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HomeMy WebLinkAboutNC0023353_LV-2009-0374_20091014DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Town of White Lake County: Bladen Case Number: LV-2009-0374 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 one weekly fecal violation 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 one civil penalty assessed against it within the past 12 months. 8) The cost to the State of the enforcement procedures. • Enforcement costs to the state totaled $134.59. Date Belinda S. Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office North Carolina Department of Environment and Na. ,i. ral l• es o urce:. Division of V\fatter Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freemlart Governor Director S cr tart' CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0003 5544 3762 H Goldston Womble Town of White Lake P.O. Box 7250 1879 White Lk Dr Elizabethtown, NC 28337 SUBJECT: Dear Mr. Womble: October 14, 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-2009-0374 Bladen County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $384.59 ($250.00 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 July 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 July 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. 143-215.1(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: None ithCarolina Naturally North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone (910)433-3300 FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748 $250.00 $250.00 $134.59 $384.59 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. TOTAL CIVIL 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 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 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 (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 Surface Water staff of the Fayetteville Regional Office at 910-433-3300. Sincerely, 41°4"-°. 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-2009-0374 Assessed Party: Town of White Lake Permit No. (if applicable): NC0023353 County: Bladen Amount Assessed: $384.59 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 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 Braden 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-2009-0374 Having been assessed civil penalties totaling $384.59 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 14, 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 ATTACHMENT A Town of White Lake CASE NUMBER: LV-2009-0374 PERMIT: NC0023353 FACILITY: White Lake WWTP 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 7-2009 001 Effluent FEC COLI 07/04/09 Weekly #/100m1 400 6,000 1,400.00 Weekly Geometric Mean Exceeded EFFLUENT NPDES PERMIT NO. NC0023353 DISCHARGE 001 MONTH June 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 II PHONE 910-862-4800 Mail ORIGINAL AND ONE COPY TO ATTN. CENTRAL FILES DIV. OF WATER QUALITY DENR 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 X / u!� DATE Z. / (SIGNATURE OF OP' OR 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 DATE OPERATOR 0 0 og ARRIVAL 0 0 o ON SITE 01 cr.(ME ORC ON SITE FLOW EFFLUE N DAILY RATE TEMP CELSIUS RESIDUAL CHLORINE uG/L BOD 5, 20C NITROGEN AS N SUSPENDE D SOLIDS FECAL COLIFORM geometric DISSOLVED OXYG E N TOTAL NITROGEN PHOSPHOR US z cc MGD c units ug/I mg/I mg/I mg/I #100m1 mg/I mg/I mg/I inches 0.530 z 0.25 0.490 26.6 6.7 <17 28 15.84 16 15 6 0.440 4 800 0.25 y 0.430 <17 5 800 0.15 y 0.410 6 0.600 1 7 0.600 1 8 800 0.25 y 0.600 9 800 0.25 y 0.630 26.2 6.5 <17 18 11.72 12 7 6.4 10 800 0.15 y 0.650 1.25 11 800 0.25 y 0.750 <17 4 12 800 0.15 y 0.670 _ 13 0.630 1 14 0.640 15 800 0.25 y 0.640 1.25 16 800 0.25 y 0.690 27.4 6.3 <17 19 10.56 20 8 6.2 17 800 0.15 y 0.920 18 800 0.25 y 0.800 <17 19 800 0.15 y 0.710 20 0.670 21 0.680 22 800 0.25,y 0.670 23 800 0.25 y 0.570 28.1 6.5 <17 17 10.88 12 691 6.2 24 800 0.15 y 0.550 25 800 0.25 y 0.540 <17 26 800 0.15 y 0.550 27 0.600 28 0.600 29 800 0.25 y 0.600 30 800 0.25 y 0.550 29 6.5 <17 15 11.36 9.7 6000 5.3 31 average maximum minimum comp./grab monthly limit 0.614 27.46 <17 19.4 12.07 13.94 80.98 6.02 ##### ##### 4.75 0.920 29 6.7 <17 28 15.84 20 6000 6.4 0 0 0.410 26.2 6.3 <17 18.0 10.56 9.7 7 5.3 0 0 G G G G C C C G G C C 0.800 1 6=9 1<50 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 compliance for the weeks of 7-23-09 and 7-30-09. However was in compliance 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 inquireof 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 srgnifrcarrt penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Town Of White Lake - H. Goldston Womble, Jr. Permittee (Pleaseprint or type) 1879 White Lake Rd. PMB 7250 White Lake, NC 28337 910-862-4800 1-31-2012 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 setteable matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Nitrogen 00625 Kjeldhal Nitrogen Total 00630 Nitrates/nitrites 00665 Phosphorus 00720 Cyanide 00745 Total Sulfide 00,927 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 01147 Selenium 31616 Fecal Coliform 32730 Total Phenolic 34225 Beneze 34481 Toluene Residual 38260 MBAS 39516 PCB 50050 Flow 50060 Chlonne 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.us/NPDES and visiting the Documents section. The monthly average for foiI 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. NC0023353 DISCHARGE 001 MONTH July YEAR 2009 FACILITY NAME TOWN OF WHITE LAKE CLASS I COUNTY BLADEN OPERATOR IN RESPONSIBLE CHARGE (ORC) Certified Labs (1) Environment 1 CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL AND ONE COPY TO : ATTN: CENTRAL FILES DIV. OF WATER QUALITY DENR 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 BILL STAFFORD GRADE II PHONE 910-862-4800 (2) PERSON(S) COLLECTING SAMPLES STAFF - 2009 X ,- �' i ' DATE ` ( (3 5 (SIGNATURE OF OPERATOR 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 W Q ci OPERATOR ARRIVAL Lu ET) W z 2 OE- ORC ON SITE FLOW EFFLUE N DAILY RATE TEMP CELSIUS PH RESIDUAL CHLORINE MG/L BOD 5, 20C NITROGEN AS N SUSPENDE D SOLIDS FECAL COLIFORM geomatric DISSOLVED OXYGEN TOTAL NITROGEN PHOSPHOR' US z Q o' hrs hrs y/n MGD c units ug/I mg/l mg/l mg/I #100m1 mg/I mg/I mg/1 inches 1 800 0.25 y 0.530 <17 i 2 800 0.15 y 0.500 3 0.590 4 0.590 5 0.590 6 800 0.25 y 0.600 7 800 0.25 y 0.550 27.4 6.9 <17 20 16.12 8.7 <1 6 30.31 2.63 8 800 0.15 y 0.480 9 800 0.25 y 0.470 <17 10 800 0.15 y 0.450 11 0.460 12 0.470 13 800 0.25 y 0.460 14 800 0.25 y 0.460 26.9 6.8 <17 20 17.6 20 <1 7.1 15 800 0.15 y 0.420 16 800 0.25 y 0.400 <17 17 800 0.15 y 0.430 18 0.460 19 0.470 20 800 0.25 y 0.470 21 800 0.25 y 0.440 26.4 6.7 <17 21 15.56 18 <1 5.9 22 800 0.15 y 0.440 23 800 0.25 y 0.450 <17 0.75 24 800 0.15 y 0.420 25 0.450 26 0.460 27 800 0.25 y 0.460 28 800 0.25 y 0.430 28.2 6.7 <17 24 18.44 15 6 5.6 29 800 0.15 y 0.390 0.75 30 800 0.25 y 0.440 <17 t 31 800 0.15 y 0.400 average maximum minimum comp./grab monthly limit 0.472 27.225 ® <17 21.25 16.93 15.43 1.50 6.15 30.31 2.63 1.5 0.600 28.2 6.9 <17 24 18.44 20 6 7.1 30.31 2.63 0.390 26.4 6.7 <17 20 15.56 8.7 <1 5.6 30.31 2.63 G G G G C C C G G C C 0.800 6=9 <17 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 X Compliant 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. "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 o Permittee 1879 White Lake Rd. PMB 7250 White Lake, NC 28337 910-862-4800 Permittee Address Phone Number =1e•Oct Date 1-31-2012 Permit Expiration Date 00010 Temperature 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 01147 Selenium 38260 MBAS 71900 Mercury 01034 Chromium 01067 Nickle Fecal 31616 Coliform 39516 PCB 51551 Xylene PARAMETER CODES 00076 Turbidity 0080 Color (pt-Co) 0082 Color(admi) 00340 COD 00400 PH Ammonia 00600 Total Nitrogen 00610 Nitrogen 00720 Cyanide 00745 Total Sulfide 00951 Total Fluoride 01002 Total Arsenic 01037 Total Cobalt 01042 Copper 01077 Silves 01092 Zinc 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. 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 ♦h than the permittee, delegation f sig t y y must be on file with the state per 15A NCAC 2B al ilea byother a ian the er mil ee, of signatory' ' authority .0506 (b) (2) DWQ Form MR-1 (Revised 7/2000)