NC0026000_LV20150028_20150220

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bENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7013 1090 0000 6092 9184
Return Receipt Requested
February 20,2015
Al J Leonard,Jr
Town of Tabor City
Po 655 RECEIVEDlDENR/DWR
Tabor City,NC 28463 MAR 0 2015
SUBJECT: Notice of Violation and Assessment of Civil Penalty Water Quality
Permitting Section
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0026000
Town of Tabor City
Tabor City WWTP
Case No.LV-2015-0028
Columbus County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,183.50($1,000.00 civil
penalty+$183.50 enforcement costs)against Town of Tabor City.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report•
(DMR) submitted by Town of Tabor City for the month of October 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. NC0026000.
The violations,which occurred in October 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Tabor City violated the terms, conditions or
requirements of NPDES Permit No. NC0026000 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 Tabor City:
127 Cardinal Drive Extension.Wilmington.North Carolina 28405
Phone:[phone] \Internet:www.ncdenr.gov<http://www.ncdenr.gov>
An Equal Opportunity Afimtative Action Employer-Made in part by recycled paper

$1,000.00 2 of the 3 violations of 143-215.1(ax6) and NPDES Permit No.NC0026000, by discharging
waste water into the waters df the State in violation of the Permit Weekly Average for
MERCURY-Conc.
$1.000.00 TOTAL CIVIL PENALTY
$183.50 Enforcement Costs
$1.183.50 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

•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 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. Sam M.Hayes,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

r
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,
c„,_„1„...
for S.Jay Zimmerman,P.G.
Acting 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-2015-0028 County: Columbus
Assessed Party: Town of Tabor City
Permit No.: NC0026000 Amount Assessed: $1,183.50
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 Tabor City )
Tabor City WWTP )
)
PERMIT NO.NC0026000 ) CASE NO. LV-2015-0028
Having been assessed civil penalties totaling $1.183.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 20, 2015, 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

w
ATTACHMENT A
Town of Tabor City
CASE NUMBER: LV-2015-0028
PERMIT: NC0026000 FACILITY: Tabor City 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
$500.00 10-2014 001 Effluent MERCURY-Conc 10/11/14 Weekly ng/l 12 21.60 80.0 Weekly Average Exceeded
$500.00 10-2014 001 Effluent MERCURY-Conc 10/18/14 Weekly ng/ 12 250 1,983.3 Weekly Average Exceeded
$0.00 10-2014 001 Effluent MERCURY-Conc 10/25/14 Weekly ng/l 12 13.40 11.8 Weekly Average Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Tabor City
Facility Name: Tabor City WWTP
Permit Number: NC0026000
County: Columbus
Case Number: LV-2015-0028
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;
2) The duration and gravi oft a violation; CA 3 teyjk,
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) Theamount 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
1L fl �v�Y
8) The cost to the State of the enforcement procedures. �
$183.50 A
Date James .Gregson,Re o a pervisor
Vater Quality Region I Operations Section
Wilmington Regional Office

•
4t_01,_.
FEB 05 2015
• of ,N,9
TaGOWnrcl BY4IY77& ljNORTH CAROLINA
Home Of The North Carolina Yam Festival
ROYCE HARPER
DIANE B.WARD TOWN OF TABOR CITY MAYOR
CLERK-TREAS. P.O.DRAWER 655
TABOR CITY,NC 28463 MIONA FONVIELLE
KEVIN BULLARD MAYOR PRO TEM
TOWN ATTORNEY O:910.653.3458
F:910.653.3970 NELSON LEE
A.J.LEONARD,JR. SAM ROGERS
TOWN MANAGER LAMONT GRATE
February 2, 2015
Mr. James Gregson, Regional Supervisor
Division of Water Resources, NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Mr. Gregson:
On January 16, you sent to the Town of Tabor City a
NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY for
Mercury parameter levels reported during the month of
October, 2014 . Your letter asked the Town to respond to
you. Please consider this letter as that response.
The Tabor City WWTP did exceed weekly averages for low
level Mercury on October 8, 15 and 20, 2014 . Investigation
of possible causes were preparation and removal of the
ultra-violet disinfection system. It is believed that
construction activity associated with removal of this system
may have resulted in damage to bulbs containing mercury.
Your office had directed the Town to remove the UV lighting
system, and we worked in earnest to do so.
There were multiple visits by contractors biding for
removal of this system during this month. This disturbance
of the bulbs could be a possible cause of the LL Hg permit
exceedances . The UV system removal project was completed on
October 31, 2014 . The Town conducted additional sampling of
influent, Atlantic Publishing Corporation' s manhole, and the
local dentist ' s office manhole. These results did not
indicate any abnormal levels for LL Hg.
The additional sampling leads us to believe that the
high Mercury levels were a result of getting the UV lighting
system out of the contact chamber. With that system gone,
we trust that the LL Hg will cease to be an issue.
Thank you for your interest in our situation. We would
be happy to discuss this issue with your office if that is
needed.
Respectfully,
Al J. Leonar. , Jr.
Town Manager
"This Institution Is An Equal Opportunity Provider,And Employer"

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
January 16, 2015
CERTIFIED MAIL #7008 1140 0002 9563 0086
RETURN RECEIPT REQUESTED
Al J Leonard,Jr
Town of Tabor City
Po 655
Tabor City, NC 28463
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0010
Permit No. NC0026000
Tabor City WWTP
Columbus County
Dear Leonard,Jr:
A review of Town of Tabor City's Discharge Monitoring Report(s)for the Tabor City WWTP submitted for the month
of October 2014 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
Mercury, Total 10/11/2014 12.000 ng/I 21.600 ng/I Weekly Average Exceeded
Mercury, Total 10/18/2014 12.000 ng/I 250.000 ng/I Weekly Average Exceeded
Mercury, Total 10/25/2014 12.000 ng/I 13.420 ng/I Weekly Average 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
p-epared.
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

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.
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://portal.ncdenr.ore/web/wa/admin/bog/ipu/edm r
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].
S' cerely,
.. C9_ ,.,11.____
Ja 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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PS Form 3800,August 2006 v Sec ReverseforInstructions

.l.RMIT NO.:NC0026000 • PERMIT VERSION:3.0 PERMIT STATUS:Expired
,1'Y NAME:Tabor City W WTP CLAS:W W-3. COUNTY:Columbus
l R NAME:Town of Tabor City ORC:Stephanie Moon ORC CERT NUMBER:11699
•
ADE:WW-4 ORC HAS CHANGED:Yes
•MR PERIOD:10-2014(October 2014) VERSION:2_0 7STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
C0600 C0665 NCM TGP3B 01092 COME
Annually F Monthly MonthlyAnnuallyQuarterly until failure Monthly wee4ly Monthly
uComposite
ntil faiComposite Grab Composite Composite Grab
1 / 111O 7C TOTAL N-Cent: TOTAL P-Cone ANN POL SCAN C8R17DPF ZINC MERCURY-Came COPPOR
2400 Bn 2400 Bo YABM mg/ me yes-1 no-0 pal me ngA me
1 1030 24 0930 4.0 B
2 0900 1.8 Y 2.62
3 0945 2.8 Y
4
5
6 1030 24 0945 3.3 Y 16 1.13 0.024 0.004
7 1030 24 0945 4.8 Y
8 1030 24 0945 2.8 Y 21.6
9 0930 3.0 Y ,
10 1015 2.3 Y
11
12
13 1030 24 0930 4.0 Y
14 1030 24 0915 4.3 Y
15 1030 24 0915 3.8 Y 250
16 0930 3.0 Y
17 0945 2.5 Y
10
19
20 1030 24 0945 3.8 Y 1 21.8
21 1030 24 0945 3.3 Y
22 - 1030 24 0945 2.8 Y
23 1000 2.5 Y
24 1130 1.3 Y504
25
26 •
27 1030 24 0930 3.0 Y -
20 1030 24 1500 1.5 Y
29 1030 0945 3.0 Y 2.64
30 0945 23 Y .
31 0730 3.0 Y 1.29
Monthly Average Unite
Mes*Iy Averages 16 1.13 1 0.024 43.57 0.004.
Daily Madonna: 16 1.13 1 0.024 250 0.004
Daily Mlotean: 16 1.13 1 0.024 1.29 0.004 •
Monthly Avg%Raaseval(05%):

RMJT NO.:NC0026000 PERMIT VERSION:3.0PERMff STATUS:Expired
y NAME:Tabor City WWTP CLASS:WW-3. COUNTY:Columbus
;,R NAME:Town of Tabor City ORC:Stephanie Moo1e 4 ORC CERT NUMBER:11699
ADE:WW-4. ORC HAS CHANGED:Yes
, ,v R PERIOD:10-2014(October 2014) VERSION:2.0 STATUS:Processed
:OMPLIANCE:Non-Compli CONTACT PHONE#:[phone] SUBMISSION DATE:12/10/2014
______(;:r.------.\-- _—.--•
12/10/2014
ORC/Certifier Signature: Stephanie Moore E-Mail:stephaniem19504gmail.com Phone #:[phone] Date
By this signature,I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by part II.E.6 of
the NPDES permit
COMMENTS:This facility exceeded weekly average for low level mercury on October 8,15&20,2014. Investigation of possible cause(s)were preparation of removal of the
ultra violet disinfection system. It is believed that construction activity associated with removal of this system resulted in damage to bulbs containing mercury.There were
multiple visits by contractors biding for removal of this system during this month. This disturbance of the bulbs was a possible cause of the LLHg permit exceedances.The UV
system was removed on 10/31/14. There was additional sampling of Influent,Atlantic Printing Sewer Manhole &the Dentist office manhole. These results did not indicate any
abnormal level for LLHg. A spread sheet has been prepared with results of all LLHg testing for October through 11/13/14. Subsequent effluent sampling since 10/20/14 has not
indicated a continual level of LLHg in excess of the permit limits. •
,......74C()_19-N.--°°"..""'"......*°.- _
12/10/2014
Permittee/Submitter Signature:*** Stephanie Moore E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address:244 US Hwy 701 Bypass N Tabor City NC 28463 Permit Expiration Date:08/31/2014
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 managed 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.
CER 1U ibD LABORATORIES
LAB NAME:Meritech,Inc II,Meritech,Inc
CERTIFIED LAB#:602,165
PERSON(s)COLLECTING SAMPLES:Plant Operating Personnell •
PARAMETER CODES
Parameter Codes assistance may be obtained by calling the NPDES Unit(919)807-6300 or by visiting the Surface Water Protection Section's web site at
http://portal.ncdenr.org/web/wq/swp and linking to the unit's information pages.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
*No Flow/Discharge From Site:Check this box if no discharge occurs and,as a result,there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.