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Home My WebLink AboutNC0059421_LV20170261_20170905DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 County: Transylvania Case Number: LV -2017-0261 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) 3) 4) The duration and gravity of the violation; Four Daily Max Total Residual Chlorines exceeded the permit limit by 132%,100%, 114% & 150% 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. RECEIVEDINCNOIDWR The cost of rectifying the damage; The cost is unknown. SEP 0 7 2017 Wate` 5) The amount of money saved by noncompliance; Section ion 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 no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ROY COOPER. MICHAEL NcS. RECAN swvtar l aterl2esn rc S. JAYZIMME MAN Dbftlw tc rMIWtt.OIALIT ^ Certified Mail # 7016 1370 0001 6571 7433 Return Receipt Requested September 05, 2017 Aubrey L Deaver RECEIVEDNODEO/DWR A&D Water Service Inc SEP 0 7 2017 PO Box 1407 Pisgah Forest, NC 28768-1407 Water (.tuasay 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 NCO059421 A&D Water Service Inc Sapphire Lakes Plant WWTP #1 Case No LV -2017-0261 Transylvania County Dear Permittee This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $518 68 ($400 00 civil penalty + $118 68 enforcement costs) against A&D Water Service Inc This assessment is based upon the following facts• a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of May 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 NCO059421 The violations, which occurred in May 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No NCO059421 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 A&D Water Service Inc State of North Carolina I Environmental Quality I Water Resources 2090 U S 70 Highway, Swannanoa, NC 28778 828-296-4500 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 thu ty (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 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2017-0261 County: Transylvania Assessed Party: A&D Water Service Inc/ Sapphire Lakes #1 Permit No.: NC0059421 Amount Assessed: $518.68 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: ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV -2017-0261 PERMIT: NCO059421 REGION: Asheville FACILITY: Sapphire Lakes Plant WWTP #1 COUNTY: Transylvania LIMIT VIOLATION(S) 5/25/2017 5-2017 Chlorine, Total SAMPLE LOCATION: Outfall 001 - Effluent Residual Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 5/11/2017 5-2017 Chlorine, Total 2 X week ug/I 28 65 1321 Daily $10000 Residual Maximum Exceeded 5/18/2017 5-2017 Chlorine, Total 2 X week ug/I 28 Residual 5/24/2017 5-2017 Chlorine, Total 2 X week ug/I 28 Residual 5/25/2017 5-2017 Chlorine, Total 2 X week ug/I 28 Residual J 56 1000 Daily $10000 Maximum Exceeded 60 1143 Daily $10000 Maximum Exceeded 70 1500 Daily $10000 Maximum Exceeded