NC0028827_Settlement Agreement_20190730

STATE:b
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t ROY COOPER
W,- y�1 s�
Governor
F ) n MICHAEL S.REGAN
L 'r Secretary
. '` Itif P- LINDA CULPEPPER
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+a�,,w� Director
NORTH CAROL!NA
Environmental Quality
July 30, 2019
CERTIFIED MAIL 7018 1830 0001 8037 0076-RETURN RECEIPT REQUESTED
Mr. Tom Gatewood, Management President
Snug Harbor Management LLC
PO Box 150
Sealevel,NC 28577-0150
Subject: Settlement Agreement for NPDES Permit NC0028827
Dear Mr. Gatewood,
Please find attached a copy of the signed Settlement Agreement for NPDES Permit NC0028827
for the following enforcement cases: LR-2019-0003, LR-2019-0002, LR-2019-0001, MV-2019-
0003, MV-2019-0004, MV-2019-0005, LM-2019-0007, MV-2019-0006, MV-2019-0007, MV-
2018-0018, MV-2018-0017, MV-2018-0012, LV-2017-0201.
If you have any questions, please contact Dean Hunkele at 910-796-7380 or via email
[[e-mail]].
Since ly,
/J r
G-
Linda Culpepper Lam``
Director
Division of Water Resources
cc: NPDES files
WilmingtonRegional Office
•
D_EQ
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9100

NPDES Permit NC0028827
Settlement Agreement
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CARTERET
IN THE MATTER OF )
NORTH CAROLINA ) SETTLEMENT AGREEMENT
NPDES PERMIT NC0028827 )
HELD BY SNUG HARBOR MANAGEMENT LLC)
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement is entered into by Snug Harbor Management LLC and the North Carolina
Environmental Management Commission, an agency of the State of North Carolina created by
N.C. General Statute § 143B-282, and hereinafter referred to as the Commission:
1. Snug Harbor Management LLC and the Commission hereby agree to the following findings:
(a.) Snug Harbor Management LLC holds North Carolina NPDES permit NC0028827 for
operation of the Snug Harbor on Nelson Bay wastewater treatment plant (WWTP) and
for making an outlet therefrom for the discharge of treated wastewater to Salters Creek,
currently Class SC waters of this State in the White Oak River Basin.
(b.) Effluent limits included as terms of NPDES permit NC0028227 have been established
as those concentrations of pollutants that may be discharged into the receiving stream
without causing applicable water quality standards to be contravened.
(c.) Snug Harbor Management LLC has been noncompliant with the effluent limits and
reporting requirements contained in NPDES permit NC0028227 in the manner and to
the extent described in paragraph (d.) and Attachment A to this Agreement. Reported
violations of effluent limits and monitoring requirements have persisted from July 2017
through January 2019.
(d.) Snug Harbor Management LLC has been assessed penalties totaling $12,179.75 for
effluent limit and reporting violations that occurred from July 2017 through January
2019. Of that total, nothing has yet been remitted (reduced/removed), leaving an
outstanding assessed civil penalties balance of$12,179.75, as summarized in the table
below.
Page 1 of 3

NPDES Permit NC0028827
Settlement Agreement
DATE CASE NUMBER CIVIL ENFORCEMENT TOTAL
PENALTY COST AMOUNT
AMOUNT
1/22/2019 LR-2019-0003 - $500.00 $100.00 $600.00
1/22/2019 LR-2019-0002 $500.00 $100.00 $600.00
1/22/2019 LR-2019-0001 $500.00 $100.00 _ - $600.00
1/8/2019 MV-2019-0003 $1,280.00 $137.75 $1,417.75
1/8/2.019 MV-2019-0004 _ $1,520.00 $137.75 ,$1,657.75
1/8/2019 MV-2019-0005 $955.00 $137.75 $1,092.75
1/8/2019 LM=2019-0007 $785.00 $137.75 $922.75
1/8/2019 MV-2019-0006 $1,217.75 $137.75 $1,355.50
1/8/2019 MV-2019-0007 $760.00 $137.75 - ---- 7$897.75
10/26/2018 MV-2018-0018 $920.00 $137.75 $1,057.75
l 10/26/2018 MV-2018-0017 -__ -$760.00 $137.75 $897.75
6/19/2018 MV-2018-0012 $375.00 $137.75 $512.75
`=e �__-___-____.-_2____ _--__-- . - 1
7/7/2017 LV-2017-0201 $450.00 $117.25 $567.25-
Total Penalties $12,179.75
(e.) Following an on-site inspection by regional staff from the Wilmington Regional Office
in February 2019 and actions taken by the facility prior to and continuing afterwards in
addition to a review of revised monthly monitoring reports submitted by the facility,the
Division's regional office is recommending a significant reduction in the civil penalty
balance while retaining all enforcement costs.
2. In order to facilitate resolution of the matters of outstanding civil penalties and unassessed
violations documented in paragraph 1. (d.) above, the Commission and Snug Harbor
Management LLC agree to settle the above described penalties and violations for the total
amount of$4,794.75. Payment shall be made by check made payable to the North Carolina
Department of Environmental Quality within 15 days of the execution of this Agreement,
and sent to the following address:
Attn: John Hennessy, Supervisor
Compliance&Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all
outstanding civil penalties assessed prior to the execution of this Agreement and resolve
all unaddressed violations occurring prior to the execution of this Agreement.
3. Nothing in this Agreement relieves Snug Harbor Management LLC of its duty to abide by
the terms of NPDES permit NC0028827. Noncompliance with the terms of the NPDES may
subject Snug Harbor Management LLC to the assessment of additional civil penalties during
the time this Agreement is in effect.
Page 2 of 3

NPDES Permit NC0028827
Settlement Agreement
4. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made, completed or submitted by the dates specified. The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held
entirely by Snug Harbor Management LLC.
5. Because this is an Agreement between the Commission and Snug Harbor Management LLC,
neither party will file a petition for a contested case or for judicial review concerning its
terms.
For the Snug Harbor Management LLC:
Date
Tom Gatewood
Management President
For the North Carolina Environmental Management Commission:
Date
Linda Culpepper
Director
North Carolina Division of Water Resources
for the Chair of the Commission
Page 3 of 3