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Home My WebLink AboutNC0048577_LV-2009-0093_20090409NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor . Director April 9, 2009 MYRON EDWARD NEVILLE ROBESON COUNTY WATER DEPARTMENT 265 MCGIRT RD MAXTON NC 28364 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Maxton WTP Permit Number: NCO048577 Case Number: LV-2009-0093 Robeson County Dear Mr. Neville: DENR—FRO Dee Freeman Secretary This letter is to acknowledge receipt of check number 283470 in the amount of $585.15 received from you dated April 6, 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, ovonah Weeden cc: Central Files DWQ F ei`ioltic Re Tonal Office Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919.807-64921 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org ��, , An Equal Opportunity 1 Affirmative Action Employer s�/� 1 r NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 27, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0003 5544 3816 Myron Edward Neville Robeson County Water Department 265 McGirt Rd . Maxton, NC 28364 Resources Dee Freeman Secretary SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NC0648577 Robeson County Water Department Maxton WTP Case No. LV-2009-0093 Robeson County Dear Mr. Neville: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.15 ($450.00 civil penalty + $135.15 enforcement costs) against Robeson County Water Department. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Robeson County Water Department for the month of January 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0048577. The violations which occurred in January 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Robeson County Water Department violated the terms, conditions or requirements of NPDES Permit NCO048577 and G.S. 143- 215.1(a)(6) 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 Robeson County Water Department: NorthCarolina �atur�rltr� 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 DIVISION OF WATER QUALITY -CIVIL PENALTY ASSESSMENT Violator: Robeson County Water Department County: Robeson Case Number: LV-2009-0093 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; • This facility had one daily TSS violation and on monthly TSS violation that met enforcement criteria. Also the facility had one chlorine violation that resulted in a NOV. 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 facility has never had a civil penalty assessed against it. 8) The cost to the State of the enforcement procedures. • Enforcement cost to state totaled $135.15. 3-Ill 09 Date A"'j 09'a� Belinda Si Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office A4 • o NCDENR North Carolina Department of -Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 27, 2009 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7006 3450 0003 5544 3816 Myron Edward Neville Robeson County Water Department 265 McGirt Rd Maxton, NC 28364 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES Permit NCO048577 Robeson County Water Department Maxton WTP Case No. LV-2009-0093 Robeson County Dear Mr. Neville: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.15 ($450.00 civil penalty + $135.15 enforcement costs) against Robeson County Water Department. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Robeson County Water Department for the month of January 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0048577. The violations which occurred in January 2009 are summarized in Attachment A to this letter. Based upon the .above facts, I conclude as a matter of law that Robeson County Water Department violated the terms, conditions or requirements of NPDES Permit NCO048577 and G.S. 143- 215.1(a)(6) 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 Robeson County Water Department: NorthCarolina Natmrally 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 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 00 NC0048577, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 150.00 NC0048577, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 300.00 NC0048577, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. 450.00 TOTAL CIVIL PENALTY 135.1.5 Enforcement Costs 585.15 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, 66t j 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: LV-2009-0093 County: Robeson Assessed Party: Robeson County Water Department Permit No. (if applicable): NC0048577 Amount Assessed: $585.15 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. I (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 Robeson Robeson County Water Department IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL'PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Maxton WTP ) STIPULATION OF FACTS PERMIT NO. NCO048577 ) FILE NO. LV-2009-0093 . Having been- assessed civil penalties totaling $585.15 for violation(s) asset forth in the assessment document of the Division of Water Quality dated March 27, 2009, the undersigned, 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 ADDRESS TELEPHONE SIGNATURE Q11 ATTACHMENT A Robeson County Water Department CASE NUMBER: LV-2009-0093 PERMIT: NCO048577 FACILITY: Maxton WTP COUNTY: Robeson REGION: Fayetteville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 1-2009 001 Effluent CHLORINE 01/06/09 Weekly ug/I 28 64 128.57 Daily Maximum Exceeded . $150.00 1-2009 001 Effluent RES/TSS 01/22/09 2 X month mg/1 . 45 85 88.89 Daily Maximum Exceeded ' $300.00 1-2009 001 Effluent RES/TSS 01/31/09 2 X month mg/1 30 43.45 44.83 Monthly Average Exceeded - - - EFFLUENT NPDES PER -NET NO. N ('O 0 4 8 5 7 7 DISCHARGE NO. n n 1 MONTH YEARS;.' FACILITYNA TE R0RF40N COUNTY WATER DEPT CLASS I 'OUNTY RnRF. N OPERATOR IN RESPONSIBLE CHARGE (ORC) MVRnN NFV TT,T.F GRADES PHONE c)1 0—R 44-5 h 1 1 CERTIFIED LABORATORIES (I IM PT.AMT T.AP (2) RNyTRnNMFNT 1 , TNr CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES x A T T F R ADFnRT) Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES ! DIVISION OF WATER QUALITY ! (SIG E OF OPERATOR IN PONS LE CHARGE) DATRRqWV ^ 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. F 2 DWQ Form MR -I (01/00) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to -equipment, operation, maintenance, etc_, and a time -table for improvements to be made. "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 inquiry 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." ROBESON COUNTY WATER PLANT 265 MCGIRT ROAD MAXTON NC 28364 Permittee Address 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 B OD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter MYRON NEVILLE Permittee (Please print or type) Signature of Permittee** Date (Required) 910-844-5611 7-31-200a� Phone Number PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 01037 Total Cobalt - 00745 Total Sulfide 01042 Copper 00927 Total Magnesium 01045 Iron 00929 Total Sodium 01051 Lead 00940 Total Chloride 01062 Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum Permit Exp. Date 50060 Total Residual Chlorine 01147 Total Selenium 71880 Formaldehyde 31616 Fecal Coliform 71900 Mercury 32730 Total Phenolics 81551 Xylene 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/was and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. K ORC must visit facility and document visitation of facility as required per 15A NCAC 80.0204. `* 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). Permit Enforcement History by Owner Owner: Facility: Permit: Region: County: 03/24/09 1 Penalty Remission Enf EMC EMC OAH Collection Has. Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed Total Cases: 0 Total Penalties: Total Penalties after remission(s): Payment P,emissiarr ` Petition Call 2ttlernent Related Cases Comment., " Eve nts Surnmary I; Relate Violations t'analtyAssassed Review i Case Number. LU 20090093 NOV' s =00407 Permit: 6etails. SOC: AD Geta Monitoring Report. 012009 =Deta�ls f Facility �IaA'on KP ; Geiails.,.a Region: fFayel eville ! County, Robeson . I Owner. RobesonCounly Water Department atgaintain.:. Incident. Inspect DI ,.. Report M." Permit Ori in Location Viol, Cate o Parameter Date Drcription TotalDollars 012009 PlC0048577 001 ;Effluent Limit 'Violation Solids, Total ... 0113112009 MonthhAverage... $300.00 01.2009 NC0048577 001 Eftent Limitlfolation Solids, Total... 0112212009 Daily Maximum... $150.00 012009 ,NC0048577 Oiii jEMuent LirttifViolatian Cnlarine,Tota...0110612009 GailyM rnum... $0.0[i i i 3 Assessed µ Y. ^ ., . 3 PenaliyWaived: � ,,} ROCO Assessed Exparf F&G Letter I Penplty Details,., PenallyAssessed: Enforcement Contact Neville, Myron E. ►, '��u y Per7aliyAmounf: $450.00 Letter date, Letter Salutation: Mr. Neville pamages: F&D Received by Facility. Regional Contact: 113rantley Mark • Enforcement Cost: $135,15 r Daps Response Due ; t Date Response Due: Total Penalties: 1585 Finish Cancel 3°,4olations found. Ready SIR, ENPS