NC0081825_NOV and Intent to Assess_20000728

rtu._m AID;
S :c; ,AR;
K ERR T. STE IEN5
DIRE::,TOR
NORTHD R
V1R NME T AND ATUR.AL RasouR.
DIVISION OF WATEP.
FAYt..i T '. `t .., K.. tyA REGIONAL.
DIVISION OF WATER QUALITY
July 28, 2000
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 00-303
Anson County
Dear Mayor Estridge:
This letter transmits a Notice of Violation and assessment of civil penalty
in the amount of $2,072.19 ($2,000.00 civil penalty + $72.19 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 APRIL 2000. 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 APRIL 2000 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 teliris, conditions or requirements of NPDES Peliiiit
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
tell is, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a).
225 GREEN STREET, SUITE 714 / SYSTEL BLO. t=AYETTEVILLE, NORTH CAROLINA 23 3O1-5043
PHONE 91O-486-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 5O% RECYCLED/1Oia POST -CONSUMER PAPE: P.

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 Ansonville:
$ 1,000.00 For _L of the L 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 Tom.
$ 500.00 For of the 3 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 Tom:
$ 500.00 For 2 of the 2 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 peiiiiit
daily maximum effluent limits for Total Residual
Chlorine.
$ 2,000.00
$ 72.19
S 2,072.19
TOTAL CIVIL PENALTY, which is 1.33 percent of
the maximum penalty authorized by G.S. 143- 215.6A.
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in detetuiiining 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 hattn 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
P.O. Box 29535
Raleigh, North Carolina 27626-0535
QR
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 foiiu 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 infoiiiiation 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 forrii 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
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn, 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)
i
PL
Paul E. Rawls
Water Quality Regional Supervisor
Fayetteville Region
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

Parameter
TSS
ATTACHMENT
TOWN OF ANSONVILLE
FDESS PERMIT NUMBER NC0O818125
CASE III TMBFR LV 00-303
APR L 2000
Monthly AveraLie Limit Violations
Computed \Ta!ue
53.8*
Limit Units
30.0 MG/L
Weekly Average./wily Limit Violations
Parameter Renorted Value Limit Units
TSS 64.00 * 45.0 MG/r
TSS 96.00 * 45.0 NMG,/L
T S S 51.00 45.0 MG/L..
TOTAL RESD. CHLORINE 50.00 * 78:0 UG/L
TOTAL RESD. CEMORFNE 50.00 * 28.0 UUG!L:
* Values a.ssese d

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. NC0081825 ) STIPULATION OF FACTS
TOWN OF ANSONVILLE WWTP
FILE NO. LV 00-303
Having been assessed civil penalties totaling S2,072,19 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated July 28, 2000 , 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 , 2000.
By
ADDRESS
TELEPHONE

EFFLUENT
NPDES PERMIT NO: NC0081826 DISCHARGE NO1301 MONTH:APRIL YEAR2000
FACILITY NAME: TOWN OF ANSONVILLE WASTEWATER TREATMENT PLANT CLASS: li COUNTY: ANSON
OPERATOR IN RESPONSIBLE CHARGE: DANIEL WILSON GRADE:II PHONE: 7114,929.9404
CERTIFIED LABORATORY: PACE ANALYTICAL SERVICES INC.. HUNTERSVILLE, NC 29079 #12
CHECK BLOCK IF ORC HAS CHANGED: : : peRSON(S) COLLECTING SAMPLES: ORC AND BACKUP ORC
/
MAIL ORIGINAL AND ONE COPY TO:
ATTN: CENTRAL FILES x.
DIVISION OF ENVIRONMENTAL MANAGEM NT
DEHNR
POST OFFICE BOX 29535 BY
RALEIGH. NORTH CAROLIN.A 2762641535 ACCURATE
.. ,
1
.--- /-./1/ .-, ..,... _5:- /;,>1
7r .--.:-..,:,-/' ,='-'-,4i //L // t,,r(r
4:-,' --, - , -
, - ...
,ii,-);
SIGNATURE OF ORC '-i'i DATE
THIS SIG . I CERTIFY THAT TA -RE PoRT IS
ANrJCdMPLETE TO THE BEST OF MY KNOWLED
50050
00010 00400
00310
00530
31616 1
00300
00600
00666
50060
OPER
OPER
ORC
FLOW
BOD45
A
ARRV
TIME
ON
EFF X
20
F ii raof
TOTAL
TOTAL,
RHOS!
TOTAL
RES 0L2
T
TIME
SITE
_
SITE
INF
TEMP
pH
SU
TSS
Calif.
D. O.
NITRO
E
24,00 i
CLOCK I
HRS.
W14
MOD
C
SU
MGJL
MGIL
IIOOML
MG/L
PAWL
MG/L.
UGIL
•
N
0 05.-
4
N
0 052 !
3
700
3 tY
0.057 ,
4
700
3
0.004
10.7
C.6.20
2.0
4
2.0
0.40 1
0 42
6
700
3
Y
0.050
700
3
Y
0 055 1
103
9.51
7
700
3
Y
0.050
' 8
N
0. Ct,a
-1-
•
#0 730
3
0 C131
1
ii 700
3
Y
ID 046
17 5
6 31
_,..
64
At
t
30
12
700
3
Y
0.058
-.......,---,.
r
13
700
3
Y
0.052
18 1
6.32
10.0
SO
14
700
3
Y
0.067
...
15
1 N
0.067
16
P4
0.067
17
700
3
Y
0.095
18
700
t 3
Y
0050
16 2
6.77
150
9
1 0
10
19
700
3
Y
0.052
20
700
3
Y
0.057
17.1
.0.82
50
21
700
2
Y
0.055
22
N
0.055
0.055
24
700
Y
0.o52
,
25
700
3
Y
_
0 058
16.7
-
30
26
;TA)
3
1
0.057
77
700
3
Y
0 t*,52.
1E3 2
6 741
20
22
700
3
Y
0.056
' 29P4
0.0
30
N
0.0561
31
MONTHLY
AVERAGE
0.05i.4
17 2
: .
8.0
53.8
25
................-7,,,,,-7,47,
MONTHLY MAXIMUM
0 005
12 3
6 22
15 0
06.0
100
MONTHLY MINIMUM
0.046
16.20
6.20
2.00
4.30
1.0
i
COMP (C)/ GRAB (G)
G
C
C
GG
C
0
G
MON'THLY LIMIT
0.120
<CID>
30.0
30 1
200 0
(DAILY) 2.6
PAGE 1 OF 3
L-,

FACILITY STATUS: (PLEASE CHECK ONE OF THE FOLLOWING:
ALL MONITORING DATA AND SAMPLING FREOUENCIESS MEET PERMIT REQUIREMENTS COMPLIANT
ALL MONITORING DATA AND SAMPLING FREOUENCIES D0 NOT MEET PERMIT REQUIREMENTS NONCOMPLIANT I X
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.
P1 P DPP attachment- -
-
"I CERTIFY, UNDER PENALY OF LAW, THAT THIS DOCUMENT T AND ALL ATTACHLIENTS WERE PREPARED UNDER MY D!REC T "N
OR SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ASSURE THAT OUALIFIED PERSONNEL PROPERLY GATHE
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 i'r ERE ARE
SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINES AND INPRISONMENT'<
FOR KNOWING VIOLATIONS.
FOCI OFFICE E0X 31 ANSONViLLE IBC
Ptrrn1tte Address
Paran.4ta1 Codas
00010 - TEMPERATURE 00600 - TOTAL NITROGEN
00076 - TURBIDITY 00610 -AMMONIA NITROGEN
00080 - COLOR (Pt -Co) 00626 - TK N
00082 • COLOR (ADM) 00630 • NITRATE'NITRITE
00096 - CONDUCTIVITY 00666 - TOTAL PHOSPHORUS
00300 • DISSOLVED OXYCO072O • CYANIDE
00310 - 800-6
00'a40 • COD
00400 - pH
00530 - TS S
00646 - SETTLEARLES
01 - OIL & GREASE
00745 -TOTAL SULFIDE
00027 • TOTAL MAGNESIUM
00929 -TOTAL SODIUM
00940 • TOTAL CHLORIDE
01 - TOTAL FLUORIDE
01002 - TOTAL ARSENIC
,LO b1. E STR3DGE 1AYQ$.Of AN 0NVILLE.!'i; .
PE RMITE E (please print or type)
[phone]
Phonc E?:i?;tt",'t'r
01027
01032
0i034
01037
01042
01045
01061 -
01067
Gr
(Signatur0 of pormita*? (Twat
aiUNE 30, 2003
D -i ,y
Permit:111+ ih�f 2F t�ti.•'if �e
- CADMIUM (Cu)
- HEXAVALEPIT Cr
- CHROMIUM (Cr)
- TOTAt. COBALT
- COPPER (Cu)
•IRON
LEAD
NICKEL (NI)
31616
32730
34236
34421
38260
39513
50060
50060
- FECAL COLIFORM
-TOTAL PHENOLICS-
- BENZENE
• TO UL E N E
-BIAS
• PCBs
- FLOW
-TOTAL RES CL
01077 - SILVER (Ag) 71800 - FORIliALDEHYOF
01092 -ZINC ( ) 71900 •MERCURY pig)
04106 - ALUMINUM 84 .xvieNE
01147 -TOTAL SELENIU;I
P'arrseh* tar Coils arrirtonffr wary ifs isktilissil -cellisa ties Waetsr Q'.tity Cessislive raies #
.li
11)733-501t3 Ext.
Q
Ttis arss.11rl7 aysrags fair fscrt c.I;Fasra it Ls Its rsrsrls4 Bar GEOMETRIC MEAN- Ws naCji' au ;Lr 4"i41116at-a.4 rarea
ORC must Visit fatty arffi dent Vtsita do i of fat-6*y es r.gwr.d psi* 16A P4C AC P 2(b) (6)(6). .
.. $$gned by other than me perrnetee, askulation of signatory authority must be on fee tenth the state Per 15A NCAC (b1(2)wi ;
PAGE 2OF3

Pace Ana/y/ca1'
April 20, 2000
Mr. Daniel Wilson
Ansonville (City of)
P.O. Box 437
Ansonville, NC 28007
RE: Pace Project Number: 9713748
Client Project ID: Weekly Sampling
Lear Mr. Wilson
Enclosed ;you will find the results for the above referenced project. \\e :ere unable to
report a BOD result for the samples that were collected on 4/11/00 due to a laboratory
accident. The samples were received at the laboratory in good condition. The BOD
analysis was set up and read on the fifth days as the method requires. �A,Te. were unable to
read a result for the samples and all associated quality control samples due to an
improperly cleaned carboy which contaminated the samples and depleted all the oxy-gen.
Unfortunately, the Fecal Coliform sample that was collected en the sanoe day was
dropped in the laboratory causing breakage. Due to this laboratory accident, the Feca
Analysis could not be conducted and a replacement sample was subsequently collected
by you and reported under separate cover.
l\Te apologize for this accident and necessary measures have been take to avoid and
correct such accidents in the future. Please do not hesitate to c }nL _ _ 1,1 ho ild t, .
any questions. 1 can be reached at (704) 871-90 92,
Sincerely,
Krystal Clark
Project Manager
ralu
REPORT OF LABOR T
ANAL
,,r