NC0083658_Remission Request_20190211

T ROY COOPER
%4 ATE Governor
�
MICHAEL S. REGAN
Secretary
• LINDA CULPEPPER
Director
a,•
NORTH CAROLINA
Environmental Quality
February 11,2019
CERTIFIED MAIL 7010 2780 0003 4825 9817
RETURN RECEIPT REQUESTED
Raymond Roblin,P.G.,Principal SUBJECT: REMISSION REQUEST
CORR Environmental Resources,Inc. CIVIL PENALTY ASSESSMENT
4609 Candlestick Former Heatcraft Remediation Site
Garland,Texas 75043 New Hanover County
PERMIT NO: NC0083658
CASE NO.: LV-2018-0148
Dear Permittee:
I have considered the information submitted in support of your request for remission in accordance with
G.S. 143-215.6A(f)and have decided to modify the initial civil penalty assessment of$1,137.75
($1,000.00 civil penalty plus$137.75 enforcement costs)to the total amount of$987.75 ($850.00 civil
penalty plus $137.75 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead
address within thirty(30) days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which
is comprised of members of the Environmental Management Commission. The Committee may consider
such requests and render fmal and binding decisions in these matters. You may argue your request before
the Committee, and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address
within thirty(30) days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice,Division staff will automatically place your case on the agenda
of a future Committee meeting.
If you have any questions,please call Anjali Orlando at 919-707-3622. Thank you for your cooperation in
this matter.
Sincerely,
wL
Linda Culpepper,Director
Division of Water Resources,NCDEQ
State of North Carolina I Environmental Quahty I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 707 9000

Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: NPDES Enforcement File#: LV-2018-0148
Morella Sanchez-King, Wilmington Regional Office Supervisor
Central Files

NC0083658 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF New Hanover DWQ Case Number LV-2018-0148
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Daikin Americas Inc. )
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 following 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 in 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 in dispute, my presentation will be limited to five
(5) minutes in 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 in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business 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 Opinion 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 municipality 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 violation of the State Bar occurs.
This the day of , 20
SIGNATURE TITLE(President, Owner, etc.)
ADDRESS
TELEPHONE( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2018-0148 Region: Wilmington County: New Hanover
Assessed Entity: Daikin Americas Inc. Permit: NC0083658
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:The cause of the non-compliant result is unknown,but permittee points out their
good compliance history and lack of any other violations show that the physical/chemical
treatment unit was operating properly and within manufacturer specifications.In response to the
April 23 result,the ORC fully inspected the system and moderately decreased the influent flow
rate in an attempt to increase residence time for groundwater treatment within the system prior to
discharge. He noted that all system components were fully operational,and no issues could be
identified as the cause of the exceedance.
DWR Response:They use an air scrubber to remove pollutants from the contaminated GW then
discharge it. The request for remission letter dated 08/13/2018 indicates that the system is properly
maintained, and that the stripping vessels were cleaned in mid-March 2018. WiRO cannot confirm
this (DMR violation was in April 2018).During the facility inspection in May 2016,the equipment
looked old and rusty(visually). WiRO cannot confirm if the permittee has operating controls in place
to verify the correct operation of the system.
A (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:The violation was inadvertent,because it was a single, isolated event with no
known cause.
DWR Response:Permittee samples the minimum required in the permit. Thus one bad result, affects the
monthly compliance. They sampled the 19th and again on the 23rd, thus they did not have enough time to
resample. It is worth noting the permit requires to sample at least 10 days apart for 2x/month-which the
permittee didn't do.
The previous permit did not have a monthly average limit and the daily limit was 30 ug/1 for
TCE. Now it's 3 ug/1 for both,thus they are going to have to work to meet that and should perhaps be
sampling weekly.They were issued NOVs for 2-2015 with a 65.8 ug/1 and 11-2016 with a 43.2 ug/1
both over the old 30 ug/1 limit.
/1 (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:The permittee states that at no time during their operation have they been assessed for
civil penalties for NOVs to Daikin Applied or its predecessor companies.They also site the
monthly costs that Daikin Applied pays to CORR Environmental to maintain operational
oversight,maintenance,lab testing,DMR submittal. Daikin Americas has never denied any
budget requests for any operations and maintenance activities that are needed at the facility.

DWR Response:Review of permit history indicates that they have been assessed civil penalties twice prior,
once in 2003 and once in 2004. One of those violations was for Trichloroethene.
0 (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
WiRO recommends 15%remission of the civil penalty, acknowledging efforts for the system's maintenance
and that the last enforcement case was in 2004(although at that time the permit limit for TCE was 30 ughl).
DECISION(Check One)
Request Denied ❑
Full Remission 0 Retain Enforcement Costs? Yes 0 No❑
Partial Remission, $ 150 (Enter Amount)
—L---------- ,..-- L/4?
Linda Culpepper Date