The URL can be used to link to this page

Home My WebLink AboutNC0060755_LV20160231_20161107N . . . . . . . . . . . . . . . . . . . . . . . . . ............. . ............. .. ................. .............. ....... ...... . ...... . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .......... . ........ ... ... ........ . .. .... . .. ............... . .. ............ . . . . . . . . . . . . . . . . . . ......... ...................... ...... .. ........ ...... ... .. ................................. ............... .... . ........... : . ... . . . . . . . . . . ....... ...... � ...... V .......... ......... .... ............. ........... ..... ....... ::,: - ... . .... . ............... . .. ................ .. .............................. .. ................ ........... . ... .......... .................. ......................... .................... ............... .. ...... . .... ..... ... .... ............. . ... ..... ........ Am *. X. ..... ..... ...... ........... ........... .......... ...... ............................... ............. ... .. ..... ... Certified Mail # 7015 1520 0002-6878 1922 Return 'Receipt Re4tiested. November 07, 2016 Martin J. LashuA Carolina Water -Service. Inc of North Carolina PO Box 240908 Charlotte, NC 28224-0908 RECEIVEMCDE101DWR NOV 15 2016 Water Quality Permitting Section SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute '(G.S'.) 143-2 B.I.(a)(6). and NPDES WW Permit No. NCO060755 Carolina Water Service Inc of North Carolina Saddlewood WWTP Case No. LV -2016-0231 Gaston County Dear Mr. Lashua: This letter transmits a Notice of -Violation and assessment of civil penalty in the amount of -$452..50 ($350.00 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 Sery , ice, Inc. of North Carolina for the month.of Jun.e,2016.. This review has shown the subject facility to he irr violation of the'discharge limitation's and/or monitoring rqquirements found in NPDE,SWWYermit No. NC0060755. The violations,' which occurred in June 2016, are summarized in Attachment A tolhis 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..NC00.60755 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. 1.43-215.1(a). Based upon the above findings of fact and conclusions of law, and,ih accordance 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: State of North Carolina I Enviromnental Quality I Water Resources .610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-4699 r 100.00 1 of the 1 violation of 143-215.1(a)(6) and Permit No.NC0060755, by discharging waste water_ into . the waters of the State in violation of the Permit Daily Maximum for BOD.- Cone.,,-'. 250.00 1 of the l violation of 143-215.1(a)(6) and Permit No.NC0060755, by discharging waste'*ater into the waters of the State in violation of the Permit. Monthly Average for BOD - Conc 350:0.0 TOTAL CIVIL PENALTY 102:50 Enforcement Costs 452.50 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 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; (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: Payment should be made'directly to the,order�of the Department of EnvironmentaUQuality (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. Wastewater. Branch Division`of Water Resources .'1617 Mail Service:Center Raleigh, North Carolina 276994617 >" Option 2:, Submit a written request. for remission or mitigation including a detailed.justification for such.; request: 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 ahe civil penalty assessment document.Because- 'a remission request -forecloses the option of an administrative hearing; 'such a request must be accompanied by, a waiver of your right to an administrative hearing and a stipulation and agreementthat no factual or legal'issuesare in dispute. Please prepare -a detailed statement that establishes why you believe the civil penalty shouldbe remitted, 'and submit it to the Division of Water Resources at the Address listed below. In determining whether a -remission request will' 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 civil penalties for any •previous violations; or (5) whether 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 forluther 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, itis 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 Request." Both forms should be submitted tothe following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9 Oration 3:. File a betition for an administrative hearing with the Office of Administrative Hearings: 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, Youmust file the petition with the Office of Administrative. Hearings withint4irty (30) days of receipt of this notice. A petition is considered filed when it is: received in, the Office of Administ:fative Hearings -during normal officehPurs. The' Office of Administrative Hp#rTgs�p ,acc sfilings Monday, through Friday.between the hour of 8:00 a:m. and 5:00 p.m., except f6r official state I_ holidays. The Petition may be filed by facsimile (f restrictions) --provided (fax) or electronic 'mail by an attached file (with .the signed original, one (l,) copy:and a filing fee, (if a.filing fee-. is -required by:NQGS,.§ 150B-23.2) is received in the Office of Administrative- Hearings within ithin seven (7) business. days following the faxed or electronic transmission. You .should contact the Office of Administrative Hearings with all questions re ding 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 6714 Mail Service. Center Raleigh, NC 27699-,6714 Tel: (919) 431-3000 Fax: (919) 431-31.00 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 Ple ase indicate, the case number (as found on page one of this letter) on thepetitioni Failure to exercise one of the options above within thirty (30) 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. Pl6ase be advised that additional penalties may be 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, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File NPDES �Complianceffinfbrcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2016-0231 County: Gaston Assessed Party: Carolina Water Service Inc of North Carolina . Permit No.: NC0060755 Amount Assessed: $452.50 Please use 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 requestfor 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 civilpenalty assessment document. Pursuant to N.C.G.S. §.14 3B -282.1(c), remission of a civil penalty may be 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. (Le., 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 you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GASTON 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. NCO060755 ) CASE NO. LV -2016-0231 Having been assessed civil penalties totaling $452.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 07, 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 (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 day of 20 SIGNATURE - ADDRESS TELEPHONE Q ' ATTACHMENT A Carolina Water Service Inc of North Carolina CASE NUMBER: LV -2016-0231 PERMIT: NC0060755 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 Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 6/23/2016 6-2016 BOD, 5 -Day (20 Deg. Weekly mg/i 7.50 40 433.3 Daily Maximum $100.00 C) - Concentration- Exceeded 6/30/2016 ..6-2016 BOD, 5 -Day (20 Deg. Weekly mg/1 5 9:90 97.6 Monthly $250.00 C) - Concentration Average Exceeded Q