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Home My WebLink AboutNC0025461_PC20190055_20200103 Certified Mail # 7017 1070 0000 1776 0633 Return Receipt Requested January 03, 2020 Charles Vines Town of Bakersville PO Box 53 Bakersville, NC 28705 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of NC General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0025461 Town of Bakersville Bakersville WWTP Case No. PC-2019-0055 Mitchell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,636.45 ($4,500.00 civil penalty + $136.45 enforcement costs) against Town of Bakersville. This assessment is based upon the following facts: an inspection of the Bakersville WWTP was conducted on July 23, 2019. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NC0025461. This inspection has shown the subject facility to be in violation of the conditions and limitations found in NPDES WW Permit No. NC0025461. The violations found during the inspection are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Bakersville violated the terms, conditions or requirements of NPDES WW Permit No. NC0025461 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). DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 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, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Bakersville: $4,500.00 For 3 of the 5 violations of the conditions and limitations specified in Permit No. NC0025461 . $4,500.00 TOTAL CIVIL PENALTY $136.45 Enforcement Costs $4,636.45 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 DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 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 thirty (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 DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 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 t his 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: (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 Linda Wiggs with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4653 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: ARO Server, LF G:\WR\WQ\Mitchell\Wastewater\Municipal\25461 Bakersville\Enf Docs\20200103_NC0025461_PC20190055_Ltr.docx.rtf DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2019-0055 County: Mitchell Assessed Party: Town of Bakersville Permit No.: NC0025461 Amount Assessed: $4,636.45 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: DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MITCHELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Town of Bakersville ) Bakersville WWTP ) ) PERMIT NO. NC0025461 ) CASE NO. PC-2019-0055 Having been assessed civil penalties totaling $4,636.45 for violation(s) as set forth in the assessment document of the Division of Water Resources dated January 03, 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 ADDRESS ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ TELEPHONE ___________________________________________ DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 ATTACHMENT A Town of Bakersville CASE NUMBER: PC-2019-0055 PERMIT NO: NC0025461 REGION: Asheville FACILITY: Bakersville WWTP COUNTY: Mitchell ________________________________________________________________________________________________________________________________________________________________________________ VIOLATION VIOLATION PENALTY DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT ________________________________________________________________________________________________________________________________________________________________________________ 7/23/2019 Disinfection - UV Violation detected during Effluent had excessive solids TSS 1050 $250.00 inspection mg/l. Fecal Coliform was 14,000/100ml. ________________________________________________________________________________________________________________________________________________________________________________ 7/23/2019 Operations & Maintenance Violation detected during Effluent had excessive solids TSS 1050 $250.00 inspection mg/l. Fecal Coliform was 14,000/100ml. ________________________________________________________________________________________________________________________________________________________________________________ 7/23/2019 Disinfection - UV Violation detected during Effluent trough had solids buildup. $0.00 inspection ________________________________________________________________________________________________________________________________________________________________________________ 7/23/2019 Operations & Maintenance Violation detected during Excessive solids discharging to the $0.00 inspection stream. ________________________________________________________________________________________________________________________________________________________________________________ 7/23/2019 Sequencing Batch Reactors Violation detected during SBR appeared high in solids and was $4,000.00 inspection discharging excessive solids. ________________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: B83EA96A-137F-4835-BE48-B3666F893826 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Bakersville Facility Name: Bakersville WWTP Permit Number: NC0025461 County: Mitchell Case Number: PC-2019-0055 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; Unknown, any discharge above effluent limitations can be detrimental. 2) The duration and gravity of the violation; Unknown; an effluent discharge heavy in solids occurred for at least 45 minutes while the inspector was onsite. 3) The effect on ground or surface water quantity or quality or on air quality; Unknown, any discharge above effluent limitations can be detrimental to water quality. 4) The cost of rectifying the damage; Unknown, a quote submitted by the Town for new Actuator listed $3,484.14. 5) The amount of money saved by noncompliance; Unknown. 6) Whether the violation was committed willfully or intentionally; Unknown. 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 In 2016 there was a Monitoring Violation (NOV-2016-MV-0141). In 2015 there was an inspection NOV issued (NOV-2015-PC-0315). 8) The cost to the State of the enforcement procedures. $136.45 ___________________ __________________________________________ Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ 1/3/2020 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MITCHELL IN THE MATTER OF ) CASE NO. PC-2019-0055 TOWN OF BAKERSVILLE ) BAKERSVILLE WWTP ) FINDINGS AND DECISION ) AND ASSESSMENT OF ) CIVIL PENALTIES FOR VIOLATIONS OF: ) NPDES PERMIT NO. NC0025461 ) ) Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, G. Landon Davidson, Regional Supervisor for the Asheville Regional Office (ARO), of the Division of Water Resources (hereby known as DWR), make the following: I. FINDING OF FACT A. On May 29, 1981, Town of Bakersville was issued NPDES Permit Number NC0025461 for the operation and maintenance of a wastewater treatment plant, with the discharge of treated effluent into Cane Creek, currently classified as C Trout waters in the French Broad River Basin, in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina. B. On Tuesday, July 23, 2019, Linda Wiggs of the Asheville Regional Office (ARO) with the Division of Water Resources (DWR), conducted a water compliance inspection of Bakersville WWTP. While onsite, DWR staff observed that the sequencing batch reactor had high levels of solids and excessive discharge of solids for approximately 45 minutes. C. Effluent samples were taken during the inspection on July 23, 2019, which showed a TSS concentration of 1050 mg/L and fecal coliform concentration of 14,000 /100ml. D. On August 07, 2019, DWR issued a Notice of Violation & Intent to Assess Civil Penalty, NOV- 2019-PC-0574 to Town of Bakersville. The notice included the following violations:  Disinfection – UV: Effluent was discharging excessive solids; TSS 1050/mg/L. Fecal Coliform 14,000/100ml.  Operations and Maintenance: Excessive solids were being discharged to the stream.  Disinfection – UV: Effluent trough had solids buildup.  Sequencing Batch Reactors: SBR appeared high in solids and was discharging excessive solids. E. Town of Bakersville’s response dated August 20, 2019 to the Notice of Violation & Intent to Asses Civil Penalty stated: “The conditions on the date of the inspection were unfavorable due to the heavy volume of rain received in a short amount of time, approximately 2 inches on the date of the inspection. We believe that the excess flow contributed to the unfavorable conditions of the discharge for that day, as well as inflow and infiltration in the collections system.” Additionally, the permittee stated that repairs to the plant are currently underway, to replace a faulty part a (Duff- Norton Actuator) is to be delivered 9/18/2019, which should prevent this issue in the future. F. NPDES PERMIT NO. NC0025461 contains the following relevant permit conditions: NPDES Permit NC0025461 Part I. Section A.1. Effluent Limitations and Monitoring Requirements During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge process wastewater from outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: …Total Suspended Solids (TSS): Daily Maximum 45.0 mg/L …Fecal Coliform (geometric mean): Daily Maximum 400/100 ml NPDES Permit NC0025461 Part II. Section C. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. G. The cost to the State of the enforcement procedures in this matter totaled $136.45. Based upon the above Findings of Fact, I make the following: II. CONCLUSION OF LAW A. The Town of Bakersville is a ‘person’ within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 212 (4). B. Cane Creek located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). C. Town of Bakersville was issued NPDES Permit No. NC0025461 in accordance with G.S. 143- 215.1(a). D. On July 23, 2019, Town of Bakersville violated NPDES Permit NC0025461 Part I. Section A. 1. by discharging effluent which exceeded permit limits for both total suspended solids and fecal coliform into Cane Creek. E. On July 23, 2019, Town of Bakersville violated NPDES Permit NC0025461 Part II. Section C. 2. by failing to properly operate and maintain the wastewater treatment plant by allowing solids to overflow from SBRs and interrupt UV disinfection. This allowed both high levels of solids and fecal coliform to be discharged into the creek. F. Town of Bakersville may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. G. The State’s enforcement cost in this matter may be assessed against Town of Bakersville pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8). H. G. Landon Davidson, Regional Supervisor for the Asheville Regional Office (ARO) of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, Town of Bakersville is hereby assessed a civil penalty of: $___500.00_________ for 2 of 2 violations of NPDES Permit NC0025461 Part I. Section A.1. by discharging effluent which exceeded permit limits. $ 4,000.00 for violation of NPDES Permit NC0025461 Part II. Section C. 2. by failing to properly operate and maintain the wastewater treatment plant. $ 4,500.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A $ 136.45_______ Enforcement Cost $ 4,636.45 TOTAL AMOUNT DUE As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in 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 violations; (2) The duration and gravity of the violations; (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 violations were 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. _________________________ ______________________________ Date G. Landon Davidson Division of Water Resources Regional Supervisor for the Asheville Regional Office 1/3/2020