Loading...
HomeMy WebLinkAboutNC0034304_LV20170216_20170711Wairer.Resdtarcm- t?W"YiltONMENUL QUAMY Certified Mail # 7016 1370 0001 6571 8843 Return Receipt Requested Matthew Knauer Young Life Ministries 120 Coles Cove Rd Weaverville, NC 28787 SUBJECT Dear Permittee July 11, 2017 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 -2017-0216 Buncombe County ROY COOPER Oommr MICHAEL S. BEGAN sea�adrr S. JAS' ZIIV MERMAN Dwaor RECEIVED/NCDEWWR JUL 17 2017 Water Quality Permitting Section This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $316 62 ($200.00 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 December 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 NCO034304 The violations, which occurred in December 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 828-296-4500 t 100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0034304, by discharging wastewater into 'Y the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $100.00 1 of the 1 violations of 143-215 1(a)(6) and Permit No NC00343 04, 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.l(a)(6) and Permit No.NC0034304, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 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 Riaht to an Administrative Hearing and Stipulation of Facts" form within thirty (30) 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 petition for an administrative hearing with the Office of Administrative Hearings: V 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 §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, 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 G Lite Windy Gap ',4304'V. 201 i -u316 of JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2017-0216 County: Buncombe Assessed Party: Young Life Ministries Permit No.: NC0034304 Amount Assessed: $316.62 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 COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Young Life Ministries Windy Gap Camp WWTP PERMIT NO. NCO034304 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV -2017-0216 Having been assessed civil penalties totaling $316.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 11, 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 .520 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Young Life Ministries CASE NUMBER: LV -2017-0216 PERMIT: NCO034304 REGION: Asheville FACILITY: Windy Gap Camp WWTP COUNTY: Buncombe 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 12/29/2016 12-2016 Coliform, Fecal MF, Weekly #/100ml 400 1340 2350 Daily $10000 MFC Broth, 44 5 C Maximum Exceeded 12/21/2016 12-2016 Solids, Total Weekly mg/I 45 76 689 Daily $10000 Suspended- Maximum Concentration Exceeded 12/31/2016 12-2016 Solids, Total Weekly mg/I 30 31 50 4 9 Monthly $000 Suspended- Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Yount Life Ministries Facility Name: Windy Gap Camp WWTP Permit Number: NCO034304 County: Buncombe Case Number: LV -2017-0216 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 Daily Max Fecal exceeded the permit limit by 235% One Daily Max TSS exceeded the permit limit by 68.88%. One Monthly Average exceeded the permit limit by 4.93%. 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 three civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $11662 Off, 92999— Date P m..uu�w. wvyC �f 1, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERAUT NO.: NCO034304 FACILITY NAME: Windy Gap Camp W V f? OWNER NAME: Young Life Ministries GRADE: WW -2 eDMR PERIOD: 12-2016 (December 2016) PERAUT VERSION: 4 • CLASS: WW -2 ORC: Gary Dean Kuykendall ORC HAS CHANGED: No VERSION: 2 0 PERMIT STATUS: Active a COUNTY: Buncombe � [ ORC CERT NUMBER: 1002521 d z STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DI[SC4AR,,G NO ****No Reporting Reason ENFRUSE =No Flow-Reuse/Recycle, ENVWTHR = No Visitation— Adverse Weather, NOFLOW = No Flow, HOLIDAY =No Visitation— Holiday a e � [ y 6 3 d z e a z 50050 Continuous Recorder FLOW 00010 5Xweek Grab TEMP -C 00400 Weekly Grab PH 50060 2Xweek Grab CHLORINE C0310 Weekly Composite SOD -Cone C0610 /t Weekly Composite NH3-N-Cont C0530 Weekly Compost TSS -Con 1616 Weekly Grab FCOLI 00300 Weekly Grab DO 2400 clock Hn 2400 clock Hrs Y/RN mgd deg c so u9/1 mg/l mg/l mg/l #/100ml mg/l 1 1500 15 B 0 007 128 20 6 01 229 53 2 0830 10 Y 0 014 126 759 19 485 3 1400 10 N 0 016 123 4 1030 5 N 0 024 5 1100 20 Y 0 028 13 1 21 6 1300 10 Y 0 009 13 8 7 1500 10 Y 0 019 141 95 01 205 3 8 0830 15 Y 0 012 134 9 1300 110 B 0 011 111 753 20 471 10 1100 10 B 0 001 106 11 1030 5 N 0014 103 12 0900 15 Y 0 006 .104 18 13 0830 10 Y 0 008 106 271 5 23 3 14 0915 15 Y 0 003 104 15 1000 15 Y 0 008 93 16 0930 15 Y 0 003 105 761 19 49 17 0830 5 N .0006 18 0830 5 N 0 007 19 0945 120 Y 0 012 191 17 20 0945 15 Y 0 013 96 21 1030 15 Y 0 006 84 225 1 76 5 22 0900 10 Y 0 006 92 i 23 0830 10 Y 0 002 94 .756 18 51 24 HOLIDAY 25 HOLIDAY 26 0845 lis Y 0 002 91 17 27 0900 15 Y 0 008 95 28 1430 20 Y 0,018 115 29 083010 Y 0 006 116 133 01 15 f 1340 30 0915 15 Y 0 003 101 758 20 499 31 1245 10 N 0 001 Monthly Average lumit 005 30 75 30 200 Monthly Average 0,009414 10 912 18 777778 186 126 3148 19.994872 491 DodyManmum 0 028 141 761 21 271 5 76 1340 5 1 Dady Minimum 0 001 84 753 17 95 01 15 3 471 ****No Reporting Reason ENFRUSE =No Flow-Reuse/Recycle, ENVWTHR = No Visitation— Adverse Weather, NOFLOW = No Flow, HOLIDAY =No Visitation— Holiday NPDES PERMIT NO.: NCO034304 FACILITY NAME: Windy Gap Camp W WTP OWNER NAME: Young Life Ministries GRADE: WW -2 eDMR PERIOD. 12-2016 (December 2016) Report Comments. PERMIT VERSION. 4 0 PERMIT STATUS. Active CLASS. WW -2 COUNTY: Buncombe ORC. Gary Bean Kuykendall ORC CERT NUMBER: 1002521 ORC HAS CHANGED: No VERSION 2.0 STATUS: Processed We had a large camp the 17th and 18th followed by two weeks of low flow I believe this caused a spike in my fecal the week of the 26th -30th