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Home My WebLink AboutNC0020354_NOV and Intent to Assess_20030505W A T �R nmcnaei t-. Lavey, governor William G. Ross Jr., Secretary SOF North Carolina Department of Environment and Natural Resources co y Alan W. Klimek, P.E. Director Division of Water Quality C) NP CERTIFIED MAIL RETURN RECEIPT REQUESTED May 5, 2003 Mr. Paul S. Messick, Interim Town Manager - - Town of Pittsboro _-- P.O. Box 87 Pittsboro, NC 27312 SUBJECT- Notice of ViIIlation and AccaccmPnt of �1V11 Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO020354 PittsboroWWTP Case No. LV 02-603 Chatham County Dear Mr. Montgomery: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 553.07 ($500.00 civil penalty +$ 53.07 enforcement costs) against the Town of Pittsboro. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Pittsboro for the Pittsboro WWTP for the months of April, May and June 2002. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0020354. The violations which occurred in April, May, and June, 2002 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Chatham County violated conditions or requirements of NPDES Permit NC0020354 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2) against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). Raleigh Regional Office 1628 Mail Service Center phone (919) 571-4700 Customer Service Water Quality Section Raleigh, NC 27699-1628 facsimile (919) 571-4718 1-800-623-7748 ti y Mr. Messick Page 2 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Kenneth Schuster, Division of Water Quality Regional Supervisor for the Raleigh Region, hereby make the following civil penalty assessment against the Town of Pittsboro : $ For of the _1 violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0020354, by discharging waste into the waters of the State in violation of permit quarterly average effluent limit for Tatal-PhosphoruS. $ 2—� For 1 of the 1 violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO020354, by discharging waste into the waters of the State in violation of permit weekly average effluent limit for Fecal Coliform. l $� For of the _1_ violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO020354, by discharging waste into the waters of the State in violation of permit weekly average effluent limit for B OD5. $ 'c)o TOTAL CIVIL PENALTY. $ 53.07 Enforcement costs. 6� $ 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; Mr. Messick Page 3 (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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should lze �iroctlT the�r_de�of�he Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B - 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; Mr. Messick Page 4 (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ease note that all information presented in snpp of a reai1?st f must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. W 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to J i, Mr. Messick Page 5 Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Raleigh Regional Office at 919-571-4700. Z06z (Date) Kenneth Schuster Water Quality Regional Supervisor Raleigh Region Division of Water Quality ATTACHMENTS cc: Regional WQ Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Mr. Messick Page 6 I ri Attachment A Pittsboro WWTP Chatham County April through June 2002 Limit Violations Quarters Average Limit Violations Parameter Reported Value Limit Units Total Phosphor s 2.22 mg/1 2.0 mg/l Weekly Average Limit Violations Parameter Week of Reported Value Limit Units Fecal Coliform 5/26-6/1 1012* 400.0 #/100 ml BODS 5/26-6/1 20.7* 7.5 mg/1 * = violations that were assessed a civil penalty Mr. Messick Page 7 STATE OF NORTH CAROLINA COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. NCO020354 PITTSBORO WWTP DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02-603 Having been assessed civil penalties totaling for violation(s)-as set forth in the assessment document of the Water Quality Regional Supervisor dated , the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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. BY ADDRESS TELEPHONE