NC0021504_LV-2018-0203_20180830

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Biscoe
Facility Name: Biscoe WWTP
Permit Number: NCO021504 RECEIVED/DENR/DWR
County: Montgomery AUG ® 201$
Case Number: LV-2018-0203
Water resources
ASSESSMENT FACTORS Permitting Section
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; No lasting harm to the natural resources of the State, to the public health, or any
damage to private property was reported due to these violations.
2) The duration and gravity of the violation; This facility had four violations. There is one weekly Ammonia violation,
one weekly Total Suspended Solids violation, one monthly Ammonia violation and one monthly Total Suspended Solids
violation that are being assessed in this civil penalty.
3) The effect on ground or surface water quantity or quality or on air quality; No observed effect on surface water
quantity or quality has been documented from these violations.
4) The cost of rectifying the damage; At this time, a cost cannot be determined.
5) The amount of money saved by noncompliance; It is not apparent that any money was saved from this non-compliance
event.
6) Whether the violation was committed willfully or intentionally; It is the opinion of the FRO that his violation was not
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; This facility has had no prior assessments within
the past twelve months.
8) The cost to the State of the enforcement procedures.
$128.28
9/�2 Lill g na
Date Mark Brantley, AsX Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

Ray, CAPE R !�ARQIJNA
NUCHA—EL S- AWYai
Certified Mail # 7012 3050 000193991178
Return Receipt Requested
August 17, 2018
Sam Stewart, Public Works Superintendent
Town of Biscoe
PO Box 1228
Biscoe, NC 27209-1228
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 WW Permit No. NCO021504
Town of Biscoe
Biscoe WWTP
Montgomery County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,128.28 ($2,000.00 civil
penalty + $128.28 enforcement costs) against Town of Biscoe.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Biscoe for the month of November 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. NC0021504.
The violations, which occurred in November 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Biscoe violated the terms, conditions or
requirements of NPDES WW Permit No. NCO021504 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).
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300

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:
whether -one -or more-ofhe-civil-penaltyassessment-factors-in NCGS 1-43-B=282 Y(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 (30) dgys 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 hearine 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
-- — Tel:—( -19)-43-1-3000---
Fax: [phone]
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 Hughie White or myself with the Division of Water Resources staff of the Fayetteville
Regional Office at [phone].
- - , .. - - Sincerely, _. .
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Fayetteville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2018-0203 County: Montgomery
Town of Biscoe
NC0021504
Amount Assessed: $2,128.28
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 preventyou from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MONTGOMERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Biscoe )
Biscoe WWTP
PERMIT NO. NCO021504 ) CASE NO. LV-2018-0203
Having been assessed civil penalties totaling $2,128.28 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 17, 2018, 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 (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
20
SIGNATURE
--- — -- -- ADDRESS- - -----------
TELEPHONE

PERMIT:
NCO021504
FACILITY:
Biscoe WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Date
Month/Yr Parameter
11/25/2017
11-2017 • Nitrogen, Ammonia
Total (as N) -
Concentration
ATTACHMENT A
Town of Biscoe
CASE NUMBER: LV-2018-0203
REGION: Fayetteville
COUNTY: Montgomery
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
Weekly mg/I 18 40 122.2 Weekly
Average
Exceeded
Penalty
Amount
$260.00
11/30/2017 11-2017 Nitrogen, Ammonia Weekly mg/l 6 10.48 74.6 Monthly $750.00
Total (as N) - Average
Concentration Exceeded
11/18/2017 11-2017 Solids, Total Weekly mg/I 45 75 66.7 Weekly $250.00
Suspended- Average
Concentration Exceeded
11/30/2017 11-2017 Solids, Total Weekly mg/1 30 37.25 24.2 Monthly $750.00
Suspended- Average
Concentration Exceeded

NPDES PERMIT NO.: NCO021504
FAeff1PV--NAME: Biscoe WWTP
OWNER NAME: Town of Biscoe
GRADE: WW-3
eDMR PERIOD: 11-2017 (November 2017)
PERMIT VERSION: 4.0
CLASS: WW-2
PERMIT STATUS: Active
COUNTY: Montgomery
t� ,erg 11.
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ORC: Thomas Reid McAlister
CERT NUMBER: 1002582
ORC HAS CHANGED: No
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VERSION: 1.0
1 ` STATUS: Processed
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SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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