WQCS00187_DV-2016-0048_20160523

RECEIVED
DEQIDWR
MAY 2 5 2016
Water Resources W QROS
ENVIRONMENTAL QUALITY FAYETTEVILLE REGIONAL OFFICE
May 23, 2016
Mr. J. R. Steigerwald, Town Manager
Town of St Pauls
PO Box 364
Saint Pauls, NC 28384-0364
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
St Pauls Collection System
Robeson County
Permit No. WQCS00187
DV-2016-0048
Dear Mr. Steigerwald,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelag
S. JAY ZIMMERMAN
lQS*un.Q
io 2�3ZZ
Director
This letter is to acknowledge receipt of check No. 025286 in the amount of $380.03 received
from you dated 5/12/2016. This payment satisfies in full the 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 statute's, regulations, or permits.
If you have any questions, please call Steve Lewis at 919-807-6308.
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Enforcement File # DV-2016-0048
Bg1i lalllenson, Fayetteville Regional Office Supervisor
Iughie ' ! e, FRO
Central Files
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 707 9000

tNVtAbN'MS'4'Ird.4. .91dtLF'i."1Y
Certified Mail # 7012 3050 00019398 8468
Return Receipt Requested
March 18, 2016
J R Steigerwald, Manager
Town of St. Pauls
PO Box 364
St. Pauls, NC 28384-0364
I'AT.MC.CR CRY
�aramr
DONALD RVAN DER ," VA? RT
S mra j:
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00187
Town of St Pauls
St Pauls Collection System
Case No. DV-2016-0048
Robeson County
Dear Permittee:
S. JAY ZL MERNMAN
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $380.03 ($250.00 civil penalty+
$130.03 enforcement costs) against Town of St Pauls.
This assessment is based upon the following facts: a review has been conducted of the Sanitary -Sewer Overflow (SSO)
5-Day Report submitted by Town of St Pauls. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00187 and G.S. 143-215.1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of St Pauls violated the terms, conditions or
requirements of Collection System Permit No. WQCS00187 and G.S. 143-215.l(a)(1) 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 maybe 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 Environmental Quality and the Director of the Division of Water Resources, I, Belinda S. Henson,
Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against Town of St
Pauls:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300

WaterRespur ces
Cwwtlt kwRnT,4L CW4LIiN
Certified Mail # 7012 3050 00019398 8468
Return Receipt Requested
March 18, 2016
J R Steigerwald, Manager
Town of St. Pauls
PO Box 364
St. Pauls, NC 28384-0364
RAT.MCGRORY
DONALD R. VAN DF_R VAA.RT
3�-,PE*crj,
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and Collection System Permit No. WQCS00187
Town of St Pauls
St Pauls Collection System
Case No. DV-2016-0048
Robeson County
Dear Permittee:
S. JAB ZI-h4M RMAN
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $380.03 ($250.00 civil penalty +
$13 0.03 enforcement costs) against Town of St Pauls.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Town of St Pauls. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00187 and G.S. 143-215.1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of St Pauls violated the terms, conditions or
requirements of Collection System Permit No. WQCS00187 and G.S. 143-215.l(a)(1) 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 maybe 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 Environmental Quality and the Director of the Division of Water Resources, I, Belinda S. Henson,
Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against Town of St
Pauls:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300

$250.00 For 1 of the 3 other violations of Collection System Permit No. WQCS00187.
$250.00 TOTAL CIVIL PENALTY
$130.03 Enforcement Costs
$380.03 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. I (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 Environmental Quality (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:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 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(y 30) days of receipt of this
notice. The Division of Water Resources also requests that you mplete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043

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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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 me at [phone] or by email at [e-mail].
Sincerely,
Mom
Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Fayetteville Regional Office - Enforcement File (HW)
PERCS Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2016-0048
Assessed Party: Town of St Pauls
County: Robeson
Permit No.: WQCS00187 Amount Assessed: $380.03
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 (Le., 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
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of St Pauls
St Pauls Collection System
PERMIT NO. WQCS00187
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2016-0048
Having been assessed civil penalties totaling $3 80.03 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 18, 2016, 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 St Pauls
CASE NUMBER: DV-2016-0048
PERMIT: WQCS00187 FACILITY: St Pauls Collection System COUNTY: Robeson REGION: Fayetteville
Other Violations
MONITORING
VIOLATION
PENALTY
REPORT AREA
DESCRIPTION
DATE
VIOLATION TYPE
0.00
CSO/SSO(Sewer
Discharge without valid permit
12/22/15
Discharge without valid
Overflow)
permit
250.00
CSO/SSO(Sewer
Discharge without valid permit
12/23/15
Discharge without valid
Overflow)
permit
0.00
CSO/SSO(Sewer
Discharge without valid permit
12/30/15
Discharge without valid
Overflow)
permit

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of St Pauls
Facility Name: St Pauls Collection System
Permit Number: WOCS00187
County: Robeson
Case Number: DV-2016-0048
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;
Introduction of wastewater into waters of the State can negatively impact the State's water resources.
2) The duration and gravity of the violation;
Inflow and Infiltration resulted in the loss of 51,300 gallons of wastewater with 46,500 gallons being assessed in this civil
penalty.
3) The effect on ground or surface water quantity or quality or on air quality;
Untreated sewage can contain pathogens and nutrients that can negatively impact waters of the State.
4) The cost of rectifying the damage;
Not Applicable
5) The amount of money saved by noncompliance;
Not Applicable
6) Whether the violation was committed willfully or intentionally;
Unknown
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
This is a repeat location and repeat cause for the spills. Notices of Violation have been issued in the past for spills at
this location.
8) The cost to the State of the enforcement procedures.
$130.03
3-2.1-iL L&L� 14�
Date Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

,�. .
E.i�LttC�fl61�'1£�'�AC 4�I�st.t1"1t` . .
CERTIFIED MAIL: 70.12 3050 0001 9398 8338
RETURN RECEIPT REQUESTED
Februa y_08, 2016
J. R. Steigerwald, Administrator
Town of St. Pauls
PO Box 3.64
St. Pauls,. NC 28384-0364
SUBJECT: NOTICE OF VIOLATIO "& INTENT TO ISSUE CIVIL PENALTY
Trackong No.: NOV-2- 016-DV-0054 i0 V= a-i 16- 004?
Sanitary Sewer Overflows = December 2015
Collection System .Permit No. WQCS00187'
St Pauls, Collection System.
Robeson County '
91
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by.
Town of St. Pauls. The Division's. Fayetteville Regional. Office_ concludes that the Town of St. Paull violated. Permit
Condition I (2) of Permit No.' WQCS00187 by failing to effectively manage, maintain, "and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters.and the SSO constituted
making an outlet to waters of the State for purposes of G.S: 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Fayetteville Regional Office is providing the Town of St. Pauls an opportunity to provide evidence and
justification as to why the Town of St. Pauls should not be'assessed a civil- penalty for the violation(s) that are
summarized below:
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals)
DWR Action
201501880
12/22/2015
45-
Manhole at Elizabeth
Inflow and
1,200
800
Notice of Violation
Street (entrance to
Infiltration, Severe
WWTP)
Natural Condition.
201501939
12/23/2015
929
Elizabeth Street Manhole
Inflow and Infiltration
46,500
46,500
Notice of Violation
at entrance to WWTP
201502099
12/30/2015
180
Elizabeth Street Manhole
Inflow and Infiltration
3,600
2,000
Notice of Violation
at entrance to WWTP
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300

This Notice of Violation /. Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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.
This -office requests that you respond to this Notice, in writing, within 10 business days of its'
receipt. In your response, you should address the causes of non-compliance, remedial actions,, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume -reaching surface .
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other -factors
considered in determining the amount of the civil. penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact me in the Fayetteville Regional Office at-910-433-3326
or via email at [e-mail].
mean
PERCS Unit
Sincerely,
Belinda S. Henson,Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
C_
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite714, Fayetteville, NC28301-5043
910-433-3300

GERARD J. WEINDEL
MAYOR
COMMISSIONERS
ELBERT GIBSON
W. EVANS JACKSON
JERRY M. QUICK
ANNIE LAURA STEPHENS
McCLURE TERRY, Jr.
February 16, 2016
GARRIS NEIL YARBOROUGH
ATTORNEY
+Pau�lrs
ST. PAULS, N.C. 28384
Ms. Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Center
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
J.R. STEIGERWALD
RECEIVED TOWN ADMINISTRATOR
DEQ/DWR
FEB 2 2 2016 KAREN G. DAVIS
TOWN CLERK
R. THOMAS HAGENS
WQROS CHIEF OF POLICE
fILLE REGIONAL OFFICE
DANIEL L. HOLLOMAN
PUBLIC WORKS DIRECTOR
Re: Notice of Violation and Recommendation for Enforcement, NOV-2016-DV-0061
Dear Ms. Henisbn:
The Town has, received the above noted of violation regarding the December 22 and 30 2015 for Total
rR .
Volume gfSpill. Please consider the -following --points as just fi.cafion for not fining the Town of St. Pauls.
1. The Wastewater Plarit locatibri received a measured rainfall of 5 inches of rain in 1.5 hours
2. Tim Lide, Wastewater Plant Operator turned on all the pumps on the site immediately upon
arriving at the site;
3. The pumps suffered $1,500 of damage after being flooded.
4. Tim ordered 2 pumps from Godwyn Pumps and they were in continuous use for seven days;
5. The staff changed out two pumps that had gone down with pumps that we had on hand in case
of an emergency and the bubbler was repaired,'
6. Funds have been authorized to move the motors for the pumps out of the elevation where they
have flooded. As soon as funds permit, we will raise the pumps as well;
7. The clean-up commenced as soon as possible and lime was liberally applied to places where the
spill had covered;
8. The aerators were turned off to reduce the disturbance and all the returns were opened up to
minimize the spill;
9. The spill was'repbrted'to Mark Brantley'as soon as the emergency measures were in place;
- 1b.' The�ainburit of rain'received in a short time overloaded the plant's capacity,' .
,;
The Town did apply, unsuccessfully for CDBG funds on two occasions to try and fix the infiltration
problems. The'applications were not funded. Currently, the Town has received approximately. $820,000
P.O. BOX 364 • ST. PAULS, NORTH CAROLINA 28384 • [phone] • FAX [phone]
www.stpaulsnc.gov

from the Golden Leaf Foundation and $1.0 million from the CDBG-ED program to make significant
repairs to the sewer lines to reduce infiltration. Those funds have just been released so we expect the
project to go out for bid in July of this year and take about 8 months to complete. It is our hope that this
will reduce the infiltration by 50%. As the Town Enterprise program is not producing sufficient revenue
to borrow money from the Rural Development. The Town Board has raised its utility rates for both
water and sewer in the past 2 years and fully intends to do so again this year. The town applied for
assistance from CMT for $45,000 of free concrete work as part of that firm's efforts to give back to the
state. The Mayor has offered to use his company's workforce to assist with some additional work at the
treatment plant. The company's representatives said that our plant looked the worst of the five
finalists. We have done everything possible to work on the system to reduce the infiltration including an
asset management study to identify the problems and to prioritize them. The Town spent $45,000 to
install a SCADA system for all its treatment plants, wells and pump station so that when problems occur,
We move to alleviate them as quickly as possible as we did in this case.
We are asking your agency to rule that this was an act of God situation and provide the Town the
opportunity to implement these grants. We appreciate your consideration of this plea. We will be glad
to answer any questions that you may have.
inc ely,
i
J Steigerwald
Town Administrator