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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 t ® 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 mailplece, or on the front if space permits 1. 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