NC0020656_Remission (Decision)_20200203 (2)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NCR rH CAI -OLINA
Emeirenmental quisifty
February 3, 2020
Charles D. Nichols III, City Manager
City of Laurinburg
PO Box 249
Laurinburg, NC 28353-0249
Subject: Civil Penalty Remission Request
Leith Creek WWTP
NPDES Permit NCO020656
Case Number LV-2019-0358
Scotland County
Dear Mr. Nichols:
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Unfortunately, the Division received the request after the allotted thirty (30) days
from your receipt of the assessment. Therefore, the request for remission cannot be accepted.
Please find attached the originally submitted request for remission.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Brianna Young, Environmental Specialist II
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File
NPDES Program Files
Fayetteville Regional Office
,9AW-)
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Eif
/ / 0
303 West Church Street I P.O. Box 249 1 Laurinburg, NC 28353
T.910.276.8324 1 F:910.276.0354 1 www.laurinburg.org
January 21, 2020
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
To Whom It May Concern:
-C . NED
JAN 2 9 2020
qC°btu ID'r RINP©ES
Subject: Remissions Request
Case No. LV-2019-0358
Case No. LV-2019-0371
City of Laurinburg
Leith Creek WWTP
NPDES No. NCO020656
Scotland County
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
harles D. Nichols III
City Manager

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SCOTLAND
IN THE MATTER OF ASSESSMENT
}
'WAIVER OF RIGHT TO AN
OF CIVTL PENALTIES AGAINST
)
ADAHNIxSTRATIVE HEARING AND
STIPULATION OI' ]FACTS
City of Laurlaburg
}
Leith Creek WWTP
)
PERMIT NO. NCO020656
)
CASE NO. LV-201.9-0358
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 Decdmber 06 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,
day of - av 20
RECEIVED
JAN 2 g 2020
G;'00L_ SIGNATURE
190 ���/D R�NMES
ADDRESS
TELEPHONE
qla-i'i - /2-212

PERMIT: NCO020666
FACILITY: Leith Crook VWVTP
LIMIT VIOLATION(S)
SAMFLE LOCATION., Outfall 001 -Effluent
Violation Report
Date Month/Yr Parameter
12131/2018 12-2018 Flow, in conduit orthru
treatment plant
ATTACHMENT A
City of Laudnburg
CASE NUMBER: LV-2019-0358
REGION; Fayetteville
COUNTY: Scotland
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Continuous rngd a 5_13 28.3
Violation Penalty
Type Amount
Monthly $1'600.00
Average
Exceeded

dUSTIMCATION FOR REMISSION REQUIM
Case Number: LV-2019-0358
Assessed Party: City of Lauriaburg
Permit No.: NC0020656
County: Scotland
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 maybe 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. 1438-282,1(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 fi-om the violation (i.e., explain the
,steps thatyou took to correct the violation and preventfacture 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 (t, a, explain
how payment of the civil penalty will prevent you from performing the activities necessmy to achieve
compliance).
11MLANATION:

.DAecla� of. Vale z aR(I C&(a,11ewate i, UT eatmeid Plaid
P 0box 248 Laurinburg. NC 28353 LSUIRG^_-
No
91 277-021 3 'l
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
Ja nua ry 2019 — 3.76
Total Rainfall — 76.76

STATE OF NORTH CAROLINA
COUNTY OF SCOTLAND
1N THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Laurinburg
Leith Creek WWTP
PERMIT NO. Nd0020656
DEPARTMENT OF ENVIRONMENTAL QUALITY
} NVAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
}
CASE NO. LV 2019-0371
RECEIVED
JAN 2 9 2020
WDEOIDWRWDES
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.
This the �� day of20 ,2C7
/'1 A— SIGNATURE
ADDRESS
�e a
TELEPHONE
9t0-.29i-1?

JUSTRICATION FOR RE' MISSION REQUEST
Case Number: LV-2019-0371
Assessed Party: City of Laurinburg
Permit No.: NC002065-6
County: Scotland
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 maybe 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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penally assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took cd to correct the violation anprevent 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: NCO020656
FACILITY: Leith Creek WWTP
REGION: Fayetteville
COUNTY: Scotland
LIMIT VIOLATION(S)
SAMPLE LOCATION: Quffall 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 orthru Continuous mgd 4 6.24 30.9 Monthly $1,500.00
treatment plant Average
Exceeded
RECEIVED
JAN 2 9 2020
WDE01,I)W INMES

P.O. Box 249 Laurinburg, NC 28353
910-277-0214
-0 "! Lhk
LA I IBU RG
1104a lam- R
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