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Home My WebLink AboutNC0045276_LV20180033_20180209ROY COOPER Governor -N,iIC1-AEL S- REGAIN Secretrn, WaterResaurres LNDA. CLZPEPPER ENVRONMENTAt,. QUAL11Y .Iw rim Dirccl7r Certified Mail # 7013 2630 0002 1133 9649 Return Receipt Requested February 09, 2018 Kem HarmonOR Brunswick County Schools/Board of Education CEENF ®�� 35 Referendum Dr �Eg % 0 201 Bolivia, NC 28422 ��4er S�.esourceS s�ct permitting 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 NCO045276 Brunswick County Schools/Board of Education Waccamaw Elementary School WWTP Case No LV -2018-0033 Brunswick County Dear Permittee This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $387 75 ($250 00 civil penalty + $137 75 enforcement costs) against Brunswick County Schools/Board of Education This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Brunswick County Schools/Board of Education for the month of December 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 NCO045276 The violations, which occurred in December 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that Brunswick County Schools/Board of Education violated the terms, conditions or requirements of NPDES WW Permit No NCO045276 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, Morella Sanchez King, Acting Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Brunswick County Schools/Board of Education State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 $25000 1 of the 1 violations of 143-215.1(a)(6) and Permit No NC0045276, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc $250 00 TOTAL CIVIL PENALTY $137 75 Enforcement Costs $387 75 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 143 B-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, ycu 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 14313-282 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 hearinIZ 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 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 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 Dean Hunkele with the Division of Water Resources staff of the Wilmington Regional Office at (910) 796-7215 or via email at dean hunkele@ncdenr gov Sincerely, Morella Sanchez King, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc WQS Wilmington Regional Office - En-forcement File NPDES Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2018-0033 County: Brunswick Assessed Party: Brunswick County Schools/Board of Education Permit No.: NC0045276 Amount Assessed: $387 75 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: V STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF BRUNSWICK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Brunswick County Schools/Board of Education ) Waccamaw Elementary School WWTP ) PERMIT NO NCO045276 ) CASE NO. LV -2018-0033 Having been assessed civil penalties totaling $387 75 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 09, 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 120 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Brunswick County Schools/Board of Education CASE NUMBER LV -2018-0033 PERMIT NCO045276 REGION Wilmington FACILITY Waccamaw Elementary School WWTP COUNTY- Brunswick LIMIT VIOLATION(S) SAMPLE LOCATION Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 12/31/2017 12-2017 Nitrogen, Ammonia 2 X month mg/I 4 807 1019 Monthly $25000 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Brunswick County Schools/Board of Education Facility Name: Waccamaw Elementary School WWTP Permit Number: NCO045276 County: Brunswick Case Number: LV -2018-0033 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 and extent of harm has not been quantified, however, high nutrient (i e ammonia) concentrations in wastewater effluent can lead to degradation of the receiving stream such as eutrophication, oxygen depletion, harmful effects on aquatic life Characteristics of the receiving stream Basin Name/Sub-basin number Lumber 03-07-57 HUC # 03040204 Receiving Stream UT to Bear Branch Stream Classification in Permit C -Swam 2)The duration and gravity of the violation; The December 2017, DMR indicates that the facility exceeded the monthly average permit limit for ammonia (-100% above the permit limit) 3)The effect on ground or surface water quantity or quality or on air quality; The effect on ground or surface water quantity or quality have not been evaluated 4)The cost of rectifying the damage; Unknown 5)The amount of money saved by noncompliance; Unknown 6)Whether the violation was committed willfully or intentionally; There is no evidence that the violation was committed willfully or intentionally, however, facility has prior ammonia violations in 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; and The facility has three previous enforcement action (all for ammonia violations) in the preceding 12 -month period 8) The cost to the State of the enforcement procedures. %1 $137.75 2/9/2018 I�-y{- � Date Morella Sanchez King, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ DMR REVIIEW RECORD Wilmington Regional Office Facility Name. Waccamaw Elementary School WWTP Report Period December 2017 Prior Assessments 3 Permit Number NCO045276 Enforcement Factor 1 00 Waterbody Outfall # Outfall Description Waterbody Name Classification 001 Effluent to LIT Bear Branch Bear Branch C,Sw Monthly Average Limit Violations Sample Location• Outfall 001 - Effluent Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit Action 12/31/2017 Nitrogen, Ammonia Total (as N) - 2 X month mg/I 4 8 10 101 9 Proceed to Enforcement Concentration Case Other Violations/Staff Remarks Supervisor Remarks Completed by Date. Assistant Regional Supervisor Sign -off- Date Regional Supervisor Sign -off Date Page 1 of 2 Prior 12 -Month Enforcement Histor Permit Number N00045276 Report Period December 2017 Limit Violation Sample Location Outfall 001 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 10/31/2017 10-2017 Nitrogen, Ammonia Total (as Monthly Average NOV-2017-LV-0792 LV -2018-0013 N) - Concentration Exceeded 2/1/2017 2-2017 Nitrogen, Ammonia Total (as Daily Maximum NOV-2017-LV-0329 LV -2017-0199 N) - Concentration Exceeded 2/28/2017 2-2017 Nitrogen, Ammonia Total (as Monthly Average NOV-2017-LV-0329 LV -2017-0199 N) - Concentration Exceeded 3/15/2017 3-2017 Nitrogen, Ammonia Total (as Daily Maximum NOV-2017-LV-0330 LV -2017-0200 N) - Concentration Exceeded 3/29/2017 3-2017 Nitrogen, Ammonia Total (as Daily Maximum NOV-2017-LV-0330 LV -2017-0200 N) - Concentration Exceeded 3/31/2017 3-2017 Nitrogen, Ammonia Total (as Monthly Average NOV-2017-LV-0330 LV -2017-0200 N) - Concentration Exceeded 8/31/2017 8-2017 Nitrogen, Ammonia Total (as Monthly Average NOV-2017-LV-0702 N) - Concentration Exceeded Page 2 of 2 Wafer Resources ENWRONNENTAL'QUAL T'Y Certified Mail # 71013 2630 0002 1133 95571 Return Receigt Regluested January 23, 2018 Kern Harmon Brunswick County Schools/Board of Education 35 Referendum Dr Bolivia, NC 28422 SUBJECT, N OTHC[E OF VIOILATdON & XNTENT TO ASSESS CXVXL PENALTY Tracking Number NOV-2018-LV-0074 Permit No NCO045276 Waccamaw Elementary School WVVFP Brunswick County Dear Permittee ROS COOPER N-EICLJ._^iEL S- REGA.14 LINDA C-ULPEPPER Interim A review of the December 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below - Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date !blue Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 12/31/2017 4 8 07 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G S ) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G S 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G S. 143-215 1 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. Ef no response is received in this Office within the 10 -day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 rg .1 �ytr ti Wafer Resources ENWRONNENTAL'QUAL T'Y Certified Mail # 71013 2630 0002 1133 95571 Return Receigt Regluested January 23, 2018 Kern Harmon Brunswick County Schools/Board of Education 35 Referendum Dr Bolivia, NC 28422 SUBJECT, N OTHC[E OF VIOILATdON & XNTENT TO ASSESS CXVXL PENALTY Tracking Number NOV-2018-LV-0074 Permit No NCO045276 Waccamaw Elementary School WVVFP Brunswick County Dear Permittee ROS COOPER N-EICLJ._^iEL S- REGA.14 LINDA C-ULPEPPER Interim A review of the December 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below - Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date !blue Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 12/31/2017 4 8 07 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G S ) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G S 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G S. 143-215 1 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. Ef no response is received in this Office within the 10 -day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future The Division of Water Resources may pursue enforcement action for this and any additional violations of State law If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent Reminder Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit A written report may be required within 5 days if directed by Division staff Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the Wilmington Regional Office at 910-796-7215 Sincerely,' -`1 More'la Lrlci_ 1 g, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc WQS Wilmington Regional Office - Enforcement File Central Files, WQS State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 d Complete items 1, 2, and 3. ❑ Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailplece, or on the front If space permits 1 Article Addressed to Kem Harmon Brunswick County Schools/Boord of Educ 35 Referendum Dr Bollvla, NC 28422 A. Signature s J E3 Agent El Addressee B Oeceived by (Printed Name) C Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below ❑ No fl �L 11G�1sD 1��ll�a}�t,I In ILn Rxxz9l i ol 1111,1 M -9 Postage $ ra FU Certmed Fee �D Return Receipt Fee Postman: CI !�gdorsement Required) Here O Restricted Delivery Fee (Endorsement Required) M .-D Total Postage R Fees ru m SenfTo Kem Harmon Sfreef, Ap M Brunswick County Schools/Board of Educ ------ 1, orPOBox 35 Referendum Dr Cty State B011v1o, NC 28422 a service IYhe ❑ tExpresso I Q 0 101 111110181018 ID 19 D I ❑ Adult Signature ered MadT"1 ❑ Registered ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted 9590 9402 3412 7227 7952 21 ° Certified Mail�l ❑ Certified Mad Restricted Delivery Delivery ❑ Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirrnationT ❑ Insured Mail ❑ Signature Confirmation 7013 2630 0002 1,1,33 9557 ncted Deliver Restricted Delivery PS Form 38 ],July 2015 PSN 7530-02-000-905 Domestic Return Receipt fl �L 11G�1sD 1��ll�a}�t,I In ILn Rxxz9l i ol 1111,1 M -9 Postage $ ra FU Certmed Fee �D Return Receipt Fee Postman: CI !�gdorsement Required) Here O Restricted Delivery Fee (Endorsement Required) M .-D Total Postage R Fees ru m SenfTo Kem Harmon Sfreef, Ap M Brunswick County Schools/Board of Educ ------ 1, orPOBox 35 Referendum Dr Cty State B011v1o, NC 28422