WQ0002284_Correspondence_19900730

r-
k),
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor William W. Cobey, Jr., Secretary
July 30, 1990
MEMO
TO: George Everett
FROM: Leigh L. Stallings yj___�
Agency Legal Specialist
RE: Final Assessment Document
Outer Banks Beach Club Association, Inc.
File No. WQ 90-15
Dare County
Attached is the final assessment document for the
above -referenced matter. This document incorporates comments
received from the Regional Office and Section.
This case should be put on the agenda for the next
enforcement conference.
LLS/dab
Attachment
cc: Steve Tedder
Jim =NiuI1 an
Kent Wiggins
P.O. Boot 27697, Raleigh, North Carolina 27611-7697 Telephone [phone]
An Equal Opporriuiity Affirmative Action Employer

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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)
NORTH CAROLINA
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 .0003, 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 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.

G
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
Inf., Eff.
Monthly
F. An evaluation of the self -monitoring data for the
period November 1988 through October 1989 has revealed that
Beach Club failed to properly monitor the influent and
effluent wastewater in violation of permit condition number
24 as follows:
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.

y
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. 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.
143-215.1, 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 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 penalty
authorized by G.S. 143-215.6.
$.11.2,80
Investigation costs

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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