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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 PionharciraDowerwidEndrerionalibrity I T..r.a.dVMrrR.o...a Rehl-hReglreulalNce able ytU Me + fetaphNenhasultrr2/601 91%111.4301) nr7i 51,171, 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) Mrthe.arelnaDeprneeneefBmtrarnteralQueley I ObidoedYViterReeeureee R6lelde RegkeW Oftbe 1MOO Mem OAT I Raleigh. NoMCarobs 27609 919.79L4200 Clotmirth Kernel, 2, and 3. 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 111111111 liii 111111 11111111 1111111 111111111111 9590 9402 3222 7196 7711 26 Priftent Addressee �l4W- addrihis ri ? D 1be yfrom Item addrees below: No ental QUality SEP ? n 2011 2. Miele Number Ranee from serrke labe6 7020 3160 0000 2219 PS Form 3811, July 2015 PEN 7530"02-000-9063 U.S- Postal Service' CERTIFIED rim.... RECEIPT 3. 3a O Adult Scrotum Ck 1(�1la 0 Adult o (*Mal Mete alarolus Restricted Delivery o C lded MaB R.ehlobJDewey 0 �RMo.ptkr 0 Collect co Wary 0 Ceded en Deenny Restricted Draw 0Stalkals Conamodonni yy• • Medal 5 - • • Ma RNAloted n ,.......e min 0 Glendon 2 9 6 2 WI Restricted D.Adwy Restricted Daeyay ru ..0 0- r1J hr ru ru Q ca a .A m a ru C7 P- lJ,_riI;laid;July. FOi r1..Iirei y .604511•1;111V,1. S,1 i'J.1 W Ij wily, ail �'ri�-', .�}lip Gvni '. iNi.5A4cT MAI Fo ey Domes*, Return Rooelp* r .a .oak. f]rMeellDolotleeudeopp e pRelers Ilieepr+eeiw11eI I Poenneelt Deemed werrme,teewoo a Nero 0Maltegnikes IOWt DMA tAiralu.RrwleteeMay $ E CR IF. INTERIM TOWN IA Raw% TOWN OF BENSON 303 E. CHURCH STREET BENSON, NC 27504-0069 NOV-2021-LM-0OBB / NOV-INTENT TO ASSESS / 20210524 BENSON W WTP / NC0020389/ JOHNSTON COUNTY REC: 7020 3160 0000 2219 2962 / M 09/20/2021 i 111 UBPS1RACIGIGff Ilfi i1I111IIIHI HI i 1111 9590 9402 3222 7]96 7711 26 ti United Slates Postai Service First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4e In this box• 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 I 9x I ! }) R r:+ F t «<< N d F A a p p f z° 2 50050 00010 00100 50060 C0310 E0610 C0530 31616 00300 Continuous 5 X week 5 X week 5 X week 5 X week 5 X week 2 X week 2 X week 5 X week Recorder Grab Grab Grab Composite Composite Composite Grab Grab FLOW 7EMF{ pH CHLORINE BOO -Case N11YN-Case 755-Cone FCOLIBR DO LIDO eink Hn 3100 clock Hn YIB/N mgd deg su ugll mg/1 mg/i mg/1 mpWl00ml mg/l 1 0730 24 0656 9.1 Y 0.838 25 3 6 95 •::0 < 2 0.16 7 41 3 0730 24 0700 9 B 1.004 24.9 6.81 < 10 < 2 0.07 <2.5 33.2 7 57 3 0730 24 0700 9 B 1 11 I 24.6 6.8 la 3 2 17.88 <2,5 13.2 7 69 4 0730 24 0700 9 B 155 26.3 672 t In 54 0.25 <2.5 23.4 7.55 5 0.987 6 0.902 7 0730 24 0700 9 B 0.819 25 9 6.96 • IP 2.7 0.12 7.47 8 0730 24 0700 9 B 1.033 26.3 6.93 < 10 3 2 0.18 <2,5 6.3 7.6 9 0730 24 0700 9 B 1.084 26.2 6.91 - 10 2.8 0.18 34.5 7.33 10 0730 24 0700 9 B 1.17t 265 6.84 ;:0 28 0.17 <2.5 5.2 779 11 0730 24 0700 9 B 1,042 26 4 6 81 11 2 6 0.21 7 87 11 1.5 13 1.071 14 0730 24 0700 9.1 Y 0 781 26 5 6 88 < la 4 7 0.18 7.3 19 0730 24 0651 9.6 Y 0.928 28 6.86 < 10 2.5 0.04 < 2.5 4.1 7.39 16 0730 24 0657 9.3 Y 0.804 27.7 6.93 <10 <2 <0.04 7.48 17 0730 24 0700 9 Y 0.778 26.5 6.85 <10 <2 <0.04 <2.5 833 7.37 1a 0730 24 0654 9.5 Y 1.099 26.6 6.79 10 <2 <0.04 741 19 0.976 28 0.911 31 0730 24 0650 9.2 Y 1.002 26.6 6.81 < 10 <2 0.05 7 59 32 0730 24 0646 9.5 Y 1.148 26.3 6.83 < 10 <2 0.06 28 1 7 66 E1 0730 24 0647 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 0 N Permit Enforcement History Details by Owner Town of Benson • Johnston :0 m 0 0 0 0 +' C =da 0 C R R CO 0 Nto 0. o ' O 0EQ 2 l- 0 0 W O = E O ova C O O Wu' 0 a) O] co co c • E Co W C (0 O a. Q ro 1. 4 a 0 z a) in 0 0 O 64 0 64 O a O 64 a 0 4, 8 a) LR-1990-017( z 0 a 0 O O M 69 M 0) a) M U) a 0 0 0 vi 0 0 a a O O 0 M 0) O a) 6 '9 10/14/93$7,000.00 WQ-1993-001 cn z O 0 0 0 O 4A O O 0 49 LT-1996-0003 0) M a 0 z 0 O 64 N al 6/17/99 $1,000.00 PC-1998-001: N 0 z 0 0 O 64 O O 64 a O 69 O 0 4�A N O CO LT-2002-0001 N O N ti 0 z 0 0 O 4, (() CO Co N CO 64 N O U) CO DV-2001-002: Ch O 0 z 0 CS 4A 3 4, 0) 5 3/17/03 $1,000.00 LV-2003-018C 0 z 0 0 49 A a 0 z 0 O 64 a ti 4A 0 0 8 46 TX-2014-000' 12-2013 3/5/14 a) 0 z a O 64 CO O 44 a O 69, a) 0 LV-2014-009. 8-2013 7/14/14 $500.00 $0.00 No 8/14/15 8 2 fa Gad LV-2014-010C 10-2013 7/14/14 $3,500.00 U) ro aw O z z0 z° 0 o a O O O 4A 44 64 a 435 a LV-2014-0101 11-2013 7/14/14 $3,000.00 a C�) 64 0 (0 4A CO A N 6A CO N V) $0.00 No 2/14/18 (0 N M CO V) CO O) O z 0 O 49 CO M !" M EA CO M cn 4A 0 N 0 O Z 0 0 I_V-2018-029E 5-2018 12/12/18$2,000.00 O 2 0 0 0 O O fP! 3/1/19 5130/19 $0.00 0 O 0 fA 1/18/19 $57,000.00 PC-2018-001! O 2 8 7/20/21 9/2/21 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