NC0087947_LV20140135_20141119

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E.Skvarla,III
Governor Secretary
Certified Mail#7013 2630 0002 0760 8353
Return Receipt Requested
November 14,2014
Danny Fowler
Columbus County
612 N Madison St
Whiteville,NC 28472
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 No.NC0087947 RECEIVED/DENRIDWR
Columbus County
Columbus County WWTP NOV 1 9 2014
Case No.LV-2014-0135
Columbus County Water Quality
Permitting Section
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$268.00($100.00 civil penalty
+$168.00 enforcement costs)against Columbus County.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Columbus County for the month of July 2014. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0087947. The
violations,which occurred in July 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Columbus County violated the terms, conditions or
requirements of NPDES Permit No. NC0087947 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, James H. Gregson, Regional Supervisor, Wilmington Regional Office hereby make the following civil
penalty assessment against Columbus County:
127 Cardinal Drive Extension.Wilmington.North Carolina 28405
Phone:[phone] \Internet:www.ncdenr.gov<http://wtivw.nedenr.gov>
An Equal Opportunity`Affirmative Action Employer-Made in pan by recycled paper

$100.00 1 of the 1 violations of 143-215.1(ax6) and NPDES Permit No.NC0087947, by discharging r
waste water into the waters of the State in violation of the Permit Weekly Average for BOD -
Conc.
$0.00 0 of the 1 violations of 143-215.1(ax6) and NPDES Permit No.NC0087947, by discharging
waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for
FEC COLI.
$100.00 TOTAL CIVIL PENALTY
$168.00 Enforcement Costs
$268.00 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(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

Qption 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 Resources 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 Resources 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 Resources also requests that you complete and submit the enclosed "Justification for
Remission Request"
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr.John Evans,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.
•
4

If you.have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at [e-mail].
Sincerely,
for omas A.Reeder,Director
Division of Water Resources,NCDENR
By James H.Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2014-0135 County: Columbus
Assessed Party: Columbus County
Permit No.: NC0087947 Amount Assessed: $268.00
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 apply.
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. I43B-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 COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Columbus County )
Columbus County WWTP )
)
PERMIT NO.NC0087947 ) CASE NO. LV-2014-0135
Having been assessed civil penalties totaling $26.8.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 14, 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 •

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Columbus County
Facility Name: Columbus County WWTP
Permit Number: NC0087947
County: Columbus
Case Number: LV-2014-0135
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property/ /erresulting from the violation;
Com'
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;
A14-
5) The amount of money saved by noncompliance;
1`46) 11/4-
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 Commissionsi ;has regulatory authority;and
rte`/ 7 f/14-fal 'Ll- C �
8) The cost to the State of the enforcement procedures.
$168.00 i
Date Ja H.Gregson,R ional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office

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PUBLIC UTILI'1'ImS
TELEPHONE Ste' Fax
`ka. f res910-642-1041
910-642-5257o�
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October 20,2014 ' a
Mr.Dean Hunkele,Senior Environmental Specialist OCT 3 0 2014
NC.Department of Environment and Natural Resources
Division of Water Quality,Surface Water Protection
127 Cardinal Drive Extension � '---
Wilmington,NC 28405
Ref: Columbus County POTW NPDES Permit NCoo87947—Notice of Violation Response
Dear Mr.Hunkele,
Columbus County has prepared this letter in response to the Notice of Violation (NOV-2o14-LV-o435)
received by Columbus County on October 15, 2014 for National Pollutant Discharge Elimination System
(NPDES)Permit NCoo87947 as detailed below:
Parameter Date Limit Value Reported Value Limit Type
Biochemical Oxygen Demand 7/5/14 7.5 mg/L 20 mg/L Weekly Average
Fecal Coliform 7/12/14 400#/ioo mL 450#/100 mL Weekly Geometric Mean
Columbus County has carefully reviewed this violation, along with their engineering consultants,
Dewberry Engineers Inc., and offer the following response. With respect to the fecal coliform result we
have confirmed with the Significant Industrial User that there are no known cross connections. Since
September 2013, Columbus County has collected weekly POTW influent samples for fecal coliform
concurrent with POTW effluent sampling to further confirm that there is no human fecal coliform source
in the influent wastewater. All weekly influent fecal coliform samples, including the sample collected
concurrent with the 7/12/2014 effluent limit violation,have been non-detect for fecal coliform.
With respect to the BOD violation, the operational data indicate that the POTW was operating within
normal influent loading rates and the mechanical systems were in good operational status during the
week of the violation. On the date of the BOD violation,the effluent total suspended solids concentration
was 14 mg/L, which likely contributed significantly to the elevated BOD concentration. Annual
preventative maintenance was performed on the filter basin on July 31, 2014 to reduce the potential for
discharge of TSS and particulate BOD in the effluent.
Should you have comments or questions about this response letter,please feel free to contact me at(91o)
640-6600.
wittSincerely, J
lei /
Willia S.Clark,
County Manager
Cc: Ronald Bazinet,Momentive; Dan Wilkinson,Dewberry;Leigh-Ann Dudley,Dewberry
612 N. MADISON STREET • WHITEVILLE, NORTH CAROLINA 28472

ArDENR
North Carolina Department of Environment and Natural Resources
•
Pat McCrory John E. Skvarla, III
Governor Secretary
October 2, 2014
CERTIFIED MAIL #7013 2630 0002 0760 8247
RETURN RECEIPT REQUESTED
Danny Fowler
Columbus County
612 North Madison St
Whiteville, NC 28472
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2014-LV-0435
Permit No. NC0087947
Columbus County WWTP
Columbus County
Dear Mr. Fowler:
A review of Columbus County's Discharge Monitoring Report(s)for the Columbus County WWTP submitted for the
month of July 2014 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day 7/5/2014 7.500 mg/I 20.000 mg/I Weekly Average Exceeded
Coliform, Fecal 7/12/2014 400.000#/100m1 450.000#/100mI Weekly Geometric Mean Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). 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 should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone:[phone]\Internet:www.ncdenr.gov
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

NOV-2014-LV-0435
October 2,2014
Page 2 of 2
Reminder: Pursuant to Permit Condition 6 in Section E,the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours,from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report
may be required within 5 days if directed by Division staff. Prior notice should be given for
anticipated or potential problems due to planned maintenance activities,taking units off-line,etc.
In addition, you may wish to consider registering to use the Division's new e-DMR process for completion and
submittal of monthly monitoring reports, for more information please visit our website at:
http://oortal.ncdenr.org/web/wq/admin/boe/ipu/edmr
If you should have any questions,please do not hesitate to contact Dean Hunkele with the Water Quality Section at
[phone] or via email at [e-mail].
Sincerely,
Jam Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc: DWQ/Wilmington Regional Office-Green File
Central Files,Water Quality Section

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