NC0021253_Compliance_20160115

NPDES DOCIMENT :MCANNINO COVER SHEET
NPDES Permit:
NC0021253
Havelock WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
•
P ,
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
January 15, 2016
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
CERTIFIED MAIL 7015 1730 0002 0524 5161 DEC 29 2015
RETURN RECEIPT REQUESTED
Mr. Frank Bottorff
City Manager, City of Havelock
Post Office Drawer 368
Havelock, North Carolina 28532
c/o Ms. Amy P. Wang
Attorney
Ward and Smith, P.A.
Post Office Box 867
New Bern, North Carolina 28563-0867
Re: Consent Agreement and Final Order No. CWA-04-2016-4500(b)
City of Havelock, North Carolina
Dear Mr. Bottorff:
RECEIVED/DENRIDWR
JAN 05 2016
Water Quality Regional
Operations Section
Enclosed please find a fully executed copy of the Consent Agreement and Final Order that has been
finalized by the U.S. Environmental Protection Agency and the Regional Judicial Officer. Please make
note of the provisions under Paragraph IV Payment.
Should you have any questions or concerns, please contact Mr. Wayne Lee, Attorney Adviser,
at [phone] or via email at [e-mail].
Sincerely,
Denisse D. Diaz, Chief
NPDES Permitting and Enforcement Branch
Water Protection Division
Enclosure
cc: Mr. Jonathan Risgaard, NCDENR
Ms. Diane Huffman, USEPA Region 7
Ms. Patricia G. Miller, USEPA Region 7
Internet Address (URL) • http://www.epa.gov
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IN THE MATTER OF:
CITY OF HAVELOCK,
NORTH CAROLINA
RESPOND
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
R EC E I VED/D E N RID WR
JAN052016 )
Water Quality Region )l
ENOperations Section '
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CONSENT AGREEMENT
I. Statutory Authority
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1: This is a civil penalty proceeding pursuant to Section 309(g)(2)(A) of the Clean Water
Act ("CWA"), 33 U.S.C. § 1319(g)(2)(A), and the Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action
Orders and the Revocation, Termination or Suspension of Pernzits, including Subpart I,
published at 64 Fed. Reg. 40176 (July 23, 1999) and codified at 40 Code of Federal Regulations
("C.F.R.") Part 22.
2. The authority to take action under Section 309(g)(2)(A) of the CWA, 33 U.S.C.
§ 1319(g)(2)(A), is vested in the Administrator of the United States Environmental Protection
Agency. The Administrator has delegated this authority to the Regional Administrator, Region 4,
who in turn has delegated this authority to the Director of the Water Protection Division of the
EPA, Region 4, who in turn has delegated this authority to the Chief of the NPDES Permitting
and Enforcement Branch of the EPA, Region 4 ("Complainant").
II. Allegations
3. At all times relevant to this action, the City of Havelock, North Carolina ("Respondent"),
was a municipality duly organized and existing under the laws of the State of North Carolina
and, therefore, a "person" within the meaning of Section 502(5) of the CWA, 33 U.S.C.
§ 1362(5), and 40 C.F.R. §§ 503.9(o) and (q).
4. At all times relevant to this action, Respondent owned and operated a Publicly Owned
Treatment Works ("POTW"), located at 304 North Jackson Drive, Havelock, North Carolina,
28532, which has a design flow rate equal to or greater than one million gallons per day, serves
10,000 people or more or is a "Class I sludge management facility" as defined in 40 C.F.R.
§ 503.9(c).
5. Respondent is a "person who prepares sewage sludge" as defined in 40 C.F.R. § 503.9(r),
as either the person who generates sewage sludge during the treatment of domestic sewage in a
1

treatment works or the person who derives a material from sewage sludge, and is thus subject to
the requirements of the CWA and 40 C.F.R. Part 503.
6. Section 405(e) of the CWA, 33 U.S.C. § 1345(e), makes it unlawful for any person to
dispose of sewage sludge from a treatment works treating domestic sewage except in accordance
with regulations promulgated pursuant to Section 405(d) of the CWA, 33 U.S.C. § 1345(d),
which are found at 40 C.F.R. Part 503.
7. 40 C.F.R. Part 503 establishes standards for the use and disposal of sludge, and consists
of general requirements, pollutant limits, management practices, operational standards,
frequency of monitoring, recordkeeping, and reporting, for the final use or disposal of sewage
sludge generated during the treatment of domestic sewage in a treatment works.
8. 40 C.F.R. § 503.18(a) requires Class I sludge management facilities, POTWs with a
design flow rate equal to or greater than one million gallons per day and POTWs that serve
10,000 people or more to submit certain information to the permitting authority (EPA) on
February 19th of each year. This information is hereinafter referred as the "annual sludge
report."
9. Respondent submitted the annual sludge report for calendar year 2014 on
February 10, 2015.
10. In the annual sludge report, Respondent reported 137.23 dry metric tons (dmt) of sewage
sludge were land applied to agricultural land on fields identified as Field Number SF PA2-1A,
SF PA2-1B, SF PA2-1C, SF PA2-1D, SF PA2-1E, SF PA2-1F, and SF PA-1G in calendar year
2014.
11.40 C.F.R. § 503.15(c)(1) requires that "[o]ne of the vector attraction reduction (VAR)
requirements in § 503.33 (b)(1) through (b)(10) shall be met when bulk sewage sludge is applied
to agricultural land, forest, a public contact site, or a reclamation site."
12.40 C.F.R. § 503.11(e) defines bulk sewage sludge as "...sewage sludge that is not sold or
given away in a bag or other container for application to the land."
13. In February 2014, the Respondent land applied 63.55 dmt of sewage sludge to
agricultural land in which Respondent failed to comply with 40 C.F.R. § 503.15(c)(1) by not
meeting one of the VAR requirements in 40 C.F.R. § 503.33 (b)(1) through (b)(10). Therefore,
Respondent violated Section 405(e) of the CWA, 33 U.S.C. § 1345(e).
III. Stipulations and Findings
14. Complainant and Respondent have conferred for the purpose of settlement pursuant to
40 C.F.R. § 22.18 and desire to resolve this matter and settle the allegations described herein
without a formal hearing. Therefore, without the taking of any evidence or testimony, the making
of any argument, or the adjudication of any issue in this matter, and in accordance with 40 C.F.R.
2

§ 22.13(b), this Consent Agreement and Final Order ("CA/FO") will simultaneously commence
and conclude this matter.
15. For the purposes of this CA/FO, the Respondent admits the jurisdictional allegations set
out above and neither admits nor denies the factual allegations set out above.
16. The Respondent hereby waives its right to contest the allegations set out above and its
right to appeal the Final Order accompanying this Consent Agreement.
17. The Respondent consents to the assessment of and agrees to pay the civil penalty as set
forth in this CA/FO and consents to the other conditions set forth in this CA/FO.
18. By signing this CA/FO, the Respondent certifies that the information it has supplied
concerning this matter was at the time of submission, and is, truthful, accurate, and complete for
each such submission, response and statement. The Respondent realizes that there are significant
penalties for submitting false or misleading information, including the possibility of fines and/or
imprisonment for knowing submission of such information.
19. The EPA reserves the right to assess and collect any and all civil penalties for any
violation described herein to the extent that any information or certification provided by the
Respondent was materially false or inaccurate at the time such information or certification was
provided to the EPA.
20. Complainant and the Respondent agree to settle this matter by their execution of this
CA/FO. The parties agree that the settlement of this matter is in the public interest and that this
CA/FO is consistent with the applicable requirements of the CWA.
IV. Payment
21. Pursuant to Section 309(g)(2)(A) of the CWA, 33 U.S.C. § 1319(g)(2)(A), and 40 C.F.R.
Part 19, and considering the nature of the violations and other relevant factors, the EPA has
determined that eleven thousand five hundred dollars ($11,500) is an appropriate civil penalty
to settle this action.
22. The Respondent shall submit payment of the penalty specified in the preceding paragraph
within thirty (30) days of the effective date of this CA/FO via a cashier's or certified check,
payable to the order of "Treasurer, United States of America." The check shall reference on its
3

face the name of Respondent and the Docket Number of this CA/FO. Such payment shall be
tendered to:
U.S. Environmental Protection Agency
Fines and Penalties
Cincinnati Finance Center
P.O. Box 979077
St. Louis, Missouri 63197-9000
23. At the time of payment, the Respondent shall send a separate copy of the check, and a
written statement that payment has been made in accordance with this CA/FO, to the following
persons at the following addresses:
Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
and
Mary Mattox
U.S. Environmental Protection Agency, Region 4
Water Protection Division
NPDES Permitting and Enforcement Branch
Municipal and Industrial Enforcement Section
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
24. The penalty amount specified above shall represent civil penalties assessed by the EPA
and shall not be deductible for purposes of federal taxes.
25. Pursuant to Section 309(g)(9) of the CWA, 33 U.S.C. § 1319(g)(9), failure by the
Respondent to pay the penalty assessed by the CA/FO in full by its due date may subject
Respondent to a civil action to collect the assessed penalty plus interest (at currently prevailing
rates from the effective date of this CA/FO), attorney's fees, costs for collection proceedings and
a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal to twenty percent (20%) of the aggregate
amount of such penalty and nonpayment penalty which are unpaid as of the beginning of such
quarter. In any such collection action, the validity, amount and appropriateness of the penalty
and of this CA/FO shall not be subject to review.
V. General Provisions
26. This CA/FO shall not relieve the Respondent of its obligation to comply with all
applicable provisions of federal, state or local law, nor shall it be construed to be a ruling on, or
4

determination of, any issue related to any federal, state or local permit. Other than as expressed
herein, compliance with this CA/FO shall not be a defense to any actions subsequently
commenced pursuant to federal laws and regulations administered by the EPA.
27. Nothing in this CA/FO shall be construed as prohibiting, altering, or in any way limiting
the ability of the United States to seek any other remedies or sanctions available by virtue of the
Respondent's violation of this CA/FO or of the statutes and regulations upon which this CA/FO
is based, or for the Respondent's violation of any federal or state statute, regulation or permit.
28. Except as otherwise set forth herein, this CA/FO constitutes a settlement by Complainant
and the Respondent of all claims for civil penalties pursuant to the CWA with respect to only
those violations alleged in this CA/FO. Except as otherwise set forth herein, compliance with this
CA/FO shall resolve the allegations of violations contained herein. Nothing in this CA/FO is
intended to nor shall be construed to operate in any way to resolve any criminal liability of the
Respondent, or other liability resulting from violations that were not alleged in this CA/FO.
Other than as expressed herein, Complainant does not waive any right to bring an enforcement
action against the Respondent for violation of any federal or state statute, regulation or permit, to
initiate an action for imminent and substantial endangerment or to pursue criminal enforcement.
29. Each undersigned representative of the parties to this CA/FO certifies that he or she is
fully authorized to enter into the terms and conditions of this CA/FO and to execute and legally
bind that party to it.
30. This CA/FO applies to and is binding upon the Respondent and its officers, directors,
employees, agents, successors and assigns.
31. Any change in the legal status of the Respondent, including but not limited to any transfer
of assets of real or personal property, shall not alter the Respondent's responsibilities under this
CA/FO.
32. Each party shall bear its own costs and attorney's fees in connection with the action
resolved by this CA/FO.
33. The parties acknowledge and agree that this CA/FO is subject to the requirements of
40 C.F.R. § 22.45(c)(4), which provides a right to petition to set aside a Consent Agreement and
proposed Final Order based on comments received during the public comment period.
34. Pursuant to Section 309(g) of the CWA, 33 U.S.C. § 1319(g), and 40 C.F.R. § 22.38(b),
Complainant represents that the State of North Carolina was provided a prior opportunity to
consult with Complainant regarding this matter.
5

VI. Effective Date
35. The effective date of this CA/FO shall be the date on which the CA/FO is filed with the
Regional Hearing Clerk.
AGREED AND CONSENTED TO
For COMPLAINANT, U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 4:
Date: U4161.1.5
Stacey L. Bouma, Acting Chief
NPDES Permitting and Enforcement Branch
Water Protection Division
U.S. EPA, Region 4
For the RESPONDENT, CITY OF HAVELOCK, NORTH CAROLINA:
4J/A
Frank Bottorff, City Manager
City of Havelock, North Carolina
6
Date: a 3 Oct /,‹

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: )
) CONSENT AGREEMENT AND
CITY OF HAVELOCK ) FINAL ORDER
NORTH CAROLINA
RESPONDENT. ) DOCKET NO. CWA-04-2016-4500(b)
FINAL ORDER
In accordance with the Consolidated Rules of Practice Governing the Administrative
Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders and the
Revocation, Termination or Suspension of Permits, including Subpart I, 40 C.F.R. Part 22, and
authorities delegated to me, the foregoing Consent Agreement is hereby approved and
incorporated by reference into this Final Order. Pursuant to Section 309(g)(2)(A) of the CWA,
33 U.S.C. § 1319(g)(2)(A), the Respondent is hereby ordered to comply with the terms of the
foregoing Consent Agreement.
U.S. ENVIRONMENTAL PROTECTION AGENCY
Date: 11)eil r aO15
Regional Judicial Office

Docket No. CWA 04-2016-4500(b)
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the attached CONSENT
AGREEMENT AND FINAL ORDER in the matter of City of Havelock, North Caroli
Docket No. WA-04-2016-4500(b) (filed with the Regional Hearin Clerk on this day
of b1 L015) was served on this day of N c ii-2015, in the manner
specified to each of the persons listed below.
By hand -delivery:
By certified mail,
return receipt requested:
Mr. Wayne Lee
Associate Regional Counsel
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
Mr. Frank Bottorff
City Manager
c/o Ms. Amy P. Wang
Attorney
Ward and Smith, P.A.
Post Office Box 867
New Bern, North Carolina 28563-0867
Mr. Jon Risgaard
Environmental Supervisor IV
Wastewater Branch
North Carolina Department of Environment and Natural Resources
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Patricia A. Bullock
Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
[phone]