WQ0002284_Correspondence_19900724

�a STATE o-
ct V�ASHI �`IVE'j
Y / GTON OFFICE
State of North Carolina D. I- K
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 24, 1990 Office of General Counsel
Edwin L. Gavin N Robin N. Michael
David G. Heeter Elizabeth E. Rouse
James C. Holloway John P. Barkley
Robert R. Gelblum J. Peter Rascoe, W
MEMORANDUM
TO: Jim Mulligan
Regional Supervisor
FROM: Leigh L. Stallings-7
RE: Draft Assessment Document
Outer Banks Beach Club Association, Inc.
Dare County
File No. WQ 90-15
Enclosed is a revised draft civil penalty assessment which
incorporates the comments that we received by telephone from Dick
Denton of your office.
If you have any further comments in connection with this
assessment, please contact my office.
Thank you for your prompt attention to this matter.
LLS/dab
Enclosure
cc: Steve Tedder
P.O. Brix 27697, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF DARE
IN THE MATTER OF: )
OUTER BANKS BEACH CLUB )
ASSOCIATION, INC. )
FOR VIOLATIONS OF: )
NORTH CAROLINA PERMIT NO.)
6979R3 AND NORTH CAROLINA)
GENERAL STATUTE 143-215.1)
Q �0
I�
NORTH CAROLINA q
ENVIRONMENTAL MANAGEMENT COMMISSION
File No. WQ 90-15
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 .00034, I, George T. Everett, Director of the .Division
of Environmental Management, make the following:
I. FINDINGS PX 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 issued N.C. Permit No. 6979R3 on May
20, 1985, with an expiration date of May 31, 1990
(hereinafter the "Permit").
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.

E. Permit Condition No. 24 xequires Beach Club to monitor
the influent and effluent wastewater as follows:
Measurement
Settleable matter
Effluent
Daily
Residual Chlorine
Effluent
Daily
Flow
Inf., Eff.
Daily
pH
Inf., Eff.
Monthly
BOD, 5-Day, 20 Degree C
Inf., Eff.
Monthly
Coliform, Fecal
Effluent
Monthly
Total Suspended Residue
Inf., Eff.
Monthly
Ammonia Nitrogen
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.

-3-
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 makelthe 'following:
II. CONCLUSIONS Qf L&W:
A. Beach Club is a "person" within the meaning of G.S.
+ 143-215.6 pursuant to G.S. 143-212(4).
B. N.C. Permit No. 6979R3 is required by G.S. 143-215.1.
C. Sampling 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 of said permit.
D. Beach Club violated G:S. 143-215.1 and N.C. Permit No.
6979R3 on two hundred seventy (270) occasions between
November 1988 and October 1989 in the manner and 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 and N.C. 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 effluent wastewater in
accordance with permit condition no. 24.
F. Beach Club violated G.S. 143-215.1 and N.C. Permit No.
6979R3 on eleven (11) occasions between November 1988 and
December. 1989 in the manner and to the extent described 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.
143-215.11 or special order or other document issued
pursuant to G.S. 143-215.2.

;4
I. The • Director, Division. --of. Enviro6, ental. 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 .0006, 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:
S
S
Pa
for each of two hundred seventy (270)
violations of G.S. 143-215.1 and N.C.
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
N.C. 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 N.C. Permit No.
6979R3 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
authorized by G.S..143-215.6.
Investigation costs
penalty

i
%l. 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-;;
.-0007.
(Date) George T. Everett, Director
Division of Environmental Management
D-135