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HomeMy WebLinkAboutNC0000108_LV-2017-0215_20170710U ROY COOPER t7e�F'rFr�r` MICHAEL S. REGAN secremy i�Ycr er�R sour S. JAY ZI MbMERM4MAN $Nt'iitffP2F�� YrtaLYatIX�! PFY Dftcror Certified Mail # 7016 1370 0001 6571 8836 Return Receipt Requested July 10, 2017 Jim Kelley New Excelsior Inc 1379 Old Rosman Hwy Brevard, NC 28712 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 NC0000108 RECEIVEMCDEO/DWR New Excelsior Inc New Excelsior WWTP JUL 17 2017 Case No LV-2017-0215 Transylvania County Water Quality Permitting Section Dear Permittee This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $666 62 ($550 00 civil penalty + $116 62 enforcement costs) against New Excelsior Inc This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report (DMR) submitted by New Excelsior Inc for the month of March 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 NC0000108 The violations, which occurred in March 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that New Excelsior Inc violated the terms, conditions or requirements of NPDES WW Permit No NC0000108 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 New Excelsior Inc State of North Carolina Environmental Quality I Water Resources 2090 U S 70 Highway, Swannanoa, NC 28778 828-296-4500 $300.00 3 of the 5 violations of 143-2.5.1(a)(6) and Permit No.NC0000108, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00000108, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for TSS - Cone. $550.00 TOTAL. CIVIL. PENALTY $116.62 Enforcement Costs $666 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 Right to an Administrative Hearing, and Stipulation of Facts" form within thinly (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 (3 0) days of receipt of this notice A petition is considered filed when it is received in the Office of AdministratLve Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a in. 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;1 733-2698 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/tune 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 0 00103%14-M7-02I5 in I / JUSTIFICATION FOR REMISSION REQUEST Case Number: 1LV-2017-0215 Assessed Party: New Excelsior Inc Permit No.: NC0000108 County: Transylvania Amount Assessed: $666.62 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.0 G S. § 14313-282 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 unavoidahle 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 (h e , explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance) EXPLANATION: r r STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND STIPULATION OF FACTS New Excelsior Inc ) New Excelsior WWTP ) PERMIT NO NC0000108 ) CASE NO. LV-2017-0215 Having been assessed civil penalties totaling $666.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 10, 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 ATTACHMENT A New Excelsior Inc CASE NUMBER: LV-2017-0215 PERMIT: NC0000108 REGION: Asheville FACILITY: New Excelsior WWTP COUNTY: Transylvania LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 003 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 3/9/2017 3-2017 Solids, Total Weekly mg/1 45 7730 71 8 Daily $100 00 Suspended- Maximum Concentration Exceeded 3/16/2017 3-2017 Solids, Total Weekly mg/l 45 470 9444 Daily $100 00 Suspended- Maximum Concentration Exceeded 3/21/2017 3-2017 Solids, Total Weekly mg/1 45 7470 660 Daily $100 00 Suspended- Maximum Concentration Exceeded 3/23/2017 3-2017 Solids, Total Weekly mg/I 45 47 44 Daily $0 00 Suspended- Maximum Concentration Exceeded 3/27/2017 3-2017 Solids, Total Weekly mg/1 45 51 80 151 Daily $0 00 Suspended- Maximum Concentration Exceeded 3/31/2017 3-2017 Solids, Total Weekly mg/1 30 10150 2382 Monthly $250 00 Suspended- Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT '(File) Violator: New Excelsior Inc Facility Name: New Excelsior WWTP Permit Number: NC0000108 County: Transylvania Case Number: LV-2017-0215 ASSESSMENT FACTORS factors set out in 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; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Five Daily Max TSS's exceeded the permit limit by 71.77%, 944.44%, 66%, 4.44% & 15.11 %. One Monthly Average TSS exceeded the permit limit by 238.20%. 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. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO.: NC0000108 FACILITY NAME: New Excelsior WWTP OWNER NAME: New Excelsior Inc GRADE: WW-2 eDMR PERIOD. 03-2017 (March 2017) PERMIT' VERSION: 4 0 CLASS: WW-2 ORC: Danielle Ann Hunter ORC HAS CHANGED: No VERSION: 10 PERMIT STATUS: Active COUNTY: Transylvania ORC CERT NUMBER. 23477 STATUS. Processed SA1VTLITG LOCATION: EFFLUENT DISCHARGE NO.: 00 NO DISCHARGE*: NO e e a O 9 d z O x a Z 50050 00030 00400 50060 C0330 C0630 C0530 31616 Weekly Weekly 2Xmonth 2Xweek Weekly Weekly Weekly Weekly Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-c PH CBLORINE BOD-Cone NH3-N-Cone TSS-C c FCOLI BR 2400 clock Hrs 2400 clock Hrs Y/B/N mgd deg c $u ug/I mg/1 mg/l mg/l #/1001211 1 1355 42 Y 2 1345 55 Y < 15 3 1300 38 Y 16 124 116 40 <4 4 5 6 1440 43 Y 00029 17 6 < 15 7 1415 4 Y 8 1410 43 Y 9 1325 45 Y < 15 333 3 51 773 < 4 10 1235 3 Y i1 IZ 13 1445 5 Y 00032 14 6 < 15 14 1405 4 Y 6 3 is 1430 45 Y 16 1333 75 Y 17 66 < 15 199 0 427 470 < 4 17 1320 35 Y 63 18 19 20 1405 67 Y 00046 17 7 < 15 21 1405 5 Y 17 199 0525 747 <4 22 1435 43 Y 23 1325 42 Y 17 < 15 47 24 1305 42 Y 252 25 26 27 1355 45 Y 00037 18 6 < 15 3 64 0 292 518 < 2 28 1330 45 Y 18 257 i9 1440 33 Y 30 1335 33 Y 31 1215 1 4 Y < 15 Monody Average Lunt 0015 30 30 200 Monthly Avenge 00036 16 777778 0 11 834 11828 1014625 1 Daily Man— 00046 18 7 0 199 351 470 0 DadyMmmum 100029 14 16 10 1333 10292 1252 0 ****NoReporting Reason ENFRUSE = No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation —Holiday . / - *16/- NPDES PERMIT NO.: NC0000108 FACILITY NAME: New Excelsior W WTP OWNER NAME: New Excelsior Inc GRADE: WW-2 eDMR PERIOD: 03-2017 (March2O O ..�.,`— C� CE STATUS: Compliant PERMIT VERSION, 4 0 CLASS: WW-2 ORC: Damelle Ann Hunter ORC HAS CHANGED: No VERSION: 10 CONTACT FHONE #: 8286970063 PERMIT STATUS: Active COUNTY: Transylvania ORC CERT NUMBER: 23477 STATUS. Processed SUBMISSION DATE: 04/17/2017 ORC/Certifier Signature. Danielle Hunter E-Mail ijemi@bellsouth net Phone #.828-697-0063 By this signature, I certify that this report is accurate and complete to the best of my knowledge 04/17/2017 Date The permtttee 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 actons being taken and a tune -table for unprovements to be made as required by part II E 6 of the NPDES permit 04/17/2017 Permittee/Submitter Signature.*** Juanita Janes E-Mail:jjemi@bellsouth net Phone # 828-697-0063 Date Permittee Address: 1379 Old Rosman Hwy Rosman. NC 28772 Permit Expiration Date- 09/30/2020 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: 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.nedenr org/web/wq/swp/ps/npdes/forms FOOTNOTES 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 Site?. ORC must visit facility and document visitation of facility as required per 15A NCAC 8G 0204 *** Signature of Pemnttee 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) NPDES PERMIT NO.: NC0000108 FACILITY NAME: New Excelsior W WTP OWNER NAME: New Excelsior Inc GRADE: WW-2 eDMR PERIOD: 03-2017 (March 2017) PERMIT VERSION: 4 0 CLASS: WW-2 ORC: Danielle Ann Hunter ORC HAS CHANGED: No VERSION: 10 PERMIT STATUS: Active e67� COUNTY: Transylvania \ ORC CERT NUMBER: 23477 STATUS. Processed Report Comments: On the 3rd and 16th, BOD data valid, Blank was >0 20mg/L On the 3rd, BOD data valid, GGA was greater than 228 5mg/L On the 9th and 27th, BOD data valid, RPD>30% Your facility exceeded the permit discharge limits on the items listed below TOTAL SUSPENDED SOLIDS 47 0 mg/1 on the 16th 47.0 mg/1 on the 21st Compliant Monthly Average Tlus gave two daily maximum violation and did not give a monthly violation We determined that the cause of the violation was probably due to the facility having inflow of rainwater and heavy solids The facility was pumped and the system regained compliance immediately You may receive a fine for this violation