NC0023353_Civil Penalty Assessment_20021120

Q
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
November 20, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable H. Goldston Womble, Jr.
The Mayor of The Town White Lake
P.O. Box 7250
White Lake, N.C. 28337
William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of N.C. General Statute 143-215.1(a)(6)
and NPDES Permit NC0023353
Town of White Lake Wastewater Treatment System
Case No. LV 02-585
Bladen County
Dear Mayor Womble:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3 13.25 ($250.00 civil penalty + $63.35 enforcement costs) against the 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 the Town of White Lake for the month of
JUNE 2002. This review has shown the subject facility to be in violation of the discharge
limitation requirements found in NPDES Permit NC0023353. The violations which occurred in
JUNE 2002 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of White Lake
violated the teens, conditions or requirements of NPDES Permit NC0023353 and N.C.G.S. 143-
215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty, in accordance
with the maximums established by N.C.G.S. 143-215.6A(a)(2), may be accessed against a
person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-
215.1(a).
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]/FAX: [phone] \ Internet: \,\;\,\ .enr.state.tnc.us/ A
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

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 the Town of White Lake:
$ 250.00 For 1 of the 1 violations of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0023353, by discharging
waste into the waters of the State in violation of permit
weekly average effluent limits for FECAL
COLIFORM.
$ 250.00 TOTAL CIVIL PENALTY, which is the penalty
authorized by G.S. 143- 215.6A.
$ 63.35 Enforcement costs.
$ 313.35 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 harem 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
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. 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 that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
3. Submit a written request for an administrative hearing:

If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office
of Administrative Hearings and must conform to Chapter 150E of the North Carolina
General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty.
Please be advised that any continuing violation(s) may be the subject of a new
enforcement
action, including an additional penalty. If you have any questions about this civil penalty
assessment, please contact the Water Quality Section staff of the Fayetteville Regional Office at
[phone].
(Date)
i
Paul E. Rawls
Water Quality Regional Supervisor
Fayetteville Region
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
TOWN OF WHITE LAKE
NPDES PERMIT NUMBER NC0023353
CASE NUMBER LV 02-585
JUNE 2002
Weekly Average Limit Violations
Parameter Reported Value Limit Units
FECAL COLIFORM 6100.0 * 400.0 #/ 100M L
* Values assesed

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BLADEN )
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
PERMIT NO. NC0023353 )
WHITE LAKE WWTP )
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV 02-585
Having been assessed civil penalties totaling $313.35 for violation(s)
as set forth in the assessment document of the Director of the Division of Water Quality dated
November 20, 2002 , the undersigned, desiring to seek remission of the civil penalties, 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 30 days of receipt of the notice of assessment. No new evidence in support of
a remission request will be allowed after the 30 days from the receipt of the notice of assessment.
This the day of , 2002.
By
ADDRESS
TELEPHONE

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of White Lake
County: Bladen
Case Number: LV 02-585
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;
(W) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
2)
3)
4)
5)
6)
7)
The duration and gravity of the violation;
(X) not significant ( ) moderately significant ( ) significant ( ) very signi acant ( ) extremely significant
The effect on ground or surface water quantity or quality or on air quality;
(X) not :significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
Th cost of rectifying the damage;
( not significant ( ) moderately :significant ( ) significant ( ) very significant ( ) extremely significant
The amount of money%saved by noncompliance;
( ) not significant (oY) moderately significant ( ) significant ( ) very significant ( ) extremely significant
Wh 'ther the violation was committed willfully or intentionally;
( l) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
The prior record of the violator in complying or failing to comply with programs over which the Environmental
Mapagement Commission has regulatory authority; and
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
1
8) Thy cost to the State of the enforcement procedures.
(X) not significant ( ) moderately significant ( ) significernt ,-(- ery significant ( ) extremely significant
,)v -
Date
Paul E. Rawls
REMISSION FACTORS
Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Whether the violator promptly abated continuing environmental damage resulting from the violation;
Whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; and
Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Date Alan Klimek

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7 2
2
NPDES Permit No.
Facility Name •— (LA,
Operator in Responsible Charge ORC)
Certified Laboratories (1)�� 'rc,
CHECK BOX IF ORC HAS CHANGED ❑
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
D IV. OF WATER QUALITY
DENR
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
EFFLUNT
Nn 0 �
�Lf'�' � t'r) �3 Discharge No. o
Monti -�'' a ,� Year
County 13f' de +w
Grade Phone 9/a
(2)
Person(s) Collecting Samples 57641
�Q
�- / -o2
(SIGNATURE OF OPER R IN RESPONSIBLE CHARGE) DATE
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACC RATE AND COMPLETE TO
THE BEST OF MY KNOWLEDGE. LF `Yu
L a
¢
Operator Arrival
Time: 2400 Clock
Operator Timc
On Site
ORC On Site?*
50050
00010
00400
50060
00310
00610
00530
31616
00300
00600
00665
FLOW
/
Residual
Chlorine
U
Q
Z
Ammonia
Nitrogen as N
Total
Suspended
Solids
Fecal Coliform
(geometric mean)
Dissolved
Oxygen
Total Nitrogen
(TKN + NO2 + NO3)
Total
Phosphorus
Code above, name
and units below
EFF Ei7c
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INF
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Ermo/'L
HRS
HRS
Y/N
MGD
°C
UNITS
❑ AWL
mg/L
mg/L
mg/L
#/100 mI
mg/L
mg/L
mg/L
1
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AVERAGE
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MINIMUM
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Monthly Limit
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,
orm MR-1
(Revised 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
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
providing a time table for completion of improvements.
•4. 4 5 CULL / - c c e S . /, s .. �, ,'r . � S_
5 :s Er. S r V ; obi, '`" �'� L +/, ivt
/ <U L ' 1,, r NM
2i1....•
"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, accurate, 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)
-Sigriat"ure of Permittee» Date
P.O. BOX 7250, WHITE LAKE, N.C. 28337 910-862-4800 10/31/01
Permittee Address
Phone Number Permit Expiration Date
00010 Temperature
...... .........
00300 Dissolved Oxygen
00545 Settleable Matter
00630 Nitrates/Nitrites
00929 Total Sodium
01032 Hexavalent Chromium
01051 Lead
01147 Selenium
38260 MBAS
71900 Mercury
00076 Turbidity
00310 BODS
00556 Oil & Grease
00665 Total Phosphorus
00940 Total Chloride _.
01034 Chromium
01067 Nickel
31616 Fecal Colifoar ►
39516 PCBs
81551 Xylene
PARAMETER CODES
00080 Color (Pt -Co)
00340 COD
00600 Total Nitrogen
00720 Cyanide
00951 Total Fluoride
01037 Total Cobalt
01077 Silver
32730 Total Phenolics
50050 Flow
00082 Color (ADMI)
00400 pH
00610 Ammonia Nitrogen
00745 Total Sulfide
01002 Total Arsenic
01042 Copper
01092 Zinc
34225 Benzene
50060 Residual Chlorine
00095 Conductivity
00530 TSS
00625 Kjeldhal Nitrogen
00927 Total Magnesium
01027 Cadmium
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 [phone] or
by visiting the NPDES web site at http://h2o.enr.state.nc.us/NPDES and visiting the "Documents" section.
The monthly average for fecal coliform is to reported as a GEOMETRIC mean.
permit for reporting data.
Use only units designated in the reporting facility's
* 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)
(D).
DWQ Form MR-1 (Revised 7/2000)