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Home My WebLink AboutNC0020354_NOV and Intent to Assess_19980804' GovirnNOR ..t WAYNS MCD[V17Tf`p SzCReTARY 44 NOW Z CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Walter Harris, Town Manager Town of Pittsboro P.O. Box 759 Pittsboro, NC 27312 Dear Mr. Harris: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE August 4, 1998 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO020354 Town of Pittsboro WWTP Case No. LM 98-017 Chatham County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $170.80 ($125.00 + $45.80 enforcement costs) against the Town of Pittsboro. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Pittsboro for the month of May 1998. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0020354. The violations which occurred in May 1998 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Pittsboro violated the terms, conditions or requirements of NPDES Permit NCO020354 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. Pursuant to N.C.G.S. 143-215.6A(a)(2), a civil penalty of not more than ten thousand dollars ($10,000.00) per day per violation may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609 PHONE 919-571-4700 FAX 919-571-4718 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER AUG -5 98 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Kenneth Schuster, P.E., Division of Water Quality Regional Supervisor for the Raleigh Region, hereby make the following civil penalty assessmentzgainst the Town of Pittsboro. $ For 0 of the _1_ violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NCO020354, by discharging waste into the waters of the State in violation of permit monthly average effluent limits for NH3-N. For 1 of the _1_ failure to monitor for effluent temperature in violation of G.S. 143-215.1(a)(6) and the terms of NPDES Permit No. NC0020354. $ 25 For I of the _1_ failure to monitor for influent BOD in violation of G.S. 143-215.1(a)(6) and the terms of NPDES Permit No. NC0020354. $5 For I of the _1_ failure to monitor for influent TSS in violation of G.S. 143-215.1(a)(6) and the terms of NPDES Permit No. NC0020354. / $ J For of the _1_ failure to monitor for Total Phosphorus in violation of G.S. 143-215.1(a)(6) and the terms of NPDES Permit No. NC0020354. TOTAL CIVIL PENALTY, which is Z, 5' ,S percent of the maximum penalty authorized by G.S. 143-215.6A. $ 45.80 Enforcement costs. $ 1-76. 96 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 M 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B - 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. AUG -5 98 Please submit this information to the attention of Point Source Compliance/Enforcement Unit Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn, General Counsel Department of Environment and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. 86 S- OnV Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Raleigh Regional Office at 919-571-4700. z9 ► 9g ate) Kenneth Schuster, P.E. Water Quality Regional Supervisor Raleigh Region Division of Water Quality ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments �rntfal--Files _w/ -attachments 1 AUG -5 93 Attachment A Town of Pittsboro VVVVTP May Limit Violations Monthly Average Limit Violations Parameter. Reported Value Limit NH3-N 1.11 1.0 Daily Maximum Limit Violations Parameter Date Reported Value Limit None Monitoring Violations Required Monitoring Parameter Monitoring Frequency Temperature Daily BOD 3/week TSS 3/week Total Phosphorus weekly Insufficient Values Parameter Location Date Temperature effluent 980507 BOD influent 980510-980516 TSS influent 980510-980516 Total Phosphorus effluent 980503-980509 * = limit violations that were assessed a civil penalty Units mg/1 Units Location Effluent Influent Influent Effluent Number of Insufficient Values 1 1 1 1 36 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. -1—P4 W-017 Having been assessed civil penalties totalling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated the undersigned, desiring to seek remission of the civil penalties, 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. This the day of .'19 BY ADDRESS TELEPHONE 86 S- 511V �jj