NC0023230_LV20150069_20150519

A.,.
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7013 1090 0000 6092 9344
Return Receipt Requested
May 19,2015
Billy Joe Farmer RECEIVED/DENR/DWR
Onslow Water and Sewer Authority
PO Box 1415 MAY 2 2 2015
Jacksonville,NC 28540-1415
Water Quality
Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S..) 143-215.1(a)(6)
and NPDES Permit No.NC0023230
Onslow Water and Sewer Authority
Richlands WWTP
Case No.LV-2015-0069
Onslow 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 Onslow Water and Sewer Authority.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Onslow Water and Sewer Authority for the month of February 2015. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No.
NC0023230. The violations,which occurred in February 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Onslow Water and Sewer Authority violated the terms,
conditions or requirements of NPDES Permit No. NC0023230 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 Onslow Water and Sewer Authority:
127 Cardinal Drive Extension.Wilminaton.North Carolina 28405
Phone:[phone] \Internet:www.ncdenr.gov<http://www.ncdenr.eov>
An Equal Opportunity Affirmative Action Employer-Made in part by recycled paper

$750.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0023230, by discharging
waste water into the waters of the State inviblation of the Permit Monthly Average for FLOW.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0023230, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for BOD -
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 eectent 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

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,
4_ Lin-
fo4•y Zimmerman,P.G.
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-2015-0069 County: Onslow
Assessed Party: Onslow Water and Sewer Authority
Permit No.: NC0023230 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 ONSLOW
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Onslow Water and Sewer Authority )
Richlands WWTP )
)
PERMIT NO.NC0023230 ) CASE NO. LV-2015-0069
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 May 15, 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

ATTACHMENT A
Onslow Water and Sewer Authority
CASE NUMBER: LV-2015-0069
PERMIT: NC0023230 FACILITY: Richlands WWTP COUNTY: Onslow REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 2-2015 001 Effluent BOD-Conc 2/7/15 Weekly mgll 15 20.40 36.0 Weekly Average Exceeded
$750.00 2-2015 001 Effluent FLOW 2/28/15 Continuous mgd 0.25 0.30 11.1 Monthly Average Exceeded
. J

4117A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory - Donald R.van der Vaart
Governor Secretary
April 15, 2015
CERTIFIED MAIL #7013 1090 0000 6092 9320
RETURN RECEIPT REQUESTED
Billy Joe Farmer
Onslow Water and Sewer Authority
PO Box 1415
Jacksonville, NC 28540-1415
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0246
Permit No. NC0023230 LAJ— �`- 6,‘
Richlands WWTP
Onslow County
Dear Mr Farmer:
A review of Onslow Water and Sewer Authority's Discharge Monitoring Report(s)for the Richlands WWTP submitted
for the month of February 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day 2/7/2015 15.000 mg/I 20.400 mg/I Weekly Average Exceeded
Flow 2/28/2015 0.250 mgd 0.278 mgd Monthly 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 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.
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

y
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.org/web/wq/admin/bog/ipu/edmr
•
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].
Sincerely,
_ \--\-, Cst—ed p,...
lib
J. Gregson, Regional Supervisor
g P
Water Quality Regional,Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc: DWQJWilmington Regional Office-Green File
Central Files,Water Quality Section
•
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Member Governments Utilities and Planning
Holly 1(idge Timcnhr Webb
Jacksonville Superintendent
North Topsail Beach ONW AS iwehh cCilr nwaca.cont
Onslow('nutty
Richlands 910.937.7509 Tel
Swanshom Onslow Water&Sewer Authority 910.347.0793 Fax
April 22,2015
Mister James H.Gregson
Supervisor
Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
Dear Mr.Gregson
Subject:Notice of Violation&Intent to Assess Civil Penalty
Tracking#NOV-2015-LV-0246
ONWASA is in receipt of the NOV letter and intent to assess civil penalty against Onslow Water and Sewer
Authority dated April 15,2015.
ONWASA continues to work with the regional office in the case of the Richlands WWTP.We have asked for
assistance on several occasions and the regional office has always been very amenable to our requests.ONWASA
has made every effort to keep this plant in compliance as the new Northwest Water Reclamation Facility is being
constructed.The new facility that will replace the existing Richlands'plant is slated to go on-line in in only a matter
of weeks,at which time the NPDES discharge permit for the Richlands'will be requested to be rescinded.
With respect to the permit conditions for BOD,the plant influent BOD was 216 mg/1 for that week.With the
effluent being 20.4 mg/1 this results in a 91%removal rate.This is well within the 85%removal rate required by
permit condition footnotes.ONWASA continues to look for I&I within the collection system using smoke testing
and camera equipment.
ONWASA continues doing everything possible to operate the Richlands'facility in the best manner possible and
also to bring the new Northwest facility online as soon as possible. ONWASA respectfully offers that receiving
fines at this point would not be conducive to bring more diligence in existing plant operations,nor to bringing the
new plant online sooner.
We therefore respectfully ask for your consideration with respect to fines and penalties at the Richlands'plant until
it is taken off line at the end of this year. If I can provide further information please contact me at your convenience
at(910)937-7509 or [e-mail]
Respectfully, RECElVED/NCDENR/DWR
APR 2 4 2015
Tim Webb
Utilities and Planning Superintendent Water Quality Regional
Section
ons
cc:Billy Fanner;Executive Director ONWASA Wilmington) Regional Office
228 Georgetown Road•P.O.Box 1415•Jacksonville,NC 28540•Tel [phone]•Fax [phone]•www.onwasa.com