NC0036668_LV20150095_20150617

I.
NCDENR.
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7010 0290 0003 0833 9557
Return Receipt Requested
June 17,2015
Chris Roberson RECEIVED/DENR/DWR
Town of Kenansville
JUN 2 3 2015
PO Box 370 141 Routledge Rd
Kenansville,NC 28349-0370 Water Quality
Permitting Sectior
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 Permit No.NC0036668
Town of Kenansville
Kenansville WWTP
Case No. LV-2015-0095
Duplin County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$933.50($750.00 civil penalty
+$183.50 enforcement costs)against Town of Kenansville.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Kenansville for the month of March 2015. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0036668.
The violations,which occurred in March 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Kenansville violated the terms, conditions or
requirements of NPDES Permit No. NC0036668 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, James H. Gregson, Regional Supervisor, Wilmington Regional Office hereby make the following civil
penalty assessment against Town of Kenansville:
127 Cardinal Drive Extension.Wilmington.North Carolina 28405
Phone:[phone] \Internet:www.ncdenr.gov<http://www.nedenr.gov>
An Equal Opportuniq Affirmative Action Employer-Made in part by recycled paper

$750.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0036668, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N -
Conc.
$750.00 TOTAL CIVIL PENALTY
$183.50 Enforcement Costs
$933.50 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)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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

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 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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 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 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: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,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.
4

` 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 [e-mail].
Sincerely,
l'-5114-- C)`Sbr'r--
for . ay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By James H.Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0095 County: Duplin
Assessed Party: Town of Kenansville
Permit No.: NC0036668 Amount Assessed: $933.50
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 , DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Kenansville )
Kenansville WWTP )
)
PERMIT NO.NC0036668 ) CASE NO. LV-2015-0095
Having been assessed civil penalties totaling $933.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 17, 2015, 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

ATTACHMENT A
Town of Kenansville
CASE NUMBER: LV-2015-0095
PERMIT: NC0036668 FACILITY: Kenansville WWTP .COUNTY: Duplin REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$750.00 3-2015 001 Effluent NH3-N-Conc 3/31/15 Weekly mg/I 4 7.70 92.9 Monthly Average Exceeded

•
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Kenansville •
Facility Name: Kenansville WWTP
Permit Number: NC0036668
County: Duplin
Case Number: LV-2015-0095
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..11---- -
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;
Com?'`
4) The cost of rectifying the damage;
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5) The amount of money saved by noncompliance;
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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 Mana ement Commission has regulatory authority;and
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8) The cost to the State of the enforcement procedures.
$183.50
b
6--f`2- ?-6r S Al
4-I-. Get_
Date m•. H.Gregson,Regio al Supervisor
ater Quality Regional perations Section
Wilmington Regional Office

•
tQLo1art of Reit an bifre
P.O.BOX 370,141 ROUTLEDGE ROAD,KENANSVILLE,N.C.28349-0370 _
Telephone [phone]
Fax [phone] •
vnvar.kenansvIlls.org
Betty Long,Mayor Woodrow Brinson Jr.,Commissioner
Trevor Houston,Mayor Pro Tem Milta G.King,Commissioner
Nelson Baker,Commissioner Allen Wood,Commissioner
•
June 16,2015
RECEIVED/NCDENPIrOR
James Gregson,Regional Supervisor
Water Quality Regional Operations Section JUN
Wilmington Regional Office
Division of Water Resources,DENR Water
Section
Wilmington Regional Office
Dear Mr. Gregson,
This letter is in response to the Notice of Violation for high ammonia nitrogen levels for the
month of March in the Town of Kenansville.
During that time there were a couple factors that contributed to the high levels. We had received
six plus inches of rain,which increased the flow level from an average of 170,000-180,000
gallons per day to an average of 243,000 gallons per day. In addition to the increased flow,the
cold temperatures also played a part in the bugs not working as well as they do when the weather
is warmer. Throughout this time we ran the paddles as much as possible,on timers,to keep the
blankets from blowing.
We contacted Wayne Vann,who checks the samples for the Town of Kenansville,and came to
the mutual conclusion that if we could not run the paddles more than we were,it would be a
waste of money to take extra samples,as the ammonia nitrogen levels would remain high.
At this time with the weather warming up and our flow getting back to a more normal level,we
are no longer experiencing high ammonia nitrogen levels.
• If you need any further information please contact us at 910-369-0369 or email:
I a nktger(i.i).ketnansvillc.org.
Res ectfully,
Chris Roberson,Town Manager
Copy: Michael Price,Public Works Director
"Proud ofIts Pas Pride inlets Future"

bENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
May 19, 2015
CERTIFIED MAIL #7013 1090 0000 6092 9368
RETURN RECEIPT REQUESTED
Betty Long
Town of Kenansville
PO Box 370
Kenansville, NC 283490370
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0331
Permit No. NC0036668
Kenansville WWTP
Duplin County
Dear Hon Long:
A review of Town of Kenansville's Discharge Monitoring Report(s)for the Kenansville WWTP submitted for the month
of March 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
Total Ammonia 3/31/2015 4.000 mg/I 7.710 mg/I Monthly Average Exceeded
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 is received in this Office within the 10-day period,a civil 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.
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone:[phone]\Internet:www.ncdenr.gov

•
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.
In addition, you may wish to consider registering to use the Division's new e-DMR process for completion and
submittal of monthly monitoring reports, for more information please visit our website at:
http://portal.ncd enr.org/web/wa/admin/bog/ip u/ed m r
If you should have any questions,please do not hesitate to contact Dean Hunkele with the Water Quality Section at
[phone] or via email at [e-mail].
Sincerely,
J. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc: DWQ/Wilmington Regional Office-Green File
Central Files,Water Quality Section
•
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DWQ Form N R-1 (11/04) •

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
U
Compliant
All monitoring and sampling frequencies do NOT meet permit requirements• (�y
L1a
Noncompliant
lithe facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,
maintenance,etc.,and a timetable for improvements to be made.
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"1 certify,under penalty of low,that this document and all attachments were prepared under my direct 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 manage the system,or those persons directly
responsible for gathering the information, rhe information submitted is,to the best dm),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." •
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Permittee(Please print or type)
Signature of Permittee'• Datc
TO Wn Wer►a.A.sV►11e 61.1S o91,-6369 1-
Permute Address Phone Number Permit Exp. Date
Parameter Codes
00010 Tem.erature O0S56 Oil &Grease 01042 Copper 31616 Fecal Coliform
00095 Conductivit 00600 Total Nitro•en 01051 Lead 50060 Total Residual Chlorine
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00300 Dissolved On'.en 00610 Ammonia Nitrogen 01067 Nickel 50050 Flow
00310 BODS 00665 Total Phosphorus 01092 Zinc 00530 Total Suspended Residue
00400 .H ^ 01034 Chromium 71900 Mercury
Dots Qualffylm_ Definitions
(a) Did not meet take two leave one criteria for oxygen depletion (c)Plate count grcater than 60 colonies
b)No samIle available due to lab.accident d)Plate count to numerous to count TNTC)
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(e) Blank exceeded.2 mg/I criteria (f) GGA out 167.5mg/L 2.28-5mg/L range
(•) Seed control out of.6m /L-1.0m• ran•.e
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting
facility's permit for reporting data.
' ORC must visit facility and document visitation of facility as required per ISA NCAC 8A.6202(b)(5)(8).
:_Ifsigncd by other than thepermince,delegationof signatory authority must boon file with the state per ISA NCAC 28.0506
(6)(2)(D).
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