NC0081825_Civil Penalty Assessment_20150121

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Ansonville
County: Anson
Case Number: LV-2015-0007
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 the opinion of the PRO 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 had 4 civil penalties assessed against it within the past 12 month.
8) The cost to the State of the enforcement procedures.
➢ Enforcement cost to the state totaled $141.56
1-0,1-15 igeLhoief—A)14,
Date
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR

North Carolina Depaitiuent of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7010 3090 0001 3169 8770
Return Receipt Requested
January 21, 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-2015-0007
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 $ 329.06 ($187.50 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 July 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 July 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 Permit 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 terms, 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, 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.ncdenr.gov>
An. Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

$187.50 1 of the 1 violations of 143-215.1(a)(6) and NPDES Peiiiiit No.NC0081825, by discharging
waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for
FEC COLT.
$187.50 TOTAL CIVIL PENALTY
$141.56 Enforcement Costs
$329.06 TOTAL AMOUNT DITE
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 Depaitiiient 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 Stimulation 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. John Evans, 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,
i`4,-,44_,-,4)
for Thomas A. Reeder, 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-2015-0007
Assessed Party: Town of Ansonville
Permit No.: NC0081825
County: Anson
Amount Assessed: $329.06
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 Ansonville
Ansonville WWTP
PERMIT NO. NC0081825
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPITLATION OF FACTS
CASE NO. LV-2015-0007
Having been assessed civil penalties totaling $329.06 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 21, 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

EFFLUENT
NTPDES PERMIT NO NC0081825 DISCHARGE NO. 001 MONTH July YEAR 2014
FACILITY NAME Ansonville WWTP CLASS II COUNTY Anson
CERTIFIED LABORATORIES (1', Ansonville
(list additional laboratories on the backside/page 2 of this faun)
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
tj
I'
A i,
CERTIFICATION NO. 5242
GRADE II CERTIFICATION NO. 995138
ORC PHONE: [phone]
NO FLOW / DISCHARGE FROM SITE *
(S GI1ATURE Or 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
TEMPERATURE
CELSIUS
00400
RESIDUAL c
CHLORINE c
00310
AMMONIA c
NITROGEN
TOTAL
SUSPENDED
w
RESIDUE o
FECAL
COLIFORM °�
CN
(Geometric Mean)
DISSOLVED c
OXYGEN
TOTAL
NITROGEN c
TOTAL
PHOSPHOROUS
cn
FLOW
c el
ENTER PARAMETER CODE ABOVE NAME AND
UNITS BELOW
EFF
INF
a w
adisinfection
ction
HRS
Y/B/N
MGD
°C
UNITS
°IJG/L
MG/L
MG/L
MG/L
#/100ML
MG/L
MG/L
MG/L
1
900
Y
0.058
16.0
6.9
< 20.00
8.9
6.9
6800
2
900
Y
0.043
16.0
3
915
Y
0.039
16.0
7.1
< 20.00
4
Holiday
N
0.034
�� {
.y
;�M
5
N
0.034
ray 1 /=a3�
6
N
0.034
DWC
/; °l
7
810
Y
0.034
16.0
8
850
Y
0.040
16.0
7.0
< 20.00
2.0
NA
20
13.30
3.00
9
1100
Y
0.036
17.0
10
820
Y
0.032
16.0
7.3
< 20.00
11
830
Y
0.034
17.0
12
N
0.036
-
;,.
13
N
0.036�`�'
� E
�
14
810
Y
0.036
17.0uu"`
=
4� t 4 S
ai'r_
0
k'�
15
800
Y
0.041
17.0
6.8
< 20.00
8.3
2.5
12
u,
?
16
900
Y
0.120
16.0
i'` `'lf
``
17
840
Y
0.077
17.0
7.1
< 20.00
18
900
Y
0.120
17.0
19
N
0.060
20
N
0.060
I°
21
930
Y
0.060
17.0
22
800
Y
0.092
18.0
6.9
< 20.00
2.0
2.5
2
23
745
Y
0.059
18.0
24
800
Y
0.046
18.0
6.9
< 20.00
25
800
Y
0.045
18.0
26
N
0.041
27
N
0.041
28
815
Y
0.041
18.0
29
815
Y
0.039
18.0
7.0
< 20.00
2.8
2.9
3
30
820
Y
0.035
18.0
31
810
Y
0.037
18.0
AVERAGE
0.050
17.0
:,
4.8
####
3.7
25
######
13.30
3.00
MAXIMUM
0.120
18.0
7.3
8.9
0.0
6.9
6800
0.0
13.30
3.00
MINIMUM
0.032
16.0
6.8
2.0
0.0
2.5
2
0.0
13.30
3.00
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%)
96.6%
97.8%
DWQ Form MR-1 (11/04)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
x
(including weekly averages, if applicable) 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
Perm ittee (Please print or type)
Signa't{are of Permittee*** `J Date
(Required)
[e-mail] October 31, 2013
e-mail address
Permit Exp. Date
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
Pace Labs - Huntersville, NC
Pace Labs - Asheville, NC
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).
Page 2