NC0081825_Civil Penalty Assessment_20050915

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Ansonville
County: Anson
Case Number: LV-2005-0323
jY
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;
2) The duration and gravity of the violation;
L3)
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;
L7), The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
46_�t:
Date
13.0 teD
Belinda S. Henson
Water Quality Regional Supervisor
Fayetteville Regional Office

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Joe M Estridge
Town of Ansonville
PO Box 437
Ansonville, NC 28007
SUBJECT:
Dear Mr. Estridge:
September 15, 2005
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-2005-0323
Anson County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $383.81
($312.50 civil penalty + $71.31 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 May 2005. 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 violation which occurred in
May 2005 is 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:
NO thCarolina
Naturally
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

$312.50
1 of the 1 violations of G.S. 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 limit for FECAL
COLIFORM.
$312.50 TOTAL CIVIL PENALTY
$71.31 Enforcement Costs
$383.81 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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
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 Quality 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 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" 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 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

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 noiiiial 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 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 Water Quality staff of the Fayetteville Regional
Office at 910-486-1541.
Sincerely,
1)&4140-1-:
Belinda S. Henson
Water Quality Regional Supervisor
Fayetteville Regional Office
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2005-0323
Assessed Party: Town of Ansonville
Permit No. (if applicable): NC0081825
County: Anson
Amount Assessed: $383.81
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"
foiiii 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 AND
STIPULATION OF FACTS
FILE NO. LV-2005-0323
Having been assessed civil penalties totaling $383.81 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated September 15, 2005, 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 Quality 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 Ansonville
CASE NUMBER: LV-2005-0323
REGION: Fayetteville
COUNTY: Anson
FACILITY: Ansonville WWTP
PERMIT: NC0081825
Limit Violations
CALCULATED % OVER
VIOLATION TYPE
W
-J
H
2
J
FREQUENCY
-J
Q a--
0
C9
Z
Fe CC
00
a
Z
0 IX
PENALTY
1,000.00 Weekly Geometric Mean Exceeded
O
O
O
O
E
O
0
O
O

T y'
NPDES PERMIT NO: NC0081825 DISCHARGE NO:001 MONTH:May YEAR:2005
FACILITY NAME: TOWN OF ANSONVILLE WASTEWA R TREATMENT PLANT CLASS: II COUNTY: ANSON
OPERATOR IN RESPONSIBLE CHARGE: DANIEL WI SON GRADE:Ill PHONE: [phone]
CERTIFIED LABORATORY: PACE ANALYTICAL S VICES INC., HUNTERSVILLE, NC 28078 #12
CHECK BLOCK IF ORC HAS CHANGED: : : PERSON(S) COLLECTING SAMPLES: ORC AND BACKUP ORC
MAIL ORIGINAL AND ONE COPY TO:
Attention:
N.C.Division of Water Quality X.
1617 Mail Service Center
Raleigh, NC 27699-1617
47 6'/I%
IC-,
Signature of ORC
By this Signature, I certify that this report
accurate and complete to the best of my knowledge.
Date
is
'50050
00010
00400
00310
00530
31616
00300
00600
01097
01092
00665
50060
D
OPER
OPER
ORC
FLOW
BOD-5
A
ARRV
TIME
ON
EFF X
20
Fecal
TOTAL
TOTAL
T
TIME
>:,SITE
SITE
INF
TEMP
pH
SU
TSS
Coif_
D. O,
NITRO
Sb
Zn
PHOS
TRC
E
2400
CLOCK
HRS.
YIN
MGD
C
SU
MG/L
MG/L
/100ML
MG/L
MG/L
MG/L
MG/L
MG/L
UG/L
1
N
0.062
_
_
2
700
Y
0.066
3
700
Y
0.063
17.5
7.01
2.1
<20
4
700
Y
0.072
5
700
24
Y
0.058
17.4
7.08
6.0
11
1.3
<20
6
700
Y
0.071
4400.0
7
N
0.071
,
8
N
0.071
9
700
Y
0.062
,
10
700
Y
0.085
19.1
6.99
3.0
_
<20
11
700
Y
0.067
12
700
24
Y A
0.137
20.1
7.04
5.0
10
1.0
3.3
<20
13
700
Y
0.081
14
N
0.081
.
15
N
0.081
16
700
Y
0.087
17
700
Y
0.056
19.7
7.08
1.0
<20
18
700
Y
0.070
19
700
24
Y
0.090
21.4
7.10
9.0
8
1.0
1.1
<20
20
700
Y
0.080
21
N
0.080
22
N
0.080
23
700
Y
0.063
24
700
Y
0.058
<20
25
700
Y
0.071
26
700
24
Y
0.074
19.4
6.92
,
2.0
3
1.0
2.1
<20
27
700
Y
0.070
.
28
N
0.070
29
N
0.070
30
700
Y
0.062
31
700
Y
0.062
20.2
6.75
2.0
<20
MONTHLY
AVERAGE
0.073
19.4
5.5
8.0
8.1
MONTHLY MAXIMUM
0.137
21.4
7.10
9.0
11.0
4400.0
MONTHLY MINIMUM
0.056
17.40
6.75
2.00
3.10
1.0
COMP (C) / GRAB (G)
G
G
C
C
G
G
C
C
C
C
G
MONTHLY LIMIT
0.120
<6/9>
30.0
30
200.0
(DAILY) 28
PAGE 1 OF 3

FACILITY STATUS: (PLEASE CHECK ONE OF THE FOLLOWING:
ALL MONITORING DATA AND SAMPLING FREQUENCIESS MEET PERMIT REQUIREMENTS COMPLIANT
ALL MONITORING DATA AND SAMPLING FREQUENCIES DO NOT MEET PERMIT REQUIREMENTS NONCOMPLIANT
f
IF THE FACILITY IS NONCOMPLIANT, PLEASE COMMENT ON CORRECTIVE ACTIONS BEING TAKEN IN RESPECT TO EQUIPMENT,
OPERATION, MAINTENANCE, ETC., AND A TIME TABLE FOR IMPROVEMENTS TO BE MADE. /
Feb- / 0/0 S po r tl e -77-) / �c, )i /- $/ z/ 5 — �6 �� j e l 9 kv-, ) (-6' 50 /ate / f f C /
Z1( c/ r� j r etc{�-� / /� l a hj V/✓; 1 7 t� re ti //c/ii�z �Py�Y"nC J; ii tioj r
Y" i if�t'. ( c' it -� / - f 0 4,5 . � � i 7 �i G;, v� 'i (t' �;../ .7 5 1 e C I ei f rj •
CI'z v% yk,cjr /c.le c / �' v- i �.: H�_. ;-�.,:� r=� ;., e-, ,�,�:- ri I �-f- f�.-�zc
E r :? j "rest I„ lle k!
"I CERTIFY, UNDER PENALY 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 MANAGE 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 INPRISONMENT"
FOR KNOWING VIOLATIONS.
POST OFFICE BOX 437 ANSONVILLE NC
Penmitte Address
00010 - TEMPERATURE
00076 - TURBIDITY
00080 - COLOR (Pt -Co)
00082 - COLOR (ADM)
00095 - CONDUCTIVITY
Parameter Codes
00600 - TOTAL NITROGEN
00610 - AMMONIA NITROGEN
00625 - TKN
00630 - NITRATE/NITRITE
00665 - TOTAL PHOSPHORUS
00300 - DISSOLVED OXYG 00720 - CYANIDE
00310 - BOD-5
00340 - COD
00400 - pH
00530 - TSS
00545 - SETTLEABLES
00556 - OIL & GREASE
00745 - TOTAL SULFIDE
00927 - TOTAL MAGNESIUM
00929 - TOTAL SODIUM
00940 - TOTAL CHLORIDE
00951 - TOTAL FLUORIDE
01002 - TOTAL ARSENIC
JOE M. ESTRIDGE, MAYOR OF ANSONVILLE, NC.
PERMITEE (please print or type)
(Signature of Permitee (Date)
[phone] JUNE 30, 2008
Phone Number Permit Expiration Date
01027 - CADMIUM (Cd)
01032 - HEXAVALENT Cr
01034 - CHROMIUM (Cr)
01037 - TOTAL COBALT
01042 - COPPER (Cu)
01045 - IRON
01051 - LEAD
01067 - NICKEL (Ni)
01077 - SILVER (Ag)
01092 - ZINC (Zn)
01105 - ALUMINUM
01147 - TOTAL SELENIUM
31616 - FECAL COLIFORM
32730 - TOTAL PHENOLICS
34235 - BENZENE
34481 - TOULENE
38260 - BMAS
39616 - PCBs
50050 - FLOW
50060 - TOTAL RES CL2
71800 - FORMALDEHYDE
71900 - MERCURY (Hg)
81551 - XYLENE
Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at [phone] Ext. 547 or 534
The monthly average for fecal coliform is to be reported as GEOMETRIC MEAN. Use only units designated in the reporting facility's permit for reporting data.
C j I r
4. it
* ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b) (5)(8).
**if signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 28 .0506(bX2X0).
PAGE 2 OF 3