Loading...
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