NC0066150_NOV 2015_20150127

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70A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R van der Vaart
Governor Secretary
Certified Mail#70121640000196059205
Return Receipt Requested
January 23,2015
Chris E Grime&Superinterxieit Utilities RECEIVEDIDENRIDWR
Town of Fuquay-Vain
401 Old Honeycutt Rd ,IAN 27 2015
Fuquay Varina, NC 27526
Water Clual r
PermbnA
SUBJECT: NotioeofViolationand Assessment ofCiviIPenalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No. NCO066150
Town of Fuquay-Varina
Brighton Forest WWTP
Case No. LV-2015-0011
Wake County
Dear Permittee;
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $322.48($250.00 civil penalty
+$72.48 enforcement costs)against Town of Fuquay-Varina
This anent is based upon the folI owi ng facts a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Fuquay-Vain for the month of May 2014. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0066150.
The vi of ati ons,which occurred in May 2014,are summa'ized in Attachment A to thi s I etter.
Based upon the above facts, I conclude as a matter of lav that Town of Fuquay-Varina violated the terms, conditions or
requirements of NPDES Permit No. NC0066150 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 arty 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 fad 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, 1, DannyS?mi th, Regional Supev i sor, Raleigh Regional Office hereby make the folI owi ng civil penalty
assessment agai nst Town of Fuquay-V ari na
1628 Mal SevioeCenter,Raleigh,NC 27699-1628
Phone [phone] I Irdernet:www.ncderr.gov<http:/Avww.ncder.gov>
An Equal OpporVity 1 AffirmativeActon Employer-Made In pert by rmyded pier

250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0066150, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N -
Conc.
250.00 TOTAL CIVIL PENALTY
$72-48 Enforcement Costs
$322.48 TOTAL AMOUNT DUE
Pursuant to G.S. 143.215.6A(c), i n determi ni ng the amount of the penal ty I have taken i nto account the Fi rK i ngs of Fact
and Cond usions of Law and the factors set forth at G.S. 1436-282.1(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
resulti ng from the vi ol ati on;
(2) The durati on and gravi ty of the vi d ati on;
(3) The effect on ground or surface water qua City or quality or on air quality;
(4) The cost of recti fyi ng the damage;
(5) The amount of money saved by noncompl i arae;
(6) Whet her the violati onwas committedwiIIfulIyorintentionalIy;
(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 er forcement procedures
Within thirty(30)daysof receipt of thisnotice,you must do oneof thefollowing:
(1) Submit payment of the penalty, OR
(2) Submit awritten request for remission, OR
(3) Submit awritten request for an administrativehea'irig
Option 1: Submit payment of thepenalty:
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+Enforcemeit Unit
Division of Water Resources
1617 Mai I Service Center
Ralei gh, North Carol i na 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Reese 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 . Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the aocuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an admi ni strati ve
hexing, 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 I egai issues are in dispute: Reese 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 wi I I be approved,the fol I owi ng factors shat I be coni dered:
(1) whether oneor moreof thecivil penalty assessrTa t factorsin NCGS 143B-282.1(b)waswrongfully
appl i ed to the detri ment of the petiti over;
(2) whether the violator promptly abated continuing environmental damage resulti ng from the vi olati on;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penaltiesfor any previous violations; or
(5) whether payment of the civi l penalty will prevent payment for the remai ring necessary remedial actions
R ease note that all evidence presented in support of your request for remission must be submitted in writing. The
Di rector of the Divi sion of the Divi si on of Water Resources wi I I rev!env your evi dance and i nform you of hi s deasi on
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 pensity to the Envirwmentai 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 Factsi' form within thi rtv (30) dans of receipt of this 1
_ 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 CompliancelEnforoement Unit
Division of Water Resources
1617 Mai I Servi of Center
Rai ei gh,North Cad i na 27699-1617
3

0ytion3: File a E)etition for an administrative hearing with the Officeof Administrative Hearinc-m
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 am. 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 1
§150B-23.2) is received in the Office of Admi ni strati ve Hearings within seven (7) business days following the faxed ;+
or electronic transmission. You should contact the Office of Administrative Hearings with all questions Le_wding the
f I i ng fee and/or the detai I s of the f I 1!3g process.
The mai I i ng address and tel ephone and fax numbers for the Offi ce of Admi ni strati ve Heari ngs are as fol I aws
Office of Administrative Hearings
6714 M a I Servi ce Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petiti on must al so be served on DENR as fol I ows
Mr.John Evans,General Counsel
Department of Environment and Natural Resources
1601 Mail ServiceCenter
Rai ei gh,North Carol i na 27699-1601
R ease i ndi cite the case number(as found on page one of thi s I etter)on the peti ti on.
Fai I ure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
datertime 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. Reale be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
4

r '
f
If you have any questions, please carted Cheng Zhang with the Division of Water Resources staff of the Raleigh
Regional Officeat(919)791-4200 or via email [e-mail].
s y,
for S.Jay Zi man,P.G.
Acting Director,Division of Water Resources, NCDENR
By DanrrySmith, ftional Supervisor
Water Quality Regional Operations Section
Rai ei gh Regi onal Offi ce
Division of Water Resources, NCDENR
ATTACHMENTS
Cc. WQS Raleigh Regional Office-Enforcement File (w/attachments)
NPDESComp!iance+Enforcement Unit-Enforcement File (w/attachments)
Central Fi I es,Water Qual ity Sedi on (w/attachments)
5

ATTACHMENT A
Town of Fuquay-Varina
CASE NUMBER: LV-2015-0011
PERMIT: NCO066150 FACILITY: Brighton Forest WWTP COUNTY: Wake REGION: Raleigh
Limit Violations
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 5-2014 001 Effluent NH3-N-Conc 5131114 3 X week mgll 2 2.40 20.4 Monthly Average Exceeded

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0011 County: Wake
Assessed Party: Town of Fuquay-Varina
Permit No.: NC0066150 Amount A $322.48
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 Factsr form to request remission of
this civil penalty. You should attach any documarts that you believe support your request and are necessary for the
D i rector 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
messed. 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 anent 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 apply.
R ease check each factor that you bel i eve applies to your case and provide a detai I ed explanation, including copies of
supporting documents,alto why the factor"ies(attach additional pages as needed).
I
(a) one or more of the civil penalty assessment factors in N.C.G.& 143B-282.1(b) were wrongfully applied to
the detri meet of the peti tioner(the assessment factors are listed in the civi I penalty assessment document);
(b) the violator promptly abated continuing environmentai damage resulting from the violation (Le:, e0ain the
steps that you took to correct theviolation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e:, eDplain why the violation was unavoidable or
somethi rig you could not prevent or prepare for);
(d) the vi olator had not been messed d vi I penal ti es for any previ ous vi ol ati ons;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le:, 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 WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RI GHT TO AN
OF CIVIL PENALTIES AGAINST ) ADM I NI STRATIVE HEARI NG AND
STI PULATI ON OF FACTS
Town of Fuquay-Varina )
Brighton Forest WWTP )
PERMIT NO.NC0066150 ) CASE NO. LV-2015-0011
Having been assessed civil penalties totaling $322.48 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 23. 2015, the undersigned, desiring to seek remission of the civil penalty,
does hereby wave 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 ail evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources 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.
Thi s the day of 20
SIGNATURE
ADDRESS
TELEPHONE
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