NC0023353_LV 02-585_20021120

SM.
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
November 20, 2002
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 02-585
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
JUNE 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
JUNE 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 Pei wit 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).
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
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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 White Lake:
$ 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).