NC0071447_Remission Decision_20180920

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV -2018-0183 Region: MRO County: Catawba
Assessed Entity: Diocese of Charlotte
Permit: NC0071447
❑ (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;
® (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.
MRO staff has reviewed the subject request for remission. The permittee asserts that the BOD limit violations were
attributed to intermittent problems with a blower motor (cutting off at unpredictable times) that was newly installed in
November 2017. Once the permittee was notified of the problem by the ORC (February 5, 2018), an electrician was
immediately summoned and determined one of the wires to the motor was loose (that had allegedly occurred during
installation) and the problem was immediately corrected.
A review of the facility's compliance history, from February 2013 to January 2018, revealed monthly average effluent
ammonia violations being reported in October 2014 (NOV-2015-LV-0169) and May 2017 (NOD -2017 -LV -0086). The
Division issued a civil penalty of $453.29 ($350.00 civil penalty + $103.29 enforcement costs) against the permittee for
a monthly average and daily maximum effluent BOD violations reported in October 2017 (Case #: LV -2018-0050).
The Division denied the permittee's remission request and the penalty was paid in full. It is the opinion of this Office
that the facility was not being properly operated and maintained during the time period of the violations and therefore,
the remission request be denied.
Regional Recommendation (Check One) DocuSigned by -
Request Denied ® Full Remission ❑ Partial Remission ❑
� E9/20/2018
A14CC681AF27425...
Central Office Recommendation (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑
Director's Decision (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted $
Date
Linda Culpepper, Interim Director