NC0024236_Part 2 of 1 Civil Penalty Assessment_Case No. PC-2024-0009_20240605

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STATE OF NORTH CAROLINA
COUNTY OF LENOIR
IN THE MATTER OF
Johnnie Mosley Regional WRIT
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Johnnie Mosley Regional WRF
PERMIT No. NC0024236
PURSUANT TO NORTH CAROLINA
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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File No. PC-2024-0009
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, David May, Water Quality Regional Operations Supervisor of the Division of Water
Resources, Washington Regional Office make the following:
I. FINDINGS OF FACT:
A. City of Kinston owns and operates the Johnnie Mosley Regional WRF a wastewater
treatment and disposal system in Lenoir County.
B. The Johnnie Mosley Regional WRF and disposal system was permitted under Permit No.
NC0024236 effective on February 1, 2024, with an expiration date of January 31, 2029.
C. Condition No. C 4. c of Part II Standard Conditions For NPDES Permits states: (1) Bypass
from treatment facility is prohibited and the Permit Issuing Authority may take enforcement
against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage; (B) There were no feasible alternatives to the
bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or
maintenance during normal periods of equipment down time. This condition is not satisfied if
adequate backup equipment should have been installed in the exercise of reasonable
engineering judgement to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance: and (C) The Permittee submitted notices as
required under Paragraph b. of this section.
D. A bypass of the denitrification filters occurred from April 6, 2024 at 10:55 am through 8:34
am on April 12, 2024.
E. City of Kinston received NOV-2024-PC-0242 on April 23, 2024 for the April 6 —12, 2024
bypass.
F. The cost to the State of the enforcement procedures in this matter totaled $228.94.

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Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. City of Kinston is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. A bypass of the denitrification filters that occurred from April 6, 2024 at 10:55 am through
8:34 am on April 12, 2024 is a violation of NPDES permit NC0024236 permit condition Part
II Section CA.c
C. City of Kinston 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 Kinston pursuant
to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
E. 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, City of Kinston owner of the Johnnie Mosley WRF and disposal system, is hereby
assessed a civil penalty of:
$_7,500.00
For violating NPDES Permit Special Condition Part II. Section C.4.c
Prohibition of Bypass.
$ 7,500.00
TOTAL CIVIL PENALTY
$ 228.94
Enforcement costs
$ 7,728.94
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. 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;
2

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(5)
(6)
(7)
(8)
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentional;
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;
The cost to the State of the enforcement procedures.
Doc uSig ned by:
6/5/2024 rv—�
(Date) Dav' IS�c,696isor, Washington Regional Office
Water Quality Regional Operations Section
Division of Water Resources