RALEIGH -- The City of Kinston has agreed to pay $39,650 in penalties for various wastewater violations since 1994 and to also provide more than $50,000 to help establish a water management training program at Lenoir County Community College.

The agreement, reached today with the N.C. Department of Environment and Natural Resources and the state Attorney General's Office, ends the city's appeal of its two pending enforcement cases. DWQ assessed the city $72,046 on Aug. 21, 1997 for four unreported spills and other problems; $17,729 on Sept. 26, 1997 for various laboratory reporting violations.

"Kinston is making a strong commitment and moving forward," said Bill Holman, DENR's assistant secretary for environment. "City officials sought some sort of consensus, and staff met with them and ironed out this agreement. The educational program provision is unique and offers long-term benefits. It's a strong agreement."

Both the penalty and $50,125 in educational funding are due by March 31. The Supplemental Environmental Project at Lenoir Community College is projected to cost $100,250 in its first year, with Kinston providing half of the funds.

Under state law, collected fines are reverted back to the county where the violation occurred. The county is then to use the money for school system needs.

Within 15 days of signing a contract with the college for the training program, the city will place a full-page advertisement in the Kinston Daily Free Press. The ad will state the reasons why the civil penalties were levied and provide details about the training program.

The agreement covers all alleged violations as of May 1, 1997. It further stipulates that DENR's Division of Water Quality may pursue additional enforcement action on any new violations. DWQ is currently reviewing several incidents including a Nov. 11, 1997 spill of an estimated 4,500 gallons of sludge at the city's Northside Wastewater Treatment Plant.

Last August, DWQ fined Kinston $72,046 for 33 violations involving four unreported spills at its two wastewater treatment plants since June 1996 and for various reporting and effluent problems dating back to 1994. Included in the penalty were $6,546 in enforcement costs. Fines were not assessed for 13 other violations, several of which occurred during Hurricane Fran in 1996.

The second case, assessed last September, was for violations that had occurred since August 1996 at the city lab. Kinston was fined $17,729 for performing 225 analyses of fecal coliform, 182 analyses of total suspended residue and 64 analyses of total phosphorous at its laboratory without following required protocol. The city was also fined for failing to maintain required laboratory documentation for 58 analyses of fecal coliform. Included in the assessment was $3,679 in DWQ investigation costs.

Date released: March 2