NC0026921_Civil Penalty Assessment_20130306

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Parkton
County: Robeson
Case Number: LV-2013-0040
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;
2) The duration and gravity of the violation;
• This facility had two weekly BOD violations that did not meet enforcement criteria. This facility
did have a monthly BOD violation and a monthly Ammonia violation that did meet the enforcement
critieria.
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
• This facility has not had any civil penalties assessed against it within the past 12 months
8) The cost to the State of the enforcement procedures.
• Enforcement costs to the state totaled $141.56.
3 -G-13
Date
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 0820 0000 2474 2425
Larry G Hagin, Mayor
Town of Parkton
P.O. Box 55
Parkton, NC 28371
SUBJECT:
Dear Mr. Hagin:
March 6, 2013
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-2013-0040
Robeson County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,141.56 ($1,000.00 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 October 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Pesiiiit NC0026921. The violations which occurred in
October 2012 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 tennis,
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 terms,
conditions or requirements of a peltiiit 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 Quality, I, Belinda S. Henson, Division of Water Quality
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Parkton:
Location: 225 Green Street, Suite 714, Fayetteville, NC 28301
Phone [phone]\FAX: [phone]\Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
NorthCarolin
7%ltrf1irIr//;,

$.00
$500.00
$500.00
0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0026921, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Petiiiit No.
NC0026921, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0026921, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Conc.
$1,000.00 TOTAL CIVIL PENALTY
$141.56 Enforcement Costs
$1,141.56 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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
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 Quality 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 Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
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 hearnw You may obtain the netitinn farm from the, Office of Administrative TTearincrs 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 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:
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.
q.4.,41,a0z
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0040
Assessed Party: Town of Parkton
Permit No. (if applicable): NC0026921
County: Robeson
Amount Assessed: $1,141.56
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-2013-0040
Having been assessed civil penalties totaling $1,141.56 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 5, 2012, 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 Quality 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
ADDRES S
TELEPHONE

ATTACHMENT A
Town of Parkton
CASE NUMBER: LV-2013-0040
REGION: Fayetteville
COUNTY: Robeson
FACILITY: Parkton WWTP
PERMIT: NC0026921
Limit Violations
VIOLATION TYPE
H
J
FREQUENCY
Weekly Average Exceeded
Weekly Average Exceeded
Monthly Average Exceeded
Monthly Average Exceeded
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EFFLUENT
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NPDES PERMIT NO: NC0026921
FACILITY NAME: TOWN OF PARKTON WWTP
OPERATOR IN RESPONSIBLE CHARGE (ORC) Roy L. Lowder
CERTIFIED LABORATORIES TBL LUMBERTON, NC 28358
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to-
ATTN: CENTRAL FILES
Division of Water Quality
1617 Mail Service Center
RALEIGH, NC 27699-1617
DISCHARGE NO. 001 MONTH: October YEAR 2012
CLASS 2 COUNTY ROBESON
GRADE 2 PHONE [phone]
(2) ELEMENT ONE
PERSONS COLLECTING SAMPLES STAFF
Corrected Rep
x
(SIGNATURF OPERATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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y 0.073
y 0.063
n 0.051
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17.0
17.0
7.2
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26.0
9.90
7.1
10.8
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6.8
1 7.0
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
7:00
15:15
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8:15
13:30
15:30
1.00
1,00
1.00
1.00
1.00
1.00
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n 0.046
n 0 d46
y 0.046
y ,0.043
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v 0.051
16.0
17.0
17.0
17.0
18.0
17.0
7.3
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38
32
15:00
1.00
y 0,051
17.0
n 0.046
n 0.046
9:00
9:00
16:00
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1.00
1.00
0.046
y 0.041
0.062
17.0
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7.0
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7.6
7.4
7.5
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7.0
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18
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24
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Rain total for this month 1.9"
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
Compliant
Noncompliant
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.
•
"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."
.Mayor Larry Hagin
P.O. Box 55 Parkton, NC 28371
Permit,tee (Please print or t441
/,2--i/` -, ?J
,2
Signature Permittee** Date
(Required)
910-858-3360
7-31-2014
Permittee Address
Phone Number
Permit Exp. Date
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
.00095 Conductivity 00630
00300 Dissolved Oxygen
00310 BOD5 00665
00340 COD 00720
00400 pH 00745
00530 Total Suspended 00927
Residue 00929
00545 Settleable Matter 00940
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
Nitrates/Nitrites
PARAMETER CODES
00951 Total Fluoride
01002 Total Arsenic
Ole: 7 Cadmium
01 032
01(24
Total Phosphorous
Cyanide 01C 37
Total Sulfide 01 C,,2
Total Magnesium 01045
Total Sodium 0I051
Total Chloride 01062
Hexavalent Chromium
Chromium
Total Cobalt
Copper
Iron
Lead
Molybdenum
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880
71900
81551
Formaldehyde
Mercury
Xylene
Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at [phone] or by visiting
the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages.
Use only units designated in the reporting facility's permi, for reporting data.
* ORC must visit facility and document visitation of facili!.y as required per 15A NCAC 8G .0204.
** If signed by other than the permittee, delegation of sign story authority must be on file with the state per 15A NCAC 2B .0506 (b)
(2) (D).