NC0040011_LV20150124_20150812

1
4 rj@
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 12, 2015
CERTIFIED MAIL #7011 1570 0001 8546 0664
RETURN RECEIPT REQUESTED RECEIVED/DENR/DWR
Brian Collie, Town Manager
Town of Yanceyville AUG 19 2015
P.O. Box 727
Yanceyville, NC 27379 Water Quality
SUBJECT: Notice of Violation and Assessment of Civil Penalty Permitting Section
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO040011
Town of Yanceyville
Yanceyville WWTP
Case No. LV -2015-0126
Caswell County
Dear Mr. Collie:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,791.64 ($1,650.00 civil
penalty + $ 141.64 enforcement costs) against the Town of Yanceyville.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by the Town of Yanceyville for the month of February 2015. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit
NCO040011. The violations, which occurred in February 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Yanceyville violated the terms, conditions
or requirements of NPDES Permit NCO040011 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). 11
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, Corey Basinger, Water Quality Regional Operations Supervisor for the Winston-Salem Region, hereby
make the following civil penalty assessment against the Town of Yanceyville:
450 W, Hanes Mill Rd, Suite 300; Winston-Salem, NC 27105
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO040011, by
600.00
discharging waste water into the waters of the State in violation of the Permit Weekly
Geometric Mean limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO040011, by
750.00
discharging waste water into the waters of the State in violation of the Permit Monthly
Geometric Mean limit for FEC COLI.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO040011, by
300.00
discharging waste water into the waters of the State in violation of the Permit Weekly Average
limit for TSS - Conc.
$1,650.00
TOTAL CIVIL PENALTY
141.64
Enforcement Costs
$1,791.64
TOTAL AMOUNT DUE
450 W, Hanes Mill Rd, Suite 300; Winston-Salem, NC 27105
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

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. 14313-282.1(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.6ys of receipt of this notice, you must do one of the following:
. 0,. - ..
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:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for remission 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 1438-282.1(b) were wrongfully
applied to the detriment of the violator;
(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 has 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, Waiver of Right to
an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division