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Home My WebLink AboutNC0081825_Civil Penalty Assessment_20000929• JAN1T_.e 9. HUNT N C.' R. BILL HOLM. N 5EcRE T ARY KERR T. STEVENS DIRECTOR NORTH CAROLINA DEP' RTa t NT O F ENVIRONMENT AND NATURAL of a''.; m September 29, 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 DIVISION OF WATER QUA IT', FAYETTEVILLE REG OVAL ty>� 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 00-406 Anson County Dear Mayor Estridge: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,322.19 ($2,250.00 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 JUNE 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 JUNE 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 teiiiis, conditions or requirements of a permit required byN.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 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: 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAyETTEviLLE, NORTH CAROLINA. 283oI-_i0,13 PHONl- 910-486-1S41 FAX 910-48:6-r:10:' AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECi'CLED/10% POST -CONSUME? $ 1,000.00 For J of the 1violations 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 BOD. $ 250.00 For j 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 weekly average effluent limits for BOD, $ 0.00 For 0 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 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. $ 0.00 For 0 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 penult monthly average effluent limits for TSB. $ 0.00 For 0 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 peiruit weekly average effluent limits for TSS $ 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 daily maximum effluent limits for Total Residual Chlorine. $ 2,250.00 TOTAL CIVIL PENALTY, which is DAL percent of the maximum penalty authorized by G.S. 143- 215.6A. $ 72.19 Enforcement costs. $ 2,322.19 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 harm 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 Depaitiuent 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 9B 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 confoiiii 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 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 (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 Region Division of Water Quality ATTACHMENT A TOWN OF ANSONVILLE NPDES PERMIT NUMBER NC00818125 CASE NUMBER LV 00-406 JUNE 2000 Parameter BOD TSS FECAL COLIFORM Parameter Month y Average Limit Violations Computed Value 67.3 * 35.3 219.1 Limit 30.0 30.0 200.0 Weekly Average/Daily Limit Violations BOD TSS TSS FECAL COLIFORM FECAL COLIFORM TOTAL RESD. CHLORINE TOTAL RESD. CHLORINE * Values assesed Reported Value 150.0 * 48.0 46.0 >6000.0 * >6000.0 * 170.0 * 90.0 * Limit 45.0 45.0 45.0 400.0 400.0 28.0 28.0 Units MG/L MG/L #/100ML Units MG/L MG/L MG/L #/100ML #/100ML UG/L UG/L 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 00-406 Having been assessed civil penalties totaling S2,322.19 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated September 29, 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 .. _ . WPDES PERM T NO: NO3081825 DISCHARGE NQ:001 MONTH: JUNE YEAR:2000 FACILITY NAME: TOWN OF ANSONVILLE WASTEWATER TREATMENT PLANT CLASS: II COUNTY: ANSON OPERATOR IN RESPONSIBLE CHARGE: DANIEL WILSON GRADE:II PHONE: 704.828.8404 CERTIFIED LABORATORY: PACE ANALYTICAL SERVICES INC., HUNTERSVILLE, NC28078 #12 CHECK BLOCK IF ORC HAS CHANGED: : : PE iSON(S) COLLECTING SAMPLES: ORC AND BACKUP ORC — MAIL ORIGINAL AND ONE COPY TO: Attention: .� - - ,- _ �., N.C.Diirhlan of Water t#uttlit3e X. 1617 Mali S.rvica Canter Signature of ORC Date Raleigh, !NC 27 s6R9-1617 —° { 1 ff."'. a, .l cia....A-s ! nsriiAi #4,.f .b.3� .- ...,.4 L. I k' ate Ii Lrarnplete to the best of Eny know tie. 50050 00010 1 00400 00310 00530 31616 00300 00600 00665 50060 D OPER 1 OPER ORC FLOW B006 1 A ARRV 1 TIME ON EFF X 2a Foczi TOTA , TOTAL 'TOTAL , T� TIME @SITE SITE INF TEMP f pH SU TSS Calif. 0_ O. NITRO PROS RES CL2 j E ( 2400 4 .-.ter ICLOCK HRS. YIN MGD C 1 SU IvMW t. NIG L i100ML MGJL MG•1. MG/L UGIL i 1 i ) ? ' 0.0 1 '2 ,I El 8'L ,. j ! I 3 i N Q 052 F ! 1 I r 4 i 4 ` 6. 700 ; 3 Y 0_ 102 , .`.-- ..�. #i g lei ! 3 Y fi CY 0 ''�; '7 s 1 t 0�V _ -_pF-;.0 8 =� 3 7 'r' 0.0 _ t , `. _' _' `-. 1 9 i 0C. -i , 0 046 i' 1 i11 1 0041 1: 1 D, 3 :1. 300 "Y... ... 13 7 0 3 d Y 0 055 . 2:� ` I ,, I - ,;, - , 14 700 3 } 0 055 1 I I 1' 700 3 0.052 20.2 1 i 14 , a 1 16 7C1 ? 3 Y 0.01 � ` _ F,, I i Z I i8 N 0 C151 ---1 I 13 j 00 ! 3 1 '( 0. 053 k I 20 700 j 3 Y 0.' EO, 24 2 �0 a,' ., 40 Wi ;ram, .. 21 700 ; 3 Y 0.043 22 71X) 1 3 1 0.06? 24.r i 6 •-,t. ; 1 23 700} 24 f•I 0.05 t f 25 N 0 C.63 28 700 ! 7 Y 0.058 y i 27 700 1 3 Y i 0.040 I '24 I 5 53 42 . i 28 84,0 i 170 25 700 3 Y 0.088 I ' E 29 700 3 Y 0.071 24 4 ; 7.219 1 I J1J 30 700 3 Y 0 058 f I 31 s i _ f M s ! MONTHLYAVERAGE 3.056 22 7 {� 67,3 35.3 21g.1 MONTHLY ONTHLY MAXIMUM 0.102 2.4.5 i 7,31 1.5D 0 4 .0 60u ,0 -'- ---- ( .. f 7 MONTHLY MINIMUM 0.045 20.10 1 6.20 36.00 1 21.00 1.0 r `0 COMP (t) / GRAI3 (G) G 1 G C 1- C G r (3 0 1 C G MONTHLY LIMIT 0 120 . �ST. 30 0 , 30 200 0 S ( OAI Y) 20 FACILITY STATUS: (PLEASE CHECK ONE OF THE FOLLOWING: ALL MONITORING DATA AND SAMPLING FREOUENCIESS MEET PERMIT REQUIREMENTS COMPLIANT ALL MONITORING DATA AND SAMPLING FREOUENCJES DO NOT MEET PERfJIT REOUIREME 4TS NONCONIPLIANT X IF THE FACILITY IS NONCOMPLIANT, PLEASE COMMENT ON CORRECTIVE ACTIONS BEING TAKEN IN RESPECT TO EQUIPMENT, OPERATION, MAINTENANCE, ETC., AND ATIME TABLE FOR IMPROVEMENTS TO BE MADE, _ The Town of Ansonville WWTP had multiple violations, BOD, TSS, and fecal, Ong the month of June. These problems all resulted trom a milky substance enterin the plant and oar inability to remove it. This problem has been per�s..'9ent for -several months. The Town as been expecting a person from NCDENR to come about a pretreatment program r one of our local_ industries. We would appreciate any help with this matter. 1 CERTIFY, UNDER PENALY OF LAW, THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED UNDER MY DIRE CT10,% OR SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHES 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 SUBMIT ED IS,TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION. INCLUDING THE POSSIBILITY OF FINES AND INPR1 OAtiME UT • FOR KNOWING VIOLATIONS. POST OFPICE_EANSONViLLE NC 1 IESTSIZGE.lA R_QEARS "" IL' w PERMITEE (ple3se print or t'arpe) (704) 826 8587 [ ermitte Atldres✓ Phone Ntirnber Parameter Coda. 00010 . TEMPERATURE 00600 -TOTAL NITROGEN 00076 - TURBIDITY 00610 - AMMONIA NITROGEN 00080 - COLOR (Pt -Co) 30625 - TKN 00082 - COLOR (ADM) 00630 - NITRATE/NITRITE 00095 • CONDUCTIVITY 00666 -TOTAL PHOSPHORUS 00300 - DISSOLVED OXYC00720 - CYANIDE 00310 - BOD-6 00343 - COD 00400 - pH 00530 - TSS 00545 - SETTLEABLES 00656 - OIL & GREASE 00746 - TOTAL SULFIDE 00 7 - TOTAL MAGNESIUM 00920 . TOTAL SODIUM 00940 -TOTAL CHLORIDE 00951 -TOTAL FLUORIDE 01002 - TOTAL ARSENIC (Sit tt3 I:re of Fermi E� l i 30, 2003 Fermit Expiration Dat- 01027 - CADMIUM (Cu') 31616 - FECAL C'E_ 01032 - HEXAVALENT Cr 01034 - CHROMIUM (Cr) 01037 -TOTAL COBALT 01042 COPPER (Cw 01045 -IRON 01051 -LEAD 01067 -NICKEL (NI) 01077 . slLVfaR (Ag) 01092 -ZINC gn) 01105 -ALUMINUM 01147 -TOTAL SELENIUM 32730 -TOTAL rPHENN' 34235 - BENZENE 34481 - TOULENE 38260 - BMAS 39516 - PCBs 60060 - FLOW 60060 - TOTAL RE 3 CI. 71840 - FORMALDEF4YD& 71900 - MERCURY (H) 81551 - XYLENE Paraaahftar Oasd. srrirtaa.eo. may le* slot-.ias the W.tser aselity Cetespliaerst Grasp at 01$)73)-50S' Tka, aatsn,thly ovorais far F*col .eaalifarwi, it Rae I r& aerti,3 sr GEOMETRIC MEAN. Ur• ■nlg aserits tr • ORC must visa facility and doc.airrvent visit atton o4 fac##y as required per 16A NC AC RA-0202(b) (6)(0). •ti signed by other than the porrnrttea, da4eg t!or o sic;- to!y awhority nut be on file with the ;tata per 15A NC AC 28 .0: {tsj(2)(D . PAGE 2OF3