NC0001121_Civil Penalty Assessment TX 2005-0015_20060105

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 29, 2005
CERTIFIED MAIL 70067.037 6104 5-17 35t
RETURN RECEIPT REQUESTED
Mr. Rodney Lang
Dynapar Corporation
2100 West Broad Street
Elizabethtown, North Carolina 28337
SUBJECT:
Dear Mr. Lang:
Alan W. Klimek, P.E., Director
Division of Water Quality
Et,
JAN U 5 2U06
DWQ
Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and
NPDES Permit No. NC0001121
Dynapar Corporation WWTP
Bladen County
TX 2005-0015
This letter transmits a Civil Penalty assessment against Dynapar Corporation in the amount of
$ i ry. fr r ($ civil penalty + $ 6V 2 enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self -monitoring data for
September and October 2005 has been conducted. The review has shown Dynapar Corporation to be in violation
of the 90% acute toxicity effluent discharge limitation found in NPDES Permit No. NC0001121. The Company's
toxicity self -monitoring reports for September and October 2005 revealed the following effluent toxicity permit
limit violations.
September 2005 fail
October 2005 fail
Based upon the above fact(s), I conclude as a matter of law that Dynapar Corporation violated the terms,
conditions or requirements of NPDES Permit No. NC0001121 and N.C.G.S 143-215.1(a)(6) in the manner and
extent shown above. A civil penalty in accordance with the maximum 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).
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, Matt Matthews, Aquatic Toxicology Unit Supervisor hereby make the following civil penalty
assessment against Dynapar Corporation.
NorthCarolina
Naturally
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

$ .i_ . For / of < violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0001121, by discharging waste into the
waters of the State in violation of Dynapar Corporation's permit
effluent limit for acute toxicity for September 2005.
$ r For / of / violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0001121, by discharging waste into the
waters of the State in violation of Dynapar Corporation's permit
effluent limit for acute toxicity for October 2005.
Enforcement costs.
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 receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

2. Submit a written request for remission or mitigation including a detailed justification for such
request.
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. 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 and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) 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;
(2) the violator promptly abated continuing environmental damage resulting from the
violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of the Division of Water Quality will review your evidence and infoiui you of
his decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the
Committee cannot consider info' illation that was not part of the original remission request considered by the
Director. Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days
of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Environmental Sciences Section
Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27699-1621
OR

3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must
file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office
hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00
a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of
the document is received in the Office of Administrative Hearings within five (5) business days following the
faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.
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 me at 919-733-
2136.
// /2,1()(
Date
ATTACHMENTS
cc: Regional Supervisor w/attachments
Point Source Branch File w/attachments
Aquatic Toxicology Unit File w/attachments
Central Files w/attachments
Matt Matthews
Aquatic Toxicology Unit Supervisor
Environmental Sciences Section

STATE OF NORTH CAROLINA
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DYNAPAR CORPORATION
NPDES PERMIT NO. NC0001121
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. TX-2005-0015
Having been assessed civil penalties totaling for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
, 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 30 days
from the receipt of the notice of assessment.
This the day of , 2006.
BY
ADDRESS
TELEPHONE

CIVIL PENALTY ASSESSMENT ADDENDUM
The Division of Water Quality (DWQ) issues/reissues NPDES permits with whole effluent toxicity
(WET) limits. The current chronic toxicity test condition language requires permittees to conduct multiple
concentration testing upon a single quarterly failure to meet the chronic toxicity permit limit. Permittees with
NPDES permits which contain "old" chronic toxicity pass/fail testing language will have the OPTION to respond
to any single quarterly toxicity test failure with follow-up multiple concentration toxicity testing (as contained in
the current language) or single concentration toxicity testing, thereby influencing the level of DWQ's enforcement
response.
NOTE: Choosing to respond to a chronic toxicity "fail" result with a pass/fail test instead of conducting multiple
concentration toxicity testing during the second and third months of the monitoring quarter (monitoring quarter
defined by your permit) will result in enforcement for single concentration test results that do not meet chronic
toxicity permit limitations.
Important WET Enforcement Policy items are:
I. CHRONIC TOXICITY TESTING
The first test of the quarter can be conducted as either a pass/fail test or a chronic
value (ChV) test.
If the pass/fail test fails or if the ChV is lower than the limit, then a Notice of
Violation (NOV) is issued and at least two ChV tests (one per month) will be
conducted over the following two months. As many analyses as can be completed
will be accepted.
A NOV will be issued for ANY test result failing to meet the pei iiiit limit.
Any civil penalties assessed will be based on perfoimmlance over a quarter. Facilities
may be assessed civil penalties for any month in which compliance with the WET
limit is not achieved. DWQ's enforcement response can be influenced by conducting
multiple concentration testing for the second and third months of the monitoring
quarter. Chronic values for all follow-up tests will be averaged arithmetically. If the
average is _> the chronic permit limit, then civil penalties will not be assessed for
monthly violations occurring during the quarter. If the average chronic value is < the
permit limit, the facility will be assessed civil penalties for each month during the
quarter in which compliance with WET was not achieved.
NPDES Permits containing chronic toxicity pass/fail testing will be modified upon
permit renewal to include the new permit language.
II. ACUTE TOXICITY TESTING
• A NOV will be issued for each acute limit violation.
• A civil penalty will be assessed for any two consecutive acute limit violations.
If you are unable to consistently comply with your toxicity permit limitation, you may notify your
respective Regional Office to discuss the possibility of entering into a Special Order by Consent (SOC). The SOC
provides conditional compliance for permit parameters with which the facility can not consistently comply and
may be issued in situations where facility operation and maintenance are not in question. If a SOC is signed by the
permittee/DWQ and contains toxicity as a noncompliant parameter, you will be required to: conduct a Toxicity
Reduction Evaluation (TRE), submit quarterly TRE progress reports and eliminate/reduce effluent toxicants so
that compliance with the whole effluent toxicity limit can be demonstrated.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: TX-2005-0015 County: Bladen
Assessed Party: Dynapar Corporation WWTP
Permit No. (if applicable): NC0001121 Amount Assessed: $
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts " form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i. e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

www.pacelabs.com
Effluent Aquatic Toxicity Report Form — Acute Pass/Fail
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: [phone]
Date: 9-28-05 Fax.' 828.252.4618
Facility Dahner Controls
Laborato erfgrming Test PaAnalytical
x
,Signature of Oper,rn Ke ponsix
/
ature of Lab'or4tory Supervisor
Si
NPDES#NC: 0001121
Pipe# 004 County: Bladen
Comments:
Dc:--ob e f 2
MAIL ORIGINAL TO:
North Carolina Acute Pass/Fail Toxicity Test
Organism Tested
Pimephales promelas
Collection Date: 9/12/05
Collection Time: 0730
Test Start Date: 9/14/05
Hardness (mg/1)
Spec. Cond.(umhos)
Chlorine (mg/1)
Sample temp. at receipt °C
Environmental Sciences Branch
Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Control 7.= 7.7
Treatment P 6.4 6.5
Control N1
Treatment 7.9
Mortality Replicate
Treatment 1 (Control)
Treatment 2 (Exposure)
Concentration 190% I
Tested
A B C
0%
A
100%
0%
100%
0%
100%
D
0%
D
100%
Mean Mortality
100%
(NOTE: If the mean control mortality exceeds 10%, the test is considered invalid)
Calculate using
Arc -Sine
Square Root
transformed data
Calculated Student's t
Tabular Student's t
(ONE TAILED)
If the absolute value of the calculated t is less than or equal
to the absolute value of the tabular t, check PASS.
If the absolute value of the calculated t is greater than the
absolute valueREPQ&aiFhLcABINIATORY ANALYSIS
Asheville Certification IDs If all vessels within wishrtrolirRei'1'atvEetwa;;C,sv in full,
NC Wastewater 40 but the treatmen,t,kw,ctsefiveamecis, ', g'ahok c i, 9 q L.
PASS
FAIL
X
Charlotte Certifi
ration IDs
L
a� !Na°tawater 12
NC Drinking Water 37706
SC 99006
FL NELAP E87627
NC Drinking Water 37712
SC Environmental B9&Q Form AT-2 (8/91)
FL NELAP E87648
ACCo,
4
nelac=

n.`
Pace Analytical Services, Inc.
9800 Kincey Avenue, Suite 100
Huntersville, NC 28078
Phone: [phone]
Fax: [phone]
fivifi>ienilAquatic Toxicity Report Form — Acute Pass/Fail
Pace Analytical Services, Inc.
2225 Riverside Drive
Asheville, NC 28804
Phone: [phone]
Fax: [phone]
Date: 1 1\16\05
Facility Dahner Controls
Laboratory form g Test P. •.,gal ical
x /
iknat jape of Opera ' e'.onsible " - arge
+
Sigure of .b ratory .ervisor
i
NPDES#NC: 0001 121
Pipet/ 004 County: Bladen
Comments: k'e a-0A pied i (f (/L
6m4fcLcki PRO 1)0L(e f Jvre_Z_
t Uti t-►
65
2
w
MAIL ORIGINAL TO:
North Carolina Acute Pass/Fail Toxicity
Asheville Certification
NC Wastewater
NC Drinking Water
SC
FL NELAP DW(58Ai4i AT-2 (8/91)
Environmental Sciences Branch
Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Test
Collection Date: 10/31/05
Collection Time: 0730
Test Start Date: 11 /2/05
Sample Type/Duration
Grab
Comp.
Duration
X
24hr
Hardness (mg/1)
Spec. Cond.(umhos)
Chlorine (mg/1)
Sample temp. at receipt °C
O
H
0
Mortality
Treatment 1 (Control)
Concentration
Treatment 2 (Exposure)
190%
Tested
Organism Tested
Pimephales promelas
pH
D.O.
Replicate
A B C
0% 1 0% 0%
A
100%
100%
100%
Control
Treatment
Control
Treatment
D
0"io
100%
7.4
7.5
7.0
7.2
Mean Mortality
0%,
100%
(NOTE: If the mean control mortality exceeds 10%, the test is considered invalid)
Calculate using
Arc -Sine
Square Root
transformed data
X
Charlotte Ce
ification IDs
NC Wastew
41 If all vessels within each] hi$0416fltsbaNVAIMnipeorlugacinsecept in full,
NC Drinking
3 771&ut the treatment two,i iN a; 5 roituokp tidi vl ASIJnc. qr_
Calculated Student's t
Tabular Student's t
(ONE TAILED)
If the absolute value of the calculated t is less than or equal
to the absolute value of the tabular t, check PASS.
If the absolute value of the calculated_t is_greater tha
,05absolute value of REPORT .ORATUI ANALYSIS
PASS
FAIL
er 12
,Hater 37706
99006
E87627
99u6u
ACCpR
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FL NELAP