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HomeMy WebLinkAboutNC0034304_LM20160030_20161213jy�cr. Certified Mail # 7014 0510 0000 4466 3975 Return Receipt Requested December 13, 2016 Matthew Knauer Young Life Ministries 120 Coles Grove Rd Weaverville, NC 28787 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO034304 Young Life Ministries Windy Gap Camp WWTP Case No. LM -2016-0030 Buncombe County Dear Permittee: RECEIVE®I�CD�QID���' DEC 16 2016 ylatar Quality ®n parnflwing„ This letter.transmits a Notice. of Violation and assessment of civil penalty in the amount of $316.62 ($200.00 civil penalty + $116.62 enforcement costs) against Young Life Ministries. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Young Life Ministries for the month of July 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. NC0034304. The violations, which occurred in July 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Young Life Ministries violated the terms, conditions or requirements ofNPDES WW Permit No. NCO034304 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 Young Life Ministries: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 !1 200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0034304, by discharging waste water into •� the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $0.00 . 0 of the .1 violations of 143-215.1(a)(6) and Permit No.NC0034304, by discharging waste water.inio the waters of the State in violation of the Permit Monthly Geometric Mean for FCOLI BR. $0.00' for 0 of the 1 failures to properly monitor DO in violation of Permit No. NC0034304. $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 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 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 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 thidy Q 0Lys 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: t� 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 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 atjanet.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/Enforeement Unit - Enforcement File G:iWRlSV(?`.13uncombelWasten-ater\iinors\Young rife Windy Gap 34304\LM-3016-0r)Xrtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LM -2016-0030 County: Buncombe Assessed Party: Young Life Ministries Permit No.: NC0034304 Amount Assessed: $316.62 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) 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 BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Young Life Ministries ) Windy Gap. Camp WWTP ) PERMIT NO. NCO034304 ) CASE NO. LM -2016-0030 Having been assessed civil penalties totaling $316.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 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 fin-ther 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 ADDRESS TELEPHONE SIGNATURE 20 Y . 1 `9 ATTACHMENT A Young Life Ministries CASE NUMBER: LM -2016-0030 PERMIT: NCO034304 REGION: Asheville FACILITY:, Windy Gap Camp WWTP COUNTY: Buncombe LIMIT 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 7/14/2016 7-2016 Coliform, Fecal MF, Weekly ##/100ml 400 400 Daily Maximum $100.00 MFC Broth, 44.5 C. Exceeded 7/28/2016 7-2016 ,Coliform, Fecal MF, Weekly #/100m_ I 400 400 Daily Maximum . $100.00 MFC Broth, 44.5 C Exceeded 7/31/2016 7-2016 Coliform, Fecal MF, Weekly #/100ml 200 236.40 18.2 Monthly $0.00 MFC Broth, 44.5 C Geometric Mean Exceeded 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 7/2/2016 7-2016 Oxygen, Dissolved Weekly mg/I Frequency $0.00 - (DO) Violation DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Young Life Ministries Facility Name: Windy Gap Camp WWTP Permit Number: NCO034304 County: Buncombe - Case Number- LM -2016-0030 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; Two Daily Max. Fecal Coliforms were each reported as >400#/100ml. One Monthly Average Fecal Coliform exceeded the permit limit by 18.199%. 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 is -unknown. 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 have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 tZ.m 3.UA Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EFFLUENT �^ I NPDES PERMIT NO. L 063143 641 DISCHARGE NO. ®b MONTH YEAR J cJl l 0 FACILITY NAME-!&I.en L ffC CLASS .r COUNTY J3cdf'I66,b e OPERATOR IN RESPONSIBLE CHARGE (ORC)�'�oa�rs� I sncl&tI GRADE PHONE �d�St'� 5-2(�7 CERTIFIED LABORATORIES (1) 6-4A 5nufrD f"+evt'� i (2) CHECK BOX IF ORC HAS CHANGED ® PERSON(S) COLLECTING S MPLES u,4114 kl W Mail ORIGINAL and ONW ;A 1 0 D ATTN: CENTRAL FILES x A4 .fir DIVISION OF WATER QUALITYG 2 9 2 t6 (SIGNATUR F OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAII. SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE, 50050 1 0 4 d 50060 00310 00610 0053 3161 ,8 0 00600 00665 d FLOW c� E I 9 ENTER PARAMETER CODE ABOVE —�, -6 Pc• soot W Z i W p NAME AND UNITS BELOW NF ❑ E, C4 A pV EFF Q i5 d' Z d O :,"�;I�� E O H O o�0C/) a OPw+ W""�i o Q F C4 U z p O A ❑ MG rmo vne - viumT Ni!'il O r TTiViTS 6d UGiI, .MG/L MG/L b IG/L.-.-1 MG/L- MGlL • :oh1 Mouthly Limit 9�' DW or R-1 (Oil /00 /'tld� m+ ff f p p,EM mpw�-Iqwm Mum am wo Mlonfflo ww®'d-., 41 + f .. 10 11111 G- , /, 10M ---- -d'�m�------M®®-- mm mmmmm a, f, i •®______�® mod„ °Em d J+EMEM s MIT mm mmumom film MOM • '' '®� _�__� • :oh1 Mouthly Limit 9�' DW or R-1 (Oil /00 /'tld� m+ ff f p p,EM mpw�-Iqwm am wo Mlonfflo 41 1:300 iiiiiii 10 11111 • :oh1 Mouthly Limit 9�' DW or R-1 (Oil /00 /'tld� Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements.L ------- - -- Compliant All monitoring data and sampling frequen6ie§ ado NOTnxieet'permit requirements ❑ N omp ' t If the facility'is`noncompliant, please, comment on corrective actions being taken,in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. "L.cei•fify, under penalty of law; that this document and afl-altaehments-,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 manage the system, or those.,persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurafe, and coirplete. I am aware that there, are signifncani=penalties,,,for j submitting false information, including the possibility of fines and imprisonment for knowing violations! . Pe e Pleaype) e7f,r4Attee*i °Signau Date (Required) Puv-•< v:`/% a1l ar7g -7 Permittee Address Phone Number Perihit Exg. Date - PARAMETER CODES 00010 Temperature 00556 OR & Grease 00951 Tbfal Fluoride 01067 Nickel= 150060 Total`' 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver =,_ _ Residual- - ,00080 Coldr'(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc:,—, ChlSirine '00082 .Colon (ADMI) 00625 Total Kjeldhal '.• 01027 Cadmium (J 1105. ,_Aluminlnzn Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent.Chrorntam.. -01147 Total Selenium: .71880' Farmal$ehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform-'` rt 71900 Metcury 00310 BODS 00665 Total Phosphorous 3 32730 Total -Phenolics' ,81551' Xytene`' 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00145 Total Sulfide 01042 Copper 34481 Toluene'', 00530 ,Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS _ Residue 00929 Total Sodium `= 01051 Lead 39516 '..CBs i 00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow.".,.;;. Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (9.19) 7.3.35083 qr by visaing the Water Quality Sectnoni's",web site at h2o.enr.state.nc.us/wgs.4nd linking to the -.Unit's information pages.; Use only units designated in the reporting facility's permit for reporting data. *URC musf`visit facility and document visitation.of facility as=required•per 15A•NCAC 8G..0204. **If signed by other than the permittee, delegation of signatory -authority must be on fnle,with -the state pet 15A NCAC 2B .0506 (b) (2Y (D)• Young Life Windy Gap NCO034504 Mr. Landon Davis, I am writing this letter in regards to -a NOV I received. The tracking # is NOV-2016-LM-0065. I am writing this to let you know I have received it and to explain some of the problems we have been having. I left -for vacation the 23th of November and did not return until the 5th of December. As of the 23 1h I had not received this notice. Our first problem that occurred this past summer was a Fat, Oil and grease problem. Our Kitchen had iinstalled an -Industrial size garbage disposal. Once we figured out the problem and where the grease was coming from we corrected the problem but still took a few weeks to finally get rid of the grease we were having at the plant. Secondly, our numbers for the summer dropped dramatically and sporadically in the later part of July. We went from our numbers being around 500 to sometimes 300 or 150 and sometimes 0. This made it. hard for the plant and [corrected the timers and the amount of run time to compensate for the fewer numbers. Thirdly with reference to the Dissolved Oxygen for that month that was an oversight on me and I have amended the report and taken care of that. I still believe our largest problem was the FOG we encountered. I am still dealing with some of it even .now. It is definitely less than before but its taking a while to get out of our system. Please II or email if y have any questio Gary Kuykendall. ` 120 Coles Cove Rd. Weaverville, NC28787 828-645-7187 Gkuykendall@wg.younglife.org. DEC - 9 '2016 Water f, (Regional operffi{ons As,' t(e Rc<iCnal Offices___ _. E