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HomeMy WebLinkAboutNC0033600_LV-2016-0209_20161018Certified Mail # 70151520 0003 5463.0110 Return Receipt Requested October 18, 2016 Bob B Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Dr Canton, NC 28716 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 WW Permit No. NCO033600 Silver Bluff Realty LLC Pigeon Valley Rest Home WWTP Case No. LV -2016-0209 Haywood County Dear Permittee: RECEIVED/NCDEQ/DWR OCT 2 4 2016 Water Quality Permitting Section This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2.16.62 ($100.00 civil penalty +' $116.62 enforcement costs). against Silver Bluff Realty LLC. This assessment is based upon the following facts: a review has been. conducted of the discharge monitoring report (DMR) submitted by Silver Bluff Realty LLC for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES. WW Permit No. NC0033600. 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 Silver Bluff Realty LLC violated the terms, conditions or requirements of NPDES WW Permit No. NCO033600 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, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Silver Bluff Realty LLC: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 f v Y.• $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0033600, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00033600, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 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 Lawandthe factors set forth at G.S. 143B-282.l(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 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 Carolina 27699-1617 �{ 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 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 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.ofcial 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 27'699-6'114 Tel: (919) 431-3000 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 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 Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email at janet.cantwell@ncdenr:gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Goldie & Associates/ ORC G:i4VR`,WQ`.Hayevood'wastewaterit9inots:SilverBluff- Pigeon Vgliey 33,600`.J. -2016-020ri.rtf JUSTIFICATION FOR REIMSSION REQUEST Case Number: LV -2016-0209 Assessed Party: Silver Bluff Realty LLC Permit No.: NC0033600 County: Haywood Amount Assessed: $216.62 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) 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 DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADIVIINISTRATIVE HEARING AND STIPULATION OF FACTS Silver Bluff Realty LLC ) Pigeon Valley Rest Home ) PERMIT NO. NCO033600 ) CASE NO. LV -2016-0209 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 18, 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 (3 0) 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 ADDRESS TELEPHONE IN!" Rol ATTACHMENT A Silver Bluff Realty LLC CASE NUMBER: LV -2016-0209 PERMIT: NCO033600 REGION: Asheville FACILITY: Pigeon Valley Rest Home COUNTY: Haywood LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Date Report MonthNr Parameter Frequency Unit of Measure Limit Value Calculated Value % Over Limit Violation Type Penalty Amount 6/22/2016 6-2016 BOD, 5 -Day (20 Deg. Weekly mg/I 45 109 142.2 Daily Maximum $100.00 C) - Concentration Exceeded 6/30/2016 6-2016 BOD, 5 -Day (20 Deg.. Weekly mg/1 30 32.90 9.7 Monthly $0.00 C) - Concentration Average. Exceeded DMSION'OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Silver Bluff Realty LLC Facility Name: Pigeon Valley Rest Home WWTP Permit Number: NCO033600 County: Haywood Case Number: LV -2016-0209 ASSESSMENT FACTORS 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; All effluent violations may .be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 142.22%. One Monthly Average exceeded the permit limit by 9.74%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. , 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 al� Q'— Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EFFLUENT NPDES PERMIT NO. NCO033600 DISCHARGE NO. _ 001 MONTH June YEAR 2016 FACILITY NAME Silver Bluff Village CLASS_ a COUNTY Haywood CERTIFIED LABORATORY (1)_ Goldie and Associates (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) Gifford C. Raulerson GRADE 2 CERTIFICATION NO. 10126 PERSON(S) COLLECTING SAMPLES Gifford C. Raulerson ORC PHONE 828-734-9534 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM srrE J A. Mail ORIGINAL and ONE COPY to: e ATTN: CENTRAL FILESt7 x 7/27/2016 DIVISION OF WATER QUALITY 16 1617 MAIL SERVICE CENTER BY THIS SINATURE, I CERTEFY THAT TMS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE •TO THE BEST OF MY KNOWLEDGE. E50050 00010 1 00400 50060 r003ild 00610 1 00530 31616 00300 00600 00665 d V c FLOW w <Z p O to ENTER PARAMETER CODE ABOVE $ EFF ❑ �y ' G Q w J 0 w J w Z J w NAME AND UNITS BELOW F ¢o .�. IPlF ❑ t -y W� Co. Z13 eZp QOv J0 qC7 Q= ` e w= O t -w- vu. 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'v �-a;�.'� �".�..w ;,, v � r � . ,u .u` k �* y^�. e �" � s� 'a- � 30 AVERAGE 0.01225 18.5 20.75 32.924 5.79 9:94 2 hsY4+p.�. � .. .!�!•!,v+�lti.N.,4��'', �l+:.f" V� ... �.. ni"�..F�� 1 ': 4S'�.7� ^i' �Y. e'�� 3 �� �7 k�3.;l �fs2o�'_.Y»`i.,,:..#'� �, E�£�'^�V � F �1 �,,: fy`"� l eCa . y�Yr�F3 `t � � '`i 11EIND" 0.012 18 7 16 4.77 5.79 43<1 C01I1y'"�`�it'8b/Gt M"�, t, `�. `� n. l l • _ ,� � �n 3e..., Monthly Limit 050 MGD 6.0 9.0 28 MG/L 30 /45 30 /45 2001400 A10 -r- - 9 / Ald 42Z &-I.✓-® 6-y- DWQ ith -1(11/04) Iv- zo/� -0zD9 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) �o . mpli t All monitoring data and sampling frequencies do NOT meet permit'requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens publichealth.or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. :-- If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were,prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " Permittee (Please print or type) J, I n 1"OUU A- rs6C6&ICS Pttee* Date submitted electronically) Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certification No.. Certified Laboratory (3) Certification No. Certified Laboratory (4) . Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit's information pages. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on AM-. .:R. R.....+..4......-. 1 C A ATII A /, 1D' ACAG/r.\/1\/ll\ Re: Silver Bluff Village Pertaining to the out -of -compliance on 6/22/2016, Silver Bluff had a spike of high BOD. It took some 'investigating. Silver Bluff had changed vendors for their laundry soap, softener, and disinfectant booster. Vendors like. to sell these products and run at a higher dose in order to sell more materials. After realizing this, I had meetings with vendor, explained the situation and readjusted the equipment. Plant was re- seeded with sludge from Town of, Waynesville. -=ASS.00IAJES- October 10, 2016 NC Environmental QualityWater Reso.arces 2090 U1..S. Highway Swannanoa,, NC 28778 Re:, Notice of Violation & Intent to Assess Civil Penalty NOV-2016-LV-0540 Permit Number: 'NC00336W Pigeon Valley Rest Home WWTP Haywood County To Whom It May Concern;, Civil and Environmental Engineering Environmental .Consufting . Utility Operations Environmental Laboratory RECEIVED Division of water Resources OCT 13 2016 Water Quality Regional Operations Ashe%,ilfe c?Qelonal Office_ s.... After further lab analysis, we feel the BOD issue. is due to chlorination and de -chlorination issues. Influent sampling is being analyzed to verffythere.are no otherch,ernical issues otherthan the chlorination -and de -chlorination. As the Operator of Responsible Charge, t have been instructed. on 9/13/16 on how to properlymo. . chlorination and de -chlorination. The BOQ.,samples taken -6n-9/14/16,9/21/16 and 9/28/16 were within permit.limits. If you have any questions or need any additional information,please call Chris Martin at (864)882-8194 exL122 or Sara Edwards at (864)882-8194 ext.120. Sincerely; Gifford Raulerson Operator of Responsible Charge 210 W. North Ind Street www.goldieassociates.com Phoned (864) 882-8194 Seneca, SC 29678 WE LISTEN. WE SERVE. Fax,. (864).882-0851