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HomeMy WebLinkAboutNC0020389_LV-2022-0052_20220221ROY COOPER Governor EUZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 4109 5312 Return Receipt Requested Tim Robbins, Public Utilities Director Town of Benson PO Box 69 Benson, NC 27504-0069 NORTH CAROLINA Environmental Quality February 21, 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-2022-0052 Johnston County Dear Mr. Robbins: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 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 October 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 October 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 DMo3on of water Resources Raleigh Regional Office 13e00 Barrett Drlee I Rak h. 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: $250.00 1 of 1 violation 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 BOD, 5-Day (20 Deg. C) - Concentration $250.00 I of 1 violation 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 $500.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $536.57 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) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made 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 Iimited 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 Hearin and i ulation 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: (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: LV-2022-0052 Assessed Party: Town of Benson Permit No.: NC0020389 County: Johnston Amount Assessed: $536.57 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. 1438-282.1(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-2022-0052 Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 21, 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 ADDRESS SIGNATURE TELEPHONE ATTACHMENT A Town of Benson CASE NUMBER: LV-2022-0052 PERMIT: NC0020389 FACILITY: Benson WWTP LIMIT VIOLATION(S) 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 10/2/2021 10-2021 BOD, 5-Day (20 Deg. 5 X week mg/I 7.50 12.22 62.9 Weekly $250.00 C) - Concentration Average Exceeded 10/2/2021 10-2021 Nitrogen, Ammonia 5 X week mg/I 3 13.96 365.3 Weekly Total (as N) - Average Concentration Exceeded $250.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Benson Facility Name: Benson WWTP Permit Number: NC0020389 County: Johnston Case Number: LV-2022-0052 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; Weekly permit limit for ammonia nitrogen was exceeded by 365%. Weekly permit limit for BOD was exceeded by 62.9%. Excessive nutrients and pathogens to surface waters. 2) The duration and gravity of the violation; Both weekly permit limit exceedances occurred during the week ending 10.02.2021. 3) The effect on ground or surface water quantity or quality or on air quality; Excessive nutrients and pathogens to surface waters. 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 appears that the violations were not 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 three enforcement cases within the past year. 8) The cost to the State of the enforcement procedures. $36.57 cott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ROY COOPER Grantor EIIZABETH S. BISER Stay:err S. DANIEL SMITH &now 1.60 0000 41U.5.61Z9 Frederick D Nelson, Interim Manager Town Town of Benson 303 E Church St Benson, NC 27504-0069 NORTH CAROUNA ihvironnassedgualby January 4, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0011 Permit No. NC0020389 Benson WWTP Johnston County Dear Mr. Nelson: A review of the October 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violations indicated below: jUmit_Exceedance Violations: Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 10/2/2021 7.5 12.22 Weekly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia Total (as 10/2/2021 3 13.96 Weekly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Clvii 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 dvii 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. ilorthesedineonw.amaoftrelmonardQwlny I DI/4WoI Wain Irleuves Rolm pbW oorkr I 3110011nseenn.e i Rid" lionhOrane21%09 +fNa,umo f you wish to provide additional information regarding the noted violation, request technical assistance, or liscuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A eview of your response will be considered along with any information provided on the submitted Monitoring teport(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 dvil penalty assessment may be wepared. temedial actions should have already been taken to correct this problem and prevent further occurrences in the uture. The Division of Water Resources may pursue enforcement action for this and any additional violations of tate law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, Ind you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Anent. 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 including 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 antidpated 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 2aleigh Regional Office at 919-791-4200. I Sincerely, 7„„„sg._57 PIL4 Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ::c: WQS Raleigh Regional Office - Enforcement File Use/fiche ;R$94 Nordta+aneoeru,.rne/e.lr...ieMaartr : e ree.rweeerSmarm �eq�aewn.Mee r awoureeeeonee ' Piel"neemarow27e09 x%7%'300 USPS.com® - USPS Tracking® Results https:../tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc USPS Tracking® Track Another Package -I- Tracking Number: 70203160000041156679 FAQs > Remove X Your item was delivered to an individual at the address at 11:52 am on January 10, 2022 in BENSON, NC 27504. USPS Tracking Plus® Available v G Delivered, Left with Individual January 10, 2022 at 11:52 am BENSON, NC 27504 Get Updates v -n (D CD a a - ID a x- Text & Email Updates v Tracking History v USPS Tracking Plus® v Product Information v See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs 1 of I 2/21/2022, 12:39 PM 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: 10-2021 (October 2021) VERSION: 1.0 PERMIT STATUS: Active COUNTY: Johnston ORC CERT NUMBER: 1007653 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO p I4 I c3 F a y17, 8 u o 1 r d = 50050 00010 00400 50060 C0310 C0610 C0530 31616 00300 Continuous 5 X week 5 X week S 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 IEMPC pH CHLORINE BOD -Cooc NHYN-Case 735-Cooe FCOLI BR DO 2400clack Hn 210odock Hn WHIM mgd degc au ugil mg/1 mg/ mgd k1100mI mg/1 I 0730 24 0646 9.3 Y 0951 25.7 677 12 11 5,78 6.37 1 1 194 3 0.819 4 0730 24 0700 9 B 0.524 25.2 6.81 < 10 8 9 0.15 6.46 5 0730 24 0700 9 B 0.804 25.1 6.76 < 10 5 8 0.3 < 2.5 < 1 6.43 6 0730 24 0700 9 Y 0.73 25 6.74 < 10 6.9 0.61 6.56 1 0730 24 0700 9.3 Y 0.39 25.3 6 77 < 10 8 1.11 < 2.5 2 6.49 8 0730 24 0700 9.2 Y 1.247 25 6 77 < 10 5 3 0.16 6.59 9 0.829 to '. 118 11 0730 24 0700 9 7 Y n.435 25,4 6.83 < 10 4 7 0.15 6.3 12 0730 24 0647 9.2 Y 0.855 24.7 6 78 e 10 e 2 0 07 < 2.5 7.5 6.41 13 0730 24 0646 9.2 Y 0.66 24.9 6.8 < 10 < 2 0.06 6.43 14 0730 24 0700 9.3 Y 0.788 24.9 6.81 < 10 3.4 <0.04 <2.5 1 6.71 I5 0730 24 0700 9 1 Y 0.824 24.5 6.81 < 10 3 0.05 6.87 16 0.818 17 0 782 10 0730 24 0646 9.3 Y 0798 21,2 6.84 < 10 3,8 0.04 <2.5 7 78 19 0730 24 0637 9.8 Y 0.797 21 7 6.77 < 10 2 0.63 6.3 808 20 0730 24 0646 9.3 Y 0.918 21 2 7 03 < 10 2.5 0 06 < 2 5 8.23 11 0730 24 0644 9.4 Y 0,717 21.1 7.07 < 10 <2 < 004 8.34 22 0730 24 0700 9.2 Y 0.462 21.7 7.08 < 10 3.1 < 0.04 1 7 79 23 0.616 24 1.179 23 0730 24 0700 9.1 Y 0.69 21.3 7 11 < 10 2.5 0.05 < 2 5 7 91 26 0730 24 0700 9.1 Y 0.986 21.1 6.97 < 10 2.9 0.04 1 6.07 27 0730 24 0655 9.2 Y 1.035 21.8 7.09 < 10 < 2 0.08 < 2.5 8 13 28 0730 24 0700 9 B 1.025 21 6.99 < 10 < 2 0.06 < 1 8 17 0730 24 0700 9 B 0.737 20.6 6.97 <10 <2 0.05 7.81 36 0.671 31 - 0.942 Monthly Avenge Limit: 1.9 5 1 30 200 Monthly ArenOp 0 817452 23 257143 0.571429 3.514286 0.45 0 1 765749 7.226667 Dilly Madman: 1.247 25 7 7 11 12 11 5 78 0 7 5 8.34 Daily MWimum: 0.39 20.6 6 74 0 0 0 0 0 6.3 •••• 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_10 2021.pdf) VPDES PERMIT NO.: NC0020389 PERMIT VERSION: 5.0 7ACILITYNAME: Benson WWTP CLASS: WW-4. )WNER NAME: Town of Benson ORC: Brian Peter Leavitt 3RADE: WW-4 ORC HAS CHANGED: No •DMR PERIOD: 10-2021 (October 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) I J Li I l=� ' 1 8 0 "y a O • I I I 2 C0600 41:600 QM400 C0663 00094 01210 00900 01067 00630 00613 TGP3B Weekly Annually Monthly Weekly 5 X week Monthly Quarterly Monthly Weekly Weekly Quarterly Calculated Calculated Calculated Composite Grab Calculated Composite Composite Composite Composite Composite TOTAL N. TOTAL N - TOTAL N - TOTAL P- CNDIICSYY TOT FLOW TOT HARD NICKEL N01&NO] TOT KJEL CERITDPP 1400 Hoek His 2100etet. Has WEIN mgA lbs/yr Ib.mon mg/1 umhos/cm mgal/month mgA ugil mgA mg/1 pass/fail I 0730 24 0646 9.3 Y 227 2 2 3 4 0730 24 0700 9 B 216.6 7 0730 24 0700 9 B 213.4 6 0730 24 0700 9 Y '25 1,22 2073 47 5.88 137 7 0730 24 0700 9.3 Y 210 5 8 0730 24 0700 9.2 Y 206.3 9 10 II 0730 24 0700 97 Y 184.4 12 0730 24 0647 9.2 Y 193.4 59 < 10 PASS 13 0730 24 0646 9.2 Y 6.59 1.67 196.7 543 116 14 0730 24 0700 9.3 Y 198.3 18 0730 24 0700 9.1 Y 1915 16 17 12 0730 24 0646 9.3 Y 470 19 0730 24 0637 9,8 Y 456 10 0730 24 0646 9.3 Y 1 1.03 2.89 461 9 52 1 51 21 0730 24 0644 9.4 Y 459 11 0730 24 0700 9.2 Y 461 13 24 23 0730 24 0700 9 1 Y 485 26 0730 24 0700 91 Y 471 27 0730 24 0655 9.2 Y 10.52 2.96 500 916 1.36 28 0730 24 0700 9 B 492 29 0730 24 0700 9 B 494 30 71 _ 1869.87 25 341 Monthly Average Lath: 62.1 Moonily Avenge: 8.8475 1869.87 2.185 333.07619 25 341 53 0 7.4975 1.35 Daily Mastaum: 1 1.03 1869.87 2.96 500 25 341 59 0 9.52 1.51 Daily Minimum: 6 59 1869.87 1,22 184.4 25 341 47 0 5 43 1.16 ••• 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_10 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: 10-2021 (October 2021) VERSION: 1.0 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) S F 8 I - 5 N I 1 ou 1 g ei z 2100 clock Hn 2400 dock H.a WWI 1 E730 24 0646 93 Y 2 3 a 0730 24 0700 9 B 5 0730 24 0700 9 B 6 0730 24 0700 a Y 7 0730 24 0700 r7 Y I 0730 24 0700 c 2 Y 9 10 11 0730 24 0700 9 7 Y 12 0730 24 0647 9.2 Y 13 0730 24 0646 9.2 Y 14 0730 24 0700 9.3 Y 15 0730 24 0700 9 1 Y 16 17 10 0730 24 0646 9.3 Y 19 0730 24 0637 9.$ Y 20 0730 24 0646 9 3 Y 31 0730 24 0644 9 4 Y 32 0730 24 0700 9 2 Y 23 24 !3 0730 24 0700 9 1 Y 26 0730 24 0700 9 1 V 27 0730 24 0655 9.2 Y 20 0730 24 0700 9 B 29 0730 24 0700 9 B 30 31 Mouthy A.srage Limit; Monthly Auer: Daily Maximum_ Daily Minimum iNa 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_10_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: 10-2021 (October 2021) VERSION: 1.0 STATUS: Submitted SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001 I I .i J 1 I 2 C0310 C05.i0 5Xweek 2Xweek Composite Composite moo -Ceee ISO - Case 2400 Bra mg/1 mg/1 1 0740 24 143 2 3 4 0740 24 124 5 0740 24 119 109 6 0740 24 86 7 0740 24 134 122 It 0740 24 1449 9 10 1t 0740 24 121 12 0740 24 139 108 13 0740 24 134 14 0740 24 155 123 15 0740 24 156 16 17 I9 0740 24 144 155 19 0740 24 118 20 0740 24 131 128 21 0740 24 160 22 0740 24 15; 23 24 25 0740 24 161 119 26 0740 24 109 27 0740 24 123 125 :a 0740 24 154 29 0740 24 169 30 31 Moodily Average Limit Moodily Avenge 19S 333333 123.625 Daily Mmlmum: 1449 155 Daly Minimum: 86 108 1ie 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_10_2021.pdf) NPDES PERMIT NO.: NC0020389 FACILITY NAME: Benson WWTP OWNER NAME: Town of Benson GRADE: WW-4 eDMR PERIOD: 10-2021 (October 2021) COMPLIANCE STATUS: 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 2021-11-24 14:43:00.436 PERMIT STATUS: Active COUNTY: Johnston ORC CERT NUMBER: 1007653 STATUS: Submitted SUBMISSION DATE: 11/29/2021 ORC/Certifier Signature:Brian Leavitt I certify that this report is accurate and complete to the best of my knowledge. Phone #:919-902-9599 Dat 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 11.E.6 of the NPDES permit. Electronically Signed by Tim Robbins on 2021-I 1-29 12:23:58.16 Permittee/Submitter Signature: ***Tim Robbins Phone #:91 9-427-9053 Dat 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; 3rd Lab Meritech #27 PERSON(s) COLLECTING SAMPLES: Staff Names on file PARAMETER CODES Parameter Code assistance may be obtained by visiting https:lldeq.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 I5A 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_10 2021.pdf) 'HIDES PERMIT NO.: NC0020389 PERMIT VERSION: 5.0 PERMIT STATUS: Active 7ACILITY NAME: Benson WWTP CLASS: WW-4. COUNTY: Johnston IWNER NAME: Town of Benson ORC: Brian Peter Leavitt ORC CERT NUMBER: 1007653 ;RADE: WW-4 ORC HAS CHANGED: No •DMR PERIOD: 10-202I (October 2021) VERSION: 1.0 STATUS: Submitted teport Comments: 'riday 10/12021 results part of the plant upset due to mechanical failure issues the last week of September. High total nitrogen due to available mixing methods adding excess wygen while waiting for replacement parts. Permit Enforcement History Details by Owner 2/21/2022 Owner : Town of Benson Facility : Benson WWTP Permit : NC0020389 Region : Raleigh County : Johnston 1 Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Number Plan Closed LR-1990-017{ 3/21/90 $150.00 $0.00 $0.00 $150.00 $0.00 No 5/24190 WQ-1993-001 10/14/93$7,000.00 $538.93 $0.00 $3,000.00 $0.00 $4,538.93 $3,000.00 No 11/16/93 LT-1996-0003 3127/96 $500.00 $0.00 $500.00 $0.00 No 4/12/96 PC-1998-001: 6/17/99 $1,000.00 $443.21 $1,443.21 $0.00 No 8/3/99 LT-2002-0001 3/6/02 $1,000.00 $0.00 $0.00 $1,000.00 $0.00 No 4/4/02 DV-2001-002: 6/5/02 $6,000.00 $286.85 $6,286.85 $0.00 No 7/25/02 LV-2003-018C 3/17/03 $1,000.00 $48.91 $1,048.91 $0.00 No 4/4/03 LV-2005-033C 5-2005 10/3/05 $250.00 $40.73 $290.73 $0.00 No 10l27/0f. TX-2014-000' 12-2013 3/5/14 $3,000.00 $71.54 $3,071.54 $0.00 No 5/8/14 LV-2014-009c 8-2013 7/14/14 $500.00 $56.00 8/15/14 $0.00 $556.00 $0.00 No 8/14/15 LV-2014-010C 10-2013 7/14/14 $3,500.00 $56.00 8/15/14 $3,556.00 $0.00 No 8/14/15 LV-2014-0101 11-2013 7/14/14 $3,000.00 $56.00 8/15/14 $3,056.00 $0.00 No 8/14/15 LV-2014-012c 9-2013 10/10/14$3,000.00 $56.00 11/3/14 $3,056.00 $0.00 No 8/14/15 LV-2017-031 c 7-2017 11 /21 /17 $250.00 $31.76 $281.76 $0.00 No 12/20/17 LM-2018-0001 9-2017 1/23/18 $325.00 $31.76 $356.76 $0.00 No 2/14/18 LM-2018-004l 6-2018 10/15/18$325.00 $32.36 $357.36 $0.00 No 11/9/18 LV-2018-029€ 5-2018 1 2/1 2/1 8$2,000.00 $32.36 $2,032.36 2 $0.00 No 12/31/if PC-2018-0011 1/18/19 $57,000.00 $608.90 3/1/19 5/30/19 $0.00 9/12/19 $0.00 $57,608.90 $0.00 No 10/5/20 LV-2021-0132 2-2021 5/25/21 $1,000.00 $36.57 7/20/21 9/2/21 $500.00 $536.57 $0.00 No 9/21/21 LM-2021-005: 6-2021 12/2/21 $525.00 $36.57 $561.57 $0.00 No 12/21/21 LV-2022-0037 9-2021 1/31/22 $2,000.00 $36.57 $2,036.57 No Total Cases: 21 Total Penalty Amount: $93,325 Total Enforcement Cost: $2,501.02 Sum Of Total Paid:$90,289.45 Total Balance Due : $5,036.57 Sum of Total Case Penalties: $95,826.02 Total Penalties After Remissions : $95,326.02 DocuSlgn Envelope ID: D57B5FFD-138C-4BC7-9A1C-5788CF31DCOD 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. DoeduSlgtfjfned byy:k` , ! r ` Astiu C464531431644FE. for S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission locuSign 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 0O1. 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 RecordingInflue or Effluentent 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 4 C0310 (November 1— March 31) 10.0 mg/L 15.0 mg/L 2/week 14 Composite Influent & Effluent Total Suspended Solids C0530 r(TSS) 30.0 mg/L 45.0 mg/L 2/week 14 Composite Influent & Effluent Ammonia (NH3 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 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 z 6.0 mg/L Daily Grab Effluent Fecal Cofifoml 31616 (geometric mean) 200/100 mL 400/100 mL 2lweek 14 Grab Effluent Temperature (°C) 00010 Monitor and Report Daily Grab Effluent Conductivity (mohmslcm) 00094 Monitor and Report Daily Grab Effluent Total Residual Chlorine (TRC) 6 50060 17 pg/L Daily Grab Effluent TKN (mg/L) 8 00625 Monitor and Report Weekly Composite Effluent NO3-N + NO2-N (mg/L) 6 00630 Monitor and Report Weekly Composite Effluent TN (mg/L) 36 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)7 Annually Calculated Effluent Total Phosphorus C0665 2.0 mg/L (Quarterly Average)8 Weekly Composite Effluent Total Nickel 8 01067 62.1 pg/L 558.9 pg/L Monthly Composite Effluent Chronic Toxicity 10 TGP3B Monitor and Report Quarterly Composite Effluent Effluent Pollutant Scan NCOI Monitor and Report See Footnote 11 Effluent Total Hardness [as 00900 CaCO31(mg/L) t2 Monitor and Report po QuarterlyComposite Ao 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) o0010 Monitor and Report Variable 2 Grab U & D Cont. on next page Page 1 of 10 DocuSign Envelope ID: D57B5FFD-136C-4BC7-9A1C-5788CF31DCOD Permit NC0020389 PARAMETER CHARACTERISTICS Parameter Code EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location = Conductivity (mohmslcm) 00094 Monitor and Report Variable2 Grab U & D Total Hardness [as 00900 CaCO3I (mg/L) 13 Monitor and Report QuarterlyGrab 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 ugll. 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