HomeMy WebLinkAboutNC0081825_Data Monitoring Reports_20020626AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
June 26, 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 02-165
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
$1,575.21 ($1,5.00.00 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 DECEMBER 2001. 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 DECEMBER 2001 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: 910-486-1541/FAX: 910-486-0707 \ Internet: www.enr.state.nc.usiENR
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:
$ 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.
$ 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 permit weekly
average effluent limits for FECAL COLIFORM.
$ 1,500.00 TOTAL CIVIL PENALTY, which is the penalty
authorized by G.S. 143- 215.6A.
$ 75.21 Enforcement costs.
$ 1,575.21 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 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 Generals 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 (910) 486-1541.
(Date)
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Paul E. Rawls
Water Quality Regional Supervisor
Fayetteville Regional Office
Division of Water Quality
ATTACHMENT A
TOWN OF ANSONVILLE
NPDES PERMIT NUMBER NC00818125
CASE NUMBER LV 02-165
DECEMBER 2001
Monthly Average Limit Violations
Parameter Computed Value Limit Units
FECAL COLIFORM 568.3 * 200.0 #/100ML
Weekly Average/Daily Limit Violations
Parameter Reported Value Limit Units
FECAL COLIFORM 3700.0 * 400.0 #/100ML
FECAL COLIFORM 9400.0 * 400.0 #/100ML
* Values assesed
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 )
TOWN OF ANSONVILLE WWTP )
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 02-165
Having been assessed civil penalties totaling $1,575.21 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated June 26, 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
EFFLUENT
NPDES PERMIT NO: NC0081825 DISCHARGE NO:001 MONTH:December YEAR:2001
FACILITY NAME: TOWN OF ANSONVILLE WASTEWATER TREATMENT PLANT CLASS: II COUNTY: ANSON
OPERATOR IN RESPONSIBLE CHARGE: DANIEL WILSON GRADE:II PHONE: 704-826-8404
CERTIFIED LABORATORY: PACE ANALYTICAL SERVICES INC., HUNTERSVILLE, NC 28078 #12
CHECK BLOCK IF ORC HAS CHANGED: : . PERSONS) COLLECTING SAMPLES: ORC AND BACKUP ORC
MAIL ORIGINAL AND ONE COPY TO: !
Attention: C�"� j,-�.../,�� ,� / / / 1//,, '7
X ice' ! c--,,.
N.C.Division of Water Quality
1617 Mail Service Center Signature of ORC Date
Raleigh, NC 27699-1617
By this Sig tur certify that
accurate an piete to the
'- "`�
this report is
best of my know) =
13
4
•�.
;
50050
00010
00400
00310
00530
31616
00300
00600
00665
50060
D
OPER
OPER
ORC
FLOW
BOD-6
A
ARRV
TIME
ON
EFF X
20
Fecal
TOTAL
TOTAL
TOTAL
T
TIME
a@DSITE
SITE
INF
TEMP
pH
SU
TSS
Colif.
D. O.
NITRO
PHOS
RES CL2
E
2400
.
CLOCK
HRS.
YIN
MGD
C
SU
MG/L
MGIL
/100ML
MGIL
MGIL
MG/L
UG/L
1
N
0.054
2
N
0.054
3
700
3
Y
0.059
4
700
3
Y
0.052
16.9
6.61
4.0
5
700
3
Y
0.054
6
700
3
Y
0.054
17.1
6.41
2.3
<2
120.0
4.1
7
700
3
Y
0.054
8
N
0.054
9
N
0.054
10
700
3
Y
0.071
11
700
3
Y
0.070
15.6
6.89
4.0
12
700
3
Y
0.058
13
700
3
Y
0.051
15.8
6.74
5.0
<2
3700.0
3.8
14
700
3
Y
0.053
15
N
i
0.053
.
16
N
0.053
1
17
700
3
Y
0.068
18
700
3
Y
0.051
16.3
6.79
`
3.3
19
700
3
Y
0.039
20
700
3
Y
0.056
17.4
6.57
5.3
4
9400.0
3.1
21
700
3
Y
0.050
22
N
0.050
23
N
0.050
24
700
3
Y
0.057
25
H
H
H
H
H
H
H
H
H
H
H
H
H
26
700
3
Y
0.045
27
700
3
Y
0.049
16.8
6.88
see letter_
<2.2
25.0
3.1
28
700
3
Y
0.035
Y9
N
0.035
30
N
0.035
31
700
3
Y
0.071
'
MONTHLY
AVERAGE
0.053
16.6
4.2
4.0
568.3
MONTHLY MAXIMUM
0.071
17.4
6.89
5.3
4.0
9400.0
MONTHLY MINIMUM
0.035
15.60
6.41
2.30
4.00
25.0
COMP (C) / GRAB (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 FACIUTY 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,
rt ;� ,;,1\. t t fa.L �a !tr.t �( ��'►1 1t1C•,� �''r cik` L 1)(('-'10L z} `)--)20)
70k, \`? t?r'L,_v (• Y'.`}tCl w) )-1-o(-_)17,,i 1 F's. t4. }S:,L.'ii'tC1 i`i` h ejl-, ( PiC
"IL'\z �� ��a h\. ti
•
•
', LL t1 r-n < <S , �< -(--.+ r e ( t} t C v;. c' i t
"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. 1 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
JOE M. ESTRIDGE. MAYOR OF ANSONVILLE, NC.
PERMITEE (please print or type)
gzi
(Signature of Permitee)
(704) 826 8667
Permitte Address Phone Number
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 - pH 00929 - TOTAL SODIUM
00530 - TSS 00940 - TOTAL CHLORIDE
00545 - SETTLEABLES 00951 - TOTAL FLUORIDE
00556 - OIL & GREASE 01002 - TOTAL ARSENIC
(Dat
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)
01106 - ALUMINUM
01147 - TOTAL SELENIUM
31616
32730
34235
34481
38260
39516
50050
50060
71800 -
71900 -
81551 -
- FECAL COLIFORM
- TOTAL PHENOLICS
-BENZENE
- TOULENE
- BMAS
- PCBs
- FLOW
- TOTAL RES CL2
FORMALDEHYDE
MERCURY (Hg)
XYLENE
P raesuatar Coda.arrirtawca may 4a obtained 4y coins.% tiia 1tatar eeality Coaipliasca Grump at (1 e)733-5,#3 Ext. 5#1 er 534
T6a a►entIly avaraga for focal conform it to ba raperta4 ar GEOMETRIC MEAN. Ura only unitr dorm■+tad in t6a rapartiaw Facility's parorit far spurt
* ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b) (5X8).
*lf signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506(bX2)(D).
PAGE 2 OF 3