NC0028606_LM20160027_20161031

Certified Mail #70151520 "0002 "6984 8006
c
Return Receipt Requested
October 31, 2016
Jason Joyce
NC DOT - Environmental Operations
PO BOX 250
North Wilkesboro, NC 28659-0250
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 W Permit No: NC0028606
W
NC DOT; Environmental Operations
I-77 Rest Area Iredell County
Case No. LM -2016-0027
Iredell County
Dear Mr. Joyce:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $318:00 ($217.00 civil penalty +
$101.00 enforcement costs) against NC DOT - Environmental Operations.
This assessment is based upon the following facts: a'review has been conducted of the discharge monitoring report (DMR)
submitted by NC DOT Environmental Operations 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 WAN Permit No NC0028606.
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 NC DOT - Environmental Operations violated the terms,
conditions or requirements of NPDES WW Permit No. NCO028606 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:violatesahe 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,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against NC DOT.-
Environmental
OT-Environmental Operations:
State of North Carolina Environmental Quality I Water Resources
610 East Center Avenue, Suite'301, Mooresville, NC 28115
704-663-1699

100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
-0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC6028606, by discharging. waste water into;
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc:.
0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00028606, by discharging waste water.into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
71.00 for 1 of the 1 failures to properly monitor TOTAL N - Cona,in. violation of Permit No. NC0028606..
46.00 for 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of Permit No. NC0028606.
217.00 TOTAL CIVIL PENALTY
101.00 Enforcement Costs a
$318.00 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(6), 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 ofthis 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: Submita 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'a's theyy 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 administrativehearing and a stipulation and ;
agreement that: no factual or `legal issues are in dispute. Please prepare adetailed statementthat 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'thkty Q0),.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 uetition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest I any statement in the attached assessment document you must file a'petition for an administrative
hearing. You in Hearings: 6 in,' petition may obtain the. petition form from the Administrative, He in s. -Y u qstfile.thep tio with
fli . 6 Office of Admini , strative Hearings within thirty (30) days of receipt of this notice. = A petition is considered filed
when it; is. received in the Office ofAdministrativeHearings during normal office, hours. The Office of Administrative
g
Hearin s accepts filings Monday through Friday betweenthe, hours of 8:0.0 a.m..'and 5:00 p.m., except for official state
,
holidays:- The petitionMay be filed by. facsimile (fax) or electronic"rhail by an attached file (With restriction provided
the signed original, qnq.(l) cop 9
,y. and a filing fee. (ifa filing fee is required byNCOS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business Jays, following the faxed or electronic transmission. You
should contact the Office of Administrative. Hearings with all questions reiiarding 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 27,699-6714
Tel.: [phone]
Fax. -(9.19)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 Jettpr)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 Generars 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 haveany questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at wes.bell*cderingow...
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville. Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional. Office - Enforcement File
NPDES Com pliance/Enforce'men't Unit - Enforcement File

Iw
JUSTIFICATION FOR REMISSION REQUEST
Case Number: . LM -2016-0027 County: Iredell
Assessed Party: NC DOT - Environmental Operations
Permit No.:. NCO028606 Amount Assessed: $318.00
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 ofthe 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 maybe 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 IREDELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN,
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
NC DOT - Environmental Operations )
I-77 Rest Area Iredell County )
PERMIT NO. NCO028606 ) CASE NO. LM -2016-0027
Having been assessed civil penalties totaling $318.0.0 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 31, 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 (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
TELEPHONE
SIGNATURE
20

PERMIT:
NCO028606
.FACILITY:
I-77 Rest Area Iredell County
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Date
Month/Yr Parameter
6/15/2016
672016 BOD, 5 -Day (20 Deg
Type
C) - Concentration
6/30/2016
6-2016 BOD, 5 -Day (20 Deg
45
C) - Concentration
6/15/2016
Daily Maximum
6-2016 Solids,_Total
Suspended -
Concentration
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
.ATTACHMENT A
NC DOT - Environmental Operations
CASE NUMBER: LM -2016-0027
REGION: Mooresville
COUNTY: Iredell
Violation
Unit of
Limit
Calculated
% Over
Violation
Penalty
Frequency
Measure
Value
Value
Limit
Type
Amount
Weekly
mg/I
45
69.50
.54.4
Daily Maximum
$100.00
Violation
6/30/2016
6-2016
Exceeded
Quarterly mg/l
Weekly
mg/I
30
33.40
11.3
Monthly
$0.00
Average
Exceeded
Weekly
mg/I
45
46.70
3.8
Daily Maximum
$0.00
Exceeded
Violation
Report
Unit of Limit Calculated % Over
Violation
Penalty
Date.
Month/Yr
Parameter
Frequency Measure . Value Value Limit
Type
Amount
6/30/2016
6-2016
Nitrogen, Total -
Quarterly mg/I
Frequency
$71.00
Concentration
Violation
6/30/2016
6-2016
Phosphorus, Total (as
Quarterly mg/l
Frequency
$46.00
P) - Concentration
Uglation