HomeMy WebLinkAboutNC0045276_LM20170003_20170214water Resources
ENVIRUNKENTAL QUALITY
Certified Mail # 7013 2630 0002 1133 7553
Return Receipt Requested
February 14, 2017
Kem Harmon
Brunswick County Schools/Board of Education
35 Referendum Dr
Bolivia, NC 28422
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. NCO045276
Brunswick County Schools/Board of Education
Waccamaw Elementary School WWTP
Case No. LM -2017-0003
Brunswick County
Dear Permittee:
ROY COOPER
Covet -nor
MICHAEL S. REGAN
s a0ary
S. JAY ZIMMERMAN
Director
RECEIVEDINCDENWR
IVIAR -6 2017
Water Quality
Permuting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $442.25,($325.00 civil penalty +
$117:25 enforcement costs) against Brunswick County Schools/Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Brunswick County Schools/Board of Education for the month of November 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. NC0045276. The violations, which occurred in November 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Brunswick County Schools/Board of Education violated the
terms, conditions or requirements of NPDES WW Permit No. NCO045276 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 Brunswick
County Schools/Board of Education:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit I�o.NC0045276, by discharging waste water into
the waters of the State in violation of the Permit Daily Minimum for DO.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0045276, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
$75.00 for 3 of the 3 failures to properly monitor CNDUCTVY in violation of Permit No. N00045276.
$325.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$442.25 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 penalty:
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
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
4
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 14313-282.1(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 Q 0) 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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: (919) 733-2698
Fax: (919) 733-3478
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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 (3 0) 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 (910) 796-7215 or via email at dean.hunkele@ncdenr.gov.
Sincerely,
Ja s 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
J[JSTIFICATION FOR REMISSION REQUEST
Case Number: LM -2017-0003 County: Brunswick
Assessed Party: Brunswick County Schools/Board of Education
Permit No.: NC0045276 Amount Assessed: $4.42.25
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. § 143B -282.1(c), remissiod 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 ENVIRONMENTAL QUALITY
COUNTY OF BRUNSWICK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN .
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Brunswick County Schools/Board of Education )
Waccamaw Elementary School WWTP )
PERMIT NO. NCO045276 ) CASE NO. LM -2017-0003
Having been assessed civil penalties totaling $442.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 14, 2017, 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
Brunswick County Schools/Board of Education
L'
CASE NUMBER:
LM -2017-0003
PERMIT:
NCO045276
REGION:
Wilmington
FACILITY:
Waccamaw Elementary School WWTP
COUNTY:
Brunswick
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
11/30/2016
11-2016
Nitrogen, Ammonia
2 X month
mg/I
4
11.30 181.3
Monthly
$250.00
Total (as N) -
Average
Concentration
Exceeded
11/9/2016
11-2016
Oxygen, Dissolved
Weekly
mg/1
6
5.80 -3.3
Daily
$0.00
(DO)
Minimum Not
Reached
MONITORING
VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
11/5/2016
11-2016
Conductivity
Weekly
umhos/cm
Frequency
$25.00
Violation
11/19/2016
11-2016
Conductivity
Weekly
umhos/cm
Frequency
$25.00
Violation
11/26/2016
11-2016
Conductivity
Weekly
umhos/cm
Frequency
$25.00
Violation
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Brunswick County Schools/Board of Education
Facility Name: Waccamaw Elementary School WWTP
Permit Number: NCO045276
County: Brunswick
Case Number: LM -2017-0003
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
properly resulting from the violation; ., 4
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quali ;
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.
$117.25
Date J mes . Gregso , Regional Supervisor
ter Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Certified MaH # 7014 2120 0000 805719235
Return Receipt Pteg weed
January 17, 2017 '
Kern Harmon
Brunswick County Schools/Board of Education
35 Referendum Dr
Bolivia, NC 28422
ROY COOP
�7G!S+'Ld1'i4Pl'
WAI� `ROSS
.. ,tib J�2C3��17�; •'
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Y
Tracking Number: NOV-2017-LM-0008
Permit No. Nt0045276
Waccamaw Elementary School WWTP
Brunswick County
Dear Permittee:
A review of the November 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s),
Samp lie
Location i
Parameter
Date
Limit Reported
Value Value Type of Violation
001 Effluent,
Oxygen, Dissolved (DO)
11/9/2016
6 5.8 Daily Minimum Not Reached
Frequency
(00300)
001 Effluent
Conductivity (00094)
11/5/2016
Weekly
Frequency Violation
'001 Effluent
001 Effluent
Nitrogen, Ammonia Total (as
11/j0/2016
4 11.25 Monthly Average Exceeded
001. Effluent
N) - Concentration (C0610)
11/26/2016
Weekly
Frequency Violation
Monitoring Violation(s)
Samp ile
Monitoring
Location
Parameter
Date
Frequency
Type of Violation
001 Effluent
Conductivity (00094)
11/5/2016
Weekly
Frequency Violation
'001 Effluent
Conductivity (00094)
11/19/2016
Weekly
Frequency Violation
001. Effluent
Conductivity (00094)
11/26/2016
Weekly
Frequency Violation
State of North Carolina I Environmental Quality I Water Resources .
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215
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 pen"ait�y f -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. of no response us received in this Office within the 10 -day period, al ccivop pacenalpty
assessment may be prepared.
ed.
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.
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.
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.
Sincerely,
i J
Jamas H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
• Division of Water Resources, NCDEQ
Cc: .WQS Wllriington Reglonal_C+ffice Enforcement Flle '
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files, WQS
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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"NPDES PERMIT NO.: NCO045276 PERi11IT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Waccamaw Elementary School CLASS: WW -1
COUNTY: Brunswick
WWTP
OWNER NAME: Brunswick County Schools/Board of ORC: Donald Bernard Dixon-c� C> f <` > r 8'". Yj-C CERT NUMBER: 987675
Education
GRADE: WWA. ORC HAS CJJANGED: Yes AN 11 1 20.11
eDMR PERIOD: 13 -2016 (November 2016) VERSION: 1.0 to i STATUS: Processed
�._.,
SAMPLING LOCATION: EFFLUENT (DISCHARGE NO.: 001 NO DISCHARGE*: NO
0.00076 12.3 6.05 0 10.1 0 "" ""' 0'
**** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday
E
50050
00010
OO400
C0310
C0630 C0530
31616
00300
00094
E
F
r
E
E
x
=
e
o
F
_
Weekly
Weekly
2 X month
2 X month
2 X month 2 X month
2 X month
Weekly
Weekly
=
°
E
C
o
b
O
U
> Instantaneous Gab
oC
Grab
Grab
Grab Grab
Grab
Grab
Grab
U
F°
o
o
O
Z FLOW
TEMP -C
PH
BOD - Cont
NH3•N-Can, TSS - Con,
FCOLI BR
DO
CNDUCTVY
2400 clock
Hrs
2400 clock
Hn
YJBlN
mgd
deg c
su
mg/1
m /l mg/1
#/l00ml
mg/l
umhos/em
1
0.002195
2
1130
1200
Y
0.002195
19.9
6.08
9.3
3
'
0.002195
4
0.002195
5
0.002195
6
1500
1530
Y
0.002195
7
0.001485
8
0.001485
9
0.003485
18.2
6.19
<2
10.1 <2.7
<5
5.8
891
30'
H0.001465
0.001485
A
0.001485
12
1400
1430
Y
13
0.002145
14
0.002145
IS
0.002145
16
0.002145
14.7
6.05
9
17
0.002145
IB
0.002145
19
140D
1500
Y
0.002145
20
0.001285
JAN 1 72017'--
20170.001288
0.001288
22
0.001288
23
1300
1330
Y
0.001288
12.3
6.44
Q erat'1 nS Sectio
7.9
24
0.00076
WilmingiorlR-eg-io-n-Utmce
25
0.00076
26
0.00076
27
0.00076
28
1545
1610
Y
0.002443
29
> 0.002443
'
30
0.002443
16.4
6.44
2
12.4 <2.6
<5
10.1
948
Monthly Average Limit: 0.0057
10
4 30
zoo
M*nshlynvarage: 0.001754'
116.3
1
11.25 0
1
8.42
1919.5
Daily Ma:imum: 0.002443
19.9
6.44
2
12.4 0
0
10.1
948
.Daily-Alinimum• . .
0.00076 12.3 6.05 0 10.1 0 "" ""' 0'
**** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday
RMIT NO.: NCO045276 PERMIT VERSION: 4.0
NAME: Waccamaw Elementary School CLASS: WW -1
NAME: Brunswick County Schools/Board of ORC: Donald Bernard Dixon
." GRADE: WW4. ORC HAS CHANGED: Yes
eDMR PERIOD: 11-2016 (November 2016) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Brunswick
ORC CERT NUMBER: 987675
STATUS: Processed
Report Comments:
Facility failed Monthly NH3, adjustments to facility to increase alkalinity and recirculation are being made to bring NH3 back into compliance, operator sampling error in that ph
whicb is only required 2/month was pulled weekly and Conductivity which is required weekly was only pulled 2/month