HomeMy WebLinkAboutNC0087840_MV-2021-0008_20210423DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Middlesex
Facility Name: Well #4 WTP
Permit Number: NC0087840
County: Nash
Case Number: MV-2021-0008
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;
Unknown amount of total nitrogen and total phosphorus passed through the plant. Increased nutrients to water quality.
n 3 . 5 w✓ c cs• v. Cr ti.{ < (.+ ,,er ' 1
2) The duration and gravity of the violation; V i 7 t.,�as4,, 5
The event took place from 06.01.2020 through 12.31.2020.
3) The effect on ground or surface water quantity or quality or on air quality;
Increased nutrient loading to surface waters. C.-A' caAvie wo ercis KRA t V s`v :
\ cA C-4 ti Ok 04L e-c /'w o f
4) The cost of rectifying the damage; Q" e
tbri 1-.1t442- � 5freuu-L.(4
No cost is given.
5) The amount of money saved by noncompliance;
The cost of analyses for TN and TP.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violations were 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;
The last enforcement case was LV-2008-0215.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
10232 South Nash Street
Post Office Box 69
Middlesex, NC 27557
252-235-5761 fax 235-5762
To •vn of Middlesex
March 4, 2021
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation & Intent to Assess Civil Penalty
Tracking Number: NOV-2021-MV-0021
Permit# NC 0087840
Middlesex Well 4 4 yap
Nash County
Mr. Vinson:
The Town of Middlesex appreciates the opportunity to respond to NOV-2021-MV-0021 dated
February 25, 2021. This letter shall serve as the Town of Middlesex response and it is
our hope that the information provided will result in no further action by the Division.
Pertaining to the Frequency Violation for the Semi -Annual sampling for Total Nitrogen and
Total Phosphorous:
The normal procedure for this and all sampling requires the lab to send the bottles that are needed for
the months sampling. The bottles for the Total Nitrogen and Total Phosphorous were not included in
the initial delivery. The operator contacted the lab about the issues and was reassured the bottles would
be sent.
The bottles were not received and therefore the operator forgot and failed to sample the
required parameter.
Based on the Towns history of compliance we respectfully request that the Division consider these
efforts and take no further action. If we can be of any further assistance or additional information is
needed, please contact me at (252) 235-5761.
Lu I lar. ey. 11Ia5`,
Town ofMiddlesex
OY COOPER
IICHAEL 5 REGAN
•crnrary
. DANIEL SMITH
:reek)."
:ertified Mail # 7017 2680 Q000 2219 6012
ILeturn Receipt Requested •
uther Harvey Lewis, Mayor
own of Middlesex
0 Box 69
liddlesex, NC 27557
• q.�
NOR 11I CAROI INA
En vironm cnta! Quality
February 25, 2021
;UBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-MV-0021
Permit No. NC0087840
Well #4 WTP
Nash County
Iayor Lewis:
review of the December 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the
olations indicated below:
lonitorino Violations:
Sample
Location Parameter
001 Effluent
Nitrogen, Total - Concentration
(C0600)
001 Effluent
Phosphorus, Total (as P) -
Concentration (C0665)
Date
12/31/2020
Monitoring
Frequency Type of Violation
Semi-annually Frequency Violation
12/31/2020 Semi-annually Frequency Violation
Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
atute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215,6A, a civil penalty of
)t more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
ils to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
E3-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten _ 1A business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s), You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the
Raleigh Regional Office at 919-791-4200.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche
_ . . . - - . -
Owner :
Facility :
Permit :
Region :
Town of Middlesex
Well #4 WTP
NC0087840
Raleigh
Permit Enforcement History Details by Owner
County : Nash
Penalty
Assessment Penalty Enforcement
Case MR Approved Amount Costs Damages
Number
Remission Enf Enf EMC EMC OAH Collection
Request Conf Remission Hearing Remission Remission MemoSent Total
Received Held Amount Held Amount Amount To AGO Paid
4/21/2021
Balance
Due
Has
Pmt Case
Plan Closed
LM-2006-004: 10-2005 8/31/06 $250.00 $47.79
$297.79
$0.00 No 3/18/07
LM-2006-005! 9-2006 12/8/06 $100.00 $47.79 $147.79 $0.00 No 1211910E
LV-2007-022e 3-2007 6/15/07 $700.00 $47.79
$747.79 $0.00 No 7126107
LV-2007-026€ 5-2007 7/9/07 $350.00 $47.79
$397.79
$0.00 No 7/26107
LV-2007-038$ 6-2007 10/9/07 $550.00 $47.79
$597.79
$0.00 No 10/23/0 i
LV-2007-038$ 7-2007 10/9/07 $550.00 $47.79
$597.79 $0.00 No 10l23107
LV-2007-047Ei 8-2007 12113107$700.00 $47.79
$747.79 $0.00 No 2115l08
LV-2007-047E 9-2007 12113/075700.00 $47.79
$747.79 $0.00 No 2/15/08
LR-2008-000E 3-2008 5/28/08 $500.00 $100.00 6/11/08 8/13/08 $500.00 $100.00 $0.00 No 8/25/08
LV-2008-021E 4-2008 6/18/08 $675.00 $49.68 $574.68 $0.00 No 10/9/08
LV-2008-021: 3-2008 6/23/08 $675.00 $49.68
$574.68 $0.00 Na 9/26/08
Total Cases:
9 Total Penalty Amount: $5,750
Total Enforcement Cost: $581.68
Sum Of Total Paid:$5,531.68 Total Balance Due : $0.00
Sum of Total Case Penalties: $6,331 68 Total Penalties After Remissions : $5.531 68
NPDES Permit NC0087840
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended, the
Town of Middlesex
is hereby authorized to discharge treated wastewater from a facility known as
Middlesex Well No. 4 Water Treatment Plant (WTP)
10921 East Finch Street, Middlesex
Nash County
to receiving waters designated as unnamed tributary (UT) to Turkey Creek within the Neuse River
Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, II, III, and IV hereof.
The permit shall become effective, September 1, 2018.
This permit and the authorization to discharge shall expire at midnight on April 30, 2023.
Signed this day August 3, 2018.
a Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
NPDES Permit NC0087840
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[NCAC 02B.0400 et seq., 02B.0500 et seq.] WTP Class PC-1
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge filter backwash via Outfall 001. Such discharges shall be limited, monitored and
reportedl by the Permittee as specified below:
EFFLUENT
CHARACTERISTIC
[PARAMETER CODES)
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow 2
50050
2/Month
Instantaneous
Effluent
Total Suspended Solids
C0530
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Total Residual Chlorine
50060
17 µg/L 3
2/Month
Grab
Effluent
pH [standard units]
00400
Not < 6.0 or > 9.0
2/Month
Grab
Effluent
Turbidity (mg/L)
00070
2/Month
Grab
Effluent
Total Manganese (µg/L)
01055
Quarterly
Grab
Effluent
Total Nitrogen (TN) 4 (mg/L)
C0610
Semi-annually
Grab
Effluent
Total Phosphorus (TP) (mg/L)
C0665
Semi-annually
Grab
Effluent
Footnotes:
1. Beginning from the permit effective date, the Permittee shall report monthly discharge monitoring
data electronically using the NCDWR's Electronic Discharge Monitoring Report (eDMR) internet
application [See Section A. (2.) for eDMR submittal requirements].
2. Flow: Permittee shall record both flow rate and flow duration in log books; Iogs to be kept onsite
available for DWR inspection; Permittee shall report Total Daily Discharge in all monthly
DMRs/eDMRs,
3. The Division shall consider compliant all TRC effluent values reported below 50 µg/L. However,
the Permittee shall continue to record and submit all values reported by North Carolina -certified
test methods (including field certified), even if these values fall below 50 µg/L.
4. TN " TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and
NO3 N + NO2-N are Nitrate and Nitrite Nitrogen, respectively.
Conditions:
• All effluent samples shall accurately represent the physical and/or chemical character of the discharge.
• The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
• There shall be no discharge of wastes or chemicals unrelated to responsible treatment of raw water.
Page 3 of 6
NPDES PERNIIT NO.: NC0087840 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Well #4 WTP CLASS: PC -I COUNTY: Nash
OWNER NAME: Town of Middlesex ORC: William Edward Lamm ORC CERT NUMBER: 994049
GRADE: PC -I ORC HAS CHANGED: No
cDMR PERIOD: 12-2020 (December 2020) VERSION: 1.0
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
-
`e_
i-
R
S
fi
e
,
7.
1E
-
F
-7.
-
No Reporlln= Prawn••••
50050
0040o
.04060
411340
C11600
C11665
OIOaa
4.i70
2 X month
2 X month
2 X month
2 X month
Semi-annually
Senn -annual .
Inslantan ous
Grab
Grab
Grab
Grab
Grab
0iiiak.
Crr^
FIAMA
P H
1'III.r1R1\F.
7S5-Caar
TIITAI 5. 1'snr
TI2T.i1. P. that
\I \\fi\EtiF.
7l ROIPT\
MA00clark
Ho
2100<Usk
11r.
1'16S
mg:l
su
ugl
mgI
mg.{
nlgl
'pi
I
2
1125
1.0
Y
0.0004
7.69
17
7
8
1
4
s
6
7
a
9
1225
15
Y
0.0004
IO
I
12
11
11
15
1b
17
IF
1145
1.25
V
0.0004
19
20
21
11
1015
1.0
V
owns
7 77
16
7
21
24
25
26
27
2F
19
20
7i
1215
1.25
Y
0.0004
lreniki} A, trio 1.10111:
10
kl.alki} A7rn0:
0.00042
16.5
7
IONS
D.14 Minimum:
0.0005
7 77
17
7
1 I n
D.II} Minimum
0.0004
7,69
16
7
11.5
"" No Reporting Reason: IiNFRUSE = No Flow-Reuse/Recycle; EN VWTI IR = No Visitation - Adverse Weather. NOFLOW - No Flow: HOLIDAY = No Visitation - hloliday
Discharge Monitoring Report - Copy Of Record(COR_NC0087840_Ver_1.0_I2_2020.pdf)
NPDES PERMIT NO.: NC0087840 PERMIT VERSION: 4 0 PERMIT STATUS: Active
FACILITY NAME: Well #4 WTP CLASS: PC -I COUNTY: Nash
OWNER NAME: Town of Middlesex ORC: William Edward Lamm ORC CERT NUMBER: 994049
GRADE: PC -I ORC HAS CHANGED: No
eDMR PERIOD: 12-2020 (December 2020) VERSION: 1.0 STATUS: Submitted
COMPLIANCE STATUS: Compliant CONTACT PHONE #: 2522354900 SUBMISSION DATE: 02/012021
Electronically Certified by William Lamm on 2021-02-01 13:48:41.888
ORC/Certifier Signature:William Lamm Phone #:2522354900 Date
!certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of the
NPDES permit.
Electronically Signed by Rebecca Manning on 2021-02-01 13:49:12.674
Permittee/Submitter Signature: ***Rebecca Manning
Phone #:252-235-4900 Date
Permittee Address: 10921 E Finch St Middlesex NC 27557 Permit Expiration Date: 04130,2023
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 inquiry of the person or persons who managed 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.
LAB NAME: Mcritcch, Inc.
CERTIFIED LAB #: 165
PERSON(s) COLLECTING SAMPLES: William E Lamm
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by visiting https:i•deq.nc.gov. about/divisions'water-resources.edmruser-documentation,
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow+Discharge From Site: YES indicates that No Flow'Dtscharge occurred and, as a result, no data is reported for any parameter on the DMR for the
entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).
Discharge Monitoring Report - Copy Of Record(COR_NC0087840_Ver_1.0_12_2020.pdQ