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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