WQ0002519_LV-2017-0126_20170413

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Water Resources
ENVIRONMENTAL QUALITY
Certified Mail # 70160910000065604050
Return Receipt Requested
April 13, 2017
Clay Helm, Board Chairman Commisioners of
Minzies Creek Sanitary Sewer District
139 Treasure Ln
Hertford, NC 27944-8194
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Non -discharge Permit No. WQ0002519
Minzies Creek Sanitary Sewer District
Holiday Island WWTP
Case No. LV-2017-0126
Perquimans County
Dear Mr. Helm:
ROY COOPER
Governor
MICHAEL S. REGAN
Scererury
S. JAY ZIMMERMAN
Director
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $427.00 ($312.50 civil penalty +
$114.50 enforcement costs) against Minzies Creek Sanitary Sewer District.
This assessment is based upon the following facts: a review has been conducted of the non -discharge monitoring report
(NDMR) submitted by Minzies Creek Sanitary Sewer District for the month of September 2016. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in Non -discharge Permit
No. WQ0002519. The violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Minzies Creek Sanitary Sewer District violated the terms, "
conditions or requirements of Non -discharge Permit No. WQ0002519 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 Environmental Quality and the Director of the Division of Water Resources, I, Robert Tankard, Assistant
Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Minzies Creek
Sanitary Sewer District:
State of North Carolina I Environmental Quality I Water Resources
943 Washington Square Mall, Washington, NC 27889
252-946-6481

$0.00
$312.50
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0 of the 1 violations of 143-215.1(a)(6) and Permit No.WQ0002519, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for FLOW.
1 of the 1 violations of 143-215.1(a)(6) and Permit No.WQ0002519, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N.
$312.50 TOTAL CIVIL PENALTY
$114.50 Enforcement Costs
$427.00 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment' of the penalty:
Payment should be made directlyto the order of the Department of Environmental Quality (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:
Wastewater Branch
Division of Water Resources
.1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 Resources 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 Water Resources 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 Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
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 Robert Tankard with the Division of Water Resources staff of the Washington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Washington Regional Office - Enforcement File
Non -discharge Permitting Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0126
Assessed Party: Minzies Creek Sanitary Sewer District
Permit No.: WQ0002519
County: Perquimans
Amount Assessed: $427.00
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 apply. 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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

, STATE OF NORTH CAROLINA
COUNTY OF PERQUIMANS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Minzies Creek Sanitary Sewer District
Holiday Island WWTP
PERMIT NO. WQ0002519
W 2 6 ' - ram` `t�1 \ Z,r `i G rt ry
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0126
Having been assessed civil penalties totaling $427.00 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 13, 2017, 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 Resources 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
Minzies Creek Sanitary Sewer District
CASE NUMBER: LV-2017-0126
PERMIT: WQ0002519
FACILITY: Holiday Island WWTP
NIP .,IDcfit,Sin{x�,,n
REGION: Washington
COUNTY: Perquimans
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
9/30/2016 9-2016 Flow, in conduit or thru Monthly gpd 5000 10006 100.1 Monthly
treatment plant Average
Exceeded
$0.00
9/30/2016 9-2016 Nitrogen, Ammonia Monthly mg/I 4 11.00 176.0 Monthly
Total (as N) Average
Exceeded
$312.50

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Minzies Creek Sanitary Sewer District
Facility Name: Holiday Island WWTP
Permit Number: W00002519
County: Pero uimans
Case Number: LV-2017-0126
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; The facility has failed to treat the wastewater to the permitted effluent
limits. The wastewater could cause depletion of oxygen in surface waters and could add nitrogen to the water body
which could cause algae blooms and fish kills. The evapotranspiration ponds discharge to a swamp which flows to
Minzies Creek. The Creek is used for recreational purposes.
2) The duration and gravity of the violation; The facility has been under a SOC since November 2013 (application
received). Prior SOCs have been issued for same issues. The facility can not properly dispose of their treated
wastewater. Wastewater goes to three evapotranspiration ponds. From their it discharges without a permit
into a swamp which flows to Minzies Creek which is upstream of the trailer park. The facility was assessed for
violations in January, February, March and May 2016.
3) The effect on ground or surface water quantity or quality or on air quality; The failure to treat the wastewater to
the limits in the permit could cause algal blooms and fish kills and possible health issues.
4) The cost of rectifying the damage; The cost of rectifying the damage is unknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is also unknown,
but will be the cost of a new wastewater plant and disposal system.
6) Whether the violation was committed willfully or intentionally; The violations are not willful, but the Sewer
District could do more to prevent the violations from occurring.
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 the Washington Regional Office has
worked with the HOA and Sanitary District since 2004 and have yet to comply with programs.
8) The cost to the State of the enforcement procedures.
$114.50
4-l3 -/7
Date
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

Tankard, Robert
From: CHARLES JONES Jones <[e-mail]>
Sent: Thursday, January 12, 2017 9:42 AM
To: ,Clay Helm
Cc: L. Clifton Smith, III; Wilma Helm; ([e-mail]); linwood hines; Tankard,
Robert
Subject: Re: NOV's for Minzies Creek
Mr. Helm,
The only answer that I can provide is the same one that I gave on the monthly report, which is the periods of low flows
coupled with extreme high flows stresses the system and washes out the process. Once the process is gone, it takes
time to re-establish the bacteria. Temperature fluctuations also hinder the process. Until the I and I problems are
addressed, problems like this will continue. As far as letting the state know, the reports have to be reviewed as soon as
they are received and the regional office notified by phone or email. I would also suggest that if the first monthly
sample was found to be out of compliance, another set of samples be taken and averaged with the first. Even though
only one is required, nothing says that you cannot take more. I have observed and reviewed Joe's sampling technique
and it seems to be satisfactory. I believe that if the facility could start returning all of the effluent and sending only 6000
gallons to the cells each day, and force it into extended aeration conditions, the numbers should come down. The only
problem with this is the excessive flows due to storm events. Different steps would have to be taken in that event.
Be aware that the facility is also non -compliant for stand-by power and free board amounts. The next state inspection
will surely note these and will result in more NOV's or non-compliance with the permit.
Chuck Jones
252.333.8766 cell
From: "Clay Helm" <[e-mail]>
To: "C Jones" <[e-mail]>
Cc: "L. Clifton Smith, III" <[e-mail]>, "Wilma Helm" <[e-mail]>,
"([e-mail])" <[e-mail]>, "linwood hines" <[e-mail]>,
"Robert Tankard ([e-mail])" <[e-mail]>
Sent: Tuesday, January 10, 2017 4:55:05 PM
Subject: NOV's for Minzies Creek
Chuck;
We have received two NOV's for Minzies Creek sanitary District. Wilma has forwarded them to you. We have to write a
response and need to know why we had these failures to our system. We have not heard from you on either of the
NOV's and need the information to tell NC water Resources Environmental Quality.
Please respond quickly. If you need the NOV's resent, let me know.
Clay Helm
Commissioner
Minzies Creek Sanitary District
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