WQ0002284_Correspondence_19901119

NOV
(' _U11 State of North Carolina
t partrnent of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
r �•
James G. Martin, Governor
/ VVWtam W. Cobey, Jr., Secretary
�J November 15, 1990
MEMORANDUM
TO: Jim Mulligan ,./
FROM: Leigh L. Stallings,'*
John C. Hunter
General Counsel
Office of Genera! Counsel
Edwin L Gavin 0
John P. Mkley
David G. Heeter
J. Peter Rascoe,111
James C. Hoibway
Leigh L Stalilings
Robert R. Gelblinn
Billy R. Godwin
Elizabeth E. Rouse
RE: Civil Penalty Assessment dated August 28, 1990
Outer Banks Beach Club Association, Inc.
File No. WQ 90-15
Dare County
Attached is a draft. of a letter that I propose to send to
Wayne Kinser in response to his letters of October 19, 1990,
October 25, 1990,' and October 26, 1990 regarding the above
matter.
I would appreciate your reviewing my letter, verifying its
content and filling in the blank spaces with the appropriate
dates. If you have any additional information that you would
like me to add to this letter, supply that information as well.
If you have any questions, feel free to call me. Thanks for
your help.
LLS/ahh
Attachment
P.O. Boot 27687 • Ralelgtn, North Carolina 27611-7687 • Telephone [phone]
An Equal Opportwiity Afiitmadve Action Employer

A
DRAFT #-.
FOR DISCUSSION
PURPOSES ONLY
State of North Carolina ft. - —
Department of Environment, Health, and Natural Recces
512 North Salisbury Street • Ralelg North Carona 27611
James G. Mardn. Governor �L'Cj0 t 'D John C. Hunter
1MINam W. Cobey, Jr., Secretary �Q N Q%Cr General Counsel
I/ 1 1&90 Office of C&nefi Courtsel
Edwin L Cavin ll John P. Micley
November 15, 1990 E ,J� D"M c Heeter J. Peter Roscoe, m
James C HollowV Ledgh L Stalings
Robert R. Gelbkun Billy R. Godwin
Elizabeth L Rouse
Mr. Wayne C. Kinser, President
Outer Banks Beach Club, Inc.
P.O. Box 6319
Asheville, North Carolina 28816
RE: Assessment of Civil Penalties dated August 28, 1990
Dare County
Our File No. WQ 90-15 .
Dear Mr. Kinser:
I am writing to inform you that this Department has
thoroughly reviewed the matters raised in your letters of October
19, 1990, October 25, 1990, and October 26, 1990 and has
concluded that there is no basis for withdrawing the above
referenced Civil Penalty Assessment against Outer Banks Beach
Club, Inc.("OBBC").
Our records in connection with this matter reveal the
following:
1) Permit No. 6979R3 was issued and became effective on
May'20, 1985 with an original expiration date of May 31, 1990.
This permit governed the operation of OBBC's wastewater treatment
facilities in existence as of May 20, 1985.
2) Permit No. 13195 was issued and became effective on May
23, 1986 with an original expiration date of May 31, 1991. This
permit governed construction only of the wastewater treatment
facility (which in this case was an expansion of the facility).
This permit did not void or supersede Permit no. 6979R3.
3) Permit No. WQ0002829 was issued and became effective on
April 11, 1990 with an expiration date of April 30, 1991. This
permit rendered void Permit Nos. 6979R3 and 13195.
4) Violations. The civil penalties were assessed in this
matter for OBBC's violations of the terms and conditions of
P.O. Box 27687 • Raleigh, North Carolhia 27611-7687 • Telephone [phone]
An Equal Opport<uitty Affirmative Action Ernployer

Permit No. 6979R3, which occurred between November 1988 and
December 1989. Pursuant to the relevant terms of the permit,
OBBC was required to:
a) sample its 10 ground water monitoring wells for 9
specified parameters every March, July and November;
b) monitor the concentration of 8 pollutants in its
influent and effluent wastewater; and
c) submit to the Washington Regional Office monthly
monitoring reports containing the foregoing information
within 30 days following the end of each monthly reporting
period.
As the civil penalty assessment states, OBBC failed to
submit the requested well monitoring data for the period from
November 1988 through October 1989 until
Secondly, OBBC failed to submit the influent and effluent
wastewater data for the period from November 1988 through October
1989 until Lastly, OBBC failed to submit
self -monitoring reports for December 1988, February 1989, March
1989, April 1989, May 1989, July 1989, August 1989, September
1989, and October 1989 until and failed to
submit self -monitoring reports for November 1989 and December
1989 until As you were informed by the
Washington Regional Office by letter dated February 8, 1990, the
self -monitoring data for November 1988, December 1988, January
1989, February 1989, March 1989, April 1989, May 1989, July 1989,
August 1989, September 1989, and October 1989 submitted on or
about December 19, 1989, was incomplete and returned to you
because OBBC failed to complete the monthly averages for the
parameters sampled.
We do not dispute that the data required by Permit No.
6979R3 was eventually submitted by OBBC. OBBC has been assessed
a civil penalty because it failed to submit the data on or before
the time deadline established by the Permit.
I hope that the information contained in this letter
eliminates any confusion that you may have experienced, in
connection with this matter. If you have any additional
questions, please do not hesitate to contact this office.
Sincerely,
Leigh L. Stallings
Deputy General Counsel
LLS/ahh