NC0081825_Civil Penalty Assessment_20061018

County:
Anson
Case Number: LV-2006-0392
ASSESSMENT FACTORS
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;
1 "— The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
—6-r Whether the violation was committed willfully or intentionally;
,.71- The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
14 -" The cost to the State of the enforcement procedures.

UIVIJIUII UI vvaLcI ,UuliLy
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 0006 9498 9654
Joe M Estridge
Town of Ansonville
PO Box 437
Ansonville, NC 280070437
SUBJECT:
October 18, 2006
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 NC0081825
Town of Ansonville
Ansonville WWTP
Case No. LV-2006-0392
Anson County
Dear Mr. Estridge:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $576.62
($500.00 civil penalty + $76.62 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 2006. 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
July 2006 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 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 Quality, I, Belinda S. Henson, Division of Water Quality
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Ansonville:

$250.00
$250.00
$500.00
$76.62
$576.62
NC0081825, by dlscnargmg wasie w a«i HILL,
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
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 Average limit for RES/TSS.
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in deteiiiiining 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of hailii to the natural resources of the State, to the public health, or
to private property resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
with programs over
The prior record of the violator in complying or failing to comply
which the Environmental Management Commission has regulatory authority; and
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
enfor
cement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

1V1 JULii ■ ��ju��'
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 Quality at the address listed below.
In
deteiiliining 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 Quality 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 foul'
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 forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

If you wish to contest any statement In the attacnearnU,1
assesselll UL,UI1111L yvu
for an administrative hearing. You may obtain the petition foiiii from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (3 )
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
Mary Penny Thompson, 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 beiPleag
se
referred to the Attorney General's Office for collection of the penalty through a civil action.
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,
.13ciu;w40- (Xnae--/A)
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
ATTACHMENTS

DWQ Case Number: LV-2006-0392
Assessed Party: Town of Ansonville
Permit No. (if applicable): NC0081825
County: Anson
Amount Assessed: $576.62
Please use thi
s form when requesting remission of this civil penalty. You must also complete the
"Reques
t For Remission, Waiver of Right to an Administrative Hearing, and Stipulation ofFacts"
form to requ
est remission of this civil penalty. You should attach any documents that you believefor
support your request and are necessary for the Director to consider in evaluating your the request
factors
Ppfive
remission. Please be aware that a request for remission is limited to of the civil penalty assessed.
listed below as they may relate to the reasonableness ofor the amount
the violation(s) occurred or
Requesting remission is not the proper procedure a ned in the contesting
penalty assessment document.
the accuracy of any of the factual statements cont
when
Pursuant
to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only to one or
more of the following five factors applies. Please check each factor that you believe
appliesaswhy the
your
case and provide a detailed explanation, including copies of supporting documents,
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. (b) civil were
wrongfully
pp applied to the detriment of the petitioner (the assessment factors are listed in the
penalty assessment document);
the violator promptly abated continuing environmental damage resulting from the
(b) violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
p p
(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:

COUNTY OF Anson
Town of Ansonville
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Ansonville WWTP
PERMIT NO. NC0081825
assessed civilpenalties totaling $576.62for violation(s) as set forth in the
Having been undersigned,
assessm
ent document of the Division of Water Quality dated October 9 200o , the administrative hearing
desiringto seek remission of the civil penalty, does hereby waive the right allegedin the assessment document.
in the above -stated matter and does stipulate that the a rtesent d in support of remission of this civil
The undersigned further understands that all evidencepa s of
penalty must be submi
tted to the director of the Division of Water Quality within thirty (30)1 dbeallowed
receipt oft the notice of assessment. No new evidence in support of a remission request w
after (30) days from the receipt of the notice of assessment.
day of , 20_____
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
This the
FILE NO. LV-2006-0392
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Ansonville
CASE NUMBER: LV-2006-0392
REGION: Fayetteville
FACILITY: Ansonville WWTP
VIOLATION TYPE
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