NC0020389_PC-2018-0019_20190125

ROY COOPER
704 x "' ,, - -, - Governor
y, .�', MICHAEL S. REGAN
t , , Secretor}+
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r-=, r LINDA CULPEPPER
Director
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NORTH CAROLINA
Eazvla'atn nentaf Quality
January 25, 2019
CERTIFIED MAIL#7016 2140 0000 4371 0561
RETURN RECEIPT REQUESTED
Mr. Timothy Robbins, Public Works Director
Town of Benson
P.O. Box 69
Benson,NC 27504-0069
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NC0020389
Benson WWTP
Case No. PC-2018-0019
Johnston County
Dear Mr. Robbins:
This letter transmits a notice of a civil penalty assessed against the Town of Benson in the amount
of$57,608.90 (includes $608.90 in enforcement costs).
This assessment is based upon the following facts: two sludge release incidents were observed on
June 15, 2018 and June 21, 2018, and a Compliance Evaluation Inspection on June 21, 2018
showed failure to properly operate and maintain the wastewater treatment plant by having several
treatment units out of service, failure to-record freeboard measurements daily, failure to properly
collect composite samples, and failure to provide an annual report to customers.
• A Notice of Violation Notice of Intent to Enforce(NOV-2018-PC-0214) for the
unauthorized sludge discharge/overflows was sent to Matthew Zapp, Town Manager for the
Town of Benson, on July 6, 2018.
• A Notice of Violation Notice of Intent to Enforce(NOV-2018-PC-0244) was sent to
Matthew Zapp, Town Manager for the Town of Benson, on July 18, 2018.
The State's enforcement costs in this matter may be assessed against the the Town of Benson
pursuant to NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts,the Division concludes as a matter of law that theTown of Benson
violated the terms, conditions or requirements of NPDES Permit NC0020389, in the manner and
extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Benson WWTP
Case No.:PC-2018-0019
January 2019
Page 2 of 7
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,the Division hereby makes the following civil penalty assessment
against the Town of Benson:
$ 4,000 for violation of NPDES Permit No.NC0020389 Part II Section B.2. Duty to
Mitigate by failing to minimize or prevent the release of sludge from the
wastewater treatment plant on June 15, 2018.
$ 15,000 for 2 of 2 violations of NPDES Permit No.NC0020389 Part II Section C.2.
Proper Operation and Maintenance by failing to properly operate and
maintain the wastewater treatment plant to prevent the release of sludge on
June 15, 2018 and by having several treatment units and equipment out of
service on June 21, 2018.
$ 20,000 for violation of NPDES Permit No.NC0020389 Part II Section C.6. •
Removed Substances by failing to dispose of sludge properly on June 15,
2018.
$ 10,000 for 2 of 2 violations of Title 15A North Carolina Administrative Code 02T
.0505(d) Design Criteria by failing to operate the 3 million gallon concrete
lined sludge lagoon with at least two feet of freeboard on June 15, 2018 and
June 21, 2018.
$ 4,000 for violation of NPDES Permit No.NC0020389 Part I. Condition A. (6)by
failing to daily record the freeboard in the two EQ basins.
$ 1,000 for violation of NPDES Permit No:NC0020389 Part II. Section A
Definitions - Composite Sample by-failing to collect samples flow
proportionally over a 24-hour period.
$ 2,000 for violation of NPDES Permit No.:NC0020389 Part II. Section E.6 Twenty-
four Hour Reporting by failing to report the release of sludge from the
wastewater treatment plant within 24 hours from the time of becoming
aware of the release of sludge.
$ 1,000 for violation of NPDES Permit No. NC0020389 Part II. Section E.12
Annual Performance Reports by failing to provide an annual report to the
users/customers served by the Permittee. •
$ 608.90 Enforcement Costs
$57,608.90 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty the Division has 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:

Benson WWTP
Case No.: PC-2018-0019
January 2019
Page3 of7
(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 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:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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

Benson WWTP -
Case No.:PC-2018-0019
January 2019 .
Page 4 of 7
in writing. The Director of the Division 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:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 original and one(1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601

Benson WWTP
Case No.:PC-2018-0019-
January 2019 -
Page 5 of 7
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 John Hennessy at 919-707-3615 or via e-mail
(j [e-mail]).
ely,
Linda Culpepper
Director,Division of Water Resources
ATTACHMENTS
cc: DWR Raleigh Regional Office
NC0020389 Enforcement File w/attachments
Central Files w/attachments

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 ) ADMINSTRATIVE HEARING AND
TOWN OF BENSON ) STIPULATION OF FACTS
)
)
PERMIT NO.NC0020389 ) FILE NO. PC-2018-0019
Having been assessed civil penalties totaling $57,608.90 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated January 25, 2019, 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 , 2019.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2018-0019 County: Johnston
Assessed Entity: Town of Benson—Benson WWTP
Permit No.: NC0020389 Amount Assessed: $57,608.90
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);
n (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 NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ) CASE NO. PC-2018-0019
THE TOWN OF BENSON )
) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO.NC0020389 )
AND 15A NCAC 02T .0505(d) )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jeff Poupart, of the
Division of Water Resources (hereby known as DWR),make the following:
I. FINDING OF FACT
A. The Town of Benson is a person organized and existing under the laws of the State
of North Carolina.
B. On August 9, 2013,the Town of Benson was issued NPDES Permit Number
NC0020389, effective September 1, 2013, for the operation and maintenance of a
wastewater treatment plant,with a discharge of wastewater located at the Benson
Wastewater Treatment Plant(WWTP) into Hannah Creek, classified C;NSW in the
Neuse River Basin, in accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina.
C. On June 15,2018, staff from the Raleigh Regional Office(RRO) of DWR responded
to an anonymous complaint of an overflow of sludge from the 3 million gallon
concrete lined sludge lagoon at the Benson WWTP. The following observations were
noted during the site inspection:
• A large amount of sludge and debris was observed on the ground.
• The freeboard of the 3 million gallon concrete lined sludge lagoon was
approximately 1 inch.
• Sludge was observed to have coursed downslope to the fence line, and outside
of the fenced WWTP area.
• Sludge was observed on the ground and piled/scraped up between the 3 million
gallon concrete lined sludge lagoon and the small equalization(EQ)pond.
There was a large amount of debris/trash in the sludge.
• Thick vegetation was observed growing in the 3 million gallon concrete lined
sludge lagoon and the small EQ pond.

D. On June 21, 2018, staff from the RRO of DWR conducted a Compliance Evaluation
Inspection of the Benson WWTP. The following observations were noted during the
compliance inspection:
• A large amount of sludge and debris was observed on the ground from the 3
million gallon concrete lined sludge lagoon.
• The freeboard of the 3 million gallon concrete lined sludge lagoon was
approximately 6 inches.
• Sludge was observed to have coursed downslope to the fence line, and outside
of the fenced WWTP area.
• Sludge was also observed on the ground and piled/scraped up between the 3
million gallon concrete lined sludge lagoon and the small EQ pond. There was
a large amount of debris/trash in the sludge.
• Thick vegetation was observed growing in the 3 million gallon concrete lined
sludge lagoon and the small EQ pond.
• Town staff were actively working to clean up the sludge spill during the
inspection.
• Debris/trash was observed on the ground in the area of the arc bar.
• A motor in the grit chamber was noticeably rusty.
• Flow-proportional sampling was not being conducted.
• Only three(3) of the five(5)rotors were operable in oxidation ditch#1.
• Of the five(5) secondary clarifiers, clarifiers#1 and#3 were not operable.
• Of the five(5)tertiary filters, filters#2 and#4 were not operable, and a large
amount of debris/trash was observed on the filters.
• Freeboard in the two EQ basins was not being recorded daily.
• The ORC logbook did not contain properly and fully completed
documentation.
• The ORC was unaware of the permit requirement to provide an annual report to
the users/customers served by the permittee.
E. On July 6, 2018, DWR issued a Notice of Violation-Notice of Intent to Enforce,
NOV-2018-PC-0214,to the Town of Benson for the unauthorized sludge
discharges/overflows observed on June 15, 2018 and June 21, 2018.
F. The Town of Benson's response dated August 1, 2018 to the Notice of Violation-
Notice of Intent to Enforce stated that"On the morning of June 11 th, treatment plant
personnel observed higher than usual water level in the sludge basin. Further visual
observation revealed that a 2x4 board and fiberglass grate had become wedged in the
decant line [...] but Town staff believe it was either residual debris from Hurricane
Matthew that may have been deposited during the flooding event or it was
intentional interference(i.e. vandalism) at a later date.Nonetheless,the items were
large enough to cause backup of the water level within the sludge basin,which
caused an overflow."

G. The Town of Benson's response dated August 1, 2018 also included the following:
• On June 11th,the treatment plant personnel began work on trying to remove the
items without success. It is believed the sludge overflow occurred sometime
between June 13th and June 14th and lasted less than 24 hours.
• McGill Environmental began sludge withdrawal on July 9th and is expected to
take 120-150 days to complete.
• Shovels/backhoe/mini-excavator deposited sludge from the affected areas in
dump trucks and carried to the Johnston County landfill. It is estimated that a
total of 100-tons of sludge was recovered, and a total of 168 man-hours was
expended between June 19th and June 29th to recover the sludge and debris.
• The most effective way to prevent vegetative growth is to reduce the sludge
levels and maintain adequate water depth with the required freeboard. It is the
practice of the Town to schedule vegetation removal at the time of annual
sludge removal. McGill will be overseeing removal of the vegetation buildup
during the current removal of sludge.
• The Town acknowledged the sludge lagoon was operated with less than two
feet of freeboard in violation of 15A NCAC 02T .0505(d).
• The Town acknowledged the failure to notify NCDEQ as required by the
NPDES permit.
H. On July 18,2018,DWR issued a Notice of Violation-Notice of Intent to Enforce,
NOV-2018-PC-0244,to the Town of Benson after a Compliance Evaluation
Inspection conducted on June 21, 2018, for failure to properly operate and maintain
the WWTP by having several treatment units out of service, failure to record
freeboard measurements daily, failure to properly collect composite samples, and
failure to provide an annual report to customers.
The Town of Benson's response dated August 9, 2018 to the Notice of Violation-
Notice of Intent to Enforce stated that actions will be taken by the Town to resolve
the violations.
J. On December 14, 2018, DWR issued a Notice of Violation-Notice of Intent to
Enforce,NOV-2018-PC-0468,to the Town of Benson for the unauthorized sludge
overflow observed on June 15,2018 and June 21, 2018.
K. The Town of Benson's response dated January 9, 2019 to the Notice of Violation-
Notice of Intent to Enforce stated that the Town provided"detailed information with
respect to the cause, date and time of the sludge overflow; ORC logbook; efforts
expended on sludge recovery; vegetative cover presence; sludge hauling records;
freeboard violations, and; reporting violations in its official response to your office
dated August 1,2018."The response also stated that a site activity report showed
that 1,182 tons of sludge had been removed between July 17 and November 30,
2018, and that the removed contents are being properly disposed of in accordance
with Part II. Section C.6 of the NPDES Permit.

L. The Town of Benson's response dated January 9, 2019 also included the following:
• Engineering consultants visited the site and evaluated existing treatment
processes, and necessary repair and upgrades include improvements to the
sludge lagoon, secondary clarifiers, filters,buildings and backup pumps.
• An Asset Management plan for the wastewater collection system was
completed in early November 2018 and presented to the Town council ad
identified necessary capital improvements over the next 10 years to reduce
inflow and infiltration into the wastewater system.
• A list of repair items that have been completed or are scheduled to begin.
• A site visit has been scheduled by one of NCDEQ's regional wastewater
treatment plant consultants.
M. NPDES Permit No.NC0020389 Part I Condition A. (6)requires the freeboard in the
lagoons (currently used for equalization/sludge holding)be recorded daily.
N. NPDES Permit No. NC0020389 Part II Section A. Definitions - Composite Sample
states samples collected over a 24-hour period by continuous sampling or combining
grab samples of at least 100 mL in such a manner as to result in a total sample
representative of the wastewater discharge during the sample period.
O. NPDES Permit No.NC0020389 Part II. Section B.2. Duty to Mitigate states the
permittee shall take all reasonable steps to minimize or prevent any discharge or
sludge use or disposal in violation of this permit with a reasonable likelihood of
adversely affecting human health or the environment [40 CFR 122.41(d)].
P. NPDES Permit No.NC0020389 Part II. Section C.2. Proper Operation and
Maintenance states the permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)which are
installed or used by the permittee to achieve compliance with the conditions of this
permit.
Q. NPDES Permit No.NC0020389 Part II. Section C.6. Removed Substances states
solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be utilized/disposed of in accordance with
NCGS 143-215.1 and in a manner such as to prevent any pollutant from such
materials from entering waters of the State or navigable waters of the United States
except as.permitted by the Commission. The Permittee shall comply with all
applicable state and Federal regulations governing the disposal of sewage sludge,
including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40
CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC
Subchapter 2T,Waste Not Discharged To Surface Waters. The Permittee shall notify
the Permit Issuing Authority of any significant change in its sludge use or disposal
practices.

R. NPDES Permit No.NC0020389 Part II. Section E.6. Twenty-four Hour Reporting
states 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. The
written submission shall contain a description of the noncompliance, and its cause;
the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected,the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance [40 CFR 122.41(1)(6)].
S. NPDES Permit No.NC0020389 Part II. Section E.12 Annual Performance Reports
states that permittees who own or operate facilities that primarily collect or treat
municipal or domestic wastewater and have an average annual flow greater than
200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as
well as the extent to which the facility was compliant with applicable Federal or
State laws,regulations and rules pertaining to water quality. The report shall be
provided no later than sixty days after the end of the calendar or fiscal year,
depending upon which annual period is used for evaluation.
T. Title 15A North Carolina Administrative Code 02T .0505(d) Design Criteria requires
all treatment/storage lagoons/ponds shall have at least two feet of freeboard.
U. A DWR file review confirmed that the Town of Benson is not allowed as a condition
of any permit, special order or other appropriate instrument issued or entered into by
the Commission under the provisions of this Article to violate water quality
standards applicable to an assigned classification or to violate any effluent standard,
limitations,permit conditions, or rules/regulations established for any point source.
V. Hannah Creek is classified as C;NSW waters in the Neuse River Basin.
W. The cost to the State of the enforcement procedures in this matter totaled$608.90.
Based upon the above Finding of Fact, I make the following:,
II. CONCLUSION OF LAW
A. The Town of Benson is a `person' within the meaning of G.S.143-215.6A pursuant
to G.S. 143-212(4).
B. Hannah Creek constitutes waters of the State within the meaning of G.S. 143-212(6).

C. The Town of Benson was issued NPDES Permit No.NC0020389 in accordance with
G.S. 143-215.1(a).
D. On June 15, 2018, the Town of Benson violated NPDES Permit No.NC0020389
Part II. Section B.2. Duty to Mitigate by failing to minimize or prevent the release of
sludge from the wastewater treatment plant.
E. On June 15, 2018,the Town of Benson violated NPDES Permit No. NC0020389
Part II. Section C.2. Proper Operation and Maintenance by failing to properly operate
and maintain the wastewater treatment plant to prevent the release of sludge from the
wastewater treatment plant.
F. On June 15, 2018,the Town of Benson violated NPDES Permit No.NC0020389
Part II. Section C.6. Removed Substances by failing to dispose of sludge properly.
G. On June 15, 2018,the Town of Benson violated NPDES Permit No.NC0020389
Part II. Section E.6 Twenty-four Hour Reporting by failing to report the release of
sludge from the wastewater treatment plant within 24 hours from the time of
becoming aware of the release of sludge.
H. On June 15, 2018 and June 21, 2018, the Town of Benson violated Title 15A North
Carolina Administrative Code 02T .0505(d)Design Criteria by failing to operate the
3 million gallon concrete lined sludge lagoon with at least two feet of freeboard.
I. On June 21, 2018,the Town of Benson violated NPDES Permit No.NC0020389
Part II. Section C.2. Proper Operation and Maintenance by failing to properly operate
and maintain all facilities and systems of treatment and control (and related
appurtenances)which are installed or used by the permittee to achieve compliance
with the conditions of this permit by having several treatment units and equipment
out of service.
J. The Town of Benson violated NPDES Permit No.NC0020389 Part I. Condition A.
(6)by failing to daily record the freeboard in the two EQ basins.
K. The Town of Benson violated NPDES Permit No.NC0020389 Part II. Section A
Definitions - Composite Sample by failing to collect samples flow proportionally
over a 24-hour period.
L. The Town of Benson violated NPDES Permit No.NC0020389 Part II. Section E.12
Annual Performance Reports by failing to provide an annual report to the
users/customers served by the Permittee.
M. The Town of Benson may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000)per violation per day may be assessed against a person

who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
N. , The State's enforcement cost in this matter may be assessed against the Town of
Benson pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
O. Jeff Poupart of the Division of Water Resources,pursuant to delegation provided by
the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION ,
Accordingly,the Town of Benson is hereby assessed a civil penalty of:
$ coo for violation of NPDES Permit No.NC0020389 Part II Section B.2.
Duty to Mitigate by failing to minimize or prevent the release of
sludge from the wastewater treatment plant on June 15, 2018.
$ /S 000 for 2 of 2 violations of NPDES Permit No. NC0020389 Part II
Section C.2. Proper Operation and Maintenance by failing to properly
operate and maintain the wastewater treatment plant to prevent the
release of sludge on June 15, 2018 and by having several treatment
units and equipment out of service on June 21, 2018.
$ 20 0 00 for violation of NPDES Permit No.NC0020389 Part II Section C.6.
Removed Substances by failing to dispose of sludge properly on June
15, 2018.
$ 10, 000 for 2 of 2 violations of Title 15A North Carolina Administrative
Code 02T .0505(d)Design Criteria by failing to operate the 3 million
gallon concrete lined sludge lagoon with at least two feet of freeboard
'on June 15, 2018 and June 21, 2018.
$ 'j O0O for violation of NPDES Permit No.NC0020389 Part I. Condition A.
(6)by failing to daily record the freeboard in the two EQ basins.
$ i/ 0 00 for violation of NPDES Permit No.NC0020389 Part II. Section A
Definitions - Composite Sample by failing to collect samples flow
proportionally over a 24-hour period.

$ 2l Od o for violation of NPDES Permit No.NC0020389 Part II. Section E.6
Twenty-four Hour Reporting by failing to report the release of sludge
from the wastewater treatment plant within 24 hours from the time of
becoming aware of the release of sludge.
$ �, 0 DO for violation of NPDES Permit No.NC0020389 Part II. Section E.12
Annual Performance Reports by failing to provide an annual report to
the users/customers served by the Permittee.
$ 57 000 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 608.90 Enforcement Cost
$ 57, 6O8 0 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors
set out in 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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
' Va7A7 .------ ____________
Date Jeff Poupart
Division of Water Resources