WQ0002284_Correspondence_19901211

r i
__� s �o lygsyRF�
4�I i'`t
State of North Carolina 4t
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North .Carolina 27611
Ames G. Nlarfln, GOvernor Hunter
Wlelam W. Cobey, Jr., Secretary John
Cral Counsel
November 15, 1990 o.ce ofc&new Co mod
Edwin L Gavin II John P. Baddey
David G Heeter j Peter Rasooe, N
James C HokmW Leigh L StMW
Robert R. Geftim My R. Godwti
Mr. Wayne C. Kinser, President Ehabeth E Rouse
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 261 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 record$ in connection with this matter reveal the
following: Id
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. W 0002829 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 0 Rakl9k North C',aroftw 27611-7687 9 Tdgftm 919-733-7247

Permit No. 6979R3, which
December 1989. . Pursuant
OBBC-was required to:,
-2-
occurred between November 1988 and
to the relevant terms. of the permit,
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
riod.
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 December 15, 1989.
Secondly, OBBC failed to submit the influent and effluent
wastewater data for the period from November 1988 through October
1989 until December 15, 1989. 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. December 15, 1989 and failed to
submit self -monitoring reports for November 1989 and December
1989 until March 5, 1990. 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 15, 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
qugstions, please do not hesitate to contact this office.
Sincerely,
S
JigeL. Stallings
Deputy General Counsel
LLS/ahh