NC0026611_LV20160237_20161114

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itNViO45SMeNTAL UALIT7
Certified) Mail # 7013 2630 0002 1133 6402
Return Receipt Reg uested
Gerald A Jones, Jr
Town of Morehead City
706 Arendell St
Morehead City, NC 28557-4234
PAT.MCCRORY
DONTALD R. VAN DER VAART
S. JAY ZI.MkIE'.RM AN
EC�IVF-®INCD'F�J[)\NP
No 14, 2016 Nov 16 2016
VVa ter g Secf1on
�eri�s �lrlg
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. NCO026611
Town of Morehead City
Morehead City WWTP
Case No. LV -2016-0237
Carteret County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $617.25 ($500.00 civil penalty +
$117.25 enforcement costs) against Town of Morehead City.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Morehead City 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. NCO026611. 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 Town of Morehead City violated the terms, conditions or
requirements of NPDES WW Permit No. NCO026611 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 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 Town of
Morehead City:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

$500.00 1 of the 1 violations of 143-215..1(a)(6) and Permit NO.NC0026611, by discharging waste w
the waters of the State in violation of the Permit Weekly Average for TSS - Cone.
$500.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$617.25 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 penallty:
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

on 2: Subunit a written request for remission or mitigation including a detailed justification for such
est:
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 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) dgys 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 administratave 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 admi A.FV e
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 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,
f
Jame H. 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

JUSTIFICATION FOR REMISSION ON REQ VEST
Case Number: 1LV-2016-0237 County: Carteret
Assessed ]Party: Town of Morehead City
]Permit No.: NCO026611 Amount Assessed: $617.25
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. 14313-282.1(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: ON:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QU
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Morehead City )
Morehead City WWTP )
)
PERMIT NO. NCO026611 ) CASE NO. LV -20.16-0237
Having been assessed civil penalties totaling $617.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated November 14, 2016, 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
ADDRESS
TELEPHONE
SIGNATURE

PERMIT: NCO026611
FACILITY: Morehead City !!! WTP
ATTACHMENT A
Town of -Morehead City
CASE NVMBER: LV -2016-0237
REGION: Wilmington
COUNTY: Carteret
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over Violation Penalty
Date MonthNr
Parameter Frequency
Measure Value Value Limit Type Amount
8/6/2016 8-2016
Solids, Total 5 X week
mg/I 15 25.90 72.7 Weekly $500.00
Suspended-
Average
Concentration
Exceeded

BDMSI[ON OIF WA')cIER RESOURCES - CI<VI[IL PENALTY ASSESSMENT
Violator; Town of Morehead City
Facility A- me: Morehead City WWTp
Fermit Number: EC®0266111
County: Carteret
Case Number: ]LV -2016-0237
ASSESS I ENT ]FACTORS
F) 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;
C.i�-i' `�S�gZ�--P� Cr v'r�,�C.-�'�r-7�,CJ�' ��` !�/` �/ems ����/• �~y \ ,
2) The duration and gravity of the violation;
7-1115 s
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;
./U1�
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 .dames . Gregson, Region 1 upervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCD EQ

MOIREHEAD C1
COUNCIL ' NORTH 6 A R O L I
William F:�T,%ylor, Mayor Pro Tem 706Arendell Street
George W. Ballou Morehead City, North Carolina 28557-4234
Den`!Us L. Thompson TEL [phone]
Harvey N. Walker, Jr. FAX [phone]
Diane C. Warrender www.moreheadcitync.org
November 8, 2016
James H Gregson
Regional Supervisor
NCDER
127 Cardinal Drive Extension
Wilmington, NC 28405
Pj�{r��l�y Gerald A. Jones, Jr., Mayor
Ji Ji a�P� C/rf
N A � Z
0
'NcAa5e
David S. Whitlow
.City Manager
NOV 14 7016
Water Quaky Regional
Wilmington Reg onai Office
Subject: Response to NOV & Intent to Assess Civil Penalty
Tracking Number: NOV-2016-LV-0576
Permit No. NCO026611
Morehead City WWTP
Carteret County
Dear Mr. Gregson,
This letter is in response to the NOV issues to the Morehead City WWTP
dated 10/18/2016. The following is information concerning the events
leading to this incident.
On August 2, 2016 two WWTP operators inadvertently left the RAS telescopic
valve off to Clarifier #2. This resulted in a solids overload carrying over into
the Tertiary Filters and causing the TSS weekly NOV. The valve was
discovered by the ORC and corrected on August 3, 2016.
The incident was reported to your office by me to Tom Tharrington that
same morning.
Lab staff rani all parameters for the permit even though this was not a true
representative sample of the normal effluent quality resulting in the TSS
weekly violation.
In hindsight perhaps the best solution would have been to report the
incident, but not run the TSS and sample an extra day (Saturday) to stay in
compliance.
AOA/EOE/P Equal Opportunity Employer Provider

j�jj''���(�\ T�����j Gerald A. Janes, Jr., Mayor
MOREHJi�d,11t1, CITY �PD
COUNCIL ` N 0 RT H CA FZ ® L� N A oa�c 2
n
William 1'..TAylor, Mayor Pro Tem 706Arendell Street
Georgeeff Ballou Morehead City, North Carolina 28557-4234
Der, us L. Thompson TEL [phone] NC. 185
Harvey N. Walker, Jr. FAX [phone] David S. Whitlow
Diane C. Warrender www.moreheadcitync.org City Manager
We regret this incident occurred for the Morehead City WWTP staff takes
great pride in protecting our waterways.
If you have any questions please contact me at 252-726-6237
Sincerely,
Carl Dangerfield
Town of Morehead City
WWTP Superintendent/®RC
Cc: Daniel Williams
David Whitlow
Mayor Jones
ADA/EOE/P Equal Opportunity Employer Provider

(Certified MaN # 7023 2630 0082 1133 6211
Return Receipt Reguested
October 18, 2016
Gerald A Jones, Jr
Town of Morehead City
706 Arendell St
Morehead City, NC 28557-4234
PAT NIQCRox�Y
Erne
ICON QLD _ % LEER:: VA kR-T
SUBJECT: NOTICE OF VIOLATION & INTENT 7T® ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0576
Permit No. NCO026611
Morehead City WWTP
Carteret County
Dear Permittee:
�.S' dA. 1 'LtY3M1,1'N1Ei'1.3\`1�2.1y
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 Viclation
001 Effluent Solids, Total Suspended - 8/6/2016 15 25.9 Weekly 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.
143-215.1.
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
revie�y 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.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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 violptrons of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance probl("-s,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special 01-,,;r 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/­`wg/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.
l.. _ . - . Sincerely,
Jam H. 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

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IPDES Pg,RMI NO. NCO026611 DISCHARGE NO. 001
ACILITY NAME Town of Morehead City WWTP
ERTIFIED LABORATORY �Jy own of Morehead City
)PERATOR IN RESPONSIBLE CHARGE (ORC) Carl Dangerfield
ERSON(S) COLLECTING SAMPLES Chad Sutton & WWTP Staff
EFFLUENT
MONTH _August YEAR _2016 •
CLASS IV COUNTY Carteret G'
CERTIFICATION NO. 19 ' L{° . •�kF �' -,,j R
GRADE IV CERTIFICATION NO. 985309r, -:.- 1 ') r) 6 (h
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ORC PHONE [phone] OCT I A, 2018
:HECK BOX IF ORC HAS CHANGED.I NO FLOW/DISCHARGE FROM SITE V
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BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND
ALEIGH, NC 27699-1617 , El'",
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Facility Status: (Please check one of the following)
s.
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
All monitoring data and sampling frequencies do NOT meet permit requirements
#- Glucose -Glutamic Acid out of QC limits
All data acceptable
8/1/16-8/5/16 TSS weekly violation due to operators error
ED
Compliant
Noacompliant
The permittee shall reportto the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written
submission shall also be provided within 5 days of the time the permittee becomes aware of.the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a.tiametable for improvements to be Heade as
required by ]Part ILEX of the NF DES permit.
`I certify, under penalty of law, that this document and all attachments were prepared under my direction or 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 managed.the system, or those persons directly responsible for gathering the information, the in1brmatiowsubmitted is, to the best of
my 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."
David Whitlow Ci M gr
-
Permittee (Please print or type)
ure Date
(Required 6s submitted electronically)
706 Arendell St. Morehead Citv. NC 28557 252-726-6848 7/31/2017
Permittee Address Phone Number email address Permit Expiration Date
ADDITIONAL CERT11MD LABORATORIES
Certified Laboratory (2) Environmental Chemists Certification No. 94
Certified Laboratory (3) . Environmental Testing Solutions Certification No. 37
Certified Laboratory (4) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919) 7335083or by visiting the Surface Water Protection
Section's web site 9h2o.enr.state.uc.us/wqs.and and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data
* No 1Flow/HDischarge From Site: Check this box if no discharge occurs and, as a result, there are no data to -be entered for all of the
parameters on the DMR for the entire mothering period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15ANCAC 86.0204. .
fry* Signature of Permittee:.lf signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .050'6(b)(2)(Dy.