NC0026352_TX 01-021_20010705 (2)

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Delane Jackson
Town of Bladenboro
PO Box 455
Bladenboro, North Carolina 28320
SUBJECT:
Dear Ms. Jackson:
July 5, 2001
Notice of Violation and Assessment of Civil Penalty for Violations of NC
General Statute 143-215.1(a)(6) and NPDES Permit No. NC0026352
Town of Bladenboro WWTP
Bladen County
TX 01-021
This letter transmits a Notice of Violation and Assessment of Civil Penalty against The Town of
Bladenboro in the amount of $ 2,024.24 ($ 2,000.00 civil penalty +
$ 24.24 enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self -
monitoring data from February through April 2001 has been conducted. The review has shown The
Town of Bladenboro to be in violation of the 90% chronic toxicity effluent discharge limitation found in
NPDES Permit No. NC0026352. The Town of Bladenboro's toxicity self -monitoring reports for
February through April 2001 revealed the following Whole Effluent Toxicity NPDES Permit limit
violations.
February 2001
March 2001
fail
61.2% (chronic value)
Based upon the above fact(s), I conclude as a matter of law that The Town of Bladenboro violated
the terms, conditions or requirements of NPDES Permit No. NC0026352 and N.C.G.S 143-215.1(a)(6) in
the manner and extent shown above. A civil penalty in accordance with the maximum established by
N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or
requirements of a permit required by N.C.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, Paul Rawls, Division of Water Quality Regional Supervisor for the
Fayetteville Region, hereby make the following civil penalty assessment against The Town of
Bladenboro.
$ 1,000.00
Mailing Address:
Systel Building
Suite 714
Fayetteville, NC 28301
For 1 of 1 violation(s) of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0026352, by discharging waste
into the waters of the State in violation of The Town's
permit effluent limit for chronic toxicity for February 2001.
Telephone [phone]
Fax [phone]
Location:
Systel Building
Suite 714
Fayetteville, NC 28301
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

$ 1,000.00
2,000.00
For 1 of 1 violation(s) of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0026352, by discharging waste
into the waters of the State in violation of The Town's
permit effluent limit for chronic toxicity for March 2001.
TOTAL CIVIL PENALTY, which is 4 percent of
the maximum penalty authorized by G.S. 143- 215.6A.
$ 24.24 Enforcement costs.
$ 2,024.24
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 harm 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 receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources (do
not include waiver form). Payment of the penalty will not foreclose 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.
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:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be submitted
in writing. The Director of the Division of Water Quality will review the information during a
bimonthly enforcement conference and inform you of his decision in the matter of the remission
request. His response will provide details regarding case status, directions for payment and
provision for further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director and
therefore, it is very important that you prepare a complete and thorough statement in support of
your request for remission.
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 150B of the North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and

Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
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].
v.-
3
Date
ATTACHMENTS
Paul Rawls
Water Quality Regional Supervisor
Fayetteville Regional Office
Division of Water Quality
cc: Regional Supervisor w/attachments
Point Source Compliance/Enforcement Unit File w/attachments
Aquatic Toxicology Unit File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BLADEN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TOWN OF BLADENBORO WWTP
NPDES PERMIT NO. NC0026352
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. TX 01-021
Having been assessed civil penalties totaling for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
, 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 30 days
from the receipt of the notice of assessment.
This the day of , 2001.
BY
ADDRESS
TELEPHONE

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: TOWN OF BLADENBORO WWTP
County: BLADEN COUNTY
Case Number: TX 01-021
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;
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
2) The duration and gravity of the violation;
( )not significant ( )moderately significant
( )very significant ( )extremely significant
( )significant
3) The effect on ground or surface water quantity or quality or on air quality;
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
The cost of rectifying the damage;
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
The amount of money saved by noncompliance;
( )not significant ( )moderately significant
( )very significant ( )extremely significant
( )significant
6) Whether the violation was committed willfully or intentionally;
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
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
( )not significant ( )moderately significant ( )significant
( )very significant ( )extremely significant
8) The cost to the State of the enforcement procedures.
( )not significant ( )moderately significant
( )very significant ( )extremely significant
( )significant
Date Paul 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 Kerr T. Stevens

CIVIL PENALTY ASSESSMENT ADDENDUM
The Division of Water Quality (DWQ) issues/reissues NPDES permits with whole effluent toxicity
(WET) limits. The current chronic toxicity test condition language requires permittees to conduct multiple
concentration testing upon a single quarterly failure to meet the chronic toxicity permit limit. Permittees with
NPDES permits which contain "old" chronic toxicity pass/fail testing language will have the OPTION to respond
to any single quarterly toxicity test failure with follow-up multiple concentration toxicity testing (as contained in
the current language) or single concentration toxicity testing, thereby influencing the level of DWQ's enforcement
response.
NOTE: Choosing to respond to a chronic toxicity "fail" result with a pass/fail test instead of conducting multiple
concentration toxicity testing during the second and third months of the monitoring quarter (monitoring quarter
defined by your permit) will result in enforcement for single concentration test results that do not meet chronic
toxicity permit limitations.
Important WET Enforcement Policy items are:
I. CHRONIC TOXICITY TESTING
The first test of the quarter can be conducted as either a pass/fail test or a chronic
value (ChV) test.
If the pass/fail test fails or if the ChV is lower than the limit, then a Notice of
Violation (NOV) is issued and at least two ChV tests (one per month) will be
conducted over the following two months. As many analyses as can be completed
will be accepted.
A NOV will be issued for ANY test result failing to meet the permit limit.
Any civil penalties assessed will be based on performance over a quarter. Facilities
may be assessed civil penalties for any month in which compliance with the WET
limit is not achieved. DWQ's enforcement response can be influenced by conducting
multiple concentration testing for the second and third months of the monitoring
quarter. Chronic values for all follow-up tests will be averaged arithmetically. If the
average is >_ the chronic permit limit, then civil penalties will not be assessed for
monthly violations occurring during the quarter. If the average chronic value is < the
permit limit, the facility will be assessed civil penalties for each month during the
quarter in which compliance with WET was not achieved.
NPDES Permits containing chronic toxicity pass/fail testing will be modified upon
permit renewal to include the new permit language.
II. ACUTE TOXICITY TESTING
• A NOV will be issued for each acute limit violation.
• A civil penalty will be assessed for any two consecutive acute limit violations.
If you are unable to consistently comply with your toxicity permit limitation, you may notify your
respective Regional Office to discuss the possibility of entering into a Special Order by Consent (SOC). The SOC
provides conditional compliance for permit parameters with which the facility can not consistently comply and
may be issued in situations where facility operation and maintenance are not in question. If a SOC is signed by the
permittee/DWQ and contains toxicity as a noncompliant parameter, you will be required to: conduct a Toxicity
Reduction Evaluation (TRE), submit quarterly TRE progress reports and eliminate/reduce effluent toxicants so
that compliance with the whole effluent toxicity limit can be demonstrated.

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LEGEND:
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EY-
__.__.__-Effluent Aquatic Toxicity Report Form - Phase II Chronic Ceriodaphnia;
1 .N _h
:\
!
APB
Facility TOWN OF BLADENBORO NPDES # NC0026352 Pipe # 001 County BLADEN
Laboratory Pe
rmi g Test
alabs International Cert # 002
Signature .R.C.
Signature of Labohtory Supervisor
Date 4/3/01
Comments:
Lab ID: B01030227-01 A
Sample Inf°:irmation
Sample
Sample 2
Control
Collection Start Date
3/12/2001
3/15/2001
Grab
Composite (Duration)
Hardness (m9/1)
Spec. Cond. (micromhos)
Chlorine (mg/1)
Sample Temp. At Reciept
(degrees C)
24 hr
25hr
45
305 267 98.2
<0.05
1
2.0
<0.05
1.6
Test
Information
Treatment %
pH Initial
pH Final
DO Initial
DO Final
Temp Initial
Temp Final
Start Date
3/14/01
Start
100
6.92
Renew
50
7.10
End Date
3/21/01
1 Renew 2
Start Time
1550
Start Renew 1
50
7.08
Control
7.22
Control
7.11
End Time
1106
Renew 2
Control
6.78
7.39
7.11
7.00
7.39
7.10
7.11
8.3
8.5
8.3
8.3
8.4
8.3
8.2
24.8
24.1
2 3 4 5 6 7 8 9 10
Mean
Control:
# Young
Adult (L)ive (D)ead
16
17
22
22
19
19
18
22
21
18 1 19.4
L
1 2 3 4 5 6 7 8 9 10 Mean
25%
Effluent
50%
Effluent
# Young
Adult (L)ve (D)ead
# Young
Adult (L)ive (D)ead
19
19
20
18
18
_22
23
19
24 --
19
1 2 3
25
25 -
27
L
L
L
L
4 5 6 7 8
9
18 11
L L
24
27 -.
L
L
20.1
-3.61 %
Reduc.
9 10 Mean
17
22
-5.67%
Reduc.
1 2 3 4 5 6 7 8 9 10 Mean
75%
Effluent
# Young
Adult (L)ive (D)ead
0
0
0
0
0
0
0
0
0
0
90%
# Young
1 2 3 4 5 6 7 8
0
0
0
0
0
0
0
0
0
100. 00%
Reduc.
9 10 Mean
0 0
0
Effluent
AdUit (L)ive (D)ead
DDDDDDDDDD
100%
# Young
0
2 3
0
0
4 5 6 7 8
0
0
0
0
0
100-0o%
Reduc.
9 10 Mean
- 0
0
0
Effluent
Adult (L)iva (D)ead
D
Mail Original To:
NCDENR
DWQ
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
m:\departments\toxicity\at3form for toxcaic.xls
100.00%
Reduc.
Modified DEM form AT-3. BR! revised 11/2CC0
8.2
24.6
8.0
24.8
24.5 24.6
7.9
24.8
24.2
8.2
24.7
24.0
8.1
24.8
24.5
Chronic Test Results
Ina ontroi Mortality
Percent 3rd Brood
Control Reproduction CV
48 Hour Mortality
Control IWC
0%
100%
11.449
0 of 10
Significant? YES
10 of 10
Final Mortality Significant
75%
Reproduction Analysis
Repro. LOEC = 75% NOEC = 50%
Method: SIGNIFICANT MORTALITY
Normal Distrib? N/A Method: N/A
Statistic: N/A Critical: N/A
Equal Variances? N/A Method: N/A
Statistic: N/A Critical: N/A
Non -Parametric Analysis (if applicable)
Method:
Effluent % Rank Sum Critical Sum
Overall Analysis
Test LOEC = 75% NOEC = 50%
Chronic Value = 61.2%
13 )2 ;ulrmuli H.rcct Heflin tnn 1( i O) l T11_3'U 570 16()1 i,A.\ 3 f, 570 in

Effluent Toxicity Report Form - Chronic Pass/Fail and Acute LC50
Date: 03/01/01
Facility: BLADENBORO WWTP
NPDES#: NC0026352 Pipe#: 001 County: BLADEN
Laborat `v P rformi
Signature of L
SIM ABS INTERNATIONAL
Comments: 100% mortality at day 1
Work Order: 1B376-001
MAIL ORIGINAL TO:
North Carolina Ceriodaphnia
Chronic Pass/Fail Reproduction Toxicity Test
CONTROL ORGANISMS
Environmental Sciences Branch
Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
1 2 3 4 5 6 7 8 9 10 11 12
# Young Produced
0
0
0
0
0
0
0
0
0
0
0
0
Adult (L)ive (D)ead
L
L
L
L
L
L
L
L
L
L
L
L
Effluent %: 90%
TREATMENT 2 ORGANISMS 1
2 3 4 5 6 7 8 9 10 11 12
# Young Produced
0
0 0
0
0
0
0
0
0
0
0
0
Adult (L)ive (D)ead
Chronic Test Results
Calculated t =
Tabular t =
% Reduction = n/a
% Mortality
Avg.Reprod.
0.00
0.00
Control
Control
100.00
0.00
Treatment 2
Treatment 2
Control CV
0.000%
% control orgs
producing 3rd
brood
0%
PASS FAIL
Check One
pH
Control
Treatment 2
D.O.
Control
Treatment 2
1st sample 1st sample 2nd sample
7.01
7.24
7.18
7.49
s
t e
a n
r d
t
1st sample
8.3
8.7
8.6
8.8
s
t e
a n
r d
t
1st sample
LC50/Acute Toxicity Test
s
t e
a n
r d
t
2nd sample
Complete This For Either Test
Test Start Date: 02/14/01
Collection (Start) Date
Sample 1: 02/12/01 Sample 2: / /
Sample Type/Duration 2nd
1st P/F
Sample 1
Sample 2
Grab Comp. Duration
X 24 hrs
hrs
D
L
U
T
S
A
M
P
S
A
M
P
Hardness(mg/l)
Spec. Cond.(µmhos)
Chlorine(mg/l)
Sample temp. at receipt(°C)
43
83
232
<.05
n/a
3.0
n/a
(Mortality expressed as %, combining replicates)
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
Concentration
Mortality
LC50 =
95% Confidence Limits
Method of Determination
Moving Average Probit _
Spearman Karber Other
Note: Please
Complete This
Section Also
start/end start/end
Control
High
Conc.
pH D.O.
Organism Tested: Ceriodaphnia dubia
Duration(hrs):
Copied from OW form AT-1 (3/87) rev. 11/95 (DUBIA ver. 4.41)

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Delane Jackson
Town of Bladenboro
PO Box 455
Bladenboro, North Carolina 28320
SUBJECT:
Dear Ms. Jackson:
Notice of Violation
General Statute 143
Town of Bladenbon
Bladen County
TX 01-021
/1\
t(
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
for Violations of NC
No. NC0026352
This letter transmits a Notice of Violation and Assessment of Civil Penalty against The Town of
Bladenboro in the amount of $ ($ civil penalty +
$ enfo
monito
Town(
NPDE
Februa
violatic
co
tebruary >UUI
March 2001
-/
(as. A review of the facility's toxicity self-
: been conducted. The review has shown The
mic toxicity effluent discharge limitation found in
lboro' s toxicity self -monitoring reports for
/hole Effluent Toxicity NPDES Permit limit
fail
61.2% (chronic value)
Based upon the above fact(s), I conclude as a matter of law that The Town of Bladenboro violated
the terms, conditions or requirements of NPDES Permit No. NC0026352 and N.C.G.S 143-215.1(a)(6) in
the manner and extent shown above. A civil penalty in accordance with the maximum established by
N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or
requirements of a permit required by N.C.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, Paul Rawls, Division of Water Quality Regional Supervisor for the
Fayetteville t1- following civil penalty assessment against The Town of
Bladenboro.
Mailing Address
Systel Building
Suite 714
Fayetteville, NC
For of violation(s) of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0026352, by discharging waste
into the waters of the State in violation of The Town's
permit effluent limit for chronic toxicity for February 2001.
elephone [phone]
Fax [phone]
Location:
Systel Building
Suite 714
Fayetteville, NC 28301
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

For of violation(s) of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0026352, by discharging waste
into the waters of the State in violation of The Town's
permit effluent limit for chronic toxicity for March 2001.
0 `) TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143- 215.6A.
A
;2
Enforcement costs.
TOTAL AMOUNT DUE
int to G.S. 143-215.6A(c), in determining the amount of t
idings of Fact and Conclusions of Law and the factors sei
CP
(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;
(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 receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources (do
not include waiver form). Payment of the penalty will not foreclose 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.
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