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Home My WebLink AboutNC0025381_LV20230001_20230106 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Lake Lure Facility Name: Lake Lure WWTP Permit Number: NC0025381 County: Rutherford Case Number: LV-2023-0001 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; The degree and extent of harm is unknown. Violations of permit limits may be detrimental but may not be immediately quantifiable. The Broad River is a Class C stream protected for secondary recreation and fish propagation. This segment of river (9-22) has been impaired for Benthos since 2008. 2) The duration and gravity of the violation; The facility exceeded the monthly average ammonia limit of 5.20 mg/L by 132.1% for the October reporting period. The reported monthly average was 12.07 mg/L. 3) The effect on ground or surface water quantity or quality or on air quality; The effects on surface water quantity and quality are unknown. Violations of permit limits may be detrimental but may not be immediately quantifiable. 4) The cost of rectifying the damage; The cost is unknown. There were no documented or reported damages to the receiving stream that required cleanup, repair, or closures. 5) The amount of money saved by noncompliance; The exact amount of money saved by noncompliance is unknown but would have included the costs of repairing/replacing the collection system line under the Lake when it was determined the WWTP could no longer treat biologically due to Lake water infiltration. 6) Whether the violation was committed willfully or intentionally; We do not believe the violation was committed willfully or intentionally. This has been a known issue since at least the early nineties when the facility was no longer able to treat biologically due to lake water infiltration, and the WWTP had to be converted to a physical/chemical process. The Town is now under an SOC for the first phase of the project. This first phase will include partial installation of the new collection system and minor upgrades to the WWTP and will not significantly improve effluent values. 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 There have been six civil penalties assessed in the previous 12 months 8) The cost to the State of the enforcement procedures. $120.86 ___________________ __________________________________________ Date Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ DocuSign Envelope ID: EF309C5B-1F3F-45C1-A1B3-66E76B2234B9 1/6/2023 DocuSign Envelope ID: EF309C5B-1F3F-45C1-A1B3-66E76B2234B9 Certified Mail # 7022 0410 0002 1249 6886 Return Receipt Requested January 6, 2023 Hank Perkins, Town Manager Town of Lake Lure PO Box 255 Lake Lure, NC 28746-0255 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6), NPDES WW Permit No. NC0025381, and SOC WQ S20-004 Town of Lake Lure Lake Lure WWTP Case No. LV-2023-0001 Rutherford County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,370.86 ($2,250.00 civil penalty + $120.86 enforcement costs) against the Town of Lake Lure. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by the Town of Lake Lure for the month of October 2022. 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. NC0025381. The violations, which occurred in October 2022, are summarized in Attachment A to this letter. The Town of Lake Lure is currently under a Special Order by Consent (SOC). Per SOC WQ S20-004, Section 2(a), “…any additional fines incurred due to exceedance of unmodified limits during the life of the SOC are to be held in abeyance until the successful completion of the SOC.” Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the terms, conditions or requirements of NPDES WW Permit No. NC0025381, G.S. 143-215.1(a)(6), and SOC WQ S20-004 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). DocuSign Envelope ID: EF309C5B-1F3F-45C1-A1B3-66E76B2234B9 Based upon the above findings 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 Resources, I, Daniel Boss, Assistant Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against the Town of Lake Lure: $2,250.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0025381, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration $2,250.00 TOTAL CIVIL PENALTY $120.86 Enforcement Costs $2,370.86 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. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Pursuant to Section 2.(a.) of the SOC, payment of the penalty is held in abeyance until the SOC is completed or expires. Upon completion or expiration of the SOC, the Division may require full, partial or no payment remittance for penalties held in abeyance. If you have any questions, please contact Lauren Armeni with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email at lauren.armeni@ncdenr.gov. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Attachment A Ec: Laserfiche DocuSign Envelope ID: EF309C5B-1F3F-45C1-A1B3-66E76B2234B9 ATTACHMENT A Town of Lake Lure CASE NUMBER: LV-2023-0001 PERMIT: NC0025381 REGION: Asheville FACILITY: Lake Lure WWTP COUNTY: Rutherford ___________________________________________________________________________________________________________________________________________________________________________________ LIMIT VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________ SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________ 10/31/2022 10-2022 Nitrogen, Ammonia 3 X week mg/l 5.20 12.07 132.1 Monthly $2,250.00 Total (as N) - Average Concentration Exceeded ___________________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: EF309C5B-1F3F-45C1-A1B3-66E76B2234B9