NC0030970_LV-2018-0062_20180404

DIVISION OF WATER RESOURCES - CIVEL PENALTY ASSESSMENT
Violator: Town of Spring Lake
Facility Name: Spring Lake WWTP
Permit Number: NC0030970
County: Cumberland
Case Number: LV -2018-0062
ASSESSMENT FACTORS
APR 4 2018
Water Resources
Permitting Section
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;
➢No lasting harm to the natural resources of the State, to the public health, or any damage to private property was
reported due to this violation.
2) The duration and gravity of the violation;
➢This facility had a weekly TSS violation that met enforcement criteria and a monthly Ammonia violation that did
not meet enforcement criteria.
3) The effect on ground or surface water quantity or quality or on air quality;
➢No observed effect on surface water quantity or quality has been documented from this violation.
4) The cost of rectifying the damage;
➢At this time a cost cannot be determined.
5) The amount of money saved by noncompliance;
➢It is not apparent that any money was saved from this non-compliance event.
6) Whether the violation was committed willfully or intentionally;
➢It is the opinion of the FRO that this violation was not 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
➢This -facility has -not -had any civil penalties assessed against -it within the -past 12 months. -
8) The cost to the State of the enforcement procedures.
$142.81
A/
Date Mark Brantley, Assi ant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

WulterAdsourm
0tV1RQNWWAL aiA1.i4Y
Certified Mail # 7010 1870 0003 4774 9444
Return Receipt Requested
April 3, 2018
William A Zell
Town of Spring Lake
PO Box 617
Spring Lake, NC 28390-0617
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 NCO030970
Town of Spring Lake
Spring Lake WWTP
Case No. LV -2018-0062
Cumberland County
Dear Permittee:
ROY COOPER
I -MCA iL S. kEGAN
Awrdw'v
LINDA CULPUPER
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $642 81 ($500 00 civil penalty +
$142 81 enforcement costs) against Town of Spring Lake
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Spring Lake for the month of April 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 NCO030970 The
violations, which occurred in April 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Spring Lake violated the terms, conditions or
requirements of NPDES WW Permit No NCO030970 and G S 143-215 l(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, J. Trent Allen,
Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against Town of
Spring Lake -
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300

$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00030970, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
$500.00 1 of the 1 violations of 143-215 1(a)(6) and Permit No.N00030970, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Cone.
$500 00 TOTAL CIVIL PENALTY
$142.81 Enforcement Costs
$642.81 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

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 -282.1(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 (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 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.m. and 5.00 p.m., except for official state
holidays. The petition may be filed by facsimi`1e (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 (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 Mark Brwitley with the Division of Water Resources staff of the Fayetteville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Mark Brantley, Assis ant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc. WQS Fayetteville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2018-0062
Assessed Party: Town of Spring Lake
Permit No.: NC0030970
County: Cumberland
Amount Assessed: $642 81
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 CUMBERLAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Spring Lake )
Spring Lake WWTP )
PERMIT NO. NCO030970 ) CASE NO. LV -2018-0062
Having been assessed civil penalties totaling $642 81 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 3, 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 520
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Spring Lake
CASE NUMBER: LV -2018-0062
PERMIT: NCO030970
REGION:
Fayetteville
FACILITY: Spring Lake WWTP
COUNTY:
Cumberland
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
4/30/2017 4-2017 Nitrogen, Ammonia
3 X week mg/I
8
855 68
Monthly
$000
Total (as N) -
Average
Concentration
Exceeded
4/29/2017 4-2017 Solids, Total
3 X week mg/I
45
56 5 256
Weekly
$50000
Suspended-
Average
Concentration
Exceeded

NPDES PERMIT NO. NCO030970
FACILITY NAME: Spring Lake WWTP
OWNER NAME: Town of Spring Lake
GRADE: WW -4
eDMR PERIOD- 04-2017 (April 2017)
PERMIT VERSION 3 0 PERMIT STATUS- Expired
CLASS WW -3 COUNTY- Cumberland
ORC. Richard E Mendez r IV DRC CERT NUMBER: 991626
ORC HAS CHANGED. No MAY a 7017
VERSION: 10 !�' STATUS. Processed
CENTRAL FILES
DMR SECTION
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
d
q
F
d
e
U'
9
fi
2
F'
fi
O
°
O
d
o
z O
z
a
y°
50050
Continuous
Recorder
FLOW
00010
S X week
Grab
TEMP -C
00400
3 X week
Grab
pH
50060C0310
S X week3
GrabComposite
CHLORINE
3 X week
BOD Cone
Coll,
X week
Composite
NH3-N-Cone
C74 0530
3 X week
Composite
TSS - Cone
31616
S X week
Grab
FCOLI BR
00300
3 X week
Grab
DO
2400 clock
H.
I 2400.1..k
H.
yw
I mgd
deg c
su
ugA
mg/1
I MPA
mg/l
#/100m1
I mg/I
1
1100
2
n
0 948
2
1100
2
n
0 974
3
0600
12
y
1 077
194
6 72
10
8
728
4
1100
24
0600
12
y
0988
212
679
18
105
733
<833
6
731
5
1100
24
0600
12
y
1 126
207
6 51
25
6 56
737
5 7
10
708
6
1100
24
0600
12
y
105
205
6 54
23
7 53
741
4
30
718
7
0600
12
y
1 015
187
662
22
36
716
8
1100
2
n
0 988
9
1100
2
n
1028
10
0600
12
y
0971
197
642
17
<2
743
11
1100
24
0600
12
y
0 967
203
68
27
332
445
85
5
701
12
1100
24
0600
12
y
0 936
205
676
16
474
995
43
36
713
13
1100
24
0600
12
y
0 887
21
669
24
471
107
49
50
701
14
1100
2
n
0 921
1 H
H
H
H
III
H
15
1100
12
It
085
16
1100
2
n
0875
27
0600
12
y
0 878
22
69
114
<2
789
is
1100
24
0600
12
y
0 867
224
687
17
769
705
89
36
794
19
1100
24
10600
12
y
1
0 864
21
688
21
1891
106
8
280
799
20
11100
24
0600
12
1 y
0 845
1218
683
12
606
118
45
210
773
21
0600
12
y
0 822
263
686
27
160
739
22
1100
2
n
0 854
23
1100
2
n
1 028
24
0600
12
y
1
1 749
203
688
19
> 600
798
25
1100
24
0600
12
y
135
.201
679
< 10
39 ----102
68
> 600
688
26
1100
24
0600
12
y
12
21 1
691
21
113
822
115
56
79
27
1100
24
0600
12
y
1 086
226
696
18
319
748
90
<10
703
28
0600
12
y
1 052
271
698
22
101
675
29
1100
2
n
1 045
30
1100
2
n
1 007
Monthly Average Limit'
15
28
8
30
200
Monthly Average
1009267
21405263
18 578947
11851667
8546667
18 191667
28 039106
7372105
Daily Maximum
1 749
271
696
27
39
11 8
90
600
799
Daily Minimum
0 822
187
1642
10
1332
441
10
10
675
****NoReporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation— Holiday
RECEIVED
ECIC V!!
MAY 3' 0 2017
W09ROS
FAYETTEVILLE REGIONAL OFFICE

NPDES PERMIT NO. NCO030970 PERMIT VERSION: 3 0 PERMIT STATUS- Expired
FACILITY NAME: Spring Lake WWTP CLASS: VPV-3 COUNTY. Cumberland
OWNER NAME: Town of Spring Lake ORC Richard E Mendez ORC CERT NUMBER: 991626
GRADE: WW-4 ORC HAS CHANGED: No
eDMR PERIOD• 04-2017 (April 2017) VERSION. 10 STATUS- Processed
COMPLIANCE STATUS: Non-Compliant CONTACT PHONE #: [phone] SUBMISSION DATE 05/11/2017
io�j man4 05/11/2017
ORC/Certifier Signature Richa Mendez E-Mail rmendez@spring-lake org Phone # [phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II E 6 of
the NPDES permit
A /
05/11/2017
Permittee/Submitter Signature ***(/Richard Mendez E -Mail rmendez@spring-lake org Phone # [phone] Date
Permittee Address 350 Harps St Spring Lake NC 28390 Permit Expiration Date 05/31/2016
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate t1e information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations
LAB NAME WWTP Spring Lake,Cameron Testing Services Inc
CERTIFIED LAB #: 5469,654
PERSON(s) COLLECTING SAMPLES: Facillity Staff
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http //portal ncdenr org/web/wq/swp/ps/npdes/forms
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data
* No Flow/Discharge From Site Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period
** ORC on Site9 ORC must visit facility and document visitation of facility as required per 15A NCAC 8G 0204
*** Signature of Permittee If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
0506(b)(2)(D)

NPDES PERMIT NO.. NC0030970
FACILITY NAME: Spring Lake WWTP
OWNER NAME. Town of Spring Lake
GRADE. WW -4
eDMR PERIOD 04-2017 (April 2017)
PERMIT VERSION: 3 0
CLASS: WW -3
ORC. Richard E Mendez
ORC HAS CHANGED- No
VERSION: 10
PERMIT STATUS: Expired
COUNTY- Cumberland
ORC CERT NUMBER. 991626
STATUS: Processed
Report Comments -
Weekly TSS was Non Compliant on April 25 thru 27 due to high Influent flow from heavy rain event (3 4 inches total)