NC0081825_Civil Penalty Assessment_20150608 (2)

DIVISION OF WATER ROURCES - CIVIL PENALTY ASSESSMENT
Violator:
Facility Name:
Permit Number:
County:
Case Number:
Town of Ansonville
Ansonville WWTP
NC0081825
Anson
LV-2015-0084
ASSESSMENT FACTORS
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;
➢ No lasting harm to the natural resources of the State, to the public health, or any damage to
private property was reported due to this violation.
2) The duration and gravity of the violation;
➢ This facility had a weekly fecal violation that met enforcement criteria.
3) The effect on ground or surface water quantity or quality or on air quality;
➢ No observed effect of surface water quantity or quality has been documented from this violation.
4) The cost of rectifying the damage;
➢ At this time a cost cannot be determined.
5) The amount of money saved by noncompliance;
It is not apparent that any money was saved from this non-compliance event.
6) Whether the violation was committed willfully or intentionally;
➢ It is not apparent that 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
➢ This facility has had civil penalties assessed against it within the past 12 months.
8) The cost to the State of the enforcement procedures.
➢ Enforcement cost to the state totaled $141.56
S/ 1,I fir' /% I%G ^• G'C..Ad2
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Date Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR

North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7010 3090 0001 3169 8992
Return Receipt Requested
June 08, 2015
Lyndell Ingram, Mayor
Town of Ansonville
PO Box 437
Ansonville, NC 28007
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 Permit No. NC0081825
Town of Ansonville
Ansonville WWTP
Case No. LV-2015-0084
Anson County
Dear Permittee:
Donald R. van der Vaart
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $454.06 ($312.50 civil penalty
+ $141.56 enforcement costs) against Town of Ansonville.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Ansonville for the month of October 2014. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0081825.
The violations, which occurred in October 2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Ansonville violated the terms, conditions or
requirements of NPDES Penult No. NC0081825 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 teiins, conditions or requirements of a penult 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 Environment and Natural Resources and the Director of the Division of Water
Resources, I, Belinda S. Henson, Regional Supervisor, Fayetteville Regional Office hereby make .the following civil
penalty assessment against Town of Ansonville:
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] \ Internet: www.ncdenr.gov <http://www.nedenr.gov>
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

$312.50 1 of the 1 violations of 143-215.1(a)(6) and NPDES Peliiiit No.NC0081825, by discharging
waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for
FEC COLI.
$312.50 TOTAL CIVIL PENALTY
$141.56 Enforcement Costs
$454.06 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 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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2

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 143B-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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3

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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
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.
4

If you have any questions, please contact Mark Brantley with the Division of Water Resources staff of the Fayetteville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
for S. Jay Zimmeliiian, P.G.
Director, Division of Water Resources, NCDENR
By Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Fayetteville Regional Office - Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0084
Assessed Party: Town of Ansonville
Permit No.: NC0081825
County: Anson
Amount Assessed: $454.06
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ANSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Ai sonville
Ansonville WWTP
PERMIT NO. NC0081825
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2015-0084
Having been assessed civil penalties totaling $454.06 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated , 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 the notice of assessment.
This the
day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Ansonvill®
LV-2015-0084
CASE NUMBER:
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NPDES PERMIT NO.: NC0081825
FACILITY NAME: Ansonville WWTP
OWNER NAME: Town of Ansonville
/RADE: WW-3
eDMR PERIOD: 10-2014 (October 2014)
SAMPLING LOCATION:
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Heather Hilton Mullis
ORC HAS CHANGED: No
VERSION: 1.0 STATUS: Processed
EFFLUENT DISCHARGE NO.: 001 NO DISCHA
PERMIT STATUS: Active
COUNTY: Anson
ORC CERT NUMBER: 1000811
GE*: NO
at
Composite Sample
Total Composite Time
Operator Arrival Time
Operator Time On Site
ORC On Site'**
No Flow Reason
50050
00010
00400
50060
C0310
C0530
31616
C0600
C0665
Continuous
Weekly
Weekly
2 X week
Weekly
Weekly
Weekly
Quarterly
Quarterly
Recorder
Grab
Grab
Grab
Composite
Composite
Grab
Composite
Composite
FLOW
TEMP-C
PH
CHLORINE
BOD - Conc
TSS - Conc
FEC COLT
TOTAL N -
TOTAL P -
2400
Hrs
2400
Hrs
YB/N
mgd
deg c
su
ug/1
mg/I
mg/I
#/I00m1
mg/1
mg/1
1
0740
Y
0.059
2
0800
Y
0.06
23
7.3
< 20
3
0810
Y
0.056
4
N
0.06!
5
N
0.061
6
1000
Y
0.061
7
24
0800
Y
0.05
23
7.2
< 20
3.1
< 2.5
172
_
8
0730
Y
0.065
9
0745
Y
0.043
23
7.2
< 20
10
0835
Y
0.046
11
N
0.056
12
N
0.056
13
0815
Y
0.056
14
24
0820
Y
0.062
23
7.3
< 20
4
2.9
60
17.2
2.6
.i
0900
Y
0.071
16
0840
Y
0.058
23
7.1
< 20
17
0838
Y
0.068
_
18
N
0.062
Rt
NtL-jr I,Ei�`SCk'
p�
DtlF1ir
19
N
0.062
t! e
r Oeaii&y yfiegfu
oil
20
0820
Y
0.062
'ff7`j
1 20
21
24
0830
Y
0.06
23
7.4
< 20
5
3.6
6000 _k
22
0820
Y
0.073
!r2, ,
�':.4 5 ,'s9
hy
Cot50
23
0815
Y
0.056
23
7.2
< 20
<
.. G 1 M
CA
24
0810
Y
0.055
25
N
0.06
26
N
0.06
27
0820
Y
0.06
28
24
0900
Y
0.054
23
-
7.3
< 20
29
0815
Y
0.048
30
0820
Y
0.048
23
7.2
< 20
2
< 2.5
330
31
0810
Y
0.055
Monthly Average Limit
0.12
30
30
200
Monthly Average:
0.0582
23
7.2444
0
3.52
1.63
115.36
17.2
2.6
Daily Maximum:
0.073
23
7.4
0
5
3.6
6000
17.2
2.6
Daily Minimum:
0.043
23
7.1
0
2
0
0
17.2
2.6
Monthly Avg % Removal (85%):
FEB 0 6 0.15
4�

NPDES PERMIT NO.: NC0081825 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Ansonville WWTP CLASS: WW-2 COUNTY: Anson
OWNER NAME: Town of Ansonville ORC: Heather Hilton Mullis ORC CERT NUMBER: 1000811
GRADE: WW-3 ORC HAS CHANGED: No
eDMR PERIOD: 10-2014 (October 2014) VERSION: 1.0
COMPLIANCE: Non -Compliant CONTACT PHONE #: [phone]
STATUS: Processed
SUBMISSION DATE: 11/15/2014
11/14/2014
ORC/Certifier Signature: Michael Jason Mullis E-Mail:[e-mail] Pll,one #:704-826-8404 Date
1171(q/Zeiti
(
By this signature, I certify that this report is accurate and complete to the best of my knowledge.,
�..
nowledge.
J
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
COMMENTS:
11/15/2014
Permittee/Submitter Signature:*** dianna mclaughlin E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: NCSR 1627 Ansonville NC 28007 Permit Expiration Date: 01/31/2019
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
co assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: Pace Labs
CERTIFIED LAB #: 530
PERSON(s) COLLECTING SAMPLES: Jason Mullis
PARAMETER CODES
Parameter Codes assistance may be obtained by calling the NPDES Unit [phone] or by visiting the Surface Water Protection Section's web site at
http://portal.ncdenr.org/web/wq/swp and linking to the unit's information pages.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).