NC0020389_LM20180006_20180123 (2)

ROY COOPER
K`rla
Gat erlar
IN11CI-LAEL S_ REGAN
sect'ciwl
Water Resources LLNDA CULPEPPER
£NUMONMENTAL GUAt9TY Interml D'rcctot
Certified Mail # 7016 3560 0000 4428 5676
Return Receipt Requested
January 23, 2018
Matthew R Zapp, Manager Town
Town of Benson
PO Box 69
Benson, NC 27504-0069
SUBJECT Notice of Violation and Assessment of Civil Penalty RECEIVED/DENPUD WR
for Violations of North Carolina General Statute (G S ) 143-215 1(a)(6)
and NPDES WW Permit No NCO020389 FEB 0 5 2018
Town of Benson
Benson WWTP Water Resources
Case No LM -2018-0006 Permitting Section
Johnston County
Dear Mr Zapp
Tlus letter transmits a Notice of Violation and assessment of civil penalty in the amount of $356 76 ($325 00 civil penalty +
$3176 enforcement costs) against Town of Benson
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Benson for the month of September 2017 This review has shown the subject facility to be in
violation of the discharge linntations and/or monitoring requirements found in NPDES WW Permit No NCO020389 The
violations, which occurred in September 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of lav that Town of Benson violated the terms, conditions or
requirements of NPDES WW Permit No NCO020389 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 pernut 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, Danny Smith, Regional
Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Benson
State of North Carolina I Environmental Quality I Watei Resources
1628 Mail Service Centei, Raleigh, NC 27699-1628
919-791-4200

$25000 1 of the 1 violations of 143-215 l (a)(6) and Permit No NC0020389, by discharging wastewater into
the waters of the State in violation of the Permit Weekly Average for BOD - Cone
$2500 for 1 of the 1 failures to properly monitor NO2&NO3 in violation of Permit No NC0020389
$2500 for 1 of the 1 failures to properly monitor TOT KJEL in violation of Permit No NC0020389
$2500 for 1 of the 1 failures to properly monitor TOTAL N - Conc in violation of Permit No NC0020389
$325 00 TOTAL CIVIL PENALTY
$3176 Enforcement Costs
$356 76 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 143 B-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
forin) 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:
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 Comnrnission'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 attached assessment document you must file a petition for an administrative
hearing You may obtain the petition form from the Office of Admnimstrative 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 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 Ehe 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 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 Mitchell Hayes with the Division of Water Resource staff of the Raleigh
Regional Office at [phone] or via email at mach hayes@ncdenr gov
Si cerel ,
Danny Smrt, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc. WQS Raleigh Regional Office - Enforcement - ile
NPDES Compliance/Enforcement Unit - Enfo_cement File
Central Files

ATTACHMENT A
Town of Benson
CASE NUMBER. LM -2018-0006
PERMIT- NCO020389
REGION:
Raleigh
FACILITY: Benson WWTP
COUNTY:
Johnston
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
9/30/2017 9-2017
BOD, 5 -Day (20 Deg
5 X week
mg/I
750 904 205
Weekly
$25000
C) - Concentration
Average
Exceeded
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
9/2/2017 9-2017
Nitrite plus Nitrate
Weekly
mg/I
Frequency
$2500
Total (as N)
Violation
9/2/2017 9-2017
Nitrogen, Kjeldahl,
Weekly
mg/I
Frequency
$2500
Total (as N)
Violation
9/2/2017 9-2017
Nitrogen, Total -
Weekly
mg/I
Frequency
$2500
Concentration
Violation

.IUSTIFICATION FOR REMISSION REQUEST
Case Number: LM -2018-0006
Assessed Party: Town of Benson
Permit No.: NC0020389
County: Johnston
Amount Assessed: $356 76
Please use this form when requesting remission of this cavil penalty You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipi,lation of Facts" form to request rermssion 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 renussion 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 dozument 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 foi),
(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 JOHNSTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Benson )
Benson WWTP 1
PERMIT NO NCO020389 ) CASE NO. LM -2018-0006
Having been assessed civil penalties totaling $356 76 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 23, 20185 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