NC0020389_Enforcement Final Decision (PC-2018-0019)_20191002

JOSH STEIN
ATTORNEY GENERAL
Mr. Fred Nelson
Interim Town Manager
Town of Benson
Post Office Box 69
Benson, NC 27504
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
October 2, 2019
REPLY TO:
ELIZABETH J. WEESE
ENVIRONMENTAL DIVISION
[e-mail]
[phone]
Certified Mail/Return Receipt Requested
Return Receipt No. 7002 3150 0000 1312 7253
Re: Final Decision on Assessment of Civil Penalty against the Town of Benson
DWR PC-2018-0019
Dear Mr. Nelson:
Enclosed is the Final Agency Decision of the Environmental Management Commission
assessing a civil penalty and investigative costs against the Town of Benson totaling $57,608.90.
According to North Carolina General Statutes § 143-215.5 and § 15013-45, you may seek judicial
review of the Commission's decision in the appropriate Superior Court by filing a petition within
30 days of receipt of the written copy of the Final Agency Decision. A copy of the judicial review
petition must be served on the Commission's agent for service of process at the following address:
William F. Lane, General Counsel
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead.
If you do not appeal the Final Agency Decision, payment must be submitted to the
Department of Environmental Quality within 30 days of receipt of this final agency decision by
mailing a check made payable to the Department of Environmental Quality to:
Mr. John Hennessy, Supervisor
NC DEQ-DWR
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
WWW.NCDOJ.GOV 114 W. EDENTON STREET, RALEIGH, NC 27603 919.716.6600
P. O. Box 629, RALEIGH, NC 27602

Mr. Fred Nelson
Interim Town Manager
Town of Benson
Page 2
If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commenced in Superior
Court.
Sincerely,
Liza th . Weese
Assistant Attorney General
cc: Dr. A. Stanly Meiburg, Chairman, EMC (electronically)
R. Isaac Parker, Esq. Benson Town Attorney (US Postal Service)
Lois Thomas -Spence, Recording Clerk, EMC (electronically)
Linda Culpepper (electronically)
John Hennessy (electronically)
Rick Bolich (electronically)
Brianna Young (electronically)
W W W.NCDOJ.GOV 114 W. EDENTON STREET, RALEIGH, NC 27603 919.716.6600
P. O. Box 629, RALEIGH, NC 27602

STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT }
OF CIVIL PENALTIES AGAINST: )
THE TOWN OF BENSON FOR )
VIOLATIONS OF NPDES PERMIT NO. )
NCO020389 AND 15 NCAC 2T }
.0505(D). )
BEFORE THE GROUP ONE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
PC-2018-0019
FINAL DECISION
THIS MATTER came before the Group One Civil Penalty Remissions Committee
("Committee") of the Environmental Management Commission, pursuant to N.C.G.S. §143-
215.6A and §143B-282.1, on September 19, 2019, for entry of a final agency decision on the
assessment of civil penalties and investigation costs against the Town of Benson ("Town")
totaling Fifty -Seven Thousand Six Hundred and Eight Dollars and Ninety Cents ($57,608.90).
The Town was assessed penalties for eight violations of National Pollutant Discharge
Elimination System ("NPDES") permit NCO0220389 and two violations of 15A NCAC 2T
.0505(d). The Town has been assessed nine civil penalties during the five years prior to the
assessment of the current penalty. The civil penalty assessment document is attached and
incorporated by reference as Attachment A.
FACTUAL AND PROCEDURAL FINDINGS
1. The Town of Benson is responsible for the operation of the Benson Wastewater
Treatment Plant ("WWTP"). The Benson WWTP, which includes a three million gallon
concrete lined sludge lagoon, is subject to the conditions in its NPDES Permit No. NCO020389
and to the requirements of 15A NCAC 2T .0505(d).

2. On June 15, 2018, DWR staff responded to an anonymous complaint of an overflow of
sludge from the three -million gallon sludge lagoon at the WWTP. During this site inspection
DWR staff saw a large amount of sludge and debris on the ground. The sludge was coursing
down slope to the fence line of the WWTP area. Sludge was also piled/scraped up between the
sludge lagoon and a small equalization pond. Thick vegetation was seen growing in the sludge
lagoon and the small pond.
3. On June 21, 2018, staff from the Department of Environmental Quality's ("DEQ")
Division of Water Resources ("DWR") conducted a Compliance Evaluation Inspection of the
WWTP during which additional operational and maintenance deficiencies were observed.
4. Based on documentation from these two inspections, DWR assessed a civil penalty of
$57,608.90 against the Town.
5. The civil penalty was based on eight violations of the Town's wastewater treatment plant
NPDES Permit No. NC0020389 and two violations of 15A NCAC 2T .0505(d).
6. The violations included: failing to minimize or prevent the release of sludge from the
wastewater treatment plant on June 15, 2018; failing to properly operate and maintain the
wastewater treatment plant to prevent the release of sludge on June 15, 2018; having several
treatment units and equipment out of service on June 21, 2018; failing to properly dispose of
sludge on June 15, 2018; failing to daily record the freeboard levels in two EQ basins; failing to
collect flow samples proportionally over a 24 hour period; failing to report the release of sludge
from the wastewater treatment plant within 24 hours from the time of becoming aware of the
release of sludge; failing to provide an annual report to the users/customers served by the Town;
and failing to operate the 3 million gallon concrete lined sludge lagoon with at least two feet of
freeboard on June, 15, 2018 and June 21, 2018.
2

7. On February 28, 2019, DWR received a request for remission of the assessed civil
penalty from the Town, including a "Justification for Remission Request" and the Town's
"Waiver of Right to an Administrative Hearing and Stipulation of Facts."
8. The Director of DWR considered the Town's request for remission of the assessed
penalty and the justifications submitted by the Town as well as the required statutory factors, and
found no grounds to reduce the civil penalty assessment.
9. The Town's request for remission was considered by the Civil Penalty Remissions
Committee on September 19, 2019. R. Isaac Parker, Esq., appeared on behalf of the Town. Mr.
Parker was accompanied by Tim Robbins, Public Works Director for the Town. Rick Bolich,
Assistant Supervisor, Water Quality Regional Operations Section, Raleigh Regional Office,
spoke on behalf of DWR.
CONCLUSIONS
Having considered the facts contained in the record including the stipulated facts, the oral
presentations and the factors set forth in N.C.G.S. § 14313-282.1(b) and (c), the Civil Penalty
Remissions Committee finds and incorporates herein the facts contained in the DWR's
Assessment of Civil Penalty, as stipulated to by the Town. Additionally, the Committee
concludes that the record supports the Findings of Fact herein. The Findings of Fact in turn
support the Conclusions of Law. The Committee further concludes that the Director properly
considered and applied the factors set forth in N.C.G.S. § 14313-282.1 in considering the request
for remission. Pursuant to N.C.G.S. § 14313-282.1(c), the Committee concludes that no
additional grounds have been shown by Petitioner to support the request for further remission or
reduction of the penalty.
3

Upon duly made motion and vote, the Committee unanimously concludes that the civil
penalty assessment plus investigative costs should be upheld in the full amount of $57,608.90 as
recommended by the Director ($57,000.00 civil penalty, plus $ 608.90 investigation costs).
THEREFORE, IT IS ORDERED AND ADJUDGED that:
1. The assessment of the civil penalty and costs in the total amount of $57,608.90
against the Town of Benson is AFFIRMED.
2. This Final Decision and Order shall be served upon the Town of Benson and upon
receipt hereof, the amount of $57,608.90 shall be paid to the Department of Environmental
Quality within thirty days as required by law.
This the 2nd day of October, 2019.
ENVIRONMENTAL MAGEMENT COMMISSION
F E.4*r/
A or.. ewj..- � W, !IA
Dr. A. Stanly Meiburg, Chairman
Environmental Management Commission
4

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Fred Nelson Certified Mail/Return Receipt Requested
P.O. Box 69 Receipt No.: 7002 3150 0000 1312 7253
Benson, NC 27504
Interim Town Manager
Town of Benson
R. Isaac Parker, Esq.
Office of the Benson Town Attorney
212 East Main Street
Benson, NC 27504
Benson Town Attorney
Linda Culpepper, Director
Division of Water Resources
John Hennessy, Supervisor
Compliance and Expedited Permitting Unit
Division of Water Resources
Richard Edward Bolich
Raleigh Regional Office
Division of Water Resources
Brianna Young, Senior Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
This the 2nd day of October, 2019.
First Class US Postal Service
electronically: Linda. culpepyer(ancdenr.gov
electronically: john.hennessy(cncdenr.gov
electronically: [e-mail]
electronically: brianna.young(i�ncdenngov
l[o7.ow&1# 0
J.
�,ssistf nt Attdaiey General
N.C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602