HomeMy WebLinkAboutNC0025381_LV20160243_20161130Certified Mail # 7014 0510 0000 4466 4347
Return Receipt Requested
November 30, 2016
Ron Nalley, Town Manager
Town of Lake Lure
PO Box 255
Lake Lure, NC 28746-0255
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. NCO0253 81
Town of Lake Lure
Lake Lure WWTP
Case No. LV -2016-0243
Rutherford County
Dear Permittee:
RECEIVED/NCDE IDINR
DEC 07 2016
i4Jatcr Ogaiiry
Pen -rifting So-c"lo l
This letter transmits a.Notice*ofViolation and assessment of civil penalty in the amount of $2,616.62'($2,5 00.00 civil penalty
+ $116.62 enforcement costs) against Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Lake Lure 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. NC0025381. 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 Town of Lake Lure violated the terms, conditions or
requirements of NPDES WW Permit No. NCO025381 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 bf Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of
Lake Lure:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.' 70 Highway, Swannanoa, NC 28778
828-296-4500
$1,250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0025381, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for FLOW.
$1,250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00025381, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
$2,500.00 TOTAL C1VII. PENALTY
$116.62 Enforcement Costs
$2,616.62 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 thirty(30) dans 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 offtcial 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 (3 0) 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/Enforcement Unit - Enforcement File
Byers Environmental/ ORC
GaWR`�NQ'Rutherfordl�Fastewater:hiunicipaliL�iheLureNW'rp25 81`y1.V-2o16-0243.rtf
JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV -2016-0243
Assessed Party: Town of Lake Lure
Permit No.: NC0025381
County: Rutherford
Amount Assessed: $2,616.62
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. 14313-282.1(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 RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Lake Lure )
Lake Lure WWTP 1
PERMIT NO. NCO025381 ) CASE NO. LV -2016-0243
Having been assessed civil penalties totaling $2,616.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 30, 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
SIGNATURE
20
ATTACHMENT A
Town of Lake Lure
CASE NUMBER: LV -2016-0243
PERMIT: NCO025381 REGION: Asheville
FACILITY: Lake Lure WWTP COUNTY: Rutherford
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Date
Report
Month/Yr
Parameter Frequency
Unit of
Measure
Limit
Value
Calculated % Over
Value Limit
Violation
Type
Penalty
Amount
7/31/2016
7-2016
Flow, in conduit or thru Continuous
mgd
0.50
0.60 13.3
Monthly
$1,250.00
treatment plant
Average
Exceeded
7/31/2016
7-2016
Nitrogen, Ammonia 3 X week
mg/I
9.40
13.80 46.9
Monthly
$1,250.00
Total (as N) -
Average
Concentration
Exceeded
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Lake Lure
Facility Name: Lake Lure WWTP
Permit Number: NCO025381
County: Rutherford
Case Number: LV -2016-0243
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 Monthly Average Flow exceeded the permit limit by 13.33%.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 46.89%.
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 five civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
`NPDES PERMIT NO.: NC0025381 PERMIT VERSION: 4,0
FACILITY NAME: Lake Lure W WTP . CLASS: WW2
OWNER NAME: Town of Lake Lure ORC: Donald;G Byers
GRADE- WW -4. ORC HAS CLANGED: No
eDMR PERIOD: 07-2016 (July 2016) VERSION: 1.0
PERMIT STATUS: Active
COUNTY- Rutherford J
ORC CERT NUNAER: 10939
STATUS: Processed SENT TO STAITE
SAMPLING LOCATION: EI FIFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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FACILITY NAME: Lake Lure W WTP CLASS: WW -2
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GRADE: WW4. ORC 11AS CHANE ED• N
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NPDES PERMIT NO.: NC0025381
FACILITYNAME: Lake Lure WWTP
OWNER NAME: Town of Luke Lure
GRADE: W%V 4.
ell19R PERIOD: 07-2016 (July 201 G)
COMPLIANCE: A
ORC/CeFtifjer .Sigu.alure: .D.o
PERMIT VERSION: 4_0
PERMITSTATUS: Active
CLASS: WW -2 COUNTY: Rulhcrford
ORC: Donald G Byers ORC CERT NUMBER: 10939
ORC HAS CHANGED: No
VERSION; 1_0 STATUS: Processed
CONTACT I'HONE /h 828577991E SUBI9iSS[ON UA'Pf: 0813112016
08/31 /201 h
Glenta Dyers E-Mail:Uycrscnviionncutal(a3gntail.com Phone J1:828-577-9916
By this signature, I certify that this report is accurate and conlplctc to ilia best of my knuwlsgc
Data
The permittee shall ecliod to the Director or the appropriate Regional Off -tee any noucoulpliFu— duct pntent.iarlly.thrcatens public health or ilia environment.
Any information shall be provided orally within 24 hotirs from Q1e tittle the permittee became aware of the circumstances. A written submission shall also be
provided within 5 clays of the time the permittee becomes aware of the circumstances.
if the facility is noncompliant, Please attach a list of correctivc actions being taken and atime-tabic for improvements to be madeas required by part ILE.G of
the NPDES permit, i
F_ .� � .YJ .: .may ,._n.6 . y't 3 j),u. i f• ,`�.:'.. :
Permittee/Submitter Signature 08/31!2016 1 = _
- i Date .
Petmitiee Address: US Hwy 64/74 Lake Lure NC 28746 Permit Expiration Dale: 08/31/2618
I certify, under penally 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 evcduale 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 inforniation submitted is, to ilia best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false bliformation, including the possibility of tines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: Environmental Testing Solutions & Byers Environmental lite
CERTIFIED LAB #: Environmental Testing Solutions (NC600) & Byers fnvimmuental inc (5641)
PERSON(s) COLLECTING SAMPLES: Byers Environmental, Inc C)pcnuers
PARAMETER CODES
I
Parameter Code assistance may be obtained by calling the NI'DES Unit (919) 807-6300 or lay visiting http://portal.nedeiir.org/wcbhvq/swp/ps/lipdcs/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NI'DES permit for reporting data.
No Flow/Discharge FIo111 Site: Check this boa if no discharge occurs and, as u result, there are no data to he entered for nil of the parameters on ilia DMR
for entire monitoring period..
ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 813 .0204.
Signature of Pennittec: if signed by other than the permittee, then delegation of the signatoryauthority must he on file with the state per 15A NC'AC 2B
.0506(b)(2)(D)•
Permit Enforcement History Details by Owner
11!30/2016 . _
1
Owner: Town of Lake Lure
Facility : Lake Lure WWTP
Permit: NCO025381
Region : Asheville County Rutherford
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty, Enforcement Request, Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Number
Case MR Approved Amount Costs Damages Received Held Amount Held Amount. Amount To AGO Paid Due Plan Closed
RV -1993-0044 6/11/93 $250.00 $0.00 $0,00
$0.00 No 7/1/93
DV -1997-0011
4/23/98
$5,000.00
$394.24 5/21/98 8/5/98 $2,000.00
$3,394.24
$0.00 No
10/7/98
CV -1999-0010
1/11/00
$4,000.00
$179.10
$4,179.1.0
$0.00 No
2/17/00
LV -2000-0332
8/8/00 $1,250.00
$105.50
$1,355.50
$0.00 No
8/25/00
LV -2000-0397
9/18/00 $500.00
$1.05.50'
$605.50
i
$0.00 No
10/11/00
LV -2001-0240
7/9/01 $1,000,00
.
$105.50
$1,105.50
$0.00 No
10/8/01
LV -2002-0434
9/17/02 $1,250.00
$105.50
'$1,355.50
$0.00 No
10/8/02
LV -2002-0438
9/17/02 $250.00
$105.50 "
$355.50
$0.00 No
'10/8/02
LV -2002-0681
12115/02 $250.00
$105.50 .-
$355.50
$0.00 No
12/30/02
LV -2003-0612 6-2003
9/15/03 $250.00
$100.00
$350.00
$0:00 No
10/13/03
LV -2003-0778 9-2003
12/15/03 $250.00
$100.00
$350.00
$0.00 No
1!5/04
LV -2004-0204
10-2003
6/14/04
$500.00
$100.00
$600.00
$0.00 No
6/29/04
LV -2004-0323
5-2004
8/3/04
$250.00
$100.00.
$350.00
$0.00 No
8/23/04
LV -2004-0437
6-2004
9/1/04
$250.00
$100.00
$350.00
$0.00 No
9/22/04
LV -2006-0335
2-2006
9/5/06
$250.00
$126.82
$376.82
$0.00 No
9/15/06
LV -2007-0032 7-2006 2/8/07 $1,750.00 $126.82 $1,876.82 $0.00 No 12/11/07
11/30/2016
2
LV -2007-0033 8-2006 2/8/07 $2,000.00 $126.82 $2,126.82 $0.00 No 12/11/07
LV -2007-0034
9-2006
2/8/07
$2,000.00
$126.82
$2,126.82
$0.00 No
12/11/07
LV -2007-0035
10-2006
2/9107
$1,500.00
$126.82
$1,626.82
$0.00 No
12/11/07
LV -2007-0036
11-2006
2/9/07
$2,500.00
$126.82
$1,676.82
$0.0.0 No
12/11/07
SP -2008-0023
4-2008
12/2/08
$3,500.00 $0.00
$3;500.00
$0.00 No
12/5/08
SP -2008-0023
7-2008
12/2/08
$3,500.00 $0.00
$3,500.00
$0.00 No
12/5/08
SP -2009-0001
8-2008
1/5/09
$2,000.00
$2,000.00
$0.00 No
1/7/09
LV -2010-0303 4-2010 9/8/10 $750.00 $67.00 10/8/10 6/3/11 $0.00 $817.00 $0.00 No 9/14/11
LV -2010-0353
5-2010
10/25/10 $1,000.OQ
$67.00
11/24/10
$1,067.00 No
LV -2010-0394
6-2010
11/30/10 $11'000.00
$67.00
1/3/1.1
$1,067.00 No
LV -2011-0015 7-2010 1/13/11 $2,250.00 $67.00 2/12/11 $2,317.00 No
LV -2011-0047 8-2010 2/22/11 $2,250.00 $67.00 3/21/11 $2,317.00 No
LV -2011-0048 9-2010 2/22/11 $1,562.50 $67.00 3/21/11 $1,629.50 No
LV -2011-0049 10-2010 2/22/11 $1,250.00 $67.00 3/21/11 $1,317.00 No
LV -2011-0302 4-2011 11/21/11 $1,125.00 $142.00 12/21/11 $1,267.00 No
LV -2014-0116 1-2014 9/23/14 $1,000.00 $147.50 $1,147.50 No
LV -2014-0119
4-2014
9/23/14
$1,750.00
$147.50
$1,897.50 No
LV -2014-0126
5-2014
10/7/14
$1,750.00
$147.50 10/31/14
$1,897.50 No
LV -2014-0127 6-2014 10/16/14 $2,000.00 $147.50 10/31/14 $2,147.50 No
LV -2014-0128
7-2014
10/16/14 $1,562.50
$147.50 10/31/14
$1,710.00 No
LV -2016-0032
6-2015
1/27/16 $750.00.
$159.26
$909.26 No
11/30/2016
3
LV -2016-0042 7-2015 1/28/16 $750.00 $159.26 $909.26 No
LV -2016-0065 8-2015 3/3/16 ' $1,500.00 $158.22 $1,658.22 No
LV -2016-0168 4-2016 8/26/16 $750.00 $112.94 $862.94 'No ,
LV -2016-0200 5-2016 9129116 $750.00 $116.62 $866.62 No
LM -2016-0023 6-2016 10/14/16 $1,040.01 $116.62 $1,156.63 No -
Total Cases: 41 Total Penalty Amount: $59,040 Total Enforcement Cost: $4,638.68 Sum Of Total Paid: $34,334.26
Total Balance Due: $26,144.43
Sum of Total Case Penalties: $63,678.69 Total Penalties After Remissions: $60,478.69
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