NC0020931_CPA TX-2022-0013_20221107

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 7, 2022
CERTIFIED MAIL: 7007 1490 0004 5533 8596
RETURN RECEIPT REQUESTED
Vaughn Benton, Mayor
Town of Boonville
P.O. Box 326
Boonville, NC 27011-0326
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6)
NPDES Permit No. NC0020931/001
Boonville WWTP
Case No. TX-2022-0013
Yadkin County
Dear Permittee:
This letter transmits a Civil Penalty assessment against Boonville WWTP
in the amount of $2,073.88 ($2,000 civil penalty + $73.88 enforcement costs).
This assessment is based upon the following facts: A review of the facility's toxicity self -monitoring data
from the months of April through June 2022 has been conducted. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES
WW Permit No. NC0020931. The facility's toxicity self -monitoring reports revealed the following
effluent toxicity permit limit violations:
April 4, 2022
May 23, 2022
June 6, 2022
FAIL (7-day P/F) non -compliant
>100 % (Cer7dChV) compliant
FAIL (Cer7dChV) non -compliant
Based upon the above fact(s), I conclude as a matter of law that the Boonville WWTP violated the terms,
conditions, or requirements of NPDES Permit No. NC0020931 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).
Based upon the above fmdings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environmental Quality and the Director of the Division of Water
R_EQ�
No CAROLINA
Dep.ne,eMm Eernmemmdi 0 .�
North Carolina Department of Environmental Quality j Division of Water Resources I Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
919.743.8400

Resources, I, Cindy Moore, Supervisor, Aquatic Toxicology Branch, hereby make the following civil
penalty assessment against the Boonville WWTP:
$ 1000
$ 1000
For 1 of 2 violation(s) of G.S. 143-215.1(a)(6) and NPDES
Permit No. NC0020931, by discharging waste into the
waters of the State in violation of the facility's permit
effluent limit for acute toxicity for April 4, 2022.
For 2 of 6 violation(s) of G.S. 143-215.1(a)(6) and NPDES
Permit No. NC0020931, by discharging waste into the
waters of the State in violation of the facility's permit
effluent limit for acute toxicity for June 6, 2022.
$ 73.88 Enforcement costs.
$ 2,073.88 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 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 Environmental Quality (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:
Wastewater Branch
Division of Water Resources
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.
NORTH D_EQ)
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
919.743.8400

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) 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;
(2) the violator promptly abated continuing environmental damage resulting from the
violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) 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 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:
Wastewater Branch
Division of Water Resources
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 form from the Office of Administrative Hearings.
NORTH D_EQ�
CAROLINA
Deportment wrmara, &w.IiW
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
919.743.8400

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 for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. William Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 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.
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 Cindy Moore at 919-743-8442.
t1-)-202v
Date Cindy Moore, Supervisor, Aquatic Toxicology Branch
Division of Water Resources, NCDEQ
ATTACHMENTS: Remissions Form, Waiver
CC: Timothy Collins, ORC (via email: [e-mail]);
Jenny Graznak, WSRO (via email: [e-mail]);
ATB Enforcement File & Laserfiche
DEQ4NOR1M CAFQI RW
To,
Fx�on�emw awwn
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road { 1621 Mail Service Center 1 Raleigh, North Carolina 27699-1621
919.743.8400

JUSTIFICATION FOR REMISSION REQUEST
Case Number: TX-2022-0013
Assessed Party: Boonville WWTP
Permit No. (if applicable): NC0020931
County: Yadkin
Amount Assessed: $ 2,073.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRizht 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 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 ENVIRONMENTAL QUALITY
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Boonville WWTP
NPDES PERMIT NO. NC0020931
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. TX-2022-0013
Having been assessed civil penalties totaling $2,073.88 for violation(s) as set forth in the assessment document
of the Director of the Division of Water Resources dated November 7, 2022, 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 Resources 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 , 20
SIGNATURE
ADDRESS
TELEPHONE