HomeMy WebLinkAboutNC0034304_LV20170108_20170405r -
Certified Mail # 70151520 0003 5463 4774
Return Receipt Requested
April 05, 2017
Matthew Knauer
Young Life Ministries
120 Coles Crove Rd
Weaverville, NC 28787
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. NCO034304
Young Life Ministries
Windy Gap Camp WWTP
Case No. LV -2017-0108
Buncombe County
Dear Permittee:
RECE'VEPINCDEUDSVR
Auq ®?,y
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 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 September 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 September 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 of NPDES 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
828-296-4504
c ` t
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0034304, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc.
$250.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$366.62 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
f
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 thk1y (30)ays 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 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. William F. Lane, 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,
l
G. Landon Davidson, P.G., Regiona 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
Gary Kuykendall/ ORC
G:\WR\WQ\Buncombe\Wastewater\Minors\Young Life Windy Gap 34304\LV-2017-0108.rtf
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0108 County: Buncombe
Assessed Party: Young Life Ministries
Permit No.: NC0034304 Amount Assessed: $366.62
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. LV -2017-0108
Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 5, 2017, 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 20
SIGNATURE
ADDRESS
TELEPHONE
J
ATTACHMENT A
Young Life Ministries
CASE NUMBER: LV -2017-0108
PERMIT: NCO034304
REGION:
Asheville
FACILITY: Mundy 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
9/30/2016 9-20.16 Nitrogen, Ammonia
Weekly mg/I 2.40 3.70 52.5
Monthly $250.00
Total (as N) -
Average
Concentration
Exceeded
DIVISION OF WATER RESOURCES - CIVIIL PENALTY ASSESSMENT (File)
Violator: Young Life Ministries
Facility Name: Windy Gap Camp WWTP
Permit Number: NCO034304 .
County: Buncombe
Case Number: LV -2017-0108
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 Ammonia Nitrogen exceeded the permit limit by 52.5%
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 two 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
a Asheville Regional Office
Division of Water Resources, NCDEQ
IVED
j c7:vi,inn of lfdaeer Iieeourc;"3 1
NOV - 7 2096
PERMIT
CERTIFIED LABORATORIES (1) GgrTA
('HF,CK BOX 1F ORC IIAS (,'-tIAN.GIEv,__,CC
ri
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES N Q V 0 1 2016,
DTVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER ti.;,j ;'r;- ,,,fry 1•r:
UPLUENT
DISCHARGE -NO. 661 MONTH S ePf(f � e � YAR
p� e CLASS 11 COUNTY
A
eri
r �� 'pC.wv ,,, � - - GRADE � PHONE
PERSONS) COLLECTING
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
III — . me A win rnwrtvr FTr. TO THF. BEST OF MY KNOWLEDGE.
AD t2lV-/e
Nor- �'�•-.u�- �/nom l ��dy� v, . � � � i! - �io / � —� !
Facility Status: (Please check one of the following) r
E
All monitoring.data and sampling frequencies meet permit requirements PT a
.... Compliant
All, monitoring data and sampling frequencies do NOT meet permit requirements
3�..
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.
"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 manage 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."
Perna ee (Please t o type)
Signa of Pe tee** Date
(Required)
lri0
601P5 CQec &iavre-v'/�, ,u� ��fl7B� 8-�Ys-�r�� id /agars
Permittee Address Phone Number Permit Exp. Date
00010
Temperature
00076
Turbidity
00080
Color (Pt -Co)
00082
Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
0031.0 BODS
00340 COD.
00400 pH
00530 Total Suspended
Residue
00545 Settleable Matter
PARAMETER CODES
00556
Oil & Grease 00951
Total Fluoride
00600
Total Nitrogen 01002
Total Arsenic
.006:10
Ammonia Nitrogen
00929
00625
Total Kjeldhal 01027
Cadmium
39516
;Nitrogen
50050
W60
Nitrates/Nitrites 01032
Hexavalent .Chromium
00665
Total Phosphorous
00720
Cyanide
00745
Total Sulfide
00927
Total Magnesium
00929
Total Sodium
00940
Total Chloride
01034 Chromium
01037
Total Cobalt
01042
Copper
01045
Iron
01051
-Lead
01062
Molybdenum
01067
Nickel
01077
Silver
01092
Zinc
01105
Aluminum
01147
Total, Selenium
31616
Fecal Coliform
32730
Total Phenolics
34235
Benzene
34481
Toluene
38266
MBAs
39516
PCBs
50050
Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting
the Water Quality Section's web site at h2o.enr.state.nc.us/wgs and linking to the Unit's information pages.
Use only units designated in the reporting facility's permit for reporting data.
* ORC must 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 file with the state per 15A NCAC 2B .0506 (b)
(2) (D)•
Case
Number
Penalty
Assessment Penalty
MR
Approved Amount
Enforcement
Costs •
Remission
Request
Damages Received
g
Enf
Conf
Held
Enf
Remission
Amount
Permit Enforcement History Details by Owner
-
Case
Closed
LV -1999-0435
10/22/99 $1,000.00
4/3/2017
11/8/992"4
12/1/99
$0.00
1
Owner:
Young Life Ministries
LV -2000-0382
9/5/00 $1,250.00
Facility :
Windy Gap Camp VWVfP
Permit:
NCO034304
9/26/00
LV -2000-0418
Region:
Asheville
County. Buncombe
Case
Number
Penalty
Assessment Penalty
MR
Approved Amount
Enforcement
Costs •
Remission
Request
Damages Received
g
Enf
Conf
Held
Enf
Remission
Amount
EMC EMC OAH Collection
Hearing Remission Remission MemoSent Total
Held Amount Amount To AGO _ Paid
Has
Balance Pmt
Due Plan
Case
Closed
LV -1999-0435
10/22/99 $1,000.00
$73.11
11/8/992"4
12/1/99
$0.00
$1,073.11
$0.00 No
1/24/00
LV -2000-0382
9/5/00 $1,250.00
$73.11
$1,323.11
$0.00 No
9/26/00
LV -2000-0418
9/27/00 $1,500.00
$73.11
$1,573.11
$0.00 No
10/31/00
LV -2000-0443
10/19/00 $1,250.00
$73.11
$1,323.11
$0.00 No
11/29/00.
LV -2001-0304
8/27/01 $1,000.00
$73.69
9/21/01'"
12/4/01
$0.00
$1,073.69
$0.00 No
1!30/02
LV -2002-0522
10/29/02 $250.00
$100.00$350.00
$0.00 No . 12/17/02
LR -2006-0017
3-2006 5/23/06 $500.00
$100.00
7/17/06'
9/5/06
$0.00
$600.00
$0.00 No
10/10/06
LV -2007-0025
7-2006 1/19/07 $100.00
$126.82
'
$226.82
$0.00 No
2/13/07
LV -2008-0084
12-2007
3/3/08 $200.00
$65.07
$265.07
$0.00 No
4/7/08
LM -2016-0030
7-2016
12/12/16 $200.00
$116.62
$316.62
10.00 No
1/4/17
LV -2017-0099 8-2016 3/30/17 $200.00 $116.62 $316.62 No
LV -2017-0108 9-2016 3/31/17 $250:00 $116.62 $366.62 No
Total Cases: 12 Total Penalty Amount: $7.700 Total Enforcement Cost: $1,107.88 Sum Of Total Paid: $8,124.64
Total Balance Due: $683.24
Sum of Total Case Penalties: $8.807.88 Total Penalties After Remissions: $8,807.88