NC0020389_LV-2022-0037_20220204

ROY COOPER
Governor
EUZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4109 5114
Return Receipt Requested
Fred Nelson, Town Manager
Town of Benson
PO Box 69
Benson, NC 27504-0069
NORTH CAROLINA
Environmental Quality
February 4, 2022
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. LV-2022-0037
Johnston County
Dear Mr. Nelson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,036.57 ($2,000.00 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 September 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 September 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 Carolina Department of Environmental Quality I Division of Water Resources
Raeigh Regional Office 13800 Barrett Drive I Raleigh North Carolina 27609
919.791.4200

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:
$1,000.00 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 Monthly Average for BOD, 5-Dav (20 Deg.
C) - Concentration
$1,000.00
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 Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$0.00 0 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 Quarterly Average for Phosphorus, Total (as
P) - Concentration
$2,000.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$2,036.57 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:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made 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.md Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-160I
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 [phone] or via email at [e-mail].
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: LV-2022-0037
Assessed Party: Town of Benson
Permit No.: NC0020389
County: Johnston
Amount Assessed: $2,036.57
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. § I43B-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. LV-2022-0037
Having been assessed civil penalties totaling $2,036.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 31, 2022, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Benson
Facility Name: Benson WWTP
Permit Number: NC0020389
County: Johnston
Case Number: LV-2022-0037
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;
Monthly permit limit for ammonia -nitrogen was exceeded by 288%. Monthly permit limit for BOD was exceeded by
25.5%. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The violations occurred during September 2021.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include increased nutrients and pathogens.
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 the 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 have been 2 enforcements against the violator within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
7�tc 2, ?c`2Z
Date
tit-
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

PERMIT: NC0020389
FACILITY: Benson WWTP
ATTACHMENT A
Town of Benson
CASE NUMBER: LV-2022-0037
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
9/30/2021 9-2021 BOD, 5-Day (20 Deg. 5 X week mg/I 5 6.28 25.5 Monthly $1,000.00
C) - Concentration Average
Exceeded
9/30/2021 9-2021 Nitrogen, Ammonia 5 X week mg/I 1 3.88 288.4 Monthly $1,000.00
Total (as N) - Average
Concentration Exceeded
9/30/2021 9-2021 Phosphorus, Total (as Weekly mg/I 2 2.3 15.1 Quarterly
P) - Concentration Average
Exceeded
$0.00

. 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: 09-2021 (September 2021) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
t>
1'
c,+
F
{
8¢
O
1
i
A
50050
00010
00160
50060
C0310
C0610
C0530
31616
00300
condnuous
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
TEMP.0
pH
CHLORINE
B00 - Coae
NHAN-Coot
TSS-Cone
RCOLI BR
t10
MO dock
Be
2400clock
1ln
Yr61N
mgd
deg
su
nil
mgA
mg1
mg11
81100mI
mg/
I
0730
24
0655
9.2
Y
0.49!
28.5
6.91
< 10
5 2
0.45
< 2.5
2
7 03
1
0730
24
0646
9.2
Y
1.902
28 4
6.87
< 10
6,3
0.65
7.07
3
0730
24
0650
9.3
Y
1.882
28.5
6.87
<10
5
0.36
< 2 5
31.8
7
0.923
5
0,67
6
0.686
H
H
H
H
H
H
H
H
7
0730
24
0655
9.2
Y
0.801
27.6
6.9
12
3
0.37
<2.5
717
a
0730
24
0655
9.4
Y
0.929
27.8
6.8
< 10
2.2
035
6.3
713
9
0730
24
0700
9.5
Y
0.693
26.6
6,91
<10
5.4
0,44
<2.5
712
10
0730
24
0700
9
B
1.016
26.3
6.94
<10
4.5
0.22
4.1
7 13
it
0.656
12
0.707
13
0730
24
0655
9.2
Y
0.802
26.4
6.86
13
4,s
0.34
31
6.96
14
0730
24
0655
9.2
Y
0.911
26 2
7.01
<. 10
5.5
0.35
• 2 5
6.78
15
0730
24
0655
9.4
Y
0.946
26.3
6.82
c 10
3 8
0.14
1
6 83
16
0730
24
0655
9.5
Y
0.521
26 1
6.84
c 10
6.1
0.44
2 5
6.9
17
0730
24
0655
9.2
Y
0.642
261
6.83
.::0
6.5
1.28
6.88
10
0.629
19
0.573
20
0730
24
0700
9.5
Y
0.514
27 5
6,87
< 10
3.8
0,47
2
6 94
11
0730
24
0700
9.4
Y
1.297
26.7
6.93
<10
2.8
0.68
< 2 5
6 84
12
0730
24
0646
9.9
Y
0.476
26.9
6.8
< 10
4 9
1 13
6.88
23
0730
24
0646
9.4
Y
1.071
26
6.81
< 10
4.7
2.91
c 2 5
3 1
6 93
21
0730
24
0655
9.1
Y
1.11
25 7
6.9
<10
7.2
7 97
6.99
25
1.011
26
1.096
27
0730
24
0650
10.8
Y
0.633
24.4
6.79
< 10
7
16.6
: 2.5
19 7
61
22
0730
24
0640
9.7
Y
0.812
24.5
6.83
<10
2.1
18
..4
39
0730
24
0640
9.7
Y
0.956
24.7
6.91
r 10
25
17.3
K 2 5
8 5
11
30
0730
24
0646
9.2
Y
0.774
24.9
6.86
< 10
16
12 12
5.29
Mommy Aware Limit
i 9
4
5
t
30
200
Moor>t1y Arente:
0.871
26.480952
1 190476
6.27619
3,884286
0
4 712426
6 856ab?
0114 Ma.lmam:
1902
28 5
7 01
13
25
!B
0
31.13
7 17
Daily M aimum:
0.476
24.4
6.79
0
2.1
0 14
0
1
6 11
•bee No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENVWT I-IR - No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY - No Visitation - Holiday
Discharge Monitoring Report - Copy Of Record (COR NC0020389 Ver 1.0_9 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: 09-2021 (September 2021) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001
p
1
I,
I
x
00900
Quarterly .
Grab
TOT HARD
2600e1nh
mgll
1
2
3
S
6
7
a
9
10
11
13
13
14
IS
16
17
10
19
20
21
22
23
26
2S
26
27
20
29
30
MeuMy Avenge IJmIt
Mpaihtr Avenge:
Duly Ms.imnm:
D0117 Minimum;
"" No Reporting Reason ENFRUSE No Flow-Reuse/Retytle; ENVWTHR No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY • No Visitation Holiday
Discharge Monitoring Report - Copy Of Record (COR_NC0020389_Ver 1.0 9_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
ORC HAS CHANGED: No
GRADE: WW-4
eDMR PERIOD: 09-2021 (September 202I/ VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
1
,.1
g
t-
y
i.
8
u
O
1
A
QY600
QM600
C0600
C0665
00094
01310
00900
00630
00625
01067
Annually
Monthly
Weekly
Weekly
5 X week
Monthly
Quarterly
Weekly
Weekly
Calculated
Calculated
Calculated
Composite
Grab
Calculated
Composite
Composite
Composite
Calculated
TOTAL N-
TOTAL N-
TOTAL N-
TOTAL P-
CNDUCTYY
TOT FLOW
TOT HARD
NOMANO2
TOT KJEL
NICKEL
2400 clock
Nss
2400 clock
Hrs
WINN
Ibs/yr
Ib/mon
mg/1
mgll
umhos/an
mgal/month
mgA
mgA
mg/1
mgll
1
0730
24
0655
9.2
Y
6.94
3.49
220,5
4.26
2.68
3
0730
24
0646
9,2
Y
2419
3
0730
24
0650
9.3
Y
229.5
4
5
6
H
7
0730
24
0655
9.2
Y
2215
8
0730
24
0655
9.4
Y
7 72
2.02
237 $
5.59
2.13
9
0730
24
0700
9.5
Y
2279
10
0730
24
0700
9
B
226.9
11
12
13
0730
24
0655
9.2
Y
233.3
14
0730
24
0655
9.2
Y
233 7
10
0730
24
0655
9.4
Y
$.25
2.4
230.9
6 37
1 88
16
0730
24
0655
9.5
Y
241.5
17
0730
24
0655
9.2
Y
237 4
10
19
20
0730
24
0700
9.5
Y
238
21
0730
24
0700
9.4
Y
2171
23
0730
24
0646
9.9
Y
7 93
3
214.6
4.86
3 07
33
0730
24
0646
9.4
Y
245.2
u
0730
24
0655
9.1
Y
232.6
Ls
se
17
0730
24
0650
10.8
Y
245.8
ss
0730
24
0640
9.7
Y
249 7
29
0730
24
0640
9.7
Y
18.19
3.47
251.2
0.61
17 58
30
0730
24
0646
9.2
Y
2136.96
230,9
26.13
•' 10
Moodily Average Ltroht
MaadayArenie
2136.96
9 806
2.876
233.695238
26.13
4 338
5 468
0
Day Ma.imam:
2136.%
18.19
3 49
251 2
26.13
6.37
17 58
0
Daily Minimum
2136.96
6.94
2 02
214.6
26.13
0.61
1 88
0
••" No Reporting Reason: ENFRUSE -, No Flow-Reuse/Recycle; ENVWTHR - No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY - No Visitation Hol day
Discharge Monitoring Report - Copy Of Record (COR_NC0020389 Ver_l.0_9_2021.pdt)

NPDES PERMIT NO.: NC0020389
FACILITY NAME: Benson WWTP
OWNER NAME: Town of Benson
GRADE: WW-4
eDMR PERIOD: 09-2021 (September 2021)
PERMIT VERSION: 5.0
CLASS: WW-4.
ORC: Brian Peter Leavitt
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001
e
,.11
pip
t!
1
41
1g
g
A
C0310
C0530
5 X week
2 X week
Composite
Composite
SOD -Cox
TSS-Cox
2400
On
mgil
mgtl
1
0740
24
184
127
2
0740
24
248
3
0740
24
182
121
4
5
6
H
H
7
0740
24
71
115
8
0740
24
85
9
0740
24
1.15
127
10
0740
24
11:4
11
12
13
0740
24
55
14
0740
24
57
104
15
0740
24
99
16
0740
24
62
145
17
0740
24
95
10
19
20
0740
24
117
21
0740
24
54
105
21
0740
24
114
23
0740
24
88
115
24
0740
24
60
25
26
27
0740
24
196
114
28
0740
24
58
29
0740
24
114
116
30
0740
24
67
Montkly Awn, Wile
Monthly Avenue
107 142857
118.9
D.ap Maximum:
246
145
D10p Minimum:54
104
e•ie 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_9 2021.pdf)

NPDES PERMIT NO.: NC0020389
FACILITY NAME: Benson WWTP
OWNER NAME: Town of Benson
GRADE: WW-4
eDMR PERIOD: 09-2021 (September 2021)
PERMIT VERSION: 5.0
CLASS: WW-4.
ORC: Brian Peter Leavitt
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Johnston
ORC CERT NUMBER: 1007653
STATUS: Submitted
SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001
AJ
e1
2
Quarterly
Gab
TOT HARD
2400 dark
mg4
1
2
i
5
6
7
e
9
10
11
12
13
14
15
16
17
15
19
20
21
22
23
24
25
26
27
21
29
30
Monthly A.sn`e Limit:
Maalbtr Msrase:
Daily Maaimom:
Daily Minimum:
•aea No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENVWTHR - No Visitation - Adverse Weather; NOFLOW • No Flow; HOLIDAY a No Visitation • Holiday
Discharge Monitoring Report - Copy Of Record (COR NC0020389 Ver_1.0_9 2021.pdi)

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: 09-2021 (September 2021) VERSION: 1.0 STATUS: Submitted
COMPLIANCE STATUS: Non -Compliant CONTACT PHONE #: [phone] SUBMISSION DATE: 10/282021
Electronically Certified by Brian Leavitt on 2021-10-27 11:07:46.734
ORC. Certifier Signature:Brian Leavitt
I certify that this report is accurate and complete to the best of my knowledge.
Phone #1:919-902-9599 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 2021-10-28 09:51:30.043
Permittee/Submitter Signature: ***Tim Robbins
Phone #:[phone] Date
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 tile
PARAMETER. CODES
Parameter Code assistance may be obtained by visiting https://deq.nc.gov/about/divisions/water-resources/edmr/user-documentation.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: YES indicates that No Flow/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 1.0 9_2021.pdf)

NPDFS 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: 09-2021 (September 2021) VERSION: 1.0 STATUS: Submitted
Report Comments:
Equipment breakdown resulted in poor mixing and settling of activated sludge in anoxic ditch, The effect of the settling was to reduce treatment and increase TP, BOD, and
NH3. The replacement mixer is on a long lead time to replace We have implemented countermeasures to increase mixing and aeration to bring the treatment back under control,
but exceeded parameters in the last week of the month and monthly averages for BOD and NH3_

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: 09-2021 (September 2021) VERSION: 1.0 STATUS: Submitted
Outfa11001 - Downstream Comments:
No sampling

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: 09-2021 (September 20212 VERSION: 1.0 STATUS: Submitted
Outfall 001 - Upstream Comments:
No sampling

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
ReticolembaBowestal
Frederick D Nelson, Interim Manager Town
Town of Benson
303 E Church St
Benson, NC 27504-0069
NORTH CAROLINA
EnvIroarmartaiQuaay
November 4, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV 2021-LV-0839
Permit No. NC0020389
Benson WWTP
Johnston County
Dear Mr. Nelson:
A review of the September 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Vlolation(s)t
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2021 5 6.28 Monthly Average Exceeded
Concentration (C70310)
001 Effluent
001 Effluent
Nitrogen, Ammonia Total (as
N) - Concentration (0O610)
Phosphorus, Total (as P) -
Concentration (C0665)
9/30/2021 1 3.88 Monthly Average Exceeded
9/30/2021 2 2.3 Quarterly Average Exceeded
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 fadlity's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a dvil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
Norio: ow Depremint of Endmmienuectudirt I DAM=of YViargnoUan
IMO'!Willard 01fksIWOO Dirndl Dan IUN" NorthOmRr MOO
11119.11114200

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
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you antidpate 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
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ROY COOPER
Governor
EUZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certifipd Maihr 7020 3160 ONO 4115 6361
turn Rif* Ritameated
Frederick D Nelson, Interim Manager Town
Town of Benson
303 E Church St
Benson, NC 27504-0069
NORTH LINA
eal
lty
November 4, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0839
Permit No. NC0020389
Benson WWTP
Johnston County
Dear Mr. Nelson:
A review of the September 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Vlolation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2021 5 6.28 Monthly Average Exceeded
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as 9/30/2021 1 3.88 Monthly Average Exceeded
N) - Concentration (C0610)
001 Effluent Phosphorus, Total (as P) - 9/30/2021 2 2.3 Quarterly Average Exceeded
Concentration (C0665)
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.
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1. AWUNtI Addressed*.
FREDERICK D. NELSON, INTERIM TOWN MANAGER
TOWN OF BENSON
303 E. CHURCH STREET
BENSON, NC 27504.0069
NOV 2021-LV-0839 / NOV-INTENT TO ASSESS / 20211109
BENSON BMWs / NE0020389 / lOHNSTON COUNTY
REC: 7020 3160 0000 4115 6365 / M 11/04/2021
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TOWN OF BENSON
ti' 303 E. CHURCH STREET
BENSON, NC 27504-0069
5fr NOV-2021.LV-0839 / NOV-INTENT TO ASSESS / 20211109
BENSON WWTP / NC0020389 /JONNSTON COUNTY
of REC: 7020 3160 0000 4115 6365 / M 11/01/2021
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NCDEQ DIVISION OF WATER QUALITY
RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
'1161111s rhithriehiph illi op rig fp, 111 II ill ei lialitorl !Ias!

DocuSign Envelope ID: D57B5FFD-136C-4BC7-8A1C-5788CF31DC0D
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.
1DocuSIgned by:
C464531431644FE...
for S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission

DocuSign Envelope ID: D5785FFD-136C-48C7-9A1C-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 =
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
(April 1—October 31) 4 C0310
5.0 mg/L
7.5 mg/L
Daily
Composite
Influent &
Effluent
BOD 5-day, 20°C C0310
(November 1— March 31) 4
10.0 mg/L
15.0 m
2/week 14
Composite
p°
Influent & Effluent
Total Suspended Solids C0530
(TSS) 4
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 (NH3 as N) C0610
(November 1- March 31)
2.0 mg/L
6.0 mg/L
2lweek 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 mg/L
Daily
Grab
Effluent
Fecal Coliform 31616
(. eometric mean)
200/100 mL
400/100 mL
2/week 14
Grab
Effluent
Temperature (°C) 00010
Monitor and Report
Daily
Grab
Effluent
Conductivity (mohmslcm) 00094
Monitor and Report
Daily
Grab
Effluent
Total Residual Chlorine 50060
(TRC) 5
17 pg1L
Daily
Grab
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
0M600
TN Load 3
0Y600
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)°
Weekly
Composite
Effluent
Total Nickel 9 01067
62.1 pg/L
558.9 pg/L
Monthly
Composite
Effluent
Chronic Toxicity 1a TGP3B
Monitor and Report
Quarterly
Composite
Effluent
Effluent Pollutant Scan NC01
Monitor and Report
See Footnote 11
Effluent
Total Hardness [as 00900
CaC031(mg1L)12
Monitor and Report
po
QuarterlyComposite
po .
Effluent
Dissolved Oxygen (mg/L) 00300
Monitor and Report
Variable 2
Grab
U & D
Fecal Coliiform (geometric 31616
mean)
Monitor and Report
Variable 2
Grab
U & D
Temperature (°C) 00010
Monitor and Report
Variable 2
Grab
11 & D
Cont. on next page
Page 1 of 10

1locublgn I nye lope IL} IJb/k35hI-0-13be-4bUF-9A1e-5( el-31DCUD
Permit NC0020389
PARAMETER CHARACTERISTICS
Parameter Code
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Conductivity (mohms/cm) 00094
Monitor and Report
Variable 2
Grab
U & D
Total Hardness 3as 00900
CaCO3I (mglL)
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 15%
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 ug/1 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/l.
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

Hayes, Mitch
From: Brian Leavitt <[e-mail]>
Sent: Wednesday, October 6, 2021 1:54 PM
To: Hayes, Mitch
Cc: Tim Robbins
Subject: [External] Town of Benson permit limit exceedence
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Mr. Hayes,
I am contacting you to report that the Town of Benson WWTP, NPDES Permit #0020389, has experienced an interruption
in our treatment process that will result in limit violations for weekly Ammonia Nitrogen, quarterly Total Phosphorous
and weekly BOD. We had some equipment failures in our aeration ditches earlier in the year that resulted in less ability
to provide good aeration and mixing. Our numbers have been trending upward over the last few months while waiting
on the replacement equipment to be delivered, but unfortunately there are excessive delivery times on the mixers we
ordered back in April. We had been able to remain in compliance up until this point, but believe we may have had
something dumped on us that has thrown the system out of balance. We got an exceedance warning from our
commercial lab for Ammonia Nitrogen and BOD. We have investigated and introduced countermeasures that are
looking for be turning things around, but wanted to notify you that the September eDMR will be in non-
compliance. Please let me know if you have any questions or require further information.
Thank you,
Brian Leavitt
Superintendent / ORC
Town of Benson WWTP
[phone]
1

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LV-2014-0101 11-2013 7/14/14 $3,000.00
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3/1/19 5/30/19 $0.00
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1/18/19 $57,000.00
PC-2018-001!
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LM-2021-005: 6-2021 12/2/21 $525.00
Total Balance Due : $3,000.00
Sum Of Total Paid:$90,289.45
Total Enforcement Cost: $2,464.45
Total Penalty Amount: $91,325
0
Total Cases:
Total Penalties After Remissions : $93,289.45
Sum of Total Case Penalties: $93,789.45