NC0081825_Civil Penalty Assessment_20000908

JA_M : B. i-juNry !; .
,
NORTH CAROLINA. DEPARTM'M :. ;7:
ENVIRONMENT AND NATURAL REsouRCE
DIVISION
+i/�V I �S l O N OF WATER t' €..i ::�.„5 :.
7F A�1 E—.o ! 1 E Y I L L E REGIONAL O f x-i
DIVISION OF WATER QUALITY
September 8, 2000
CERTIFIED MA
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 Peiiiiit NC0081825
Town of Ansonville Wastewater Treatment System
Case No. LV 00-374
Anson County
Dear Mayor Estridge:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $3,072.19 ($3,000.00 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 MAY
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 MAY 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 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 permit required by N.C.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 Depaitiiient 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:
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE. NORTH CAROLINA 28.301-504:3
PHONE U1O-486-1541 FAX 91 O-c"1c -,.070
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I0% POST-CoN ;UNI,2 t :''•\

$ 1,000.00 For j of the 1_ violations of G.S. 143-215.1(a)(6) and NPDES
Peiiiiit No. NC0081825, by discharging waste into the waters of
the State in violation of permit monthly average effluent limits for
BOD.
$ 750.00 For 3 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
BOD.
$ 500.00 For of the 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 maximum effluent limits
for Fecal Coliform.
$ 750.00 For 3 of the 4 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 daily maximum effluent limits for
Total Residual Chlorine.
$ 3,000.00
$ 72.19
$ 3,072.19
TOTAL CIVIL PENALTY, which is 1.20 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 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 halm 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 Depaitnient 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 infoiiiiation to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
QB
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 McLawhorn, General Counsel
Depaitiiient 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
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Paul E. Rawls
Water Quality Regional Supervisor
Fayetteville Region
Division of Water Quality

Parameter
BOD
ATTACHMENT A
TOWN OF ANSONVILLE
NPDES PERMIT NUMBER NC00818125
CASE NUMBER LV 00-374
MAY 2000
Monthly Average Limit Violations
Computed Value Limit Units
49.8 * 30.0 MG/L
Week y Average/Daily Limit Violations
Parameter Reported Value Limit Units
BOD 80.00 * 45.0 MG/L
BOD 57.00 * 45.0 MG/L
BOD 100.00 * 45.0 MG/L
FECAL COLIFORM 600.00 * 400.0 #/100ML
FECAL COLIFORM 5500.00 * 400.0 #/100ML
TOTAL RESD. CHLORINE 55.00 * 28.0 UG/L
TOTAL RESD. CHLORINE 33.00 28.0 UG/L
TOTAL RESD. CHLORINE 35.00 * 28.0 UG/L
TOTAL RESD. CHLORINE 45.00 * 28.0 UG/L
* Values assesed

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 00-374
Having been assessed civil penalties totaling S3,072.19 for
violation(s) as set forth in the assessment document of the Director of the Division of Water
Quality dated September 8, 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

, 1 JUN 2 8 UUU
EFFLUENT
NPDES PERMIT NO: NC0081B25 DISCHARGE NO:001 MONTH: MAY YEAR:2000
FACILITY NAME: TOWN OF ANSONVILLE WASTEWATER TREATMENT PLANT CLASS: II COUNTY: ANSON
OPERATOR IN RESPONSIBLE CHARGE: DANIEL WILSON GRADE:II PHONE: 7IUSZ6.8dD4 .,..,,
CERTIFIED LABORATORY: PACE ANALYTICAL SERVICES INC., HUNTERSVILLE, NC2807B #12
CHECK BLOCK IF ORC HAS CHANGED: : : PERSON(S) COLLECTING SAMPLES: ORC AND BACKUP ORC
J AIL ORIGINAL AND ONE COPY TO: /
11
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Signature of ORC
By this Sig ire. I certify that this report
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accurate and complete to the best of
Date
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my knowledge.
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TEMP
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MG/L
MGJt.
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MIGIL
MGIL
MG/L
UG/L
700
3
Y
0.054
2
700
3
Y
0.055
17.2
6.30
80.0
43
2.0
20
3
700
3
Y
0. 06?
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700
3
Y
0.053
16.3
6.52
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10
5
700
3
Y
0.057
N
0.067
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N
0.067
8
700
3
Y
0.053
1
20
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700
3
Y
0.035
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16
700
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11
700
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12
700
N
0.054
N
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Y
0.049
700
Y
0066
198
713
1000
35
9.0
55
700
Y
0.046
700
Y
0.055
19,1
7 26
f
33
Tin?
Y
0.053
20
N
0.053
_
1
21
N
0.053
22
700
3
Y
0.056
.
35
700
0.056
21.6
6.64
6.0
24
800.0
7
700
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0.056
700
0.056
21.5
6.62
45
700
0.052
0.052
Ze
0.052
29
700
0.047
30
700 3 Y
0.050
20-4
6 84
5 3
2
5500.0
31
700
0.047
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MI
MONTHLY
AVERAGE
1t
•
Jos ;
100 0
!
43.0
•
5600.0
MONTHLY MAXIMUM
0.070
21.6
7.66
MONTHLY MINIMUM
0.035
115.30
5.30
5.30
2.00
2.0
COMP (t 1 GRAB (G)
G
G
C
C
G
G
C
C
G
MONTHLY LIMIT
0.120
<8/9>
30.0
30
200.0
Lr) 28
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