WQ0002314_MV-2004-0010_20041213

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
December. 13, 2004
CERTIFIED MAIL # 7004 0750 0000 5302 2892
RETURN RECEIPT REQUESTED
Kevin Willis
Property Manager
Windward Dunes Owners Association Inc
PO Box 515
Salter Path, NC 28575
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
RECEIVED/ DENR/DWQ
14IJIFER-pROfEdfloN SECTION
DEC 15 604
SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations
,of NC General Statute 143-215.1(a)(2) and .Non -Discharge
Permit No. WQ0002314
Windward Dunes WWTF
Case No. MV-2004-0010
Carteret County
Dear Mr. Willis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $238.00 ($200.00 + $38.00 enforcement costs) against the Windward Dunes Owners
Association Inc.
This assessment is based upon the following facts: a review has been conducted of the
Non -Discharge Monitoring Report (NDMR) submitted by Windward Dunes Owners Association
Inc for the month of October 2004. This review has shown the subject facility to be in violation
of the effluent limitations and/or monitoring requirements found in Non -Discharge Permit No.
WQ0002314. The violations that occurred in October 2004 are summarized in Attachment A to
this letter.
Based upon the above facts, I conclude as a matter of law that Windward Dunes Owners
Association Inc violated the terms, conditions or requirements of Non-Discfiarge Permit No.
WQ0002314 and NC G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maximums established by NC G.S. 143-
215.6A(a)(2).
Wilmington Regional Office
!7 Cardinal Drive Extension Wilmington, NC 28405
lone: 910-395-3900 / FAX: [phone]
Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NorthCarohna
Awwrally

Page 2
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 Quality, I, Charles F. Stehman, Aquifer Protection
Regional Supervisor for the Wilmington Region, hereby make the following civil penalty
assessment against Windward Dunes Owners Association Inc:
Add/remove as needed in following table to correspond to the number ofAllonitoring violations in the
export file (Record number "3'9
50.00 For 1 of the 1 failures to properly monitor Nitrogen Ammonia in
violation of Permit No. WQ0002314.
50.00 For 1 of the 1-failures to properly monitor Fecal Coliform in violation
of Permit No. WQ0002314.
$50.00 For 1 of the 1 failures to properly monitor BOD'in violation of Permit
No. WQ0002314.
50:00 For 1 of the 1 failures to properly monitor Total Suspended Solids
in violation of Permit No. WQ0002314.
200.00 TOTAL CIVIL PENALTY
38.00 Enforcement Costs
238.00 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. 14313-
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.

Page 3
'i
Within thirty days of receipt of this notice, you must do one of the following:
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:
Mr. Ed Hardee
Compliance & Enforcement Unit
Aquifer Protection Section
Division of Water. Quality
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
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 assessment
letter. 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
and a detailed statement, which you believe establishes whether:
,(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penaltymill prevent payment for the remaining
necessary remedial actions. ,
Please submit this information to the attention of both -
Mr. Ed Hardee
Compliance & Enforcement Unit
Aquifer Protection Section
Division of Water Quality
1636 Mail Service Center

9 Page 4
Raleigh, North Carolina • 27699-1636
AND
Mr. Charles Stehman, Supervisor
Wilmington Regional Office
Aquifer Protection Section
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director, and therefore, it is very important that you prepare a
complete and thorough statement in support of yourrequest for remission.
OR
3. Submit a written request for an administrative hearing:
J� If you wish to contest any statement in this assessment. letter, you must request
an administrative hearing. This request must be. in the form of a written petition
to the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must file your original petition with the
Office of Administrative Hearings.
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a copy of the petition to
Dan Oakley, General Counsel
Department of Environment and Natural Resources'
1601 Mail Service Center .
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter,

Page 5
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty.
Please be advised that any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. If you have any questions about this civil
penalty assessment, please contact. Tara MacPherson with the Aquifer Protection Section of the
Wilmington Regional Office at [phone].
122—
(Date)
Charles F. Stehman, Ph.D, P.G.
Aquifer Protection Section Regional Supervisor
Wilmington Regional Office
Division of Water Quality
ATTACHMENTS
Cc: Regional Supervisor Enforcement File w/ attachments
Ed Hardee, Aquifer Protection Compliance/Enforcement Unit w/ attachments
DWQ Central Files w/ attachments

STATE OF NORTH CAROLINA
, COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
WINDWARD DUNES
PERMIT NO. WQ0002314
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling $238.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 13, 2004, 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 Quality with 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Windward Dunes Owners Association Inc
CASE NUMBER: MV-2004-0010
PERMIT: WQ0002314
FACILITY: Windward Dunes WWTF
COUNTY: Carteret
REGION: Wilmington
Monitoring Violations
MONITORING OUTFALL/
PENALTY REPORT PPI
LOCATION PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE LIMIT
CALCULATED % OVER
VALUE LIMIT VIOLATION TYPE
$50.00 10-2004
002
BOD
10/31/04
2 X month
mg/1
Frequency Violation
$50.00 10-2004
002
FEC COLI
10/31/04
2 X month
#/100ml
Frequency Violation
$50.00 10-2004
002
NH3-N
10/31/04
2 X month
mg/1
Frequency Violation
$50.00 10-2004
002
RES/TSS
10/31/04
2 X month
mg/I
Frequency Violation