NC0083887_MV-2016-0014_20161031

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Certified Mail #70151520 0002 6984 7993
Return Receipt Requested
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October 31, 2016
Jack Christine, Aviation Deputy Director
City of Charlotte
Post Office Box 19066
Charlotte, NC 28219
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(x)(6)
and NTDES WW Permit No. NCO083 887
City of Charlotte
Charlotte Douglas International Airport
Case No. MV -2016-0014
Mecklenburg County
nl..— Mr Christine:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $296.00 ($195.00 civil penalty
$101.00 enibr6ement costs) against City of Charlotte.
This assessment is based upon the following facts: a review has been b6nduct6d of the discharge'monitoring -report (DMR)
submitted by City of Charlotte f6r the month of June 2016. This rev . iew,has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found inNPDES-WW1PermitNo. NC.0083887. The violations,
which occurred in June 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a.matter of law that City of Charlotte violated the terms,` conditions or
requirements of NPDES WW Permit No. NCO . 083 887 and G.S. 143-215. l(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 maybe assessed
against any person4ho 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 acpordance:with authority provided by the Secretary
of the Department of Environmental Quality and the Director of. the Division of WafeiResources, I, W., Corey Basinger,
Regional Supervisor, Mooresville Regional Office- hereby make the following civil penalty assessment against City of
Charlotte:
State of North Carolina Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 281.15
704-663-1699

50:00 'for 1 of the 1 failures to properly monitor BENZENE in violation of Permit No. NCO083 887. L
70.00 for 1 of the 1 failures to properly monitor ETHYLBEN in violation of Permit No. NCO0.83 $87.
50.00 for 1 of the 1 failures to properly monitor TOLUENE in violation of Permit No. NC0083887.. .
25.00 for 1 of the 1 failures'to properly monitor XYLENE in violation of PermitNo. NC0083887.
195.00 TOTAL CIVIL PENALTY
101.00 Enforcement Costs
296.00 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 mritten request. for an administrative hearing.
o •
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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 Carolin&27699-16.17

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
the 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
agreement that no factual or legal issues are in'dispute: Please prepare.a 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.listedbelow.
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 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 consideredby 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 Request."
Both' forms should be submitted to the following, address:
Wastewater Branch
. ,Division of :Water Resources
1617 Mail Service Center •
Raleigh, North:Carolina 27699-1617

Option 3:. File a petition for an administrative hearine. with the. Office of Administrative Hearinns:
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 Office of Administrative Hearings 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 accepts filings Monday through Friday between the hours of 8:;00 a.m, and 5:00 p.m., except: for official. state
holidays. The: petition maybe 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
ollows:Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
- Fax: (919). 431-3100. ;
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
Pleaseindicatethe case number (as found on page one of this letter) on the petition.
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 General's Office for
collection of the penalty through a'civil action. Please 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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or.via email at [e-mail].
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 Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: W-2016-0014 County: Mecklenburg
Assessed Party: City of Charlotte
Permit No.: NCO083887 Amount Assessed: $296.00
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 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 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 (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 you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY,
COUNTY OF MECKLENBURG
IN THE MATTERDF ASSESSMENT )- WAIVER OF RIGHT-TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS .
City of Charlotte )
Charlotte Douglas International Airport )
PERMIT NO.'N00083887 ) 'CASE NO. MV-2016-0014
Having, been assessed civil penalties totaling 296.00 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 31, 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

ATTACHMENT A
City of Charlotte
CASE NUMBER: MV -2016-0014
PERMIT: NCO083887 REGION: Mooresville
FACILITY: Charlotte Douglas -international Airport COUNTY: Mecklenburg
MONITORING 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
6/30/2016
6-2016
Benzene
Monthly
ug/I
Frequency
$50.00
Violation
6/30/2016
6-2016
Ethylbenzene
Monthly
ugA
Frequency
$70.00
Violation
6/30/2016
6-2016
Toluene
Monthly
ug/I
Frequency
$50.00
Violation
6/30/2016
6-2016
Xylene (mix of m+o+p)
Monthly
ug/I
Frequency
$25.00
Violation