NC0028606_LV20160242_20161130

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Certified Mail #70151520 0.002 6984 8037
Return Receipt Requested
November 30, 2016
Jason JoyceD,,6Q/®
NC Department of Transportation bEC ®, 20J�
PO B9x
North Wilkesboro, NC 28659-0250 n7 #��
250 A� UaPity 6
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. NCO028606
NC DOT - Environmental Operations
I-77 Rest Area Iredell County
Case No. LV -2016-0242
Iredell County
Dear Mr. Joyce:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $551.00 ($450.00 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 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. NC0028606.
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 NC DOT - Environmental Operations violated the terms,
conditions or requirements ofNPDES 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 violates the terms, conditions or requirements of apermit 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, Moores ville.Regional Office hereby make the following civil penalty assessment against NC DOT -
Environmental Operations:
State of North Carolina I 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 wastewater into
IJ
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
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 violationof the Permit Daily Maximum for TSS Conc.
0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit N6:NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
250.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.NC0028606, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.,
450.00 TOTAL CIVIL PENALTY,
$101.00 Enforcement Costs
551.00 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(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 rectifyingthe 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 theTollowing
-,(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 theDepartment 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
16.17 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 'ofthe 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 detailedz. 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 determiningwhether 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, itis 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 Q0) -days of receipt of this
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
16.17 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearina..with the. Office of Administrative Hearines:
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-ofAdministrative Hearings-within.thirty=(30) days of receipt of ths;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-filirig 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
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: [phone].
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 2'7699-1601
,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.(nota 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 have any questions, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at [e-mail].
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 Compliance/Enforcement Unit Enforcement File,

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0242 County: edell
Assessed Party: NC DOT - Environmental Operations
Permit No.: NCO028606 Amount Assessed: $551.00
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 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 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 occurrence.-,),-
(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 penally will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

c�
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. LV -2016-0242
Having..been assessed civil penalties totaling 551.00 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 (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: NCO028606
FACILITY: 1-77 Rest Area Iredell County
ATTACHMENT A
NC DOT - Environmental Operations
CASE NUMBER: LV -2016-0242
REGION: Mooresville
COUNTY: Iredell .
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
7/27/2016 7-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I '
45
75.60 68.0
Daily Maximum
$100.00
C) - Concentration
Exceeded
7/31/2016 7-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
30
35.00 16.8
Monthly
$0.00
C) - Concentration-
Average
Exceeded
7/27/2016 7-2016 Solids, Total Weekly mg/I 45 135 200.0 Daily Maximum $100.00
Suspended- Exceeded.
Concentration
7/31/2016 7-2016 Solids, Total Weekly mg/I 30 .41.00 36.6 Monthly
Suspended- Average
Concentration Exceeded
$250.00