NC0062642_LV20150148_20150831

A711
wie
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
Certified Mail# 7013 1090 0000 6092 9634
Return Receipt Requested
August 31, 2015 RECEIVED/DENR/pw
Spurgeon Grey Kinlaw R
Webb Creek Water and Sewage Inc SEP 0 4 2015
250 Zachary Ln
Hubert,NC 28539 vvater Qual'Permmin96ection
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 No. NC0062642
Webb Creek Water and Sewage Inc
Webb Creek WWTP
Case No. LV-2015-0148
' Onslow County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$727.62 ($500.00 civil penalty+
$227.62 enforcement costs)against Webb Creek Water and Sewage Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Webb Creek Water and Sewage Inc for the month of April 2015. This review has shown the subject facility
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0062642. The
violations, which occurred in April 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Webb Creek Water and Sewage Inc violated the terms,
conditions or requirements of NPDES Permit No. NC0062642 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 Resources, I,James
H. Gregson,Regional Supervisor,Wilmington Regional Office hereby make the following civil penalty assessment against
Webb Creek Water and Sewage Inc:
v e
i
127 Cardinal Drive Extension.Wilmington, North Carolina 28405
Phone:[phone]\Internet. www.ncdenr.gov <http.//www.ncdenr.go‘>
An Equal Opportunity\Affnmative Action Employer-Made in pan by recycled paper

•
$500.00 . 2 of the 2 violations of 143-215.1(a)(6)and NPDES Permit No.NC0062642, by discharging waste
water into the waters of the State in violation df the Permit Daily Maximum for Enterococci.
$500.00 TOTAL CIVIL PENALTY
$227.62 Enforcement Costs
$727,62 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-frorri the violation;
, h'
r� t
(2) The duration and gravity of the violation;
(3) The-effect ori ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
•(5) The a'mdunt 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
� 4

Option 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 Resources 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 Resources 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 Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
•

•
O.tion 3: File a I etition for an administrative hearin. with the Office of Administrative Hearin•s:
•
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,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, 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 Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at [e-mail].
Sincerely,
k '
forS-Jay Zimmerman, P.G.
Director,Division of Water Resources,NCDENR
By James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section ,
Wilmington Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Wilmington Regional Office -Enforcement File (w/attachments)
NPDLS Entowilent Unit - Enfor_�mcnt Fite (%\:attachments)
Central Files,Water Quality Section (w/attachments)

ATTACHMENT A
Webb Creek Water and Sewage Inc
CASE NUMBER LV-2015-0148
PERMIT: NC0062642 FACILITY: Webb Creek WWTP COUNTY: Onslow REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 4-2015 001 Effluent Enterococci 4/22/15 3 X week cfu/100m1 276 2489 801 8 Daily Maximum Exceeded
$250 00 4-2015 001 Effluent Enterococci 4/27/15 3 X week cfu/100m1 276 1542 458 7 Daily Maximum Exceeded

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DIVISION OF WATER RESOURCES.- CIVIL PENALTY ASSESSMENT
i/
Violator: Webb Creek Water and Sewage Inc
Facility Name: Webb Creek WWTP
Permit Number: NC0062642
County: Onslow
Case Number: LV-2015-0148
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;
C1-7/4-4/-14-,•14-, _�7v. ci f�i.;�i .ar Fes• -r: E i �r� c./.
2) The duration and gravity of the violation; `
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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;
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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
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8) The cost to the State of the enforcement procedures.
$227.62
e; i,ofd '3-4 d i� y
Date James. Gregson, gional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDENR

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
June 17,2015
CERTIFIED MAIL #J010-02-90-00113-0233-956-4- Cr c 9 G cmc 6 9o_ 9
RETURN RECEIPT REQUESTED
Spurgeon Kinlaw
Webb Creek Water and Sewage Inc
250 Zachary Lane
Hubert, NC 28539
Subject: NOTICE OF VIOLATION&INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0390
Permit No. NC0062642
Webb Creek WWTP
Onslow County
Dear Mr Kinlaw,Jr:
A review of Webb Creek Water and Sewage Inc's Discharge Monitoring Report(s)for the Webb Creek WWTP submitted for the
month of April 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
Enterococci, 4/22/2015 276.000 cfu/100m1 2,489.000 cfu/100mI Daily Maximum Exceeded
colony forming
units •
Enterococci, 4/27/2015 276.000 cfu/100m1 1,542.000 cfu/100m1 Daily Maximum Exceeded
colony forming
units
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina.General Statute
(G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A,a civil penalty of not more than twenty-five
thousand dollars($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms,
conditions,or requirements of any permit issued pursuant to G.S. 143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall
compliance please respond in writing within ten(10) business days after receipt of this Notice. A review of your response
will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be
notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within
the 10-day period,a civil penalty assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The
Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Ifthe violations
are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction
activities,then you may wish to consider applying for a Special Order by Consent.
Reminder: Pursuant to Permit Condition 6 in Section E,the Permittee is required to verbally notify the Regional Office as
soon as possible,not to exceed 24 hours,from first knowledge of any non-compliance at the facility including
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 _
Phone:[phone]\Internet:www.ncdenr.gov
A., \ Aff.rmotivc artinn Fmnlnvar—Marie in Hart h,recvrled naoer

•
limit violations, bypasses of,or failure ofa treatment unit. A written report may be required within 5 days if
directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned
maintenance activities,taking units off-line,etc.
In addition, you may wish to consider registering to use the Division's new e-DMR process for completion and submittal of
monthly monitoring reports,for more information please visit our website at:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
If you should have any questions,please do not hesitate to contact Dean Hunkele with the Water Quality Section at(910)796-
7215 or via email at [e-mail].
Sincerely,
77,
Jin`e Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc: DWQ/Wilmington Regional Office-Green File
Central Files, Water Quality Section

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I F FLdENT g
NPDES PERMIT NO._ NC0062642 DISCHARGE NO. 001 MONTH April YEAR 2015
FACILITY NAME Webb Creek Water and Sewage Inc CLASS 3 COUNTY Onslow
CERTIFIED LABORATORY(1) Enviromental Chemists Inc CERTIFICATION NO. DWQ#94 DLS#37729
fist additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) William Moody GRADE IV CERTIFICATION NO, 22946
PERSON(S)COLLECTING SAMPLES W. Moody, S. Kinlaw ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED._ , NO FLOW/DISCHARGE FROM SITE*
Mad ORIGINAL and ONE COPY to: ' r ,),...,/
FILES / / 9f/V. .------
ATTLCENTRALDIVISIONOF W ,TEL QUA? : •, �; ('i'_; 1'' URE OF OPE P. OR IN RESPONSIBLE CHARGE)
1617 MAIL SER GECENTER BY THIS S IGNATURE,I CERTIFY THAT THIS REPORT IS
RALE-IEILNC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MYKNOWLEDGE.
j 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600_ 00665 61211
E FLOW w
o i E'EFF Ell �,.„ o-
BCW ww Qz z p ENTER PARAMETER CODE ABOVE
"' ¢° F g. IINF ❑ a� ,;, x q �' ZCD< �O a� �L7 a� NAME AND UNITS BELOW
d oa ao f ?,w pw„w aU . 0 N a Op,E Ent O, Oa toy 1
0 l Ca disinfection ENTEROCOCCI
HRS HRS MIN MGD °C UNITS UGJL MG/I. MG/I. MGL itl100ML MGIL MG1L MG1L cfu/100m1
1. 740•: :10• .:Y:..: ..0.1t32;•,:: :18. :.:.8:5 ::4 ..0:4."1..:;-<:24V:. .r9:05°`::::;::::: :•::0.04 - ;<1 ,r-:-; -
2 700 10 Y 0.165566 18 0
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$ - 50.. : .22 ., Y !!".(1.1.661345- 10` ::.:::.F..r. • :. c.'•.
.4 800 2 Y 0.181587 '""
5 •'BOD.:': 2,: _ Y. - .8:180625-" .: ' . :.•. :.. • .... . ::F?: :
L. 700 10 Y 0.188385 18 8.5 3 5.5 <2.7 9.38 2
:2 700.: :•:P-: .'k , -'0,;187650 I8 '..''7.'9•'•.:.:.,• , ;'• 6 ::;:':1:: : .:. '.794, : _4 13:,:: •:.0.62 :•44..................................
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$ 700 11 Y 0.182262 21 8.5 8 3.3 3.1 8 49 1
I 708•'.4:. 10.: Y. .,' 0:100825 '23 • ' •••: : .....i .. • :
10 700 3 Y 0 160911 21
lk.:800 .'2. ;•*V•: •.0.369280:: ': -. •
12 900 1 Y .1 0.181906
U .700 ; 10:

Facility Status: (Please check one of the following)
.t° All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
oncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time-table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"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 managed 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."
J Hal Jinlaw Jr Spurgeon Gray Kinlaw
Permittee (Please print or type)
X✓ u� 7/7/4/111
Signa e ermittee** Date
(Required unless submitted electronically)
PO Box 1371 Lumberton,NC 28359 910-326-3132 billorcwebbcreek(oi7amailcom 6/30/2017
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Ceitincation No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
***Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Page 2

On April 22nd and 27th we violated our daily max for enterococci. I have no reason for this as samples
before and after these dates were <1. The UV had been cleaned and all ballast and UV lamps and sleeves
have been changed.