HomeMy WebLinkAboutNC0020389_LM-2021-0053_20211202ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4115 6532
Return Receipt Requested
Frederick D Nelson, Interim Town Manager
Town of Benson
303 E Church St
Benson, NC 27504-0069
NORTH CAROLINA
Environmental Quality
December 2, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0020389
Town of Benson
Benson WWTP
Case No. LM-2021-0053
Johnston County
Dear Mr. Nelson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $561.57 ($525.00 civil penalty
+ $36.57 enforcement costs) against Town of Benson.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Benson for the month of June 2021. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0020389. The
violations, which occurred in June 2021, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Benson violated the terms, conditions or
requirements of NPDES WW Permit No. NC0020389 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).
North Catalina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office ' 3800 Barren Drive ; Raleigh North Carolina 27609
919.791A200
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, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Benson:
$500.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0020389, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$25.00 for I of the 1 failures to properly monitor Hardness. Total (as CaCO3) in violation of Permit No.
NC0020389.
$525.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$561.57 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 (30) days of receipt of this notice, you must do one of the following:
(I)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to 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 thirtyj30) 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 hearini 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 791-4200 or via email at mitch.hayes@ncdenr.gov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2021-0053
Assessed Party: Town of Benson
Permit No.: NC0020389
County: Johnston
Amount Assessed: $561.57
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 (i.e., 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Benson
Benson WWTP
PERMIT NO. NC0020389
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LM-2021-0053
Having been assessed civil penalties totaling $561.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 2, 2021, 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
ADDRESS
SIGNATURE
TELEPHONE
ATTACHMENT A
Town of Benson
CASE NUMBER: LM-2021-0053
PERMIT: NC0020389
FACILITY: Benson WWTP
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Johnston
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
6/5/2021 6-2021 Nitrogen, Ammonia 5 X week mg/I 3 4.59 53.0 Weekly $500.00
Total (as N) - Average
Concentration Exceeded
MONITORING VIOLATIONS)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
6/30/2021 6-2021 Hardness, Total (as Quarterly mg/I Frequency $25.00
CaCO3) Violation
I
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Benson
Facility Name: Benson WWTP
Permit Number: NC0020389
County: Johnston
Case Number: LM-2021-0053
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;
Exceeding permit limits for ammonia nitrogen causes increased nutrient loading to surface waters. Not monitoring for
quarterly hardness could be detrimental to aquatic life.
2) The duration and gravity of the violation;
Weekly ammonia nitrogen permit limit was exceeded by 53%. Effluent hardness was not monitored during April, May,
June Quarter.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on exceeding ammonia nitrogen causes increased nutrient loading to surface waters. Not monitoring for
quarterly hardness could be detrimental to aquatic life.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by noncompliance.
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;
There has been 1 enforcement case within the last 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
2 7.a z/
Date
' l6an; ,— -
dfZ Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
I
MAYOR
JERRY M MEDLIN
MAYOR PRO-TEM
CASANDRA P STACK
COMMISSIONER
MAXINE HOLLEY
JAMES D. JOHNSON
DEAN MCLAMB
WILLIAM NEIGHBORS
DR R. MAX RAYNOR
TOWN OF BENSON
P.O. BOX 69
303 EAST CHURCH STREET
BENSON, NC 27504
(919) 894-3553
FAX (919) 894-1283
www.townofbenson.com
October 4, 2021
Mitchell Hayes
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
Subject: NOV-2021-LM-0088
Mr. Hayes,
TOWN MANAGER
FREDERICK NELSON
ASSISTANT TOWN MANAGER
KIMBERLY PICKETT
TOWN CLERK
ANGELA THORNTON
TOWN ATTORNEY
R ISAAC PARKER
NC Dept of Environmental Quality
OCT OR
Raleigh Regional Office
This letter is in response to receipt for the subject violations. Both items were addressed via phone
conversation and in an email to you from Brian Leavitt, Superintendent/ORC on July 26, 2021. These
issues were identified and presented to you prior to submittal of the June 2021 eDMR.
The Limit Exceedance Violation was a result of a sampling error. Procedures were reviewed and
adjusted to help ensure this error does not occur in the future. The Monitoring Violation was an
unavoidable error in timing in regards to the required sampling periods and permit renewal. Please
accept the correspondence from that date as response to NOV-2021-LM-0088.
If there are any additional questions, please feel free to reach out to myself, our Director of Public
Works and Utilities, Tim Robbins or our Wastewater Superintendent, Brian Leavitt,
Sincerely,
Fred Nelson
Town Manager
cc: Jerry Medlin, Mayor
Kim Pickett, Asst. Town Manager
Tim Robbins, Director of Public Works and Utilities
Brian Leavitt, Wastewater Treatment Plant Superintendent/ORC
ROY COOPER
Governor
EIIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mall # 7020 3M.60 0000 2219 2962
Frederick D Nelson, Interim Town Manager
Town of Benson
303 E Church St
Benson, NC 27504-0069
NORTH CAalEnvironmentOs l
September 20, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LM-0088
Permit No. NC0020389
Benson WWTP
Johnston County
Dear Mr. Nelson:
A review of the June 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
limit Excaedance Violadom
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 6/5/2021 3 4.59 Weekly Average Exceeded
N) - Concentration (C0610)
Monitoring Violation:
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Hardness, Total (as Ca003) 6/30/2021 Quarterly Frequency Violation '_
(00900)
Mordhc/rain»wrrienta Drol aimemiers, I twgenotwe.etnagoe.
Mraaliereslonbe I 310011ireettrodre laktkpenhcaminancy.
«aruaoo
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.)143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
falls to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Repat(s). You will then be notified of any dvil penalties that may be assessed regarding the violations. If no
response Is received in this Office within the 10-day period, a dvil penalty assessment may be
Mimed.
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 induding 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
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ROY COOPER
Governor
ELIZABETH S. BISER
Seamy
S. DANIEL SMITH
Director
Return Receipt rimmed
Frederick D Nelson, Interim Town Manager
Town of Benson
303 E Church St
Benson, NC 275040069
NORTH
BwironmentolQuality
September 20, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LM-0088
Permit No. NC0020389
Benson WWTP
Johnston County
Dear Mr. Nelson:
A review of the June 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
Indicated below:
Limiticceedance Violation;
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 6/5/2021 3 4.59 Weekly Average Exceeded
N) - Concentration (C0610)
Monitoring Violation:
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Hardness, Total (as CaCO3) 6/30/2021 Quarterly Frequency Violation
(00900)
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R6lelde RegkeW Oftbe 1MOO Mem OAT I Raleigh. NoMCarobs 27609
919.79L4200
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RlibLir name and address on the reverse
so that We can return the nand to you.
■ Attach this card to the back of the mallpiece,
or on the front If apace permits.
FREOERICK D. NELSON, INTERIM TOWN MANAGER
TOWN OF BENSON
303 E. CHURCH STREET
BENSON, NC 27504-0069
NOV-2021-LIM0OU / NOY-INTENT TO ASSESS / 20210924
BENSONWWTP / N00020389/JOHNSTON COUNTY
REC: 7020 3160 0000 2219 2962 / M 09/20/2021
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WATER QUALITY REGIONAL OPERATIONS
SECTION
NC DEQ- RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
I
NPDES PERMIT NO.: NC0020389 PERMIT VERSION: 5.0
FACILITY NAME: Benson WWTP CLASS: WW-4.
QWNER NAME: Town of Benson ORC: Brian Peter Leavitt
GRADE: WW-4 ORC HAS CHANGED: No
eDMR PERIOD: 06-2021 (June 2021) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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9.8
Y
1.209
26.3
6.86
< 10
<2
0.09
< 2.5
7 6
24
0730
24
0700
9.2
Y
0.741
26.1
6.89
< 10
<2
0.07
11
7 54
23
0730
24
0700
9.9
Y
0.94
26.3
6.88
< 10
2.2
0.05
< 2.5
7.55
16
1.655
17
0.986
30
0730
24
0655
9.2
Y
0.978
27.9
6.86
<10
<2
0.16
<2.5
741
19
0730
24
0700
93
Y
0912
28.4
6.8
<10
<2
0.14
373
746
30
0730
24
0655
9.2
Y
1 416
28.4
6.87
< 10
<2
0.11
7 37
Abaft Average Unit
1.9
5
1
30
100
Heathy A.engt
1.045867
26.545455
1.409091
1.459091
0.916818
0
17 448458
7 518636
Daily Ma:imam:
1.655
28.4
6.96
11
5.4
17.88
0
83 3
7 87
Daily 011atmam:
0.741
24.6
6.72
0
0
0
0
4 I
7 3
•••• No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation -Adverse Weather; NOFLOW= No Flow; HOLIDAY No Visitation -Holiday
Discharge Monitoring Report - Copy Of Record (COR NC0020389 Ver 1.0_6 2021.pdf)
NPDES PERMIT NO.: NC0020389 PERMIT VERSION: 5 0
FACILITY NAME: Benson WWTP CLASS: WW-4.
OWNER NAME: Town of Benson ORC: Brian Peter Leavitt
GRADE: WW-4 ORC HAS CHANGED: No
eDMR PERIOD: 06-2021 (June 2021) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
F
I
i
1a4
F=
j
I
M
M
y
D
$
ok
I
QM600
C0600
QY600
C0665
00094
82220
00900
00630
110625
cow
Monthly
Weekly
Annually
Weekly
SXweek
Monthly
Quarterly
Weekly
Weekly
Calculated
Calculated
Calculated
Composite
Grab
Calculated
Composite
Composite
Composite
Calculated
7OTALN-
TOTALN-
TOTALN-
TOTALP-
CNDUCIVY
TOT FLOW
TOT HARD
NOZ&NO3
TOT KIEL
NICKEL
2400 clock
Rev
MO clock
Rn
Y/B/N
lb/mon
mgll
lbs/yr
mg/l
umhas/cm
rang/month
mg/I
mg/1
mg/I
ugll
I
0730
24
0656
9.1
Y
158.1
2
0730
24
0700
9
B
4.34
155
150.4
3 24
1 1
3
0730
24
0700
9
B
149.3
*
0730
24
0700
9
B
160.5
S
4
7
0730
24
0700
9
B
144.3
0
0730
24
0700
9
B
151
9
0730
24
0700
9
B
2.59
199
160.4
115
144
10
0730
24
0700
9
B
156.9
11
0730
24
0700
9
B
159.5
12
13
11
0730
24
0700
9 1
Y
157 6
13
0730
24
0651
9.6
Y
206.4
16
0730
24
0657
9.3
Y
2.04
1.6
232.4
128
0.76
17
0730
24
0700
9
V
215 7
is
0730
24
0654
9.5
Y
210.1
19
20
21
0730
24
0650
9.2
Y
221.9
22
0730
24
0646
9 5
Y
223.5
23
0730
24
0647
9.8
Y
3 3
2.55
231.5
2.06
124
24
0730
24
0700
9.2
Y
226.4
25
0730
24
0700
99
Y
239,4
26
27
29
0730
24
0655
9,2
V
2319
!9
0730
24
0700
9.3
Y
232.2
30
0730
24
0655
9 2
Y
_
768.8
2.42
1 94
227 9
31.38
1.42
1
< 10
Monthly Avenge Untie
Maotaly Aveiape
768.8
2 938
1.926
193.059091
31 38
1 83
1 108
0
Dilly Marimam:
768.8
4.34
2.55
239.4
31 38
3 24
144
0
Daily Mialmo=
768.8
2.04
1.55
144 3
31 38
1 15
0.76
0
**** No Reporting Reason. ENFRUSE No Flow-Reuse/Recycle; ENVWTHR No Visitation - Adverse Weather; NOFLOW No Flow; HOLIDAY - No Vi nation - Holiday
Discharge Monitoring Report - Copy Of Record (COR_NC0020389_Ver 1.0 6_2021.pdf)
NPDES PERMIT NO.: NC0020389 PERMIT VERSION: 5.0 PERMIT STATUS: Active
FACILITY NAME: Benson WWTP CLASS: WW-4. COUNTY: Johnston
OWNER NAME: Town of Benson ORC: Brian Peter Leavitt ORC CERT NUMBER: 1007653
GRADE: WW-4 ORC HAS CHANGED: No
eDMR PERIOD: 06-202I (June 2021) VERSION: 1.0
STATUS: Submitted
SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001
r
8
1
I
i
$
I
A
CO3t0
C0530
5 X week
2 X week
Composite
Composite
BOO- Cane
1SS-Cone
2400
Hrs
mg4
mgl1
1
0740
24
131
2
0740
24
165
104
3
0740
24
95
101
8
0740
24
140
147
5
6
7
0740
24
118
e
0740
24
147
116
9
0740
24
152
10
0740
24
157
115
11
0740
24
183
12
13
14
0740
24
123
15
0740
24
127
127
16
0740
24
132
17
0740
24
148
123
18
0740
24
157
19
20
21
0740
24
153
22
0740
24
113
23
0740
24
150
125
24
0740
24
138
25
0740
24
174
124
26
27
28
0740
24
126
119
29
0740
24
80
30
0740
24
126
Malady Avenge Lima:'
I.
Monshly Arerag:',
137 954545
120.1
DaOy Maalmo=
183
147
Daily Mioimom:.
80
101 li
•sss No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENVWTHR - No Visitation - Adverse Weather, NOFLOW ■ No Flow, HOLIDAY - No Visitation Holiday
Discharge Monitoring Report - Copy Of Record (COR NC0020389 Ver_1.0_6 2021.pdf)
NPDES PERMIT NO.: NC0020389
FACILITY NAME: Benson WWTP
OWNER NAME: Town of Benson
GRADE: WW-4
eDMR PERIOD: 06-2021 (June 2021)
COMPLIANCE STATUS: Non -Compliant
PERMIT VERSION: 5.0
CLASS: WW-4.
ORC: Brian Peter Leavitt
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: 9198942373
Electronically Certified by Brian Leavitt on 2021-07-29 15:38:45.382
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SUBMISSION DATE: 07/30/2021
ORC/Certifier Signature:Brian Leavitt
I certify that this report is accurate and complete to the best of my knowledge.
Phone #:919-902-9599 Date
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 Tim Robbins on 2021-07-30 09:52:42.641
Permittee,'Submitter Signature: ***Tim Robbins Phone #:919-427-9053
Permittee Address: 770 Hannah Creek Rd Benson NC 27504 Permit Expiration Date: 04/30/2026
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 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.
CERTIFIED LABORATORIES
LAB NAME: Benson POTW Lab
CERTIFIED LAB #: #196; 2nd Lab Environment 1 #10
PERSON(s) COLLECTING SAMPLES: Staff Names on file
PARAMETER CODES
Parameter Code assistance may be obtained by visiting https:?.deq.nc,gov,'about/divisions/water-resources/edmr,user-documentation.
Date
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/Discharge 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_NC0020389_Ver_I.0 6_2021.pdf)
NPDES PERMIT NO.: NC0020389 PERMIT VERSION: 5,0 PERMIT STATUS: Active
FACILITY NAME: Benson WWTP CLASS: WW-4. COUNTY: Johnston
OWNER NAME: Town of Benson ORC: Brian Peter Leavitt ORC CERT NUMBER: 1007653
GRADE: WW-4 ORC HAS CHANGED: No
eDMR PERIOD: 06-2021 (June 2021) VERSION: 1.0 STATUS: Submitted
Report Comments:
Weekly average Ammonia Nitrogen exceedance for first week because influent sample was accidentally poured into the Ammonia Nitrogen sample bottle that was sent to
Environment 1 for testing on June 3rd. I am confident that the 17.88 mg/L result does not reflect what was actually discharged, but we did not have any preserved sample left to
retest.
uocusign tnveiope iu: ubfiibFtu-136C-4UU!-9A1C-5I88C1-31DCOD
Permit NC0020389
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
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 Water Quality Commission, and the Federal Water
Pollution Control Act, as amended, the
Town of Benson
is hereby authorized to discharge wastewater from a facility located at the
Benson Wastewater Treatment Facility
770 Hannah Creek Road (south of I-95)
Four Oaks
Johnston County
to receiving waters designated as Hannah Creek in the Neuse River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II,
III and IV hereof.
This permit shall become effective: May 1, 2021.
This permit and authorization to discharge shall expire at midnight on April 30, 2026.
Signed this day: April 12, 2021.
DocruSiignerd byy:t`, • +I, r r `
C464531431644FE..
for S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
DocuSign Envelope ID: D57B5FFD-136C-4BC7-9A1C-5788CF31DCOD
Permit NC0020389
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade IV Biological Water Pollution Control System
[15A NCAC 08G .0302]
Beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and
monitored' by the Permittee as specified below:
PARAMETER CHARACTERISTICS
Parameter Code
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow 50050
1.9 MGD
Continuous
RecordingInfluent
or
Effluent
Total Monthly Flow (MG) 3 82220
Monitor and Report
Monthly
Recorded or
Calculated
Effluent
BOD 5-day, 20°C + C0310
(April 1— October 31)
5.0 mg/L
7.5 mglL
Daily
Composite
Influent &
Effluent
BOO 5-day, 20°C C0310
(November 1— March 31) 4
10.0 mg/L
15.0 mg/L
2/week 14
Composite
Influent & Effluent
Total Suspended Solids C0530
[TSB)
30.0 mg/L
45.0 mg/L
2/week 14
Composite
Influent &
Effluent
Ammonia (NH, as N) C0610
(April 1- October 31)
1.0 mg/L
3.0 mg/L
Daily
Composite
Effluent
Ammonia (NH, as N) C0610
(November 1- March 31)
2.0 mglL
6.0 mg/L
2/week 14
Composite
Effluent
pH 00400
Between 6.0 and 9.0 standard units
Daily
Grab
Effluent
Dissolved Oxygen (mg/L) 00300
Daily Average a 6.0 mglL
Daily
Grab
Effluent
Fecal Coliform 31616
(geometric mean)
200/100 mL
400/100 mL
2/week 14
Grab
Effluent
Temperature (°C) 00010
Monitor and Report
Daily
Grab
Effluent
Conductivity (mohms/cm) 00094
Monitor and Report
Daily
Grab
Effluent
Total Residual Chlorine 50060
(TRC) 5
17 IL
N9
DailyGrab
Effluent
TKN (mg/L) 6 00625
Monitor and Report
Weekly
Composite
Effluent
NO3-N + NO2-N (mg/L) 6 00630
Monitor and Report
Weekly
Composite
Effluent
TN (mg/L) 3'6 C0600
Monitor and Report
Weekly
Composite
Effluent
QM600
TN Load 3
QY600
Monitor and Report (pounds/month)
Monthly
Calculated
Effluent
33,070 pounds/year (annual mass loading)?
Annually
Calculated
Effluent
Total Phosphorus C0665
2.0 mg/L (Quarterly Average)8
Weekly
Composite
Effluent
Total Nickels 01067
62.1 pg/L
558.9 pg/L
Monthly
Composite
Effluent
Chronic Toxicity 10 TGP38
Monitor and Report
Quarterly
Composite
Effluent
Effluent Pollutant Scan NC01
Monitor and Report
See Footnote 11
Effluent
Total Hardness [as 00900
CaCO31(mglL)12
Monitor and Report
po
QuarterlyComposite
po
Effluent
Dissolved Oxygen (mg/L) 00300
Monitor and Report
Variable 2
Grab
U & D
Fecal Coliform (geometric 31616
mean)
Monitor and Report
Variable 2
Grab
U & D
Temperature (°C) 00010
Monitor and Report
Variable 2
Grab
U & D
Cont. on next page
Page 1 of 10
uorsullgn trwtllope iu. uoreorru-Iant4csVi-10+7L,-S(tstitors1LVuu
Permit NC0020389
PARAMETER CHARACTERISTICS
Parameter Code
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location z
Conductivity (mohmslcm) 00099
Monitor and Report
Variable 2
Grab
U & D
Total Hardness 3as 00900
CaCO3] (mg1L)
Monitor and Report
Quarterly
Grab
U & D
Footnotes:
1. Submit discharge monitoring reports electronically using the NC DWR's eDMR application system. See
section A. (8.).
2. U: Upstream at the culvert on NCSR 1158. D: Downstream at NCSR 1227. Stream samples shall be
grab samples collected 3/Week from June to September and 1/Week during the remaining months of the
year. As a participant in the Lower Neuse River Basin Association, the instream monitoring requirements
as stated above are waived. Should your membership in the association be terminated, you shall notify
the Division immediately and the instream monitoring requirements specified in your permit shall be
reinstated.
3. Total Nitrogen Load is the mass quantity of Total Nitrogen (TN) discharged in a given period of time and
requires Total Monthly Flow (TMF). See condition A. (3.). Calculation of Total Nitrogen Loads.
4. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed I5%
of the respective influent value (85% removal).
5. Total Residual Chlorine compliance is required if chlorine or chlorine derivative is used for disinfection.
The Division shall consider all effluent TRC values reported below 50 ugh to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 ug/1.
6. For a given wastewater sample, Total Nitrogen (TN) = TKN + (NO3-N + NO2-N) where TKN is Total
Kjeldahl Nitrogen, and (NO3-N + NO2-N) is Nitrate and Nitrite Nitrogen.
7. Compliance with this limit shall be determined in accordance with conditions A. (4.) Annual Limits for
Total Nitrogen. and A. (5.) Total Nitrogen Allocations.
8. The quarterly average for total phosphorus shall be the average of composite samples collected weekly
during the calendar quarter (January -March, April -June, July -September, October -December).
9. Monitoring for Nickel shall be conducted in conjunction with the Chronic Toxicity monitoring.
10. Chronic Toxicity (Ceriodaphnia dubia) P/F at 90%: January, April, July, and October [see
condition A. (2.)]. Toxicity monitoring shall coincide with metals monitoring.
11. The permittee shall perform three Effluent Pollutant Scans during the term of this permit [see A.
(7.)].
12. Effluent Total Hardness sampling shall be performed in conjunction with testing for hardness -
dependent metals (cadmium, copper, lead, nickel, silver, and zinc).
13. The permittee shall sample instream hardness upstream of the facility's discharge. The sample
shall be representative of the hardness in the receiving stream. If the permittee is a member of a
monitoring coalition program, sampling for instream hardness may be waived as long as the
monitoring coalition agrees to sample hardness at the nearest upstream location, at a minimum
frequency of quarterly, and the permittee has obtained approval from DWR-NPDES Permitting
Unit that the upstream station being monitored by the Coalition is representative of the receiving
stream for this discharge. The permittee is responsible for submitting instream hardness test
results with its permit renewal application package. If Coalition membership is cancelled or the
Coalition terminates instream hardness sampling at the approved station, the permittee will
immediately notify the Division and resume sampling for instream hardness upstream of its
discharge.
14. 2/week sampling must occur on any two non-consecutive days during the calendar week.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 2 of 10
N
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Permit Enforcement History Details by Owner
Town of Benson
• Johnston
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Total Balance Due : $3,000.00
Sum Of Total Paid:$89,727.88
Total Enforcement Cost: $2,427.88
Total Penalty Amount: $90,800
O)
Total Penalties After Remissions : $92,727.88
Sum of Total Case Penalties: $93,227.88