NC0038377_Enforcement (Letter)_20190130

ROY COOPER
Gee tinge
�41ICHAEL S_ RLGA`
5. ivrars
LINDA CULPEPPER
Certirted Mail # 7017 0190 0000 9569 9111
Return Receipt Requested
Paul Draoviteh, Senior VP
Duke Energy Progress LLC
526 S Church St - Ec3xp
Charlotte, NC 28202
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;6
NO-; i H CAROLINA
Environmental Quality
January 30, 2019
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. NCO038377
Duke Energy Progress LLC
Mayo Steam Electric Power Plant
Case No. LV-2019-0015
Person County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S390.00 (S350.00 civil penalty
+ $40.00 enforcement costs) against Duke Energy Progress LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Duke Energy Progress LLC for the month of September 2018. 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.
NC0038377. The violations, which occurred in September 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Duke Energy Progress LLC violated the terms,
conditions or requirements of NPDES WNV Permit No. NCO038377 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).
^,--- __ - -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, 1, Rick
Bolich, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Duke Energy Progress LLC:
$100.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. N00038377, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Dav (20 Deg. C)_
- Concentration
S250.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No, N00038377, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg.
C) - Concentration
$350.00 TOTAL CIVIL PENALTY
S40.00 Enforcement Costs
S390.00 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 tile 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

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 rive 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 14313-232.1(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 infonnation 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: rile a aetition for an administrative hearing with the Office of Administrative llearinas•
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 I Iearings. 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 5:00 a.m. and 5:00 p.m., except for official state
holidays. The petition maybe 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 § 15013-23.2) 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 andlor 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 (I) 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 Vanessa Manuel with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 7914255 or via email at vanessa.manuel.0 ncdenr.gov.
WSincerh, L.G., Assistant Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance.' Enforcement Unit - Enforcement File
Central Files

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-OO15 County: Person
Assessed Party: Duke Energy Progress LLC
Permit No.: NC0038377 Amount Assessed: $390.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Rentission,
14aiverofRight to an,-fdtninistrative Hearing, and Stipulation ofFaets" 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. § 14313-282. 1 (c), remission of a civil
penalty maybe granted only when one or more of the following live 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. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penal{, assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., explain the
steps that -you tool: to correct the violation and prevent>uture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., e_vplain a-ltv the violation wets unavoi(hthle or
sornetlttng you could not prevent or prepare fot);
(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
hoiv pgvntent of the civil penalty it -ill prevent vote rant perfcrrrriiri,; the actiritieS necessctry to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF PERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Duke Energy Progress LLC
Mayo Steam Electric Power Plant
PERMIT NO. NCO038377
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2019-0015
Having been assessed civil penalties totaling 5390.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 30, 2019, the undersigned, desiring to seek remission ofthe 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 the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Duke Energy Progress LLC
CASE NUMBER: LV-2019-0015
PERMIT: NCO038377
FACILITY: Mayo Steam Electric Power Plant
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 011 -Effluent
Violation Report
Date Month[Yr. Parameter
9/11/2018 9-2018 BOD, 5-Day (20 Deg_
C) - Concentration
9130/2018 9-2018 BOD, 5-Day (20 Deg_
C) - Concentration
REGION: Raleigh
COUNTY: Person
Unit of
Limit
Calculated
% Over
Violation
Penalty
Frequency Measure
Value
Value
Limit
Type
Amount
Weekly mgrl
45
198
340.0
Daily
$100.00
Maximum
Exceeded
Weekly mgrl
30
50.22
67A
Monthly
S250.00
Average
Exceeded