NC0020354_Civil Penalities_19980724

State of�North Carolina
Department of Environment ffl��VA
and Natural Resources 0 0
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary D E N R
A. Preston Howard, Jr., P.E., Director
July 24, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Walter F. Harris
Town of Pittsboro
P. O. Box 759
Pittsboro, NC 27312
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1(a)(6)
Town of Pittsboro
Chatham County
File No. LM 98-006
NPDES Permit Number NCO020354
Dear Mr. Harris:
This letter transmits notice of a civil penalty assessed against the Town of Pittsboro in the
amount of $16,995.43, including $492.93 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the
subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
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:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

4.
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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.
Please submit this information to the attention of.
Ms. Coleen Sullins
Water Quality Section Chief
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

JUL 9g 1998
CE"VTRA ALES

Failure to exercise one of the options above within the 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. Please be advised that additional assessments may be levied for violations which
occur after the review period of this assessment.
If you have any questions, please contact Bob Sledge at [phone], extension
233.
Sincerely,
1>"
I)r'.. w
i -A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files- W/ attachments )
Public Information Office w/ attachments

JUL 28 1998
C`NTFAL FILES

STATE OF NORTH CAROLINA
COUNTY OF
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling 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 119
BY
ADDRESS
TELEPHONE

e
AUL 28 1998
C` "'RAL FILES

STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
IN THE MATTER OF
TOWN OF PITTSBORO
FOR VIOLATIONS OF:
NPDES PERMIT NO. NC0020354
AND NORTH CAROLINA GENERAL
STATUTE 143-215.1(a)(6)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL AND NATURAL RESOURCES
File No. LM 98-006
FINDINGS AND DECISIONS AND
ASSESSMENT OF CIVIL
PENALTIES
Acting pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources, I, A. Preston
Howard, Jr., P.E., Director of the Division of Water Quality (DWQ),
make the following:
I. FINDINGS OF FACT:
A. The Town of Pittsboro is a municipality organized and
existing under the laws of the State of North Carolina.
B. The Town of Pittsboro operates a 0.75 mgd wastewater
treatment plant on Small Street Extension, which is
located in Pittsboro, North Carolina.
C. The Town of Pittsboro wao issued NPDES Permit No.
NC0020354 on May 10, 1996, effective June 1, 1996,
with an expiration date of February 28, 2001.
D. Said permit contains the following relevant monthly
average effluent limitation:
Parameter
Limitation
Units
Fecal Coliform
200
Colonies/100 ml
BOD (summer)
5.0
mg/1
BOD (winter)
10
mg/1
NH3 (summer)
1.0
mg/1
NH3 (winter)
2.3
mg/1
E. Said permit contains the following relevant weekly
average effluent limitations:
Parameter Limitation Units
Fecal Coliform 400 Colonies/100 ml
BOD (summer) 7.5 mg/1
BOD (winter) 15 mg/1
F. Monthly self monitoring reports since January 1997 have
revealed exceedances of the above-cited permit effluent
limits as reflected in Attachment A.

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G. None of the exceedances of the permit effluent
limitations were the result of a bypass or power failure
at the plant as defined in the permit.
H. Notices of Violation concerning the permit limitation
violations at the subject plant were sent to the Town
of Pittsboro by DWQ's Raleigh Regional Office.
I. Said permit contains the following relevant
reporting requirements:
Parameter Required Frequency Location
Temperature
BOD
NH3
TSS
Fecal coliform
Dissolved Oxygen
Temperature
Dissolved Oxygen
Fecal coliform
Conductivity
Daily
3/week
3/week
3/week
3/week
3/week
3/week June -Sept,
3/week June -Sept,
3/week June -Sept,
3/week June -Sept,
* U = Upstream, D = Downstream
weekly thereafter
weekly thereafter
weekly thereafter
weekly thereafter
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
U & D*
U & D*
U & D*
U & D*
J. Monthly self-monitoring reports from January 1997
through December 1997 have revealed violations of the
above-cited permit for failure to monitor as reflected in
Attachment A.
K. The Town was assessed $3240.57 on October 29, 1996 for
the discharge of raw sewage to a storm drain (case no. DV
96-07) .
L. The costs to the State of the enforcement procedures in
this matter totalled $ 492.93.
Based upon the above findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The Town of Pittsboro is a "person" within the meaning of
G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. NPDES Permit No. NC0020354 is required by G.S. 143-215.1.
C. The effluent limitations and reporting requirements
contained in the subject permit are terms, conditions, or
requirements of said permit.

JUL 28 1993 .
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D. The Town of Pittsboro violated G.S. 143-215.l(a)(6) and
NPDES Permit No. NC0020354 on 9 occasions from January
1997 through December 1997 in the manner and to the
extent described in Attachment A, by permitting waste to
be discharged into the waters of the State in violation
of the monthly average permitted effluent limits for
fecal coliform bacteria.
E. The Town of Pittsboro violated G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0020354 on 4 occasions from January
1997 through December 1997 in the manner and to the
extent described in Attachment A, by permitting waste to
be discharged into the waters of the State in violation
of the monthly average permitted effluent limits for
BOD.
F. The Town of Pittsboro violated G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0020354 on 3 occasions from January
1997 through December 1997 in the manner and to the
extent described in Attachment A, by permitting waste to
be discharged into the waters of the State in violation
of the monthly average permitted effluent limits for
NH3.
G. The Town of Pittsboro violated G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0020354 on 25 occasions from January
1997 through December 1997 in the manner and to the
extent described in Attachment A, by permitting waste to
be discharged into the waters of the State in violation
of the weekly average permitted effluent limits for
fecal coliform.
H. The Town of Pittsboro violated G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0020354 on 4 occasions from January
1997 through December 1997 in the manner and to the
extent described in Attachment A, by permitting waste to
be discharged into the waters of the State in violation
of the weekly average permitted effluent limits for
BOD.
I. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit•No. NC0020354 by
failing to monitor for effluent Temperature on 104
occasions as reflected on Attachment A.
J. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for effluent NH3 on 2 occasions as
reflected on Attachment A.
K. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for effluent BOD on 1 occasion as
reflected on Attachment A.

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L. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for effluent TSS on 1 occasion as
reflected on Attachment A.
M. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for effluent fecal coliform on 1
occasion as reflected on Attachment A.
N. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for effluent dissolved oxygen on 1
occasion as reflected on Attachment A.
O. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for upstream dissolved oxygen on 2
occasions as reflected on Attachment A.
P. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for upstream fecal coliform on 2
occasions as reflected on Attachment A.
Q. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for upstream temperature on 2
occasions as reflected on Attachment A.
R. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for upstream conductivity on 2
occasions as reflected on Attachment A.
S. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for downstream dissolved oxygen on 2
occasions as reflected on Attachment A.
T. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES •Permit No. NC0020354 by
failing to monitor for downstream fecal coliform on 2
occasions as reflected on Attachment A.
U. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for downstream temperature on 2
occasions as reflected on Attachment A.
V. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NC0020354 by
failing to monitor for downstream conductivity on 2
occasions as reflected on Attachment A.

cE/VT Ra L F/L ES

W. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NCO020354 by
failing to monitor for influent BOD on 1 occasion as
reflected on Attachment A.
X. By reporting as described in Part I.J above, the Town of
Pittsboro violated NPDES Permit No. NCO020354 by
failing to monitor for influent TSS on 1 occasion as
reflected on Attachment A.
Y. General Statute 143-215.6A(a)(2) provides that a civil
penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against a person who
violates or fails to act in accordance with the terms,
conditions, or requirements of a permit required by G.S.
143-215.1.
Z. The State's enforcement costs in this matter may be
assessed against the Town of Pittsboro pursuant to G.S.
143-215.3(a)(9) and G.S. 143B -282.1(b)(8).
AA. The Director, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of
Environment and Natural Resources, has the authority to
assess civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION:
Accordingly, the Town of Pittsboro is hereby assessed a civil
penalty of:
For G of 9 violations of NPDES
Permit No. NCO020354 and G.S. 143-
215.1(a)
43 -
215.1(a) (6) , by discharging waste
into the waters of the State in
violation of the monthly average
permitted effluent limits for fecal
coliform bacteria.
$ l . / SD . 00 For_I of 4 violations of NPDES
Permit No. NCO020354 and G.S. 143-
215.1(a)(6), by discharging waste
into the waters of the State in
violation of the monthly average
permitted effluent limits for BOD.

JUL 28 1998
FILES

$ r , t 5a- 00 For I of 3 violations of NPDES
Permit No. NCO020354 and G.S. 143-
215.1(a) (6) , by discharging waste
into the waters of the State in
violation of the monthly average
permitted effluent limits for NH3.
$ 312.50 For /5 25 violations of NPDES
Permit No. NCO020354 and G.S. 143-
215.1(a)(6), by discharging waste
into the waters of the State in
violation of the weekly average
permitted effluent limits for fecal
coliform.
$ 8 77. S O For 1 of 4 violations of NPDES
Permit No. NCO020354 and G.S. 143-
215.1(a)(6), by discharging waste
into the waters of the State in
violation of the weekly average
permitted effluent limits for BOD.
$ I � q s s• O O
For( of 104 failures to report
effluent Temperature in violation of
NPDES Permit No. NC0020354.
$ ! l S.
o O
For 2
of 2 failures to
report
effluent NH3
in violation of
NPDES Permit
No. NC0020354.
$ s7•
S4
For %
of 1 failure to
report
effluent BOD
in violation of
NPDES Permit
No. NC0020354.
$ S7,
Sp
For
of 1 failure to
report
effluent TSS
in violation of
NPDES Permit
No. NC0020354.
$ X7.5®
For I
of 1 failure to
report
effluent fecal coliform in violation
of NPDES Permit No. NC0020354.
For I of 1 failure to report
effluent dissolved oxygen in
violation of NPDES Permit No.
NC0020354.
$
57. So For 2 of 2 failures to report
upstream dissolved oxygen in
violation of NPDES Permit No.
NC0020354.

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$ S'7, So For ?.� of 2 failures to report
upstream fecal coliform in violation
of NPDES Permit No. NC0020354.
$ S'7. So For 2 of 2 failures to report
upstream temperature in violation
of NPDES Permit No. NC0020354.
$ .9 -7 --so For Z of 2 failures to report
upstream conductivity in violation
of NPDES Permit No. NC0020354.
$ S-7_ sp For Z of 2 failures to report
downstream dissolved oxygen in
violation of NPDES Permit No.
NC0020354.
For 2 of 2 failures to report
downstream fecal coliform in
violation of NPDES Permit No.
NC0020354.
For Z- of 2 failures to report
downstream temperature in violation
of NPDES Permit No. NC0020354.
$ T-7 For ;L of 2 failures to report
downstream conductivity in violation
of NPDES Permit No. NC0020354.
$ d •= For I of 1 failure to report
influent BOD in violation of NPDES
Permit No. NC0020354.
$ d For ' I of 1 failure to report
influent TSS in violation of NPDES
Permit No. NC0020354.
So TOTAL CIVIL PENALTY, which is i /. O
percent of the maximum penalty
authorized by G.S. 143-215.6A.
$ 492.93
$�2c s. 43
Enforcement costs.
TOTAL AMOUNT DUE

CEA4TRAL ,ALES

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.
(Date) A. Preston Howard, Jr., P.E.
Director, Division of Water Quality

1998

Weeklv Averaee Violations:
Parameter
Week of
ATTACHMENT A
Permit Limit
Fecal coliform
971123
Page 1 of 2
400/100 ml
Months Average
Violations:
574/100 ml
400/100 ml
Parameter
Date
Result
Permit Limit
Fecal coliform
9701
837/100 ml
200/100 ml
Fecal coliform
9702
23,710/100 ml
200/100 ml
BOD
9702
15.6 mg/l
10 mg/l
NH3
9702
5.29 mg/l
2.3 mg/l
BOD
9703
13 mg/l
10 mg/l
NH3
9703
6.98 mg/l
2.3 mg/l
Fecal coliform
9703
1539/100 ml
200/100 ml
BOD
9704
6.5 mg/l
5.0 mg/l
BOD
9705
6.4 mg/l '
5.0 mg/l
NH3
9705
4.62 mg/l *
1.0 mg/l
Fecal coliform
9705
3769/100 ml'`
200/100 ml
Fecal coliform
9706
247/100 ml
200/100 ml
Fecal coliform
9707
1020/100 ml *
200/100 ml
Fecal coliform
9708
506/100 ml
200/100 ml
Fecal coliform
9710
457/100 ml ::
200/100 ml
Fecal coliform
9711
514/100 ml
200/100 ml
Weeklv Averaee Violations:
Parameter
Week of
Result
Permit Limit
Fecal coliform
971123
1292/100 ml
400/100 ml
Fecal coliform
971109
574/100 ml
400/100 ml
Fecal coliform
971102
1030/100 ml q:
400/100 ml
Fecal coliform
971026
441/100 ml
400/100 ml
Fecal coliform
971019
1172/100 ml
400/100 ml
Fecal coliform
971012
408/100 ml
400/100 ml
Fecal coliform
971005
1048/100 ml
400/100 ml
Fecal coliform
970803
2447/100 ml
400/100 ml
Fecal coliform
970810
681/100 ml
400/100 ml
Fecal coliform
970629
2165/100 ml
400/100 ml
Fecal coliform
970706
2829/100 ml
400/100 ml
Fecal coliform
970713
439/100 ml
400/100 ml
Fecal coliform
970720
538/100 ml *
400/100 ml
Fecal coliform
970727
657/100 ml *
400/100 ml
Fecal coliform
970601
795/100 ml *
400/100 ml
Fecal coliform
970622
725/100 ml *
400/100 ml
BOD
970518
13.6 mg/1 *
7.5 mg/1
Fecal coliform
970518
600,000/100 ml *
400/100 ml
Fecal coliform
970511
7421/100 ml *
400/100 ml
Fecal coliform
970525
426/100 ml
400/100 ml
BOD
970323
23 mg/l
15 mg/1
Fecal coliform
970316
6419/100 ml
400/100 ml
* Assessed

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CEN' RAL FI LES

ATTACHMENT A
Page 2 of 2
Parameter
Week of
Result
Permit Limit
Fecal coliform
970323
110,086/100 ml
400/100 ml
BOD
970209
18.6 mg/l
15 mg/l
BOD
970223
16.3 mg/l
15 mg/l
Fecal coliform
970202
82,578/100 ml
400/100 ml
Fecal coliform
970209
75,595/100 ml
400/100 ml
Fecal coliform
970216
8145/100 ml
400/100 ml
Fecal coliform
970223
6214/100 ml
400/100 ml
Effluent Monitoring_ Violations
Effluent temperature is required to be monitored daily; was monitored 3/week for during 1997.
Total number of violations: 104 * 68 Violations Assessed
Stream Monitorine Violations
# of Values
# of Values
# of
Date
Parameter
Required
Reported
Violations
Week of August 31
NH3
3/week
2
1
Week of July 27
BOD
3/week
2
1
" "
TSS
3/week
2
1
"19NH3
Temp.
3/week
2
1
"51Fecal
Cond.
3/week
2
1
Week of Feb. 9
D.O.
3/week
2
1
Stream Monitorine Violations
* Assessed
# of Values
# of Values
# of
Date
Parameter
Required
Reported
Violations
Upstream
Week of June 1
D.O.
3/week
1
2
"19Fecal
3/week
1
2
" "
Temp.
3/week
1
2 -
" "
Cond.
3/week
1
2
Downstream
Week of June 1
D.O.
3/week
1
2
" "
Fecal
3/week
1
2
"
Temp.
3/week
1
2
" "
Cond.
3/week
1
2
Influent Monitoring_
Violations
Week of Feb. 2
BOD
3/week
2
1
Week of Feb. 2
TSS
3/week
2
1
* Assessed

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