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HomeMy WebLinkAboutWQ0015052_Civil Penalty Assessment_PC-2023-0026_20240223ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7022 1670 0000 9974 6118 Return Receipt Requested William Galen Freed Enviro-Tech of North Carolina Inc 113 Duck Woods Dr Southern Shores, NC 27949 NORTH CAROLINA Environmental Quality February 23, 2024 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute (G.S.) 143-215.1(a)(6) and Non -discharge Permit No. WQ0015052 Enviro-Tech of North Carolina Inc Village at Ocean Hill WWTP Case No. PC-2023-0026 Currituck County Dear Mr. Freed: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $9,478.06 ($9,000.00 civil penalty + $478.06 enforcement costs) against Enviro-Tech of North Carolina Inc. This assessment is based upon the following facts: an inspection of the Village at Ocean Hill WWTP was conducted on January 20, 2023. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non -discharge Permit No. W00015052. This inspection has shown the subject facility to be in violation of the conditions and limitations found in Non -discharge Permit No. WQ0015052. The violations found during the inspection are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Enviro-Tech of North Carolina Inc violated the terms, conditions or requirements of Non -discharge Permit No. WQ0015052 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A and the provided Findings and Decision and Assessments of Civil Penalties document. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). N hUmlhaasp wntof F.mVo Ial Quality l oNK aWataeesourtes Washl W.L-yweloltke I WashiW.SW.Matl I WazWWtmN Umfi 27 9 L'3.9461ABI Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, David May, Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Enviro-Tech of North Carolina Inc: 9 000.00 For 5 of the 8 violations of the conditions and limitations specified in Permit No. WQ0015052 . 9$ ,000.00 TOTAL CIVIL PENALTY 4$ 78.06 Enforcement Costs 9 478.06 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 Environmental Quality (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: Wastewater Branch 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 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: Wastewater Branch 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 §15013-23.2) 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: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 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 Robert Tankard with the Division of Water Resources staff of the Washington Regional Office at (252) 948-3921 or via email at robert.tankard@deq.nc.gov. Sincerely, David May, Regional Su isor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2023-0026 County: Currituck Assessed Party: Enviro-Tech of North Carolina Inc Permit No.: WQ0015052 Amount Assessed: $9,478.06 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 ENVIRONMENTAL QUALITY COUNTY OFCURRITUCK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Enviro-Tech of North Carolina Inc ) Village at Ocean Hill WWTP ) PERMIT NO. WQ0015052 ) CASE NO. PC-2023-0026 Having been assessed civil penalties totaling $9,478.06 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 23, 2024, 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 20 SIGNATURE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF Cuff ituck PURSUANT TO NORTH CAROLINA GENERAL STATUE 143-215.1 IN THE MATTER OF Village at Ocean Hill Wastewater ) File No. PC-2023-0026 Treatment and Reclaimed Water ) Utilization System ) FINDINGS AND DECISION FOR VIOLATIONS OF ) AND ASSESSMENTS OF VILLAGE AT OCEAN HILL ) CIVIL PENALTIES PERMIT No. W00015052 ) Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality, I, David May, Water Quality Regional Operations Section Chief of the Division of Water Resources, Washington Regional Office make the following: I. FINDINGS OF FACT: A. Enviro-Tech of North Carolina, Inc. owns and operates the Village of Ocean Hill Conjunctive Wastewater Treatment and Reclaimed Water Utilization system, a wastewater treatment and disposal system in Currituck County. B. The Village at Ocean Hill wastewater treatment and disposal system was permitted under Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052 on March 20, 2009, effective upon issuance, with an expiration date of February 28, 2018. C. Condition No. 1. Schedules, 1. of Permit No. W00015052 states that "No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105( d) requires an updated site map to be submitted with the permit renewal application." D. Condition No. II. Performance Standards, 1. of Permit No. W00015052 states that "The reclaimed water utilization facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters, which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the utilization area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Water Quality Division), such as the construction of additional or replacement wastewater treatment and disposal facilities." E. Condition No. IL Performance Standards, 4. of Permit No. W00015052 states that "Application rates, whether hydraulic, nutrient, or other pollutant shall not exceed those specified in Attachment B." Condition No. III. Operation and Maintenance Requirements, 1. of Permit No. W00015052 states that "The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0913 including operational functions, maintenance schedules, safety measures, and a spill response plan." G. Condition No. III. Operation and Maintenance Requirements, 4. Of Permit No. W00015052 states that "Adequate measures shall be taken to prevent pending or runoff from the reclaimed water utilization areas. H. Condition No. III. Operation and Maintenance Requirements, 8. of Permit No. W00015052 states that "An automatically activated standby power source shall be on site and operational at all times capable of powering all essential treatment units. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source." I. Condition No. III. Operation and Maintenance Requirements, 10. of Permit No. WQ0015052 states that "The residuals generated from these treatment facilities must be disposed / utilized in accordance with 15A NCAC 02T. 1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0914." Condition VI. General Conditions 7. States that "The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority." K. North Carolina General Statute 143-215.1(a)(1), (2), and (9) states that "Activities for Which Permits Required. — Except as provided in subsection (a6) of this section, 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: (1) Make any outlets into the waters of the State.; (2) Construct or operate any sewer system, treatment works, or disposal system within the State.; (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. L. On January 20, 2023, the Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted a compliance inspection and noted the following: End Use -Infiltration: High rate infiltration system still does not meet the wetted area requirements outlined in the permit. At time of inspection, fields were pending and waste high vegetation was growing in the fields. Solids were also seen in the field. Treatment Bar screen: Bar screen is not spaced properly. Operator is using chicken wire to screen influent. Bar screen needs to be replaced. 2 Treatment Sludge Storage/Treatment : Sludge is being disposed of by a non -permitted sludge hauler. End Use -Infiltration: Sprinkler heads were removed from the irrigation system. Effluent was ponding around the risers. Vegetation has taken over the high rate field. Horses are allowed to access the disposal area and solids are everywhere within the spray area. Treatment Filters: The clear well had substantial solids in the basin. The operator backwashed one filter while the inspection was ongoing. The filters never cleared of solids. The operator stated that the backwash was blowing media into the mud well. The filters are not functioning as designed. Treatment Clarifiers: The scum system was not operational and had not been for some time. The sludge blanket was higher than recommended. Standby Power: The Generator is non -operational. The facility is operating under an expired permit and has failed to submit a complete application for renewal. M. The Village at Ocean Hill facility does not have a valid permit for the above -described activity. N. The Village of Ocean Hill received the August 15, 2023, Notice of Violation/Notice of Intent to Enforce on August 21, 2023. 0. The cost to the State of the enforcement procedures in this matter totaled $355.15. Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Enviro-Tech of North Carolina, Inc. is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-212(4). B. Failure to maintain disposal areas as documented by presence of waste high vegetation within the disposal fields is a violation of Condition II.1. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052. C. Presence of residual solids within the disposal fields is a violation of Condition 11.1. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052. D. Presence of ponding within the disposal area is a violation of Condition No. III. Operation and Maintenance Requirements, 4. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052. E. Operation of the system without a true bar screen is a violation of Condition II.1. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. WQ0015052. F. Improper disposal of sludge via a non -permitted sludge hauler is a violation of Condition No. III. Operation and Maintenance Requirements, 10. of Permit No. WQ0015052. G. Failure to maintain the filters in a manner that allows them to function as designed is a violation of Condition II.1. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052. H. Failure to maintain the scum system within the clarifier is a violation of Condition II.1. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052. I. Failure to maintain an operational generator is a violation of Condition III., 8. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052. J. Failure to secure and operate the facility under a valid permit is a violation of Condition VI. 7. of Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Permit No. W00015052 and of North Carolina General Statute 143-215.1(a). K. Enviro-Tech of North Carolina maybe assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. L. The State's enforcement costs in this matter may be assessed against Enviro-Tech of North Carolina, Inc. pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8). M. The Regional Office Supervisor of the Division of Water Resources Water Quality Regional Operations Section, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Facts and Conclusions of Law, I make the following: III. DECISION: Accordingly, Enviro-Tech of North Carolina, Inc. owner of the Village at Ocean Hill wastewater treatment and disposal system, is hereby assessed a civil penalty of: S $ � � �y� For violating Condition No. II.1. of Permit WQ0015052 for presence of excessive weed growth within the disposal area, ponding of wastewater within the disposal area, and failure to maintain the wastewater disposal area. 6C� $�i For violating Condition No. 11.1. of Permit WQ0015052 for the presence of residual biosolids within the disposal area. op $ For violating Condition No. II.1. of Permit WQ0015052 for failure to utilize an influent bar screen. $ For violating Condition No. III.10. of Permit W00015052 for improper disposal of sludge. 00 $ �c For violating Condition No. 11.1. of Permit WQOOI 5052 for failure to maintain and operate filters in a functional capacity. $ Q 00 G -L 000, 00 $ L179 06 $ 91 L173, 06 For violating Condition No. II.1. of Permit WQ0015052 for failure to maintain the clarifiers scum system. For violating Condition No. III.8. of Permit W00015052 for failure to maintain an operational generator. For violating Condition No. VI. 7. of Permit W00015052 for failure to maintain a valid permit. TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DUE As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G. S. 14313-282.l(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 quantity or quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentional; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. W a0`f iChA�A r/ice (Date) David May, SupeAdsW Washington Regional Office Water Quality Regional Operations Section Division of Water Resources ATTACHMENT A Enviro-Tech of North Carolina Inc CASE NUMBER: PC-2023-0026 PERMIT NO: WQ0015052 REGION: Washington FACILITY: Village at Ocean Hill WWTP COUNTY: Currituck VIOLATION VIOLATION PENALTY DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT 112012023 End Use -Infiltration Permit conditions violation High rate infiltration system still does $1,500.00 not meet the wetted area requirements outlined in the permit. At time of inspection, fields were ponding and waste high vegetation was growing in the fields. Solids were also seen in the field. 1/20/2023 Treatment Bar screen Violation detected during Bar screen is not spaced properly. $0.00 inspection Operator is using chicken wire to screen influent. Bar screen needs to be replaced. 1/20/2023 Treatment Violation detected during Operating under expired permit and $4,000.00 inspection failure to resubmit. 1/20/2023 Treatment Sludge Violation detected during Sludge is being disposed of by a $1,000.00 Storage/Treatment inspection non -permitted sludge hauler. 1/20/2023 End Use -Infiltration Violation detected during Sprinkler heads were removed from the $1,000.00 inspection irrigation system. Effluent was ponding around the risers. Vegetation has taken over the high rate field. Also, now horses are allowed to access the area and solids are everywhere within the spray area. 1/20/2023 Treatment Filters Violation detected during The clear well had substantial solids in $0.00 inspection the basin. The operator backwashed one filter while the inspection was ongoing. The filters never cleared of solids. The operator stated that the backwash was blowing media into the mud well. An evaluation of the filter media must be conducted. 1/2012023 Treatment Clarifiers Violation detected during The scum system was not operational $0.00 inspection and had not for some time. The sludge blanket was higher than recommended. 1/20/2023 Standby Power Violation detected during The Generator is non -operational. $1,500.00 inspection DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Enviro-Tech of North Carolina Inc Facility Name: Village at Ocean Hill WWTP Permit Number: W00015052 County: Currituck Case Number: PC-2023-0026 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; Moderately significant — No documented fish kills. The wwtp is not meeting limits and may be a health risk to the public. Exceeding permitted limits have caused Groundwater Violations at the two monitoring wells. The high rate disposal field and the wastewater treatment plant (wwtp) is open to the public. The disposal fields are not owned by the permittee and the permittee does not have a long --term lease. 2) The duration and gravity of the violation; Moderately significant- The permittee no longer operates the wastewater treatment plant (wwtp) and has hired a contract operator. The wwtp operation has deteriorated since the contract operator has taken over. WWTP limits have been exceeded many times and multiple Notices and Assessments have occurred. 3) The effect on ground or surface water quantity or quality or on air quality; Moderately significant- Groundwater violations have occurred at the two monitoring wells. The grouindwater discharges to wetlands and to the Currituck Sound which could cause environmental impacts, 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Unknown. 6) Whether the violation was committed willfully or intentionally; This office does not believe the violations were willful or intentional. 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 Significant- Over the last 24 months the facility received an assortment of Notices and Assessments. The facility has had a chronic history of exceeding TSS, Ammonia and Fecal Limits. The facility also has a history of various monitoring and frequency violations. Recent inspections have shown the facility in a state of disrepair and is not being properly operated or properly maintained. The facility was placed on a moratorium on October 1, 2023 because of the non-conmpliance. 8) The cost to the State of the enforcement procedures. $478.06 A Date David May, Regiona Su rvisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ