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Home My WebLink AboutNC0030325_PC-2015-0037_20151005r North Carolina Department of Environmental Quality Pat McCrory Governor CERTIFIED MALL # 7010 2780 0001423 6 4755 RETURN RECEIPT REQUESTED Aubrey L Deaver A&D Water Services, Inc P.O. Box 1407 Pisgah Forest, NC 287681407 SUBJECT: Dear Mr. Deaver: October 5, 2015 Donald R. van der Vaart Secretary RECEIVEDIDENRIDWR OCT 12 2015 Water Quality Permitting Section 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 NCO030325 A&D Water Services, Inc Buffalo Meadows WWTP Case No. PC -2015-0037 Ashe County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 3068.32 ($ 2900.00 civil penalty + $ 168.32 enforcement costs) against the A&D Water Services, Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the A&D Water Services, Inc. for the months of April, May, and June 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0030325. The violations, which occurred in April, May, and June 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the A&D Water Services, Inc. violated the terms, conditions or requirements of NPDES Permit NCO030325 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 Environmental Quality and the Director of the Division of Water Resources, I, W Corey Basinger, Division of Water Quality Regional Supervisor for the Winston-Salem Region, hereby make the following civil penalty assessment against the A&D Water Services, Inc.: $ 2900.00 For 29 of the 29 failures to properly monitor TRC in violation of NPDES Permit No. NCO030325 $ 2900.00 TOTAL CIVIL PENALTY $ 168.32 Enforcement Costs $ 3068.32 TOTAL AMOUNT DUE 450 W. Hanes Mill Road. Winston-Salem, North Carolina 27105 Phone: 336-776-98001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper r 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 days of receipt of this notice, you must do one of the following: 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: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 14313-282.1(b) were wrongfully applied to the detriment of the violator; (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 has 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 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, 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: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 431-3000 Facsimile: (919) 431-3100 A copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 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 (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 George Smith or me of the Winston-Salem Regional Office at 336-776- 9800. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ attachments cc: WSRO Files w/attachments PSB-\'PDFS — Charles Weaver A l l AC:HIYItrd I A ABED Water Service Inc CASE NUMBER PC -2015-0037 PERMIT: NCO030325 Other Violations FACILITY: Buffalo Meadows WWTP COUNTY: Ashe REGION: Winston-Salem MONITORING VIOLATION PENALTY REPORT AREA DESCRIPTION DATE VIOLATION TYPE 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/1/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/2/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/7/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/8/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/14/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/15/15 Permit conditions violation Reporting Requirements 10000 4-2015 Monitoring and TRC < 100 ug/L 4/21/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/25/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L — 4/28/15 Permit conditions violation Reporting Requirements 100.00 4-2015 Monitoring and TRC < 100 ug/L 4/30/15 Permit conditions violation Reporting Requirements 100.00 5-2015 Monitoring and TRC < 100 ug/L 5/3/15 Permit conditions violation Reporting Requirements 100.00 5-2015 Monitoring and TRC < 100 ug/L 5/4/15 Permit conditions violation Reporting Requirements 100.00 5-2015 Monitoring and TRC < 100 ug/L 5/10/15 Permit conditions violation Reporting Requirements PERMIT: NC0030325 FACILITY: Buffalo Meadows WWTP 100.00 5-2015 100.00 5-2015 100.00 5-2015 10000 5-2015 100.00 5-2015 100.00 5-2015 100.00 6-2015 100.00 6-2015 100.00 6-2015 100.00 6-2015 10000 6-2015 100.00 6-2015 100.00 6-2015 100.00 6-2015 100.00 6-2015 100.00 6-2015 Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements Monitoring and Reporting Requirements COUNTY: Ashe REGION: Winston-Salem TRC < 100 ug/L 5/11/15 Permit conditions violation TRC < 100 ug/L 5/17/15 Permit conditions violation TRC < 100 ug/L 5/18/15 Permit conditions violation TRC < 100 ug/L 5/26/15 Permit conditions violation TRC < 100 ug/L 5/27/15 Permit conditions violation TRC < 100 ug/L 5/31/15 Permit conditions violation TRC < 100 ug/L 6/1/15 Permit conditions violation TRC < 100 ug/L 6/2/15 Permit conditions violation TRC < 100 ug/L 6/7/15 Permit conditions violation TRC < 100 ug/L 6/8/15 Permit conditions violation TRC < 100 ug/L 6/15/15 Permit conditions violation TRC < 100 ug/L 6/16/15 Permit conditions violation TRC < 100 ug/L ~ 6/22/15 Permit conditions violation TRC < 100 ug/L 6/23/15 Permit conditions violation TRC < 100 ug/L 6/28/15 Permit conditions violation TRC < 100 ug/L 6/30/15 Permit conditions violation .. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF Ashe A&D Water Services, Inc. REQUEST FOR REMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Buffalo Meadows WWTP ) STIPULATION OF FACTS PERMIT NO. NC0030325 ) FILE NO. PC -2015-0037 Having been assessed civil penalties totaling $3,068.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated 10/5/2015, 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 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC -2015-0037 County: Ashe Assessed Party: A&D Water Services, Inc, Buffalo Meadows WWTP Permit No. (if applicable): NC0030325 Amount Assessed: $3,068.32 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of 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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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. 14313-282.1(b) were wrongfullyapplied 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) ccurrences); (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 ENVIRONMENTAL MANAGEMENT �{ COMMISSION COUNTY OF ASHE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: A & D Water Services, Inc., Buffalo, Meadows WWTP DWQ Case Number PC -2015-0037 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter! Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs This the day of SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE 20