NC0027103_LV-2009-0077_20090416

Beverly Eaves Perdue
Governor
MCDUFFIUE CUMMINGS
TOWN OF PEMBROKE
PO BOX 866
PEMBROKE NC 283720866
SUBJECT:
Dear Mr. Cummings:
Las-w1
NC
N* 1D'2-
North Carolina Department of Environment. and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 16, 2009
Payment Acknowledgment
Civil Penalty Assessment
Pembroke WWTP
Permit Number: NC0027103
Case Number: LV-2009-0077
Robeson County
qlf
.'n
Dee Freeman
Secretary
-4F
4 2020
0
This letter is to acknowledge receipt of check number 005100 in the amount of $385.17 received from you
dated April 15, 2009. This payment satisfies in full the above 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 Joe Corporon at 919-807-6394 .
cc:
Sincerely,
Jovonah Weeden
Central Files
DWQ Rgiinal Office Supervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
North Carolina
Naturally

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0001 1492 1159
McDuffiue Cummings
Town of Pembroke
P.O. Box 866
Pembroke, NC 283720866
SUBJECT:
March 11, 2009
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-2009-0077
Robeson County
Dear Mr. Cummings:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $385.17
($250.00 civil penalty + $135.17 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 December 2008.
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
December 2008 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 Quality, I, Belinda S. Henson, Division of Water Quality
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Pembroke:
One
NorthCarolina
Nat/tray
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Town of Pembroke
County: Robeson
Case Number: LV-2009-0077
ASSESSMENT FACTORS
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;
• Facility had one weekly BOD violation that met enforcement criteria.
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 wilfully 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 within the past twelve months.
8) The cost to the State of the enforcement procedures.
• Enforcement costs to the state totaled $135.15.
3-it- oq
Date
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0001 1492 1159
McDuffiue Cummings
Town of Pembroke
P.O. Box 866
Pembroke, NC 283720866
SUBJECT:
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
March 11, 2009
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Peniiit NC0027103
Town of Pembroke
Pembroke WWTP
Case No. LV-2009-0077
Robeson County
Dear Mr. Cummings.
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $385.17
($250.00 civil penalty + $135.17 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 December 2008.
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
December 2008 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 te, nis,
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 Quality, I, Belinda S. Henson, Division of Water Quality
Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty
assessment against Town of Pembroke:
North Carolina
Nattfrally
North Carolina Division of Water Quality/Surface Water Protection Section 225Green St./Suite 714 Fayetteville, NC 28301 Phone [phone]
FAX [phone] Internet: h2o.enr.state.nc.us Customer Service 7-877-623-6748

$250.00
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 Peinuit Weekly Average limit for BOD.
$250.00 TOTAL CIVIL PENALTY
$135.17 Enforcement Costs
$385.17 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 Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/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 infoiniation 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 fauns 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 foiiii from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, 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,
fliouLDJ givivgv-yo
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
ATTACHMENTS
cc: Enforcement File w/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0077
Assessed Party: Town of Pembroke
Permit No. (if applicable): NC0027103
County: Robeson
Amount Assessed: $385.17
Please use this foini 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"
foini 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-2009-0077
Having been assessed civil penalties totaling $385.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 11, 2009, 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 Quality 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
ADDRES S
TELEPHONE

ATTACHMENT A
Town of Pembroke
CASE NUMBER: LV-2009-0077
PERMIT: NC0027103 FACILITY: Pembroke WWTP
COUNTY: Robeson REGION: Fayetteville
Limit Violations
MONITORING OUTFALL/ VIOLATION
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$250.00 12-2008 001 Effluent BOD
12/06/08 3 X week mg/I 27 48.38 79.20 Weekly Average Exceeded

EFFLUENT
NPDES PERMIT NUMBER: NC0027103
FACILITY NAME: TOWN OF PEMBROKE
OPERATOR IN RESPONSIBLE CHARGE (ORC): Rhonda Hagan Locklear
DISCF(ARGE NUMBER: 001
GRADE: 4
CERTIFIED LABORATORIES: f 1) Town of Pembroke WWTP (2) TBL (3) Element One (4) Meritech
CHECK BLOCK IF ORC HAS CHANGED
LIMMIO
MAIL ORIGINAL and ONE COPY TO:
Att'n: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)
MONTH: DECEMBER
' .
'-'YEAR:, 2008
CLASS: III COUNTY: ROBESON
PHONE: [phone]
PERSON( COLLECTING SAMPLES: LABORATORY AND OPERATOR STAFF
4/' tP
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
J®Q 9-- a)
KKA
Date
Operator
Arrival
Time
24:00
Operator
Time
on
Site
ORC
on
Ske?
50050
00010
00400
50060
00310
00610
00530
31616
00300
00600
00665
71900
TGP3B
FLOW
EFF 1I
INF X
Daily
Rate
Temp
(Celsius)
pH
Residual •
Chlorine
BODs
20°
Ammonia
Nitrogen
Total
Suspended
Residue
Fecal
Coliform
Geometric
Mean
Dissolved
OxYgerl
Total
Nitrogen
Total
Phosphorous
Mercury
CHRONIC
TOXICITY
Fecal
Qualifier
Bod
Qualifier
HRS
2 07 : 30
0:70t)
4 07 : 30
6
8 07 : 30
HRS
Y / N
8 Y
N
8 ' Y
MGD
0;70.
1.19
1.17
1.06
0.93
0.93
0.85
oc
17.7
17.8
18.2
17.8
:17./
17.8
UNITS
6.58
.6..55 .
6.23
.6.34
UGIL
< 10
< 10
MGIL
MGIL _
5.36
1.41
1.91
2.15 1.90
••• 2.15 <: :0.10:
MGIL
2.8
.2.8'
t1/100ML
21
6
MGIL
9.0
.9.0: '
MG1L
MGM_
NG/L
P/F
10 07 : 30
8
Y
0.80
18.4
6.30
< 10
2.82 < 0.10
2.8
2
9.0
12 07 : 30
8 Y
1.29
18.3
t29.'
14
N
1.29
1.25
18.13.
4:80 :.'
•: 20'
16 07 : 30
8 Y
0.96
18.3
6.33
< 10
2.46
0.11
2.6
15
9.5
194
<'. '10 :
<1 ; 2.00 < 0,10.•
8
9:0
0):.10tG.
18 07 : 30
8 Y
0.93
18.8
0.82.
20
N
0.93
,:21::
0.9*
•-•
22 07 : 30
WW4*
8 B
0.93
16.7
7.03
< 10
< 2.00 < 0.10
< 1.0
11
9.5
1.6*
16.0
<:10
230,012
24 H 0
LIDY I
.. H p fk.y .
26 .HOLIDAY
27
0.79
• t).7P.::
0.79
0:79
A,J
28 •
N
0.79
O79.
.18.3
6.48.
:10.•
< .io'
•< : 1
30 07 : 30
8
0.84
18.0
6.39
< 10
< 2.00 < 0.10
1.7
< 1
9.1
•
2,39 < -:•pilo:
10.0
HO!
AVERAGE
0.95
17.9
Ma 0
11.73
0.89
8.5
- 4
9.3
1.99
0.168
< 0.0
iiI!49:)
P:1*•*:Eti4-4ii:X0#ii
ri-4i6.i•:•.i
iqii•I0oi
::iiii::000ii
ii1i*iii0408ii'.:i':!ii,t1i.gloi!iliii
MINIMUM
0.78
16.0
6.23
< 10
< 2.00
< 0.10
< 1.0
< 1
9.0
1.99
0.168
< 0.0
Oiiiiiii0040
i0iiii!ii::iiii0i
!iiiii;i0Wiii!iiiiCi
:.:riiiiii0ili
i:iiiiiii*iiiii0;:liii0V:i
Monthly Limit
1.33
6-9
28
18.00
12.00
20.0
200
>5
P
Template of DEM Form MR-1 (12/93)

FAC U TY STATUS
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
If the facility is in noncompliance, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc; and a
time table for improvements to be made.
The weekly average for BOD was exceeded for the week of 12-03-2008. The plant is currently experiencing settleablitiy problems as discussed
with Mark Brantley of the Fayetteville Regional Office. On the 3rd the treatment began using polymer which immediately brought the BOD to
2.3 mg/I.
"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 manage 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."
McDuffie Cummings, Town Manager
Permittee (P print or type)
Date
Town of Pembroke P.O. Box 866 Pembroke, North Carolina 28372 (910)-521-9758 Permit Exp. Date ... July 31, 2009

Owner: Town of Pembroke
Facility: Pembroke WWTP
Permit NC00271 03
Region: Fayetteville
Penalty
Assessment
Case Number MR Approved
Penalty
Amount
Permit Enforcement History by Owner
County: Robeson
03/05/09
1
Remission Enf EMC EMC OAH Collection Has
Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case
t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed
LV-2009-0077 12-2008 03/05/09 $250.00 $115.17 $365.17 No
Total Cases: 1 $250.00
$115.17 $365.17
Total Penalties: $365.17 Total Penalties after remission(s): $365.17

Remission Petition;
Summary j .. Related Violations
Facility: PerrrbrakeVt±TI
Owner Town 'ofPembro
Related Cases
Details .Region:
Report Me:." Permit ' i Origin, Location Viol. Category
12-2008 NC0027103 001 ,Eifluent LireitViolatien
Penalty Waived:
PenaltyAssessed:
Letter date: I
F&D Received by Facility:
Days Response Due
Parameter._
omments j, Events
ve'=>
is, .> . °t oriitoring Report: 12-2008
Description:.:
Weekly Average..
0 RO Assessed 0 CO Assessed
'Enforcement Contact''"Cummings, McDuff...
Letter Salutation: Mr. Cummings
Regional Contact: Brantley, Mark
TotalDollar
$250.00
xport;F&D Lefler:,
odd - " PenattyAmount:
Damages:
''Enforcement Cost:
bate Response,Due ' l . Total Penalties
Ready
$250.Do;
$135.17