NC0020389_LV20140129_20141010

AMEN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvalia, III
Governor Secretary
October 10, 2014
RECEIVEDIDENRDWR
CERTIFIED MAIL 7012 1640 0001 9605 9663
RETURN RECEIPT REQUESTED OCT 14 ZU14
Matthew Zapp, Town Manager Water QualftY
Town of Benson Permitting Section
PO Box 69
Benson, NC 27504 -0069
SUBJECT: Notice of Violation and Civil Penalty Assessment
for Violations of North Carolina General Statute (G.S.) 143- 215.1(a)(6)
and NPDES Permit NCO020389
Town of Benson
Benson WWTP
Case No. LV- 2014 -0129
Johnston County
Dear Mr. Zapp:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,056
($3,000.00 civil penalty + $56.00 enforcement costs) against Town of Benson.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring
report (DMR) submitted by Town of Benson for the month of September 2013. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in
NPDES Permit NC0020389. The violations that occurred in September 2013 are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Benson violated the terms,
conditions or requirements of NPDES Permit NCO020389 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 Environment and Natural
Resources and the Director of the Division of Water Resources, I, Danny Smith, Division of Water
Resources Regional Supervisor for the Raleigh Region, hereby make the following civil penalty assessment
against Town of Benson:
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: hfD: / /Dortal.ncdenr.oro/webtwa/ Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone].623.6748
An Equal Opportunity /Affirmative Action Employer � Carolina 50% Recycled/10% Post Consumer Paper
Nairally

Benson W WTP
Case No. LV- 2014 -0129
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(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:
Point Source Compliance and Expedited Permit Unit
Division of Water Resources — Water Quality Programs
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
2 of the 2 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.
500
NC0020389, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Cone.
2 of the 2 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.
500
NC0020389, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for NH3 -N - Cone.
1 of the 1 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.
1000
NC0020389, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Cone.
1 of the 1 violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.
1000
NC0020389, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3 -N - Cone.
3000.00
TOTAL CIVIL PENALTY
56.00
Enforcement Costs
3056
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(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:
Point Source Compliance and Expedited Permit Unit
Division of Water Resources — Water Quality Programs
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617

Benson W WTP
Case No. LV- 2014 -0129
;I] N
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 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 her
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 — Water Quality Programs also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Point Source Compliance and Expedited Permit Unit
Division of Water Resources — Water Quality Programs
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
OR
3. File a petition for an administrative hearing with the Office 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 (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during

Benson WWTP
Case No. LV- 2014 -0129
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 original and one (1)
copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -
provided the original and one copy of the document is received in the Office of Administrative Hearings
within five (5) business days following the faxed transmission. The mailing address for the Office of
Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699 -6714
Telephone [phone] Facsimile: (919) 733 -3478
and
Mail or hand- deliver a copy of the petition to
John Evans, General Counsel
Department of Environment and Natural Resources
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 Mitch Hayes of the Raleigh Regional Office at 919 - 791 -4200.
0 erely,
Danny S ' Raleigh Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
ATTACHMENTS
cc: Enforcement File w/ attachments
Compliance and Expedited Permit Unit
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV- 2014 -0129 County: Johnston
Assessed Party: Town of Benson
Permit No.: NC0020389 Amount Assessed: $3,056
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 applies. 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 DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF JOHNSTON
TOWN OF BENSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
BENSON WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO020389 ) FILE NO. LV- 2014 -0129
Having been assessed civil penalties totaling 3056 for violation(s) as set forth in the assessment
document of the Division of Water Resources —Water Quality Programs 10/10/2014, 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
SIGNATURE
ADDRESS
TELEPHONE
20

•
ATTACHMENT
A
Town of Benson
CASE NUMBER:
LV- 2014 -0129
PERMIT:
NCO020389
FACILITY:
Benson WWTP
COUNTY: Johnston
REGION:
Raleigh
Limit Violations
MONITORING
OUTFALL /
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$250.00
9 -2013
001
Effluent
BOD - Conc
9/21/13
5 X week
mg /I
7.50
12.40
65.9
Weekly Average Exceeded
$250.00
9 -2013
001
Effluent
BOD - Conc
9/28113
5 X week
mg /I
7.50
10.60
41.3
Weekly Average Exceeded
$1,000.00
9 -2013
001
Effluent
BOD - Conc
9/30/13
5 X week
mg /I
5
9.30
85.6
Monthly Average Exceeded
$250.00
9 -2013
001
Effluent
NI-13 -N - Conc
9/21/13
5 X week
mg /I
3
4.70
55.1
Weekly Average Exceeded
$250.00
9 -2013
001
Effluent
NI-13 -N - Conc
9/28/13
5 X week
mg /I
3
5.90
97.8
Weekly Average Exceeded
$1,000.00
9 -2013
001
Effluent
NI-13 -N - Conc
9/30/13
5 X week
mg /I
1
3.60
263.3
Monthly Average Exceeded