NC0020389_LV-2021-0132_20210525

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Benson
Facility Name: Benson WWTP
Permit Number: NC0020389
County: Johnston
Case Number: LV-2021-0132
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;
Excessive flow increases nutrients and pathogens.1-• rf at. csri oak NA
lam-{ ct,L5t 1p
2) The duration and gravity of the violation;
CsU++ Gc,1c. ce
Flow was exceeded by 30.12% above the permit limit for February 2021.
3) The effect on ground or surface water quantity or quality or on air quality;
Increased nutrients and pathogens.—e 54tr4ce `"'c C'^
4) The cost of rectifying the damage;
Cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
PC-2018-0019
8) The cost to the State of the enforcement procedures.
$36.57
,•25 J J
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
DIONNE DELLI-GATTI
Sc_ rz.lcry
S. DANIEL SMITH
Certified Mail # 7020 3160 0000 2219 2443
Return Receipt Requested
Frederick D Nelson, Interim Town Manager
Town of Benson
303 E Church St
Benson, NC 27504-0069
NORTH CAROLINA
Environmental Quality
May 25, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0020389
Town of Benson
Benson WWTP
Case No. LV-2021-0132
Johnston County
Dear Mr. Nelson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,036.57 ($1,000.00 civil
penalty a- $36.57 enforcement costs) against Town of Benson.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Benson for the month of February 2021. 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. NC0020389.
The violations, which occurred in February 2021, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Benson violated the terms, conditions or
requirements of NPDES WW Permit No. NC0020389 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 CartAnu Departmer al Enutrnnrnrmal Quullry DtvLUnrof water Resotucts
Raleigh Regional Dike 3800 Bamnt Drive I RalrI KN rlh Carotin. 71404
410.741,4200

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, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Benson:
$1,000.00 1 of 1 violation of G.S. 143-215.1(a)(6) and Permit No. NC0020389, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Flow, in conduit or thru
treatment plant
$1,000.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$1,036.57 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)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
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 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

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 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File, Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0132
Assessed Party: Town of Benson
Permit No.: NC0020389
County: Johnston
Amount Assessed: $1,036.57
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 JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Benson
Benson WWTP
PERMIT NO. NC0020389
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2021-0132
Having been assessed civil penalties totaling $1,036.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated May 25, 2021, 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 Benson
CASE NUMBER: LV-2021-0132
PERMIT: NC0020389
FACILITY: Benson WWTP
REGION: Raleigh
COUNTY: Johnston
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
2/28/2021 2-2021 Flow, in conduit or thru Continuous mgd 1.90 2.47 30.1 Monthly $1,000.00
treatment plant Average
Exceeded

MAYOR
JERRY M MEDLIN
MAYOR PRO-TEM
CASANDRA P STACK
COMMISSIONER
MAXINE HOLLEY
JAMES D. JOHNSON
DEAN MCLAMB
WILLIAM NEIGHBORS
DR R MAX RAYNOR
April I5, 2021
TOWN OF BENSON
P.O BOX 69
303 EAST CHURCH STREET
BENSON, NC 27504
[phone]
FAX [phone]
www townofbenson.com
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
Re: Response to Notice of Violation
NOV-2021-LV-0231
NOV-2021-LV-0232
Dear Mr. Vinson,
L 04, 2_9, 2-0J- /
TOWN MANAGER
FREDERICK NELSON
ASSISTANT TOWN MANAGER
KIMBERLY PICKETT
TOWN CLERK
ANGELA THORNTON
TOWN ATTORNEY
R ISAAC PARKER
NC Dept of Environmental Quality
APR 23 2021
Raleigh Regional Office
Please accept this written response to the above -referenced Notice(s) of Violation issued to the Town of
Benson for the permitted effluent flow exceedance for the months of January and February, 2021. The
Town acknowledges receipt of these notices on April 14, 2021, and presents the following information
regarding the noted violations:
a. Cause of Increased Flow
The Town saw a marked increase in total influent flow to the WWTP in 2020. The approximately
4% annual increase that was being tracked in previous years suddenly jumped by over 17% in 2020.
We believe several factors contributed to this increase, to include: the COVID-19 pandemic keeping
more residents at home utilizing water and sewer; our SIU increasing their production to contribute
materials used as personal protective equipment and cleaning wipes; and a particularly wet year with
approximately ten extra inches of rainfall vs. recent annual rainfall totals.
b. Su ot orting Data
# Rain Events
Rainfall Total
(inches)
AVG Effluent
Flow (MGD)
SIU flow
(MGD)
0.226
2019
N/A
52.98
1.240
2020
N/A
62.86
1.570
0.302
Dec 2020
9
4.2I
1.579
0.337
Jan 2021
12
5.7
2.193
0.310
Feb 2021
14
11.59
2.472
0.333
Mar 2021
6
3.13
1.736
0.362 *
estimated until reported by SIU

c. Operations
The new year started off with rain after a very wet 2020, and that trend continued through
February. We saw peak Mows above 4 MGD coming into the plant at times. Excess flow was diverted
to the EQ ponds during high flow events, but the pond levels were already somewhat elevated from the
previous year's rain. These ponds had to be regularly pumped down (back into the plant) in order to
maintain the 2 foot freeboard requirement and avoid any spillage. This pumping was done any chance
the influent flow dropped enough to allow for it. The frequent rain events kept the water table
elevated, which contributed to significant inflow and infiltration (I&I) to the plant. There was not
much relief from this condition over this two month span. Plant staff worked carefully to ensure that
we were able to treat all of the flow entering the plant, but the influent totals exceeded our capacity to
store any excess. We discharged fully treated wastewater with total flow as the only permitted
parameter violation. This non-compliance was noted on the eDMR's submitted for the months of
January and February, 2021.
d. Mitigation Efforts
The Town has been actively locating and repairing I&I locations throughout our collection system and
has budgeted time and funding to continue to do so. We also continue to manage our EQ ponds to
allow for storage during heavy rainfall events. Additionally, the timeframe on capital investment in
upgrading the plant has been shortened as a result of the signification increase in influent flow rate
observed in 2020. The Town has engaged two engineering firms to make recommendations and seek
funding for a plant expansion/upgrade.
We appreciate your consideration of this response. The Town remains committed to the quality and
safety of our natural resources. If you should have any questions or require additional information,
please do not hesitate to contact myself; Tim Robbins, Public Utilities director; or Fred Nelson, Town
Manager.
Best Regards,
Brian Leavitt
Superintendent ! ORC
Town of Benson WWTP
919-902-9599
bleavitt!ri;townofbenson.com
cc: Fred Nelson, Town Manager
Tim Robbins, Public Utilities Director

Owner : Town of Benson
Facility :
Permit :
Region :
Benson WVVTP
NC0020389
Raleigh
Permit Enforcement History Details by Owner
County : Johnston
5/21/2021
Penalty Remission Enf Enf EMC EMC OAH Collection
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due
Number
Has
Pmt Case
Plan Closed
LR-1990-017( 3121190 $150 00 50.00 50 00 $150.00 50.00 No 5/24190
WO-1993-001 10/1419357,000 00 5538.93 $0.00 53,000.00 $0.00 S4,538.93 $3,000.00 No 11/16/92
LT-1996-0003 3/27/96 S500.00 50.00 5500.00 $0-00 No 4112196
PC-1998-001: 6/17/99 51,000.00 $443,21 51,443.21 50.00 No 8/3199
LT-2002-01101
316102 $1,000 00 50,00 50.00
51,000.00 50.00 No 4/4/02
DV-2001 002: 6/5102 56,000.00 5286.85 56,286.85 50.00 No 7/25/02
LV-2003-018C 3/17/03 51,000.00 548.91 51,048,91 50.00 No 4/4/03
LV-2005-033C 5-2005 10/3/05 $250.00 S40.73 S290.73 50.00 No 10/27/0:
TX-2014-000' 12-2013 3/5/14 $3,000 00 571 54
$3 071.54 50 00 No 5/8/14
LV-2014-009c. 8-2013 7/14/14 5500.00 S56.00 8/15/14 S0.00 5556.00 50.00 No 8/14/15
LV-2014-010C 10-2013 7/14/14 S3,500.00 556.00 8/15/14 53,556.00 50.00 No 8/14/15
LV-2014-0101 11-2013 7/14/14 53,000.00 556.00 8/15/14 53,056.00 50.00 No 8/14/15
LV-2014-012$ 9-2013 10/10/1453,000.00 556.00 11/3/14 $3,056.00 50.00 No 8/14/15
LV-2017-0315 7-2017 111211175250 00 $31.76
$281 76 50.00 No 12/20/17
LM-2018-0001 9-2017 1/23/18 $325 00 531 76 5356 76 50 00 No 2/14/18
LM-2018-004t 6-2018 10115/185325 00 532.36 5357 36 SO 00 No 11/9/18

5/21/2021
t-V-2018-029E 5-2018 1211211852,000.00 $32.36
$2,032.36
2
5000 No 12/31/1f
PC-2018-0015) 1/18119 557,000.00 $608.90
3/1/19 5/30/19 $0.00 9/12/19 50.00
$57.608 90
50.00 No 10/5/20
Total Cases:
18 Total Penalty Amount: 589,800
Total Enforcement Cost: 52,391.31
Sum Of Total Paid:589,191.31
Total Balance Due : 53 004 00
Sum of Total Case Penalties: $92,191.31 Total Penalties After Remissions : $92,191,31

. Permit NC0020389
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the
Federal Water Pollution Control Act, as amended, the
Town of Benson
is hereby authorized to discharge wastewater from a facility located at the
Benson Wastewater Treatment Facility
770 Hannah Creek Road (south of 1-95)
Four Oaks
Johnston County
to receiving waters designated as Hannah Creek in the Neuse River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth
in Parts I, II, III and lV hereof.
This permit shall become effective September 1, 2013.
This permit and authorization to discharge shall expire at midnight on April 30, 2018.
August 9, 2013.
Signed this day
ark
Att,�Phomas A. Reeder, Director
Division of Water Resources
By Authority of the Environmental Management Commission

Permit NC0020389
A.(I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
a. Beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited
and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Locatlont
Flow
1.9 MGD
Continuous
Recordin g
Influent or
Effluent
Total Monthly Flow (IMF) 2
Monitor and Report, (MG)
Monthly
Recorded or
Calculated
Effluent
BOD, 5 day (200C) 3
[April 1-October 31]
5.0 mg/L
7.5 mg/L
Daily
Composite
influent &
Effluent
BOD, 5 day (200C) 3
[November 1-March 31]
10.0 mg/L
15.0 mg/L
Daily
Composite
Influent &
Effluent
Total Suspended Solids 3
30.0 mg/L
45.0 mg/L
Daily
Composite
influent &
Effluent
Ammonia as Nitrogen (NH3- N)
[April 1- October 31]
1.0 mg/L
3.0 mg/L
Daily
Composite
Effluent
Ammonia as Nitrogen (NH3 - N)
[November 1- March 31]
2.0 mg/L
6.0 mg/L
Daily
Composite
Effluent
pH
Not more than 9.0 nor less than 6.0 s.u.
Daily
Grab
Effluent
Dissolved Oxygen, mg/L
Not Tess than 6.0 mg/L, daily average
Daily
Grab
Effluent
Dissolved Oxygen, mg/L
Variable`
Grab
U & D
Fecal Collform (geometric mean)
200/100 mL
400/100 mL
Daily
Grab
Effluent
Fecal Coliform (geometric mean)
Variable'
Grab
U & D
Temperature, (0C)
Daily
Grab
Effluent
Temperature, (°C)
Variable'
Grab
U & D
Conductivity, mohms/cm
Daily
Grab
Effluent
Conductivity, mohms/cm
Variable`
Grab
U & D
Total Residual Chlorine 4
17 pg/L
Daily
Grab
Effluent
TiW 5
Monitor and Report, (mg/L)
Weekly
Composite
Effluent
NO3-N + NOr-N 5
Monitor and Report, (mg/L)
Weekly
Composite
Effluent
TN 2.5
Monitor and Report, (mg/L)
Weekly
Cakulated
Effluent
1N Load 2
Monitor and Report (lb/month)
33,070 Ib/yr 9
Monthly
Annually
Calculated
Effluent
_
Total Phosphorus
2.0 mg/L (Quarterly Average) 7
Weekly
Composite
Effluent
Total Copper, pg/L
Quarterly'
Composite
Effluent
Total Zinc, pg/l.
Quarterty9
Composite
Effluent
Total Nickel, pg/L
Quarterly
Composite
Effluent
Chronic Toxicitya
Quarterly
Composite
Effluent
Effluent Pollutant Scan
See A. (7.)
See A. (7.)
Effluent
See footnotes on next page.
Part I, Page 1 of 6

ROY COOPER
DIONNE DEI.LI•CATTI
sc'C,r:cri
S. DANIEL SNIITI
Certified Mail # 7017 2680 0000 2219 4872
Return Receipt Requested
Frederick D Nelson, Interim Town Manager
Town of Benson
303 E Church St
Benson, NC 27504-0069
A1O'2TH .:.' ,
£nvironmenL. Qus;.r•
April 5, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0232
Permit No. NC0020389
Benson WWTP
Johnston County
Dear Mr. Nelson:
A review of the February 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation indicated below:
Limit Exceedance Violation:
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Flow, in conduit or thru 2/28/2021. 1.9 2.47 Monthly Average Exceeded
treatment plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of t �e
Raleigh Regional Office at 919-791-4200.
Sincerely,
)171(4-J4-
"*. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche
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NOT/CC OF VIOLATION & INTENT TO AM3SS CIVIL
PENALTY/N C0020389/NOV •2021• LV-02 31
REC: 7017-2680-0000-2219.1872 n+t 4/12/2021
SENDER' COMAL✓j THIS. SECTION
to Complete Items 1, 2, and 3.
Er Print your narno end adtfres9 on the reverse
so that we can return the card to you.
o Attach this card to the back of the mellpleco,
or on the front If space permits.
1
rHI01 rl;C1 0. NI IS017, tttIIRIM i.1GR
1 JW 1)t IICNSO'
IURCI I ST-/Ri WON, fIC 77551 0059
31I icr Or VIOLATION & INTENT TO ASESSS CIVIL
PI.; JA1.7Y/N00020389/NOV-2021-LV•0231
RLC: 7017-2680-0000-2219-4872 rot 4/17/2021
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COMPLErE NIS SECTION ON DELIVER
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D, Is defhmsy address different Iran item 17 0 Yes
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3. Service Typo
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0 Certified tame
0 Quelled WI Ci strIcted C1eilvery
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