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Home My WebLink AboutNC0025437_CONFIRMATION OF PAYMENT MV-2025-0011_20251029109 N Main Street Town of Rich Square Phone: 252-539-2315 P.O Box 336 Fax: 252-539-3945 Rich Square, NC 27869 Website: richsquarenc.org October 22, 2025 Ms. Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 3800 Barrett Drive Raleigh, NC 27609 NoD�iQfEn��r,��Qlw Oct P. ..,ems C�ce Re: Notice of Violation and Assessment of Civil Penalty For Violations of North Carolina General Statute (G.S.)143-215.1 (a)(6) And NPDES W W Permit No. NCO025437 Town of Rich Square Rich Square WWTP Case No. MV 2025-0011 Northampton County Dear Ms. Manuel: Attached please find the copy of the payment for the Civil Penalty and Enforcement costs of $156.21 and the copies of the sampling reports for May 2025 and August 2025. Once we were advised that the Nitrogen, Total — Concentration and the Phosphorus, Total — concentration had not been sampled during the first quarter we reached out to Waypoint Analytical to make sure that they were sending the correct sampling requirements per our permit and to make sure that Nitrogen, Total — Concentration and the Phosphorus, Total — concentration were added for the second quarter and so. Please see the attached sampling reports that show that the required samples are being done each quarter. The schedule for the quarterly samples are February, May, August, and November of each year. If you have any further questions, please feel free to contact either myself Mayor Victoria Newcombe or the Town's ORC Jeffrey Long. Sincerely, key�ona/—O�RC Town o"fRiRich Square 1� Victoria Newcombe, Mayor Town of Rich Square JOSH STEIN I;manol D. REID WILSON Scrmttu l• RICHARD E. ROGERS, JR. Alve pP Certified Mail # 9589 0710 52701260 2149 75 Return Receiat Requested Victoria Newcombe, Mayor Town of Rich Square PO Box 336 Rich Square, NC 27869 a ,ti•' uu� �� •' iii � ,� 41A NORTH CAROLINA Environmental Quality October 09, 2025 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. NCO025437 Town of Rich Square Rich Square WWTP Case No. MV-2025-0011 Northampton County Dear Mayor Newcombe: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $156.21 ($52.00 civil penalty + $104.21 enforcement costs) against Town of Rich Square. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Rich Square for the month of March 2025. 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. NC0025437. The violations, which occurred in March 2025, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Rich Square violated the terms, conditions or requirements of NPDES WW Permit No. NCO025437 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 permit required by G.S. 143-215.1(a). FQ� NalhG11u11aDcty:Ilr�lqulLmaaw..erWQu�lntlDFuSanolH'ilttNno�tts Wktghitc6Mw1011kt' JWQUntt1Drhe 1 Rskgh Yorth CaroPna:7pOv 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, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Rich Square: 26.00 for I of the I failures to properly monitor Nitrogen, Total - Concentration in violation of Permit No. NC0025437. 26.00 for I of the I failures to properly monitor Phosahorus, Total (as P) - Concentration in violation of Permit No. NC0025437. 52.00 TOTAL CIVIL PENALTY 104.21 Enforcement Costs 156.21 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: Water Quality Permitting Section Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation incl request: uding a detailed ,justification for such Please be aware that a request for remission is limited to consideration of the five factors listed relate to the reasonableness of the amount of the civil penalty assessed. Requestingremiss on below as they may is not the procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statementsproper the civil penalty assessment document. Because a remission request forecloses the option of an administrative heed inwring, 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 143 B-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 Penal ty Remissions (Committee). Please be advised that the Committee cannot consider information that was not art of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete an thorough statement in support of your request for remission. P p d Remission Request," Both forms should be submitted to the following address: Water Quality Permitting Section Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you wish to contest any statement in the a — �-~vv �` �ui11IIisrrative Hearin : ttached assessment document you must file a petition for hearing. You may obtain the petition form from the the Office of Administrative Hearings within thirty Office of Administrative Hearings. You must file administrative rty (ear days of receipt of this notice. A petition is considered filed petition with when it is received in the Office of Administrative Hearin gs 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 the signed original, one (I) copy and a filing fee if a) . electronic mail by an attached file (with restrictions - provided Office of Administrative Hearings within seven � fling fee is required by NCGS § 1 50B-23.2) is received in the vided shout c ntact the Office of Administrative Hearin s w Hess days following the faxed or electronic transmission. film rocess. ith all uestions re ardin� the f tine foo .,�a,__ �t_ You The mailing address and telephone and fax numbers for the Off ice of Administrative Hearings are as follows: 1711 New Hope Church Road Raleigh, NC 27609 Tel: (984) 236-1850 Fax: (984) 236-1871 One (1) copy of the petition must also be served on DE Q as follows: Mr. Dan Hirschman, 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 date/time received stamp (not a postmark), will result in this matter beingref of this letter, as evidenced by an internal collection of the penalty through a civil action. Please be advised that addiiiorred to the Attorney General's Office for that occur after the review period of this assessment. naI penalties may be assessed for violations If you have any questions, please contact Kevin Fowler with the Division of Water Re Office at (919) 791-4200 or via email at kevin.fowler@deq.nc.gov, sources staff of the Raleigh Regional Sincerely, V&VA'ssa, Signed by: f" htauml B2916BAB32144F... Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: DWR Permit File (LaserFiche) amuAft a WATERAND SEWER - RICH SQUARE, NO 27869 Vendor: 399 10/23/2025 U U 4 0 14 rnyofeehlumber NC DEQ / DWR / NPDES 4574 Invoice Date PO Number Account Number Description 10092025 10/09/2025 _Inv & 30-8100-5600 Civil Penalty & Friforcem is oust 156.21 -I a '1:1;01;!:Iw .1 111i;iii 1 g 156.21 TOVVN OF RICH SQUARE This Instrument U WATER ANDSIEWER. has boon PrOgudifted In Ins manner P0. Box ass RICH SQUARE, NORTH 0 AROLIN; tq%uI(ed:.by-LowI G,O, M .0nb0I 2�1. dACRSOMNC 0 04574 -A ��869 PAY. Y. .,AND 21 10/23/2025 *********156.21 TO THE ORDER::.; -NC DEQ / I)WR / Npj)ES or .16 11 KAM SERVICE CENTER RA LELGH„ 1� NC 2 'N OF RICH SQUARE.I WATER AND SEWER - RICH SQUARE, NO 27869 Vendor; 399 NC DEQ / DWR / NPDES Invoice Number Invoice Date PO Nurnbu 10092025 10/09/2025 TOWN OF RICH SQUARE WATER AND SEWER Rus MAYOR TAMEASUNMR. 004574 1 AccOlut Number Deggrip0/lion23/2025 4574 Invoice Arnount 30-8100-5600 Civil Penalty & Enforcement 1; 156.21 Mongn CRECKAMOLTNT: f t 00197 ANALYTICAL Town of Rich Square Jeff Lang PO Box 336 Rich Square , NC 27869 Report Number: 25-126.0513 O 114 Oakmont Drive, freenilllle, NC 27858 Voln 252.756,6208 0 Fax 252-756►0633 www.waypolntonelyeeal.com Project 197 - Rich Square WW Informatlon : REPORT OPAIUAL YW Report Date : 05/16/2025 Received : 05/06/2025 Lab No: 82286 Sample ID : influent Matrix: Aqueous Sampled: 5/6/ 202510:50 Test Results Units MQL DF Date / Tlme By Analytical Biochemical Oxygen Demand (5-day) Analyzed Method Total Suspended Solids <2.0 mg/L 2,0 1 05/06/2511:19 IMMS 52108-2016 70.0 mg/L 12,5 1 05/07/25 09:00 AAM 254OD-2020 Lab No : 82287 Sample ID : Effluent Matrix: Aqueous Sampled: 5/6/202511:15 Test Results Units MQL DF Date / Time By Analytical Ammonia Nitrogen Analyzed Method Biochemical Oxygen Demand {5-day} �p,02 mg/L 0,02 1 05/07/2513:02 BLV 350,1 Fecal �'g rng/L 8,0 i 05/06/25 15:44 IMMS 52106-2016 Nitrate+NitNitr1te-N Or6000 b5 cfu/100mL 100 1 05/06/2515:44 AAM 9222D-2015 Total Suspended Solids ,�t08 mg/L 0,04 2 OS/12/2511;36 MSK 353.2 Total i4feldahl Nitrogen 0gr$,0 mg/! 25.0 i 05/07/25 09:00 AAM 2540D-2020 Phosphorus �s57 mg/L 0.50 1 05/15/25 10:26 BLV EPA-351.2 0". 5 mg/L 0.05 1 05/15/2510:26 BLV 365.4 Qualifiers/ B Analyte detected In blank DF Dilution Factor Definitions L Limit Exceeded MQL Method Quantitation Limit Page 3 of 5 Waypoint.6 00197 ANALYTICAL Town of Rich Square Jeff Long 114 Oakmont ®rise, Greenville, Nc 2785$ aRa[n 252.756.6208 ° FOR 252.756,0633 WWW-Wavpolntanalyvcal.COM PO Box 336 Project 197 - Rich Square Ww Rich Square, NC 27869 Information : Report Number: 26-140-0504 Lab No : 84585 Sample ID: influent Toe• Biochemical Oxvaen aan,an� Total Suspended Solids Lab No : 84586 Sample ID : Effluent Test A ... " a w,t,a wirrogen Biochemical Oxygen Demand (5-day) Fecal Collform Total Suspended Solids REPORT Op,QNA1 VSIS Results Units MOL Report Date: 06/01/2025 Received : 05/20/2025 Matrix: Aqueous C�wnw1...J_ w •�_ ._ _ - -- ---- .rv.- W W DF Date / Time By Analytical Be " ""''`II" Method 49.3 m9/� mg/L 40 1 05/21/2510:07 HMV 52108 2016 16.6 1 05/21/25 08:00 IMMS 254OD 2020 Matrix: Aqueous CAMr410Nd. "lww •w__. Results Units MIL DF Date /Time By Analytical �,W-0�2 mg/L Analyzed Method .00 mg/L 0.02 1 05/29/2510:22 BLV 350.1 �oQ d'u/100mL 60 1 05/23/25 10;29 HMV 5210a-2016 ' S m9/L 100 1 OS/20/2514:50 AAM 9222D-2015 12.5 1 05/21/25 08:00 IMMS 2S40D 2020 Quallfters/ DF, Dilution Factor Definitions MQL Method QuantitatIon Limit L Wit Exceeded Page 2 of 4 Way®�nt � 0 o 114 Oakmont Drive, Greenville, iVC 27858 Main 252.756.6208 a Fax 252,756.0633 00197 ANALYTICAL www.waypclntoncl yticpl.corn Town of Rich Square Jeff Long Project 197 - Rich Square Ww PO Box 336 Information Rich Square, NC 27869 Report Number ;25.217.0622 REPORT OFAN/AL VSYS Report Date ; 08/20/2025 Received : 08/iis/2025 Lab No: 9SS70 Sample ID: Influent Matrix: Aqueous Teat Sampled: 8/5/202510:48 Results Units MOL DF Date/Time B y Analytical Biochemical Oxygen Demand (5-day) Ael n Method Total Suspended Solids 63 mg/L 40 1 08/06/25 11:27 )MMS 52108-2016 55.0 mg/L 12.5 1 08/07/25 08:00 )MMS 2540D-2020 Lab No : 95871 Sample ID : Effluent Matrix: Aqueous Test Sampled: 8/5/202511:25 Results Units MOL DF Date /Time By Analytical Ammonia Nitrogen Analyzed Method Biochemical 0 xygen Demand (5-day) '�.06 mg/L 0.04 08/12/2515:46 CLR 350.1 Fecal Coliform mg/L1 8.0 1 08/06/25 11:57 )MMS 521OB-2616 Nitrate+Nltd*N '63/IOO /0 tfu100mL 10 1 08/05/2516:07 ANSI 9222D-2015 Total Suspended Solids mg/L 0.10 5 08/0612510:02 MSK 353.2 c Total Kjeldahl Nitrogen mg/L 5.0 1 08/07/25 08:00 )MMS 2540D-2020 Phosphorus r<0.60 mgJl 0.60 1 08/18/2511:37 CLR EPA-351.2 —V.65 mg/L 0.06 1 08/18/2511:37 CLR 365.4 Qualifiers/ DF Dilution Factor Definitions L Limit Exceeded MQL Method Quantltatlon Limit Page 3 of 5 9 wi 0111t, 21 4 Ogicrn 00197 eyep. Main 252.75E Z0Greenville. °e n ills, NC 27858 Town of Rich Square 2sz.7s�,psaa uWmaYpointanalvecal.com Jeff tong , PO Sox 336 Project Square Informagon : Rich ware !NW Rich S � , NC 27869 Report Number: 25-238.071E RESORTO/�,QrygLY.V Report Date ; 09 05 2 / / 025 Recelved : 08/26/2025 Lab No : 99714 Sample ID ;Influent Matrix: Aqueous Test Sampled: 8/26/202S 10:47 Biochemical Oxygen Demand Results Units MQL DF Date / Time BY Analytical Analyzed (5-day) Total Suspended Solids 64 m9/L 40 Method 46.8 mg/L 1 08%27/25 10:10 ZCJ 5210E-2016 15.E 1 08/27/25 08:00 CCR 254OD-2020 Lab No : 99719 Sample ID : Effluent Matrix: Aqueous Test Sampled: 8/261202511:10 Results Units MOL DF Date / Time B Y Analytical Ammonia Nitrogen Analyzed Yz Method Biochemical0 Oxygen Demand (5-day) .08 mg/L 1 09/04/2513:13 CLR 350.1 Fecal Collform .� AG bi mg/L cFu/100m1 8.0 i 08/27/2510:57 ZCJ 5210B-2016 Total Suspended solids 45.7 10 1 08/26/25 16:OS ANS1 9222D-201s m9/L 7.5 1 08/27/25 08:00 CCR 254OD-2020 Qualifiers/ DF Dilution Factor Definitions MQL Method Quantitation Limit L Limit Exceeded