NC0081825_Civil Penalty Assessment_20020708

ern
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
July 8, 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 02-250
Anson County
Dear Mayor Estridge:
William G. Ross, Jr., Secretary
Alan Klimek, Director
Division of Water Quality
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,825.21 ($1,750.00 civil penalty + $75.21 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 FEBRUARY 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 FEBRUARY 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 permit 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: www.enr.state.nc.us/ENR
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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:
1,000.00 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 monthly
average effluent limits for FECAL COLIFORM.
$ 750.00 For 3 of the 3 violations of G.S. 143-215.1(a)(6) and
NPDES Pen -nit No. NC0081825, by discharging waste into the
waters of the State in violation of permit weekly average
effluent limits for FECAL COLIFORM.
$ 1,750.00 TOTAL CIVIL PENALTY, which is the penalty authorized
by G.S. 143- 215.6A.
75.21 Enforcement costs.
$ 1,835.21 TOTAL AIVIOUNT 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 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;
(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
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

Parameter
FECAL COLIFORM
ATTACHMENT A
TOWN OF ANSONVILLE
NPDES PERMIT NUMBER NC00818125
CASE NUMBER LV 02-250
FEBRUARY 2002
Monthly Average Limit Violations
Computed Value Limit Units
415.1 * 200.0 #/ 100 ML
Weekly Average/Daily Limit Violations
Parameter Computed Value Limit Units
FECAL COLIFORM 600.0 * 400.0 #/100ML
FECAL COLIFORM 2500.0 * 400.0 #/100ML
FECAL COLIFORM 1100.0 * 400.0 #/100ML
* Values assesed

STATE OF NORTH CAROLINA
COUNTY OF ANSON )
IN THE MATTER OF ASSESSMENT)
OF CIVIL PENALTIES AGAINST )
PERMIT NO. NC0081825 )
TOWN OF ANSONVILLE WWTP )
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 02-250
Having been assessed civil penalties totaling $1,825.21 for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated July 8, 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
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