NC0045276_LV20180013_20180122

ROY COOPER
MICPLA-EL S- REGAIN
Secrat�
Water Resources LLNDik CULPEPPER
WvrizOnMENTAL QUAL3Y IiVffbn DiT ecfcxr
Certified Mail # 7013 2630 0002 1133 9526
Return Receipt Requested
January 22, 2018
Kem Harmon RECEQVED/DF-ENR/04/ R
Brunswick County Schools/Board of Education
35 Referendum Dr FEB 0 1 2018
Bolivia, NC 28422 Water Resources
Parrniffing 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 WW Permit No NCO045276
Brunswick County Schools/Board of Education
Waccamaw Elementary School WWTP
Case No LV -2018-0013
Brunswick County
Dear Permittee.
This letter transmits a Notice of Violation and assessment of civil -penalty in the amount of $387 75 ($250 00 civil penalty +
$137 75 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 October 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 NC0045276. The violations, which occurred in October 2017, 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, Morella Sanchez King,
Acting 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

$25000 1 of the 1 violations of 143-2--5 1(a)(6) and Permit No NC0045276, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
L
$250 00 TOTAL CIVII, PENALTY
$13775 Enforcement Costs
$38775 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 foreclo3e further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Wastewater Brar_ch
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:
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 I(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) 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 attazhed assessment document you must file a petition for an administrative
hearing You may obtain the petition form from the Office of Administrative Hearings Yqu 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 § 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
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 res:ilt 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@ncgov
S ely,
Morella S ,Acting 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 RENIISSION REQUEST
,I
Case Number: LV -2018-0013 County: Brunswick
Assessed Party: Brunswick County Schools/Board of Education
Permit No.: NC0045276 Amount Assessed: $38775
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 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. LV -2018-0013
Having been assessed civil penalties totaling $387 75 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 22, 2018, 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
20

ATTACHMENT A
Brunswick County Schools/Board of Education
CASE NUMBER: LV -2018-0013
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 MonthNr Parameter Frequency
Measure Value Value Limit
Type Amount
10/31/2017 10-2017 Nitrogen, Ammonia 2 X month
mg/I 2 273 367
Monthly $25000
Total (as N) -
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Bruns*ick County Schools/Board of Education -
Facility Name: Waccamaw Elementary School WWTP
Permit Number: NCO045276
County: Brunswick
Case Number: LV -2018-0013 I
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;
The degree and extent of harm has not been quantified, however, high nutrient (nitrogen, ammonia) concentrations in
wastewater effluent can lead to degradation of the receiving stream (eutrophication, oxygen depletion, harmful effects on
aquatic life, etc.) Receiving Stream is a UT to Bear Branch. Stream Classification- C -Swamp
2) The duration and gravity of the violation;
The October 2107 DMR indicates that the facility exceeded the monthly average permit limit for ammonia (-36% above the
permit limit).
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on ground or surface water quantity or quality have not been evaluated
4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown.
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was committed willfully or intentionally, however, facility has prior violations for
ammonia violations.
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 facility has three previous enforcement actions in the preceding 12 -month period (all for ammonia violations).
8) The cost to the State of the enforcement procedures.
$137.75
Date
Morella S e4King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

M
Water
r
ENYMONMENTAL QUALMY
Certiffied Mail # 7017 1450 0000 3937 2953
Return Receipt Reguested
December 8, 2017
Kem Harmon
Brunswick County Schools/Board of Education
35 Referendum Dr
Bolivia, NC 28422
SUBJECT: NOTHCE OF VIOfLATIION & IINTENT TO ASSESS CIIVIIL PENALTY
Tracking, Number: NOV-2017-LV-0792
Permit No. NCO045276
Waccamaw Elementary School WWTP
Brunswick County
Dear Permittee:
ROY COOPER
GY-O;0?
X1IC LkEL 8_ REGAIL
secreta -v
LINDA CLTl.PEPPER
P,Verbn Dirfctar
A review of the October 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 10/31/2017 2 273 Monthly Average Exceeded
N) - Concentration (C0610)
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 WW 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
review of your response will be considered along with any information provided on the submitted Monitoring
Reps . L�s). You will then be notified of any civil penalties that may be assessed regarding the violations. IIf 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 Wect this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any 'additional viohations--Of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activit es, then you may wish to consider applying for a Special Order by
Consent
r
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,
Mo-ella San z Kl ; Acting Regional Supervisor
Wateua ity Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc- WQS Wilmington -Regional Office - Enforcement File--'
Central Files, WQS
State of North Carolir_a I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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