NC0066516_LV20140130_20141023

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 23, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70101870000133243552
John E. Skvarla, III
Secretary
RECEIVED/DENRIDWR
Chris E Grimes, Utilities Superintendent OCT 2 R 2014
Town of Fuquay-Varina
401 Old Honeycutt Rd Water Quality
Fuquay-Varina, NC 27526 Permitting section
SUBJECT: Notice of Violation and Civil Penalty Assessment
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO066516
Town of Fuquay-Varina
Terrible Creek WWTP
Case No. LV -2014-0130
Wake County
Dear Mr. Grimes:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,322.48
($1250.00 civil penalty + $72.48 enforcement costs) against Town of Fuquay-Varina.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Fuquay-Varina for the month of April 2014. This
review has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0066516. The violations that occurred in April 2014 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Fuquay-Varina violated the
terms, conditions or requirements of NPDES Permit NCO066516 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).Based upon the above findings of fact and
conclusions of law, and in accordance with authority provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Resources, I, Danny
Smith, Division of Water Resources Regional Supervisor for the Raleigh Region, hereby make the
following civil penalty assessment against Town of Fuquay-Varina:
NO e Carolin,
Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper

Town of Fuquay-Varina
Terrible Creek WWTP
Case No. LV -2014-0130
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
250.00 NC0066516, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for N113 -N - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0066516, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for N113 -N - Conc.
1250.00 TOTAL CIVIL PENALTY
72.48 Enforcement Costs
$1,322.48 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. 14313-282.1(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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Point Source Compliance and Expedited Permit Unit
Division of Water Resources — Water Quality Programs
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

. 11
Town of Fuquay-Varina
Terrible Creek WWTP
Case No. LV -2014-0130
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.I(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
her 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 — Water Quality Programs
also requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Point Source Compliance and Expedited Permit Unit
Division of Water Resources — Water Quality Programs
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Town of Fuquay-Varina
Terrible Creek WWTP
Case No. LV -2014-0130
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 original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed - provided the original and one copy of the document is received in the Office of
Administrative Hearings within five (5) business days following the faxed transmission. The mailing
address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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 Cheng Zhang of the Ral;ighegional Office at 919-791-4200.
Oc ely,
o►dn�
Danny Smi
Water Q ity Regional Supervisor
Raleigh Regional Office
ATTACHMENTS
cc: Enforcement File w/ attachments
Compliance and Expedited Permit Unit
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV -2014-0130 County: Wake
Assessed Party: Town of Fuquay-Varina
Permit No.: NC0066516 Amount Assessed: $1,322.48
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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF WAKE
TOWN OF FUQUAY-VARINA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
TERRIBLE CREEK WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO066516 ) FILE NO. LV -2014-0130
Having been assessed civil penalties totaling $1,322.48 for violation(s) as set forth in the
assessment document of the Division of Water Resources —Water Quality Programs dated October 23,
2014, 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
SIGNATURE
ADDRESS
TELEPHONE
20

ATTACHMENT A
Town of Fuquay-Varina
CASE NUMBER: LV -2014-0130
PERMIT: NCO066616 FACILITY: Terrible Creek WWTP COUNTY: Wake REGION: Raleigh
Limit Violations
MONITORING OUTFALL 1
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT PPI LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT VALUE
LIMIT
VIOLATION TYPE
$250.00
42014 001 Effluent NH3-N - Conc
4/19/14 5 X week
mg/I
6 8.10
35.4
Weekly Average Exceeded
$1,000.00
4-2014 001 Effluent NH3-N - Conc
4/30/14 5 X week
mgll
2 3.30
62.9
Monthly Average Exceeded