penalty + $102.50 enforcement costs) against Carolina Water Service Inc of North Carolina. This assessment is based upon-the.:following facts: a review.has been conducted of the discharge monitoring report (DMR). . submitted by Carolina Water Service -Inc of North Carolina for the month.of July 2016. This review has shown the subject facility to be in violation. of the discharge limitations and/or monitoring requirements foundin NPDES WW Permit No.. NC0060755: The. violations, which occurred in July 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Carolina Water Service -Inc of North Carolina violated the terms, conditions or requirements of NPDES WW Permit No'. NC0.0,60755 and 0.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'accordanoe With authority provided by the Secretary :of the Department of Environmental Quality and the'Director of the Division of Water Resources, I, W. Corey.Basinger, Regional Supervisor,:Mooresville: Regional Office hereby make the following civil penalty assessment against Carolina Water. Service Inc of North Carolina: �� 1 H State of North CaroW►a Envuonmentel Quality Water Resources s ; _ 610 East 'N Center Avenue, :Suite 301; Tvlooresville,28115 704 463 1699 t _ y 200.00 2 of the 2 violations of:143 215.1(a)(6) and Permit No3VC006,0155,+by discharging waste water,into the waters of the State in violation of the Permit Daily Maximum for BOD - Cone., '7 250.00 1 of the 1 violation of 143-215:1(a)(6) and Permit No.N00060755, by discharging waste water into the Waters'of the State in violation of the Permit Monthly Average for BOD - Conc 450.00' . TOTAL CIVIL PENALTY , 102.50 Enforcement Costs 552.50 'TOTAL AMOUNT DUE Pursuant to G.S. 143-215..6A(c), in determining -the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law andthe 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; (5) The amount of money saved by noncompliance; (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: 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 Option 1:. Submit payment of the penalty: -Paymentshould be -made directly to the.order of the Department of Environmental Quality (do not indludemdiver 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- Wastewater fWastewater Branch Division of Water Resources - 1617 Mail Serdice'Center" Raleigh, North'Carolina 27699-1617 w„ f `Option 2.: (Submit a written request for remission.or"mitigation including a detailed.justification,for such°,' , ,.. . request: 'Please be aware that arequesf for remission is limited to consideration of the five factors listed below as they may relate -to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper :.procedure :for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in . the civil penalty assessment,' document Because a remission request.forecloses the'option of au administrative hearing, such a request must be accompanied �by a waiver of your right°to an -administrative hearing and a stipulation and agreement that no,factual or legal issues a`re in:dispute.. Please prepare detailed statement that establishes why you ;believe the civil penalty should be remitted-, And submit it to the Division of Water Resources at the address listed below. In' determining whether a <remission request Witf be- approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3), whether the violation_ was inadvertent or a result of an accident; (4) 'whether -the violator had been assessed civilpenalties: for any previous violations; or (5) wholier'payment of the civil penalty will prevent payment for the remaining necessary. remedial actions. Please note that all evidence presented in support of your `request for remission must be submitted in writing.: The Director of the Division of Water Resources will review your evidence and inform you of his decision in the•matter of your remission request: The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director.. Therefore, it is very., important that you prepare a complete and thorough statement in support of your request for remission.. In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Reauest.»: .. . Both forms should be* submittd&i6 the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh; North Carolina 27699-1617 0otion 3. File a uetition for an administrative .hearing with the Office of Administrative Hearmss. If you wish to contest any.statement in the attached assessment document you must file a petition. for an administrative hearing:. You may obtain the petition form from the Office of Administrative Hearings.. You must file the petition with the:Offce-of Administrative-.I.4earings within.thirty (30) days. of receipt of this. notice. A•petition':is considered filed when it is received in the Office of Administrative Hearings -during normal office hours., The Office of Administrative . Hearings acceptsfillingsMonday through Friday between the hours -of 8:00 a.m. and 5..00 P.m., except for, official state holidays The petition may be, filed by facsimile -(fax), or electronic mail •by an, attached file (with restrictions) -provided. ,the signed,original, one (1) copy'and, a filing fee (if a filing fee. is required by NCGS § 150B-23.2) is received, in _the Office of Administrative Hearings,within-seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the,details of the filing process. The mailing address and telephone and fax numbers• for the Office of Administrative Hearings are as follows-... 'Office of Administrative Hearings r .6714 Mail Service Center _,Raleigh, NC, 27699-6714. Tel: (919) 733-2698 Fax: :(919) 733-3478 One (1)'copy of the petition must also be served on DEQ -as follows:' Mr. -Sam M. Hayes, General Counsel -Department of Environmental Quality 1601 Mail Service Center ' Raleigh, North Carolina 27699-1601 Please indicate the -case number (as found.on,page one, of this letter) on the petition. Failure to exercise one,of the options above within thirty (3 0) days of receipt of this letter, as evidenced by. an internal,... date/time received stamp (not a postmark), will result. in this matter being referred to the Attorney Generars Office for collection of the -penalty -through a civil action. Please be advised that additional penalties maybe, assessed for. violations that occur after the review period of this assessment. If you have any questions, please contact Ori Tuvia with the Division of Water Resources staff of the Mooresville Regional Office at (704) 663-1699 or via email at ori.tuvia@ncdenr.gov. Sincerely, f-�e�_ W. Corey Basinger, Regional Supervisor Water Quality. Regional Operations Section _. ...:•. _.. : _:•... .._..:.y,:. ..�.._...�:.: _> .. _:Mooresville Regional, .Office .� _..u;..:..b.M, ��.��_._..�......_______...^.. - .. Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office Enforcement File' NPDES Complianc6Mdorcement Unit Enforcement File l - .'.,..:— ; ^- ,,; -••'. � --:. .` ,::•is..�..+..�.�..0-..-ws-...- si ..- ---s.-''t'--z'"--"r--- «,-w1a. 4.51-:-�^'-a.....-^s .a- :,.�Ux�'..r ..?6. '_ -.. ins`-v�,unto-•a3a'.,uru.ri{.1iidA:�''. 3.', ..,.x :...-r�-,?w. ...' .' ..- eci ---:' :.,;: Case Number: LV -2016-0247 °Assessed Party: Carolina Water Service Inc of North Carolina Permit No.: NC0060755 County: Gaston Amount Assessed: $552.50 Pleaseiise this form when requesting remission of this.civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in. evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed.below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c); remission of a civil penalty maybe granted. only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as. needed). (a) one or 'more of the civil penalty assessment factors in N.C.G.S. 143B -282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) . the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for),' (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent youfrom performing the activities necessary to achieve compliance). EXPLANATION: IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Carolina Water Service Inc of North Carolina ) Saddlewood WWTP ) PERMIT NO. NC0060755 - ) CASE NO. LV -2016-0247 Having been assessed civil penalties totaling $552.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 12, 2016 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 support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) 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 day of ADDRESS TELEPHONE SIGNATURE 20 7/21/2016 7-2016 BOD, 5 -Day (20 Deg. Weekly mg/I 7.50 13 73.3 Daily Maximum $100.00 C) - Concentration Exceeded 7/31/2016 7-2016 BOD, 5 -Day (20 Deg. Weekly rhg/I 5 8.80 75.5 Monthly $250.00 C) -.Concentration Average Exceeded ATTACHMENT A ' -Carolina Water Service Inc of North Carolina CASE NUMBER: .LV-2016-0247 PERMIT: NCO060765 REGION: Mooresville FACILITY: Saddlewood WWTP COUNTY: Gaston LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report ' Unit of Limit Calculated % Over Violation Penalty . Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 7/12/2016 7-2016 BOO, 5=Day (20 Deg._ . Weekly mgll 7.50 16 113.3 Daily Maximum $100.00. C) - Concentration Exceeded 7/21/2016 7-2016 BOD, 5 -Day (20 Deg. Weekly mg/I 7.50 13 73.3 Daily Maximum $100.00 C) - Concentration Exceeded 7/31/2016 7-2016 BOD, 5 -Day (20 Deg. Weekly rhg/I 5 8.80 75.5 Monthly $250.00 C) -.Concentration Average Exceeded