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Home My WebLink AboutCP NDMR 20180110_WQ0024694_LM20180001.rtf DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Aqua North Carolina Inc Facility Name: Bright's Creek Golf Club Permit Number: WQ0024694 County: Polk Case Number: LM-2018-0001 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; The degree of harm is unknown. The effluent was discharged to the irrigation pond and held there until spray irrigated on the golf course. The potential exists for public contact. 2) The duration and gravity of the violation; The fecal coliform monthly geometric mean was exceeded by 30.9% for July 2017. The fecal coliform daily maximum was exceeded by12%. The fecal coliform samples collected in August 2017 were compliant. Flow data was missing for 7/31/2017. An amended report for flow was submitted. 3) The effect on ground or surface water quantity or quality or on air quality; Unknown 4) The cost of rectifying the damage; The damage is unknown. 5) The amount of money saved by noncompliance; Unknown but additional sampling for fecal coliform could have been conducted to get a lower monthly geometric mean. The additional cost would be the laboratory fees associated with the fecal coliform analysis. 6) Whether the violation was committed willfully or intentionally; The Asheville Regional Office does not believe the violation was willful or intentional. According to the NOV response the ORC has changed the sample collection point as it was determined to be too close to the chlorine tablet feeder which did not allow for sufficient contact time. In addition, the chlorine residual was less than 2 mg/l on the days preceding the sample collected on July 2017. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; The facility did not have any civil penalty enforcements in the 12 months prior to this violation. 8) The cost to the State of the enforcement procedures. $122.39 ___________________ __________________________________________ Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ 1/10/2018 Certified Mail # 7016 1370 0001 6572 1904 Return Receipt Requested January 10, 2018 Shannon V Becker, President Aqua North Carolina Inc 202 Mackenan Ct Cary, NC 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and Non-discharge Permit No. WQ0024694 Aqua North Carolina Inc Bright's Creek Golf Club Case No. LM-2018-0001 Polk County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $372.39 ($250.00 civil penalty + $122.39 enforcement costs) against Aqua North Carolina Inc. This assessment is based upon the following facts: a review has been conducted of the Non-Discharge Monitoring Report (NDMR) submitted by Aqua North Carolina Inc for the month of July 2017. This review has shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non-discharge Permit No. WQ0024694. The violations, which occurred in July 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina Inc violated the terms, conditions or requirements of Non-discharge Permit No. WQ0024694 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 Aqua North Carolina Inc: State of North Carolina | Environmental Quality | Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.WQ0024694, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.WQ0024694, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean for FCOLI BR. $0.00 for 0 of the 1 failures to properly monitor FLOW in violation of Permit No. WQ0024694. $250.00 TOTAL CIVIL PENALTY $122.39 Enforcement Costs $372.39 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 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 §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: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 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 Beverly Price with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4500 or via email at bev.price@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: Nathaniel Thornburg WQS ARO Server Laserfiche 20180110_WQ0024694_LM20180001.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2018-0001 County: Polk Assessed Party: Aqua North Carolina Inc Permit No.: WQ0024694 Amount Assessed: $372.39 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 remiss ion 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 POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Aqua North Carolina Inc ) Bright's Creek Golf Club ) ) PERMIT NO. WQ0024694 ) CASE NO. LM-2018-0001 Having been assessed civil penalties totaling $372.39 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 10, 2018, 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 Aqua North Carolina Inc CASE NUMBER: LM-2018-0001 PERMIT: WQ0024694 REGION: Asheville FACILITY: Bright's Creek Golf Club COUNTY: Polk ___________________________________________________________________________________________________________________________________________________________________________________ LIMIT VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________ SAMPLE LOCATION: Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________ 7/26/2017 7-2017 Coliform, Fecal MF, 2 X month #/100ml 25 28 12.0 Daily $0.00 MFC Broth, 44.5 C Maximum Exceeded ___________________________________________________________________________________________________________________________________________________________________________________ 7/31/2017 7-2017 Coliform, Fecal MF, 2 X month #/100ml 14 18.33 30.9 Monthly $250.00 MFC Broth, 44.5 C Geometric Mean Exceeded ___________________________________________________________________________________________________________________________________________________________________________________ MONITORING VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________ SAMPLE LOCATION: Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________ 7/31/2017 7-2017 Flow, in conduit or thru Continuous gpd Frequency $0.00 treatment plant Violation ___________________________________________________________________________________________________________________________________________________________________________________