NC0040011_LV20150127_20150812

AIN IF WA
14,
NC ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 12, 2015
CERTIFIED MAIL #7011 1570 0001 8546 0671
RETURN RECEIPT REQUESTED
Brian Collie, Town Manager
Town of Yanceyville
P.O. Box 727
Yanceyville, NC 27379
Donald R. van der Vaart
Secretary
RECEIVED/DENR/DWR
AUG 19 2015
- Water Quality
Permitting 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 Permit NCO040011
Town of Yanceyville
Yanceyville VVWTP
Case No. LV -2015-0127
Caswell County
Dear Mr. Collie:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 441.64 ($ 300.00 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 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 NCO040011.
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 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).
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:
300.00
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NCO040011, by
discharging waste water into the waters of the State in violation of the Permit Weekly
Geometric Mean limit for FEC COLI.
300.00
TOTAL CIVIL PENALTY
141.64
Enforcement Costs
441.64
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. 14313-282.1(b), which are:
(1)
(2)
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;
The duration and gravity of the violation;
450 W. Hanes Mill Rd, Suite 300; Winston-Salem, NC 27105
Phone: [phone] Internet: www.ncdenr.gov
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(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
Submit payment of the penalty:
Payment should be. made directly to the order of the Department of Environment and Natural Resources (do not
include waiverrf&'m)' 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 %'D1NR-/ NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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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 143B -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
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:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617

m
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 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, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 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 Jenifer Carter of the Winston-Salem Regional Office at 336-776-9691.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, DENR
attachments
cc: WSRO Files w/attachments
DWR Central Files w/attachments
PSB-NPDES — Charles Weaver

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Caswell
Town of Yanceyville REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Yanceyville WWTP ) STIPULATION OF FACTS
PERMIT NO NC0040011 ) FILE NO. LV -2015-0127
Having been assessed civil penalties totaling Lj41.64 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated 8/12/2015, 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

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV -2015-0127 County: Caswell
Assessed Party: Town of Yanceyville, Yanceyville WWTP
Permit No. (if applicable): NC0040011 Amount Assessed: $ 441.64
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. § 1436-282 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.0 G.S. 1436-282.1(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:

ATTACHMENT A
Town of Yanceyville
CASE NUMBER: LV-2015-0127
PERMIT: NCO040011
FACILITY: Yanceyville WWTP
COUNTY: Caswell
REGION: Winston -Salem
Limit Violations
MONITORING
OUTFALL /
VIOLATION UNIT OF CALCULATED
% OVER
PENALTY REPORT
PPI LOCATION PARAMETER
DATE FREQUENCY MEASURE LIMIT VALUE
LIMIT VIOLATION TYPE
$300 00 3-2015
001 Effluent FEC COLI
3/7/15 Weekly #/100ml 400 2600
550.0 Weekly Geometric Mean Exceeded