HomeMy WebLinkAboutNC0042285_LV20170225_20170721ROY COOPER
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Govoinor
MICHAEL S. REGAN
Seurrary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY DirverOr
Certified Mail # 7014 3490 0001 88217513 RECEIVEDINCDENWR
Return Receipt Requested JUL 2 5 2017
July 21, 2017 Water Quality
Permitting Section
Christopher C. Lutes
The Trails Property Owners Association
PO Box 3270
Chapel Hill, NC 27515-3270
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 NCO042285
The Trails Property Owners Association
Trails WWTP
Case No LV -2017-0225
Orange County
Dear Mr. Lutes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $239.27 ($200.00 civil penalty +
$39 27 enforcement costs) against The Trails Property Owners Association
This assessment is based upon the following facts• a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by The Trails Property Owners Association for the month of October 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.NCO042285 The violations, which occurred in October 2016, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that The Trails Property Owners Association violated the terms,
conditions or requirements of NPDES WW Permit No. NCO042285 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, Danny Smith, Regional
Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against The Trails Property
Owners Association -
State of North Carolina I Environmental Quality I Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
919-7914200
$10000 1 of the 1 violations of 143-215.1(a)(6) and Permit No NC0042285, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc
$10000 1 of the 1 violations of 143-215.1(a)(6) and Permit No NC0042285, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$200 00 TOTAL CIVIL PENALTY
$39 27 Enforcement Costs
$239 27 TOTAL AMOUNT DUE
Pursuant to G S 143-215 6A(c), in determining the amount of the penalty I have considered 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
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 thidy (30) das 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
for an administrative hearing with the Office of Administrative Henrinvice
If you wish to contest any statement in the attached a
hearing You may obtain the petition form from the
the Office of Administrative Hearings within thirty
when it is received in the Office of Administrative H
Hearings accepts filings Monday through Friday be
holidays The petition may be filed by facsimile (f
the signed original, one (1) copy and a filing fee (if a
Office of Administrative Hearings within seven (7)/b
filing process
ssessment document, you must file a petition for an administrative
O face of Administrative Hearings You must file the petition with
30 days of receipt of this notice. A petition is considered filed
Barings during normal office hours. The Office of Administrative
tween the hours of 8 00 a.m and 5.00 p m , except for official state
ax) or electronic mail by an attached file (with restrictions) - provided
filing fee is required by NCGS § 150B-23 2) is received in the
usiness days following the faxed or electronic transmission. You
with all auestions reaardina the filine fee and/or the details of the
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows
6714 Mail Service Center
Raleigh, X C 27699 6714
Tel: (9/19) 431-3000
Fax (9j9)431-3100
One (1) copy of the petition must also be se0ed on DEQ as follows
Please indicate the case number (as
Failure to exercise one of the options at
date/tune received stamp (not a postmai
collection of the penalty through a civil
that occur after the review period of thi
If you have any questions, please con
Regional Office at (919) 791-4255 or
ATTACHMENTS
Cc WQS Raleigh R
NPDES Compli
Central Files
Mr. William F. Lane, General Counsel
of Environmental Quality
1601 Mail Service Center
North Carolina 27699-1601
on page one of this letter) on the petition
)ve within thirty (30) days of receipt of this letter, as evidenced by an internal
�i�, will result in this matter being referred to the Attorney General's Office for
Lction. Please be advised that additional penalties may be assessed for violations
assessment
Vanessa Manuel with the Division of Water Resources staff of the Raleigh
email at vanessa manuel@ncdenr gov f
S'ncerely, /
Danny Smith,egional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Office - Enforcement File
Unit - Enforcement File
I/ JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0225 County: Orange
Assessed Party: The Trails Property Owners Association
Permit No.: NCO042285
Amount Assessed: $239.27
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 (z 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 ORANGE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADIVIINISTRATIVE HEARING AND
STIPULATION OF FACTS
The Trails Property Owners Association )
Trails WWTP 1
PERMIT NO NCO042285 ) CASE NO. LV -2017-0225
Having been assessed civil penalties totaling $239 27 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 21, 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
ADDRESS
TELEPHONE
SIGNATURE
20
ATTACHMENT A
! The Trails Property Owners Association
CASE NUMBER: LV -2017-0225
PERMIT: NCO042285
FACILITY: Trails VWWTP
REGION: Raleigh
COUNTY: Orange
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
10/26/2016 10-2016 BOD, 5 -Day (20 Deg Weekly mg/I 750 930 240 Daily $10000
C) - Concentration Maximum
Exceeded
10/5/2016 10-2016 Coliform, Fecal MF, Weekly #/100ml 400 530 325 Daily $10000
MFC Broth, 44 5 C Maximum
Exceeded