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HomeMy WebLinkAboutNC0056863_LV20160162_20160815tIa'rer~R esgiircf �NSYIRbHME1txAlL OtkALFr"Y� Certified Mail # 7013 2630 0002 1133 5993 Return Receipt Requested August 15, 2016 Gary L Boney Town of Rose Hill ;.'G�u�17RPWV ?.).L R:< - Ay DEIZ:. VAART �Saiciez�: ..T iy 'ZIIt11,hwIE-RI,'IAN RECEIVED/NCDEQ/D'JUR AUG 23 2016 PO Box 8 Water Quality Rose Hill, NC 28458 PerMittincg 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. NCO056863 Town of Rose Hill Rose Hill WWTP Case No. LV -2016-0162 Duplin County " Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,367.00 ($1,250.00 civil penalty + $117.00 enforcement costs) against Town of Rose Hill. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Town of Rose Hill 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. NCO056863. The violations, which occurred in May 2016, are summarized in Attachment A to this letter. Based upon the above facts, Pconclude as a matter of law that Town of Rose Hill violated the terms, conditions or requirements of NPDES WW Permit No. NCO056863 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 Rose Hill: State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 $0.00 0 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0056863, by discharging waste water- iito the waters of the State in violation.of the Peirr? : Daily Minimum for DO. $750.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0056863, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0056863, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD - Conc. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0056863, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for NH3-N - Conc. $1,250.00 TOTAL CIVIL PENALTY $117.00 Enforcement Costs $1,367.00 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).. Th6'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: ;jfi . 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 Hearinjzs: If you wish to contest any statement in the attached assessmeilOTObcument 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 § 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 question_ s 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) 431-3000 Fax: (919) 431-3100 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, Jam �Glregson, Regional upervisor 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 F0411 REMISSION REQUEST Case Number: LV -2016-0162 Assessed Party: Town of Rose Hill Permit No.: NC0056863 County: Duplin Amount Assessed: $1,367.00 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) ccurrences), (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 I)EIPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF DUPLIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Rose Hill ) Rose Hill WWTP ) PERMIT NO. NCO056863 ) CASE NO. LV -2016-0162 Having been assessed civil penalties totaling $1,367.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 15, 20165 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 ADDRESS TELEPHONE SIGNATURE 20 9 ATTACHMENT A Tower of Rose Hill CASE NUMBER: LV -2016-0162 PERMIT: NC0056863 REGION: Wilmington FACILITY: Rose Hill WWTP COUNTY: Duplin LIMIT VIOLATION(S) 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 5/7/2016 5-2016 BOD, 5 -Day (20 Deg. Weekly Weekly $250.00 C) - Concentration Average 5/7/2016 5-2016 Nitrogen, Ammonia Weekly Exceeded Total (as N) - 6 15.90 165.6 Concentration $250.00 5/31/2016 5-2016 Nitrogen, Ammonia Weekly Average Total (as N) - Concentration 5/3/2016 5-2016 Oxygen, Dissolved Weekly Monthly $750.00 (DO) 5/4/2016 5-2016 Oxygen, Dissolved Weekly (DO) mg/I 15 21.90 46.0 Weekly $250.00 Average Exceeded mg/1 6 15.90 165.6 Weekly $250.00 Average Exceeded mg/1 -2 4.70 132.5 Monthly $750.00 Average Exceeded mg/1 6 5.50 -9.0 Daily Minimum $0.00 Not Reached mg/1 6 5.70 -4.5 Daily Minimum $0.00 Not Reached DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Rose Hill Facility Name: Rose Hill WWTP Permit Number: NC0056863 County: Duplin Case Number: LV -2016-0162 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; 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; al_,_ c� . 5) The amount of money saved by noncompliance; UIV41L� - 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) de cost to the Stam of the enforcement procedures. $117.00 to ame regso gional Supervisor ater Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Ceu tofoed MaH # 7613 2 630 0002 1111.33 6785 Return Receipt.Reguested July 14, 2016 Gary L Boney Town of Rose Hill PO Box 8 Rose Hill, NC 28458 .�-ix68lAfi7.r :D OIC QLD: R.,7ryA._3 BEit 'tFA a:t 1 >Ssr-9e2�% :S: JA's- July A's SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY .. Tracking Number: NOV-2016-LV-0401 - Permit No. NCO056863 Rose Hill VWVfP Duplin County Dear Permittee: i A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Viollation(s): Sample [Limit Reported Location Parameter. Date Value Value Type of Violation I 001 Effluent DO, Oxygen, Dissolved (00300) 5/3/2016 6 5.46 Daily Minimum Not Reached 001 Effluent DO, Oxygen, Dissolved (00300) 5/4/2016 6 5.73 Daily Minimum Not Reached 001 Effluent BOD, 5 -Day (20 Deg. C) - 5/7/2016 15 21.9 Weekly Average Exceeded Concentration (C0310) 001 Effluent Nitrogen, Ammonia Total (as 5/7/2016 6 15:94 Weekly Average Exceeded N) - Concentration (C0610) 001 Effluent Nitrogen, Ammonia Total (as 5/31/2016 2 4.65 Monthly Average Exceeded N) - Concentration (C0610) a State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 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 i�ot 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. Hf no response; is received in thus Office within the 10 -day peHod, a covH penalltty/ 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. 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. 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, Jam e -H Regional Supervisor Water Q 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 I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 Ln C3 M Return Receipt Fee (Endorsement Required) Postmark Here r3 Restricted Delivery Fee (Endorsement Required) ru Total Postage & Fees D— orPO } NPDES PERMIT NO.: NCO056863 FACILITY NAME: Rose Hill W WTP OWNER NAME: Town of Rose Hill GRADE: WW -3 eDMR PERIOD: 05-2016 (May 2016) PERNUT VERSION: 4.0 CLASS: WW -2 ORC: Talmadge Keith Grubbs ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Duplin ORC CERT NUMBER: 996477 STATUS: Processed 0.4, & I vvl L- SAMPLING 1L®CATTON: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO O m 'o. e O F 1• o U la F H d O c H d O y O a O 50050 y Continuous c 3 Recorder a" 1Z a FLOW 00010 5 X week Grab TEMP -C 00400 weekly Grab P1I 50060 2 x week Grab CHLORINE C0310 weeks Composite BOD -Came C0610 C0530 weekly weekly Composite Composite N733 -N -Coat TSS -Cent 31616 weekly Grab FEC COLI 00300 Weekly Grab DO 2400 dock lin 2400 clock An YIWN m d deg c su bo mg/1 mRn mgA #/100nd m 1 'e 1105 0.25 B 0.1425 2 1625 1310 3.5 Y 0.1629 22.7 6.62 3 1300 19 1020 6 Y 0.2612 21.9 7.42 - 18.5 17.64 17.2 20 5.46 4 1350 21.5 0915 7 Y 0.2875 212 7.42 -2 23.7 15.89 91 20 5.73 5 1150 22 1030 6 Y 0.2825 212 7.46 235 14.28 7.6 58 5.92 6 0940 6.5 Y 0.3797 20.1 -1 5.85,_ 7 1450 0.25 N 02829 8 1545 0.25 N 0.2129 9 0950 6.5 Y 0.1905 23.4 5.95 10 0730 1015 6 Y 0.1911 23.6 6.45 11 1515 27.5 1000 6 Y 1 0.1914 232 7.41 1 2.7 2.42 <5 3 6.1 12 1515 20 1000 6.5 Y 0.1805 23.9 7.45 9 <2 <0.2 <5 7 6.55 13 1150 20 1130 6.5 Y 0.1902 23.7 7.4 <2 <0.2 62 5 6.44 14 1025 015 N 0,1709 15 1605 0.25 N 0.1742 16 0730 1140 5 Y 0.1549 23.2 7.3 17 1710 28 1045 6 Y 0.1609 22.1 7.25 -3 <2 <0.2 <5 1 7.15 19 1700 19 1140 5 Y 0.186 21.7 7.28 1 <2 10.28 <5 <1 7.48 19 1145 19 1130 6 Y 0.1652 21.7 7.35 725 20 1155 55 Y 0.1586 21.6 7.55 21 0825 0.25 B 0.1408 22 0855 10.25 B 1 0.1553 23 1545 1120 5.5 Y 0.1369 21.9 ` 24 1600 20.5 1120 6.5 Y 0.1462 21.6 72 1 <2 0.35 <5 I 7,3 25 1550 20 1110 5 Y 0.1272 229 7.3 <2 <0.2 <5 I 7.02 26 1200 20 1115 6 Y 0.1383 24.2 7.32 21 0.28 <5 47 6.85 27. 1020 6 Y 0.144 25.8 5 28 1555 0.25 Y 0.1436 29 1545 025 Y 0.1607 30 1600 u 0.25 Y 0.7683 H 31 0800 1145 45 Y 0.1669 25.7 Monthly Average Limit: OAS 10 2 30 200 Monthly Avenge: 0.185632 22.82381 1.375 6.409091 4.649091 3.654545 5.402763 6.609444 Daily MaAmum: 0.3797 25.8 7.4p6 9 23,7 17,64 17.2 58 7.55 Daily Minimum' jw g7 Pf W _3 0 0 0 0 5.46 ****NoReporting Reason: ENFRUSE=No Flow-Rease/Recycle; V1TVWTHR=No Visitation -Adverse Weather, NOFLOW=No Flow; HOLIDAY =No Visitation- Holiday JUL 12 2016 Water Quality Regional operations RegSecional Office Wilmingtonon .... F7 JUL 0 5 2016 CEN PIiAr7 �lLE a Vlfl S C:7`It N NPDES PERM NO.: NCO056863 FACILITY NAME: Rose Hill W WTP OWNER NAME: Town of Rose Hill GRADE: WW -3 eDMR PERIOD: 05-2016 (May 2016) Outfall 001 - Effluent Comments: PERMIT VERSION: 4.0 CLASS: WW -2 Y ORC: Talmadge Keith Grubbs ORC HAS CHANGED: No VERSION: 1.0 PERMI STATUS: Active COUNTY: Duplin ORC CERT NUMBER: 996477 STATUS: Processed On April 27th, W WTP stats noted unusual noise coming from Rotor #1 and upon inspection realized the large, motor -side bearing was damaged and needed to be replaced. The unit was shut -down beginning at noon on the day in question until repairs could be made. We informed Dean Hunkele with the Wilmington Regional Office of the equipment failure and stated that we would monitor Dissolved Oxygen (D.O.) levels in the interim Per Mr. HunkeletZ¢Ai,&s instruction, we also increased all permit required weekly testing to three times per week until Rotor #1 was back in operation. ` D.O. levels were maintained the week of April 25th, however, during the week of May 2nd, these levels fell below 6.0 mg/L. We believe this was due to a combination of Rotor #1 being offline and also heavy rain experienced during that time. We were also made aware of Ammonia (NM) and BOD weekly average exceedances by our certified laboratory for the week of May 2nd. The large bearing for Rotor #1 was replaced and the unit activated at approximately 1420 on May 9th. After informing Mr. Hunkele of the equipment repair, we were instructed to continue sampling three times a week for all weekly parameters until compliance was achieved. During the week of May 9th, BOD and NH3 levels showed a remarkable decline and for the majority of the month remained below detectable levels. Dissolved oxygen also showed improvement the week of May 9th, but its progress was much slower when compared to the -aforementioned parameters. Nonetheless, D.O. levels were maintained above 6.0 mg/L for the remainder of the month beginning May 10th, Lower BOD levels for the remainder of the month allowed us to meet our monthly average limit for this parameter, but we failed to achieve this for NIB. We also experienced five (5) occasions where D.O. fell below 6.0 mg/L and we were also noncompliant for the week of May 2nd in terms of weekly average exceedances for BOD and Ammonia.