HomeMy WebLinkAboutNC0025577_TX-00-051_20001020ate of North Carolina
Department of Environment
and Natural Resources �.
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
October 20, 2000
MR. WAYNE HORNE
217 SOUTH MAIN STREET
RED SPRINGS , NC 28377
I.
NCDENR
NORTH,C 2! IW`A.. DEPARTMENT OF
E, v MON E AND�I�7 RA2 ESOURCES
NOV 1 4 2000
PEG. �a:naSt,Y..:
PEG. OP;;c..
SUBJECT: PAYMENT ACKNOWLEDGEMENT
CIVIL PENALTY ASSESSMENT
RED SPRINGS (TOWN) - WWTP
ROBESON COUNTY -
PERMIT NO: NC0025577
TX 00-051
Dear Mr. Horne :
This letter is to acknowledge receipt of check No. 010934 in the amount of $3,072.19 received from
you dated October 19, 2000. This payment satisfies in full the civil assessment levied against
the subject facility and this case has been closed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable Statutes, Regulations or Permits.
If you have any questions, please call Kevin Bowden at (919) 733-5083.
Sincerely,
171(WX49
tk,‘,1 E. Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
Cc: Enforcement File #: TX 00-051
�c7FRO Regional Office Supe visor`
Central Files
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612
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TO •
THE
ORDER •
OF '
-TOWN OF RED SPRINGS SOUTHERN BANK
217 SOUTH MAIN STREET _ . ; ' RED SPRINGS, N.C.28377
. '
RED SPRINGS, NORTH CAROLINA 08377
.
(910) 843-5241 - • . . ' ' , ' .
' WATER & SEWER ACCOUNT
PAY C)
.4„ ....4
STATE OF NORTH CAROLINA DEPARTMENT OF -
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY '
FAYETTEVILLE REGIONAL OFFICE
WACHOVIA BUILDING, SUITE 714
FAYETTEVILLE, NC 28301
531 , No. 010 9 3 4 );
66-258
October-tT,'
DOLLARS $
X
4g2000
X
3072.19
THIS DISBURSEMENT HAS BEEN APPROVED A QUIRED BY
T LO' AL GOVERNMENT T AND FISCA TRQL ACT.
I
-4 0
'1100 L093406 1:053 L025E161:64? L000045101
-X "X-
TOWN OF RED SPRINGS
RED SPRINGS, NORTH CAROLINA 28377
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW.
IF NOT CORRECT, PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED.
14-
MANAGER
CLERK - TREASUR
DATE
DESCRIPTION
AMOUNT
rt.
31/822/04
Payment of Civil Penalty Assessment - NPDES Permit #NC0025577
7°@.)
IP ill 111
C,)°n(5°!°Ceifil-
$3072.19
1 •
TOWN OF RED SPRINGS:-
217 SOUTH MAIN STREET
RED SPRINGS, NORTH CAROLINA 28377
(910) 843;5241 .
WATS:4. & SEWER ACCOUNT • .,-
. .. :
• Cri.i ' Ili,: ,, ',:',1 J., ,.: 1 i..‘ "17.
. , Os,,.',..,t - •,.}:iae- 'ilii.011/i .
HSTATE OF NORTH: CAROLINA DEPARTMENT OF THIS DISBURSEMENT HAS BEEN APPROVED A
EliiRONkENt Alb NATURAL 'RESOURCES " , T LO AL GOVERNMENT ET AND FISCAI
TO
DIVISIONOF WATER QUALITY
011DFER ., • .FB.Y.E.„. .c,
TTEVILLE-,REGIONAL „•OFFICE
WACHOVIA.:BUILDINg;. :SUITE 714. :'
FAYETTEVILLE, 'NC _2830_1 • : ''. '
100 LO 9 31,11.1 i:a5 3.icisai:z. 4 ? L00064 50
....-_-..-.-_-..,......-.-.....-.............. ....--...-...,.........,..,....._.,,,,,.... ....................,._....-..,...-......
_
TOWN OF RED SPF1INGS . _ 1 DETACH AND RETAIN THIS STATEMENT
. — THE ATTACHED CHECK'IS IN PAYMENT OF ITEMS DESCRIBED BELOW.
RED SPRINGS, NORTH CAROLINA 28377 IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED
•,,.;.-'!- 4 -.*;•:6 f ','76' '•,' '," ,7.,,P.,Yi,., :,,,,, ,., ',%,64,66, •
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31/822/04 Payten.t of Civil Pen.alty Assespment - NPDES Permit #NC0025577 $3072.19
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SOUTHERN BANK
RED SPRINGS, N.C. 28377
RECERL,D
OCT 1 8 2000
— •
6 6t677.1,•.: (.1 •
CLERK TREASUR
•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Home
Town of Red Springs
217 South Main Street
Red Springs, North Carolina 28377
SUBJECT:
Dear Mr. Horne:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 22, 2000
Notice of Violation and Assessment of Civil Penalty for Violations of NC
General Statute 143-215.1(a)(6) and NPDES Permit No. NC0025577
Town of Red Springs WWTP
Robeson County
TX 00-051
This letter transmits a Notice of Violation and assessment of civil penalty against the Town of
Red Springs in the amount of $ 3072. 19 ($ 3000.00 civil penalty +
$ 72.19 enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self -
monitoring data from April through June 2000 has been conducted: The review has shown the Town
of Red Springs to be in violation of the 90% chronic toxicity effluent discharge limitation found in
NPDES Permit No. NC0025577. The Town of Red Springs' toxicity self -monitoring reports for
April through June 2000 revealed the following violation(s).
April 2000 17.7% (chronic value)
May 2000 <12.5% (chronic value)
June 2000 35.4% (chronic value) * adjusted
Based upon the above fact(s), I conclude as a matter of law that the Town of Red Springs
violated the terms, conditions or requirements of NPDES Permit No. NC0025577 and N.C.G.S 143-
215.1(a)(6) in the manner and extent shown above. 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).
Mailing Address:
Wachovia Building
Suite 714
Fayetteville, NC 28301
Telephone (910) 486-1541
Fax (910) 486-0707
Location:
Wachovia Building _
Suite 714
Fayetteville, NC 28301
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Horne
Town of Red Springs
217 South Main Street
Red Springs, North Carolina 28377 _
SUBJECT:
Dear Mr. Horne:
7VvA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 22, 2000
Notice of Violation and Assessment of Civil Penalty for Violations of NC
General Statute 143-215.1(a)(6) and NPDES Permit No. NC0025577
Town of Red Springs WWTP
Robeson County -
TX 00-051
This letter transmits a Notice of Violation and assessment of civil penalty against the Town of
Red Springs in the amount of $ 3072.19 ($ 3000.00 civil penalty +
$ 72.19 enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self -
monitoring data from April through June 2000 has been conducted: The review has shown the Town
of Red Springs to be in violation of the 90% chronic toxicity effluent discharge limitation found in
NPDES Permit No. NC0025577. The Town of Red Springs' toxicity self -monitoring reports for
April through June 2000 revealed the following violation(s).
April 2000
May 2000
June 2000
17,.7% (chronic value)
<12.5% (chronic value)
35.4% (chronic value) * adjusted
Based upon the above fact(s), I conclude as a matter of law that the Town of Red Springs
violated the terms, conditions or requirements of NPDES Permit No. NC0025577 and N.C.G.S 143-
215.1(a)(6) in the manner and extent shown above. 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).
Mailing Address:
Wachovia Building
Suite 714
Fayetteville, NC 28301
Telephone (910) 486-1541 ,
Fax (910) 486-0707
Location:
Wachovia Building
Suite 714
Fayetteville, NC 28301
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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 Quality, I, Paul Rawls, Division of Water Quality Regional
Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against
the Town of Red Springs.
$ 1000.00
For 1 of 1 violation(s) of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0025577, by
discharging waste into the waters of the State in violation
of the Town of Red Springs' permit effluent limit for
chronic toxicity for April 2000.
$ 1000.00 For 1 of 1 violation(s) of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0025577, by
discharging waste into the waters of the State in violation
of the Town of Red Springs' permit effluent limit for
chronic toxicity for May 2000.
$ 1000.00
$ 3000.00
For 1 of 1 violation(s) of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0025577, by
discharging waste into the waters of the State in violation
of the Town of Red Springs' permit effluent limit for
chronic toxicity for June 2000.
TOTAL CIVIL PENALTY, which is 4
percent of the maximum penalty authorized by G.S. 143-
215.6A.
$ 72.19 Enforcement costs.
$ 3072.19 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) 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 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 Environment and Natural Resources
(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:
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.
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of
the statements contained in the assessment letter. 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and stipulation form
and a detailed statement which you believe establishes whether:
(a) 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;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing: The Director of the Division of Water Quality will review the
information during a bimonthly enforcement conference and inform you of his decision in the
matter of the remission request. His response will provide details regarding case status,
directions for payment and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions. Please be advised that
the Committee cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thirty days as evidenced by a date stamp
(not a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action to collect the penalty
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 the Water Quality Section staff of the Fayetteville Regional Office at (910) 486-1541.
Date
ATTACHMENTS
cc:
Paul Rawls
Water Quality Regional Supervisor
Fayetteville Regional Office
Division of Water Quality
pint ource omp lance n orcement Unit File w/attachments
Aquatic Toxicology Unit File w/attachments
Central Files w/attachments
STATE OF NORTH CAROLINA
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
THE TOWN OF RED SPRINGS
NPDES PERMIT NO. NC0025577
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. TX 00-051
Having been assessed civil penalties totaling $3072.19 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated August 22, 2000 , 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 Quality 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 , 2000.
BY
ADDRESS
TELEPHONE
CIVIL PENALTY ASSESSMENT ADDENDUM
Please find attached information regarding DWQ's WET Enforcement Policy and how you can '
influence DWQ's enforcement response for effluent toxicity permit limit violations.
NPDES permits are currently being issued/reissued with the requirement to conduct multiple
concentration testing upon a single quarterly failure to meet the chronic toxicity limit. Permittees with
NPDES permits which contain "old" chronic toxicity pass/fail testing language will have the OPTION to
respond to any single quarterly toxicity test failure with follow-up multiple concentration toxicity testing
or single concentration toxicity testing, thereby influencing DWQ's enforcement response.
NOTE: Choosing to respond to a chronic toxicity "fail" result with a pass/fail test instead of conducting
multiple concentration toxicity testing during the second and third months of the monitoring quarter
(monitoring quarter defined by your permit) will result in enforcement for single concentration test results
that do not meet chronic toxicity permit limitations.
Important WET Enforcement Policy items are:
-I. CHRONIC TOXICITY TESTING
• The first test of the quarter can be conducted as either a pass/fail test or a
chronic value (ChV) test.
• If the pass/fail test fails or if the ChV is lower than the limit, then a NOV is
issued and at least two ChV tests (one per month) will be conducted over the
following two months. As many analyses as can be completed will be
accepted.
• A NOV will be issued for any test result failing to meet the permit limit.
• Any civil penalty assessed will be based on performance over a quarter (ie,
chronic values for the second and third months of the monitoring quarter will
be averaged arithmetically and if the average is >_ your chronic permit limit,
then a civil penalty will not be assessed for the monitoring quarter).
• NPDES Permits containing chronic toxicity pass/fail testing will be modified
upon permit renewal to include the new permit language.
II. ACUTE TOXICITY TESTING
• A NOV will be issued for each acute limit violation.
• A civil penalty will be assessed for any two consecutive acute limit
violations.
If you are unable to consistently comply with your toxicity permit limitation, you may notify your
respective Regional Office to discuss the possibility of entering into a Special Order by Consent (SOC).
The SOC provides conditional compliance for permit parameters that the facility can not consistently
comply with and may be issued in situations where facility operation and maintenance are not in question.
If a SOC is signed by the permittee/DWQ and contains toxicity as a noncompliant parameter, you will be
required to: conduct a Toxicity Reduction Evaluation (TRE), submit quarterly TRE progress reports and
eliminate/reduce effluent toxicants to acceptable levels.
Effluent Aquatic Toxicity Report Form/Phase II Chronic Ceriodaphnia
Facility ' °A 5Pr;2
Laboratpry Per rmi T es
Signature of O.A.C.
NNPDES#: NC O0Z55 -17 Pipe# OOt County e0bc5on
cTLC, Inc.
Signature of !_ab Su nvisor
Sample Information
Sample 1
Sample 2
Control
Collection Start Date
Grab
Composite
(Duration)
l
hiardness(rnoi-L~::;;;.,,
Spec.Cond.(�imhos/cm
Chiorine(mg/I
Sample temp. at receipt
q 13100
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Organism#
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Test
Information'
Treatment
pH Initial
pH Final
D.O. Initial
D.O. Final
Temp: Initial
Temp. Final
Start Date
` 6/00
1/20
End Date
Start Time End Ti net
/4:U0 oy:30
Start
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Renew2
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7.15
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25. t
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24.9
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# Young
30
26
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(L) ive (D)ead
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# Young
20
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1 g
13
ZZ
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16
13
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75
A(L)ivedult (D)ead
0
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3
0
4 5 6 7 8 9
ZI z Is z611g-
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Mean
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Final Control Mortality
% Control 3rd Brood 100
Control Repro CV 9.69
48 Hour Mortality
Control !WC
0of 10
Significant?
0of/0
Final Mortality Si nificant r�
or No Conc.
Z.5 %
Reproduction Analysis:
Repro. L OEC= 75 %; NOEL=50
Method: 064n4Ci-f-
Normal Distrib? Yes Method: Kdoux.eCvV
Statistic: 0.5451 Critical: ►. 03S
Method: BARn.rT
Criticai: IS.o 663
Equal Variances? Yes
Statistic: `6•`��31
Non -Parametric .Analysis (if applicable):
Method:
Effluent % Rank Sum Critical Sum
Overall Analysis:
Result = PASS/FAIL or
Tes LOEC= ,.ZS %; NOEC= 12•-
Chronic Value= !7. %
haserememmeese
MAIL
TO:
ATT: Environmental Sciences Branch
Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, N.C. 27699-1621
�,� .,.'Should use highest test concentration or
APP 2 3 2Lt'00 highest concentration with D.O. >5.0 mgrl
BRANCH
L6 Reduction from Control Reproduction Mean
.DWQ.form.AT-3 (8/91) Rev. 11/95
>=rrtuent Aquatic; t uxtutty rteporn rormiirmase n L.ctsuudpnnta
Facility
Re. & 3pr-,
NPDES#: NC00e65/7
Pipe# Doi County ICo.fi43-on
Laborat• y Perfor
ture of S.R.C.
viTd c , rr .
1
Signature of Lab Stet
ervisor
Sample Information
Sample 1 (
Sample 2
Control J
Collection Start Date
5I /00
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... _.._
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Spec.Cond.(umhos/cm
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Effluent%
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(L)ive (D)ead
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Comments
Test
nformation'
Treatment
pH Initial
pH Final
D.O. Initial
D.O. Final
Temp. Initial
Temp. Final
Start Date
End Date
5jiZ/oo
Start Time
I : 3v
End Time
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2 3 4 5. 6 7 8 9 10 11
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Final Control Mortaiity
% Control 3rd Brood
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(.2Of/0
Significant? I1)11-Ni
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ZS
# Young
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(L)ive (D)ead
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0
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0
0
0
0
0.0
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# Young
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(L)ive (D)ead
MAIL
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2 3 4 5 6 7
0
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d
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ATT: Environmental Sciences Branch
Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, N.C. 27699-1621
8 9 10
Mean
Final Mortality Significant CO
Ii.s %
or
No Conc.
Reproduction Analysis:
Repro. LOEC= %; NOEC=
Method: i0 fe>✓P OOOGTJd)
Normal Distrib? Method:
Statistic: Critical:
Equal Variances? Metnod:
Statistic: Critical:
Non -Parametric Analysis '(Jf applicable):
Method:
Effluent % Rank Sum Critical Sum
0
0
0 0
010
0 OU
0 :%Red
Vr
JUN 0 5 no
Overall Analysis:
Re6ult = PASS/FAIL or
Te t LOEC= i2.5 %; NOEC= 0
Cl-ionic Value= < IZ.S %
ould use highest testconcentration or
. ighest concentration with D.O. >5.0 mg/I
t% Reduction from Control Reproduction Mean
SUi ENGt_
CA -NCH
DWQ form AT-3 (8/91) Rev. 11/95
Effluent Aquatic Toxicity Report Form/Phase 11 Chronic Ceriodaphnia
Laborat. • .Perform'
Sig .ature of O.R.C.
Facility Re5Pr'A NPDES#: NC 00Z5571 Pipe# 0o1 County AbeSpn
Comments el;eA4 r~jus ; -,rMod .f-l„+ 7
-to L;gt, G1nlorinc� }� {�Sa' .)as
i
Signature of Lab Supervisor
+LtM ;AA Je. A4- 0wr 5. (s,yni'4.4.14„)1
Sample Information
Sample 1 I
Sample 2
Control
Collection Start Date
(o -5 -00
I`) !4
r:'; :.'
Hardness mg/i
Spec.Cond.(umhos/cm:
' Chlorine(mgil
Sample temp. at receipt
-.:.:-...1,,,:-:
a
1.1
1 1
6 .5 1
f'="' r `'
I. °C
Control
Effluent%
Z•5
Effluent%
Organism#
2 3 4 5 6 7 8
Test Start Date
nformation' b/ 7�ou
End
6/!
Date Start Time
�00 Io:30
End Ti ne-
tZ:oo
Start
Renewl
Renew2
Start
Renews
Renew2
�10
9u%
Treatment
pH Initial
pH Final T1. I0 � 05
i )14'o
Control Control
D.O. Initial 3. / 4 S•13
'1 D.O. Final .5 �{ 3=06
Temp. Initial 26, o Z.C.1
g o4
ZS1
Temp. Final 25. t Z5.1
Z'I.1
ZSZ
12 Mean
#Young
'
'
lZ
.
)5
110
15
t
13115
1b
II
Iti
a14.
Adult
(L)ive (Mead
L
L
L
L.
L:
t L I LL
L
# Young
1 2 3 4. 5 6 7
13 i71715 ig16
Adult
(L)ive (D)ead
LLL L L L L-
8
t7
L
9 10 11
►6
IS
Chronic Test Results
Final Control Mortality 5.
% Control 3rd Broo
Control Repro C
48 Hour Mortality
Control IWC
12 Mean
qemimmr
O of 10
Significant? VT"
l0of 10
N
L
L
# Young
I 9.5 I Adult
(L)ive (D)ead
1 2 _ 4 5 6 7 8 9 10 Mean
remmir
6 16 /6 A 15 15 t5 1Z 4 13
LL L LL L L L L
9
7
1
+) I4
h Re
PJf4
Mean
Effluent%
�—
# YouYoungO
—�
U
C.
0
U
0
0
0
0
0
pAA-
5O
Adult
(Live (D)ead
0
0
0
0
0
0
00
; JRg-
can
Effluent%
# Young
0
C.
0
C)
0
0
C.
0
0
0
MEMINIIMI
4IA
75
Adult
(L)ive (D)ead
u
^^
'�1
^
0
(
p
0
AVfi
Effluent%
# Young
O
0 o
5 6 7
0 0
v
Mean
Nuneir
ctoe
Adult
(L)ive (D)ead
MAIL
TO:
c
ATT: Environmental Sciences Branch
Div. of Water Quality
N.C. DENR
1621 Mail Service Center
Raleigh, N.C. 27699-1621
O 0
Cigelr
JUL 6 2000
ENVIRONMENTAL SCIENCES DWQ form AT-3
BRANCH
Pc
Red
Final Mortality Significant
or No Conc.I
50 %
Reproduction Analysis:
Repro. LOEC=__%; NOEC= _%
Method: S6 Corm 3
Normal Distrib? Method:
Statistic: Critical:
Equal Variances? Method:
Statistic: Critical
Non -Parametric Analysis (if applicable):
Method:
Effluent % Rank Sum Critical Sum
Overall Analysis:
Result = PASS/F or �y
TestIi�
OEC= 6} %; NO %
Chr nic Value= is,' .35 4,
r.�
d use highest test concentration-'uL5
t concentration with D.G. >5.0 mg/I:l•�
action from Control Reproduction Mean
(8/91) Rev. 1 1 /95
i
Control
-7.14 7.iro fi/A
tate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Wayne Horne
Town of Red Springs
217 S. Main Street
Red Springs, N.C. 28377
Subject:
Mr. Horne:
Chronic Toxicity Testing
Red Springs WWTP
NPDES No'. NC0025577
Robeson County
AV,A
NCDENR
NORTH'CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 15, 2000
My staff has received and reviewed Red Springs' 6/5/2000 effluent toxicity test that was conducted by
Water Technology and Controls. Upon closer inspection of the AT-3 form, we noted that this test was terminated
early due to high chlorine and no result was reported for this data. Our office re-evaluated this data and calculated
the result as a chronic value equal to 35.4%; therefore, we have recorded the 6/5/2,000 toxicity test result as such.
Our office informed,Mr. Mohammad Afzal, with Water Technology and Controls, that tests should not be
terminated early due to elevated chlorine. We urge you to discuss this issue with your contract laboratory to ensure
that test termination does not occur in future tests.
If a chronic value was not recorded on Red Spring's monthly monitoring report (DMR) for June, 2000, we •
remind you that the DIvIR submitted to the Division's -Central Files must be amended. The effluent DMR facility
information must be completely filled out (at the top of the sheet), and the form should have "CORRECTED COPY"
written or typed at the top. The parameter code of your particular toxicity test (THP3B) should be re-entered in an
appropriate column, and a chronic value equal to 35.4% should be recorded on this DMR. A brief explanation
should be written on the back of the DMR as to why.the test result for this analysis changed.
If you have any questions regarding test protocols, you are encouraged to call me or Kristie Robeson at
(919) 733-2.136.
Sincerely,
v
7
Matt Matthews, Supervisor
Aquatic Toxicology Unit
cc: _ Paul Rawls -FRO
Mohammad Afzal-Water Technology and Controls, Inc.
Central Files
Environmental Sciences Branch •
Telephone 919-733-2136
An Equal Opportunity Affirmative Action Employer
1621 Mail Service Center
• Raleigh, North Carolina 27699-1621
FAX it 733-9959
50% recycled/10% post consumer paper
DIVISION OF WATER QUALITY
August 17, 2000
MEMORANDUM
To: Paul Rawls
Fayetteville Regional Office
Through: Matt Matthews ne'N
From: Kevin Bowden Kg
Subject: Proposed Whole Effluent Toxicity Enforcement Action
TX 00-051
Town of Red Springs WWTP
NPDES Permit No. NC0025577
Robeson County
This office has reviewed the subject facility's whole effluent toxicity compliance data for the
review period April through June 2000. This action has been prepared because the facility did not
achieve compliance with its chronic toxicity permit limit for the above -mentioned review period.
Enclosed please find a proposed Notice of Violation and Civil Penalty Assessment,
Administrative Hearings Waiver Form, Civil Penalty Assessment Addendum and copies of AT test
form(s) for your files. All procedures for mailing the assessment, distributing copies and tracking the
enforcement action, once issued, are identical to procedures for issuing fast track enforcement actions
from the Regional Offices. Aquatic Toxicology Unit Staff have entered initial case information into the
Division's Enforcement Tracking System.
We have proposed the number of assessable toxicity limit violations. Civil penalty assessments
for chronic toxicity permit violations will be based on facility performance for the review period
(quarter).
Our office recommends the subject enforcement action be processed.
If you have any questions, please contact me or Matt Matthews at 733-2136.
RECEIVED
r tig 2 t 2000
FIYETTEV; LLE
REG. OFFICE
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Red Springs
County: Robeson
Case Number: TX 00-051
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;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
2) The duration and gravity of the violation;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
3) The effect on ground or surface water quantity or quality or on air quality;
(X) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant
The cost of rectifying the damage;
(X) not significant ( ) moderately significant ( ) significant
The amount of money saved by noncompliance;
( ) not significant (X) moderately significant ( ) significant
6) Whether the violation was committed willfully or intentionally;
(X) not significant ( ) moderately significant ( ) significant
()
()
()
very significant ( ) extremely significant
very significant ( ) extremely significant
very significant ( ) extremely significant
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
(X) not significant ( ) moderately sigh f cant ( ) significant ( ) very significant ( ) extremely significant
8) The cost to the State of the enforcement procedures.
(X) not significant ( ) moderately significant ( ) significant
Date
L
e,6
REMISSION FACTORS
()
very significant ( ) extremely .significant
Paul E. Rawls
Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Whether the violator promptly abated continuing environmental damage resulting from the violation;
Whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; and
Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Date Kerr T. Stevens
Fast Track Worksheet
Case Number
Facility Name
Permit Number
Previous Case
in the Last
two years
TX
00
051
RED SPRINGS (TOWN) - WWTP
NC0025577
[Yes
Statutory Maximun
per violation
Number of Assessments for previous 6 DMRs
N • 2 0 3 0 4 0 5 0 6
1.00
$25,000
Total Assessment Factor =
1.00
Total
Number Number Penalty/ Assessment
Violations Assessed Parameter Violation Violation Factor Total Penalty
3
3
TX
Exceed whole
effluent toxicity
$1000
1
$3000.00
3
Comments
Grand Total Penalty
Percent of the Maximum Penalty
Authorized by G.S. 143-215.6A.
$3000.00
4.00
• ,
New Record
TX
00
NC0025577
051
217 SOUTH MAIN
RED SPRINGS
1
';•',..Maj/Mitt
1
7- 7 Statutory Authority
STREET
"re ?
Subbasin
Farm
NC
28377
RED SPRINGS (TOWN) - WWTP
143-215.6A(a),(b),&(c)
ROBESON
Facility:Type
l'71340 tn• FRO
`7!
Central Office Logii iiate
08/24/00
Kevin Bowden
Dale L/Kitty K
egiOnd;C:Ontaet
, ..„
Date PenaltyAssessed
08/22/00
Violation, Motit!'h/V.'
(*RegiOna.1DMR assessments
Datel
Penalty,Atnbutit,
•„,„
DamageS
,
Enforcement Costs'
08/22/00
$3,000.00
$72.19
F&D Received :Reply Due By
08/24/00
Comments
09/23/00
Enf •COrif. bate,.
• . •
..;ReMission,Aniotnt,
Conf: Green.
Staff Review,CortipletO
Assistant SeCtiOdChief Review'
Section Chief Reviev*
Mr. Wayne Horne
, A
17!.tik6sKANIt'ill-141i6r Mr. Horne
Notification to appear
before EMCreCeived°
EMC Hears Case
Amount
Petitironedin,OAH
7 • PertaltY Retracted
•k.
• EaseAmC011ectioti,
•-•• ,•
Tdial 'Paid
.64e Cl9seci,
=
Red Springs, nc0025577 (EA for quarter 4-6, 2000) (4-17.7%, 5-<12.5%, 6-35.4%)
To region 8/17/00
Main Payment Remission Petition
Fast Track
Admin