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HomeMy WebLinkAboutNC0020061_LV-2023-0036_20230213DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Spring Hope Facility Name: Spring Hope WWTP Permit Number: NC0020061 County: Nash Case Number: LV-2023-0036 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; Discharging effluent exceeding permit limits for fecal coliform, and not meeting minimum pH standards causes water quality standards violations. 2) The duration and gravity of the violation; Daily minimum pH value was not met on 09.01.2022. Weekly permit limit violation for fecal conform was exceeded on 09.03.2022 by 505% of permit limit and by 505% of permit limit on 09.10.2022. 3) The effect on ground or surface water quantity or quality or on air quality; Discharging effluent exceeding permit limits for fecal coliform, and not meeting minimum pH standards causes water quality standards violations. 4) The cost of rectifying the damage; The cost of rectifying the damage is not given. 5) The amount of money saved by noncompliance; It is believed that no money was saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; It does not appear that the violations were 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; There have been two enforcements within the past 12 months. 8) The cost to the State of the enforcement procedures. $95.72 Ix zz-x D e- ffi ROY COOPER Governor ELIZABETH S. BISER secretory RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 6020 Return Receipt Requested Andrew Deionno, Town Manager Town of Spring Hope PO Box 87 Spring Hope, NC 27882 NORTH CAROLINA Environmental Quality February 13, 2023 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO020061 Town of Spring Hope Spring Hope WWTP Case No. LV-2023-0036 Nash County Dear Mr. Deionno: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,345.72 ($1,250.00 civil penalty + $95.72 enforcement costs) against Town of Spring Hope. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Spring Hope for the month of September 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. NC0020061. The violations, which occurred in September 2022, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Spring Hope violated the terms, conditions or requirements of NPDES WW Permit No. NCO020061 and G.S. 143-215.l(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). North Gr9W Defice 13t of bar"rtn rive i It I DlvitbWorths r llm2 Resources RakghReglooa107Nce 13EOObsrrert0rhe i RNeghNarthCaroEria27609 � + 919.791,4200 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, 1, Scott Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Spring Hope: 125.00 1 of 2 violations of G.S. 143-215. 1 (a)(6) and Permit No. NCO020061, by discharging waste water into the waters of the State in violation of the Permit Daily Minimum for pH 0.00 0 of 1 violations of G.S. 143-215. i(a)(6) and Permit No. NC0020061, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for Solids, Total Suspended - Concentration 1 125.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NCO020061, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for Coliform Fecal MF, MFC Broth, 44.5 C 1 250.00 TOTAL CIVIL PENALTY 95.72 Enforcement Costs 1 345.72 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty [ 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 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: Wastewater Branch 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 14313-282. I(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 comDlete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearin& and Stipulation of Facts" form within thirty 30 dad s of recut of this fj—notice. The Division of Water Resources also requests that you complete and submit. the_ enclosed "Justification for Remission Re uq est." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 § 15013-23.2) 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: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2023-0036 County: Nash Assessed Party: Town of Spring Hope Permit No.: NC0020061 Amount Assessed: $1,345.72 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 maybe 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 unavoidahle 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 NASH IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Spring Hope } Spring Hope WWTP } } PERMIT NO. NCO020061 ) CASE NO. LV-2023-0036 Having been assessed civil penalties totaling $1,345.72 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 13, 2023, 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 ADDRESS TELEPHONE SIGNATURE ,20 ATTACHMENT A Town of Spring Hope CASE NUMBER: LV-2023-0036 PERMIT: NCO020061 FACILITY: Spring Hope WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Raleigh COUNTY: Nash Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount 9/3/2022 9-2022 Coliform, Fecal MF, Weekly #/100ml 400 2,420 505.0 Weekly $562.50 MFC Broth, 44.5 C Geometric Mean Exceeded 9/10/2022 9-2022 Coliform, Fecal MF, Weekly #1100ml 400 2,420 505.0 Weekly $562.50 MFC Broth, 44.6 C Geometric Mean Exceeded 9/1/2022 9-2022 pH Weekly su 6 3.9 -35.0 Daily $125.00 Minimum Not Reached 9/8/2022 9-2022 pH Weekly su 6 5.3 -11.7 Daily $0.00 Minimum Not Reached 9/17/2022 9-2022 Solids, Total Weekly mgll 45 49A 9.1 Weekly $0.00 Suspended- Average Concentration Exceeded 0 n E M k3 n n E a k3 V I 0 0 0 O x � C4 tr. V � i O > O C R H p 11 O O V'1 ^ M. a R a O U Li O O W) h O O p O N N N O V] O 0 0 0 0 — O w b 0 o 0 --- ti O V Li V) O C C O O- a d a A WN z 7" N p O C 04 0 L O U cL �$ O O vl Vl O p O O N N v1 O V1 0 0 0 0 0- 0 =° e Q L EA 3 a _ Q v� aozz3�o LT V� a U U M a P D U c 0 z p T m G a O Q O a C, rff A z a 0 t 0 U O O 0 a id 0 D 0 U 00 e+ 69 b9 69 vyi O � U O h O U 0 U 4L � ui r/� cn r/1 p O O O LO 00 0 Qu°. dci N L N 1+ 0 1C p pp O [a. o b— N O Lc. O 0 0- byq ate+ N R o o a w a p p `o o � U r+ + L o p 00 0. o rn v, oo A. + x N vUi ,n C96 Y r Z O O jIIII �N; �"i {{IIf led I I V, �II IIIIII� f \ \ k/ $ 0 0 = o � 2 2 2ƒ Jƒ 7ƒ � ) ƒ ƒ /3 k CL lot §/} \\/\ §/} k^ r 3 \ § & ƒ § ? r & ? k L J d m s / a e d - J d m d v o! v o A v c A � 7 & � § � t & \ & ■ J ƒ } f E 2 ■ ƒ k \ S � c o 0 • � _ _ � \ / \ \ cv / a § / � � j Q } k 96 ƒ 2 LiA. 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Director Certified Mail # 7020 3160 0000 4115 5337 Return Receipt ltnam9e Andrew Deionno, Town Manager Town of Spring Hope PO Box 87 Spring Hope, NC 27882 NORTH CAROLINA Environmental Quality November 21, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0862 Permit No. NCO020061 Spring Hope WWTP Nash County Dear Mr. Deionno: A review of the September 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 9/1/2022 6 3.9 Daily Minimum Not Reache 12.5" :3150 fa 001 Effluent Coliform, Fecal MF, MFC Broth, 9/3/2022 400 2,420 Weekly Geometric Mean Exceeded 44.5 C (31616) SC>5 %eoev- 4�5Ie2.50 001 Effluent pH (00400) 9/8/2022 6 5. d aaily Minimum Not Reached -O 001 Effluent Coliform, Fecal MF, MFC Broth, 9/10/2022 400 2,420 Weekly Geometric Mean Exceeded 44.5 C (31616) 'V ��� $'�4,2. So 001 Effluent Solids, Total Suspended - 9/17/2022 45 49.1 Weekly Average Exceeded Concentration (CO530) / D — �� "CRegW f OMCI I m 00 Oaf r" Drt a QusBly I DIVWNorth n OfWater Resources fiakgh Wrgbnel Oflke i 3800 Buren Dr1ve RtlelgA North CarvWie 27609 91%791.ROD 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 WW 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 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. 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. If you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: ti,+TA.-- Laserfiche 1'[f.-I u` , North Cwv&in Dep.rtmenl of Envkwvm tal Q,.fny i DMslon of weler Resa "s R~Reglonal01fke 1 3800ButtsDrive I Udgt%NorthCUORM27609 e.i+ 919.7914200 ROY COOPER coam nw E ZABMM S. NSER Awmfwy RICHARD E ROGERSrJL D&MMW Andrew Delonno, Town Manager Town of Spring Hope PO Boot 87 Spring Hope, NC 27882 NORTH LIhfty November 21, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Traddng Number: NOV 2022-LV-0862 Permit No. NCO020061 Spring Hope VWYTP Nash County Dear Mr. Deionno: A review of the September 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violations) indicated below: Sample Location Parameter 001 Effluent pH (CM) 001 Effluent Umit Daft Value 9/1/2022 6 CAHiorm, Fecal MP, MFC Broth, 9/3/2022 400 44.5 C (31616) Reported Vaka Type of Vlolathm 3.9 Daily Minimum Not Reached 2,420 Weekly Geometric Mean Exceeded 001 Effluent pH (00400) 9/8/2022 6 5.3 Daily Minimum Not Reacted 001 Effluent Gollbrm, Fecal MF, MFC Broth, 9/10/2022 400 2,420 Weekly Geometric Mean Exceeded 44.5 C (31616) 001 Effluent Solids, Total Suspended - 9/17/2022 45 49.1 We-e-kii Average Exceeded Concentration (00530) MMhC�o�rO�a�IdBMaw�iy . GMYMedM10�rM�MRN RreRj��0111e� I ]IOOmeeelfO�M� � �IMp�t�orthQ�oir79iM �1�1�t00 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 WW PermIL Pursuant to G.S. 143-215.6A, a civil penally of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or falls to act in acwrdance with the teens, 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 tan (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will than be notified of any dvil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day pedod, a dvif penaity 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 enflorc:ement 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 Omer 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 offf4lne, etc. If you have any questions concerning this matter or to apply for an SOC, please contest Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. 121 Sincerely, Scott Vinson, Regional Supervisor foot Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ "WOCNA" I aMa11ewR VlOI/IJM ,gN7j;`$ 8Aft%b$%W011bt I3W--1i Adit% l"*w*wX%W 4034AM r- m C6100m Ln Ln AOY COOPER �EUZABETH Sr BISFRo cr RICHARD E. ROGERS, JR. NORTH CARof,lr a0rctor o to �0 rq m November 21, ; Andrew Deionno, Town Manager Town of Spring Hope PO Box 87 Spring Hope, NC 27882 w ANDREW OEIONNO,TWN MANAGER TOWN OF SPRING HOPE SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0862 Permit No. NCO020061 Spring Hope WWTP Nash County Dear Mr. Delonno: A review of the September 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violadon(s) indicated below: sample Lomilion Parameter 001 Effluent pH (00400) 001 Effluent Coliform, Fecal MF, M "-- 44.5 C (31616) 001 Effluent pH (00400) 001 Effluent Coliform, Fecal MF, M 44.5 C (31616) 001 Effluent Solids, Total Suspend Concentration (CO531 Limit Reported ' .. Date Value Value Type of Violation 9/1/2022 6 3.9 Daily Minimum Not Reached ■ Complete Items 1, 2. and 3. A. ■ Print your name and address on the reverse X so that we can r@Wm the card to you. ■ Attach this card to the back of the mallpieoe, B. or on the ftw t If apace permNs. 1. ArWe Addressed to: 0- ANDREW OEIONNO, TWN MANAGER TOWN OF SPRING HOPE Pro BOR iT $FRIRG HOPE, NC 27U2 W% OV a INTENT TO ASSESS CIVIL PENALTT/NOV•Z022•LWX62/ NN00020061/SPRING HOPE WW TP/NASH 70203160000061155357 M:11/23/2022 C. Da* of Is r6Rem from bm if tree, addras below. IIlII�IIIINIIIIIIIIIII1IIIIIIIIl.Ifl11111111 CFRIII dP s a o6w.nr o �ea r r�.wo 9590 9402 3415 7227 6655 83 C Oirtp W MIR R a Rdran RAN" for 0 ColMon ooWy 2. Artldle Number frn rrsW them aend-A Wkso n $--A— D*M RNMMd ply core"100n ° �7020 3160 01Q0 4115 5337u dCW" PMrW3M Ps Form 3811, July 2015 PSN lao-02-000.9053 - Dome" PA d m Race TOWN OF SPRING HOPE, NC, &CAN 1 12 December 2022 �* --• NC Dept of EnvirOninentaI Quality Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 3800 Barrett Dr. Raleigh, NC 27609 DEC 19 2922 Raleigh Regional Office Notice of Violation Tracking No. NOVs 2022-I.M-0080; 2022-LV-#0861.; and 2022-I,V-0862: Collection System Permit No. NC0020061, Spring Hope WWTP, Nash County Mr. Vinson and Ms. Manuel: The 'Town of Spring Hope appreciates the opportunity to respond to NOVs..2022• LM-0080, 2022-I.V-00861, and 2022- LV-00862, all dated 21 November 2022, and we trust that the information provided herein will result in no further punitive action by the Division. For the previous 10 years and up until 4. July 2022, the Town of Spring Hope relied on the third part contract operator Envirolink to operate the collection system and Spring Hope WWTP. It was clear that the 1own's collection and treatment operations had suffered as a result. Propel- maintenance and repairs of the system and the plant were clearly ignored. I cannot emphasize enough the extent of the neglect that had taken place under Envirolink. Effective 5 July 2022 the `]'own of Spring Hope returned to in-house wastewater collection and treatment operations. The WWTP was turned over to a transitional operator, Mr. Danny Gray of G-2 Utilities. Mr_ Gray served in this capacity from 5 July 2022 until 1 September 2022 whereupon Mr. Andy Matthews of Matthews Environmental took over as the Town's contract WWTP operator. The Town also works closely and seeks technical assistance from North Carolina Run'ai Water Association. Upon taking over the facility on 05 July 2022, Mr. Bobby Ball, Spring Hope Public Works Director, discovered the chlorine injection pump not working at the WWTP. On 08 July 2022 Mr. Ball ordered a chlorine injection pump. In the interim, he substituted the existing pump from the Ash St well (Ash St well was off line and awaiting well service). The new pump arrived at the Town two weeks later and was installed at the Ash St well on the week of 25 July 2022. Mr. Gray identified the substituted chlorine pump as not working oil 02 August 252-478-5186 www.springhope.net 2022. A new pump was ordered that week for the WWTP, but was not received until 12 September 2022, and was installed that week. The Town of Spring Hope is dedicated to operating the collection system and WWTP facility as completely compliant. While violations are rare, they sometimes occur. The circumstances in the current case have extenuating circumstances. 'Therefore, we respectfully request that the Division consider these mitigating factors and take no further punitive action. If we can be of any further assistance or additional information is needed. please this office at 252-478-5186. Sincerely, Andrew DeIonno, Town Manager CC: Bobby Ball, Director of Public Works Andy Matthews, Matthews Environmental NPDES PERMIT NO.: NCO020061 PERMIT STATUS: Active FACILITY NAME: wing Hope WWTP OWNEft NAME: Town of Spring Hope GRADE: WW-3 eDMR PERIOD: 09-2022 (September 2022) PERMIT VERSION: 5.0 CLASS: WW-2 ORC: Andy Lee Mathews ORC HAS CHANGED: Yes VERSION: 1.0 COUNTY: Nash ORC CERT NUMBER: 1010069 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO "" No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENVWTHR - No Visitation - Adverse Weather, NOFLOW - No Flow; HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR_NC0020061_Ver_1.0_9 2022.pdf) NPDES PERMIT NO.: NCO020061 FACILITY NAME: Spring Hope WWTP OWNER NAME: Town of Spring hope GRADE: WW-3 cDMR PERIOD: 09-2022 (September 2022) PERMIT VERSION: 5.0 CLASS: WW-2 ORC: Andy Lee Mathews ORC HAS CHANGED: Yes VERSION: 1.0 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 1010069 Z STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) **** No Reporting Reason ENFRUSE —No Flow-Reuse/Recycle, ENVWTHR —No Visitation Adverse Weather; NOFLOW No Flow; HOLIDAY —No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR NC0020061 Ver_1.0_9 2022.pdf) NPDE$ PERMIT NO.: NCO020061 PERMIT STATUS: Active FACILITY NAME: Spring Hope WWTP OWNER NAME: Town of Spring Hope GRADE: W W-3 eDMR PERIOD: 09-2022 (September 2022) PERMIT VERSION: 5.0 CLASS: W W-2 ORC: Andy Lee Mathews ORC HAS CHANGED: Yes VERSION: 1.0 COUNTY: Nash ORC CERT NUMBER: 1010069 STATUS: Submitted SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001 4 tS p $ scow CO310 WSW CmEnuous Wcvkly Weekly Recorder Cmposite compmle FLOW BOD - Com 7SS • Cw 2400 Dn m d mgA m I 113n 261 0.051 :74 140 2 0.042 3 0.046 4 0.046 S j 0.046 fi 0.046 I 0,077 8 11145 24.5 0.074 131 47 v 9 0.052 10 0.061 11 0.061 12 0.061 13 0.065 14 0.043 is 1145 24 0.039 237 I i ]fi 004 17 0.046 10 0.046 19 0.046 20 0.064 21 0.045 22 1100 22 0.047 266 85 3 23 0.054 24 0.054 75 0,054 24 0.054 27 0.045 28 0.036 2s 1115 22 0.033 251 ! 0 30 0.089 Memhly Average r2mlt MOmeyAmw 0,052067 2118 9724 Davy Maaimpm: 0.088 266 140 Daay MbOmem: 0.033 131 429 s44• No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENVW17HR - No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR_NC0020061_Ver_I.0 9T2022.pdf) NPDES PERMIT NO.: NCO020061 PERMIT VERSION 5.0 PERMIT STATUS: Active FACILITY NAME: Spring Hope WWTP OWNER NAME: Town of Spring Hope GRADE: WW-3 eDMR PERIOD: 09-2022 (September 2022) COMPLIANCE STATUS: Non -Compliant CLASS: WW-2 ORC: Andy Lee Mathews ORC HAS CHANGED: Yes VERSION: 1.0 CONTACT PHONE #: 9199390232 COUNTY: Nash ORC CERT NUMBER: 1010069 STATUS: Submitted SUBMISSION DATE: 11/10/2022 Electronically Certified by Andy L Mathews on 2022-11-10 03,14:06,815 0RC/Certifier Signature:Andy L Mathews Phone # : 9 1 9 - 9 3 9 - 0 2 3 2 0 Date 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. The written submission shall be made as required by part II.E.6 of the NPDES permit. Electronically Signed by Andy L Mathews on 2022-11-10 03:14:37,012 Perm ittee/Submitter Signature: ***Andy L Mathews Phone #:919-939-02320 Date Permittee Address: NC Hwy 581 S Spring Hope NC 27882 Permit Expiration Date: 10 31/2024 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. LAB NAME: Environmental Chemists, Inc. CERTIFIED LAB #: 94 PERSON(s) COLLECTING SAMPLES: Andy Mathews CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by visiting https:r' deq.nc.gov about/divisions/water-resources/edmr'user-documentation. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: YES indicates that No Flow/Discharge occurred and, as a result, no data is reported for any parameter on the DMR for the entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be an file with the state per 15A NCAC 2B .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NC0020061 Ver_1.0_9_2022.pdf) NPDES+PERMIT NO.: NCO020061 PERMIT STATUS: Active FACILITY NAME: SPrinj Hope W WTP OWNER NAME: Town of Spring Hope GRADE: W W-3 eDMR PERIOD: 09-2022 (September 2022) Report Comments: PERMIT VERSION: 5.0 CLASS: W W-2 ORC: Andy Lee Mathews ORC HAS CHANGED: Yes VERSION: 1.0 COUNTY: Nash ORC CERT NUMBER: 1010069 STATUS: Submitted We were non -compliant in several parameters this month. 1 started as ORC as of 9/i/2022 and immediately began addressing issues of deficiency. All of the town officials have been exceptionally responsive with addressing and repairing areas of concern. We are expecting better sampling results due to repairs and changes in pEqress. V to in O rn O o 40 0 {0 0 f0 0 f0 o t- n n Q r- o n n n n o O o Q in to O O O O O cn to l!1 n n n co r R E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x a a z z z z z z z z z z z z z z z z O O O Q O O O O O Q O O O O O G O O O O O O O O O O O d O O O O C 69 G V) G WD. 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This permit shall become effective August 1, 2020 This permit and authorization to discharge shall expire at midnight on October 31, 2024. Signed this day ]uly 10, 2020 DocuSigned by: $328B44CE9EMA1... S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page I of 9 DocuSign Envelope ID: 6A18ADE3-76EF-47D6-BA9F-B1C10E7AE458 Permit NCO020061 Grade I Biological Water Pollution Control System [I SA NCAC 08G .0302] PART I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and tasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Average Weekly Measurement Sample Sample Parameter Codes Average Frequency Type Location Flow 50050 0.40 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C)2 C0310 30.0 mglL 45.0 mglL Weekly Composite Influent & Effluent Total Suspended Solids2 30.0 mglL 45.0 mglL Weekly Composite Influent & Effluent C0530 NHs as N C0610 2/Month Composite Effluent Fecal Coliform (geometric mean) 2001100 ml 4001100 ml Weekly Grab Effluent 31616 Total Residual Chlorine' Daily Maximum 28 µgli. 2/Week Grab Effluent 50060 Temperature (°C) Daily Grab Effluent 00010 Total Nitrogen (NOrN+NOrN+TKN) Monitor & Report Weekly Composite Effluent C0600 TN Load 4 Monitor & Report (lblmo) Monthly Calculated QY600 5,7051 bslyear AnnuallyCalculated Effluent QM600 effective 1/1/2016 5 Nitrate/Nitrite Nitrogen (NO2-N+NOrN) Weekly Composite Effluent C0630 Total Kjeldahl Nitrogen (TKN) Weekly Composite Effluent C0625 Total Phosphorus Weekly Composite Effluent C0665 TP Load 4 Monitor & Report (lblmo) Monthly Calculated QY665 1,0311bslyear Annually Calculated Effluent QM665 effective 1/1/12016 5 Total Mercurye Monitor & Report within last 12 1/Cycle Grab Effluent COMER months of permit cycle pH Not less than 6.0 S. U. nor Weekly Grab Effluent 00400 greater than 9.0 S. U. Page 3 of 9