NC0023353_LV-2009-0397_20091030

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of White Lake
County: Bladen
Case Number: LV-2009-0397
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 fecal violations that met enforcement criteria.
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 had 2 civil penalties assessed against it within the past 12 months. (for violations
occurring in June 2009 and July 2009)
8) The cost to the State of the enforcement procedures.
• Enforcement costs to the state totaled $134.59.
lb- 30-b9
Date
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 3450 0003 5543 4395
H Goldston Womble
Town of White Lake
P.O. Box 7250
1879 White Lk Dr
Elizabethtown, NC 28337
SUBJECT:
Dear Mr. Womble:
October 30, 2009
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 NC0023353
Town of White Lake
White Lake WWTP
Case No. LV-2009-0397
Bladen County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $634.59
(5500.00 civil penalty + $134.59 enforcement costs) against Town of White Lake.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of White Lake for the month of August 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023353. The violations which occurred in
August 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of White Lake violated the
terms, conditions or requirements of NPDES Permit NC0023353 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. 143-2.15.1(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 White Lake:
N ne otth Carol ina
,Naturally
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet h2o enr.state.nc.us Customer Service 7-877-623-6748

S500.00
$500.00
$134.59
$634.59
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDLS Permit No.
NC0023353. by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
TOTAL CI`'IL PENALTY
Enforcement Costs
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
e.nforcem.ent 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 t:he 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 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: (91.9) 733-3478
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, 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 91.0-433-3300.
Sincerely,
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: L\7-2009-0397
Assessed Party: Town of White Lake
Permit. No. (if applicable): NC0023353
County: Bladen
Amount Assessed: $634.59
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 notbeen 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 LNVIRON:MIE I-.
AND NATURAL RESOURCES
COUNTY OF Bladen
Town of White Lake
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST )
White Lake \\'WTP )
)
PERMIT NO. NC0023353 )
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2009-0397
Having been assessed civil penalties totaling $634.59 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated October 30, 2009, 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

PERMIT: NC0023353
FACILITY: White Lake WWTP
ATTACHMENT A
Town of White Lake
CASE NUMBER LV-2009-0397
COUNTY: Bladen REGION: Fayetteville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$250 00 8-2009 001 Effluent FEC COD
$250.00 8-2009 001 Effluent FEC COLI
08/08/09 Weekly
tt/100m1 400 6.000 1,400 00 Weekly Geometric Mean Ercee0ed
08/22/09 Weekly 4/100m1 400 7.600 1,800 00 Weekly Geometric Mean Exc,eederl

EFFLUE T
NPDES PERMIT NO. NC0023353 DISCHARGE 001
MONTH August YEAR 2009
FACILITY NAME TOWN OF WHITE LAKE CLASS I COUNTY BLADEN
OPERATOR IN RESPONSIBLE CHARGE (ORC) BILL STAFFORD
Certified Labs (1) Environment 1 (2)
CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES STAFF
GRADE I1 PHONE [phone]
Mail ORIGINAL AND ONE COPY TO :
ATTN: CENTRAL FILES
DIV. OF WATER QUALITY
DENR
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
X C .5.-(e- v DATE j- :t- 0 7
(SIGNATURE OF OPER R 1k RESObliSIRL90HARGE)
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND
COMPETE TO THE BEST OF MY KNOWLEDGE.
50050
00010
00400
50060
00310
00610
00530
31616
00300
00600
00665
in
Q
oix
OPERATOR'
ARRIVAL
ON SITE
TIME
ORC ON
SITE ?
FLOW
EFFLUE
N DAILY
RATE
TEMP
CELSIUS
PH
RESIDUAL
CHLORINE
BOD 5, 20C
NITROGEN
SN
SUSPENDE
D SOLIDS
FECAL
COLIFORM
geomatric
DISSOLVED
OXYGEN
TOTAL
NITROGEN
PHOSPHOR
US
z
hrs
hrs
yln
MGD
c
units
ug/I
mg/I
mg/I
mg/I
#100m1
mg/I
mg/I
mg/I
inches
1
0.406
2
0.407
3
800
0.25
y
0.407
0.75
4
800
0.25
y
0.530
28.1
6.8
<17
15
18.72
11
>6000
6.4
0.25
5
800
0.15
y
0.410
6
800
0.25
y
0.370
<17
7
800
0.15
y
0.320
8
0.400
9
0.410
10
800
0.25
y
0.400
11
800
0.25
y
0.380
28.7
6.8
<17
21
15.8
17
1
5.1
12
800
0.15
y
0.400
0.25
13
800
0.25
y
0.370
<17
1.5
14
800
0.15
y
0.400
15
0.460
16
0.470
17
800
0.25
y
0.460
18
800
0.25
y
0.390
27.4
7.1
<17
19
17.04
24
7600
6.2
19
800
0.15
y
0.360
20
800
0.25
y
0.330
<17
21
800
0.15
y
0.330
22
0.380
23
0.390
0.5
24
800
0.25
y
0.380
25
800
0.25
y
0.340
26.7
6.6
<17
17
15.29
17
<1
5.9
26
800
0.15
y
0.300
27
800
0.25
y
0.280
<17
28
800
0.15
y
0.280
29
0.320
30
0.320
1
31
800
0.25
y
0.320
average
maximum
minimum
comp./grab
monthly limit
0.378
27.725
<17
18
16.71
17.25
82.18
5.90
#####
#####
4.25
0.530
28.7
7.1
<17
21
18.72
24
7600
6.4
0
0
0.280
26.7
6.6
<17
15
15.29
11
<1
5.1
0
0
G
G
G
G
C
C
C
G
G
C
C
0.800
6=9
30
90
200
5
DWQ Form MR-1 7/2000

FACILITY STATUS - PLEASE CHECK ONE OF THE FOLLOWING
All monitoring data and sampling frequencies meet permit requirements
Monitoring data and/or sampling frequencies do NOT meet permit requirements
Compliant
X
Noncompliant
IF THE FACILITY IS NONCOMPLIANT, PLEASE COMMENT ON CORRECTIVE ACTIONS BEING TAKEN IN RESPECT TO EQUIPMENT,
OPERATION, MAINTENANCE, ECT, PROVIDING A TIME TABLE FOR COMPLETION OF IMPROVEMENTS.
Fecal coliform was out of weekly compliance for the weeks of 8-4-09 and 8-18-09. However it was compliant
for the month.
"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 inquire 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, accurante, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
Town Of White Lake - H. Goldston Womble, Jr.
Permittee (Please print or type)
Signature ofi Permifttee Date
1879 White Lake Rd. PMB 7250 White Lake, NC 28337 910-862-4800 1-31-2012
Permittee Address Phone Number
Permit Expiration Date
00010 Temperature 00076 Turbidity
Dissolved
00300 Oxygen 00310 BOD
PARAMETER CODES
0080 Color (pt-Co)
0082 Color(admi)
00340 COD 00400 PH
Ammonia
00545 setteable matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Nitrogen
Total
00630 Nitrates/nitrites 00665 Phosphorus 00720 Cyanide 00745 Total Sulfide
00929 Total Sodium 00940 Total Chloride 00951 Total Fluoride 01002 Total Arsenic
Hexavalent
01032 Chromium 01034 Chromium 01037 Total Cobalt 01042 Copper
01051 Lead 01067 Nickle 01077 Silves 01092 Zinc
Fecal
01147 Selenium 31616 Coliform
38260 MBAS
71900 Mercury
39516 PCB
51551 Xylene
32730 Total Phenolic 34225 Beneze
Residual
50050 Flow 50060 Chlorine
0095 Conducivity
00530 TSS
00625 Kjeldhal Nitrogen
00927 Total Magnesium
01027 Cadium
01045 Iron
01105 Aluminum
34481 Toluene
71880 Formaldehyde
Parameter Code assistance may be obtained by calling the Division's Point Source Compliance/Enforcement Unit at 919-733-5083 or
by visiting the NPDES web site at http://h2o.ern.state.nc.us/NPDES and visiting the Documents section.
.1118.61181
The monthly average for fecal coliform is to 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)
DWQ Form MR-1 (Revised 7/2000)