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Home My WebLink AboutNC0020656_PC-2009-0066_20090709Al7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director DOLORES A HAMMOND CITY OF LAURINBURG PO BOX 249 LAURINBURG NC 28353 SUBJECT: Dear Ms. Hammond: July 9, 2009 Payment Acknowledgment Civil Penalty Assessment Leith Creek WWTP Permit Number: NC0020656 Case Number: PC-2009-0066 Scotland County Dee Freeman Secretary DEAR ®FRS II DV 'O This letter is to acknowledge receipt of check number 54968 in the amount of $2,135.17 received from you dated July 1, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Joe Corporon at 919-807-6394. Sincerely, Jovonah Weeden cc: Central Files DWQ Havre, te�� llil'e71 i-onalQ ice Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina Naturally Oi ori:aurh,httv OFFICE OF THE TREATMENT PLANTS DIRECTOR July 2, 2009 NC Department of Environment And Natural Resources Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Notice of Violation and Assessment of Civil Penal NPDES Permit NC0020656 _= City of Laurinburg Leith Creek WWTP Case No. PC-2009-0066: Scotland;County. Dear Sir or Madam.,,_,,., In response to the inspection tha{occurred'on 1Vlarch 4, 2009 we would like to take this opportunity to express our regrLtti nt this"eveintoccurred and to ensue that land application practices.•will..be implemented more stringent to preventthis from happening • in the future. All -America City 11(117F 1956 2 3 1967 We have enclosed a check in the d:Q12:.77C 171__tL_ civil penalty enforcement cost.Ifzyou haveany ques.,tions,concerning this matter please contact us. Sincerely, Robert Ellis City of Laurinburg Treatment Plants Director Cc: cli alp wrro r -0 ,pleyaiw Dolores:A.Hammond, Interim City Manager E R— FRo D 603 LAUCHWOOD DRIVE • P.O. BOX 249 • LAURINBURG, N.C. 28353 • PHONE: 910/277-0214 • FAX: 910/277-3633 NETSWEeIr CITY OF LAURINBURG GENERAL ACCOUNT P.O. BOX 249 LAURINBURG, NC 28352 PAY TO THE ORDER R B C CENTURA BANK LAURINBURG, NC 66-85/531 ******2,135 DOLLARS AND 17 CENTS This disbursement has been approved as required by the Local Govemment Budget and Fiscal Control Act. eysrtlsla. Ste'.ecvrAessem FINANCE DIRECTOR 54 968 NC DEPT ENVIRONMENT/NATURAL RESOURC 1617 MAIL SERVICE CENTER 0,z RED,e44° RAL IGH NC 27659-1618 ' DES wi1H NE' 54968 VENDOR CHECK DATE f 719 d7/01/2009 8 SECURITY FEATURES INCLUDED. DETAILS ON BACK. L} I 0054968P 1:053 L00850':08400008 L 211' CITY OF LAURINBURG CHECK NO. 5496E CHECK AMOUNT $2,135.17 ia‘a-/w Oteou, /41/77a7G, 07/01/09 54968 INVOICE DATE INVOICE NUMBER INVOICE DESCRIPTION NET INVOICE AMOUNT PO NO. VOUCHER 07/01/09 CSE#0C2009-0 2,135.17 54974 7/4, /:r DENR FR JUL 062DJ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0001 1492 1272 Dolores A Hammond, Interium City Manger City of Laurinburg P.O. Box 249 Laurinburg, NC 28353 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a) and NPDES Permit NC0020656 City of Laurinburg Leith Creek WWTP Case No. PC-2009-0066 Scotland County Dear Ms. Hammond: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,135.17 ($2,000.00 civil penalty + $135.17 enforcement costs) against City of Laurinburg. On March 4, 2009, Mark Brantley, Trent Allen, and myself of the Fayetteville Regional Office, Gil Vinzani, Joe Corporon, and Ron Berry of the Raleigh Central Office visited the Leith Creek Wastewater Treatment Facility. Staff witnessed activated sludge solids flowing through the effluent outfall to the receiving stream. Mr. Ricky Odum, Facility's Back-up ORC, was onsite at the time of the discovery and stated that solids had been washed out of the clarifier that morning due to increased flow from rainfall earlier in the week. It was also noted during the inspection that the WWTP's digesters were full of sludge which gave the impression that the MLSS level was elevated due to a lack of wasting room. It appears that the increased flow combined with elevated MLSS contributed to the solids washout event. It is the opinion of this office that the discharge of solids in this manner is a violation of your NPDES permit. Part II Section C.2 that states, "The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures." No e hCarolina Aatura/fjj North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone (910)433-3300 FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748 Asiteisi NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 2, 2009 CERTIFIED MAIL Return Receipt Requested 7008 1300 0001 1492 1227 Craig Honeycutt, City Manager City of Laurinburg P.O. Box 249 Laurinburg, NC 28353 SUBJECT: NOTICE OF VIOLATION, NOV-2009-PC-0279 March 4, 2009 Compliance Evaluation Inspection City of Laurinburg Leith Creek WWTP Permit No: NC0020656 Scotland County A . ♦ Dear MrHoneycutt: On.March 4, 2009, Mark Brantley, Trent Allen, and myself of the Fayetteville Regional Office, Gil Vinzani, Joe Corporon, and Ron Berry of the Raleigh Central Office visited the Leith Creek Wastewater Treatment Facility. Staff witnessed activated sludge solids flowing through the effluent outfall to the receiving stream. Mr. Ricky Odum, Facility's Back-up ORC, was onsite at the time of the discovery and stated that solids had been washed out of the clarifier that morning due to increased flow from rainfall earlier in the week. It was ,also noted during the inspection that the WWTP's digesters were full of sludge which gave the impression that the MLSS level was elevated due to a lack of wasting room. It appears that the increased flow combined with elevated MLSS contributed to the solids washout event. Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 4, 2009. The facility was found to be in Non -Compliance with permit NC0020656. As a reminder, preservation of the Waters of the State can only be achieved through consistent NPDES Permit compliance. It is the opinion of this office that the discharge of solids in this manner is a violation of your NPDES permit. Part II Section C.2 that states "The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures." North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300 FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748 NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper This office has documented other occurrences, April 1, 2001 and March 5, 2003, where waste solids were leaving the municipal wastewater treatment facility in a manner inconsistent with the permit. Please submit a Plan of Action (POA) to prevent future violations of this nature by April 30, 2009. In the POA include the following information for the period January 2008 through February 2009: 1. The dates of the usage of the equalization basin and the flows (MGD) that was diverted to the EQ basin. 2. Each of the aeration basin mixed liquor suspended solids (MLSS) in mg/1. 3. The clarifier blanket readings recorded for each clarifier. 4. The date and the number of gallons wasted to the digester. 5. The level of the digester each day. 6. The biosolids land application events for 2008 and 2009 including the volume applied during each event. 7. A Plan of Action (POA) to prevent discharges of similar nature from reoccurring. We are in receipt of your response dated March 20, 2009 compliance evaluation inspection. The response noted a biosolids removal for land application by March 30, 2009. Please give us an update on this event. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 910-433-3327. Sincerely, 8 Lt, te 0 .isf 41,2410.0- Belinda S. Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office cc: Robert A. Ellis, ORC Central Files Fayetteville Files United States Environmental Protection Agency EPA Washington, D.C. 20460 i`! Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection 1 I NI 2 1 51 31 NC0020656 1 11 121 09/03/04 117 Type Inspector Fac Type 181 CI "Is' "I I Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIII_IIIIIIIIIIIIIIIII66 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved 671 1 69 701 I 711 1 721 NI 731 I 174 751 I I 1 1 I 1 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Leith Creek WWTP Hall St Extension Laurinburg NC 28352 Entry Time/Date 11:00 AM 09/03/04 Permit Effective Date 04/11/01 Exit Time/Date 11:30 AM 09/03/04 Permit Expiration Date 09/08/31 Name(s) of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) /// Robert A. Ellis/ORC/910-277-0214/ Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Robert A. El1is,P0 Box 249 Laurinburg NC 28353//910-277-0214/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Mark Brantley , FRO WQ//910-433-3300 Ext.727/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Belinda S Henson latjhotipji FRO WQ//910-433-3300 Ext.726/ 4- 2, - ® 9 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 31 NC0020656 I11 12I 09/03/04 1 17 18ICI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) On March 4, 2009, Mark Brantley, Trent Allen, and myself of the Fayetteville Regional Office, Gil Vinzani, Joe Corporon, and Ron Berry of the Raleigh Central Office visited the Leith Creek Wastewater Treatment Facility. Staff witnessed activated sludge solids flowing through the effluent outfall to the receiving stream. Mr. Ricky Odum, Facility's Back-up ORC, was onsite at the time of the discovery and stated that solids had been washed out of the clarifier that morning due to increased flow from rainfall earlier in the week. It was also noted during the inspection that the WWTP's digesters were full of sludge which gave the impression that the MLSS level was elevated due to a lack of wasting room. It appears that the increased flow combined with elevated MLSS contributed to the solids washout event. Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 4, 2009. The facility was found to be in Non -Compliance with permit NC0020656. As a reminder, preservation of the Waters of the State can only be achieved through consistent NPDES Permit compliance. 'It is the opinion of this office that the discharge of solids in this manner is a violation of your NPDES permit. Part II Section C.2 that states "The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures." This office has documented other occurrences, April 1, 2001 and March 5, 2003, where waste solids were leaving the municipal wastewater treatment facility in a manner inconsistent with the permit. Please submit a Plan of Action (POA) to prevent future violations of this nature by April 30, 2009. In the POA include the following information for the period January 2008 through February 2009: 1. The dates of the usage of the equalization basin and the flows (MGD) that was diverted to the EQ basin. 2. Each of the aeration basin mixed liquor suspended solids (MLSS) in mg/I. 3. The clarifier blanket readings recorded for each clarifier. 4. The date and the number of gallons wasted to the digester. 5. The level of the digester each day. 6. The biosolids land application events for 2008 and 2009 including the volume applied during each event. 7. A Plan of Action (POA) to prevent discharges of similar nature from reoccurring. We are in receipt of your response dated March 20, 2009 compliance evaluation inspection. The response noted a biosolids removal for land application by March 30, 2009. Please give us an update on this event. Page # 2 Permit: NC0020656 Owner - Facility: Leith Creek WWTP Inspection Date: 03/04/2009 Inspection Type: Compliance Evaluation Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris?. If effluent (diffuser pipes are required) are they operating properly? Comment: At the time of the inspection a significant amount of solids were being discharged into the receiving stream. Mr. Ricky Odum, facility's back-up ORC, stated that they had lost some solids from their clarifiers that morning. Discharging any amount of solids other than trace amounts is a violation of the facility's NPDES permit. Pictures are attached to the file and inspection report. Yes No NA NE I■nnn n■nn 000• Page # 3 DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: City of Laurinburg County: Scotland Case Number: PC-2009-0066 ASSESSMENT FACTORS 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; • Facility discharged solids for a number of hours on the morning of March 4, 2009. 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 • This isthe third time this facility has violated its NPDES permit with respect to discharging solids into the receiving stream. 8) The cost to the State of the enforcement procedures. • Enforcement costs to the state totaled $135.15. (-23-09 Date Belinda S. Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0001 1492 1272 Dolores A Hammond, Interium City Manger City of Laurinburg P.O. Box 249 Laurinburg, NC 28353 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a) and NPDES Peiiuit NC0020656 City of Laurinburg Leith Creek WWTP Case No. PC-2009-0066 Scotland County Dear Ms. Hammond: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,135.17 ($2,000.00 civil penalty + $135.17 enforcement costs) against City of Laurinburg. On March 4; 2009, Mark Brantley, Trent Allen, and myself of the Fayetteville Regional Office, Gil Vinzani, Joe Corporon, and Ron Berry of the Raleigh Central Office visited the Leith Creek Wastewater Treatment Facility. Staff witnessed activated sludge solids flowing through the effluent outfall to the receiving stream. Mr. Ricky Odum, Facility's Back-up ORC, was onsite at the time of the discovery and stated that solids had been washed out of the clarifier that morning due to increased flow from rainfall earlier in the week. It was also noted during the inspection that the WWTP' s digesters were full of sludge which gave the impression that the MLSS level was elevated due to a lack of wasting room. It appears that the increased flow combined with elevated MLSS contributed to the solids washout event. It is the opinion of this office that the discharge of solids in this manner is a violation of your NPDES permit. Part II Section C.2 that states, "The Permittee shall at all times provide the operation and maintenance resources necessary.to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures." None ithCarolina Naturally North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone (910)433-3300 FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748 Based upon the above facts, I conclude as a matter of law that City of Laurinburg violated the terms, conditions or requirements of NPDES Permit NC0020656 and G.S. 143-215.1(a) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by 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, Belinda S. Henson, Division of Water Quality Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against City of Laurinburg: $2,000.00 For 1 of the 1 other violations of NPDES Peiinit No. NC0020656. $2,000.00 TOTAL CIVIL PENALTY • $135.17 Enforcement Costs $2,135.17 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 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) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether 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 inform 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 information 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile. (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 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. If you have any questions, please contact the Surface Water staff of the Fayetteville Regional Office at 910-433-3300. Sincerely, Belinda S. Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office ATTACHMENTS cc: Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2009-0066 County: Scotland Assessed Party: City of Laurinburg Permit No. (if applicable): NC0020656 Amount Assessed: $2,135.17 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Scotland City of Laurinburg IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIhS AGAINST Leith Creek WWTP PERMIT NO. NC0020656 WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2009-0066 Having been assessed civil penalties totaling $2,135.17 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 23, 2009, theundersigned, desiring to seek remission of the civil penalty, 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 thirty (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 , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A City of Laurinburg CASE NUMBER: PC-2009-0066 PERMIT: NC0020656 FACILITY: Leith Creek WWTP Other Violations COUNTY: Scotland REGION: Fayetteville MONITORING PENALTY REPORT AREA DESCRIPTION VIOLATION DATE VIOLATION TYPE 2,000.00 Effluent Pipe At the time of the inspection a significant amount of solids were being discharged into the receiving stream. Mr. Ricky Odum, facility's back-up operator, stated that they had lost some solids from their clarifiers that morning. 03/04/09 Violation detected during inspection NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary CERTIFIED MAIL Return Receipt Requested 7008 1300 0001 1492 1227 Craig Honeycutt, City Manager City of Laurinburg P.O. Box 249 Laurinburg, NC 28353 / /of, / 1, ) o ° l SUBJECT: NOTICE OF VIOLATION, NOV-2009-PC-0279 March 4, 2009 Compliance Evaluation Inspection City of Laurinburg Leith Creek WWTP Permit No: NC0020656 Scotland County Dear Mr Honeycutt: On March 4, 2009, Mark Brantley, Trent Allen, and myself of the Fayetteville Regional Office, Gil Vinzani, Joe Corporon, and Ron Berry of the Raleigh Central Office visited the Leith Creek Wastewater Treatment Facility. Staff witnessed activated sludge solids flowing through the effluent outfall to the receiving stream. Mr. Ricky Odum, Facility's Back-up ORC, was onsite at the time of the discovery and stated that solids had been washed out of the clarifier that morning due to increased flow from rainfall earlier in the week. It was also noted during the inspection that the WWTP' s digesters were full of sludge which gave the impression that the MLSS level was elevated due to a lack of wasting room. It appears that the increased flow combined with elevated MLSS contributed to the solids washout event. Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 4, 2009. The facility was found to be. in Non -Compliance with permit NC0020656. As a reminder, preservation of the Waters of the State can only be achieved through consistent NPDES Permit compliance. It is the opinion of this office that the discharge of solids in this manner is a violation of your NPDES permit. Part II Section C.2 that states "The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures." NorthCarolina Naturally North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300 FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper This office has documented other occurrences, April 1, 2001 and March 5, 2003, where waste solids were leaving the municipal wastewater treatment facility in a manner inconsistent with the permit. Please submit a Plan of Action (POA) to prevent future violations of this nature by April 30, 2009. In the POA include the following information for the period January 2008 through February 2009: 1. The dates of the usage of the equalization basin and the flows (MGD) that was diverted to the EQ basin. 2. Each of the aeration basin mixed liquor suspended solids (MLSS) in mg/I. 3. The clarifier blanket readings recorded for each clarifier. 4. The date and the number of gallons wasted to the digester. 5. The level of the digester each day. 6. The biosolids land application events for 2008 and 2009 including the volume applied during each event. 7. A Plan of Action (POA) to prevent discharges of similar nature from reoccurring. We are in receipt of your response dated March 20, 2009 compliance evaluation inspection. The response noted a biosolids removal for land application by March 30, 2009. Please give us an update on this event. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 910-433-3327. Sincerely, Belinda S. Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office cc: Robert A. Ellis, ORC Central Files Fayetteville Files