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HomeMy WebLinkAboutNC0034304_LV20170217_201707114 lA'aperResou ce5 ONVIiFC MIARRUL'QUALITY Certified Mail # 7016 1370 0001 6571 8850 Return Receipt Requested July 11, 2017 Matthew Knauer Young Life Ministries 120 Coles Cove 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 -2017-0217 Buncombe County Dear Permittee ROY COOPER 0o+10hor MICHAEL S. REGAN Saaf to jr Sti JAY ZIN1MERMAN Dftictor RECEIVEMCDEWWR JUL 17 2017 Water Uuaiuy Permitting Section 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 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 NCO034304 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 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 $25000 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00034304, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone. $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 Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 'f 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 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: ► 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 § 15 OB -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 filingrp ocess 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 \RRll� QlBuncombe\Wa-,te%aterubLnors\1 oung Life Windy Gap 34104,LV 2017-0217 rd JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2017-0217 Assessed Party: Young Life Ministries Permit No.: NC0034304 County: Buncombe 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. NC0034304 ) CASE NO. LV -2017-0217 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 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 , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Young Life Ministries CASE NUMBER: LV -2017-0217 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 2/28/2017 2-2017 Nitrogen, Ammonia Weekly mg/I 750 1320 757 Monthly $25000 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Young Life Ministries Facility Name: Windy Gap Camp WWTP Permit Number: NCO034304 County: Buncombe Case Number: LV -2017-0217 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 75.66%. 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 four civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 6 . 12--tI- Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO.: NCO034304 FACILITY NAME: Windy Gap Camp W WTP OWNER NAME: Young Life Mimstnes GRADE: WW -2 eDMR PERIOD. 02-2017 (February 2017) PERMIT VERSION: 4 0 CLASS: WW -2 ORC: Gary Dean Kuykendall ORC HAS CHANGED. No VERSION: 10 yy� PERMIT STATUS: Active COUNTY: Buncombe ORC CERT NUMBER: 1002521 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO D -HARGE*: NO G y U 9 H o e u F g e H d h b O 1 a w Z 50050 Continuous Recorder FLOW 00010 5Xweek Grab TEMP -C 00400 Weekly Grab pH 50060 2Xweek Grab CHLORINE C0310 11 Weekly Composite BOD -Cone / C0610 Weekly Composite H3-N-CTSS-Cone 9 C0530 eekly Composite 31616 Weekly Grab FCOLIBR 00300 Weekly Grab DO 2400 clock Hrs 2400 clock Hn YB/N mgd deg csu ug/l mg/1 mg/l mg/l X100m1 in 9/1 1 0830 50 Y 0 001 109 2 1000 15 Y 0 001 102 3 0845 10 Y 0001 10 749 18 21 64 <56 <3 689 4 1200 15 B 0 026 10 5 1500 05 N 0 024 108 6 1000 10 Y 0 007 113 17 7 0900 10 Y 0 004 108 8 1000 15 Y 0 005 99 9 1445 10 Y 0017 10 94 04 <56 188 10 0930 15 Y 0 002 174 756 17 668 11 1000 10 N 0 011 121 12 1100 05 N 0017 123 13 1045 15 Y 0 009 121 19 14 0915 115 Y 0 003 11 8 15 1000 15 Y 0 004 106 16 0930 15 Y 0 004 104 273 23 8 133 <4 17 1230 15 B 0,003 10 758 21 661 18 0815 15 Y 0015 102 19 0745 05 N 0 019 113 28 1 10900 10 Y 0 008 116 21 0930 15 Y 0 013 118 20 22 1345 10 Y 0 006 119 23 0930 10 Y 0 004 123 5 221 109 <4 24 1315 20 Y 0005 128 761 19 673 25 1530 10 N 0 012 13 26 1000 05 N 001 133 27 0930 15 Y 0 005 13 17 28 0930 10 Y 0 011 122 MonddyAverage Limit 005 30 7.5 30 200 Monthly Avenge 0008821 11214286 185 1095 13 175 605 3702878 67275 Dady, Manmum 0026 133 761 21 273 238 133 188 689 DadyMmimum 0 001 74 749 17 21 04 0 0 1661 *** * No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation —Holiday WK 14K- Zell -/_V1 aSV--,� NPDES PERMIT NO.: NCO034304 FACILITY NAME: Windy Gap Camp W WTP OWNER NAME: Young Life Ministries GRADE: WW -2 eDMR PERIOD. 02-2017 (February 2017) COMPL ATUS: Comp PERMIT VERSION: 4 0 CLASS: WW -2 ORC: Gary Dean Kuykendall ORC HAS CHANGED: No VERSION. 10 CONTACT PHONE #: 82-6457187 PERMIT STATUS: Active COUNTY: Buncombe ORC CERT NUMBER: 1002521 STATUS. Processed SUBMISSION DATE: 03/20/2017 03/20/2017 ORC/Certifier Signature: Gary Dean Kuykendall E -Mail gkuykendall@wg younglife org Phone #•828-645-7187 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 improvements to be made as required by part H E 6 of the NPDES permit. 03/20/2017 Permittee/Submitter Signature *** Gary Dean Kuykendall E -Mail gkuykendall@wg younglife org Phone # 828-645-7187 Date Permittee Address 2000 Lowery St Weaverville NC 28787 Permit Expiration Date: 10/31/2020 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 information 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: Earth Enviromental Services CERTIFIED LAB #: 352 PERSON(s) COLLECTING SAMPLES: Gary Kuykendall CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http•//portal.nedenr org/web/wq/swp/ps/npdes/forms FOOTNOTES Use only units of measurement designated in th6 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)