NC0020656_LV-2019-0371_20200121 (2)

303 West Church Street I P.O. Box 249 I Laurinburg, NC 28353 LAURINBURG
T:910.276.8324 I F:910.276.0354 I www.laurinburg.org 47jo,&se l a.°op l*Tooted
January 21,2020 t1 1 1�
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ED
Wastewater Branch JAN 2 9 2020
Division of Water Resources
1617 Mail Service Center , attiDWRIMPDES
Raleigh,NC 27699-1617
Subject: Remissions Request
Case No.LV-2019-0358
Case No.LV-2019-0371
City of Laurinburg
Leith Creek WWTP
NPDES No.NC0020656
Scotland County
To Whom It May Concern:
The City has received two Notice of Violations and Assessment of Civil Penalty letters dated
December 6, 2019 and December 12, 2019. Since the violations were for the same parameters in both
letters,we are addressing the remissions request jointly. The noted violation in both NOVs were:
- Flow—Monthly Average Exceeded
We offer the following comments in explanation of the permit violations:
• The monthly average limit for flow was exceeded in both December 2018 and January 2019. The
increased flow to the WWTP is due entirely to inflow and infiltration into the collection system
during rain events.
• There was a total of 9.9 inches of rainfall recorded in the City for the month of December 2018,
nearly three times the average monthly rainfall for December. This was preceded by 6.88 inches
of rainfall in November 2019,twice the average November rainfall and 20.72 inches of rainfall in
September 2018. The rainfall in September was a result of Hurricane Florence.
• The level of ground saturation during this period greatly increased the amount of inflow and
infiltration into the collection system. The total recorded rainfall for 2018 and January 2019 was
76.76 inches. This is over double the annual average rainfall for North Carolina.
• Even with the high flows, the WWTP maintained all compliance with all other permitted
parameters.
• There were no environmental impacts due to the high flows.
• As collection defects are identified,the City will continue to make repairs.
The City has very limited funds to spend on the operation and maintenance of the sewer collection system
and the wastewater treatment plant and many needs. We will continue to look for funding sources for major

Wastewater Branch
January 21,2020
Page Two
projects. We ask that a civil penalty not be assessed to the City so that monies can continue to be used for
the correction of defects.
If you have any questions or comments, please call Dixon Medlin, Director of Water and Wastewater
Treatment Plants, at 910/291-1716.
Sincer-`
s
harles D.Nichols III
City Manager

1.
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SCOTLAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN RECEIV
ED
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND JAN 2 9 2020
STIPULATION OF FACTS
City of Laurinburg ) NCDEQIDWRINPDES
Leith Creek WWTP )
)
PERMIT NO.NC0020656 ) CASE NO. LV-2019-0371
Having been assessed civil penalties totaling$1,628.28 for violation(s)as set forth in the assessment document of the -
Division of Water Resources dated December 12,2019,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.
•
54
This the c;011 day of —.)4,:-. ,20,2(V
,C,Li pi a-.0SIGNATURE
ADDRESS
•
J. 0y .2-4147
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TELEPHONE
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0371 County: Scotland
Assessed Party: City of Laurinburg
Permit No.: NC0020656 Amount Assessed: $1,628.28
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);
(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:

ATTACHMENT A
City of Laurinburg
CASE NUMBER: LV-2019-0371
PERMIT: NC0020656 REGION: Fayetteville
FACILITY: Leith Creek WWTP COUNTY: Scotland
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
1/31/2019 1-2019 Flow, in conduit or thru Continuous mgd 4 5.24 30.9 Monthly $1,500.00
treatment plant Average
Exceeded
RECEIVED
JAN292020
N'CDEQ9'DWR.!NPDES

Obtecto4,of Vita anti It/alteuiateh Mean-cent Rant --
P.O.Box 249 Laurinburg, NC 28353 L AU RI N BURG
910-277-0214 �pJtf/L liii2•Zees Roams
Rainfall for Laurinburg, NC -January 2018 — February 2019
January 2018— 3.00
February 2018— 1.85
March 2018— 2.82
April 2018— 6.21
May 2018— 6.67
June 2018—4.35
July 2018— 3.72 •
August 2018— 3.32
September 2018 - 20.72 Hurricane Florence
October 2018 — 3.56
November 2018 - 6.88
December 2018— 9.90
January 2019— 3.76
Total Rainfall — 76.76