NC0026921_Civil Penalty Assessment_20140815

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Parkton
County: Robeson
Case Number: LV-2014-0114
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;
➢ No lasting harm to the natural resources of the State, to the public health, or any damage to private
property was reported due to this violation.
2) The duration and gravity of the violation;
➢ This facility had a monthly flow violation that met enforcement criteria.
3) The effect on ground or surface water quantity or quality or on air quality;
➢ No observed effect of surface water quantity or quality has been documented from this violation.
4) The cost of rectifying the damage;
➢ At this time a cost cannot be determined.
5) The amount of money saved by noncompliance;
➢ It is not apparent that any money was saved from a non-compliance event since it was weekly
parameter violation.
6) Whether the violation was committed willfully or intentionally;
➢ It is the opinion of the FRO that this violation was not 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
➢ This facility has had one civil penalty assessed against it within the past 12 months.
8) The cost to the State of the enforcement procedures.
➢ Enforcement cost to the state totaled $141.56
g-15-14-
Date
elinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR

North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 3090 0001 3169 7506
Al McMillian, Mayor
Town of Parkton
P.O. Box 55
Parkton, NC 28371
SUBJECT:
August 15, 2014
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0026921
Town of Parkton
Parkton WWTP
Case No. LV-2014-0114
Robeson County
Dear Mr. McMillian:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $891.56
($750.00 civil penalty + $141.56 enforcement costs) against Town of Parkton. This assessment is
based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Parkton for the month of February 2014. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found
in NPDES Peirnit NC0026921. The violations which occurred in February 2014 are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Parkton violated the teattis,
conditions or requirements of NPDES Permit NC0026921 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 tetilis,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, Belinda S. Henson, Division of Water Resources
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Parkton:
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095
Main Phone. clinem_TInn \ Internet• httn.//www nrrienrnnv

$750.00
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Petinit No.
NC0026921, by discharging waste water into the waters of the State
in violation of the Peliiiit Monthly Average limit for FLOW.
$750.00 TOTAL CIVIL PENALTY
$141.56 Enforcement Costs
$891.56 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Compliance & Expedited Permitting Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

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 the Division of Water Resources will review your
evidence and inforlri 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 infoliriation 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" fotrri within thirty (30) days of receipt of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forrris should be submitted to the following address:
Compliance & Expedited Permitting Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

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 noiinal 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 the Surface Water staff of the Fayetteville Regional
Office at 910-433-3300.
Sincerely,
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments

JTTSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2014-0114
Assessed Party: Town of Parkton
Permit No, (if applicable): NC0026921
County: Robeson
Amount Assessed: $891.56
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 applies. 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Robeson
Town of Parkton
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Parkton WWTP
PERMIT NO. NC0026921
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2014-0114
Having been assessed civil penalties totaling $891.56 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated August 15, 2014, 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

ATTACHMENT A
Town of Parkton
LV-2014-0114
CASE NUMBER:
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NPDES PERMIT NO. NC 0026921
FACILITY NAME Town of Parkton WWTP
OPERATOR IN RESPONSIBLE CHARGE (ORC): Roy Lowder
CERTIFIED LABORATORIES: TBL LUMBERTON NC 28358
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIV. OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
DISCHARGE NO. 001
EFFLUEN1t
MONTH
CLASS II COUNTY
GRADE: II
PERSON(S) COLLECTING SAMPLES: STAFF
(SIGNATURE 41( RATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO PHE BEST OF MY KNOWLEDGE.
February YEAR 2014
Robeson
PHONE [phone]
3/u, DATE
C
H
ES
2
a0
O
ORC On Site? "
50050 00010 00400 50060 00310 00610 I 00530 1 31616 I 00300 I 00600 I 00665
01027
00095
71900
00600
FLOW
TEMPERATURE
CELSIUS
e0
�
op
w
AMMONIA
NITROGEN
TOTAL
SUSPENDED
RESIDUE
ak
DISSOLVED
OXYGEN
TOTAL
NTTROGEN
TOTAL
PHOSPHOROUS
FN
NITRATE
+NITRITE
CONDUCTIVITY
w
x
o
W
G
HRS
MRS
Y/N
MCA
a
C
U3Tr5
MIL
MG/L
MG/L
MG/L
3/MAIL
MG/L
MG/L
MGR.
MG/L
MG/L
UMOS/CM
NG/L
P/F
1
1435
1.50
Y
0,208
11.0
2
1440
1.50
Y
0.200
12.0
3
715
1.50
Y
0.147
12.0
4
645
1.50
B
0.200
11.0
5.6
0.30
9.8
2
203
5
1515
1.50
B
0.244
12.0
6.90
8.70
6
1715
1.50
B
0.227
11.0
32.0
7
740
1.50
Y
0,187
11.0
9.50
8
930
1.50
Y
0.249
12.0
34.0
9
1355
1.50
Y
0.123
12.0
10
730
1.50
Y
0,183
12.0
11
600
1.50
B
0.177
12.0
33.0
8.0
0.90
8.3
1
214
12
Snow
N
0.130
Snow
13
1320
1.50
B
0.390
10.0
14
805
1.50
Y
0.281
10.0
27.0
8.80
15
830
1.50
Y
0.350
11.0
32.0
16
920
1.50
Y
0,378
11.0
17
745
1.50
Y
0.337
11.0
2.39
18
645
1.50
B
0.340
11.0
6.90
32.0
15,4
1.30
19.2
2
8.90
171
19
600
1.50
B
0.312
12.0
20
740
1.50
B
0.357
13,0
21
800
1.50
Y
0.319
13.0
32.0
22
900
1.50
Y
0354
12.0
930
23
1035
1.00
Y
0.318
13.0
24
1635
1.50
Y
0.318
13.0
5.6
1.20
7.6
1
174
25
1715
1.00
B
0.397
13.0
26
815
1.50
B
0.172
12.0
40.00
27
800
1.50
B
0.252
11.0
6.90
39.0
28
800
1.50
Y
0.233
11.0
8.90
29
30
31
AVERAGE
0.266
11.7
6.90
32.6
8.7
0.9
11.2
8.8
13.4
#DIV/0!
#DIW0!
190.50
2.4
MAXIMUM
0.397
13.0
6.90
39.0
15.4
1.3
19.2
2.0
40.0
0.0
0.00
214.00
2.4
MIUSIMUM
0.130
10.0
6.90
27.0
5.6
0.3
7.6
<1
8.7
0.0
0.00
171.00
2.4
Comp. (C)/Grab (G);
G
G
G
C
C
C
G
G
G
C
Monthly Limit
0.2000
>6-<9
50.0
24.0
9.0
30.0
200.0
>5.0
>5.0
0,1
100%
TOTAL MONTHLY FLOW=
Total Rain Fall: 1"
Snow & Ice: 7"
7.443
'A -PR 20 4
DEM Form MR-1 (12/93)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment,
operation, maintenance, etc. and a time table for improvements to be made.
Flow is from snow and rain. The funding has been approved and will be going out for Bid in May.
COMPLIANT
NONCOMPLIANT
"I certify, under penalty of law, that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing
violations."
PO Box 55 Parkton NC 28371
Mayor Al McMillan
Permittee (Please print OF type)
Signature of Permittee**
910-858-3360
mate
7/31/2014
Permittee Address
Phone Number
Permit Exp. Date
00010
00076
00082
00082
Temperature
Turbidity
Color (Pt -Co)
Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Suspended
Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
00630 Nitrates/Nitrites
00665
00720
00745
00927
00929
00940
Total Phosphorus
Cyanide
Total Sulfide
Total Magnesium
Total Sodium
Total Chloride
PARAMETER CODES
00951 Total Fluoride
01002 Total Arsenic
01027 Cadmium
01032 Hexavalent
Chromium
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067
01077
01092
01105
01147
31616
32730
34235
34481
38260
39516
50050
Nickel
Silver
Zinc
Aluminum
Total Selenium
Fecal Coliform
Total Phenolics
Benzene
Toluene
MBAS
PCBs
Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone],
extension 581 or 534.
50060 Total
Residual
Chlorine
71880 Formalde-
hyde
71900 Mercury
81551_. — Xylet e
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated
in the reporting facility's permit for reporting data.
* ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
** If signed by other than the permittee, delegation of signatory authority must be on file with the state per
15A NCAC 2b.0506 (b) (2) (D).