NC0048577_LV-2010-0203_20100720

HCDENR
North Carolina Department of Environment an(
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 20, 2010
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-2010-0203
Robeson County
Dear Mr. Neville:
Natural Resources
Dee Freeman
Secretary
JUL 2 3 2010
This letter is to acknowledge receipt of check number 312820 in the amount of $1,135.17 received from you
dated July 14, 2010. 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.
cc: Central Files
a[ lOffina rettevillle a', e i ,na , f � _,e ur er � s
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 91M07-63001 FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ��9,�� J��
An Equal Opportunity i Affirmative Action Employer S G

Aakv
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 7, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 0820 0000 2474 3989
Robeson County Water Department
Attn: Myron Edward Neville
265 McGirt Rd
Maxton, NC 28364
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO048577
Robeson County Water Department
Maxton WTP
Case No. LV-2010-0203
Robeson County
Dear Mr. Neville:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,135.17 ($1,000.00 civil penalty + $135.17 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 February 2010. 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 February 2010 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:
NorthCarohna
Admilaillff
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] 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-2010-0203
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)
3)
4)
5)
6)
7)
8)
The duration and gravity of the violation;
• This facility had a daily TSS violation and a monthly TSS violation that met enforcement criteria.
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
• This facility has not had any civil penalties assessed against it within the past 12 months.
The cost to the State of the enforcement procedures.
• Enforcement costs to the state totaled $135.17.
`1 —? —JD
Date
1";IAD I
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

41 &1®1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 7, 2010
CERTIFIED MAIL
RETURN .RECEIPT REQUESTED
7009 0820 0000 2474 3989
Robeson County Water Department
Attn: Myron Edward Neville
265 McGirt Rd
Maxton, NC 28364
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO048577
Robeson County Water Department
Maxton WTP
Case No. LV-2010-0203
Robeson County
Dear Mr. Neville:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,135.17 ($1,000.00 civil penalty + $135.17 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 February 2010. 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 February 2010 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:
Noi bCarolina
Aahrrallry
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748

I of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$250.00 NC0048577, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
750.00 NC0048577, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Cow:
$1,000.00 TOTAL CIVIL PENALTY
135.17 Enforcement Costs
1 135.17 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), ul 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:
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

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
:IO

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 petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
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,
p
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
cc: Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION IF ICATION FOR REMISSION REQUEST
DWQ Case Number: 1LV-2010-0203 County: Robeson
Assessed Party: Robeson County Water Department
Permit No. (if applicable): NC0048577' Amount Assessed: $1,135.17
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 Robeson
Robeson County Water Department
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Maxton WTP
PERMIT NO. NCO048577
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2010-0203
Having been assessed civil penalties totaling $1,135.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 7, 2010, 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
SIGNATURE
ADDRESS
TELEPHONE
20

ATTACHMENT A
Robeson County Water Department
CASE NUMBER: LV-2010-0203
o PERMIT: NCO048577
FACILITY: NMaxton WTP
COUNTY: Robeson
REGION:
Fayetteville
Limit Violations
MONITORING
PENALTY REPORT
OUTFALL/
PPI
VIOLATION
UNIT OF
CALCULATED
% OVER
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE
LIMIT
VIOLATION TYPE
$250.00 2-2010
001
Effluent TSS - Conc
02/16/10 2 X month
mg/I 35
61
74.29
Daily Maximum Exceeded
$750.00 2-2010
001
Effluent TSS - Conc
02/28/10 2 X month
mg/I 20
36.5
82.50
Monthly Average Exceeded

y Q ,t
EFFLPENT
ii
NPDES PERMIT NO RC, C� a �? 1 DISCHARGE NO.00 L MONTH' 0- Q M\4EAR
FACILITY NAME-"i - CL`ASS_A--- COUNTY CO n
OPERATOR IN RESPONSIBLE CHARGE (ORC) GRADE a PHONE 10 - 2 Li q
CERTIFIED LABORATORIES (1) (2)
CHECK BOX IF ORC HAS CHANGED ❑ PERSON(S) COLLECTING SAMPLES t>Z-
Mail ORIGINAL and ONE COPY to: �
MW
ATTN: CENTRAL FILES r
DIV. OF ENVIRONMENTAL MANAGEMENT (SIGN IN RE OF OPERATOR RESPONSIBLE CHARGE) 'drop —AMA ? �
DEHNR BY THIS SIGNATURE, I CERTIFY THAT THIS, REPORT IS
P:O: BOX 29535 ACCURATE AND COMPI:ETE TO THE BEST OF'bYY'KNOVMEDGE.
RALEIGH, NC 27626-0535
DEM Form MR -I (12/93)
7j

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.
v L.e c xC& is
"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 foi' knowing violations."
M q f
Perm tt (Please print or typ .)
ROBESON COUNTY WATER PLANT
265 McG1RT ROAD �'`���-� ;�%� -� - Z3 -i
Signa re of Permittee** Date
MAXTA Ida Co 28364 `1 Qt Q� 4 — Is 611 ® ---51 2-0 , �.
Permittee Address Phone Number Permit Exp. Date
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Suspended
Residue
00545 Settleable Matter
PARAMETER CODES
00556
Oil & Grease
00951 Total Fluoride
00600
Total Nitrogen
0.1002 Total Arsenic
00610
Ammonia Nitrogen
00625
Total Kjeldhal
01027 Cadmium
Nitrogen
00630
Nitrates/Nitrites
01032 Hexavalent Chromium
01034 Chromium
00665
Total Phosphorous
00720
Cyanide
00745
Total Sulfide
00927
Total Magnesium
00929
Total Sodium
00940
Total Chloride
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
0.1105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
.32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-508.3, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only, units designated in the reporting
facility's permit for reporting data, U ., ` 1'"
* 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)•

Permit Enforcement History by Owner
Owner: Robeson County Water Department
Facility: Maxton WTP
Permit: NCO048577
Region: Fayetteville , County: Robeson
06/02/10
1
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case
Case Number MR Approved Amount Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed
LV-2009-0093 1-2009 03/27/09 $450 $135.15 $585.15 $.00 No 04/09/09
Total Cases: 1
$135.15
$585.15 $.00
Total Penalties: $585.15 Total Penalties after remission(s): $585.15
(D

Payritent Remission
' Petition 1 Collection Settlement
Related eases �'
Comments Events
Summary
Related Violations
f Penalt}rAssessed
Revie
Case Number LV-2010-0203 NW Save
Permit PJC0048577 @tails.., SOC: AD: =i r e monitoring Report 02-2010I =41
Facility: =MkonVVTP ji Details... Region: IFayettevi� IIeP County. Rok�eson
Owner RobesonCourl W ter Departrnent ,Aaintain... Incident: L� � "K �� InspectDt: ( ;'
Re20q M.., Permit Ori in E Location Viol. Cate or
Parameter Date Description
TotalDollars
02-2010 11NC0048577 001 EBluerd LimitViolation
Solids, Total..: '02l2812010 MontinlyAyerage...
$750.00
02-20010 INCO048577 11101 �EBluent Limit Violation
Solids, Total... 02110!2010 0ailyMaximum ...
$250.00
i
PenaltyNlaived ^^ tip RO Assessed 00 Assessed Eyport F&D Leter.6 ena8 Is...
PenaliyAssessed 06128f20t0 E nforc e m e nt C onta ct £Pleville,Myron E. •,. Modify PenaliyAmount Foomi—
Leiter date: Letter Salutation: Mr. Neville Damages:
F&D Received by Facility; Regional Contact ;Brantley, Mark Enforcement Cost` 1$135.17
Days Response Due: Date Response Due: Total Penalties [,1135.17
Bacii 4in1.. { Cancel
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aAolations !Ready Paoe 1r1 SI6 ENPS