HomeMy WebLinkAboutNC0021865_LV20170317_20171115ROY COOPER
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Certified Mail # 7013 2630 0002 1133 9304
Return Receipt Requested
November 15, 2017
James Trey Burke RECEIVED11CD'EQ1 MNR
Town of Chadbourn
602 N Brown St NOV 21 2017
Chadboum, NC 28431 VVater QualitY
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1 er rnitttlIg : Ctlon
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G S ) 143-215 1(a)(6)
and N-PDES WW Permit No NCO021865
Town of Chadbourn
Chadbourn WWTP
Case No LV -2017-0317
Columbus County
Dear Permittee
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,137 75 ($1,000 00 civil penalty
+ $137 75 enforcement costs) against Town of Chadbourn
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Chadbourn for the month of May 2017 This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No NCO021865 The
violations, which occurred in May 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Town of Chadbourn violated the terms, conditions or
requirements of NPDES WW Permit No N00021865 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 Environmental Quality and the Director of the Division of Water Resources, I, Morella Sanchez King,
Asst. Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Town of
Chadbourn
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
S75000 1 of the 1 violations of 143-215 1(a)(6) and Permit No NC0021865, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Cone
S25000 1 of the 2 violations of 143-215 I (a)(6) and PermitNo NC0021865, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc
51.000 00 TOTAL CML PE? ALTX
$13775 Enforcement Costs
S1,13775 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 (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 Environmental Quality (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
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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 Q 0) 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
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearinI4 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 in 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
6714 Mail Service Center
Raleigh; NC 27699 6714
Tel (919) 431-3000
Fax (919) 431-3100
One (1) copy of the petition must also be served on DEQ as follows
Mr William F Lane, General Counsel
Department of Environmental Quality
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 dean hunkele@ncdenr gov
Si
M
Asst Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0317
Assessed Party- Town of Chadbourn
Permit No.: NC0021865
County: Columbus
Amount Assessed: $1,13775
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 apply 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 ENVIRONMENTAL QtiALITY
COUNTY OF COLUMBUS
IIT THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMLNISTRATIVE HEAR[ G AND
STIPULATION OF FACTS
Town of Chadbourn )
Chadbourn WWTP 1
PERMIT NO NCO021865 ) CASE NO. LV -2017-0317
Having been assessed civil penalties totaling $1,137 75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 15, 2017, 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 Resources within thirty (3 0) 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
Town of Chadbourn
CASE NUMBER- LV -2017-0317
PERMIT•
NCO021865
REGION-
Wilmington
FACILITY
Chadbourn!ilWTP
COUNTY-
Columbus
LIMIT VIOLATION(S)
SAMPLE LOCATION
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
5/20/2017
5-2017
BOD, 5 -Day (20 Deg
3 X week
mg/1
750
853 138
Weekly
$000
C) - Concentration
Average
Exceeded
5/27/2017
5-2017
BOD, 5 -Day (20 Deg
3 X week
mg/I
750
1347 796
Weekly
$25000
C) - Concentration
Average
Exceeded
5/31/2017
5-2017
BOD, 5 -Day (20 Deg
3 X week
mg/I
5
847 694
Monthly
$75000
C) - Concentration
Average
Exceeded
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Chadbourn
Facility Name: Chadbourn WWTP
Permit Number: NCO021865
County: Columbus
Case Number: LV -2017-0317
ASSESSMENT FACTORS
1) 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;
The degree and extent of harm has not been quantified, however, high BOD concentrations in
wastewater effluent can lead to degradation of the receiving stream (eutrophication, oxygen
depletion, harmful effects on aquatic life, etc) The receiving stream is Soules Swamp (Class
C) Swamp water in the Lumber River Basin
2) The duration and gravity of the violation;
The facility exceeded the BOD; weekly average twice (---14% and 80% above limit) and BODS
monthly average (-69% above limit) in May 2017
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on ground or surface water quantity or quality have not been evaluated
4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was committed willfully or intentionally However,
facility has prior violations for the same parameters
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
In the preceding 12 -month period, BIMS database shows that the facility has 2 previous
enforcement actions
8) The cost to the State of the enforcement procedures.
$137.75
Date Morella Sanchez King, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Wo ter- Resources
CN'4gkvi,t;EMiAL WAUTY
Certified ed Malpp 0529 -
Return Receipt Reg ested
James Trey Burke
Town of Chadbourn
602 N Brown St
Chadbourn, NC 28431
SUBJECT: NOTECE OF VHOLATRON & pINTENT TO ASSESS CHVHL>= PENALTY
Tracking Number: NOV-2017-LV-0509
Permit No. NCO021865
Chadbourn WWTP
Columbus County
Dear Permittee:
R01 (COOPER
cnl" rnp.
MICHAEL }, RECAN
4QPPMIIV
S [Ali, e 1MNIERNI;'' N
13.r''r
A review of the May 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit fExcceedance Vio�atuonfsl:
SSamp lle
Limit
Reported
Location
Parameter
Date
VaWe
VaWe
Type of duollatuon
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/20/2017
7.5
8.53
Weekly Average Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/27/2017
7.5
13.47
Weekly Average Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/31/2017
5
8.47
Monthly Average Exceeded
Concentration (C0310)
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 WW 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
fads to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
If you wish to provide additional information regarding the noted violation, request to-chnical 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 Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations Eff no
response us rcecceove p 5n thus O focco witNn the 10 -day pceroodl, al dwH pacenalltty 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 If the 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
Remradar- 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 limit violations, bypasses of, or failure of a 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.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
� P
James' H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc. WQS Wilmington Regional Office - Enforcement File
Central Files, WQS
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
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® Attach this card to the back of the mallplece,
or on the front if space permits
1 Article Addressed to
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1111111111 H 111 1I 119ISI 1III
9590 9402 2978 7094 6151 90
2 Article Number (Transfer from service label)
7010 0290 0003 0833 9472
PS Form 3811, July 2015 PSN 7530-02-000-9053
A. �F
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If YES, enter delivery addres below ❑ No
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Restricted Delivery
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Domestic Return Receipt
Water Resources
FNVIRONKENTAL QL1ALrY
(CerEtiffied Maill # 7013 2530 0002 111133 8529
Return Receipt Peguested
July 17, 2017
James Trey Burke
Town of Chadbourn
602 N Brown St
Chadbourn, NC 28431
SUBJECT NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number NOV-2017-LV-0509
Permit No NCO021865
Chadbourn WW -FP
Columbus County
Dear Permittee
P,O)` COOPER.
fev03nor
MICHAEL S. RECAN
,fit Lletary
5, JAY ZIMMER,l'R'iAN
Dire o,f,
A review of the May 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below -
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location
parameter
Date
Valve
Value
Type of Violation
001 Effluent
BOD, 5 -Day (20 Deg C) -
5/20/2017
7 5
853
Weekly Average Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/27/2017
7.5
13 47
Weekly Average Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg C) -
5/31/2017
5
847
Monthly Average Exceeded
Concentration (C0310)
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 WW 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.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
If you wish to provide additional information regarding the noted violation, request technical assistance, Ory,
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 Monitoring
Report(s) You will then be notified of any civil penalties that may be assessed regarding the violations Hf no
response is received in this Office within the 10 -day peHodi, a civill penalltty 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 If the 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 limit violations, bypasses of, or failure of a 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
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215
Sincerely,
James' H Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc WQS Wilmington Regional Office - Enforcement File
Central Files, WQS
State of North Carolina l Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
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