The URL can be used to link to this page

Home My WebLink AboutNC0023353_Civil Penalty Assessment_20030102AVA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor January 2, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable H. Goldston Womble, Jr. The Mayor of The Town White Lake P.O. Box 7250 White Lake, N.C. 28337 William G. Ross, Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NC0023353 Town of White Lake Wastewater Treatment System Case No. LV 02-699 Bladen County Dear Mayor Womble: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $313.25 ($250.00 civil penalty + $63.35 enforcement costs) against the Town of White lake. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of White Lake for the month of AUGUST 2002. This review has shown the subject facility to be in violation of the discharge limitation requirements found in NPDES Permit NC0023353. The violations which occurred in AUGUST 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 White Lake violated the terms, conditions or requirements of NPDES Permit NC0023353 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 accessed 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 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 White Lake: Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541/FAX: 910-486-0707 \ Internet: \\ \,, . »1. state.nc us kNR An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper $ 250.00 For 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0023353, by discharging waste into the waters of the State in violation of permit weekly average effluent limits for FECAL COLIFORM. $ 250.00 TOTAL CIVIL PENALTY, which is the penalty authorized by G.S. 143- 215.6A. $ 63.35 Enforcement costs. $ 313.35 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 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 (910) 486-1541. (Date) Paul E. Rawls Water Quality Regional Supervisor Fayetteville Region Division of Water Quality ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ATTACHMENT A TOWN OF WHITE LAKE NPDES PERMIT NUMBER NC0023353 CASE NUMBER LV 02-699 AUGUST 2002 Weekly Average Limit Violations Parameter Reported Value Limit Units FECAL COLIFORM 2900.0 * 400.0 #/ 100M L * Values assessed STATE OF NORTH CAROLINA COUNTY OF BLADEN ) IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) PERMIT NO. NC0023353 TOWN OF WHITE LAKE WWTP ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02-699 Having been assessed civil penalties totaling $313.35 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated January 2, 2003, 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 DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Town of White Lake WWTP County: Bladen Case Number: LV 02-699 ASSESSMENT FACTORS I) 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; (X) not significant ( ) moderately significant ( ) significant ( ) very significant ( )extremely significant 2) The duration and gravity of the violation; (X) not significant ( ) moderately Significant ) significant ) very .vlgnl Kant extremely .significant 3) The effect on ground or surface water quantity or quality or on air quality; ni t signi leant moderately .vignl recant significant ( ) very significant ( ) extremely significant 4) The/cost of rectifying the damage; not significant moderately significant ( ) ,significant very .significant extremely significant 5) The amount of money saved by noncompliance; ( ) not significant ( moderately significant ( ) significant ( ) very significant ( ) extremely significant 6) Whether the violation was committed willfully or intentionally; (, ) not significant ( ) moderately significant ( ),significant ( ) very significant ( ) extremely significant 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 (X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 8) The/cost to the State of the enforcement procedures. Y'' not significant moderately si<rni leant si<>iii i' ante. veil significant extremely ,significant (' )( ) f (` , t ( )( ) 5 J r, Date Paul E. Rawls REMISSION FACTORS Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Whether the violator promptly abated continuing environmental damage resulting from the violation; Whether the violation was inadvertent or a result of an accident; Whether the violator had been assessed civil penalties for any previous violations; and Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Alan E. Klimek NPDES Permit No. / 6' ( r) iscl Facility Name U (4,.- L„ 441- r .� Operator in Responsible Charge (ORC) ;7/ Certified Laboratories (1) :. CHECK BOX IF ORC HAS CHANGED ❑ Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES D IV. OF WATER QUALITY DENR 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 EFFLUENT rge No. (- 1 Mon --Ake C1 ss -'2_ Azv t d_ Grade (2) c, County ./ x()j / C �.. Phone 2/� ‘) Year a 0f Person(s) Collecting Samples ("IGNATURE OF OPER o ' IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND THE BEST OF MY KNOWLEDGE. En IOperator Arrival Time: 2400 Clock 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 FLOW Residual Chlorine U Ammonia ' Nitrogen as N Total Suspended Solids Total Phosphorus Code above, name an units below w EFF a) L' - co Fecal Colifc (geometric m Dissolvec Oxygen Total Nitro (TKN + NO2 + 0 u t .� Operator INF ■ 07 z N El), al Y/N MGD °C UNITS ❑ µg/L mg/Lmg/L g/ mg/L #/100 ml mg/L mg/L mg/L It, L Y . 3 S o 2�s: 6 6,.6 2 7 LI if 19 0` L. 4, ,, 5 y :3 'C° _29 - 3 '- .Y2,� 4 !t` _` 2,0 6A0 . r S" . 2 `7 0 7,)7( ,is" 1/4( , U 8 - ii - : L0 Pt V 6.7 _�/ tJ.yo 37 / - 3 10 A." . 3 5 v 11 �-36,e 12 cS =2y .21 >v 6 o' 7 13070.°,r- ..3 3o 1 4, '5,,,„ j t9 y r 300 1 ,is , =�, i y - 0 c- 2) (0-5- . Z_ 2 / 9: '7 /r� J2. S. , 62 S 11 ).),_j5 v . •\ `f 0, 17 ,"..--,k-tt„-c 18 r\-- . y6u /. 25 / 20o`rk; ./ s , , 3 KG 21 .0,E-is" y .- ye 22, , , VS- / . 3 2- 2- 7, 3 7 l / S 5'. 6 _3 J 5 fir, 230 330. f 5 kid, 24 3 3 `. 25 ,A— _ cf r3 2c „Z s tj . 5 1 v ( 5� 27c �, ,,/S +i( �) Yc �� 28' 0(- ,i ti , Z. 36 /G c� 29M°,2C y.'Ltz075iGs 7.t , / t3 1�f.gv )Z 4-30 C.3 - 30e; ,. r , "3 �5 c= -€' S� 31 A.., . 3 7 o 1 S AVERAGE 3 4, o 2 6 ijt , / ! a L i 2,-) 1 J cl t.( (12.09 9-1 MAXIMUM , sl 6 0 2. 6 7. ( . 3 z 1 f c/ . S 7 1c> 9 6. . „ MINIMUM , 2, 3 C 'Z v. ( (, . 3 , / i 3 7• b) / L / 5� 6 Comp. �� / Grab l Monthly Limit 17WO Form MR_I , �e..> 0 % ,. t 'L 1 aC'�f (Revised 7/2000) Facility Status - please check one of the following: All monitoring data and sampling frequencies meet permit requirements Monitoring data and/or sampling frequencies do NOT meet permit requirements Compliant Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., providing a time table for completion of improvements. feCA I CC-= /,. _ ,r- (73 g . 2- ) /.j "I certify, under penalty 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 inquire 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. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." H. Goldston Womble, Jr., Mayor Town of White Lake Permittee (Please print or type) 1879 White Lake Dr. Permittee Address PMB 7250, White Lake, NC •gnatCue o Permittee 28337 910-862-4800 Phone Number 09/19/02 Date 01/31/07 Permit Expiration Date 00010 Temperature 00300 Dissolved Oxygen 00545 Settleable Matter 00630 Nitrates/Nitrites 00929 Total Sodium 01032 Hexavalent Chromi 01051 Lead 01147 Selenium 38260 MBAS 71900 Mercury 00076 Turbidity 00310 BODS 00556 Oil & Grease 00665 Total Phosphorus 00940 Total Chloride 01034 Chromium 01067 Nickel 31616 Fecal Coliform ...... ... 39516 PCBs 81551 Xylene PARAMETER CODES 00080 Color (Pt -Co) 00340 COD 00600 Total Nitrogen 00720 Cyanide 00951 Total Fluoride 01037 Total Cobalt 01077 Silver 32730 Total Phenolics 50050 Flow 00082 Color (ADM1) 00400 pH 00610 Ammonia Nitrogen 00745 Total Sulfide 01002 Total Arsenic 01042 Copper 01092 Zinc 34225 Benzene 50060 Residual Chlorine 00095 Conductivity 00530 TSS 00625 Kjeldhal Nitrogen 00927 Total Magnesium 01027 Cadmium 01045 iron 01105 Aluminum 34481 Toluene 71880 Formaldehyde Parameter Code assistance may be obtained by calling the Division's Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the NPDES web site at http://h2o.enr.state.nc.us/NPDES and visiting the "Documents" section. The monthly average for fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B). If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). DWQ Form MR-1 (Revised 7/2000)