HomeMy WebLinkAboutNC0027103_LV-2014-0094 NOV-2014-LV-0188_20140701io Zf9-22
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14CDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
July 1, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 3090 0001 3169 7285
Amira Hunt
Town of Pembroke
P. O. Box 866
Pembroke, NC 28372
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 Permit NC0027103
Town of Pembroke
Pembroke WWTP
Case No. LV-2014-0094
Robeson County
Dear Ms. Amira Hunt:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3,141.56 ($3,000.00 civil penalty + $141.56 enforcement costs) against Town of Pembroke. This
assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Pembroke for the month of November 2013.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0027103. The violations which occurred in
November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Pembroke violated the
terms, conditions or requirements of NPDES Permit NC0027103 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 apermit 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, Belinda S. Henson, Division of Water Resources
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Pembroke:
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Pembroke
County: Robeson
Case Number: LV-2014-0094
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;
➢ No lasting harm to the natural resources of the State, to the public health, or any damage to private
property was reported due to this violation.
2) The duration and gravity of the violation;
> This facility had one weekly BOD violation, two weekly BOD violations, and one monthly TSS
violations that met enforcement criteria.
3) The effect on ground or surface water quantity or quality or on air quality;
➢ No observed effect of surface water quantity or quality has been documented from this violation.
4) The cost of rectifying the damage;
> At this time a cost cannot be determined.
5) The amount of money saved by noncompliance;
> It is not apparent that any money was saved from these non-compliance events.
6) Whether the violation was committed willfully or intentionally;
> It is the opinion of the FRO that this violation was 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; and
> This facility has not had a civil penalty assessed against it within the past 12 months.
S) The cost to the State of the enforcement procedures.
> Enforcement cost to the state totaled $141.56
Date
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR
f. 1 O Q
NCDEN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 3090 0001 3169 7285
Amira Hunt
Town of Pembroke
P. O. Box 866
Pembroke, NC 28372
SUBJECT:
July 1, 2013
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NC0027103
Town of Pembroke
Pembroke WWTP
Case No. LV-2014-0094
Robeson County
Dear Ms. Amira Hunt:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$3,141.56 ($3,000.00 civil penalty + $141.56 enforcement costs) against Town of Pembroke. This
assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Town of Pembroke for the month of November 2013.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0027103. The violations which occurred in
November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Pembroke violated the
terms, conditions or requirements of NPDES Permit NC0027103 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, Belinda S. Henson, Division of Water Resources
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Pembroke:
Fayetteville Regional Office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095
$500.00
$1,000.00
$1,500.00
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0027103, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0027103, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0027103, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$3,000.00 TOTAL CIVIL PENALTY
$141.56 Enforcement Costs
$3,141.56 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 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 Depai tiiient 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/Enforcement Unit
Division of Water Quality
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 Quality 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 the Division of Water Quality 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 Quality 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/Enforcement Unit
Division of Water Quality
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 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 (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
Lacy Presnell, 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 the Surface Water staff of the Fayetteville Regional
Office at 910-433-3300.
Sincerely, i ,,�
gLottO
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2014-0094
Assessed Party: Town of Pembroke
Permit No. (if applicable): NC0027103
County: Robeson
Amount Assessed: $3,141.56
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 Robeson
Town of Pembroke
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Pembroke WWTP
PERMIT NO. NC0027103
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2014-0094
Having been assessed civil penalties totaling $3,141.56 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 1, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE
PERMIT: NC0027103
ATTACHMENT A
Town of Pembroke
CASE NUMBER: LV-2014-0094
FACILITY: Pembroke WWTP COUNTY: Robeson REGION: Fayetteville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$500.00 11-2013 001 Effluent BOD - Conc 11/23/13 3 X week
$500.00 11-2013 001 Effluent TSS - Conc 11/16/13 3 X week
$500.00 11-2013 001 Effluent TSS -Conc 11/23/13 3 X week
$1,500.00 11-2013 001 Effluent TSS - Conc 11/30/13 3 X week
mgll
mg/I
mg/l
mg/
27 29.23 8.27 Weekly Average Exceeded
30 69.33 131.11 Weekly Average Exceeded
30 39.57 31.89 Weekly Average Exceeded
20 31.42 57.12 Monthly Average Exceeded
NPDES PERMIT NO.: NC0027103
FACILITY NAME: Pembroke WWTP
OWNER NAME: Town of Pembroke
GRADE: WW-4.
eDMR PERIOD: 11-2013 (November 2013)
COMPLIANCE: Non -Compliant
PERMIT VERSION: 3.1 PERMIT STATUS: Active
CLASS: WW-3. COUNTY: Robeson
ORC: Rhonda Hagan Locklear ORC CERT NUMBER: 27834
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: 9105212989
STATUS: Processed
SUBMISSION DATE: 12/30/2013
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
V.
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Composite Sample
Total Composite Time
Operator Arrival Time
Operator Time On Site
ORC On Site?•*
No Flow Reason
50050
00010
00400
50060
C0310•
C0610
C0530
31616
00300
Continuous
5 X week
3 X week
3 X week
3 X week
3 X week
3 X week
3 X week
3 X week
Recorder
Grab
Grab
Grab
Composite
Composite
Composite
Grab
Grab
FLOW
TEMP-C
PH
CHLORINE
BOD - Cone
NH3-N-Cone
TSS-Cone
FECCOLI
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2400
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Y/B/N
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degc
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mg/1
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mg/1
1
0730
8
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0.6
23
2
0.56
3
1645
24
0.56
22.7
7.44
<25
2.66
0.7
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4
8.2
4
1314
24
0730
8
Y
0.56
22.1
7.34
<25
2.87
0.42
5
0830
24
0730
8
Y
0.54
19.9
7.25
<25
2.18
0.38
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<1
8.8
6
0730.
8
B
0.54
22.1
7
0730
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0.54
23.4;"
8
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0.54
21.7
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9
0.54
10
0.54
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0.54
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21.9
13
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19.9
7.27
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10.12
3.01
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6
8.3
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0810
24
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0.59
18.9
7.15
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2.18
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19.7
7.17
29
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7
8
19
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8
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0.58
20
-
Z 1 t? -'
20
0730
8
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0.58
21.1
7.36
<25
Mg--_ /
0
> 3600
8.7
21
0920
24
0730
8
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0.53
20.6
7.11
<25
5115.1111111111111115
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9
8.8
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24
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8.6
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7,E.
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nil.
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6
8.7
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NI
14
8.6
27
1021
0730
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0.79
20.2
7.07
<25
+
•.
> 116
8.4
28
0.75
29
0.6
30
0.6
-
Monthly Average Limit:
1.33
18
12
20
200
Monthly Average:
0.5653
20.9632
7.1875
2.4167
14.01
0.95
31.42
12.32
8.5385
Daily 9Iaximum:
0.79
23.4
7.44
29
55.1
3.01
104
3600
9
Daily Minimum:
0.5
18.9
6.79
0
2.18
0
0
0
8
Monthly Avg % Removal (85 %):
NPDES PERMIT NO.: NC0027103
FACILITY NAME: Pembroke WWTP
OWNER NAME: Town of Pembroke
GRADE: WW-4.
eDMR PERIOD: 11-2013 (November 2013)
COMPLIANCE: Non -Compliant
PERMIT VERSION: 3.1
CLASS: WW-3.
ORC: Rhonda Hagan Locklear
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: 9105212989
PERMIT STATUS: Active
COUNTY: Robeson
ORC CERT NUMBER: 27834
STATUS: Processed
SUBMISSION DATE: 12/30/2013
12/30/2013
ORC/Certifier Signature: Rhonda Hagan Locklear E-Mail:rhonda@pembrokenc.com Phone #:910-521-2989 Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
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.
If the facility is noncompliant, please attach a list of corrective actions being.taken and a time -table for improvements to be made as required by part II.E_6 of
the NPDES permit.
COMMENTS: Please see attachment regarding non-compliance. The facility has been working with consultants to overcome upset and the facility is recovering.
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.
12/3 0/2013
Permittee/Submitter Signature:*** Rhonda Hagan Locklear E-Mail:rhonda@pembrokenc.com Phone #:910-521-2989 Date
Permittee Address: NCSR 1339 Pembroke NC 28372 Permit Expiration Date: 07/31/2014
-CERTIFIED LABORATORIES
LAB NAME: Town of Pembroke
CERTIFIED LAB #: 552
PERSON(s) COLLECTING SAMPLES: Rhonda Locklear, Ursala Locklear, Jerry Brooks
PARAMETER CODES
Parameter Codes assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting the Surface Water Protection Section's web site at
http://portal.ncdenr.org/web/wq/swp and linking to the unit's information pages.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for 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).
Owner :
Facility :
Permit :
Region :
Town of Pembroke
Pembroke WWTP
NC0027103
Fayetteville
Penalty
Assessment
Case MR Approved
Number
County :
Permit Enforcement History Details by Owner
Robeson
Remission Enf Enf EMC EMC OAH Collection
Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total
Damages Received Held Amount Held Amount Amount To AGO
Amount Costs Paid
6/24/2014
Balance
Due
Has
Pmt Case
Plan Closed
LV-2009-0077 12-2008 3/11/09 $250.00 $135.17
$385.17 $0.00 No 4/16/09
LV-2014-0094 11-2013 6/23/14 $3,000.00 $141.56
$3,141.56 No
Total Cases: 2 Total Penalty Amount: $3,250
Total Enforcement Cost: $276.73
Sum of Total Case Penalties: $3,526.73
Sum Of Total Paid: $385.17
Total Balance Due : $3,141.56
Total Penalties After Remissions: $3,526.73
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 21, 2014
CERTIFIED MAIL
RETURN RECEIPT RI: QUESTED
7010 3090 0001 3169 7223
Ms. Amira Locklear, Interim Town Manager
Town of Pembroke
P. O. Box 866
Pembroke, NC 28372
Subject: Notice of Violation and Recommendation for Enforcement, NOV-2014-LV-0188
Permit No. NC0027103
Pembroke WWTP
Robeson County
Dear Ms. Locklear:
A review of Pembroke WWTP's monitoring report for November 2013 showed the following violations:
John E. Skvarla, III
Secretary
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C) -
Concentration
11/23/13
27 mg/1
29.23 mg/1
Weekly Average
Exceeded
Solids, Total Suspended -
Concentration
11/16/13
30 mg/1
69.33 mg/1
Weekly Average
Exceeded
Solids, Total Suspended -
Concentration
11/23/13
30 mg/1
39.57 mg/1
Weekly Average
Exceeded
Solids, Total Suspended -
Concentration
11/30/13
20 mg/1
31.42 mg/1
Monthly
Average
Exceeded
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of
North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0027103. 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 fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.
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) days after receipt of this Notice. A review of your response will be
considered along with any information provided on the November 2013 Discharge Monitoring Report.
Fayetteville Regional office
225 Green Street, Suite 714, Fayetteville, North Carolina 28301-5095
Main Phone: 910-433-3300 1 Internet: http://www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by Recycled Paper
Ms. Locklear
Page 2
April21, 2014
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, if not already implemented, should be taken to correct any problems. The Division of Water Resources
may pursue enforcement actions for this and any additional violations! If the violations are of a continuing nature, not
related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. You may contact Mark Brantley, Environmental Senior Specialist,
of this Office for additional information.
Sincerely,
Belinda S. Henson
Regional Supervisor
Division of Water Resources
NCDENR
Cc: WQ Central Files
Town of Pembroke
POST OFFICE BOX 866
PEMBROKE, NORTH CAROLINA
28372
MILTON R. HUNT
MAYOR
AMIRA HUNT
INTERIM MANAGER
AMIRA HUNT
CLERK
April30, 2014
Belinda Henson
Regional Supervisor
Division of Water Resources
NCDENR
Subject: Notice of Violation and Recommendation for Enforcement, NOV-2014-LV-0188
Permit No. NC0027103
Pembroke WWTP
Robeson County
Dear Ms. Henson:
1101601111/11-11—FIR.1
MAY 0 2 2014
nWO
TOWN COUNCIL
CHANNING JONES
THRESA LOCKLEAR
RYAN SAMPSON
LARRY MCNEILL
Thewastewater facility hasmade create strides since the plant upset in November 2013. As described in the
November discharge monitoring report the facility was receiving slug loads of organic waste from Trinity
Frozen Foods, its newest industry.
The Golden Leaf Foundation has awarded Pembroke and Trinity a $1.2 million pretreatment facility to which
both parties are submitting the required documents such as the deed and operation and maintenance agreement.
Ted Lord, the administrator has agreed to release funds as early as this week to begin phase 1 ofthe pretreatment
project.
In the interim additional options fordisposal were considered such as land application and hauling to another
facility. While those options were considered a rotary drum press was ordered and placed in the food
processing line the first week of April. Two samples for BOD and TSS have been analyzed; the BOD was
reduced from 6200 mg/1 to 2152 mg/, the. TSS remained at 900 mg/1. The 65% reduction of BOD and
installation of addition equipment will further reduce the loading to the facility.
NCRWA along with a microbiologist made several on -going site visits for trouble shooting the wastewater
facility as well as Trinity Frozen Foods. The wastewater plant has increased operational monitoring and hired
an analyst/operator to assist us in this endeavor.
In addition to the above improvements Pembroke is making great strides with the Pretreatment Program. The
updated ordinance has been approved by the PERC unit and the Town Council. A set monitoring program is in
place for all industries as well as an advisory meeting to introduce the program, the requirements, and best
management practices for waste disposal. The enforcement response plan along with the resource plan has
submitted to the PERC unit.
(
The wastewater facility has had no subsequent violations and wishes the division to consider these preventive
measures while considering addition action. The Town of Pembroke will gladly answer any questions the
division may have and we would like to thank the department for the support we receive.
Sincerely,
. Amira L Hunt
Interim Manager
910-521-9758