NC0071447_LV20180050 Denied_20180405

;:. ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Dtrectot
Apnl 5,2018
CERTIFIED MAIL 7015 0640 0007 9833 6551
RETURN RECEIPT REQUESTED
Mr.Paul Cronin,Director
The Diocese of Charlotte
1551 Trinity Lane
Hickory,NC 28602
Subject: Request to Remit Civil Penalties-Denied
Decision in Case Number: LV-2018-0050
Catholic Conference Center WWTP
NPDES Permit NC0071447
Catawba County
Dear Mr. Cronm:
In accordance with North Carolina General Statute 143-215.6A(f),the North Carolina Division of Water
Resources(the Division)has reviewed your request to remit civil penalties in the subject case.We regret to
inform you that the Director has denied your request.
Therefore,your outstanding balance$453.29($350.00 civil penalty+$103.29 enforcement costs)is due and
payable.Two options are available to you at this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty,please make your check payable to the Department of Environmental Quality
(DEQ). Send the payment,within thirty(30)calendar days of receiving this letter,to the attention of:
Wren Thedford
Division of Water Resources
Water Quality Permitting Section-NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
OR
2) You may request the Environmental Management Commission's(EMC's)
Committee on Civil Penalty Remissions (the Committee)to make the final decision
on your remission request considering your additional oral input,as warranted.
State of North Carolma I Environmental Quality
1611 Mail Service Center I Raleigh,North Carolina 27699-1611
919-707-9000

Dear Mr. Cronin:
April 5, 2018
Page 2 of 2
If payment is not received withm 30 calendar days from your receipt of this letter,your current request for
remission and this letter of demal will be delivered to the Committee on Civil Penalty Remissions for final
agency decision.
If you or your representative would like to speak before the Committee,you must complete and return the
attached Request for Oral Presentation Form within thirty(30) calendar days of receiving this letter. Send
completed form(s)to:
Wren Thedford
Division of Water Resources
Water Quality Permitting Section-NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
If you make such a request,the EMC Chairman will review the supporting documents and your request for an
oral presentation. If, in his/her judgment,the Chairman determines that there is compelling reason to require a
presentation,you will be notified as to when and where you should appear. If your presentation is not
required,the final decision will be based upon the wntten record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision
based on the original assessment amount. Therefore,the EMC may choose to uphold the origmal penalty and
offer no remission,they may agree with the DWR Director's remission recommendation detailed above, or
the penalty amount may be further remitted.
If you have any questions about this matter,please contact me at(919) 807-6307 or via e-mail at
[e-mail].
Sincerely,
615;TAC60:1"4..AA--------
Derek C Denard,Environmental Specialist
Compliance&Expedited Permitting Unit
Division of Water Resources
Attachments Director's Decision;Request for Oral Presentation form
Permittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc Enforcement File w/onginals
NPDES Program Files
Central Files w/attachments
Mooresville Regional Office w/attachments

DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number: LV-2018-0050 Region: Mooresville County: Catawba
Assessed Entity: The Diocese of Charlotte Permit No.: NC0071447
Assessment Factors
0 (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
0 (c) Whether the violation was inadvertent or a result of an accident:
❑(d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
The permittee asserts that the BOD limit violations were attributed to both"erratic"dissolved oxygen readings in
the aeration basin and a build-up of sludge in the clarifier due to a clogged return sludge line that was severely
deteriorated and rusted.In addition,the permittee indicated that an extensive project was initiated to repair the
WWTP at a cost of$8,539.85.
A review of the facility's compliance history, from October 2012 to September 2017,revealed monthly average
effluent ammonia violations bemg reported in October 2014(NOV-2015-LV-0169)and May 2017(NOD-2017-
LV-0086).The MRO indicates that the facility was not bemg properly operated and maintained during the time
period of the BOD violations.
DECISION(Chec One)
Request Denied
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission ❑ $ nt r Amount)
n
E.Hennessy Date

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CATAWBA DWR Case Number LV-2018-0050
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST ) REQUEST FOR ORAL PRESENTATION
THE DIOCESE OF CHARLOTTE )
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above In making this request,I assert that I understand all of the followmg statements
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held m Raleigh,
North Carolina
• My presentation will be limited to discussion of issues and information submitted in my original remission request,and because
no factual issues are m dispute,my presentation will be limited to five(5)minutes m length
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar Proceedings before the Committee on
Remissions are quasi-judicial You should consider how you intend to present your case to the Committee m light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a busmess or governmental entity. If you or your
representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of
this letter
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may
proceed with your oral presentation See www ncbar com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opimon 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee,however,if you intend on having another individual speak
on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law
• If you are a corporation,partnership or mumcipahty and are granted an opportunity to make an oral presentation before the
Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney Presentation of facts by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are. 1)for individuals and business owners,your own signature and 2)for corporations,
partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc)
ADDRESS

• r', ;*Az, Office of the General Counsel for the Roman Catholic Diocese of Charlotte
Joe Dodge-General Counsel
March 16,2018 RECENECIDcI4RICVIE
Wastewater Branch MAR %I.
2018
Division of Water Resources Water Resources
ATTN: Director of the Division of Water Resources permitting$ecu°P
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: Remission Request
Permit No.NC0071447
Case No LV-2018-0050
Dear Sir/Madam:
Enclosed please find the following documents for filing:
1. Justification for Remission Request,together with supporting documents.
2. Waiver of Right to an Administrative Hearing and Stipulation of Facts.
Based upon the information that I have been provided,it is my understanding that steps will be
taken to consider our request to waive the assessed civil penalty of$453.29.It is also my
understanding that payment of said penalty is stayed until such time as this Remission Request is
considered and a written determination has been made.
Please contact me if you have any further questions or concerns.
Sincer ,
Joe Dod
Enc.
cc: Msgr. Mauricio W. West,V.G (w/enc.)
1123 South Church Street • Charlotte • North Carolina 28203
Phone [phone]

RECEIVED MAR 0 2 7018
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0050 County: Catawba
Assessed Party: The Diocese of Charlotte
Permit No.: NC0071447 Amount Assessed: $453.29
Please use this form when requesting remission of this civil penalty. You must also complete the'Request For Remission,
Waiver ofRight 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:
See attached letter from Paul Cronin,the Director of the Catholic Conference Center dated
February 14,2018 addressed to Mr. Corey Basinger,Regional Supervisor,Water Quality
Regional Operations Section,Mooresville Regional 0 ce 10 East Center Avenue, Suite 301,
Mooresville,NC 28115.
This the 1611 day of March,2018.
Joe Dodge,Esq.
General Counsel
Roman Catholic Diocese of Charlotte
1123 S.Church St.
Charlotte,NC 28203
[phone]

..
All
71 CATHOLIC CONFERENCE CENTER
February 14, 2018
Mr. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Subject: Response to the Notice of Violation and Intent to Assess Civil Penalty issued on
February 7'h, 2018 for the Catholic Conference Center WWTP NC0071447-Case
Number: NOV-2018-LV-0109
Dear Mr. Basinger:
The Catholic Conference Center appreciates the opportunity to respond to the Notice of
Violation related to the October 2017 Discharge Monitoring Report. This response will
provide additional information regarding the inspection findings.
5 Day BOD Permit limit Violations: The week of October 19'h, 2017, the operator noted
that the dissolved oxygen in the aeration basins was erratic. Upon further inspection, it
was found that the return sludge lines had clogged. The sludge level had built up In the
clarifier. While trying to restore the return sludge flow it was found that the return
sludge piping had severely deteriorated and was short circuiting and also clogging with
rust and metal pieces. As a result very little sludge was returned to the aeration basin
over a period of 48 hours. The lines were eventually cleared but the effluent BOD
removal was negatively impacted during this period. The daily BOD limit was exceeded
and also the result caused the Monthly average BOD to be exceeded.
The Catholic Conference Center and the ORC immediately launched an extensive repair
project to have all the sludge return lines and valves replaced with new material by a
qualified welder contractor. In November a complete rebuild of the sludge return lines
and other repairs were made to the treatment plant at a cost of $8,539.85. As a result
the system has been completely repaired, fully recovered, and appears to now be
operating normally.
We trust that this letter addresses our response to the Notice of Violation and
demonstrates the Catholic Conference Center commitment to improving the overall
operation and condition of the waste water treatment plant. Based on these items,we
respectfully request that the Division not seek any further enforcement action for the
1551 Trinity Lane • Hickory,North Carolina 28602-9049
Phone-828.327.7441 • Fax-828.327.0872 • E-mail.: [e-mail] • www.catholicconference.org

2
Notice of Violation. If I can be of any further assistance or additional information is
needed, please do not hesitate to contact me.
e
411)
Paul Cronin
• Director
cc: •-leather Adams
Tom Johnson

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAWBA
IN THE MA ITER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
The Diocese of Charlotte )
Catholic Conference Center WWTP )
PERMIT NO.NC0071447 ) CASE NO.LV-2018-0050
Having been assessed civil penalties totaling$455.29 for violation(s)as set forth in the assessment document of
the Division of Water Resources dated February 28,2018,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 notice of assessment.
This the 16th day of March,2018.
Joe Dodge,Es
General Co el
Roman Catholic Diocese of Charlotte
1123 S. Church St.
Charlotte,NC 28203
[phone]

RECEIVED MAR 0 2 2018
ROY COOPER
4.1L
Gv
MICHAEL,S.REGAN
SecretaryN
Water Resources LINDA C1 LPEPPER.
EMVDLQNMn1trAL QUhL IIY .jffferin 1)fr fiat
Certified Mail#70161370 0000 2595 7931
Return Receipt Requested
February 28,2018
Paul Cronin,Director
The Diocese of Charlotte
1551 Trinity Lane
Hickory,NC 28602
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.)143-215.1(aX6)
and NPDES WW Permit No.NC0071447
The Diocese of Charlotte
Catholic Conference Center WWTP
Case No.LV-2018-0050
Catawba County
Dear Mr.Cronin:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$453.29($350.00 civil penalty+
$10329 enforcement costs)against The Diocese of Charlotte.
This assessment is based upon the following facts:a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by The Diocese of Charlotte for the month of October 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.NC0071447.
The violations,which occurred in October 2017,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that The Diocese of Charlotte violated the terms,conditions or
requirements of NPDES WW Permit No.NC0071447 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(ax2),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,W.Corey Basinger,
Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against The Diocese
of Charlotte:
State of North Carolina I Environmental Quality i Water Resources
610 East Center Avenue,Suite 301,Mooresville,NC 28115
704-663-1699

$100.00 1 of the 1 violations bf 143-215.1(a)(6)and Permit N o.NC0071447,by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOO-Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00071447,by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD-Conc.
$350.00 TOTAL CIVIL PENALTY
$103.29 Enforcement Costs
$453.29 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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

RECEIVED MAR 0 2 2018
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 143E 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 27689-1617

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: [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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at(704)235-2192 or via email at [e-mail].
Sincerely,
W.Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office •
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

rccLtIvt.0 MAR 0 2 2016
ATTACHMENT A
The Diocese of Charlotte
CASE NUMBER: LV-2018-0050
PERMIT: NC0071447 REGION: Mooresville
FACILITY: Catholic Conference Center WWTP COUNTY: Catawba
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Fre Measure Value Value Limit Type Amount
10/1912017 10-2017 BOD,5-Day(20 Deg. Weekly mg/I 45 171 280.0 Daily $100 00
C)-Concentration Maximum
Exceeded
10/31/2017 10-2017 ROD.5-Day(20 Deg. Weekly mg/I 30 44 48.7 Monthly $250.00
C)-Concentration Average
Exceeded