NC0028223_LV20170313_20171108

Fater Resources
ENVIRONMENTAL QUALITY
Certified Mail # 7013 2630 0002 1133 9236
Return Receipt Requested
November 08, 2017
Steve Beacham
Beacham Associates Ltd
1820 Wilmington Hwy
Jacksonville, NC 28540
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 NCO028223
Beacham Associates Ltd
Beacham Apartments #1 WWTP
Case No LV -2017-0313
Onslow County
Dear Permittee
ROY COOPER
Governor
MICHAEL S. REGAN
Sec rWaly
S. JAY ZIMMERMAN
04rcto'
C�7-i Y, .
NOV 1 2017
Water Quaiiiy
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $637 75 ($500 00 civil penalty +
$137 75 enforcement costs) against Beacham Associates Ltd
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Beacham Associates Ltd for the month of June 2017 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 NCO028223 The
violations, which occurred in June 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Beacham Associates Ltd violated the terms, conditions or
requirements of NPDES WW Permit No NCO028223 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 Beacham
Associates Ltd
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 No NC0028223, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc
$250 00 l of the 1 violations of 143-215 1(a)(6) and Permit No NC0028223, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc
$25000 1 of the 1 violations of 143-215 1(a)(6) and Permit No NC0028223, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NI -13-N - Conc
$50000 TOTAL CIVIL PENALTY
$137 75 Enforcement Costs
$63775 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

OptioH 2: Submit a written request for remission or mrt:gation including a detailed justification for such
*gequest:
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 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: Tile 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 in 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 § 15OB-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
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 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 [phone] or via email at dean hunkele@ncdenr gov
S
N
Asst Regional Supervisor
Water"Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Wilmington Regional Office - Enforcement File
Non -Discharge Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0313 County: Onslow
Assessed Party: Beacham Associates Ltd
Permit No.: NCO028223
Amount Assessed: $637 75
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 maybe 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 ONSLOW
IN TIIE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Beacham Associates Ltd )
Beacham Apartments #1 WWTP )
PERMIT NO NCO028223 ) CASE NO. LV -2017-0313
Having been assessed civil penalties totaling $637 75 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated November 08, 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 120
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Beacham Associates Ltd
CASE NUMBER LV -2017-0313
PERMIT.
NCO028223
REGION
Wilmington
FACILITY-
Beacham
Apartments #1 WWTP
COUNTY:
Onslow
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
6/7/2017
6-2017
BOD, 5 -Day (20 Deg
Weekly
mg/I
750
8
67
Daily
$000
C) - Concentration
Maximum
Exceeded
6/30/2017
6-2017
BOD, 5 -Day (20 Deg
Weekly
mg/I
5
6
200
Monthly
$25000
C) - Concentration
Average
Exceeded
6/30/2017
6-2017
Nitrogen, Ammonia
Weekly
mg/I
2
2 8
400
Monthly
$25000
Total (as N) -
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Beacham Associates Ltd
Facility Name: Beacham Apartments #1 WWTP
Permit Number: NCO028223
County: Onslow
Case Number: LV -2017-0313
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;
Unknown However, high nutrients in the effluent may lead to dissolved oxygen depletion in surface water, and
consequently, aquatic live could be affected
2) The duration and gravity of the violation;
Facility exceeded the monthly average for BODS and Ammonia
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
The violation is not considered willfully or intentional
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
The BIMS database for permit No WQ0028223 lists two enforcement actions in the last 12 months.
8) The cost to the State of the enforcement procedures.
$137.75
/02, �-
Date Morella Sandez King, Assist. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

October 23, 2017
SUBJECT. Response to Notice of Violation
Regarding dates 6/7, 6/30
Beacham Apartments #1 WWTP
Onslow County
Permit No. NCO028223 r1
Dear Mr Gregson.
Since our last correspondence concerning BOD's in March, we have begun to lower the
concentration of chlorine in our contact chambers to eliminate dechloring by the laboratory we
submit them to. This lessens the amount of dechlor agent they use, which lessens the potential for
COD's. It seems that this process was successful in lowering our BOD's but we saw a slight
increase of enterococcus. In April and May our laboratory results were good, however in June i
had a reported value of 8 and 6, even though the plants all looked so good and were running great.
I've operated these plants for over 30 years and have never had an issue with BOD's specifically
until this year. My first thought was that the samples were receiving too much dechlorination in the
laboratory, so now i sample after dechlorination and include the amount of ultra low chlorine
residual i tested to the lab from my bottles. At this point I'm hoping for better results in the month
of October. I am going to consult Tom Tharringon with DWQ for on-site analysis, since i cannot
seem to address these anomalies in my lab results. Please call my cell number if you have any
advice for me from your perspective.
Thanks
Steve Beacham
910-376-4162
[e-mail]

W ater Resources
1-riviRONKENTAL QUALITY
Certified Mail # 7011.3 2530 0002 1133 8949
Return Receulpt Reguested
September 29, 2017
Steve Beacham
Beacham Associates Ltd
1820 Wilmington Hwy
Jacksonville, NC 28540
SUBJECT. NOTXCE OF VH®LATH®N & XNTENT TO ASSESS CHVHL PENALTY
Tracking Number NOV-2017-LV-0648
Permit No. NCO028223
Beacham Apartments #1 WWTP
Onslow County
Dear Permittee
ROY COOPER
Gain no' -
101CHAEL S. REGAN
rrrV?0rV
S JAY ZZIMMERMAN
Mayf&
A review of the June 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below
Limit fExceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5 -Day (20 Deg. C) - 6/7/2017 7 5 8 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5 -Day (20 Deg. C) - 6/30/2017 5 6 Monthly Average Exceeded
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as 6/30/2017 2 28 Monthly Average Exceeded
N) - Concentration (C0610)
A N-Dtice 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 WW Permit Pursuant to G S 143-215.6A, a civil penalty of
not mpre 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.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

If you wish to provide additional information regarding the noted violation, request technical assist ance, 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 Monitoring
Report(s) You will then be notified of any civil penalties that may be assessed regarding the violations Xff no
response is received in this Office within the 10 -day period), a civil) penalty assessment may he
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
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,
Jal H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc WQS Wilmington Regional Office - Enforcement File
Central Files, WQS
y
State of North Carolina Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

® Complete items 1, 2, and 3
® Print your name and address on the reverse
so that we can return the card to you-
® Attach this card to the back of the r-naflpiece,
or on ,fie front If space permits
1 Article Addressed to
11111 Oil 1111,11111 l I 11 111 �1 �Ill
9590 9402 2978 7094 6162 72
Q A, -,r to Numher ITransferfrom service label)
7013 2630 0002 '1133 8949
PS Form 3811,, July 2015 PSN 7530-02-000-9053
A Signature
❑ Agent
Ali^tt; e 4 cr? r 9 ❑ Addressee
B Received by (Inted Name) C Date of Delivery
D Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below- ❑ No
3 Service Type
❑ Priority Mad Expresso
❑ Adult Signature
❑ Registered Mail -
El Adult Signature Restricted Delivery
❑ Registered Mad Restricted
❑ Certified Mails
Delivery
Ll Certified Mad Restricted Delivery
❑ Return Receipt for
❑ Collect on Delivery
Merchandise
EI Collect on Delivery Restricted Delivery
El Signature ConfirmationTm
0 Insured Mad
❑ Signature Confirmation
Ired Mad Restricted Delivery
Restricted Delivery
=r $500)
Domestic Return Receipt
Ila
FF
M
M
rtl Oostage
r-zI
CeNfied Fee
Il -i Postmark
O Return ReceiptFee
p (Endorsement Requred) .sere
0 Restricted Delivery Fee
ID (Endorsement Required)
M s ,T
_0 Total Postage a Fees 1
(U
Sera To
M/�,-'� _gra
--------------------------�

Permit Enforcement History by Permit
Permit
Region
Case
NC0028223
Wilmington
Penalty
Assessment
Approved
Penalty
Amount
Facility
County
Enforcement
Costs
Beacham Apartments #1 WWTP
Onslow
Remission Enforcement
Request Conference
Damages Received Held
Owner
EMC Collection
Hearing Memo Sent
Held To AGO
Beacham Associates Ltd
Total Paid Balance Due
Has
Payment
Plan
Case
Closed
LR -1990-0123
02/21/90
$000
$000
$000
$000
No
03/22/90
LV -2004-0529
10/22/04
$15000
$4494
11/10/04
12/01/04
$19494
$000
No
01/05/05
MV -2011-0018
03/29/11
$12500
$5930
$000
04/18/11
07/25/11
$5930
$000
No
09/15/11
LV -2017-0210
07/07/17
$55000
$11725
$000
$66725
No
LV -2017-0313
11/08/17
$50000
$13775
$000
$63775
No
LV -2004-0061
$000
$000
$000
No
09/01/05
Total Cases 6
Total Penalties
$1,32500
$35924
$1,68424
Total Penalties after
$25424
$1,30500
$1,55924

DMR REVIEW RECORD
Wilmington Regional Office
Facility Name: Beacham Apartments #1 WWTP
Permit Number: NCO028223
Report Period: June 2017
Prior Assessments:
1
Enforcement Factor: 1_00
Waterbody
Outfall # Outfall Description
Waterbody
Name
Classification
001 Effluent
Brinson Creek
SC,NSW
Monthly average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit
Action
6/30/2017 BOD, 5 -Day (20 Deg C) -
Weekly
mg/I
5
6
200
Proceed to Enforcement
Concentration
Case
6/30/2017 Nitrogen, Ammonia Total (as N) -
Weekly
mg/I
2
2.80
400
Proceed to Enforcement
Concentration
Case
Daily Limit Violations
Sample Location: Outfall 001- Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit
Action
6/7/2017 BOD, 5 -Day (20 Deg C) -
Weekly
mg/I
750
8
67
Proceed to Enforcement
Concentration
Case
6/9/2017 Chlorine, Total Residual
2 X week
ug/I
13
16
231
No Action, BPJ
6/16/2017 Chlorine, Total Residual
2 X week
ug/I
13
31
1385
No Action, BPJ
Other Violations/Staff Remarks:
Page 1 of 3

Remarks:
Completed by:
Assistant Regional
Supervisor Sign -off -
Regional Supervisor
Sign -off:
Page 2of3
Date:
Date:
Date:

Page 3 of 3
Prior 12 -Month Enforcement History
Permit Number: NCO028223
Report Period: June 2017
Limit Violation
Sample Location,
Outfall 001 - Effluent
Violation Report
Violation
Date Period
Parameter
Type NOD
NOV
CPA
3/1/2017 3-2017
BOD, 5 -Day (20 Deg C) -
Daily Maximum
NOV-2017-LV-0443
LV -2017-0210
Concentration
Exceeded
3/15/2017 3-2017
BOD, 5 -Day (20 Deg C) -
Daily Maximum
NOV-2017-LV-0443
LV -2017-0210
Concentration
Exceeded
3/29/2017 3-2017
BOD, 5 -Day (20 Deg C) -
Daily Maximum
NOV-2017-LV-0443
LV -2017-0210
Concentration
Exceeded
3/31/2017 3-2017
BOD, 5 -Day (20 Deg C) -
Monthly Average
NOV-2017-LV-0443
LV -2017-0210
Concentration
Exceeded
Page 3 of 3