NC0023353_LV-2004-0534_20041025

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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. Goldston:
October 25, 2004
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-2004-0534
Bladen County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $308.28
($250.00 civil penalty + $58.28 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 July 2004. 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
July 2004 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 teiilis,
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, Paul E Rawls, Division of Water Quality Regional
Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against
Town of White Lake:
NCDENR Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301 [phone] Telephone
Customer Service 1 800 623-7748 [phone] Fax

$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
$58.28 Enforcement Costs
$308.28 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
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
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 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 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
Dan Oakley, 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,
Paul E. Rawls
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2004-0534
Assessed Party: Town of White Lake
Permit No. (if applicable): NC0023353
County: Bladen
Amount Assessed: $308.28
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 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-2004-0534
Having been assessed civil penalties totaling $308.28 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated October 25, 2004, 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-2004-0534
PERMIT: NC0023353 FACILITY: White Lake WWTP
COUNTY: Bladen REGION: Fayetteville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT
VIOLATION TYPE
$250.00 7-2004 001 Effluent FEC COLT 07/31/04 Weekly #/100m1 400 3,400 750.00 Weekly Geometric Mean Exceeded

DIVISION OF' WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of White Lake
County: Bladen
Case Number: LV-2004-0534
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;
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.
Date
Paul E. Rawls
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

EFFLUEN
NPDES PERMIT NO. NC0023353 DISCHARGE 001
FACILITY NAME TOWN OF WHITE LAKE CLASS II
OPERATOR IN RESPONSIBLE CHARGE (ORC) BILL STAFFORD
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL AND ONE COPY TO :
MONTH July YEAR 2004
COUNTY BLADEN
GRAD II
4
ji-
PERSON(S) COLLECTING SAMPLES STAFF
77
PHONE [phone]
ATTN: CENTRAL FILES ' -
DIV. OF WATER QUALITY
DENR
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
X / 1 -...,.,e1C{ ....-- -.7/"' DA I L V 1'-' - /
(SI6NA-TURE OF OPE1916dOR IN RESPONSIBLE CHARGE)
, 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
I--
4:z
a
OPERATOR
ARRIVAL
V"
0 P:
0 Lu
w I-
0 co
FLOW
EFFLUE
N DAILY
RATE
TEMP
CELSIUS
PH
RESIDUAL
CHLORINE
MG/L
BOD 5, 20C
HIVIIVIVIN
NITROGEN
AS N
I V I PAL
SUSPENDE
D SOLIDS
FECAL
COLIFORM
geometric
DISSOLVED
OXYGEN
TOTAL
NITROGEN
I I /AL
PHOSPHOR
US
z
hrs
hrs
y/n
MGD
c
units
mg/I
mg/I
mg/I
mg/I
#100m1
mg/I
mg/1
mg/t
inches
1
800
0.25
y
0.400
2
800
0.15
Y
0.430
0.18
0.751
3
n
0.540
4
n
0.550
5
n
_
0.550
-
_
6
800
- .
0.25
y
0.550
28
7.4
0.21
23
22.1
28
3
5
7
800
0.15
y
0.530
8
800
0.25
y
0.450
_
.
0.28
.
4
,
9
800
0.15
y
0.440
10
n
0.580
11
n
0.580
,
1.25
12
800
0.25
y
0.590
1
13
800
0.25
y
0.390
27.2
7.4
0.56
30
21.5
29
5.3
37.48
3.32
14
800
0.15y
0.590
_
_
15
800
0.25
y
0.420
0.38
14
16
800
0.15
y
0.480
.
17
n
0.460
18
n
0.470
.
.
19
800
0.25
y
0.470
.
20
800
0.25
y
0.450
26.4
7.4
0.56
38
18.8
24
5.8
*I
21
800
0.15
y
_
0.440
22
800
0.25
y
0.430
0.28
190
23
800
0.15
y
0.450
24
n
0.460
25
_
n
0.460
26
800
0.25
Y
0.460
27
800
0.25
y
0.620
27.2
7.4
0.1
27
19.7
18
3400
5.7
28
800
0.15'
y
0.380
29
800
0.25
y
0.420
0.18
0.25
30
800
0.15
y
0.400
,
0.25
31
n
0.400
average
maximum
minimum
comp./grab
monthly limit
,, -0.47'97'727.2
0.30
29.5
20.525
24.75
72.17
5.45
37.48
3.32
3.5
. .
0.620
28
7.4
0,56
38
22.1
29
3400
5.8
37.48
3.32
0.380
26.4
7.4
0.1
23
18.8
18
3
5
37.48
.. 3.32
G
G
G
G
C
C
C
G
G
C
C
0.800
6=9
30
90
200

FACILITY STATUS - PLEASE CHECK ONE OF THE FOLLOWING
ALL MONITORING DATA AND SAMPLING FREQUENCIES DO NOT MEET PERMIT REQUIREMD
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 noncompliant for the week of 7-27-04, however was compliant for the month.
"1 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 ermittee Date
1879 White Lake Rd. PMB 7250 White Lake, NC 28337 910-862-4800
12-31-07
Permittee Address Phone Number
Permit Expiration Date
00010 Temperature 00076 Turbidity
Dissolved
00300 Oxygen
00310 BOD
00545 setteable matter 00556 Oil & Grease
Total
00630 Nitrates/nitrites 00665 Phosphorus
00929 Total Sodium 00940 Total Chloride
Hexavalent
01032 Chromium
01051 Lead
01034 Chromium
01067 Nickle
01147 Selenium 31616 Fecal Coliform
38260 MBAS
71900 Mercury
39516 PCB
51551 Xylene
PARAMETER CODES
0080 Color (pt-Co)
00340 COD
00600 Total Nitrogen
00720 Cyanide
00951 Total Fluoride
01037 Total Cobalt
01077 Silves
32730 Total Phenolic
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 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.
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)