NC0044199_Delegated Authority_20180306

Date
')/ x / -
Wastewater Branch
Water Quality Permitting Section
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Delegation of Signature Authority.
Facility Name: 5c—,1,o Nil C9-Z'+' 1:.4 b
NPDES Permit.Number: N I C 1'0 1 0 114 I gI I I ci 0 I
To Whom It May Concern
By notice of this letter, I,hereby delegate signatory authority to each of the following individuals for all
permit app!ieatiuiis, disCiidt'go ift(Aiitotitlg iepoit , aitd other information relating to the operations at
the subject facility as required by all applicable federal, state, and local environmental agencies
specifically with the requirements for signatory authority as specified in 15A NCAC 2)3 0506
Individual ##1 individual #.2 (f applicable)
Name: /4f i n a F\ -_ a.--?-01.; C T r7Vv z2 l�k C-'4.-i"....
Title: a
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Mailing Address: -( il Gr 3 La t) ,�--c- L �� L, i
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Physical Address: 7ci ';, cc.-- « e=t LP P
( different)
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Email Address: ',?_.(----1.
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Office Phone: -1,07-1"-- `;_) vC. -° i. 3 - —7t1) 14_ :t.--.)-- -(-I L C O C'c:7 r4-,
Mobile Phone: -7 (,)71-t 7 ')'? '?"--'-t 5"7
If you have any questions regarding this fetter, please feel free to contact me at either the phone
number or email address below,
Sincerely,
Authors ff�cial's Signature
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Authorized igning OfficiaRs Name �ryPe or print) Title
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Mailing Address
Email Address
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cc- Regional Office, Water Quality Permitting Section
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DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator: Public Schools of Gates County
Facility Name: Buckland Elementary School
Permit Number: NC0043974
County: Gates gECEIVED'® ��®W
Case Number: LV-2018-0065 MAR 16 201
ASSESSMENT FACTORSPerrn►ermi ttmg�eSSection
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;
Unknown.No documented fish kills or health risks.Ammonia Nitrogen and Dissolved Oxygen violations could cause
water quality standard violations.
2) The duration and gravity of the violation;
Two daily maximum violations for Total Ammonia Nitrogen,the monthly average was exceeded for Total Ammonia
Nitrogen and four violations for daily mmimum of Dissolved Oxygen not reached
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.Ammonia Nitrogen limit violations and low Dissolved Oxygen levels could cause water quality standard
violations
4) The cost of rectifying the damage;
Unknown. The facility has reached out to the Department of Public Instruction and The Division of Water Resources for
help. Gates County Schools will be replacing the sand in beds 1 and 2 over the summer break
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
No
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
Two Notice of Deficiencies and One Civil Penalty Assessment were issued over the past 12 months
8) The cost to the State of the enforcement procedures.
$70.00
3- -1
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Date Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources,NCDEQ

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Return Receipt Requested
7017 3380 0001 0998 5805
March 13, 2018
Phillip B Williams, Superintendent
Public Schools of Gates County
PO Box 125
Gatesville,NC 27938-0125
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 NC0043974
Public Schools of Gates County
Buckland Elementary School
Case No LV-2018-0065
Gates County
Dear Mr Williams
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$520 00 ($450 00 civil penalty+
$70 00 enforcement costs)against Public Schools of Gates County
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Public Schools of Gates County for the month of November 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
NC0043974 The violations, which occurred in November 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Public Schools of Gates County violated the terms,
conditions or requirements of NPDES WW Permit No NC0043974 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,Robert Tankard,Assistant
Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Public Schools
of Gates County
State of North Carolina Environmental Quality I Water Resources
943 Washington Square Mall,Washington,NC 27889
252-946-6481

$200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0043974,by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for NH3-N-Conc
$0.00 0 of the 4 violations of 143-215.1(a)(6)and Permit No.NC0043974,by discharging waste water into
the waters of the State in violation of the Permit Daily Minimum for DO.
$250 00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0043974,by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N-Conc.
$450.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$520.00 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 contmuing 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 m 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 m 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(3 0) 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. [phone]
Fax: [phone]
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 Robbie Bullock with the Division of Water Resources staff of the Washington
Regional Office at 252-948-3843 or via email at [e-mail]
Sincerely,
?A.A. !J/
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Washington Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

ATTACHMENT A
Public Schools of Gates County
CASE NUMBER: LV-2018-0065
PERMIT: NC0043974 REGION: Washington
FACILITY: Buckland Elementary School COUNTY: Gates
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
11/8/2017 11-2017 Nitrogen,Ammonia 2 X month mg/I 20 27 3 36 5 Daily $100 00
Total(as N)- Maximum
Concentration Exceeded
11/22/2017 11-2017 Nitrogen,Ammonia 2 X month mg/I 20 25 64 28 2 Daily $100 00
Total(as N)- Maximum_
Concentration Exceeded
11/30/2017 11-2017 Nitrogen,Ammonia 2 X month mg/I 4 26 47 561 8 Monthly $250 00
Total (as N)- Average
Concentration Exceeded
11/1/2017 11-2017 Oxygen, Dissolved Weekly mg/I 6 2 8 -53 3 Daily $0 00
(DO) Minimum Not
Reached
11/8/2017 11-2017 Oxygen, Dissolved Weekly mg/I 6 3 24 -46 0 Daily $0 00
(DO) Minimum Not
Reached
11/22/2017 11-2017 Oxygen, Dissolved Weekly mg/I 6 4 25 -29 2 Daily $0 00
(DO) Minimum Not
Reached
11/29/2017 11-2017 Oxygen, Dissolved Weekly mg/I 6 4 13 -31 2 Daily $0 00
(DO) Minimum Not
Reached

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GATES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Public Schools of Gates County )
Buckland Elementary School )
)
PERMIT NO.NC0043974 ) CASE NO. LV-2018-0065
Having been assessed civil penalties totaling$520.00 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated March 13,2018,the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative heanng 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0065 County: Gates
Assessed Party: Public Schools of Gates County
Permit No.: NC0043974 Amount Assessed: $520.00
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(z 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 remaming necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: