HomeMy WebLinkAboutNC0021881_LV20180012_20180122W aterResource?s
ENWRONKENrAL GUAUTY
Certified Mail # 7013 2630 0002 1133 9519
Return Receipt Requested
January 22, 2018
Harry W Foley
Town of Lake Waccamaw
PO Box 145
Lake Waccamaw, NC 28450-01A5
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 NCO021881
Town of Lake Waccamaw
Lake Waccamaw WWTP
Case No LV -2018-0012
Columbus County
Dear Permittee
ROY COOPER
Gaz'enngr
MICILAEL S- BEGAN
SUCFEtff
LLVDA CL7LPE.PPER
Interim Dire�kj
RECEIVED/DENR/OWR
FEB 0 1 2018
Water Resources
Permitting Section
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 Town of Lake Waccamaw
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Lake Waccamaw 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 NCO021881
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 Town of Lake Waccamaw violated the terms, conditions or
requirements of NPDES WW Permit No NCO021881 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 Town of
Lake Waccamaw
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 143-215 1(a)(6) and Permit No NC0021881, by discharging wastewater into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc
$25000 TOTAL CIVIL PENALTY
$13775 Enforcement Costs
$38775 TOTAL AMOUNT DU -IE
Pursuant to G S 143-215 6A(c), in determining the arr_ount 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 noncompliar_ce,
(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 aut-iority, and
(8) The cost to the State of the enforcement procBdures
Within thirty (30) days of receipt of this notice, you mist 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 Carolmi a 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 remo�ssion 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(y 3 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 Bearings:
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 in , except for official state
holidays The petition maybe filed by facsimile li(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 §15013-23 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
filme process
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows
1
6714 Mail Service Center
Raleigh, NC 1 27699 6714
Tel (919) 431-3000
Fax (919) 431-3100
One (1) copy of the petition must also be served ori DEQ as follows
I
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 (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 lIbe 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 Hunkelei with the Division of Water Resources staff of the Wilmington
Regional Office at (910) 796-7215 or via email at dean hunkele@ncdenr gov
Moren�z King, Acting Regional Supervisor
Water uality Regional Operations Section
Wilmi gton Regional Office
Drvisio, of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
JUSTIFICATION FOR R]ENIISSION REQUEST
Case Number: LV -2018-0012 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NCO021881 Amount Assessed: $387 75
Please use this form when requesting remission of this civil penalty You must also complete the 'Request For Remission,
Waiver of Rzght 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 czvzl penalty assessment document),
(b) the violator promptly abated continuing environmental damage resulting from the violation (z 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 (z e, explain why the violation was unavozdable 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 COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF PACTS
Town of Lake Waccamaw )
Lake Waccamaw WWTP 1
PERMIT NO NCO021881 ) CASE NO. LV -2018-0012
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 (3 0) days from the receipt of the
notice of assessment
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENT A
Town of Lake Waccamaw
CASE NUMBER LV -2018-0012
PERMIT NCO021881
REGION
Wilmington
FACILITY. Lake Waccamaw WWTP
COUNTY•
Columbus
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
10/21/2017 10-2017 BOD, 5 -Day (20 Deg
Weekly mg/1 15 18 200
Weekly $25000
C) - Concentration
Average
Exceeded
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Lake Waccamaw
Facility Name: Lake Waccamaw WWTP
Permit Number: NCO021881
County: Columbus
Case Number: LV -2018-0012
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 BOD concentrations in wastewater
effluent can lead to degradation of the receiving stream (eutrophication, oxygen depletion, harmful effects on
aquatic life, etc )
The receiving stream is a UT of Bogue Swamp- classified as C -Swamp
2) The duration and gravity of the violation;
The October 2017 DMR indicates that the facility exceeded in 20% the weekly average BOD5 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 previous
violations for BOD exceedances in 2017
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 was issued 3 NOVs and 2 CPAs in 2017 for monthly and weekly BODS violations
8) The cost to the State of the enforcement procedures.
$137.75
'DI2"/,2,0f;z
Date Morella=Sanchez
ng, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
i
F k- y=1
IL�L1 v_�g1
4C. _na ,
,VatlerR,esowce
L `vnACULPEPPER
Cert tfoed Mala # 70317 L450 3000 3937 2,136
Return, Recer,gt Rleguestedl
Dec�r��p��r 8, 2017
Harry VV FoiQv
Tov✓r, of L_ak o V%%(ccama�,,
PO Box JJ5
Lake Waccamaw NIC'28450=0145
SUBJECT- NOT10F OF V,JICLATRONi & ERTEN T TO ASSESS MEL PENALTY
Track ng ,Number- NOV 2017 LV -0793
Perm t No NCO021881
Lake Waccamaw VAAITP
Co urnbus Courit;y
Dia r` Perm tteo.
A review of the OctQber 2017 Discharge Monitoring Report (DMR) for the subJecL facility rQve-aled the vio at,on(s)
nd cared belokv,
Loma Luceedance, Violation(s):
Sample
Location Parameter
Date
001 Effluents BOD, 5 Day 2Q Deg C) - 10 21 2037
CoticentraWn C0310
Liimit (deported
Value Value Type of Violation
�15 18 Meekly Average, Exceeded
A Not'ico of Violation Intent to Issue Civil Penalty is being issued for the noted vlol'ation of North Carolina General
.Statute (G,S.) 143 215-1, and the tolitys NPDES W"AJ Permit Pursuant to G ,S 143-215 6A, a civil penalty of
not more than twenty-five thousand dollars (525,000 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
143y 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 pfovided on the submitted Monitoring
Report(s) You vvW then be notified of any crvil penalties that may be assessed regarding the violations If no
response is reeeiJved rm this Office witNn the 10 -day period, a civil penalty assessment may y be
TUh +tip T -p jiLnc,i,aI Q o a t latur Re i5F c
iia] J gac�1� 1l' "h Cer 1 Tia 1,¢4
�� 7
Remedial actions should have already been taken to correct tj,is 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/Gr maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent
P,emiinder. 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, �"V�
r, 1
Mo-refTa San - ez g, Acting 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
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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