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HomeMy WebLinkAboutNC0023353_LV-2005-0476_20051221DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Town of White Lake County: Bladen Case Number: LV-2005-0476 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; 4-` The cost of rectifying the damage; i..)''`` The amount of money saved by noncompliance; r - Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and +-8rr The cost to the State of the enforcement procedures. Date Belinda S. Henson Water Quality Regional Supervisor Fayetteville Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED H Goldston Womble Town of White Lake PO Box 7250 Elizabethtown, NC 28337 SUBJECT: Dear Mr. Womble: December 21, 2005 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-2005-0476 Bladen County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S321.31 ($250.00 civil penalty + $71.31 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 September 2005. 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 September 2005 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. 143-215.1(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 White Lake: One NorthCarolina Naturally North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone (910)486-1541 FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper $250.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES 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. $250.00 TOTAL CIVIL PENALTY $71.31 Enforcement Costs $321.31 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 halm 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 infoiiii 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 fonds 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 foirrr 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 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 (919) 733-2698 Facsimile: (919) 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 Water Quality staff of the Fayetteville Regional Office at 910-486-1541. 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: LV-2005-0476 Assessed Party: Town of White Lake Permit No. (if applicable): NC0023353 County: Bladen Amount Assessed: $321.31 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 maybe 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 (Le., 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 Bladen Town of White Lake IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST White Lake WWTP PERMIT NO. NC0023353 WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2005-0476 Having been assessed civil penalties totaling $321.31 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 19, 2005, 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 ADDRESS TELEPHONE ATTACHMENT A Town of White Lake CASE NUMBER: LV-2005-0476 PERMIT: NC0023353 FACILITY: White Lake WWTP COUNTY: Bladen REGION: Fayetteville Limit Violations MONITORING OUTFALL/ PENALTY REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED % OVER VALUE LIMIT VIOLATION TYPE $250.00 9-2005 001 Effluent FEC COLI 09/03/05 Weekly #/100m1 400 2,215.4 453.85 Weekly Geometric Mean Exceeded DEi fl F EFFLUENT NPDES PERMIT NO. 433ka 215 DISCHARGE 001 5EP 2 MONTH August YEAR 2005 FACILITY NAME TOWN OF WHITE LAKE CLA S 1 OPERATOR IN RESPONS c jl E (ORC) BILL S FORD Certified Labs (1) Environment 1 (2) PERSON(S) COLLECTING SAMPLES COUNTY BLADEN GRADE II PHONE 910-8624800 CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL AND ONE COPY TO : ATTN: CENTRAL FILES DIV. OF WATER QUALITY DENR 1617 MAIL SERVICE CENTER STAFF o X /->�.� ( s==L DATE (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPETE TO THE BEST OF MY KNOWLEDGE. r't1LCIvn, 1w Gives-l"! i 50050 0001C{00400 50060 00310 00610 00530 31616 00300 00600 00665 w o DPERATOR 4RRIVAL - �w OF- O c,. vw 0u) FLOW EFFLUE NDAILY RATE TEMP CELSIUS PH i RESIDUAL CHLORINE MG/L �' 0 HMIVKJ Iv IH NITROGEN ASN I kJ I HI- SUSPENDE D SOLIDS FECAL COLIFORM geometric DISSOLVED OXYGEN TOTAL NITROGEN 0 -Our -CLCL z o _ _ hrs hrs y/n MGD c units mg/1 mg/I mg/1 mg/I #1C0m1 mg/I mg/I mg/1 inches 1 800 0.25 y 0.920 2 800 0.25 y 0.800 23.6 6.7 0.28 , 18 13.02 25 10 5.2 3 800 0.15 y 0.650 4 800 0.25 y 0.660 0.32 5 800 0.15 y 0.660 6 n 0.630 7 n 0.630 8 800 0.25 y 0.640 9 800 0.25 y 0.600 26.8 6.9 0.25 12 13.08 12 32 6.2 10 800 0.15 y 0.590 11 800 0.25 y 0.540 0.22 1.5 12 800 0.15 y 0.580 13 n 0.570 14 n 0.580 15 800 0.25 y 0.570 16 800 0.25 y 0.530 29 6.8 0.26 14 14.92 11 270 5.6 17 800 0.15 y 0.510 18 800 0.25 y 0.500 19 800 0.15 y 0.430 0.28 20 n 0.520 21 n 0.530 22 800 0.25 y 0.530 23 800 0.25 y 0.480 28.8 6.9 0.32 13 15.2 10 6000 6.2 24 800 0.15 y 0.500 25 800 0.25 y 0.470 0.18 26 800 0.15 y 0.430 17 27 n 0.460 28 n 0.460 29 800 0.25 y 0.460 30 800 0.25 y 0.430 27.5 6.9 0.16 9.7 12.92 11 818 5.7 31 800 0.15 y 0.380 average maximum minimum comp./grab monthly limit 0.556 27.14 0.25 13.34 13.828 13.8 138.98 5.78 ###### ###### 1.5 0.920 29 6.9 0.32 18 15.2 25 6000 6.2 0 0 0.380 23.6 6.7 0.16 9.7 12.92 10 10 5.2 0 0 G G G G C C C G G C C 0.800 6--9 30 90 200 5 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 was out of compliance for the week of 8-30-05, however 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 of Permittee 9/a%5. Date 1879 White Lake Rd. PMB 7250 White Lake, NC 28337 910-862-4800 12-31-07 Permittee Address Phone Number Permit Expiration Date PARAMETER CODES 00010 Temperature 00076 Turbidity 0080 Color (pt-Co) 0082 Color(admi) 0095 Conducivity Dissolved 00300 Oxygen 00310 BOD 00340 COD 00400 PH 00530 TSS Ammonia 00545 setteabie matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Nitrogen 00625 Kjeldhal Nitrogen Total 00630 Nitrates/nitrites 00665 Phosphorus 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 00951 Total Fluoride 01002 Total Arsenic 01027 Cadium Hexavalent 01032 Chromium 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickle 01077 Silves 01092 Zinc 01105 Aluminum Fecal 01147 Selenium 31616 Coliform 32730 Total Phenolic 34225 Beneze 34481 Toluene Residual 38260 MBAS 39516 PCB 50050 Flow 50060 Chlorine 71880 Formaldehyde 71900 Mercury 51551 Xylene 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.em.state.nc.usINPDES and visiting the Documents section. 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) EFFLUENT NPDES PERMIT NO. NC0023363 DISCHARGE 001 / FACILITY NAME TOWN OF WHITE LAKE CLA$'S I MEP OCT 2 Q 20051 TH September YEAR 2005 COUNTY BLADEN OPERATOR IN RESPONSIBLE CHARGE (ORC) BILL S ORD Certified Labs (1) Environment 1 (2) CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES STAFF GRADE II PHONE 910-862-4800 Mail ORIGINAL AND ONJ ,ppT. . ATTN: CENTRAL FILE' DIV. OF WATER QUALITY DENR Cf 3 1617 MAIL SERVICE CENTER RA4 .1 LEIGH NG 276� 1617 DATE /- /G - SIGNATURE OPERATOR IN RESPONSIBLE CHARGE) 2OOBY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPETE TO THE BEST OF MY KNOWLEDGE. w o OPERATOR ARRIVAL H cnw 0 ORC ON SITE ? 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 FLOW EFFLUE NDAILY RATE TEMP CELSIUS PH RESIDUAL CHLORINE MG/L R5w 1 oz�z m,xz< D 0 IUIHL SUSPENDE D SOLIDS FECAL I COLIFORM geomatric DISSOLVED OXYGEN TOTAL NITROGEN 1VIHL PHOSPHO RUS Z ce hrs hrs yin MGD c units mg/I mg/1 mg/I mg/l #100m1 mg/l mg/1 mg/I inches 1 800 0.25 y 0.380 0.18 6000 1 2 800 0.25 y 0.360 3 n 0.470 4 n 0.470 5 n 0.470 PO r' 6 800 0.25 y 0.470 24.4 6.J 0.67 ' 18 15.84 20 <1 6.9 7 800 0.25 y 0.400 8 800 0.254 y 0.300 0.28 9 800 0.15 0.400 10 ,y n 0.350 11 n 0.360 1.5 12 800 0.251 y 0.350 13 800 0.25 y 0.330 24.1 6.8 0.49 9.4 11.52 16 <1 6.5 14 800 0.15 y 0.350 15 800 0.25 y 0.570 0.28 <1 16 800 0.15 y 0.490 17 n 0.430 18 n 0.430 19 800 , 0.25 y 0.430 20 800 0.25 y 0.390 26.9 6.8 0.18 11 9.68 11 r 240 6.2 21 800 0.15 y 0.370 22 800 0.25 y 0.370 0.15 23 800 0.15 y 0.390 24 n 0.490 25 n 0.500 26 800 0.25 y 0.490 27 800 0.25 y 0.490 25.7 6.8 0.25 5.8 9.36 8.6 <1 5.55 28 800 0.15 y 0.490 29 800 0.25 y 0.490 0.18 30 800 0.15 y 0.490 31 average maximum minimum comp./grab monthly limit 0.426 25.275 0.30 11.05 11.6 13.9 10.62 6.29 ###### ###### 2.5 0.570 26.9 6.9 0.67 18 15.84 20 6000 6.9 0 0 0.300 24.1 6.8 0.15 5.8 9.36 8.6 <1 5.55 0 0 G G G G C C C G G C C 0.800 6=9 30 90 200 5 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 Com .liant 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 compliant for the first week in September, however compliant for the month All other data 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) v Signature of Permittee Date 1879 White Lake Rd. PMB 7250 White Lake, NC 28337 910-862-4800 12-31-07 Permittee Address Phone Number Permit Expiration Date PARAMETER CODES 00010 Temperature 00076 Turbidity 0080 Color (pt-Co) Dissolved 00300 Oxygen 00310 BOD 00340 COD 00545 setteable matter 00556 Oil & Grease 00600 Total Nitrogen Total 00630 Nitrates/nitrites 00665 Phosphorus 00720 Cyanide 00929 Total Sodium 00940 Total Chloride 00951 Total Fluoride Hexavalent 01032 Chromium 01034 Chromium 01037 Total Cobalt 01051 Lead 01067 Nickle 01077 Silves Fecal 01147 Selenium 31616 Coliform 32730 Total Phenolic 38260 MBAS 71900 Mercury 39516 PCB 51551 Xylene 50050 Flow 0082 Color(admi) 00400 PH Ammonia 00610 Nitrogen 00745 Total Sulfide 01002 Total Arsenic 01042 Copper 01092 Zinc 34225 Beneze Residual 50060 Chlorine 0095 Conducivity 00530 TSS 00625 Kjetdhal 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:f/h2o.em.state.nc.us/NPDES and visiting the Documents section. 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)