NC0083321_LV20170003_20170106

Environmental
Oucality
Certified Mail # 2013 2630 0002 1133 6488
Return Receipt Requested
January 06, 2017
Jeff Hudson
Onslow Water and Sewer Authority
PO Box 1415
Jacksonville, NC 28540-1415
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. N00083321
Onslow Water and Sewer Authority
Hubert WTP
Case No. LV-2017-0003
Onslow County
Dear Permittee:
ROY COOPER
Governor
RECEIVEDINCDEQIDWR
JAN 12 2017
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,117.25 ($1,000.00 civil penalty
+ $117.25 enforcement costs) against Onslow Water and Sewer Authority.
This assessment is based upon the following.facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Onslow Water and Sewer Authority for the month of August 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. NC0083321.
The violations, which occurred in August 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Onslow Water and Sewer Authority violated the terms,
conditions or requirements of NPDES WW Permit No. NCO083321 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 Onslow Water
and Sewer Authority:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

t
$750.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0083321, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$250.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0083321, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Cone.
$1,000.00 TOTAL CML PENALTY
$117.25 Enforcement Costs
$1,117.25 TOTAL AMOUNT DUE
Pursuant to G' S. 143=215.6A(c); in determining the amount of the penalty 1 have taken into account the Findings of Pact and
Conclusions of Law and thefactors 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 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 inNCGS 14313-282.1(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) dqys 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 withdthe=Office of Administrative Hearings: , s
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,
Jame r.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
Central Files, WQS

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0003 County: Onslow
Assessed Party: Onslow Water and Sewer Authority
Permit No.: NCO083321
Amount Assessed: $1,117.25
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. § 14313-282. 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. 14313-282.I(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 ONSLOW
DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT ) WAIVED OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Onslow Water and Sewer Authority )
Hubert WTP 1
PERMIT NO. NCO083321 1 CASE NO. LV-2017-0003
Having been assessed civil penalties totaling $1,117.25 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 06, 2017, 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

i 1
ATTACHMENT A
Onslow Water and Sewer Authority
CASE NUMBER: LV-2017-0003
PERMIT: NCO083321 REGION: Wilmington
FACILITY: Hubert WTP COUNTY: Onslow
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
8/20/2016 8-2016
Solids, Total 2 X month
mg/1
15
19.80
32.0
Weekly
$250.00
Suspended-
Average
Concentration
Exceeded
8/31/2016 8-2016
Solids, Total 2 X month
mg/I
10
12.10
21.3
Monthly
$750.00
Suspended-
Average
Concentration
Exceeded

L
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Onslow Water and Sewer Authority
Facility Name: Hubert WTP
Permit Number: NCO083321
County: Onslow
Case Number: LV-2017-0003
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;
A114
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.
$117.25
Date JATe� H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

r'
Certified flail ## 7013 2630 0002 1133 6464
Return Receipt Requested
November 29, 2016
Billy Joe Farmer
Onslow Water -and Sewer Authority
PO Box 1415
Jacksonville, NC 28540-1415
PAT MGCRORY
irv^FB.fM�3r
t)'0 .LLD R.. 7 ALN DER:. V'AART
�Fr
:S._ J.Ay-z11%4R-'zERIJAW
SUBJECT: NOTICE OF VIOLATION & 3INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0626
Permit No. NCO083321
Hubert WTP
Onslow County
Dear Permittee:
A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location
Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent
Solids, Total Suspended -
8/20/2016 15 19.8 Weekly Average Exceeded
Concentration (C0530)
001 Effluent
Solids, Total Suspended -
8/31/2016 10 .12.13 Monthly Average Exceeded
Concentration (C0530)
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.
143-21!S.1.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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 dam 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. %f no response is received ion this Office within the 10-day period, a civill penalty
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 . 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 I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

11
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NPDES PE! )` T NO.: NCO083321
PERMIT VERSION: 4.0
PERMIT STATUS: Active
FACE546Y NAME: Hubert WTP
' CLASS: PC-1
COUNTY: Onslow
OWNER NAME: Onslow Water and Sewer Authority
ORC: James Willie Arnold
ORC CERT NUMBER: 28604
GRADE: PC-1
ORC HAS CHANGED: No
eDMR PERIOD: 08-2016 (August 2016)
VERSION: 1.0
STATUS: Processed
SAIV PLEI G LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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50050
00010
00400
50060
C0530
00300
C0600
C0665
00940
2 X month
Monthly
Monthly
2 X month
2 X month
Monthly
Monthly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Com osite
Composite
Composite
FLOW
TEMP-C
pH
CHLORINE
TSS - Conc
DO
TOTAL N -
TOTAL P -
CHLORIDE
2400 clock
1 His
2400 clock
I His
YB/N
I
mgd
I deg c
su
ugA
I mg/l
mg/l
mg/l
mg/1 I
mg/l
1
0600
12
Y
0.127
2
0600
12
Y
0.367
3
0917
24
0600
12
Y
0.224
27.5
7.21
7.5
6.1'
3350
4
0600
12
Y
0.618
5
0600
12
Y
0.404
6
0600
12
B
0.177
7
0600
12
B
0.368
8
0600
12
Y
0.229
Yf" Ir
9
1
0600
12
Y
0.219
30
0600
12
Y
0.177
11
0600
12
IB
1
0.174
A
t.;•-�,
12
0600
12
B
0.181
13
0600
12
Y
0.169
v
Y
14
0600
12
Y
0.196
15 1
0600
12
Y
0.204
'
16
0600
12
1 Y
0.219
17
0650
24
0600
12
Y
0.21
19.8(a
0
18
0600
12
Y
0.223
]9
0600
12
Y
0.307
N
S°
20
0600
12
B
0.339
�rrttGG
_
21
0600
12
B
0.341
22
0600
12
B
0.334
'3
"'o
rl
23
10600
12
Y
0.211
24
0724
24
0600
12
Y
0.198
9.1
25
0600
12
Y
0.139
26
0600
12
Y
0.194
27
0600
12
Y
0.198
28
10600
12 ly
10.31
29
0600
12
Y
0.063
30
0600
12
B
0.333
31
0600
12
B
0.371
Monthly Average Limit:
10
Monthly Average:
0 252387
27.5
12.133333
6.1
3350
Daily Maximum:
0.618
27.5
7.21
19.8
6.1
3350
Daily Minimum:
0.063
27.5
7.21
7.5
6.1
3350
****NoReporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation- Holiday

9 I -
NO.c NC0083321
E: Hubert WTP
Onslow Water and Sewer Authority
08-2016 (August 2016)
PERMIT VERSION: 4.0
CLASS: PC-1
ORC: James Willie Arnold
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Onslow
ORC CERT NUMBER: 28604
STATUS: Processed
Report Comments:
On 08/18/2016I contacted Mr. Tharrington by phone and explained to him that we have exceeded our weekly TSS limit .The TSS was 19.8 Mg/L. Our daily limit 15.0 mg/l and
our monthly limit is 10 mg/l. We have exceeded our weekly and monthly average limit. We are currently taking measures to correct this issue by removing the algae by hand. We
suspect Hot weather and the algae growth in the lagoon causing this spike in our TSS .We pulled an additional sample on 08/24/2016 which showed a decrease ,it was 9.1 mg/1.