WQ0002284_Civil Penalty Assessment_19900831

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salsbury Street • Raleigh, North Carolina 27611
James Gs Martin, Governor
Wilam W. Cobey, Jr„ Secretary
August 29, 1990
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. C. Wayne Kinser, President
Outer Banks Beach Club Association, Inc.
P.O. Box 6931
Asheville, NC 28806 %
/If _r11111d_ r 0
John C. Hunter
General Counsel
Office of General counsel
Edwin L Gavin n
John P. Barkley
David G. Heeter
J. Peter Rascoe, m
James C. Holloway
Leigh L StaiIngs
Robert R. Ge➢ bum
My R. Godwin
Elizabeth E. Rouse
Subject: Assessment of Civil Penalties for
Violation(s) of North Carolina Permit No.
6979R3 and North Carolina General Statute
143-215.1, Dare County,
File No. WQ 90-15
Dear Mr. Kinser:
This letter transmits notice of a civil penalty and
investigative costs assessed against Outer Banks Beach Club
Association, Inc. in the total amount of $7,112.80.
Attached is a copy of the assessment document
explaining this penalty. This action was taken by the
Director, Division of Environmental Management, under the
authority vested in him by Title 15A of the North Carolina
Administrative Code (NCAC) 2J .0003. Any continuing
violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within sixty (60) days of receipt of this notice, you
must:
(1) Submit payment of the penalty; or
(2) Submit a written request for remission or
mitigation, including a detailed justification for
such request; or
P.O. Box 27687 • Raleigh, North Carolina 27611-7687 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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(3) Submit a written request for an administrative
hearing.
Additional information about your options is as
follows:
(1) Payment should be made directly to this office.
Payment of the penalty will not foreclose further
enforcement action for any continuing or new
violation(s).
(2) A request for remission or mitigation is limited
to consideration of the reasonableness of the
amount of the penalty and is not the proper
procedure for contesting the accuracy of any of
the statements contained in the attached
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 that there are no factual or
legal issues in dispute. You must execute and
return the attached waiver and stipulation form to
this office. Finally, your detailed justification
should include any additional facts which should
have been considered by the Director prior to
assessment, as well as any documentation relevant
to your inability to pay the penalty.
(3) If you wish to contest any statements in the
attached assessment document, you must request an
administrative hearing. This request must be in
the form of a written petition, conforming to
Chapter 150B of the North Carolina General
Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 11666,
Raleigh, North Carolina 27604. A copy of the
petition must be served on the Department as
follows:
Mr. John C. Hunter
Registered Agent
Office of General Counsel
Department of Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Failure to make payment or to exercise one of your
options will result in this matter being referred to the

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Attorney General with a request to initiate a civil action
to collect the penalty.
Sincerely,
Lei L. Stallings
Agency Legal Specialist
LLS/dab
Attachments
cc: George T. Everett
eve Tedder
Kent Wiggins

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STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF DARE FILE NO. WQ 90-15
IN THE MATTER OF ASSESSMENT) REQUEST FOR REMISSION OF
OF CIVIL PENALTIES AGAINST ) CIVIL PENALTIES; WAIVER OF
OUTER BANKS BEACH CLUB ) RIGHT TO AN ADMINISTRATIVE
ASSOCIATION, INC. ) HEARING AND STIPULATION OF
1 FACTS
Having been assessed civil penalties totalling
$7,112.80 for violation(s) of North Carolina Permit No.
6979R3 and North Carolina General Statute(s) 143-215.1 as
set forth in the assessment document of the Director,
I
Division of Environmental Management dated August 28, 1990,
the undersigned, desiring to seek remission of the civil
penalties, does hereby waive its right to an administrative
hearing in the above -stated matter and does stipulate that
the facts are as alleged in the assessment document.
This the day of , 1990.
BY
ADDRESS
TELEPHONE

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

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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
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
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
53
3.
pH
14
4.
BOD
11
5.
TSS
12
6.
NH3
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, and June 1989,
which Staff received on 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 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. 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., D., and E.
above, are terms, conditions or requirements of said permit.
D. Beach Club violated G.S. 143-215.1, G.S. 143-215.65 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., 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, G.S. 143-215.65
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 E. 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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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 acco 'ance with Rule 15A NCAC 2J
.0007.
D-135
ate Georg T. Eve tt, Director
Division of Erfvironmental Management
d