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Home My WebLink AboutNC0066362_LM20170019_20170628l; Ploy COOPER oomw MICHAEL S. PIEGAN ,Set�tett�r' Wratet't � dna c S. JA's Z[l� M RMAt�l EWR614NEWALOVALV flftctvr Certified Mail # 7016 1370 0001 6571 8430 Return Receipt Requested June 28, 2017 RECEIVEMCDEWWR Nathan D Benson PO Box 1090 JUL 0 6 2017 Mountain Home, NC 28758-1090 Water Quality Permitting Section 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 NCO066362 Nathan D Benson Benson Apartments WWTP Case No LM -2017-0019 Henderson County Dear Permittee This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $304 12 ($187.50 civil penalty + $116 62 enforcement costs) against Nathan D Benson This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Nathan D Benson for the month of February 2017 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 NCO066362 The violations, which occurred in February 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that Nathan D Benson violated the terms, conditions or requirements of NPDES WW Permit No NCO066362 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 Nathan D Benson State of North Carolina Environmental Quality Water Resources 2090 U S 70 Highway, Swannanoa, NC 28778 828-296-4500 M� $125.00 1 of the 1 violations of 143-215.1(a)(6) and Permit NO.NC0066362, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No NC0066362, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for TSS - Cone. $62.50 for 1 of the 1 failures to properly monitor CHLORINE in violation of Permit No. NC0066362 $187.50 TOTAL C1VII. PENALTY $116.62 Enforcement Costs $30412 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 thg1y Q 0) 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 3: File a petition for an admi 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 (3 0) 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 § 15013-23.2) 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 (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.cautwell@ncdenr.gov. G. Llon Davidson, P G., Regional Supervisor Water Quality Regional Operations Section Ashevi� le Regional Office Divisi of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File GtWR`d4QWendeison' WasrewnteAkfinorslBenson Apartments663621Li`1-2017-OO19rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LM -2017-0019 County: Henderson Assessed Party: Nathan D Benson/ Benson Apts. Permit No.: NC0066362 Amount Assessed: $304.12 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 m 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 HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Nathan D Benson ) Benson Apartments ) PERMIT NO NCO066362 ) CASE NO. LM -2017-0019 Having been assessed civil penalties totaling $301 12 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 28, 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 (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 , 20 SIGNATURE ADDRESS TELEPHONE 3 ATTACHMENT A Nathan D Benson CASE NUMBER: LM -2017-0019 PERMIT: NCO066362 REGION: Asheville FACILITY: Benson Apartments COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION- Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 2/8/2017 2-2017 Solids, Total Weekly mg/I 45 7920 760 Daily $12500 Suspended- Maximum Concentration Exceeded 2/28/2017 2-2017 Solids, Total Weekly mg/I 30 3270 90 Monthly $000 Suspended- Average Concentration Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 2/4/2017 2-2017 Chlorine, Total 2 X week ug/I Frequency $6250 Residual Violation DIVISION OF WATER RESOURCES - CIVIIL PENALTY ASSESSMENT (File) Violator: Nathan D Benson Facility Name: Benson Apartments WWTP Permit Number: NCO066362 County: Henderson Case Number: LM -2017-0019 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. Re: Total Residual Chlorine- Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; Total Residual Chlorine was not monitored once of twice a week (of the week ending 02/04/17) per the requirements of the NPDES permit. One Daily Max TSS exceeded the permit limit by 76% One Monthly Average_TSS exceeded the permit limit by 9% 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. Potential violations may not be revealed with "Failure to Monitor " 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 six civil penalty enforcements in the twelve months prior to this violation. S) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regiona upervis6r Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO.: NCO066362 PERMIT VERSION: 4 0 FACILITY NAME: Benson Apartments CLASS: WW -2 OWNER NAME: Nathan D Benson ORC: Shannon D James GRADE: WW -2 ORC HAS CHANGED: No eDMR PERIOD. 02-2017 (February 2017) VERSION. 10 SAMPLING LOCATION: EFFLUENT DISCHAR 00055 92 72 < 15 187 0 258 282 <2 ;- Nt,�0.: T 50050 00010 00400 H 17 1610 B a 0 a a E Weekly Weekly Weekly a d F 50060 u y 4 a g Instantaneous Grab Grab e u z q U E $ O 2 FLOW TEMP C pH 2400 doek Hrs 2400 clock Hrs YIBIN mgd deg c an 1 1205 072 Y 0 005 167 165 2 1555 008 Y Grab Grab Grab Grab 3 1500 032 Y CHLORINE 6 1 1724 PERMIT STATUS: ActiveC/ I i��) COUNTY: Henderson 023 < 15 ORC CERT NUMBER: 1002526 is 1440 028 STATUS: Processed 00055 92 72 < 15 187 0 258 282 <2 ;- Nt,�0.: 001 NO DISCHARGE*: NO Y 17 1610 023 Y <15 50060 C0310 C0610 C0530 31616 81010 2Xweek Weekly Weekly Weekly 2Xmonth 0.47 Y d 143 Grab Grab Grab Grab Grab Calculated CHLORINE BOD -Conn NH3-N-Con TSS -Cone FCOLIDR HODS -%R <2 mg/l mg/l mg/l #/100m1 percent <15 13.5 0521 1325 <1 23 1345 6 1 1724 1008 Y I 14 1710 023 < 15 28 1704 010 1 Y is 1440 028 Y 00055 92 72 < 15 187 0 258 282 <2 7 1632 023 Y 17 1610 023 Y <15 18 Monthly Avenge 0005125 13.475 0 17145 8 1510 0.47 Y 0005 143 69 <15 277 0355 033 792 <2 9 1713 008 Y 153 23 1345 020 Y 24 1558 0 17 Y < 15 10 1635 020 Y 13 11605 1017 Y 14 1710 023 Y 28 1704 010 1 Y is 1440 028 Y 00055 92 72 < 15 187 0 258 282 <2 16 1632 023 Y 17 1610 023 Y <15 18 Monthly Avenge 0005125 13.475 0 17145 19 327 1 9532 20 1610 030 Y 0 521 21 1525 033 Y 0005 137 63 <15 868 0298 183 <1 22 1517 0 O8 Y 153 23 1345 020 Y 24 1558 0 17 Y < 15 27 1643 0 25 1 Y 28 1704 010 1 Y < 15 53 9532 Monthly Avenge Limit 0008 30 14.5 30 200 Monthly Avenge 0005125 13.475 0 17145 0.358 327 1 9532 Dady Manmam. 00055 167 72 0 277 0 521 792 0 9532 Dady Mimmum 10.005 92 163 0 868 0 258 153 0 19532 ****No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY =No Visitation —Holiday NPDES PERMIT NO.: NCO066362 FACILITY NAME: Benson Apartments OWNER NAME: Nathan D Benson GRADE: WW -2 eDMR PERIOD: 02-2017 (February 2017) COMPLIANCE STATUS: Compliant PERMIT VERSION: 4 0 CLASS: WW -2 ORC: Shannon D James ORC HAS CHANGED. No VERSION: 10 CONTACT PHONE #: 8286970063 PERMIT STATUS: Active COUNTY: Henderson ORC CERT NUMBER: 1002526 STATUS: Processed SUBMISSION DATE: 03/14/2017 03/14/2017 ORC/Certifier Signature. Shannon James E -Mail •jjemi@bellsouth net Phone #.828-697-0063 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for i nprovements to be made as required by part H E 6 of the NPDES permit. 03/14/2017 Permittee/Submitter Signature:*** Juanita James E -Mail •jjemi@bellsouth net Phone #.828-697-0063 Date Permittee Address. 161 Brookside Camp Rd Hendersonville NC 28792 Permit Expiration Date 12/31/2020 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 reformation submitted Based on my inquiry of the person or persons who managed 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 LAB NAME: James & James Environmental Mgt, Inc CERTIFIED LAB #- 482 PERSON(s) COLLECTING SAMPLES: Shannon James CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr org/web/wq/swp/ps/npdes/forms FOOTNOTES F Use only units of measurement designated in the reporting facility's NPDES permit for reporting data * No Flow/Discharge From Site Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. * * ORC on Site9 ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204 *** Signature of Permittee If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B 0506(b)(2)(D) I , NPDES PERNUT NO.: NCO066362 FACILITY NAME: Benson Apartments OWNER NAME: Nathan D Benson GRADE: WW -2 eDMR PERIOD 02-2017 (February 2017) PERMIT VERSION: 4 0 CLASS: WW -2 ORC: Shannon D James ORC HAS CHANGED: No VERSION: 10 PERNUT STATUS: Active COUNTY: Henderson ORC CERT NUMBER: 1002526 STATUS. Processed Report Comments: On the 21st, TSS data valid, Duplicate exceeded QC criteria. On the 1st and 21st, BOD data valid, Blank was >0 20mg/L The percent removal for February on your system is as follows BOD-51)ay, 95 32% and Ammonia Nitrogen, 99162% The percent removals were in compliance with your permit The facility did experience an elevated Total Suspended Solids (TSS) result on the 8th of February at 79 2mg/L The facility was experiencing a penod of unrest with times of excessive flows This caused the clanfier to become turbid and presented an elevated TSS The facility regamed compliance the next sampling event and continued for the conclusion of the month The monthly average was 32 7mg/L which is slightly above the permit limit