NC0087947_LV20160190_20160919

Water Resources
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Certified bail # 7013 2630 0002 1133 6075
Return Receipt Requested r Buom1 jed
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September 19, 2016 �,
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William S Clark
Columbus County
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111 Washington St
Whiteville, NC 28472
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NCO087947
Columbus County
Columbus County WWTP
Case No. LV -2016-0190
Columbus County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $217.25 ($100.00 civil penalty +
$117.25 enforcement costs) against Columbus County.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Columbus County for the month of May 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. NC0087947. The violations,
which occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Columbus County violated the terms, conditions or
requirements of NPDES WW Permit No. NCO087947 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 maybe 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 Columbus
County:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

$100.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.NC0087947, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Cone.
$100.00 TOTAL CML PENALTY
$117.25 Enforcement Costs
$217.25 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:
(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) slays 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

Op ion 2: Sulbmit a written :request for remi§sion or mitigation including a detailed junstificatiou for such
�n-equaest:
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 anAdministrative Hearing, and Stipulation of Facts" form within thiijy Q0) 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: 1Fille a petition for an administrative hearing avith the Offffnee 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 (3 0) 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 §15013-23.2) 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 [phone] or via email at [e-mail].
Sincerely,
Ce�Ues H. Gregson, g P Regional Supervisor
g
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

JUSTIFICATION FOR REMHSSION REQUEST
Case Number: ]LSI -2016-0190 County: Columbus
Assessed Party: Columbus County
Permit leo.: NCO087947 Amount Assessed: $217.25
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
COUNTY OF COLUMBUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Columbus County
Columbus County WWTP
PERMIT NO. NCO087947
DEPARTMENT OF ENVIRONMENTAL QUALITY.,
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0190
Having been assessed civil penalties totaling $217.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 19, 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
ADDRESS
TELEPHONE
SIGNATURE
11

ATTACHMENT A
Columbus County
CASE NUMBER: LV -2016-0190
PERMIT:
YAC®0579417
REGION:
Wilmington
FACILITY:
Columbus County WWTP
COUNTY:
Columbus
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
5/14/2016 5-2016 BOD, 5 -Day (20 Deg. Weekly mg/I 7.50 17 126.7 Weekly $10000
C) - Concentration Average
Exceeded

DIVISION OF WATER R ESCkACIES - CIVIL PENALTY ASSESSMENT
Violator: Columbus County
Facility Nasse: Columbus County WWTP
Permit Number: NC®087947
County: Columbus
Case Number: lLV-2016-0190
ASSESSMENT FACTORS
1) The degree and extent of hares to the natural resources of the State, to the public health, or to private
�pr/operty resulting from the violation;
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2) The duration and gravity of the violation;
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3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The mount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
/4/61-0-
7) The prior record of the violator in complying or failing to comply with programs over which the
(Environmental Management Commission has regulatory authority; an, a�
8) The cost to the State of the enforcement procedures.
$117.85
ate .Ta es e. Gregson, Regio ervisor
W26 -/Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCIID]EQ

r
Vi water Risou cis
Cartlified MaH # 7013 2630 0002 1133 6892
Return IISecceBgt Reguestcedl
August 11, 2016
Russell Overman
Carteret County
302 Courthouse Sq
Beaufort, NC 28516
PAT TM CCRORI.
•'irc�Y87'i4?P
DON`TALD DER. VAART
-9_ JAY .2: rl�lr tER-Ni .Ntit
i�TEGa^•5'
SUBJECT: NOTIIC E OF VIIO(LATIION & HNTENT TO ASSESS GIIVIIL (PENALTY
Tracking Number: NOV-2016-LV-0455
Permit No. NCO086975
Laurel Road WTP
Carteret County
Dear Permittee:
A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
limit Excceedancce VB®Eait onCs)-
SSam pOe
LocaUon Parameter
001 Effluent Solids, Total Suspended -
Concentration (CO530)
Limit Reported
Date VaWe VaWe Type of VioOatrion
6/8/2016 15 18 Daily Maximum Exceeded
001 Effluent Solids, Total Suspended - 6/21/2016 15 20 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 6/30/2016 10 19 Monthly Average Exceeded
Concentration (CO530)
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.
143-4745.1.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

.h
A
If you wish to provide additional information regarding the noted violation, request technical assist:gnce, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Nbtice. 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. Hf no response lis received un tNs Offloce whtthb n the 10 -day perliod, a ciwfl penalltk5y
assessment may be prepared.
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,em> ndlcem: 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:
http: //portal.ncdenr.org/web/wq/admin/bog/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,
k JamesC jp3gional
n, Regional Supervisor
Water Quality 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 I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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Board of Commissioners
C'
Robin V. Comer, Chair�-
Mark Mansfield, dice -Chair
Elaine O. Crittenton`
Jimmy Farrington.
_
Terry Frank
Jonathan Robinson
Bill Smith
August 30, 201615
Mr. Dean Hunkele
North Carolina Division of Water Resources
127Cardinal Drive Extension
Wilmington, NC 28405
Re: NOV-2016-LV-0455
Laurel Rd. WTI', Carteret County
Dear Dean:
County Manager
w. Russell Overman
[e-mail]
Clerk to the Board
Rachel B. dammer
[e-mail]
E Eft E l b ERRIDOP,
5_p
Gua. i,y Regiona�
Cicet'atio,ls Secrior
wil1�Ir�iGr 28e: nal office
It was a pleasure speaking to you several weeks ago about our earlier Notice of Violation (NOV-
2016-LV-0379). As we discussed at that time we knew that we would receive another NOV
because of the same issue with the earlier one. Clearly we were in violation of our permit
parameters by exceeding the maximum daily limit twice and the monthly average limit on Total
Suspended Solids. During this time our primary ORC had retired and our backup ORC was
running the plant and was also responsible for completing the monthly reporting form. It is my
understanding that the plant had been down for several weeks due to some maintenance and we
did not properly clean the discharge tank prior to placing it back in service.
We have now hired a new water manager, Mr. Will Simmons.
Feel free to contact me if you have any questions.
Sincerely,
W. Russell Overman
Carteret County Manager
Cc: Will Simmons
Carteret County Courthouse o 302 Courthouse Square o Beaufort, MC 28516-1898
vn w.carteretcountync.gov

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