WQ0002284_Correspondence_19900829

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AUG 1 (5) 1990
AIMINIST>if+iIR SERVICES SECTION
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
August 15, 1990
M E M O R A N D U M
TO: George Everett
FROM: Leigh L. Stalling
Office of General
unsel
RE: Revised Final Assessment Document
Outer Banks Beach Club Association, Inc.
File No. WQ 90-15
Dare County
John C. Hunter
General Counsel
Office of General Counsel
Edwin L Gavin If
John P. Barkley
Da,Ad a Heeter
J. Peter Rascoe, III
lames C Holloway
Leigh L Stallings
Robert R. Gelblum
Bey R. Godwin
Elizabeth E Rouse
Attached is a revised final assessment document for the
above -referenced matter. The enclosed document incorporates the
revisions requested by you at the August 8, inc enforcement
conference.
Provided that this revised assessment document is acceptable
to you, I would appreciate your signing same and returnin
signed assessment to this office for mailing. g the
If you have any questions
to discuss this matter further,
me.
LLS/dab
Attachment
cc: Steve Ted er
J'
regarding the enclosed or desire
Please do not hesitate to contact
P.O. a 27687 • Rai "

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)
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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 ACT:
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
_.. _ lor.

D. 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
Sampling
Points
� Measurement
Frequency
Effluent
Daily
Effluent
Daily
Inf., Eff.
Daily
Inf., Eff.
Monthly
Inf., Eff.
Monthly
Effluent
Monthly
Inf., Eff.
Monthly
Inf., Eff.
Monthly
E. 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.
F. From November 1988 through October 1989, Beach Club
failed to submit any of the required well monitoring data
which constitutes 270 reporting violations.
G. From November 1988 through October 1989 Beach Club
failed to properly submit the influent and effluent
wastewater data as follows:
Parameter
Number of violations
1•
Settleable matter
240
2.
Residual chlorine
3.
pH
53
53
4.
BOD
14
5.
TSS
11
6.
NH3
12
17
Total
Wastewater
Violations
347
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
which Staff received on December 15 1989. s of Fand June ru89,
ary
23, 1990, Beach Club had failed to submitthe 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
211 1989 and February 8, 1990 which informed ..
its reporting permit violat;_„_ BeachClh of

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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.
r
A. Beach Club is a "person"
l 143-215.6 erson within the meaning of G.S.
r 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., D., and E.
above, are terms, conditions or requirements of said permit.
D. Beach Club violated G.S. 143-215.1, G.S.
and
N.C. Permit No. 6979R3 on two hundred seventy•6(270)
occasions between November 1988 and October 1989 in the
manner and to the extent described in paragraphs C., E. and
F. above when it failed to report the groundwater monitoring
data in accordance with permit condition nos. 23 and 25.
E. Beach Club violated G.S. 143-215.1, G.S. 143-215.65 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 D., E. and
G. above when it failed to report influent and effluent
wastewater data in accordance with permit condition nos. 24
and 25.
F. Beach Club violated G.S. 143-215.1
and N.C. Permit No. 6979R3 on eleven (11)�o casions3-215betwe.65
en
November 1988 and December 1989 in the manner and to the
extent described in paragraphs E. and H.
when it
failed to submit to staff monthly monitoring above reports in
accordance with permit condition no. 25.
G. General Statute 143-215.6(a)(1
a civil
penalty of not more than ten thousand provides dollars pera violation
may be assessed against a person who act violates or fails to
in accordance with the terms
requirements of a permit re conditions, or
quired by G.S. 143-215.1.
H. General Statute 143-215.3 a 9
reasonable costs of ( )( ) provides that the
monitoring any investigation, inspection or
g survey may be assessed against a person who
violates any regulations, standards
by the Environmental Management commission or m or limitations
violates adopted
:terms or conditions of any permit issued
143-215.1, or special order Pursuant to G.S.
pursuant to G.S. �43-215.2, other document issued

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1. 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
determining the amount of the enalt •0006, in
into
the Findings of Fact and Conclusions,
of Law and econsidered accountothe
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:
$ '5-0O for each of fourteen (14) months for
failure to properly report
self -monitoring data from November 1988
to December 1989.
$ 2000 TOTAL CIVIL PE
NALTY, which is � s
percent of the maximum
authorized by G.S. 143-215.6. penalty
$ 112.80 Investigation costs
TOTAL AMOUNT DUE
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.
8 L91 o
(Da e)
D-135
George T. erett, Director
Division of Environmental Management

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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 w .0007. ith Rule 15A NCAC 2J
D-135
00
i
d ate J
Georg T. Eve tt, Director
Division of ironmental Management
EM