NC0086819_LV-2019-0048_20190315

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Brunswick County
Facility Name: Northeast Brunswick Regional WWTP
Permit Number: NCO086819
County: Brunswick
Case Number: LV-2019-0048
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;
The degree and extent of harm has not been quantified. Higher than normal flows at the facility might be indicative of
collection system problems that should be addressed. Flow through the facility approached the as -built flow permitted limit
of 2.475 MGD for most of 2018, with an average for the calendar year of 2.28 MGD which is 92% above the as -built limit.
2) The duration and gravity of the violation;
The December 2018 DMR shows that the violation was for the flow monthly average.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown. The permittee needs to accelerate the implementation of corrective actions
that provide prompt solutions to the increasing flow through the facility.
5) The amount of money saved by noncompliance;
Unknown. See question 4.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was committed willfully or intentionally. Permittee's response letter to NOV-2019-
LV-0035, dated February 4th 2019, indicates that the violation occurred as a consequence of extreme precipitation
conditions during 2018, that in turn caused high 1/I in the collection system which is mostly conveyed by gravity.
WiRO acknowledges the record precipitation in 2018. However, the analysis of the facility's 2018 monthly average flows
indicates that the facility -although very close to the permitted limit of 2.475 MGD- maintained a monthly flow below the
limit, even in the months of the highest precipitation records (from June through September 2018, the average monthly flow
was 2.4 MGD; October flow-- 2.14 MGD, November flow= 2.34 MGD).
The enclosed table also shows that the average flow for 2016, 2017, and 2018 calendar years have been constantly
increasing (1.85 MGD, 1.94 MGD, and 2.28 MGD, respectively). The percent increase from 2017 to 2018 averaged 18%.
The permittee needs to address the following questions to implement a solution to this escalating situation: How much of
the influent is 1/1 flow and how much is domestic wastewater? How much of the wastewater is due to new connections?
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
The facility has zero previous enforcement actions in the preceding 12-month period.
8) The cost to the State of the enforcement procedures. DocuSigned by:
$137.75 03/15/2019 �Av" � 64
E3ABA14AC7DC434...
Date Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

NC0086819- Northeast Brunswick Regional WWTP
Flow through conduit (period: 2016-2018)
Month
Year
Flow
(MGD)
Average flow
previous12-
months
% flow
above
permitted limit
1
2016
2.130
2
2016
2.357
3
2016
1.817
4
2016
1.613
5
2016
1.511
6
2016
1.554
7
2016
1.623
8
2016
1.501
9
2016
2.076
10
2016
2.357
11
2016
1.825
12
2016
1.911
1.851
74.8
1
2017
1.917
2
2017
1.773
3
2017
1.698
4
2017
1.952
5
2017
1.852
6
2017
1.766
7
2017
1.991
8
2017
2.368
9
2017
2.358
10
2017
1.877
11
2017
1.848
12
2017
1.906
1.942
78.5
1
2018
2.168
2
2018
2.201
3
2018
2.080
4
2018
2.063
5
2018
2.113
6
2018
2.364
7
2018
2.415
8
2018
2.395
9
2018
2.421
10
2018
2.138
11
2018
2.339
12
2018
2.723
2.285
92.3
1
2019
2.276
2
2019
2.022

ROY COOPER
cowmv
K41CHAEL S. REGAN
Secretary
LINDA CULPEPPER
c'rortor
Certified Mail # 70171450 0000 3937 3455
Return Receipt Requested
Ann B Hardy
Brunswick County
PO Box 249
Bolivia, NC 28422-0249
NORTH CAROL INA
Environmental Qual"
March 15, 2019
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. NCO086819
Brunswick County
Northeast Brunswick Regional WWTP
Case No. LV-2019-0048
Brunswick County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,637.75 ($1,500.00 civil
penalty + $137.75 enforcement costs) against Brunswick County.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Brunswick County for the month of December 2018. 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. NC0086819.
The violations, which occurred in December 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Brunswick County violated the terms, conditions or
requirements of NPDES WW Permit No. NCO086819 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 Caroi.na Department of fnviroameatai QuaRv I Division of Water Resources
Wlmington Re&aslOffice 1127 Card'InsiDrive fxtensian I Wilmington, North Csro:ina23405
S10-7M-7215

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, Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment
against Brunswick County:
1 500.00 1 of 1 violation of G.S. 143-215.l(a)(6) and Permit No. NC0086819, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Flow, in conduit or thru
treatment plant
$1,500.00 TOTAL CIVIL PENALTY
$137.75 Enforcement Costs
$1,637.75 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 thirt(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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 § 15013-23.2) 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: [phone]
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 Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by: w��
E3ABA14AC7DC434...
Morella Sanchez -King, 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-2019-0048 County: Brunswick
Assessed Party: Brunswick County
Permit No.: NC0086819 Amount Assessed: $1,637.75
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 QUALITY
COUNTY OF BRUNSWICK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Brunswick County )
Northeast Brunswick Regional WWTP )
PERMIT NO. NCO086819 ) CASE NO. LV-2019-0048
Having been assessed civil penalties totaling $1,637.75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 15, 2019, 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
TELEPHONE

ATTACHMENT A
Brunswick County
CASE NUMBER: LV-2019-0048
PERMIT: NCO086819 REGION: Wilmington
FACILITY: Northeast Brunswick Regional WWTP COUNTY: Brunswick
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
12/31/2018 12-2018 Flow, in conduit orthru Continuous mgd 2.48 2.7233 10.0 Monthly $1,500.00
treatment plant Average
Exceeded