WQ0005173_LV-2004-0532_20041022

�CF.WA:1'FRQ
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E.,
Director
October 22, 2004
CERTIFIED MAIL # 7004 0750 0000 5302 1765
RETURN RECEIPT REQUESTED
Alice P Taylor, President
Cape Royall Dolphin Association, Inc
325 Cape Fear Loop
a
Emerald Isle, NC 285941812
0.
SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations..
N
Cn
�
of NC General Statute 143-215.1(a)(2) and Non -Discharge
Mme
M,;�
Permit No. WQ0005173
471:
Cape Royall Dolphin WWTF
Case No. LV-2004-0532
cC."s�
Carteret County.
Dear Ms. Alice P. Taylor:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $880.00 ($850.00 + $30.00 enforcement costs) against the Cape Royall Dolphin Association,
Inc.
This assessment is based upon the following facts: a review has been conducted of the
Non -Discharge Monitoring Report (NDMR) submitted by Cape Royall Dolphin Association, Inc
for the month of June 2004. This review has shown the subject facility to be in violation of the
effluent lirnitations'and%or monitoring.requirements found in Non -Discharge Permit No.
WQ0005173. The violations that occurred in June 2004 are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that Cape Royall Dolphin
Association, Inc violated the terms, conditions or requirements of Non -Discharge Permit No.
WQ0005173 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).
'Vilmington Regional Office
27 Cardinal Drive Extension Wilmington, NC 28405
Hhone: 910-395-3900 / FAX: [phone]
Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
One
NorthCarohna
Aaft(rally

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, Division of Water
Quality Regional Supervisor for the Wilmington Region, hereby make the following civil penalty
assessment against Cape Royall Dolphin Association, Inc:
For 1 of 1 violation of Permit WQ0005173 for failing to produce an effluent
100.00 within the limits stipluated by the issued permit for the Permit Daily
Maximum for FECAL COLIFORM as summarized in Attachment A.
For 1 of 1 violation of Permit WQ0005173 for failing to produce an effluent
250.00 within the limits stipluated by the issued permit for the Permit Monthly
Average for BIOLOGICAL OXYGEN DEMAND as summarized in
Attachment A.
For 1 of 1 violation of Permit W00005173 for failing to produce an effluent
` 250.00 within the limits stipluated by the issued permit for the Permit Monthly
Average for AMMONIA as summarized in Attachment A.
For 1 of 1 violation of Permit WQ0005173 for failing to produce an effluent
250.00 within the limits stipluated by the issued permit for the Permit Monthly
Average for FECAL COLIFORM as summarized in Attachment A.
850.00 -'TOTAL CIVIL PENALTY
30.00 Enforcement Costs
880.00 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
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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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. 143B7282.1(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 penalty will 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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
0

Page 4
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 your request for remission.
OR
3. Submit a written request for an administrative hearing:
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
=1
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
being referred to the Attorney General's Office with a request to initiate a civil action to collect
�� the penalty.

Page 5
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]. .
(Date)
Charles F. Stehman
Regional Supervisor
Wilmington Regional. Office
Aquifer. Protection Section
Division of Water Quality
ATTACHMENTS
Cc: 'Regional Supervisor Enforcement rile w/ attachments .
Ed Hardee, Aquifer Protection Compliance/Enforcement Unit'w/ attachments
DWQ Central Files w/ attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST: ) ADMINSTRATIVE HEARING AND
CAPE ROYAL DOLPHIN ) STIPULATION OF FACTS
PERMIT NO. WQ0005173 )
FILE NO.' LV-2004-0532
Having been assessed civil penalties totaling $880.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated October 22, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

i
ATTACHMENT A
_
Cape Royall Dolphin Association,
Inc
CASE NUMBER: LV-200470532-
PERMIT: WQ0005173
FACILITY: Cape Royall Dolphin WWTIF
COUNTY: Carteret
REGION: Wilmington
Limit Violations
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY
REPORT.
PPI
"LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE.
LIMIT
VIOLATION TYPE
$250.00
6-2004
002
BOD
06/30/04 2 X month
mg/l
10
12.7
27.00
Monthly Average Exceeded
$100.00
6-2004
002
FEC COLI
06/17/04 2 X month
#/100ml
43
550
1,179.07 "
Daily Maximum Exceeded'
$250.00
6-2004
002
FEC COLT
06/30/04 2 X month
#/100m1
14
23.45
67.51
Monthly Geometric Mean
Exceeded
$250.00
6-2004
002
NH3-N
06/30/04 2 X month
mg/l
4
13.26
232.00
Monthly Average Exceeded

§143-21.5
g. Persons with special training and scientific expertise in protection of water.
Z who are affiliated with colleges and universities.
h.. Private property owners.
i. Persons with a general interest in water quality protection.
(b) The purpose of the consultation required by subsection (a) of this section is to, assure that
major stakeholders who may have an interest in the proposed rules have anopportunity to inform -the
Department of their concerns before the Department drafts the rules. (2000-172, s. 5.1.)
§ 143-215. Effluent standards or limitations.
(a) The Commission is authorized and directed to develop, adopt, modify and revoke effluent
standards or limitations and waste treatment management practices as it determines necessary to prohibit,
abate, or control water pollution..The effluent. standards or limitations and management practices may
provide, with limitation, standards or limitations or management practices for any point source or
sources; standards, limitations, management practices, or prohibitions for toxic wastes or combinations
of toxic wastes discharged from any point source or, sources; and pretreatment standards for wastes
discharged to any disposal system subject to effluent standards or limitations or management practices.
(b) The effluent standards or limitations developed and adopted by the Commission shall provide
limitations upon the effluents' discharged from pretreatment facilities and from outlets and point sources
to the waters of the State adequate to limit the waste loads upon the waters of the State to the extent
necessary to maintain or, enhance the chemical, physical, biological and radiological integrity of the
waters. The management practices developed and adopted by the Commission shall prescribe practices
necessary to be employed in order to prevent or reduce contribution of pollutants to the State's waters.
(c), (d) Repealed by Session Laws 1995, c. 507, s. 27.
(e) Repealed by Session Laws 1997-458, s. 13.1. (1967, c. 892, s. 1; 1971, c. 1167, s. 5; 1973, c. 821,
s. 4; c. 929; c. 1262, s. 23; 1975, c. 583, s. 1; 1979, c. 633, ss. 2-4; 1987, c. 8.27, ss. 154, 158; 1989, c.
168, s. 48; 1991, c. 403, s.- 2; 1991 (Reg. Sess., 1992), c. 890, s. 15; 1995, c. 507, s. 27.8(s); 1995 (Reg.
Sess., 1996), c. 626, s. 4; 1997-458, s. 13.1.)
§ 1 3 2.15:1. Control of sources of water pollution; permits required.
vJ ` (a) Activities for Which Permits Required. — No person shall do any of the following things or carry
out any of the following activities unless that person has received, a permit from the Commission and has
complied with all`conditions set forth in the permit:
O Make any outlets into the waters'of the State...,
`(2) Construct- or operate any sewer system, treatment works, or disposal system within
1 the State.
�3) Alter, extend, or change the construction or method of operation of any sewer
system, treatment ''Works, or disposal system within the State.
(4�) Increase the quantity of waste discharged through any outlet or processed in. any
treatment works or disposal system to any extent that would result in any violation'
of. the- effluent standards or limitations established for any point source or that
would adversely affect the condition of the receiving waters to the extent of .
l violating any applicable standard.
(5)) Change the nature of the waste discharged through any disposal system in any way
that would exceed the effluent standards or limitations established for any point
source or that would adversely affect. the condition of the receiving waters -in
f relation to any applicable standards.
(6 Cause or permit any waste, directly or. indirectly, to be discharged to. or in any
manner intermixed with the waters of the State in violation of the water quality
standards applicable to the assigned classifications or in violation of any effluent .
standards or limitations established for any point source, unless allowed as a
condition. of any permit, special order or other appropriate instrument issued or
88

§143-215
entered into by the Commission under the provisions of this Article.
(7,) Cause or permit any wastes for which pretreatment is required by pretreatment
standards to be discharged, directly or indirectly, from a pretreatment facility to
any disposal system or to alter, extend or change the construction or method of
operation or increase the quantity or change the nature of the waste discharged
from or processed in that facility.
(8) Enter into. a contract for the construction and installation of any outlet, sewer
system, treatment works, pretreatment facility or disposal system or for the
alteration or extension of any such facility.
(9) . Dispose of sludge resulting from the operation of a treatment works, including the
�. removal of in -place sewage sludge from one location and its deposit at another
location; consistent with the requirement of the Resource Conservation and
Recovery Act and regulations promulgated pursuant thereto.
(10) Cause or permit any pollutant to enter into a defined managed area of the State's
H ,
waters for the maintenance or production of harvestable freshwater, estuarine, or
marine plants or animals.
(11 Cause or permit discharges regulated under G.S. 143-214.7 that result in water
Pollution.
(12) Construct or operate an animal waste management system, as defined in G.S. 143-
+° 215.10B, without obtaining a permit under either this Part or Part IA of this
Article. -
(al) In the event that both effluent standards or limitations and classifications and water quality
standards are applicable to any point source or sources and to the waters to which they discharge, the
more stringent among the standards established by the Commission shall be applicable and controllingpen-nit(a2) Nopen-nitshall be granted for the disposal of waste in waters classified as sources of public
water supply where the head of the agency that administers the public water supply program pursuant to
.Article 10 of Chapter 130A of the General Statutes; after review of the plans and specifications for the
proposed disposal facility, determines and advises the Commission that any outlet for the disposal of
waste is, or would be, sufficiently close to the intake works or proposed intake works of a public water
supply as to have an adverse effect on the public health.
(0) If the Commission denies an application_for a permit, the Commission shall state in writing the
reason for the denial and shall also state the Commission's estimate of the changes in the applicant's
proposed activities or plans that would be required in order that the applicant may obtain a permit.
(a4) The Department shall regulate wastewater systems under rules adopted by the Commission for
Health Services pursuant to Article 11 of. Chapter 130A of the General Statutes except as otherwise
provided in this subsection. No permit shall be required under this section for a wastewater system
regulated under Article 11 of Chapter 130A of the General Statutes.. The following wastewater systems
shall be regulated by the Department under rules adopted by the Commission:
(1) Wastewater systems designed to discharge effluent to the land surface or surface
waters:
(2) . Wastewater systems designed for groundwater . remediation, groundwater
injection, or landfill leachate collection and disposal.
(3) Wastewater systems designed for the complete recycle or reuse of industrial
process wastewater.
(b) .. Commission's Power- as to Permits. --
(1) The Commission shall act on all permits so as. to prevent, so far as reasonably
possible, considering relevant standards. under State and federal laws, any
significant increase in pollution of the waters.. of the State from any new or,
enlarged sources._ No permit shall be denied and no condition shall be attached to
the .permit, except when the Commission finds such denial. or such conditions
necessary to. effectuate the purposes of this Article.
.
(2) The Commission shall also act on all.permits so as to prevent violation of water
quality standards due -to the cumulative_ effects of permit decisions. Cumulative
effects. are impacts attributable to the collective effects of a number of projects and
.89

§143-215.5
General Court of Justice, no bond shall be required of the Secretary or of the Commission.
(b) A person aggrieved, as ,defined in G.S. 150B-2, other than the applicant or permittee, who seeks
judicial review of a final agency decision on an application for a permit required under Title V shall file
a petition for judicial review. under G.S. 150B-45 within 30 days after public notice of the final agency
decision is given as provided in rules adopted by the Commission pursuant to G.S. 143-215.4(b)(3). A
permit applicant, permittee, or other person aggrieved who seeks judicial review of a, failure of the
Commission to act within the time specified in rules adopted pursuant io G.S.,143-215.108(d)(2) on an.
application for a permit'required by Title V or G.S..143-215.108 shall file a petition for judicial review
under G.S. 150B-45 within 30 days after the expiration of the time specified for action on the application.
(1951, c. 606; 1967, c. 892, s. 1; 1973, c. 108, s. 88; c. 698, s. 11; c. 1262, s. 23; 1983, c. 296, s. 4; 1987,
c. 827, ss. 154, 163; 1991 (Reg. Sess., 1992), c. 1028, s: 3; 1993, c. 400, s. 5.)
§ 143-215.6: Recodified as §§ 143-215.6A through 143-215.6C.
(a) Recodified as G.S. 143-215.6A by Session Laws 1989 (Regular Session, 1990), c. 1045, s. 1.
(b) Recodified as G.S. 143-215.613 by Session Laws 1989 (Regular. Session, 1990), c. 1045, s. 2.
(c) Recodified as G.S.- 143-215.6C by Session Laws 1989 (Regular Session, 1990), c. 1045, s. 3.
L43.z215.6A Enforcement procedures: civil penalties.
(a) A civil penalty of not mote than twenty-five thousand dollars ($25,000) may be assessed by the
Secretary against any person who:
(1) Violates any classification, .standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
°( Is required but fails to apply for or to secure a permit required by G.S. 143-215.1,
or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit or any other permit or certification issued pursuant to
r� authority conferred by . this Part, including pretreatment permits issued by local
governments and laboratory certifications.
(3) Violates or fails to act in. accordance with the terms, conditions, or requirements of
any special order or other appropriate document issued pursuant to G.S. 143-
215.2.
(4) Fails to file, submit, or make available, as the case may be, any documents, data,
or reports required by this Article or G.S., 143-355(k) relating to water use
information.
(5) Refuses access to the Commission or its duly designated representative to any
premises for the purpose of conducting a lawful inspection provided for in this
Article.
(6) Violates a rule of the Commission implementing this Part, Part 2A of this Article,
or G.S. 143-355(k). .
(7) . Violates or fails to act in accordance with the statewide minimum water supply
= -watershed management requirements adopted pursuant to G.S. 143-214.5, whether
enforced by the. Commission or a local government.
: (8) Violates the offenses set out, in G.S. 143-215.6B: .
(9) is .required, but fails, to .apply for or to secure a certificate required by G.S. 143-
215.22I, or who violates or fails to act in accordance with the terms, conditions, or
requirements of the certificate. '
(10) Violates. subsections (c 1) through (6) of .G.S... 1443-215.1 or .a -rule. adopted
pursuant to.subsections (cl) through (6) of G.S. 143-215.L
(b) If any action or failure.. to act for which a penalty may be assessed ..under this section is
continuous, the Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per
day for so long as the violation continues, unless otherwise stipulated.
'(b 1) The Secretary may assess. a. civil penalty of more than ten thousand dollars ($10,000) or,. in the
! case of a, continuing violation, more than ten thousand dollars ($10,000) per day, against a violator only
if a civil penalty has been imposed against the violator within the five years preceding the violation. The

§143-215.6A
Secretary may assess a civil. penalty of more than then thousand dollars ($10,000) or, in the case of a
continuing violation, more than ten thousand dollars ($10,000) per day for so long as the violation
continues, for a violation of subdivision (4) of subsection (a) of this section only if the Secretary
determines that the violation is intentional.
�Jffj In determining the amount of the penalty the Secretary shall consider the factors set out in G.S.
143B-282.1(b). The procedures set out in G.S. 143B-282.1 shall apply to civil penalty assessments that
are presented to the Commission for final agency decision.
(d) The Secretary shall notify any person assessed a civil penalty of the assessment and the specific
reasons therefor by registered or certified mail, or by any means authorized by G.S. IA-1, Rule 4.
Contested case petitions shall be filed within 30 days of receipt of the notice of assessment.
(e) Consistent with G.S. 143B-282.1, a civil penalty of not more'than ten'thousand dollars ($10,000)
per month may be assessed by the Commission against any local government that fails to adopt a local
water supply watershed protection program as required by G.S.-143-214.5, or willfully fails to administer
or,enforce the provisions of its program in substantial compliance with the minimum statewide water
supply watershed management requirements. No such penalty shall, be imposed against a local
government until the'Commission has assumed the responsibility for administering and enforcing the
local water supply watershed protection program. Civil penalties shall be imposed pursuant to a uniform
schedule adopted by the Commission, The schedule of civil penalties shall be based on acreage and other
relevant cost factors and shall be designed to recoup the costs of administration and enforcement.
(f) Requests for remission of civil penalties shall be filed with the Secretary. Remission requests shall
not be considered unless made within 30 days of receipt of the notice of assessment. Remission
requests must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter
150B and a stipulation of the facts on which the assessment was based. Consistent with the limitations in
G.S. 143B-282.1(c) and (d), remission requests may be resolved by the Secretary and the violator. If the
Secretary and the violator are unable to resolve the request, the Secretary shall deliver remission requests
and his recommended action to the Committee on Civil Penalty Remissions of the Environmental
l Management Commission appointed pursuant to G.S. 143B-282.1(c).
(g) If any civil penalty has not been paid within 30 days after notice. of assessment has been served on
the violator, the Secretary shall request the Attorney General to institute a civil action in the Superior
Court of any county in which the violator resides or has his or its principal place of business to recover
the amount of the assessment, unless the violator contests the assessment as provided in subsection (d) of
this section, or requests remission of the assessment in whole or in part as provided in subsection (0 of
this section. If any civil penalty has not been paid within 30 days after the final agency decision or court
- order has been served on the violator, the Secretary shall request the Attorney General to institute a civil.
action in the Superior Court of any county in which the violator resides or has his or its principal place of
business to recover the amount of the assessment. Such civil actions must be filed within three years of
the date the final agency decision or court order was served on the violator.
(h) Repealed by Session Laws 1995 (Regular Session, 1996), c. 743, s. 14.
(hl) The clear proceeds of civil penalties assessed by the Secretary or the Commission pursuant to
this section shall be remitted to the. Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-
457.2.
(i) As used in this subsection, "municipality" refers to any unit of local government which operates a
wastewater treatment plant. As used in this subsection, "unit. of local government" has the same meaning
as in G.S. 130A-290. The provisions of this subsection shall apply whenever a municipality that operates
a wastewater treatment plant with an influent bypass diversion structure and with a permitted discharge .
of 10 million gallons per day or more into any of the surface waters of the State that have been classified
as nutrient sensitive waters (NSW) under rules adopted by the Commission is subject to a court order
which specifies (i) a schedule of activities with respect to the treatment of wastewater by the
municipality; (ii) deadlines for the completion of scheduled activities; and (iii) stipulated penalties .for.
failure to meet such deadlines. A municipality as specified herein. that violates any provision of such
order for which a penalty is stipulated shall pay the full amount of such penalty as provided in the order'
unless such penalty is modified, remitted, or reduced by the court.
0) Local governments certified and approved to administer and enforce pretreatment programs by the
Commission pursuant to G.S. 143-215.3(a)(14) may assess civil penalties for violations of their

§143B .
d.. Such duplication of State and federal permit requirements would result in an
unreasonable burden not only on the. applicant, but also on the, . citizens and
resources of the State.
(b) The Environmental Management Commission shall submit quarterly written reports as to its
operation, activities, programs, and progress to the Environmental' Review Commission. The
i Environmental Management Commission shall supplement the written reports required by this subsection
with additional written and oral reports as may be requested by the Environmental Review Commission.
The Environmental Management Commission shall submit the written reports required by this subsection
on or before 15 January, 15 April, 15 July, and 15 October of each year for the preceding calendar
quarter. The Environmental Management Commission shall submit the written reports required by. this
subsection whether or not the General Assembly is in session at the time the report is due.
(c) The Environmental Management Commission shall implement the provisions of subsections (d) and
. .(e) of 33 U.S.C. § 1313 by identifYinand prioritizing impaired waters and by developing appropriate
total rnaximum•daily loads of pollutants for those impaired waters. The Commission shall incorporate
j those total maximum daily loads approved by the United States Environmental Protection Agency into its
continuing basinwide water quality planning process.
(d) The Environmental Management Commission may adopt rules setting out strategies necessary for
assuring that water quality standards'are met by any point or n'onpoint source or by any category of point
or nonpoint sources that is determined by the Commission to be contributing to the water quality
impairment. These strategies may include, but are not limited to, additional monitoring, effluent
limitations, supplemental standards' or classifications, best management practices, protective buffers,
schedules of compliance, and the establishment of and' delegations. to intergovernmental basinwide
groups. (1973, c. 1262, s. 19; 1975, c. 512; 1.977, c. 771, s. 4; 1983; c. 222, s. 3; 1985, c. 551, s. 1; 1989,
c. 652, s. 2; c. 727, s. 218(128); 1989 (Reg. Sess., 1990), c. 1036, s. 1; 1991 (Reg. Sess., 1992), c. 990, s.
j 1; 1993, c. 348, s. 3; 1996, 2nd Ex. Sess., c. 18, s. 27.4(b); 1997-392, s. 2(a), (b); 1997-400, s. 3.2; 1997-
443, s. 11A.I19(a); 1997-458, ss. 8.44, 8.5; 1997-496, s. 16.)
43B-2821. Environmental Management Commission -- quasi judicial powers;
procedures.
(a) With respect to those matters within its jurisdiction, the Environmental Management Commission
shall exercise quasi judicial powers in accordance with the provisions of Chapter 150B of the General
Statutes. This section and any rules adopted by the Environmental Management Commission shall govern
such proceedings:
(1) Exceptions'to'recommended decisions in contested cases shall be filed with the
'of the receipt by the Secretary of the official record from
Secretary within 30 days
the Office of Administrative Hearings, unless additional time is allowed by the
chairman of the Commission.
(2) Oral arguments by the parties may be allowed by the chairman of the Commission
upon request of the parties.
(3) Deliberations of the Commission shall be conducted in its public meeting unless
the Commission determines that consultation with its counsel should be held in a
closed session pursuant to G.S. 143-319.11.
( e final agency decision in contested cases that arise from civil penalty assessments shall be
Made by the Commission. In the evaluation of each. violation, the Commission shall recognize that harm
to the natural resources of the State arising from the violation of standards or limitations established to
protect'those resources maybe immediately observed through damaged resources or may be incremental
or cumulative with . no damage that can be. immediately observed or documented. Penalties up to the
maximum authorized'may be based on any one or combination of the following factors:
(1') The degree and, extent of ban to the natural'resources of the State, to the public.
. health, or to private property resulting from the violation;
j
O 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;

§143B .
(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
). The cost to the State of the enforcement procedures.
(c) The chairman shall appoint a Committee on. Civil Penalty Remissions from the members of the
Commission. No member of the Committee on Civil Penalty Remissions may hear or vote on any matter
in which he has an economic interest. The Committee on Civil Penalty Remissions shall make the final
Agency decision on remission requests. In determining whether a remission request will be approved, the
Committee shall consider the recommendation of the Secretary and the following factors:
(1) Whether one or more of the civil penalty assessment factors in subsection (b) of
this section were wrongly 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;
(5) Whether payment of the civil penalty. will prevent payment for the remaining
necessary remedial actions.
(d) The Committee on Civil Penalty Remissions may remit the entire amount of the penalty only
when the violator has not been assessed civil penalties for previous violations, and when payment of the
civil penalty will prevent payment for the remaining'necessary remedial actions.
(e) If any civil penalty has not been paid within 30 days after the final agency decision or court order
has been served on the violator, the Secretary of Environment and Natural Resources shall request the
Attorney General to institute a civil action in the Superior Court of any county in which the violator
resides or has his or its principal place .of business to recover the amount of the assessment.
(f) As used in this section, "Secretary" means the Secretary of Environment and Natural Resources.
(1989 (Reg. Sess., 1990), c. 1036, s. 2; 1993 (Reg. Sess., 1994), c.,570, s. 5; 1995 (Reg. Sess.,1996), c.
743, s. 21; 1997-443, s. I IA. I19(a).)
§ 143B-283. Environmental Management Commission -- members; selection;� removal;
compensation; quorum; services.
(a) The- Environmental Management Commission shall consist of 13 members appointed by the
Governor. The Governor shall select the members so that the membership of the Commission shall
consist of:
(1) One who shall be a licensed physicianwith specialized training and experience in
the health effects of environmental pollution;
(2) One who. shall, at the time. of appointment, be actively connected with the .
Commission for Health Services or local board of health or have experience in
health sciences;
(3) One who shall, at the time of appointment, be actively connected with or have had
experience in agriculture;
(4) One who shall, " at the time of appointment; be a registered engineer with
specialized training -and experience. in water supply or water or air. pollution
control;
(5) One who shall, at the time of -appointment, be actively connected with or have had
experience in the fish and wildlife conservationactivities of the State;
(6) One who shall, at the time.of appointment, have special training and.scientific
expertise in hydrogeology or groundwater hydrology;
(7) Three members interested in water and air pollution control, appointed from. the
public at large;
(8) . One who shall, at the time of appointment, be actively employed by, or recently
retired from, an industrial manufacturing facility and knowledgeable in the field of
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