NC0021881_LVNC0021881 LV-2015-0171_20150904

ITXMI-
rENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7013 1090 0000 6092 9696
Return Receipt Requested
September 04, 2015
Harry W Foley
Town of Lake Waccamaw
PO Box 145
Lake Waccamaw, NC 28450-0145
Donald R. van der Vaart
RECEIVED/DENR/DWR
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. NCO021881
Town of Lake Waccamaw
Lake Waccamaw WWTP
Case No. LV-2015-0171
Columbus County ,
Dear Permittee:
SEP 1. 1 2015
Water Quality
Permitting SectiOP
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,183.50 ($1,000.00 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 June 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 June 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. NCO021881 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: w-ww.nedenr gov <http://ww•w.ncdenr.gov>
An Equal Oppoilunity 1 Affirmative Action Employer - Made in pan by recycled paper

750.00 1 of the 1 violations of 143-215. 1 (a)(6) and NPDES Permit No.NC0021881, by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for N TH3-N - Cone.
$250.00 1 of the 1 violations of 143-215. 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.
$1,000.00 TOTAL CIVIL PENALTY
183.50 Enforcement Costs
1 183.50 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

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

Oxon 3:)F'ile 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 yod 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,
forS. Jay 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)
-XPDES Enforcement F,k + �� attac hment�
Central Files, Water Quality Section (w/attachments)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: L,V-2015-0171 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NC0021881 Amount Assessed: $1,183.50
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.I(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. NCO021881 ) CASE NO. LV-2015-0171
Having been assessed civiltpenalties totaling $1,183.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 04, 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
ADDRESS
TELEPHONE
SIGNATURE
.20

ATTACHMENT A
Town of Lake Waccamaw '
CASE NUMBER LV-2015-0171
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
6-2015 001 Effluent FEC COLI
6/13/15
3 X week
#/100m1
400 52420
31.0
Weekly Geometric Mean Exceeded
$750 00
6-2015 001 Effluent ' NH3-N - Conc
6/30/15
Weekly
mg/1
2 2.50
27.1
Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Fake Waccamaw
Facility Name: Lake Waccamaw WWTP
Permit Number: NC0021881
County: Columbus
Case Number: LV-2015-0171
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;
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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;
/Y /i
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
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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
A,, Cam.-%'%J(._L`.!-✓L-='i•v v'3�l'1 ..�� 7—r
8) The cost to the State of the enforcement procedures.
$183.50
/o V/ 41
-
Date Ames:H. Gregson, Reg*[ nal Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR

MC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Donald R. van der Vaart
Governor
Secretary
August 6, 2015
CERTIFIED MAIL # 7013 1090 0000 6092 9559
RETURN RECEIPT REQUESTED
Harry W Foley
Town of Lake Waccamaw
PO Box 145
Lake Waccamaw, NC 28450-0145
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0494
Permit No. NCO021881
Lake Waccamaw WWTP
Columbus County
Dear Mr Foley:
A review of Town of Lake Waccamaw's Discharge Monitoring Report for the Lake Waccamaw WWTP submitted for
the month of June 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter
Date
Limit Value
Reported Value
Limit Type
Fecal Coliform
6/13/2015
400.000 #/100ml
524.150 #/100ml
Weekly Geometric Mean Exceeded
Ammonia
6/30/2015
2.000 mg/I
2.540 mg/I
Monthly 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
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
An Fniml nnnnrtunity \ Affirmative Action Emplover— Made in part by recVcied paper

Reminder: Pursuant to Permit Condition 6 in Section E, the Perm ittee is required to verbally notify the RVio I
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance
the facility including limit violations, bypasses of, or failure of a treatment unit. A written repor
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.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,
Jar'�e,5 regson, 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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PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Micbael J Prostinak
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Columbus
ORC CERT NUMBER: 9587
STATUS: Processed
SUBMISSION DATE: 07/17/2015
wz� �'�° °"�' 07/15/2015
ORC/Certifier Signature: Michael Joseph Prostinak E-Mail:wwtplw@embargmail_com Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the -best of my knowledge.
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 monthly limits for our Ammonia Nitrogen average was exceeded A contributing factor is probably excessive vegetation in Polishing Pond. Vegetation
being removed at this time. We also exceeded the limits for our Fecal Coliform weekly average during the 2nd week. Difficulty adjusting the Chlorimeter was probably a
contributing factor for this violation.
07/17/2015
Permittee/Submitter Signature:*** Harry 'V. Foley E-Ma)(:[e-mail] Phone #:[phone] Date
Permittee Address: 1692 Dupree Landing Rd Lake Waccamaw NC 28450 Permit Expiration Date: 07/31/2019
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: Environment One, Inc.
CERTIFIED LAB #: 10
PERSON(s) COLLECTING SAMPLES: Michael Prostinak/Percy Watts
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swpWnpdes/forms.
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).

PERMIT VERSION: 4.0
CLASS: WW -2 ,
ORC: Michael J Prostmak
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Columbus'
ORC CERT NUMBER: 9587
STATUS: Processed
COMPLIANCE: Non -Compliant CONTACT PHONE #: [phone] SUBMISSION DATE: 07/17/2015
�i 07/15/2015
ORC/Certifier Signature: Michael Joseph Prostinak E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the -best of my knowledge_
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 monthly limits for our Ammonia Nitrogen average was exceeded. A contributing factor is probably excessive vegetation in Polishing Pond. Vegetation
being removed at this time. We also exceeded the limits for our Fecal Cohfonn weekly average during the 2nd week. Difficulty adjusting the Chlorimeter was probably a
contributing factor for this violation.
07/17/2015
Permittee/Submitter Signature:*** Harry W. Foley E-Ma,�I:lwtownmanager(Qa embargmail.com Phone #:[phone] Date
Permittee Address: 1692 Dupree Landing Rd Lake Waccamaw NC 28450 Permit Expiration Date: 07/31/2019
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: Environment One, Inc.
CERTIFIED LAB #: 10
PERSON(s) COLLECTING SAMPLES: Michael Prostinak/Percy Watts
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/Ps/npdes/forms.
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).