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HomeMy WebLinkAboutNC0027103_LV-2014-0094 NOV-2014-LV-0188_20140701io Zf9-22 'Track Enforcement Ca Payment Remission 'Petition umma die on Settlement. Related Violations Related Cases / Comments r Events ° Penalty Assessed Review Case Number LV 2014 0094 . NOV:"NOVV2014-LV-0188" NOD :. Site#`. ; ; P ate tl t have r Permit NC0027103 -;, Details . y. SOC: AD. Details_ Monitoring Report 11,2013 -,,Details. FaciltygSite Pembroke WWI?' Details : , Region: ayette�lle ' County Robeson Owner Town of Pembroke.. z Ihaintatn_..., - incident Deus . inspect Dt , 4 v De aE€s CentraloficeLogin Date: Comments CentralOttice Contactv Regional Contact Brantiey, Mark_.__; Enforcement Contact ,a Salutation for Leiter `Ms.AmiraHunt -, Penalty Assessed Dale: oi/Cit2014, ::n°.•-RernisstonRequest: BIC Hearing Date:a Letterbate: 0710112014 << ' Remission Acknowledged _ Remission Amount' • °, PenaltyAmount v3000.00 x " Ent Cont. Date:, E MCResults Received. Damages Remission Amount: Enforcement Cost $141.55. Ent ContLetterbate: - Petitionm.OAH: .Tataf Case Penalty $314156 _ Facility Rcvd. Enf. Cont Ltr Remission Amount - Facility Received FRD: 07108t2014, Total Amount Due: S000 °.Ca•se to Collection: Response Due By 0810712814 ,Total Amount Paid: $3141:56 ° o Settlement Requeted:. o a N F h iCance Ready Page 111a SID: ENCS ATA 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. O 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 DO 2400 Hrs 2400 Hrs Y/B/N mgd degc su ug/1 mg/1 mg/1 nig/.t , #/100m1 mg/1 1 0730 8 Y 0.6 23 2 0.56 3 1645 24 0.56 22.7 7.44 <25 2.66 0.7 P 2.5;atta 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 ,r,2,; <1 8.8 6 0730. 8 B 0.54 22.1 7 0730 8 B 0.54 23.4;" 8 0730 8 B 0.54 21.7 .r.O r- ^,,'.1' 1• 9 0.54 10 0.54 11 , 0.54 12 0730 8 Y 0.54 21.9 13 1130 24 0730 8 Y 0.6 19.9 7.27 <25 10.12 3.01 &0 6 8.3 14 0810 24 0730 8 Y 0.59 18.9 7.15 <25 16.33 2.18 l44 , • 7 9 15 0817 24 0730 8 Y 0.59 19.1 7.15 <25 >24.21 ff� 2.85 M 33 8.8 16 0.5 1- ,.. _w, 17 0.5 1 18 0730 8 Y 0.5 19.7 7.17 29 -_. 7 8 19 0730 8 Y 0.58 20 - Z 1 t? -' 20 0730 8 Y 0.58 21.1 7.36 <25 Mg--_ / 0 > 3600 8.7 21 0920 24 0730 8 Y 0.53 20.6 7.11 <25 5115.1111111111111115 .=' F r . rG' 9 8.8 22 0905 24 0730 8 ' Y 0.53 21.5 2,7, 6 (ia'., 5 44 - 8.6 23 1400 24 0.53 •,5 0)23 .7.. 24 1530 24 0.53 { 7,E. 10:42 < p eF s l.,s. 25 0825 24 0730 8 Y 0.53 20.2 6.79 <25 4 nil. 1.36 mon 6 8.7 26 0800 24 0730 8 Y 0.53 20.3 7.15 <25 ]C 11.3 11 1 0.1..,a' NI 14 8.6 27 1021 0730 8 Y 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 SEM :0IS�, ._sllelaU 00-0094�a 00'009S £LOZ-II --3 a6eJanytlq#Uoly _3 a6elanyblew .3 awry Mum —3 aae anyipleam uogdinsaa Suan3 £60ZIO£ILL £LOZ!£Zlll £LOZ1£EZJI £l0ll9Llll 1E4 31EN'LapuEig PH eJlwy's11 :peiuo31euoi5a; :uogeinleS iallei :peluo3luauwaalolu3 '_nS 1E101 `spiloS uogelo!ijw 1 "OZ)AEa-'ON uo9EloAlaUl3 (Elol'EPIIOS .'nS (Elol `sWlloM lalameied,.>n. uaWuwo3 sesE3 pe'ER uogelo!A1iWuri tilOZl£ZI90 Iva nun in Ivangl33 luanl03 ._SlIElag suoploltpalelali 1UEulaill8S s Ua apa3, ........._.............. *puno suoyelolnti llped q palsom G83 £OLLZ003N £OLLZMOON £OLLZ003N £OLLZ0O3N aliOJquuadgo UM01 *wad £OILl003N £LOZ-Ll £LOZ-ll 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