NC0026689_LV-2020-0005_20200915

DocuSign Envelope ID:D402FC92-82F6-4983-B6C3-783295C58227
•
STAY,
ROY COOPER r
Governor
MICHAEL S. REGAN ,e
Secretory V�- r ?. .,
LW
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
9/15/2020
Town of Denton
do Troy B. Branch,ORC
P.O. Box 306
Denton,North Carolina 27239
Subject: Request to Remit Civil Penalties-Denied
Case Numbers LV-2020-0005
Denton WWTP
NPDES Permit NC0026689
Davidson County
Mr. Branch:
The Division of Water Resources(DWR)has considered your information submitted in support of your
request for remission in the subject cases. In accordance with NCGS 143-215.6A(f),the DWR fmds no
cause to remit the original civil penalty assessment of$744.12.
If you choose to pay the penalty, send payment to the assessment document letterhead address within
thirty(30)days of receipt of this letter.Please make your check payable to NCDEQ.
Your payment must be submitted within thirty(30)days of this letter in accordance with NCGS §143-
215.6A(f). If not received,your request for penalty remission(with its supporting documents),together
with DWR's recommendation to deny the request will be delivered to the North Carolina Environmental
Management Commission's(EMC's) Committee on Civil Penalty Remissions(the Committee)for fmal
agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you addressed,you must complete and return the attached form
within thirty(30)days of receipt of this letter.Please mail the completed form to:
Joe R. Corporon P.G.
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman
and,if it is determined that there is a compelling reason to require an oral presentation by you,the
Commission will notify you by certified mail of the date,time,and place for your oral presentation.
Otherwise,the final decision on your request for remission will be made by the Committee based on the
written record.
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

DocuSign Envelope ID:D402FC92-82F6-4983-B6C3-783295C58227
J
Thank you for your continued cooperation in this matter. If you have any questions about this letter,
please contact Joe R. Corporon P.G. at(919)707-3617 or [e-mail].
Sincerely,
DocuSigned by:
8328844CE9EB4A1...
for S.Danial Smith,Director
Division of Water Resources
Enclosed: Civil Penalties Remission Review—signed
Request for Oral Presentation—form
ec: Enforcement File
Winston-Salem Regional Office(WSRO)
Central Files

DocuSign Envelope ID:D402FC92-82F6-4983-B6C3-783295C58227
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON ) DEQ Case Number LM-2020-0006
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Denton
Denton WWTP )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request,I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental
Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my
representative during a Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted
in my original remission request, and because no factual issues are in dispute,
my presentation will be limited to five(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar.Proceedings before the Committee on Remissions are quasi-judicial.You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.
If you or your representative would like to speak before the Committee,you must complete and return this
form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bars Opinion affects how
you may proceed with your oral presentation.See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee,then you do not need legal representation before the Committee;however,if you intend on
having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or
consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney.Presentation of facts
by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission
Request form Rad this Oral Presentation Request form are: 1)for individuals and business owners,your own signature
and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of ,20
SIGNATURE TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2020-0005 Region: Winston-Salem County: Davidson
Assessed Entity: Town of Denton WWTP Permit: NC0026689
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Permittee States: [NOT ASERTED]
DWR Response:—
❑ (b) Whether the violator promptly abated continuing environmental damage:
Permittee States: [NOT ASERTED]
DWR Response:
❑X (c) Whether the violation was inadvertent or a result of an accident:
Permittee Statement Summary: Problem:Concentrations of dichlorobromomethane(DCBM)
also known as Total Trihalomethanes(TTHM's)are thought to originate from incoming potable
water. Denton's influent water supply measured 14.1 µg/L TTHMs.This level was not detected by
the potable-water distribution system operating under a 60 µg/L test-method MCL for TTHMs.
Concentrations exceeding SWQ standards prompted DWR to assess an NOV/CPA on 24Jan2020.
In response,Denton asserts it has consulted and cooperated regularly with DWR and industry
consultants.
DWR Response:DWR concurs that Denton responded to an ongoing problem.The permittee
asserts regular contact, site visits,sampling,and consultation with DWR's Regional Office and
others.Although the Permittee encouraged several phases of new hardware installation and testing,
compliance remains questionable. Denton has not yet forwarded promised analytical results
documenting proof of mitigation. EPA likewise shows continued interest in Denton's lack of
compliance.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: [NOT ASERTED]
DWR Response:—
n (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Permittee States:Considering concerted efforts toward mitigating a complex and persistent
problem,and that these efforts have successfully brought Denton into compliance(< 1.0 ug/L
TTHMs),we request remission of penalties to help deter costs already spent.
DWR Response: DWR disagrees. To date,the Permittee has provided no results to document
compliance.The WSRO recommends no remission.
X =remission based on factors asserted by the Permittee.
Page 1 of 2
Prepared by Joe Corporon(NPDES Central Office)
in consultation with Jenny Graznak(WSRO)Aug2020

1
DECISION(Check One)
Request Denied X
Full Remission ❑ Retain Enforcement Costs? Yes X No ❑
Original Penalty(without Enforcement Costs) $650.00(enter amount)
Partial Remission ❑ %_ or $0.00 (remitted)
Subtotal $650.00
Retaining Enforcement Costs +$94.12
Total Assessment $744.12
[original signed by John Hennessy—15Sep2020]
for S. Daniel Smith Date
Page 2 of 2
Prepared by Joe Corporon(NPDES Central Office)
in consultation with Jenny Graznak(WSRO)Aug2020