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NC0021881_LV20160109_20160607
PAT10CCRORV �• ticrerac.r DONALD R. VAN DER.VAART Yb�ate�f�esautce� IENVIIz6NMV:NYAi 60ALI7Y S. SAY ZIAJMERh3AN �i?i EGR7?" Certified Mail#7013 2630 0002 1133 6631 Return Receipt Requested RECEIVEDINCDEQI WR June 07,2016 JUN 17 2016 ter Harry W Foley Perm tfi ng Section Town of Lake Waccamaw PO Box 145 Lake Waccamaw,NC 28450-0145 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.NCO021881 Town of Lake Waccamaw Lake Waccamaw WWTP Case No.LV-2016-0109 Columbus County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$429.75 ($312.50 civil penalty+ $117.25 enforcement costs)against Town of Lake Waccamaw. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Lake Waccamaw for the month of March 2016. 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.NC0021881. The violations,which occurred in March 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Lake Waccamaw violated the terms,conditions or requirements of NPDES WW Permit No.NCO021881 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 i 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, I Regional Supervisor,Wilmington Regional Office hereby make the following civil penalty assessment against Town of Lake Waccamaw: I I i State of North Carolina I Environmental Quality I Water Resources ` 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 910-796-7215 I $312.50 1 of the 1 violations of 143-215.1(a)(6) and Permit NO.NC0021881,by discharging waste watei into the waters of the State in violation of the Permit Weekly Geometric Mean for FEC COLL $312.50 TOTAL CllVIEL PENALTY $117.25 Enforcement Costs $429.75 TOTAL AMOUNT DUE Pursuant to G.S. 143-21 5.6A(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 penallty: 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 of4egal 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 Administratnve Hearings: r 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: (919) 733-2698 Fax: (919) 733-3478 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(3 0) 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 dean.hunkele@ncdenr.gov. Sincerely, J`airnqes . Gregson,Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Wilmington Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File JUSTIDFI<CATION FOR REMISSION JR]EOIEST Case Number: LV-2016-0109 County: Columbus Assessed Party: Town of Lake Waccamaw Fermit No.: NCO021881 Amount Assessed: $429.75 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: i i a i I STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF COLUMBUS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of]Lake Waccamnaw ) (Lake WaccamIlaw WWT)P ) PERMIT NO.NCO021881 ) CASE NO. LV-2016-0109 Having been assessed civil penalties totaling$429.75 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 07, 2016,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(3 0) 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 Lake Waccamaw CASE NUMBER: LV-2016-0109 PERMIT: N0002180.1 REGION: Wilmington FACILITY: Lake Waccamaw 1MWTP COUNTY: Columbus LIMIT VIOLATIONS➢ SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type amount 3/12/2016 3-2016 Coliform, Fecal MF, 3 X week #/100ml 400 1039.50 159.9 Weekly $312.50 M-FC Broth,44.5C Geometric Mean Exceeded IlD><V]1SION OF WATER RESOURCES- CAVIL PENALTY ASSESSMENT Violator; Town of(Lake Waccamaw ]Facility Name: ]Lake Waccamaw WWT P Permit Number: N CO021881 County: Columbus Case lumber; ILV-2016-0109 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; , �,� F Am� � � r�� B) The duration and gravity of the violation; °% ✓ `�-,,, E� � t� _ y tel, 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 4 , S) The cost to the State of the enforcement procedures. X117.85 Cs 77//6, Date Jax4es . Gregson,Reginal Supervisor Wates, uality Regional Operations Section Wilmington Regional Office )[Division of Water Resources,NCDEQ 1VIPIDES PIFRMIT NO.:NCO021881 ]PlERMffT VERSION:4;0 IPERM[IT STATUS:Active FACHIL1T'lY NAME:Lake Waccamaw W WTP CLASS:VAV-2 - .l COUNTY:Columbus OWNER NAME:Town of Lake Waccamaw ORC:Ndichael J Prostinak ORC CERT NUMBER:9587 GRADE:WW-2 ORC IIAAS CHANGED:No eIIDMR PERIOD:03-2016(March 2016) VERSION-1.0 2 5 �J[ STATUS:Processed SA O LIlNG LOCATION. Il .I=;,MN .,` 91S CH GIE NO.: 001 E £ w C0310 C0530 � F c a a O E = E m n ¢ H m ac $ weekly Weekly Composite Composite a o 19 o fJ F 1+ O O O a tx BOD-Cone ISS-Cone 2400 dock Bra 7400 clock Hrs YB/N m90 mgn Y 0900 8 Y 2 1000 0900 8 Y 3 1000 24 0900 8 Y 85 115 4 0900 8 Y 5 6 7 0900 8 Y 8 0900 8 Y 9 1000 0900 8 Y 10 1000 24 0900 8 Y 103 114 11 109DD 8 Y 12 13 14 0900 8 Y 15 1000 0900 8 Y 16 1000 24 0900 8 Y 125 163 17 0900 8 Y 18 0900 8 Y 19 20 21 0900 8 Y 22 0900 8 Y 23 1000 0900 8 Y 74 1000 24 090 8 Y 131 220 25 26 27 28 0900 B Y 29 0900 8 Y 30 1000 0900 8 Y 31 11000 24 0900 8 Y 74 166 Monthly Average Limit• Monthly Average: 103.6 155.6 Daily Maximum: 131 220 Daily Minimum: 74 114 46#°No Reporting Reason:ENFRUSE=NoFlow-Reuse/Recycle;ENVNTHR=No Visitation—Adverse Weather;NOFLOW=No Flow;HOLIDAY=NoVisitation—Holiday WAY 0.2 2Q16 lAlater'Duality Regional nWilmington Regional Section office ° r e V V. J 4t N A W N p O os V Q U W N w C b w V T U 8. W N I-+ Date Composite Semple o Time 4 a a a a a Total Composite Time w H Operator Arrival Time � C3 00 II �I Operator Time On Site N 00 2 p k k k k k k k k k k k k k k k k k k k k � ORCOnSIIeY°O � 9 En No Reporting 1,^ a Reason.QOq y� n 65 E4 II lA to VJbi � N N r N V� V ~ W w � r V W V to q q J b b W a N b b a Vi �•' 4 R �' b to 01 b. J x d W W W V 00 00 00 10 J O� A ��..11 N W ��..11 eB pppyyy777 y. 10 b I N R Oo °o w q .id N `O to V T Oo W IJ in J t0 L. • �. b�" � STr yam, o < L �1 •L. O. a to to to T C� +1 V J A J J q � G., O \Y'"3Y l((t�NeDgY" A I+. q V Vi l/i M J N U A J q V t�6. C • �j o w o � w A A � A � � A N A A A A a � k 9d 2 II w L4 a w ar w a w g C c E G • o .. � n U v a oe � A n II e In N > to o °v 3 I0 O p � J 0 � q OO AGGO qq °0 °0 W b b 00 00 b b b b b pB� V• � up LH NPDDES PERMIT NO.:NCO021881 PER1�1[i T VERSION:4.0 ]PERM[IIT STATUS:Active ,FACELIIT'SY NAME:Lake Waccamaw WWTP CLASS:WW-2 COUNTY:Columbus OWNER NAME:Town of Lake Waccamaw ORC:Michael J Prostinak ORC CERT NUMBER.9587 GRADE:WW-2- ORC EIAAS CEIANGs1EDD:No eIIDMR PERIOD:03-2016(March 2016) VERSION:1.0 STATUS:Processed SAMPLING LOCATION:EFFLUENT DISCHARGE N(D--001 NO DISCHARGE*.'NO (Comidimu e) E m C0600 C0665 THP311 TGUR F e c F 3 O a E e 'E E S m m 6 E m °o Qusdedy Quarterly Mooddy Quauedy UE Composite Composite Composite Composite m o q O F F O O O Z 94 TOTAL.N-Cone TOTAL P-Con. CF.R7DCHV COMMIT 24DOclock Hrs 2400e1oek Ms Y/BIN mgfi mgll Percent pass/fail 1 1 0900 8 Y 2 1 1000 1 0900 8 Y 3 1000 24 0900 8 Y 4 0900 8 Y 5 6 7 0900 8 Y 8 0900 8 Y 9 1000 090D 8 Y 10 1000 24 0900 8 Y 11 0900 8 Y 12 13 14 0900 8 Y 15 1000 0900 8 Y 16 1000 24 0900 8 Y 13.314 2 17 1000 24 0900 8 Y 18 0900 8 Y 19 20 21 0900 8 Y 22 0900 8 Y 23 24 25 26 27 28 0900 8 Y 29 0900 8 Y 30 1000 09DD 8 Y 31 1000 24 0900 8 Y Monthly Average Limit• Monthly Average: 13.314 2 Dally Maximum' 13.314 2 Daily Minimum' 13.314 2 °°°'NoReporting Reason:ENFRUSE=NoFlow-Reuse/Recycle;ENVWT.HR No Visitation—Adverse Weather;NOFLOW=No Flom,HOLIDAY=NoVisitation—Holiday NPDES PERBUJC NO.:NCO021881 PIERBUT VERSION:4,0 FEEMUII'STATUS:Active ,F'ACIDLTfY NAME:Lake Waccarraw W VTP CLASS.WW-2 COUNTY:Columbus OWNER NANE-Town of Lake Waccamaw ORC:Michael J Prostinak ORC CERT NUNBER:9587 GRADE:WW-2 ORC HAS CII[ANOEIlD:No eIIDM R PRRIIOFD:03-2016(March 2016) VERSION.1.0 STATUS:Processed SAMPLING LOCATION:UPSTREAM ]DISCHARGE NO.- 001 E e 00010 0030o F F e 6 E o > N a` it iz o weekly Weekly v m q o Cnah crab G U E F O O O z a TEMP-C DO 7400 clock Hns 2400 clock Hes YMIN I deg c mg/l 1 2 3 132 8.8 4 5 6 7 8 9 10 17.8 9.43 11 12 13 14 IS 16 226 8.24 17 18 19 20 21 22 23 24 19.4 8.8 25 26 27 28 29 30 31 20.6 19.6 Monthly Average Limit• Monthly Average: 18.72 10.974 Daily Marimmn:226 19.6 Daly Minimum: 132 824 "IIRNoReporting Reason:ENFRUSE=No Flow-ReuselRecycle;ENVW'IHR=No Visitation—Adverse Weather;NOFLOW=No Flow;HOLIDAY=NoVisitation—Holiday NPEDES PERMIT NO.:NCO021881 PEY816�[i IT VERSIION:440 PERMIT STATUS:Active .FACII LYrY NAME:Lake Waccamaw W WTP CLASS:WW-2 COUNTY:Columbus OWNER NAME:Town of Lake Waccamaw ORC:Michael J Prostinak ORC CERT NUMBER-9587 GRADE.WW-2 ORC HAS CE ANOE%D:No eDMR PERIOD:03-2016(March 2016) VERSION-1.0 STATUS:Processed SAMPLING]LOCATION:DOWNSTREAM DISCHARGE ICY®°o 001 E E m 00010 00300 F c E S Weekly weekly o U m m O '' o Grab Grab E E is A V F F O O O z C. TENT-C DO 2400 dock Mrs 2400clock Eln YB/N deg c 109/1 Y 2 3 126 9.86 4 5 6 7 8 9 10 16.9 9.4 Yfl 12 13 14 16 21.6 8.39 17 18 19 20 21 22 23 24 9 17.9 75 26 27 28 29 30 31 119-6 8.75 Monody Average Limit: Monthly Average. 15.94 10.86 Daily Maximum: 21.6 17.9 Daily Minimum: 9 839 °#"NoReporting Reason:ENFRUSE=NoF7ow-Reuse/Recycle;ENVWTHR=No Visitation—Adverse Weather;NOFLOW=No Flow;HOLIDAY=NoVisitation—Holiday NPDES PERMIT NO.:NCO021881 PERMIT VERSION:4.0 PERMIT STATUS:Active FACILITY NAME:Lake Waccamaw W WTP CLASS:WW-2 COUNTY.Columbus OWNER NAME:Town of Lake Waccamaw ORC:Michael J Prostinak ORC CERT NUMBER:9587 GRADE:WW-2 ORC RAS CHANGED:No eEDMR PERIOD:03-2016(March 2016) VERSION:1.0 STATUS:Processed COMPLIANCE: CONTACT PHONE#:9109183257 SUBMISSION DATE:04/18/2016 04/18/2016 ORC/Certifier Signature: r ael Joseph Prostinak E-Mail:wwtplw@embarqmail.com Phone #:910-918-3257 Date By this signature,I certify that this report is accurate and complete to the best of my knowledge. 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 11.E.6 of the NPDES permit. 04/18/2016 Permittee/Submitter Signature:*** Michael Joseph Prostinak E-Mail:wwtplw@embargmail.com Phone #:910-918-3257 Date Permittee Address:1692 Dupree Landing Rd Lake Waccamaw NC 28450 Permit Expiration Date:07/31/2019 1 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. t'ERTIFIED LABORATORIES LAB NAME:Environment One CERTE]FBEHD LAB#:10 PERSON(s)COLLECTING SAMPLES:Michael Prostinak/Percy Watts PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/Ps/npdes/forms. FOOTNOTES 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 and,as a result,there are no data to be entered for all of the parameters on the DMR for 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 delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NP➢DES]?FZZMrF NO.:NCO021881 1PIEIRN E'VERSION.4.0 PER1bM STATUS:Active ,FACILITY NAME:Lake Waccamaw WMT? CLASS:WW-2 COUNTY.Columbus OWNER NAME:Town of Lake Waccamaw ORC:Michael J Prostinak ORC CERT NUMBER-9587 GRADE:WW-2 ORC HIAS CRANCEIID:No eDM R PERIOD:03-2016(March 2016) VERSION:1.0 STATUS:Processed Report C®mmenm Weekly Fecal Coliform samples for the 2nd week of the month exceeded allowable limits. The cause is most likely the heavy rainfall during the preceding week which resulted in heavy flow totals.All Fecal Coliform samples taken after the 2nd week were well within the limits. �,. F-T 10q,'>CiR.GRY '¢•iV1y''tFi�78w7}'��Y{aC_i391dk1..1','�-� . . . . — -.. .. (C erttiiffiied f�li a H 71013 2630 0002 1133(bffig P3etturn P3ecce6i�ft f'ce ac LeEttcadl May 9, 2016 Harry W Foley Town of Lake Waccamaw PO Box 145 Lake Waccamaw, NC 28450-0145 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0248 Permit No. NCO021881 i Lake Waccamaw WWTP Columbus County Dear Permittee: A review of the March 2016 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s) indicated below: Choir Excceedancce Vio0at"oonfs sampoe Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, M-FC 3/12/2016 400 1,039.49 Weekly Geometric Mean Exceeded Broth,44.5C(31616) 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 its received iiil this Office wiltthlin the 10-dfaly/ period,, al cWfl pnceflaMy/ assessment may be prepared. State of North Carolina ,i Environmental Quality i Water Resources 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 910-796-7215 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. P,emii Idler: 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. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: htt[2://12Drtal.ncdenr.org/web/wg/admin/boci/ipu/edmr. If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the Wilmington Regional Office at 910-796-7215. Sincerely, G James-H. Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: WQS Wilmington Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of North Carolina Environmental Quality i Water Resources 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 910-796-7215 � s o !� r o, o • ''Ieteliteiiis 1,,,2;and�,3',QlsOldo plate,'. 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