NC0025763_LV-2015-0275_20151221

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PAT MCCRORY
DONALD F. i :\ DEF. 's'i't T
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Certified Mail# 7014 2120 0000 8057 9402
Return Receipt Requested
December 21>2015 RECEIVED/DENR/DWR
Dean Lambeth
Town of Kure Beach DEC 2 8 2015
1 17 Settlers Ln
Kure Beach,NC 28449-3943Water `
Permitting Section
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 WW Permit No. NC0025763
Town of Kure Beach
Kure Beach WWTP
Case No. LV-2015-0275
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,282.90($1,100.00 civil penalty
+ $182.90 enforcement costs)against Town of Kure Beach.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Town of Kure Beach for the month of September 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0025763. The
violations,which occurred in September 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Kure Beach violated the terms, conditions or
requirements of NPDES Permit No.NC0025763 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 Environmental Quality 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 Kure
Beach:
State of North Carolina Environmental Quality Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

$100.00 I of the 1 violations of 143-215.1(a)(6)and NPDES Permit No.NC0025763, by discharging waste
water into the waters of the State in violation 6f the Permit Daily Maximum for CHLORLNE.
$500.00 1 of the 1 violations of l43-215.1(a)(6)and NPDES Permit No.NC0025763, by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$500.00 2 of the 2 violations of 143-215.1(a)(6)and NPDES Permit No.NC0025763, by discharging waste
water into the waters of the State in violation of the Permit Weekly Average for BOD-Conc.
$1,100.00 TOTAL CIVIL PENALTY
$182.90 Enforcement Costs
$1,282.90 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:
(l) 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:
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 DEQ as follows:
Mr. Sam M. Hayes. 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 Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910) 796-7215 or via email at [e-mail].
Sincerely,
Jaiin6 H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office- Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)

•
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0275 County: New Hanover
Assessed Party: Town of Kure Beach
Permit No.: NC0025763 Amount Assessed: $1,282.90
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.l(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 NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Kure Beach )
Kure Beach WWTP )
)
PERMIT NO. NC0025763 ) CASE NO. LV-2015-0275
Having been assessed civil penalties totaling$1,282.90 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 21, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Kure.Beach
CASE NUMBER: LV-2015-0275
PERMIT: NC0025763 FACILITY: Kure Beach WWiP COUNTY: New Hanover REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PP, LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 9-2015 001 Effluent BOD-Conc 9/5/15 Weekly mg/i 45 69 53.3 Weekly Average Exceeded
$250.00 9-2015 001 Effluent BOD-Conc 9/26/15 Weekly mg/I 45 62 37.8 Weekly Average Exceeded
$500.00 9-2015 001 Effluent BOD-Conc 9/30/15 Weekly mg/I 30 36.60 22.0 Monthly Average Exceeded
$100.00 9-2015 001 Effluent CHLORINE 9/29/15 2 X month ug/! 13 50 284.6 Daily Maximum Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Kure Beach
Facility Name: Kure Beach WWTP
Permit Number: NCO025763
County: New Hanover
Case Number: LV-2015-0275
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; y
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2) The duration and gravity of f6 violation;
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3) The effect on ground or surface water quantity or quality or on air quality;
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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
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8) The cost to the Sfate of the enforcement procedures.
$182.90
Date James )ftl. Gregson, Regional upervisor
Water 6uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

•
North Carolina Department of Environmental Quality
Pat McCrory Donald R.van der Vaart
Governor Secretary
November 16, 2015
CERTIFIED MAIL #7014 2120 0000 8057 9358
RETURN RECEIPT REQUESTED
Dean Lambeth, Mayor
Town of Kure Beach
117 Settlers Ln
Kure Beach, NC 284493943
Subject: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0748
Permit No. NC0025763
Kure Beach WWTP
New Hanover County
Dear Hon Lambeth:
A review of Town of Kure Beach's Discharge Monitoring Report forthe Kure Beach WWTP submitted forthe month of
September 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
TRC 9/29/2015 13.000 ug/I 50.000 ug/I Daily Maximum Exceeded
BOD, 5-Day 9/26/2015 45.000 mg/I 62.000 mg/I Weekly Average Exceeded
BOD,5-Day 9/5/2015 45.000 mg/I 69.000 mg/I Weekly Average Exceeded
BOD, 5-Day 9/30/2015 30.000 mg/I 36.600 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.
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

•
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.
Reminder: Pursuant to Permit Condition 6 in Section E,the Permittee is required to verbally notify the 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 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,
James\Grjegson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: DWQ/Wilmington Regional Office-Green File
Central Files,Water Quality Section

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EFFLUENT c,
\ • :,
NPDES PERMIT NO. NC0025763 DISCHARGE NO. 001 MONTH SEPTEMBER YEAR 2015
FACILITY NAME Town of Kure Beach CLASS II COUNTY New Hanover
CERTIFIED LABORATORY(1) Environmental Chemists,Inc. CERTIFICATION NO. 37721
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC)Paul Stacey GRADE II CERTIFICATION NO.991088
PERSON(S)COLLECTING SAMPLES Paul Stacey ORC PHONE [phone] ��--�t
CHECK BOX IF ORC HAS CHANGED _� NO FLOW/DISCHARGE FROM SITE*
Mail ORIGINAL and ONE COPY to: :: j ,;�� `®�j®y p�'
ATTN:CENTRAL FILES 1 x ! _EE d'�'
DIVISION OF WATER QUALITY (SIGNATURE F OPERATOR RESPONSIBLE CHARGE) DATE
1617 MAIL SERVICE CENTER 'BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 -I:... ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
m 50050 00010 _ 00400 50060 00310 00610 00530 31616 00300 00600 00665 612111 P E x FLOW W e z 0 O co ENTER PARAMETER CODE ABOVE
t o H EFF 0 ~to M 2 a Q W J w J* W, ,1 W J m NAME AND UNITS BELOW
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HRS HRS Y/B/N MGD ° C UNITS UG/L MG/L MG/L MG/L N/100ML MG/L MG/L MG/L
>69 0.50 14 • 12:4`" 5.71 46
1 9:00 1:00 'Y 0.063'` 27 7:1 18:00 ',
2 7:00 0.50 Y 0.055 27
3 7:00 0.50 Y 0.048 27 26.00
4 7:00 0.50 Y 0.119 27 _ -
5 0.125
6 0.125
7 H 0.125 ,.'a 3,',
8 7:00 0.50 Y 0.125 27
9 7:001:00 Y 0.106 27 7 36.00 14 0:30 159 {
10 7:00 0.50 Y 0.094 25 1
11 7:00 0.50 Y 0.083 24 23.00
12 _ 0.073
i3 0.073
14 7:00 0.50 Y 0.073 24 1
15 7:00 0.50 Y 0:064 24
16 7:00 1.00 Y 0.057 25 7.1 _ 30.00 18 _ 45.10 21,9 1
17 '7:00.0.50 Y '0:052 25
18 7:00 0.50 Y 0.063 24 35.00 {
19 0:066
20 0.066 -
21 '7:00-0:50 Y: 0.0.661 25 yg 4. 0) rte r
22 7:00 0.50 Y 0.057 25 L`';`
23 7:00 0.50 B 0.050 25 . : ,
24 7:00 1.00 Y 0.045 25 7.2 37.00 >62 0.40 13.6 , -"VatE (L(Eifli;'R§Pinrx I
25 7:00 0.50 Y 0:063 25 Opera loris Sept ops
26 0.116
W.?f wco.rt Regio!al ,i ,:
27 0116
28 7:00 0.50 Y 0.116, 25
29 7:00 1.00 Y 0.119 25 7.3 50.00 20 0.30 23.5 , 14
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AVERAGE 0.081 25 7.14 31.88 10 9.32 18 4
MAXIMUM 0:125 27 7.3 50.00 20 45:10 23.5 46
MINIMUM 0.045 24 7 18.00 14 0.00 13.6 : 1
Comp.(C)/.Guth`(G) 0.084 ,
Monthly Limit
DWQ Form MR-1(11/04)

EFFLUENT
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant iK
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.
"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."
��./,� E gt-eh% J�
Permittee ease print or
/ ' E I. . /,/a//--
,,ignature of'rmittee*** Date - `
(Required..ss submitted electronically)
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at
[phone] or by visiting the Surface Water Protection Section's web site
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
entered for all of the parameters on the DMR for the 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 the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B.0506(b)(2)(D).
DWQ Form MR-1 (11/04)