NC0081825_Civil Penalty Assessment_20150202

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Ansonville
County: Anson
Case Number: LV-2014-0140
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 and a monthly flow violation
that did not meet the 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 the opinion of the FRO that this violation was not 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 not had any civil penalties assessed against it within the past 12
month. There was some technical assistance given at the end of 2013 due to
several violations during that time.
8) The cost to the State of the enforcement procedures.
➢ Enforcement cost to the state totaled $141.56
Date
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR

NC'E R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 3090 0001 3169 8589
Lyndell Ingram, Mayor
Town of Ansonville
POBox437
Ansonville, NC 28007
SUBJECT:
Dear Mr. Ingram:
Donald R. van der Vaart
Secretary
February 2, 2015
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Penult NC0081825
Town of Ansonville
Ansonville WWTP
Case No. LV-2014-0140
Anson County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $533.12
($ 391.56 civil penalty + S 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 March 2014. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0081825. The violations which occurred in
March 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
tettus, conditions or requirements of NPDES Permit 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 teinis,
conditions or requirements of a permit 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, Division of Water Resources
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Ansonville:
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095
Main Phone: [phone] \ Internet: http://www.ncdenr.gov

$ 0.00
$ 391.56
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Peililit No.
NC0081825, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for FLOW.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0081825, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$ 391.56 TOTAL CIVIL PENALTY
$ 141.56 Enforcement Costs
$ 533.12 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 halm 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 days of receipt of this notice, you must do one of the following:
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:
Compliance & Expedited Permitting Unit
Division of Water Resources
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:
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
deteiiiiining 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 infou nation 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
foul's should be submitted to the following address:
Compliance & Expedited Permitting Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Lacy Presnell, 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.
If you have any questions, please contact the Surface Water staff of the Fayetteville Regional
Office at 910-433-3300.
Sincerely,
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2014-0140
Assessed Party: Town of Ansonville
Permit No. (if applicable): NC0081825
County: Anson
Amount Assessed: $ 533.12
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 applies. 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
Town of Ansonville
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Ansonville WWTP
PERMIT NO. NC0081825
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING ANI)
STIPULATION OF FACTS
FILE NO. LV-2014-0140
Having been assessed civil penalties totaling $ 533.12 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated 2/03/2015, 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

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EFFLUENT
NPDES PERMIT NO NC0081825 DISCHARGE NO. 001 MONTH March YEAR 2014
FACILITY NAME Ansonville WWTP CLASS II COUNTY Anson
CERTIFIED LABORATORIES (1;Ansonville
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC; Jason Mullis
PERSON(S) COLLECTING SAMPLES Staff
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
CERTIFICATION NO.
5242
GRADE II CERTIFICATION NO. 995138
ORC PHONE: [phone]
NO FLOW / DISCHARGE FROM SITE * 11
(SIGA RE OF OPERATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE..
DATE
DATE
Operator Arrival Time
2400 Clock
Operator Time
On Site
ORC On Site?**
50050
00010
00400
50060
00310
00610
00530
31616
00300
00600
00665
FLOW
TEMPERATURE
CELSIUS
RESIDUAL
CHLORINE
A U
O o
AMMONIA
NITROGEN
TOTAL
SUSPENDED
RESIDUE
FECAL
COLIFORM
(Geometric Mean)
DISSOLVED
OXYGEN
TOTAL
NITROGEN
TOTAL
PHOSPHOROUS
ENTER PARAMETER CODE ABOVE NAME AND
UNITS BELOW
EFF a
INF C
p
® UV
HRS
HRS
Y/BIN
MGD
°C
UNITS
RRdisinfection
EUG/L
MG/L
MG/L
MG/L
#/100ML
MG/L
MG/L
MG/L
gig
W11,,
1
N
;,
2
N
3
820
Y
0.141
15.0
4
810
Y
0.066
15.0
7.2
< 20.00
3.6
15.3
10
5
745
Y
0.058
15:0
tii
V ,
6
1120
Y
0.057
15.0
7.1
< 20.00
7
840
Y
0.187
15.0
Yr ,
8
N
9
N
10
800
Y
0.552
15.0
11
1000
Y
0.085
15.0
6.9
< ` 20.0.0
2.0
6.7
- 9
12
820
Y
0.063
15.0
13
810
Y
0.066
15:0
7.0
< 20.00
14
830
Y
0.091
15.0
15
N
16
N
17
810
Y
0.232
150
18
805
Y
0.200
15.0
6.8
< 20.00
2.6
15.2
23
19
740
Y
0.123
15.0
20
900
Y
0.119
15.0
6.8
< 20.00
.
21
800
Y
0.066
15.0.
22
N
23
N
24
810
Y
0.180
15.0
25
800
Y
0.056
15.0
6.9
< 20.00
4.0
14.2
2500
26
1100
Y
0.072
15.0
','
,
27
800
Y
0.045
15.0
. 7.0
< 20.00
28
745
Y
0.086
15.0
.,'
;
29
N
30
N
31
750
Y
0.184
15.0
AVERAGE
0.130
15.0
3.1
####
12.9
48
######
#####
#DIV/0!
MAXIMUM
0.552
15.0
7.2
4.0
0.0
15.3
2500
0.0
000
0.00
MINIMUM
0.045
15.0
6.8
2.0
0.0
6.7
9
0.0
0.00
0.00
Comp.(C)/Grab(G)
G
G
G
C
C
C
G
G
C
C
Monthly Limit
0.120
>6-<9
28.0
30.0
2.0
30.0
200
>5
Monthly Avg. % Removal (85%)
90.2%
81.2%
DWQ Form MR-1 (11/04)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
x
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Non compliant
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
be made as required by art II.E.6 of the NPDES permit.
"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 to 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."
Town of Ansonville
PO Box 437
Ansonville, NC 28007
[phone]
Permittee Address Phone Number
Lyndell Ingram
Pere ittee (Please print or type)
Signatuof Permittee* *
(Required)
Date
townofansonville(c�yahoo.com October 31, 2013
e-mail address
Permit Exp. Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2) Pace Labs - Huntersville, NC
Certified Laboratory (3) Pace Labs - Asheville, NC
Certified Laboratory (4)
Certified Laboratory (5)
PARAMETER CODES
Certification No.
Certification No.
Certification No.
Certification No.
530
40
Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at [phone] or by visiting the
Surface Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages.
Use only units designated in the reporting facility's 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 the 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 the delegation of signatory authority must be on file with the
state per 15A NCAC 2B .0506 (b)(2) (D).
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