NC0028606_LV20160008_20160120

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Water Resources Director
ENVIRONMENTAL QUALITY
January 13, 2016
Certified Mail#7015 1520 0002 8376 1299
Return Receipt Requested RECEIVEDINCDEQIDWR
JAN 2 0 2016
Mr. Jason Joyce
NC Department of Transportation Water Quality
Post Office Box 250 Permitting Section
North Wilkesboro,NC 28659-0250
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 Permit No.NC0028606
NC Department of Transportation
I-77 Rest Area WWTP
Case No. LV-2016-0008
Iredell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$550.53 ($450.00 civil penalty+
$100.53 enforcement costs)against The North Carolina Department of Transportation(NCDOT).
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by NCDOT for the month of August 2015. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0028606. The violations,which
occurred in August 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that NCDOT violated the terms,conditions or
requirements of NPDES Permit No. NC0028606 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. 143-215.1(a).
Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary
of the Department of Environment and Natural Resources 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
NCDOT:
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Officel 610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
'IAA 441 1400

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 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 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 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. 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 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
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601

ATTACHMENT A
CASE NO. LV-2016-0008
Outfall Date Parameter Reported Value Permit Limit
001 8/6/2015 BOD 72.6 mg/I 45 mg/I (Daily Maximum)
001 8/26/2015 BOD 67.6 mg/I 45 mg/I (Daily Maximum)
001 8/31/2015 BOD 42.1 mg/I 30 mg/I (Monthly Average)

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
North Carolina Department of Transportation )
1-77 Rest Area WWTP )
)
PERMIT NO.NC0028606 ) CASE NO. LV-2016-0008
Having been assessed civil penalties totaling$550.53 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated January 13,2016,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