NC0081825_Civil Penalty Assessment_20021120

A7A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
November 20, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Joe M. Estridge
The Mayor of The Town of Ansonville
P.O. Box 437
Ansonville, N.C. 28007
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of N.C. General Statute 143-215.1(a)(6)
and NPDES Permit NC0081825
Town of Ansonville Wastewater Treatment System
Case No. LV 02-584
Anson County
Dear Mayor Estridge:
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$313.35 ($250.00 civil penalty + $63.35 enforcement costs) against the Town of Ansonville.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Ansonville for the month of JUNE 2002. This
review has shown the subject facility to be in violation of the discharge limitation requirements found in
NPDES Permit NC0081825. The violations which occurred in JUNE 2002 are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Ansonville violated
the terms, conditions or requirements of NPDES Permit NC0081825 and N.C.G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. A civil penalty, in accordance with the maximums
established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms,
conditions or requirements of a pen -nit required by N.C.G.S. 143-215.1(a).
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]/FAX: [phone] \ Internet: \k, tip'\ -laie,nc.u:-; ::Nk{
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

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, Paul E. Rawls, Division of Water Quality Regional Supervisor for the
Fayetteville Region, hereby make the following civil penalty assessment against the Town of Ansonvile:
$ 00.00 For 0 of the 1 violations of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0081825, by discharging waste into
the waters of the State in violation of permit monthly
average effluent limits for BOD.
$ 250.00 For 1 of the 1 violations of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0081825, by discharging waste into the
waters of the State in violation of permit weekly average
effluent limits for BOD.
$ 250.00 TOTAL CIVIL PENALTY, which is the penalty authorized
by G.S. 143- 215.6A.
$ 63.35 Enforcement costs.
$ 313.35 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
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;
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.
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
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of
the statements contained in the assessment letter. 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and stipulation form
and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the

Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp
(not a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
Please be advised that any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty. If you have any questions about this civil penalty
assessment, please contact the Water Quality Section staff of the Fayetteville Regional Office at
[phone].
(Date)
ATTACHMENTS
Paul E. Rawls
Water Quality Regional Supervisor
Fayetteville Region
Division of Water Quality
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
TOWN OF ANSONVILLE
NPDES PERMIT NUMBER NC00818125
CASE NUMBER LV 02-584
JUNE 2002
Weekly Average/Daily Limit Violations
Parameter Reported Value
BOD 110.0*
BOD 34.85
*Values assessed
Limit
45
30
Units
M G/ L
MG/L

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ANSON )
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
PERMIT NO. NC0081825 )
ANSONVILLE WWTP )
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 02-584
Having been assessed civil penalties totaling $313.35 for violation(s)
as set forth in the assessment document of the Director of the Division of Water Quality dated
November 20, 2002 , the undersigned, desiring to seek remission of the civil penalties, 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 30 days of receipt of the notice of assessment. No new evidence in support of
a remission request will be allowed after the 30 days from the receipt of the notice of assessment.
This the day of , 2002.
By
ADDRESS
TELEPHONE

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Ansonville WWTP
County: Anson
Case Number: LV 02-584
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;
(X) not significant ( )moderately significant( ) significant( ) very significant ( )extremely significant
(X
2)The duration and gravity of the violation;
not significant ( )moderately significant( ) significant( ) very significant ( ) extremely significant
3)The effect on ground or surface water quantity or quality or on air quality;
(s`) not significant ( )moderately significant( ) significant( ) very significant ( ) extremely significant
4)The cost of rectifying the damage;
(X) not significant ( )moderately significant( ) significant( ) very significant ( ) extremely significant
5)The amount of money saved by noncompliance;
( ) not significant (,)moderately significant( ) significant( ) very significant ( ) extremely significant
6)Whether the violation was committed willfully or intentionally;
( X)not significant ( )moderately significant( ) significant( ) very significant ( ) extremely significant
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
(X) not s'lgrnlflcant ( ) moderately significant( ) significant( ) very significant ( ) extremely significant
8)The cost to the State of the enforcement procedures.
not significant moderately skint leant.significant(very sign21 leant extremely ,significant
O � o f ( ) � f� ( )
Date Paul E. Rawls
REMISSION FACTORS
( )Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner;
( )Whether the violator promptly abated continuing environmental damage resulting from the violation;
( )Whether the violation was inadvertent or a result of an accident;
( )Whether the violator had been assessed civil penalties for any previous violations; and
( )Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Date Alan W. Klimek

EFFLUENT
NPDES PERMIT NO: NC0081825 DISCHARGE NO:001 MONTH: June YEAR:2002 1
FACILITY NAME: TOWN OF ANSONVILLE WASTEWATER TREATMENT PLANT CLASS: 11 COUNTY: ANSON
OPERATOR IN RESPONSIBLE CHARGE: DANIEL WILSON GRADE:III PHONE: [phone]
CERTIFIED LABORATORY: PACE ANALYTICAL SERVICES INC., HUNTERSVILLE, NC 28078 #12
CHECK BLOCK IF ORC HAS CHANGED: : : PERSONS) COLLECTING SAMPLES: ORC AND BACKUP ORC
41
MAIL ORIGINAL AND ONE COPY TO: i
Attention: c =- , ;v/7
X�;` 7`
N.C.Division of Water Quality -- I
k
1617 Mail Service Center,. -- ,.=' Signature of ORC Date
Raleigh, NC 27699-1617 E
�r_ By this Signature, I certify that
�.x, ` accurate and complete to the
,
�' f57 k
this report is " d r,0
best of my knowledge. ,
50050
00010
00400
00310
00530
31616
00300
00600
00665
k
D
OPER
OPER
ORC
FLOW
BOD-6
A
ARRV
TIME
ON
EFF X
20
Fecal
TOTAL.
TOTAL
TOTAL
T
TIME
@SITE
SITE
INF
TEMP
pH
SU
TSS
Colif.
D. O.
NITRO
PHOS
RES CL2
E
2400
CLOCK
HRS.
Y/N
_
MGD
4
C
SU
MG/L
MG/L
/100ML
MG/L
MG/L
MG/L
UG/L
1
N
0.061
2
N
0.061
3
700
3
Y
0.061
4
700
3
Y
0.061
21.6
6.84
2.1
5
700
3
Y
0.054
6
700
3
Y
0.055
110.0
14
300.0
7
700
3
Y
0.074
20.1
6.86
3.1
8
N
0.055
9
`
N
0.055
10
700
3
Y
0.055
11
700
3
Y
0.060
21.8
7.14
3.1
12
700
3
Y
0.055
13
700
3
Y
0.059
21.8
6.78
20.0
8
120.0
3.0
14
700
3
Y
0.057
15
N
0.057
16
N
0.057
17
700
3
Y
0.057
18
700
3
Y
0.062
27.6
7.28
2.7
19
700
3
Y
0.056
20
700
3
Y
0.057
22.8
7.06
7.0
4
3.0
3.0
21
700
3
Y
0.063
22
N
0.053
23
N
0.053
r
24
700
3
Y
0.053
25
700
3
Y
0.056
24.1
6.96
4.5
26
700
3
Y
0.052
27
700
3
Y
0.066
24.4
6.82
2.4
2
260.0
1.2
28
700
3
Y
0.059
29
N
0.057
30
N
0.057
31
MONTHLY AVERAGE
0.058
23.0
34.9
6.9
72.8
MONTHLY MAXIMUM
0.074
27.6
7.28
110.0
14.0
300.0
MONTHLY MINIMUM
0.052
20.10
6.7$-
2.40
2.20
3.0
COMP(C)IGRAB(G)
G
G
C
C
G
_ G
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
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.
T\e e \ o; A nsony,1�Q s \.i vU T P ck m
CrLYr,S) olm Qii1n€ �v Y, iw\ cam Ca l s,? c� fYto,n-�,\.� �17 V t c 1a �i r,n
S 1NQS ra I]it» v mG.\ ►+(1c 1cn et`-1 t-0h\C-'V,
W(1S Y -c)(i‘YP by art SAC r - ,eia - anck-yytti,t.% )s occ yr-Vstic, fltly
"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 BEUEF, 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
Permitte Address
Parameter Codes
00010 - TEMPERATURE 00600 - TOTAL NITROGEN
00076 - TURBIDITY 00610 - AMMONIA NITROGEN
00080 - COLOR (Pt -Co) 00625 - TKN
00082 - COLOR (ADM) 00630 - NITRATE/NITRITE
00095 - CONDUCTIVITY 00665 - TOTAL PHOSPHORUS
00300 - DISSOLVED OXYG 00720 - CYANIDE
00310 - BOD-5 00745 - TOTAL SULFIDE
00340 - COD 00927 - TOTAL MAGNESIUM
00400 - pM 00929 - TOTAL SODIUM
00530 - TSS 00940 - TOTAL CHLORIDE
00545 - SETTLEABLES 00951 - TOTAL FLUORIDE
00556 - OIL & GREASE 01002 - TOTAL ARSENIC
JOE M. ESTRIDGE, MAYOR Of ANSONVILLE, NC.
PERMITEE (please print or type)
(Signature of Permitee)
[phone]
Phone Number
JUNE 30, 2003
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
ila /6 3
31616 - FECAL COUFORM
32730 - TOTAL PHENOLICS
34235 - BENZENE
34481 - TOULENE
38260 - BMAS
39516 - PCBs
50050 - FLOW
50060 - TOTAL RES CL2
71800 - FORMALDEHYDE
71900 - MERCURY (Hg)
81551 - XYLENE
Paresster Cele arsirtaacs ii? is ■4toiae4 bT cellists tits Wetter Q ulity Csmpli4ics Grasp +t (i111)733-5483 Ext. 581 ■r 534
Tie m.atbly seeress for face! caviller's it to ti: r:tortsi sr GEOMETRIC MEAN. Use slaty emit: Aerialrote1 is the r:parties fecility'r permit For retort
* ORC must visit facility and document visitation of facility as required per 15A C C llttf02((8).
*if signed by other than the permittee, delegation of signatory authority must be`br file with the state per 15A NCAC 28.O506(bX2XD).
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