NC0083321_TX-2022-0011_20220811

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

August 11, 2022

CERTIFIED MAIL: 7007 1490 0004 5533 8435
RETURN RECEIPT REQUESTED

Franky J. Howard
Onslow Water and Sewer Authority
228 Georgetown Rd
Jacksonville, NC 28540

SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6)
NPDES Permit No. NC0083321/001
Hubert WTP
Case No. TX-2022-0011
Onslow County

Dear Permittee:

This letter transmits a Civil Penalty assessment against Onslow Water and Sewer Authority
in the amount of $3,073.88 ($3,000 civil penalty + $73.88 enforcement costs).

This assessment is based upon the following facts: A review of the facility’s toxicity self-
monitoring data from the months of January through May 2022 has been conducted. 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. NC0083321. The facility’s toxicity self-
monitoring reports revealed the following effluent toxicity permit limit violations:

January 4, 2022 FAIL (7-day P/F) non-compliant
February 7, 2022 FAIL (7-day P/F) non-compliant
March 7, 2022 FAIL (7-day P/F) non-compliant
April 4, 2022 FAIL (7-day P/F) non-compliant
April 17, 2022 FAIL (7-day P/F) non-compliant
May 2, 2022 FAIL (7-day P/F) non-compliant

Based upon the above fact(s), I conclude as a matter of law that the Onslow Water and Sewer
Authority violated the terms, conditions, or requirements of NPDES Permit No. NC0083321 and
N.C.G.S 143-215.1(a)(6) in the manner and extent shown above.

DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may
be assessed against a person who violates the terms, conditions or requirements of a permit
required by N.C.G.S. 143-215.1(a).

Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources, I, Cindy Moore, Supervisor, Aquatic Toxicology Branch, hereby
make the following civil penalty assessment against the Onslow Water and Sewer Authority:

$ 500 For 1 of 6 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0083321, by discharging waste
into the waters of the State in violation of the facility’s
permit effluent limit for acute toxicity for
January 4, 2022.

$ 500 For 2 of 6 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0083321, by discharging waste
into the waters of the State in violation of the facility’s
permit effluent limit for acute toxicity for
February 7, 2022.

$ 500 For 3 of 6 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0083321, by discharging waste
into the waters of the State in violation of the facility’s
permit effluent limit for acute toxicity for
March 7, 2022.

$ 500 For 4 of 6 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0083321, by discharging waste
into the waters of the State in violation of the facility’s
permit effluent limit for acute toxicity for
April 4, 2022.

$ 500 For 5 of 6 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0083321, by discharging waste
into the waters of the State in violation of the facility’s
permit effluent limit for acute toxicity for
April 17, 2022.

$ 500 For 6 of 6 violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0083321, by discharging waste
into the waters of the State in violation of the facility’s
permit effluent limit for acute toxicity for
May 2, 2022.

$ 73.88 Enforcement costs.
$ 3,073.88 TOTAL AMOUNT DUE
DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

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 receipt of this notice, you must do one of the following:

1. Submit payment of the penalty:

Payment should be made directly to the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose enforcement action for
any continuing or new violation(s).

Please submit payment to the attention of:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR

2. Submit a written request for remission or mitigation including a detailed
justification for such request.

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
DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

following factors shall be considered:

(1) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(2) the violator promptly abated continuing environmental damage resulting
from the violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) 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 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

OR

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
DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

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 for the Office of Administrative Hearings is:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. William Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 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.

Please be advised that any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty. If you have any questions about this civil penalty
assessment, please contact Zach Thomas 919-743-8441 or Cindy Moore at 919-743-8442.

________________ _____________________________________

Date Cindy Moore, Supervisor, Aquatic Toxicology Branch
Division of Water Resources, NCDEQ

ATTACHMENTS: Remissions Form, Waiver
CC: James Arnold, ORC (via email: [e-mail])
Morella Sanchez-King, WIRO (via email: [e-mail])
Helen Perez, WIRO (via email: [e-mail])
Emily Richards, DWR CO (via email: [e-mail])
ATB Enforcement File & Laserfiche

DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00
8/11/2022
JUSTIFICATION FOR REMISSION REQUEST

Case Number: TX-2022-0011 County: Onslow
Assessed Party: Onslow Water and Sewer Authority
Permit No. (if applicable): NC0083321 Amount Assessed: $ 3,073.88

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 applies. 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:
DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ONSLOW

IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
Onslow Water and Sewer Authority )
Hubert WTP )
)
NPDES PERMIT NO. NC0083321 ) CASE NO. TX-2022-0011

Having been assessed civil penalties totaling $3,073.88 for violation(s) as set forth in the assessment document
of the Director of the Division of Water Resources dated August 11, 2022, the undersigned, desiring to seek
remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be submitted to the
Director of the Division of Water Resources within 30 days of receipt of the notice of assessment. No new
evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of
assessment.

This the day of , 20____.

SIGNATURE

ADDRESS

TELEPHONE

DocuSign Envelope ID: 6C53D5FB-5960-4386-A46C-29FD91233F00