NC0026000_LV20150150_20150831

ME
W-
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7013 1090 0000 6092 9658
Return Receipt Requested
August 31, 2015
Al Jack Leonard, Jr
Town of Tabor City
PO Box 655
Tabor City, NC 28463-0655
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. NCO026000
Town of Tabor City
Tabor City WWTP
Case No. LV -2015-0150
Columbus County
Dear Permittee:
Donald R. van der Vaart
Secretary
RECEIVED/DENR/DWR
SEP 0 4 2015
water QUAY
Permming on
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 Tabor City.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Tabor City for the month of May 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. NC0026000. The violations, which
occurred in May 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Tabor City violated the terms, conditions or
requirements of NPDES Permit No. NCO026000 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 Tabor City:
127 Cardinal Drive Extension. Wilmington, Noilh Carolina 28405
Phone: [phone] \ Internet: www.ncdenr.-ov <http://www.ncdenr.go�>
An Equal Opportunity \ Affnlnati�e Action Employer - Made in pail by recycled paper

$250.00 1 of the 2 violations of 143-215.1(a)(6) and NPDES Permit No.NC0026000, by discharging waste
water into the waters of the State in violation of the Permit Weekly Average for MERCURY -
Conc.
$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. 14313-282.1(b), which are:
(1)The''de& 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

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

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.

If, you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincerely, rF
F
jbi,S' ay Zimmerman, P.G.
Director, Division of Water Resources, NCDENR
By James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File (w/attachments)
' PDES Cornplian:c Enfor=cnt Unit - Enforcement File i,,.� auachnientO
Central Files, Water Quality Section (w/attachments)

ATTACHMENT
Town of Tabor City
CASE NUMBER LV -2015-0150
PERMIT: NCO026000
FACILITY: Tabor City 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 5-2015
001 Effluent MERCURY - Conc 5/9/15 Weekly
ng/I
12 38 10
2175
Weekly Average Exceeded
$0.00 5-2015
001 Effluent MERCURY - Conc 5/16/15 Weekly
ng/I
12 14.30
192
Weekly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Tabor City
Facility Name: Tabor City WWTP
Permit Number: NCO026000
County: Columbus
Case Number: LV -2015-0150
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, onto private
property resulting from the violation;
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2) The duration and gravity of the violation;
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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;
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
�r'"CLJc";,-� �' ! j �1-`` j C,L u.{ ��i�.'�%�•L� ..f`'?"�-t'2t1%��tri::.�.>>�L(' _.E��'�. �'' �.c'` [i i�'� / � �?�
8) The cost to the State of the enforcement procedures.
$183.50
Date James :-Gregson, R giunat Supervisor
Water Quality RegiAal Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR

ANf ffi��t�
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Mond' flJ
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Pat McCrory
Governor
North Carolina Department of Environment and Natural Resources
July 9, 2015
CERTIFIED MAIL # 7013 1090 0000 6092 9481
RETURN RECEIPT REQUESTED
Al Leonard
Town of Tabor City
PO Box 655
Tabor City, NC 28463-0655
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0437
Permit No. NCO026000
Tabor City WWTP
Columbus County
Dear Mr Leonard:
Donald R. van der Vaart
Secretary
A review of Town of Tabor City's Discharge Monitoring Report(s) for the Tabor City WWTP submitted for the month
of May 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter
Date
Limit Value
Reported Value
Limit Type
Mercury
5/16/2015
12.000 ng/1,
14.300 ng/I
Weekly Average Exceeded
Mercury
5/9/2015
12.000 ng/1
38.100 ng/1
Weekly Average 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
Vou 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
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notifythe 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 a -DMR process for completion and
submittal of monthly monitoring reports, for more information please visit our website at:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
If you should have any questions, please do not hesitate to contact Dean Hunkele with the Water Quality Section at
[phone] or via email at [e-mail].
Sincerely,
i
James'G son, 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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S PERMIT NO.:.NC0026000 PERMIT VERSION: 3.0
ILITY 4sME: Tabor City WWTP CLASS: WW -3.
WNER NAME: Town of Tabor City ORC: Stephanie Moore
GRADE: WW -4. ORC HAS CHANGED: No
PERMIT STATUS: Expired
COUNTY: Columbus
ORC CERT NUMBER: 11699
eDMR PERIOD: 05-2015 (May 2015) VERSION: 1.0 STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
c
E
U
E
E
U
1;
F
E
f.
— O
< f-- h I
OU e
tc
O O O 7
C0600
Monthly
Composite
TOTAL N - Cone
C0665
Monthly
Composite
TOTAL P- Cone
NCO)
Annually
Grab
ANN POL SCAN
01092
Monthly
Composite
ZINC
TGP3B
Quarterlyuntil failure
Composite
CER17DPF
01042
Monthly
composite
COPPER
COMER
Weekly
Grab
MERCURY- Cone
2400
Hrs
2400 Hrs Y/B/N
mg/I
m
yes=l no=0
mg/I
ass/fail
mg/I
ng/1
1
0800 20 B
2
3
4
1030
24
0915 2.3 Y
381
5
1030
24
0900 3 0 B
6
1030
24
0745 3 0 B
10.3
177
0 029
0.003
7
0915 1.8 Y
8
0900 3.5 B
9
10
11
1030
24
0900 25 Y
12
1030
24
0930 30 Y
143
13
1030
24
0915 25 Y
34
1030
24
0930 2.3 Y
15
1030 20 B
16
17
18
1030
24
0915 28 Y
19
1030
24
0945 28 Y
4.78
20
1030
24
0330 35 B
21
0930 23 Y
22
1000 1 5 Y
23
24
25
1030
24
0945 08 Y
26
1030
24
0915 20 Y
238
27
1030
24
0845 3.0 B
28
0900 30 B
29
0830 30 B
30
31
Monthly Average Limit:
Monthly Average.
103
177
0.029
0 003
1489
Daily Maximum
103
177
0029
0 003
38 1
Daily Minimum,
10.3
177
0029
0.003
238
Monthly Avg % Removal (85%).

PERMIT VERSION: 3.0
CLASS: WW -3.
ORC: Stephanie Moore
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Expired
COUNTY: Columbus
ORC CERT NUMBER: 11699
STATUS: Processed
SUBMISSION DATE: 06/25/2015
ORC/Certifier Signature: Stephanie Moore E-Mail:[e-mail] Phone #:[phone]
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
06/25/2015
Date
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit
COMMENTS: The facility exceeded the weekly average for low level mercury on May 4 & 12, 2015. There has been no determination of the cause of high LL Hg. The EPA
will visit the site on July 1, 2015 for inspection and sampling.
j i, 06/25/2015
Permittee/Submitter 'Signature:*** Stephanie Moore E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 244 US Hwy 701 Bypass N Tabor City NC 28463 Permit Expiration Date: 08/31/2014
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 managed 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 aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: Meritech, Inc II, Mentech, Inc; Environmental Chemists, Inc
CERTIFIED LAB #: 602,165,94
PERSON(s) COLLECTING SAMPLES: Plant Operating Personnel
PARAMETER CODES
Parameter Codes assistance may be obtained by calling the NPDES Unit [phone] or by visiting the Surface Water Protection Section's web site at
http://portal.ncdenr.org/web/wq/swp and linking to the unit's information pages.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee. If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).