NC0021253_DV-2024-0031_20240310

- CIVIL PENALTY ASSESSMENT
Violator: City of Havelock
Facility Name: Havelock WWTP
Permit Number: NCO021253
County: Craven
Case Number: DV-2024-0031
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;
Significant
The discharge of partially treated wastewater has the potential to adversely impact the receiving stream, which may not be
immediately quantifiable. Wastewater with high nutrients can cause algae blooms and fish kills to the waters of the State.
Also, fecal coliform and bacteria can be harmful to the public health.
2) The duration and gravity of the violation;
Significant
On January 13, 2024, around 4:45 pm an underground pipe that connected the first stage aeration basin to the
influent pump station started leaking. The leak was stopped around 1:00 pm on January 14, 2024 while plant
personnel was completing a site visit. It was first reported that the spill did not reach waters of the State and was contained
on site. Approximately 500,000 gallons of wastewater was released and it is estimated that 200,000 gallons reached the
adjacent wetlands and the East Prong of Slocum Creek.
3) The effect on ground or surface water quantity or quality or on air quality;
Significant
The solids from the wastewater treatment plant bypass reached East Prong of Slocum Creek. Wastewater with high
nutrients can cause algae blooms and fish kills to the waters of the State.
4) The cost of rectifying the damage;
Havelock paid for the clean up!
Havelock contracted Enviro Assessments East Inc. to clean up the spill.
5) The amount of money saved by noncompliance;
No money was saved since the City hired an outside firm to clean up the spill.
6) Whether the violation was committed willfully or intentionally;
No. The bypass was caused by a break in an underground pipe that connects the first stage aeration basin to a manhole to
the Influent pump station
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
No civil penalties were issued over the previous twelve months.

8) The cost to the State of the enforcement procedures.
$ 352.20
3/10/2024
Pow Tom•"
Date Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7021 2720 0001 5875 5060
Return Receipt Requested
Will Lewis, Mayor
City of Havelock
1 Governmental Ave
Havelock, NC 28532
Tg. STF E
NORTH CAROLINA
Envlronmenral Quality
March 10, 2024
SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO021253
City of Havelock
Havelock WWTP
Case No. DV-2024-0031
Craven County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $10,352.20 ($10,000.00 civil
penalty + $352.20 enforcement costs) against City of Havelock.
This assessment is based upon the following facts: On January 13, 2024, around 4:45 pm an underground pipe that connected
the first stage aeration basin to the influent pump station started leaking. The leak was stopped around 1:00 pm on January 14,
2024 while plant personnel was completing a site visit. Approximately 500,000 gallons of wastewater was released and it is
estimated that 200,000 gallons reached the adjacent wetlands and the East Prong of Slocum Creek. A review has been
conducted of the 5 Day reporting form submitted by Rodney George. This review has shown the subject facility to be in
violation of the requirements found in Permit No. NCO021253 and G.S. 143-215.1(a)(1). The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Havelock violated the terms, conditions or requirements
of NPDES Permit No. NCO021253 and G.S. 143-215.l(a)(1) 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).

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, Robert
Tankard, Assistant Regional Office hereby make the following civil penalty assessment against:
$10,000.00 For 1 of the 1 violations of Collection System Permit No. NCO021253 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$10,000.00 TOTAL CIVIL PENALTY
352.20 Enforcement Costs
$10,352.20 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. I (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 § 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
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 Robbie Bullock with the Division of Water Resources staff of the Washington
Regional Office at 252-948-3843 or via email at [e-mail].
Sincerely,
Zagva T.cy."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2024-0031 County: Craven
Assessed Party: City of Havelock
Permit No.: NC0021253 Amount Assessed: 10,352.20
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 OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Havelock )
Havelock WWTP 1
PERMIT NO. NCO021253 ) CASE NO. DV-2024-0031
Having been assessed civil penalties totaling $10,352.20 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 10, 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 , 20
SIGNATURE
r: 113: xy
TELEPHONE

ATTACHMENT A
PERMIT NO: NC0021253
FACILITY: Havelock WWTP
OTHER VIOLATION
Incident Violation
Number Date
City of Havelock
CASE NUMBER: DV-2024-0031
Violation Type
REGION: Washington
COUNTY: Craven
Violation Description
Penalty
Amount
202400285 1-13-2024 Unpermitted Discharge Underground line from first stage aeration basin
leaked which cause sludge to be discharged to $10000.00
East Prong of Slocum Creek

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF
Havelock WWTP
lTOZIIV/to] W.1%I1612KD]I
Havelock WWTP
PERMIT No. NC0021253
PURSUANT TO NORTH CAROLINA
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No. DV-2024-0031
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, Robert Tankard, Assistant Water Quality Regional Operations Supervisor of the Division of
Water Resources, Washington Regional Office make the following:
I. FINDINGS OF FACT:
A. City of Havelock owns and operates the Havelock WWTP, a wastewater treatment and
disposal system in Craven County.
B. The Havelock WWTP and disposal system was permitted under Permit No. NC0021253
effective on May 1, 2020, with an expiration date of June 30, 2024.
C. On January 13, 2024, around 4:45 pm an underground pipe that connected the first stage
aeration basin to the influent pump station started leaking. The leak was stopped around 1:00
pm on January 14, 2024 while plant personnel was completing a site visit. Approximately
500,000 gallons of wastewater was released and it is estimated that 200,000 gallons reached
the adjacent wetlands and the East Prong of Slocum Creek.
D. City of Havelock received the January 26, 2024, Notice of Violation/Notice of Intent to
Assess Civil Penalty on January 29, 2024.
E. The cost to the State of the enforcement procedures in this matter totaled $352.20.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. City of Havelock is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S.
143-212(4).

B. 143-215.1 Control of sources of water pollution; permits required. (a) 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 compiled with all conditions set forth in the
permit: (1) make any outlets into the waters of the State
C. City of Havelock may be 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.
D. The State's enforcement costs in this matter may be assessed against City of Havelock
pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282. 1 (b)(8).
E. The Assistant 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, City of Havelock owner of the Havelock WWTP, is hereby assessed a civil penalty
of:
$_10,000.00_
Making an outlet to the waters of the State
$ 10,000.00
TOTAL CIVIL PENALTY
$ 352.20
Enforcement costs
$ 10,352.20
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. 14313-282.1(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 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.
3/10/2024 Plow T""
(Date) Robert Tankard, Assistant Supervisor, Washington Regional Office
Water Quality Regional Operations Section
Division of Water Resources
2