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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 An Equal Opportunity Affirmative Action Employer ; 50% recycled/10% post -consumer paper 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, • - JATE' ' ,,:.,-.. -!.-,A. ,, 1V,-:4-,, ; ' ,.,,,„ , DE SC , , ,i\l, _ :cf,e',--',: 31/822/04 Payten.t of Civil Pen.alty Assespment - NPDES Permit #NC0025577 $3072.19 --?, --.,,./.1.0',..-., ,,,..r.r.:-.4. .•;‘,..,,,- ,..-,4,..,.,,,, 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 LI Moo 4 `t'� f. ''a..__ Z 4 00 Z 00 x ftr .% 4 ,:: k s J R 1w ei �9 .@'Ydlty 1 _ .t ?I g,„y� ,t y W „- LL4 856 1 134 ( I$9 O O. Z2 0, 6 I " , 0.• °C �r"' _' Control Effluent% (Z.5 Effluent% Organism# 2 3 4 6 6 7 8 Comma l: . \tc.ev t%occe 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 Renewl Renew2 Start Renewlenew2 %90 `1 U Control Control Control go6 g.oq `coo qo 7.Gc) 3", 17 &.f5 1.%' `5-.11 " 1 5-'13 alb 7.15 2717.97 7.99 -799 25. t 214.1 20.1 24.9 25. o Zs. o ZSi zsl Z5. U 25..0 ZU•7 ZS Mean # Young 30 26 Z6 Z ZH Z7 ZS 1 Zit Z7 1.Z2 Zs3 Adult (L) ive (D)ead I L. 11_ L L I I L L L.1 I 1 I L I L Young Adult (L)ive (D)ead Young Adult (L)ive (D)ead 1 2 3 4 5 6 Z7 t 26 Zq( 25 L r L L L 1 Z7 32 Z�{ 0 0 0 9 L L 4 9 6 Z7 1g 3Z 0 0 0 4 7 $ 9 10 11 12 Mean ZinZZZ3 (- 7 21{ 0 L 8 Z2 0 L L 9 10 ZL{ ,40 zz 0 Mean 7 R 4 1 c Mean ', Effluent% # Young ?G Z3 Z7 A ZO 27 ZZ 13 12 w Z3,14° `sb ult (L)ive(D)ead0 .0 0 0 0 0 0 0 0 7.S! 2 4 Mean Effluent% # Young 20 0 1 g 13 ZZ Zb V{ 11 16 13 I" 75 A(L)ivedult (D)ead 0 D r Z� b I Effluent% # Young o 2 ilia Adult n 0 (L)ive (D)ead� I 3 0 4 5 6 7 8 9 ZI z Is z611g- 0 10 Mean Chronic Test Results 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 AA- 4- ,r /1//� %civ.7•site ... _.._ ;:...//.. _. 71:� atie-_ Hardness(mail Spec.Cond.(umhos/cm Chiorine(mgi1 Sample temp. at receipt ;5.-^ ,,' /67/ I g I (�'� '- Z.q °C Y °c ` ,.- ° •• _ •! Control Effluent% (Z.S # Young Adult (L)ive (D)ead O 1 L 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 07:c)u Start Renew1 Renew2 Start Renewi Renew2 0 Control Control Control 0� 7.95 rkger tJlk y. 03 1(4.1 25.E Z5. o 24.9 Organism# 2 3 4 5 6 7 8 9 10 11 12 0 0 O L L 0 L L 0;0. 0 1L 0 0 L 2 3 4 5. 6 7 8 9 10 11 12 # Young 0 0 0 0 0 0 c) 0 Adult (L)ive (,D)ead 0 0 0 0 0 0 0 0 Mean Mean 6.0 i Redt 1414 Chronic Test Results Final Control Mortaiity % Control 3rd Brood n1/q t)/4- Control Repro CV A)/4- 48 Hour Mortality Control • IWC (.2Of/0 Significant? I1)11-Ni io of 10 Effluent% • ZS # Young Adult (L)ive (D)ead 1 2 3 O 0 0 4 5 0 0 6 7 8 D 0 0 9 10 0 Mean 0.0 0 0 J J 0 0 0 '/, Red 1 9 9 1 Mean Effluent% # Young 0 0 0 0 0 0 0 0 0 0 0.0 So Ad (L)ive (Dult )ead 0'0 0 0 0 0 0 0 0 tD Re '%0d Mean Effluent% # Young 0 0 0 0 0 0 0 0 0 0 6.0 -75 1 Adult (L)ive (D)ead. J 0 0 0 0 0.0 0 0 ail Effluent% # Young Adult (L)ive (D)ead MAIL TO: O 2 3 4 5 6 7 0 0 0 D 0 0 d 0 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