NC0023353_LV-2006-0337_20070608

MEMORY TRANSMISSION REPORT
TIME : 06-08-2007 09:46
TEL NUMBER :
NAME
FILE NUMBER : 320
DATE : 06-08 09:44
TO : 8623387
DOCUMENT PAGES : 008
START TIME : 06-08 09:44
END TIME : 06-08 09:46
SENT PAGES : 008
STATUS : OK
FILE NUMBER : 320 *** SUCCESSFUL TX NOTICE ***
NC�ENR
FAX TRANSMISSION
DENR
FAYETTEVILLE REGIONAL OFFICE
FAYETTEVILLE, NORTH CAROLINA 28301-5043
VOICE: 910-433-3300
Fax: [phone]
To: 4e //
Fax#: [phone]
From:
Subject:
COMMENTS:
Fn r
4
Date:
Pages (including cover):

kir;�
NCDENR
FAX TRANSMISSION
DENR
FAYETTEVILLE REGIONAL OFFICE
FAYETTEVILLE, NORTH CAROLINA 28301-5043
VOICE: 910-433-3300
Fax: [phone]
To: /3 /f s1.a 'i-1 f (7,4157104 t✓o�,blt Date:
Fax #: 9/ p - 86.2 - 3 3 S7 Pages (including cover): 6'
From: , ''1 ar/' /3r4,i // /'-"
Q
Subject: C- /P ,,a` t7
COMMENTS:
For elab..ti 71,7 on/4 Tone -2ao

Michael F. Easley, Governor
WAT�� William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
7 Alan W. Klimek, P.E. Director
• r Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 006 9498 9708
H Goldston Womble
Town of White Lake
PO Box 7250
1879 White Lk Dr
Elizabethtown, NC 28337
SUBJECT:
Dear Mr. Womble:
September 11, 2006
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-2006-0337
Bladen County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S326.62
($250.00 civil penalty + $76.62 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 June 2006. 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
June 2006 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
North Carolina
NatUrall f
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
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

$250.00
$250.00
$76.62
$326.62
1 of the l 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 deteli lining 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 haul' 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 foiiiis 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 petiti
on for an administrative hearing with the Office of Administrative Hearings:
to contest any statement in the attached assessment document you must file a petition
If you wish .
for an administrative hearing. You may obtain the petition form from the Office within thirtyAdministrative
Hearings. You must file the petition with the Office of Administrative H e a indgn the Office f
(30)
days of receipt of this notice. A petition is considered filed when
of Administrative Hearings
Administrative Hearings during normal office hours. The
� 8:00 a.m. and 5:00 p.m., except for
accepts filings Monday through Friday between thoe hours py of the petition must be filed with the Office
official state holidays. The original and one a 1) be faxed - provided the original and one copy of the
of Administrative Hearings. The petition may
days
document is received in the Office of Administrative Hearings within five (5) business
Hearin s
ve
g
followin the faxed transmission. The mailing address for the Office of Administrate
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
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.
le
tter, as
Failu
re to exercise one of the options above within thirty (30) days of receipt of thishis matter being
evidenced by an internal date/time received stamp Lnot a ion othe postmark),mwill result inalty through a civil action. Please
t
referred to the Attorney General's Office for co
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have ay n questions, p lease contact the Water Quality staff of the Fayetteville Regional
Office at 910-433-3327.
Sincerely,
A
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-2006-0337
Assessed Party: Town of White Lake
Permit No. (if applicable): NC0023353
County: Bladen
Amount Assessed: $326.62
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 (Le., 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-2006-0337
Having been assessed civil penalties totaling $326.62 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated September 11, 2006, 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-2006-0337
REGION: Fayetteville
COUNTY: Bladen
FACILITY: White Lake WWTP
PERMIT: NC0023353
Limit Violations
VIOLATION TYPE
w
LL
OD
F_Q
ZW
J
LL
a
O
0
zre tt
Oa
ZW
0
J
z
w
a
Weekly Geometric Mean Exceeded