NC0021881_LV20140144_20141002

■
IF r v. A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E.Skvarla,111
Governor Secretary
Certified Mail#7013 2630 0002 0760 8780
Return Receipt Requested
December 02,2014
Darren L Currie RECEIVED/DENR/DWR
Town of Lake Waccamaw
PO Box 145 DEC - 8 2014
Lake Waccamaw,NC 28450-0145
Water Quality
Permitting Section
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.NC0021881
Town of Lake Waccamaw
Lake Waccamaw WWTP
Case No. LV-2014-0144
Columbus County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$418.00($250.00 civil penalty
+$168.00 enforcement costs)against Town of Lake Waccamaw.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Lake Waccamaw for the month of September 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.
NC0021881. The violations,which occurred in September 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Lake Waccamaw violated the terms, conditions
or requirements of NPDES Permit No. NC0021881 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 Town of Lake Waccamaw:
127 Cardinal Drive Extension.Wilmington.North Carolina 28405
Phone:[phone] \Internet:nxvw.nedeni.gov<http://www.ncdenr.gov .
An Equal Opportunit) •Affirmative Action Employer-Made in pan by recycled paper
1

•
Option 3: File a petition for an administrative hearine with the Office of Administrative Hearines:
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-2014-0144 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NC0021881 Amount Assessed: $418.00
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. 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 COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Lake Waccamaw )
Lake Waccamaw WWTP )
)
PERMIT NO.NC0021881 ) CASE NO. LV-2014-0144
Having been assessed civil penalties totaling $418.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 02, 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

ATTACHMENT A
Town of Lake Waccamaw
CASE NUMBER: LV-2014-0144
PERMIT: NC0021881 FACILITY: Lake Waccamaw WWTP COUNTY: Columbus REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$0.00 9-2014 001 Effluent FEC COLI 9/13/14 3 X week #/100m1 400 443.10 10.8 Weekly Geometric Mean Exceeded
$250.00 9-2014 001 Effluent FEC COLI 9/20/14 3 X week #/100m1 400 655.10 63.8 Weekly Geometric Mean Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Lake Waccamaw
Facility Name: Lake Waccamaw WWTP
Permit Number: NC0021881
County: Columbus
Case Number: LV-2014-0144
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;
• zg, "Af `17-•-e .
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;
/44-
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 Managemgnt Commission has regulatory authority;and
%,f....14.5 444-) -fert- /41-1-4014-)
rt....e-c$2-0--Z1--; S,71.-evt-/4
8) The cost to the State of the enforcement procedures.
$168.00
Date Jam•s H.Gregso ional Supervisor
ater Quality Regional Operations Section
Wilmington Regional Office

__. EFFLUENT ,
(WINTER)
PERMIT NO: NCff191RR1 Discharge No: 001 MONTH: September YEAR: 2014
FACILITY NAME• Lake Waccamaw WWTP CLASS: Grade II COUNTY: Columbus
OPERATOR IN RESPONSIBLE CHARGE: Michael Prostinak GRADE: II PHONE: [phone]
CERTIFIED LABORATORIES (1) Environment I
Check box if ORC has changed [ ]
�l' i-':
Mail ORIGINAL and ONE COPY td:.; ` � ' `..v:,,'
•
ATTN: CENTRAL FILES ), -t yp X 11�� �),,z4A�►/��trODate /6//d/Al
Div.Of Environmental Managert !T 2 Q1 2.Q 1`t (SIGNAT OF OPERATOR IN RESPONSIBLE CHARGE)
DENR J I By this signature,I certify that this report Is accurate and A�
P.O.Box 29535 jE�TRAL_t� S. complete to the best of my knowledge.
�IO
Raleigh,NC 27626-0535 cf �,
if P�-' (` F i[:
50050 00010 00040 00545 50060 00310 00610 00530 31616 00300 00600 00665 TGP3B THP3B 00630
Opr. Daily to
Arrive Opr. Rate m Res BOD5 • Fecal m to
T Time Time ORC Flow TEMP pH m . @20C NH3-N TSS Coliform o 2 «, A
a Z T
E 2400 on ON []INF x m C12 (Geometric D.O. Z c d E
Clock Site SITE [1 EFF Co 2 Mean) To To p 2 K m
# I--IS r ii U I- Z #
25 HRS HRS YIN MGD DEG C UNIT mg/L ug/L mgIL mg/L mgIL #/100m1 mg/L mgIL mg/L PIF %CV mg/L
1 0.218 HOLIDAY 1
2 9:00 8 Y 0.209 26.5 8.1 <102000 7.1 2
3 9:00 8 Y 0.189 26.6 7.5 24 < 1 6.6 3
4 9:00 8 Y 0.198 26.7 7.7 <10 2 < 0.04 8.1 < 1 6.7 19.09 17.92 4
5 9:00 8 Y 0.170 26.75
6 0.179 6
7 0.173 7
8 9:00 8 Y 0.356 25.5 <10 6.7 8
9 9:00 8 Y 0.484 25.0 7.8 <10 110 7.1 9
10 9:00 8 Y 0.311 24.6 7.7 41 118 7.3 10
11 9:00 8 Y 0,238 24.7 7.5 40 4.8 0.12 10.0 > 6700 7.5 11
12 9:00 8 Y 0.242 25.8 , 12
13 • 0.519 13
14 0.487 14
15 9:00 8 Y 0.262 24.0 _ J 4 F 15
16 9:00 8 Y 0.505 24.1 7.2 18 1800 7.6 Q 3�p 16
17 9:00 8 Y 0.456 24.2 7.2 <10 2200 7.4 OCT 2 8 LU ik 17
18 9:00 8 Y 0.359 29.3 7.7 _ 17 2.7 0.34 14.0 71 7.5 18
19 9:00 8 V 0.299 23.8 19
20 0.261 20
21 0.242 21
22 9:00 8 Y 0.242 23.2 22
23 9:00 8 Y 0.231 22.5 7.5 24 5400 7.8 23
24 9:00 8 Y 0.261 21.0 7.9 38 4.3 0.21 14.0 110 7.9 24
25 9:00 8 Y 0.308 21.0 7.8 40 2 8.5 p 25
NOV 4 ZA�(�t - 26
26 9:00 8 Y 0.286 21.4 _
27 0.245 27
28 0.241 , __ - 28
29 9:00 8 Y 0.227 24.4 29
30 9:00 8 Y 0.244 21.5 7.8 25 5 7.7 30
AVERAGE 0.288 24.4 30 3.6 0.18 11.5 78 7.4
MAXIMUM 0.519 29.3 8.1 41 4.8 0.34 14.0 6700 8.5
J
MINIMUM 0.170 21.0 7.2 17 2.4 0.04 8.1 1 6.6
COMP/GRAB COMP GRAB GRAB GRAB GRAB GRAB GRAB GRAB GRAB GRAB GRAB GRAB GRAB_

Facility Status:(Please check on of the following:
All monitoring data and sampling frequencies meet permit requirements II
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
lithe facility is noncompliant,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 fecal coliform limits was exceeeed during the second and third week of
the month. Heavy rainfall caused flows to increase to the point where the chlorine
detention time was not sufficient enough to allow proper disinfection.
"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."
Darren L.Currie,Town Manager
P (Please p ' f type)
/CAA/
Signature of Permittee*' Date
(Required)
Permittee Address Phone Number Permit Exp.Date
P.O.Box 145 910-646-3700
Lake Waccamaw,NC 28450
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Floride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADM1) 00625 Total Kjeldal 01027 Cadmium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BODS 00665 Total Phosphorus 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS
Residue 00929 Total Sodium 01051 Lead 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow
Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at(919)733-5083 or by visiting
the Water Quality Section's web site at b2o.enr.state.nc.us/wgs and linking to the Unit's information pages.
Use only units designated in the reporting facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2b.0506(2)(1)).
...f

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla,Ill
Governor Secretary
November 4, 2014
CERTIFIED MAIL #7013 2630 0002 0760 8346
RETURN RECEIPT REQUESTED
Darren L Currie
Town of Lake Waccamaw
PO Box 145
Lake Waccamaw, NC 28450-0145
Subject: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2014-LV-0480
Permit No. NC0021881
Lake Waccamaw WWTP
Columbus County
Dear Mr Currie:
A review of Town of Lake Waccamaw's Discharge Monitoring Report(s)for the Lake Waccamaw WWTP.submitted for
the month of September 2014 showed the violations indicated below.
THCFOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal 9/20/2014 400.000#/100m1 655.120#/100mI Weekly Geometric Mean Exceeded
Coliform, Fecal 9/13/2014 400.000#/100m1 443.050#/100m1 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