NC0021881_LV20150094_20150717

NCD' R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7010 0290 0003 0833 9540
Return Receipt Requested
June 17,2015
RECEIVEDIDENRIDWR
Harry W Foley
Town of Lake Waccamaw JUN 2 3 2015
PO Box 145
Lake Waccamaw,NC 28450-0145 Water Quality
Permitting Sectior
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0021881
Town of Lake Waccamaw
Lake Waccamaw WWTP
Case No. LV-2015-0094
Columbus County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$433.50($250.00 civil penalty
+$183.50 enforcement costs)against Town of Lake Waccamaw.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Lake Waccamaw for the month of January 2015. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No.
NC0021881. The violations,which occurred in January 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Lake Waccamaw violated the terms, conditions
or requirements of NPDES Permit No. NC0021881 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, James H. Gregson, Regional Supervisor, Wilmington Regional Office hereby make the following civil
penalty assessment against Town of Lake Waccamaw:
127 Cardinal Drive Extension.Wilmington.North Carolina 28405
Phone:[phone] Internet www.ncdenr.gov<http://waww.nedenr.gov>
An Equal Opportunity tunity'.Affirmative Action Employer-Made in pan by recycled paper

$250.00 1 of the 1 violations of I43-215.1(a)(6) and NPDES Permit No.NC0021881, by discharging
waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for
FEC COLI. •
$250.00 TOTAL CIVIL PENALTY
$183.50 Enforcement Costs
$433.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty 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
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
4

if you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at [e-mail].
Sincerely,
- Cas:1/4p--„,_
for eZimmerman,P.G.
Director,Division of Water Resources,NCDENR
By James H.Gregson,Regional Supervisor RECEIVED/DENR/DWR
Water Quality Regional Operations Section JUN 2 3 2015
Wilmington Regional Office
Division of Water Resources,NCDENR Water Quality
Permitting Section
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
,
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0094 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NC0021881 Amount Assessed: $433.50
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of
this civil penalty. You should attach any documents that you believe support your request and are necessary for the
Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the
accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Lake Waccamaw )
Lake Waccamaw WWTP )
)
PERMIT NO.NC0021881 ) CASE NO. LV-2015-0094
Having been assessed civil penalties totaling $433.50 for violation(s), as set forth in the assessment document of the
Division of Water Resources dated June 17, 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A -
Town of Lake Waccamaw .
CASE NUMBER: LV-2015-0094
PERMIT: NC0021881 FACILITY: Lake Waccamaw WWTP COUNTY: Columbus REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 1-2015 001 Effluent FEC COLI 1/17/15 3 X week #/100m1 400 699.20 74.8 Weekly Geometric Mean Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
•
Violator: Town of Lake Waccamaw
Facility Name: Lake Waccamaw WWTP
Permit Number: NC0021881
County: Columbus
Case Number: LV-2015-0094
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
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2) The duration and gravity of the violation; eem-0-4-; .07taz2,` �c�'
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3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
C41410-1.114V' •
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
$183.50
dc,_ 3vis-
Date Ja H.Gregson, egional Supervisor
ter Quality Regional Operations Section
Wilmington Regional Office

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
May 19, 2015
CERTIFIED MAIL #7013 1090 0000 6092 9351
RETURN RECEIPT REQUESTED
Harry W Foley
Town of Lake Waccamaw
PO Box 145
Lake Waccamaw, NC 284500145
Subject: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0328 LA/ \S
Permit No. NC0021881
Lake Waccamaw WWTP
Columbus County
Dear Mr Foley:
A review of Town of Lake Waccamaw's Discharge Monitoring Report(s)for the Lake Waccamaw WWTP submitted for
the month of January 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter. Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 1/17/2015 400.000 699.220#/100m1 Weekly Geometric
Broth,44.5C #/100m1 Mean Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more
than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone:[phone]\Internet:www.ncdenr.gov

Reminder: Pursuant to Permit Condition 6 in Section E,the Permittee is required to verbally notify the Regional
Office as soon as possible,not to exceed 24 hours,from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report
may be required within 5 days if directed by Division staff. Prior notice should be given for
anticipated or potential problems due to planned maintenance activities,taking units off-line,etc.
In addition, you may wish to consider registering to use the Division's new e-DMR process for completion and
submittal of monthly monitoring reports, for more information please visit our website at:
http://portal.ncd enr.org/web/wq/admin/bog/ipu/edm r
If you should have any questions,please do not hesitate to contact Dean Hun kele with the Water Quality Section at
[phone] or via email at [e-mail].
Sincerely,
J Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc: DWQ/Wilmington Regional Office-Green File
Central Files,Water Quality Section

•
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PS Form 3800.August 2006 See Reverse for Instructions

EFFLUENT
(WINTER)
MIT NO: NC K121RR1 Discharge No: 001 . MONTH:_January YEAR: 2015
CILITY NAME: Lake_Waccamaw WWTP CLASS: Grade II COUNTY: Columbus _
PERATOR IN RESPONSIBLE CHARGE: Michael Prostinak GRADE: II PHONE: [phone]
CERTIFIED LABORATORIES (1) Environment I
Check box if ORC has changed [ ]
Mail ORIGINAL and ONE COPY to: 1
ATTN: CENTRAL FILES X CZ -C-1.-�. ,.riieCs Date �/1�$-/
Div.Of Environmental Management (SIGNATURE AF OPERATOR IN RESPONSIBLE CHARGE)
DENR By this signature,I certify that this report Is accurate and
P.O.Box 29535 complete to the best of my knowledge.
Raleigh,NC 27626-0535
50050 00010 00040 00545 50060 00310 00610 00530 31616 00300 00600 00665 TGP3B THP3B 00630
Opr. _ _ 0
O Arrive Opr. Daily Rate
2 Res BODS Fecal m c^ O
A Time Time ORC Flow TEMPpH 2 2 A
T m m @20C NH3 N TSS Coliform o o Z
E 2400 on ON 1]INF x >r C12 (Geometric D.O. Z s c Y rn T
mE
Clock Site SITE j]EFF in g Mean) m n ci o % m
# I5 o-
I- J- a_ 0 I-22
HRS HRS YIN MGD _DEG C UNIT mglL uglL mgIL mg/L mgIL #/100m1 mgIL mgIL mg/L PIF %CV mg/L
1 H 0 L 253,639 D A ', --:•-:',41V„i1.1.04'+ .` :,l ,V±. r' ;:i , ssa 1
2 9:00 8 Y 245,263 10.7 2
3 236,127 3
_
4 247,141 4
5 9:00 8 ..Y. . - 343,113''" :,13..9-. -.. -; _ 5
6 9:00 8 Y 258,088 11.9 7.7 '44 18 10.8 6
7 9:00 8 Y '. 251,594 10-7 7.8 40 2 10.9 7
8 9:00 8 Y 242,531 7.4 8.0 23 3.9 0.31 4.9 1 12.1 14.69 12.84 .8
9 9:00 " 8 Y_,- 246,377 6.4 ' ' 1'E, g^:
10 243,062 10
11 232,203
12 9:00 8 Y 229,270 7.9 12
13 9:00 8 .Y_, _.575,629 11.0 7.6 - . 20 -, 4300 10.3,, .- 13
14 9:00 8 Y 425,072 9.9 7.7 11 530 11.0 14
15 9:00 8 Y1 364,425 9-2 77 13 4.7 1.02 4.8 150 11.3 15
16 9:00 8 Y 342,394 9.5 16
17 323,126 17'
18 295,301 18
19 H O ?IL" %391,241 ' D A'.. 'Y 1 '. 19
20 9:00 8 y 327,223 10.2 7.6 _ 26 < 1 12.4 20
21 9:00 8 Y __ '.294,601 10.3 ,7.5 ; 2.2 1 . .11.3 = . ,, 21
22 9:00 8 Y 275,728 10.3 7.7 18 3.0 0.28 4.5 1 11.3 22
23 9:00 8 Y 255,896 10.5 23
24 385,189 24
25 611,381 ,. 25
26 9:00 8 Y 422,661 10.5 26
27 9:00 8 Y 382,713 10.7 7.5: 34 39 ' ' 10.2` 27
28 9:00 8 Y 323,164 8.6 7.6 <10 1 12.7 28
29 9:00 • 8 :Y F. 292,301 7.5 7.4 <10 2.9 0.51 4.3 4., ,..,i,,_13.0 29
30 9:00 8 _ Y 287,223 8.6 30
31 262;755
.
Average 318,272 9.8Mill 22 3.6 0.5 4.6. 11 11.4 -
Maximum 611,381 13.9 8.0 44 4.7 1.0 4.9 4300 13.0
Minimum 229,270 7.4 7.4 10 2.9 0.3 4.3 1 10.2
Comp/Grab COMP ,GRAB GRAB GRAB 'COMP COMP COMP GRAB GRAB COPMF COMP COMP' COMP'COMP

Facility Status:(Please check on of the following:
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,
and a time-table for improvements to be made.
Fecal Coliform limits were exceeded during the second full week of the month. Heavy rain
fall was at least partly the fault. We are also checking the storm drains to see if there is
a partial obstruction, causing the surface water to get into the sanitary sewer.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry
of the person or persons who manage the system;or those persons directly responsible for gathering the information,the information
submitted is,to the best of my knowledge and belief;true,accurate,and complete.I am awarethat there are significant penalties for
submitting false information,including the possibility of fines and imprisonment for knowing violations."
Harry Foley, Town Manager
Permittee(Please print of type)
-: �--it- /3--
Signature
rSignature of Pernlittee*` - Date-
(Required)
Permittee Address Phone Number Permit Exp.Date
P.O.Box 145 910-646-3700
Lake Waccamaw,NC 28450
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Floride 01067 Nickel 50060 Total
00076 Turbidity - 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldal 01027 Cadmium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD,, 00665 Total Phosphorus 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS
Residue 00929 Total Sodium 01051 Lead 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow
Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at(919)733-5083 or by visiting
the Water Quality Section's web site at h2o.enr.state.nc.us/wgs and linking to the Unit's information pages.
Use only units designated in the reporting facility's permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 1SA ltICAC 8G.0204.
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2b.0506(2)(D).