NC0021253_F&D_20240416

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IN THE MATTER OF
Havelock WWTP
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Havelock WWTP
PERMIT No. NC0021253
PURSUANT TO NORTH CAROLINA
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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File No. DV-2024-0050
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 March 2, 2024, around 10:30 am the sand filters started overflowing due to the sludge
blankets being pushed out of the Clarifiers and blinding the sand filters. The sand filters
overflowed on March 2, 2024 from 10:30 am through 1:30 pm with this bypass reaching East
Prong of Slocum Creek. The sand filters were bypassed from 1:30 pm on March 2, 2024
through 12:21 am on March 3, 2024. Approximately 250,000 gallons of partially treated
wastewater reached the adjacent wetlands and the East Prong of Slocum Creek.
D. City of Havelock received the March 19, 2024, Notice of Violation/Notice of Intent to Assess
Civil Penalty on March 21, 2024.
E. The cost to the State of the enforcement procedures in this matter totaled $228.94.
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 391603 N
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
$ 228.94
Enforcement costs
$ 10,228.94
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. 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 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.
4/16/2024 Plo(.tnz TIW "
(Date) Robert Tankard, Assistant Supervisor, Washington Regional Office
Water Quality Regional Operations Section
Division of Water Resources
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