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HomeMy WebLinkAboutNC0032174_NOV20150101_20150623 S North Carolina Department of Environment and Natural Resources Pat McCrory Donald R van der Vaart Governor Secretary Certified Mail#7014 0510 0000 4466 2138 Return Receipt Requested June 23,2015 George H Schultz,CIT Director of RECEIVEDDENROWR United World Mission PO Box 250 JUN 3 2Q1 Union Mills,NC 28167-0250 Water Quality Permittinq Sectior 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.NCO032174 United World Mission United World Mission Case No.LV-2015-0101 Rutherford County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$409.26($250.00 civil penalty +$159.26 enforcement costs)against United World Mission. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by United World Mission for the month of February 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. NC0032174. The violations,which occurred in February 2015,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that United World Mission violated the terms, conditions or requirements of NPDES Permit No. NCO032174 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, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against United World Mission: 2090 U S.70 Highway,Swawanoa,NC 28778 i Phone:823-296-4500 i Internet:www.ncdenr gov<http://www.nedenr.Rov> An Equal Opportunitv'%Adirnianre Action Employer-Made in part by recycled paper i 1 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: i 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: (919)733-2698 Fax: (919)733-3478 ' 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 Please indicate the case number as found on a one of this letter on the petition. ( p� ) 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. 4