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NC0031828_LV-2019-0072 CPA w GC_20190329
ROY COOPER Governor MICHAEL S. REGAN 5enerary LINDA CULPEPPER Director Certified Mail #7018 2290 0001 8043 7439 Return Receipt Requested Chad Braxton Town of Vanceboro PO Box 306 Vanceboro, NC 28586-0306 NORTH CAROLINA ,Environmental Quality March 29, 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. NCO031828 Town of Vanceboro Vanceboro WWTP Case No. LV-2019-0072 Craven County Dear Mr. Braxton: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,558.00 ($3,500.00 civil penalty + $58.00 enforcement costs) against Town of Vanceboro. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Vanceboro for the month of October 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. NC0031828. The violations, which occurred in October 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Vanceboro violated the terms, conditions or requirements of NPDES WW Permit No. NCO031828 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 Car -Dina Department of Envrrofinenta Qua-2y I D-vson of Water Resouroes Washington Regionai Dffce 1 943VVash ngtor 5auare hia, I Wash;rgtoa, North Caro -ma 27989 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, David May, Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Town of Vanceboro: 750.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0031828, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg. C) - Concentration 750.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0031828, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration 750.00 1 of 1 violations of G.S. 143-215.l(a)(6) and Permit No. NC0031828, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Phosphorus, Total (as P) - Concentration 500.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0031828, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD, 5-Day (20 Deg. C) - Concentration 750.00 3 of 3 violations of G.S. 143-215.l(a)(6) and Permit No. NC0031828, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia Total (as N) - Concentration 3 500.00 TOTAL CIVIL PENALTY $58.00 Enforcement Costs 3 558.00 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.I(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 14313-282.1(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 (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 hearinz with the Office of Administrative Hearines: 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 byNCGS §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 filingprocess. 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 Stewart White with the Division of Water Resources staff of the Washington Regional Office at (252) 948-3940 or via email at stewart.white@ncdenr.gov. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Washington Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2019-0072 County: Craven Assessed Party: Town of Vanceboro Permit No.: NC0031828 Amount Assessed: $3,558.00 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 CRAVEN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Vanceboro ) Vanceboro WWTP ) PERMIT NO. NCO031828 ) CASE NO. LV-2019-0072 Having been assessed civil penalties totaling $3,558.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated 3/29/2019 , 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 ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Town of Vanceboro CASE NUMBER: LV-2019-0072 PERMIT: NCO031828 REGION: Washington FACILITY: Vanceboro WWTP COUNTY: Craven LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 10/6/2018 10-2018 BOD, 5-Day (20 Deg. Weekly mg/l 7.50 17 126.7 Weekly $250.00 C) - Concentration Average Exceeded 10/13/2018 10-2018 BOD, 5-Day (20 Deg. Weekly mg/l 7.50 13 73.3 Weekly $250.00 C) - Concentration Average Exceeded 10/31/2018 10-2018 BOD, 5-Day (20 Deg. Weekly mg/l 5 10 100.0 Monthly $750.00 C) - Concentration Average Exceeded 10/6/2018 10-2018 Nitrogen, Ammonia Weekly mg/I 6 17.3 188.3 Weekly $250.00 Total (as N) - Average Concentration Exceeded 10/13/2018 10-2018 Nitrogen, Ammonia Weekly mg/I 6 16 166.7 Weekly $250.00 Total (as N) - Average Concentration Exceeded 10/27/2018 10-2018 Nitrogen, Ammonia Weekly mg/1 6 13.3 121.7 Weekly $250.00 Total (as N) - Average Concentration Exceeded 10/31/2018 10-2018 Nitrogen, Ammonia Weekly mg/l 2 11.94 497.0 Monthly $750.00 Total (as N) - Average Concentration Exceeded 10/31/2018 10-2018 Phosphorus, Total (as Monthly mg/1 1 1.33 33.0 Monthly $750.00 P) - Concentration Average Exceeded • Complete items 1, 2, and 3. A. Sign ure ■ Print your name and address on the reverse �7g%4 Agent so that we can return the card to you. C Addressee ■ Attach this card to the back of the mailpiece, Received by eQame) e livery _ or on the front if space permits. L it V1 �11 y / Yl Article Addressed to: Chad Braxton Town of Vanceboro PO Box 306 Vanceboro, NC 28586-0306 D. Is delivery address different frb If YES, enter delivery address Apk 0 ,'titer 8 204g Oryper QUA rtY 5i o 9e Yes No I I I I I III II I I II I I IIIIJjl 11 I 111l III I I 3. Service Type "'179/ ❑ Priority Mail Express© O Adult Signature �G� Registered Mai1T"' ❑ A Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4208 8121 0770 51 Certified Mail@ Delivery � Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 9- Article Number (rransfer from service label) ❑Collect on Delivery Restricted Delivery ❑ Signature Confirmation- rJ Insured Mail ❑ Signature Confirmation 7 018 2290 0001 8043 7439 1 Insured Mail Restricted Delivery Restricted Delivery - - (over $500) Domestic Return Receipt USP$.,TACKrl6 # ` First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 4208 8121 0770 51 United a es • Sender: Please print your name, address, and ZIP+4® in this box* Postal Service NCDEQ DIVISION OF WATER RESOURCES WATER QUALITY OPERATIONS SECTION 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27889 If1111'lIIJ'11,111,111n#111/Jil0I'11/1III, a- Domestic vA m _r Certified Mail Fee $ J c (I I I Q O co g 49 RA 14 F�ctr Services & Fees (check bar, add lee te) Retum Receipt (hardcopY) $I III I Return Receipt (electronic) $Ie •fain Postmark ❑ Certified Mail Restricted Delivery $ — Here O O ❑Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ C3 Hostage $II,?II nj C 14/02/2019 nJ ? , 01-1 ro G Chad Braxton � `a Town of Vanceboro a� a"' �o f` PO Box 306 `� 1 ' °3 ------------------ Vanceboro, NC 28586-0306 Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail label). for an electronic return receipt, see a retail ■ A unique identifier for your mailpiece. associate for assistance. To receive a duplicate ■ Electronic verification of delivery or attempted return receipt for no additional fee, presefa this delivery. USPS®-postmarked Certified Mail receipt to the ■ A record of delivery (Including the recipients retail associate. signature) that is retained by the Postal Service' Restricted delivery service, which provides for a specified period. delivery to the addressee specified by name, or to the addressee's authorized agent. Important Reminders: Adult signature service, which requires the in You may purchase Certified Mail service with signee to be at least 21 years of age (not First -Class Mail®, First -Class Package Service®, available at retail). or Priority WHO service. Adult signature restricted delivery service, which ■ Certified Mail service is notavailable for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified • insurance coverage is notavailable for purchase by name, or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardoopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Retum Receiptattach PS Form 3811 to your mailpiece; in To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office- for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barooded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. IMPORTANT! Saw this receipt for your records. Ps Form 3800, April 2015 (Reverse) PSN 7530-02.000-9047