WQ0002284_Correspondence_19900723

DIVISION OF ENVIRONMENTAL MANAGEMENT
July -3, 1990
MEMORANDUM
TO: Leigh Stallings
office of General Counsel
THROUGH: Roger Thorpe/,�Wate� Quality Supervisor
Water Quality Section
FROM: Dick Denton, Environmental Techn. 0
Washington Regional office
SUBJECT: Draft Assessment document
Outer Banks Beach Club Association, Inc.
Dare County
A review of the draft assessment document has been
completed. The document was found to be accurate with the
exception of the facility's permit being referred to as aia
NPDES permit. The facilitys permit is not a NPDES permit.
It is a N.C. non -discharge permit. All references to a
NPDES permit should be deleted and changed to N.C.
Permit....
If you have any further questions regarding this matter
you may contact me at 919-946-6481.

40.
d.�swFq WASH ►�Nc o�F-F►
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State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor John C. Hunter
William W. Cobey, Jr., Secretary General Counsel
July 6, 1990 Once of General Counsel
Edwin L. Gavin B Robin N. Michael
David G. Heeter Elizabeth E. Rouse
James C. Holloway John P. Barkley
Robert R. Gelblum J. Peter Rascoe, lll
M E M O R A N D U M
TO: �m7 urii gan
Regional Supervisor
Steve Tedder
Section Chief
FROM: Leigh Stallings
RE: Draft Assessment Document
Outer Banks Beach Club Association, Inc.
File No. WQ 90-15
Dare County
Please coordinate review of the attached draft
assessment document in the above -referenced matter.
Careful review of the document is requested. In
addition, it would be advisable to review the enforcement
report again. Testimony as to the accuracy of the facts
contained in the assessment document and enforcement report
may be necessary at an administrative hearing. Please
submit any comments within two weeks of your receipt of this
memo.
Should you have any questions, please contact this
office.
LS/dab
attachment
cc: George Everett (w/out attachment)
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

M
STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF:
OUTER BANKS BEACH CLUB
ASSOCIATION, INC.
FOR VIOLATIONS OF:
NPDES PERMIT NO. 6979R3
NORTH CAROLINA GENERAL
143-215.1
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. WQ 90-15
AND )
STATUTE)
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (G.S.)
143-215.6 and North Carolina Environmental Management Commission
(Commission) Rule Title 15A North Carolina Administrative Code
(NCAC) 2J .00031 I, George T. Everett, Director of the Division
of Environmental Management, make the following:
I. FINDINGS OF FACT:
A. Outer Banks Beach Club Association, Inc. (hereinafter
"Beach'Club") is a corporation organized and existing under
the laws of the State of North Carolina. Beach Club
operates a 300,000 GPD wastewater treatment plant (plant) in
Kill Devil Hills, Dare County, NC.
B. Beach Club was issu' DES Permit No. NC 6979R3 on May
20, 1985, with an expiratio y 31, 1990.
C. Permit condition number 23 requires that each of Beach
Club's 10 groundwater monitoring wells be sampled every
March, July and November for the following parameters:
1.
NO3
2.
total
ammonia
3.
total
dissolved solids
4.
total
organic carbon
5.
chloride
6.
total
coliforms
7.
pH
8.
ortho
phosphate
9.
water
levels
D. From November 1988 through October 1989, Beach Club
failed to submit any of the required well monitoring data
which constitutes 270 Condition 23 monitoring violations.

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E. Permit Condition No. 24 requires Beach Club to monitor
the influent and effluent wastewater as follows:
Tests & Measurements
Settleable matter
Residual Chlorine
Flow
pH
BOD, 5-Day, 20 Degree C
Coliform, Fecal
Total Suspended Residue
Ammonia Nitrogen
Measurement
Sampling Points Frequency
Effluent
Daily
Effluent
Daily
Inf., Eff.
Daily
Inf., Eff.
Monthly
Inf., Eff.
Monthly
Effluent
Monthly
Inf., Eff.
Monthly
Enf., Eff.
Monthly
F. An evaluation of the self -monitoring data for the
period November 1988 through October 1989 has revealed the.
following condition 24 monitoring violations:
Parameter
Number of violations
1.
Settleable matter
240
2.
Residual chlorine
53
3.
pH
14
4.
BOD
11-
5.
TSS
12
6.
NH3
17
Total Condition 24
Monitoring Violations 347
G. Permit Condition number 25 requires monthly monitoring
reports to be submitted to the Washington Regional Office
within thirty (30) days following the end of each monthly
reporting period.
H. Beach Club failed to submit self -monitoring data for
the period November 1988 through October 1989 with the
exception of November 1988, January 1989, and June 1989.
Staff received the late data December 15, 1989. As of
February 23, 1990, Beach Club had failed to submit the
monthly monitoring reports for the months November 1989, and
December 1989.
Total condition 25 Late Reports Violations 11
I. Staff mailed Beach Club two (2) Notices, dated November
21, 1989 and February 8, 1990 which informed Beach Club of
its reporting and monitoring permit violations.

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J. Staff costs and expenses associated with detecting the
violations, defining their nature and extent and bringing
the enforcement action totalled $112.80.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. ac ub is a "person" within the meaning of G.S.
1 -215. ur uant to G.S. 143-212(4).
B. PDES P rmit No. 6979R3 is required by G.S. 143-215.1.
C. ing of groundwater monitoring wells, monitoring of
influent and effluent wastewater and submitting monthly
monitoring reports as described -in paragraphs C., E. and G.
above, are terms, conditions or requirements oFand
permit.
D. Beach Club violated G.S. 143-215.1 an Permit
No.6979R3 on two hundred seventy (270) o abetween
November 1988 and October 1989 in the man to the
extent described in paragraphs C. and D. above when it
failed to sample the groundwater monitoring wells in
accordance with permit condition no. 23.
E. Beach Club violated G.S. 143-215.1 4d NP Permit No.
6979R3 on three hundred forty seven (347) occasions between
November 1988 and October 1989 in the manner and to the
extent described in paragraphs E. and F. above when it
failed to monitor influent and efflUNPDE
tewater in
accordance with permit condition no. 24.
F. Beach Club violated G.S. 143-215.1 Permit No.
6979R3on eleven (11) occasions betweer 1988 and
December 1989 in the manner and to theescribed in
paragraphs G. and H. above when it failed to submit to staff
monthly monitoring reports in accordance with permit
condition no. 25.
G. General Statute 143-215.6(a)(1) provides that a civil
penalty of not more than ten thousand dollars per violation
may be `assessed against a person who violates or fails to
act in accordance with the terms, conditions, or
requirements of a permit required by G.S. 143-215.1.
H. General Statute 143-215.3(a)(9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted
by the Environmental Management Commission or violates any
terms or conditions of any permit issued pursuant_ to G.S.
143-215.1, or special order or other document issued
pursuant to G.S. 143-215.2.

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I. The Director, Division of Environmental Management,
pursuant to Rule 15A NCAC 2J .0003, has the authority to
assess civil penalties.
Based upon the above Findings of Fact and Conclusions of
Law, I.make the following:
III. DECISION•
Pursuant to G.S. 143-215.6 and 15A NCAC 2J .00061, in
determining the amount of the penalty, I have taken into account
the Findings of Fact and Conclusions of Law and considered the
degree and extent of harm caused by the violation, and the cost
of rectifying the damage.
-Accordingly, Outer Banks Beach Club Association, Inc. shall
be, and hereby is, assessed a civil penalty of: -
$
for each of two hundred seventy (270)
violations of G.S. 143-215.1 and NPDES
Permit No. 6979R3 between November 1988
and October 1989 by failing to sample
groundwater monitoring wells in
accordance with permit condition no 23.
$
for each of three hundred forty seven
(347) violations of G.S. 143-215.1 and
NPDES Permit No. 6979R3 between November
1988 and October 1989 by failing to
properly monitor influent and effluent
wastewater in accordance with permit
condition no. 24.
$
for each of eleven (11) violations of
G.S. 143-215.1 and NPDES Permit No.
69.79R3 between November 1988 and October
1989 by failing to properly submit
monthly monitor reports in accordance
with permit condition no. 25.
$
TOTAL CIVIL PENALTY, which is
percent of the maximum penalty
authorized by G.S. 143-215.6.
$ 112 80
Investigation costs
$
TOTAL AMOUNT DUE

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IV. TRANSMITTAL•
The Office of General Counsel is directed to transmit these
Findings of Fact, Conclusions of Law and Decision to Outer Banks
Beach Club Association, Inc. in accordance with Rule 15A NCAC 2J
.0007.
(Date) George T. Everett, Director
Division of Environmental Management
D-135