NC0021491_LM-2020-0032 Justification_20201015

September 29, 2020
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office RECEIVED
Division of Water Resources,NCDEQ OCT 15 2020
NCDEQ/DWR/NPDES
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. NC0021491
Town of Mocksville
Dutchman Creek WWTP
Case No. LM-2020-0032
Davie County
Mr. Snider,
Thank you for allowing Town of Mocksville the opportunity to respond to the Notice of
Violation and assessment of civil penalty issued September 08,2020. Below we address the
following infractions that occurred during the month of December,2019.
During this period, the Dutchman Creek WWTP received abnormally high surges of flow into
the plant due to prolonged adverse weather conditions. The month of December amounted 6.5
inches in total rainfall, following the month of November which received 5.5.

The rainfall and flow overwhelm presented untimely challenges in the coordination of sludge
removal. Arranging sludge removal with our contractors was not feasible until damp conditions
subsided,and the delay in our ability to land-apply caused the digester to reach full capacity. The
above circumstances resulted in the BOD exceedances as cited. Sludge was pumped from the
digester as soon as possible to resolve the issue.
We are still experiencing issues with high solids in the aeration basin due to limited availability
in the digester. We are currently in progress with bringing the new digester online.
Fourth quarter Total Nitrogen and Totai Phosphorous samples were inadvertently overlooked by
an operator in training when conducting quarterly sampling. Since this occurrence,operators are
utilizing monthly sample schedules that are actively being checked off and reviewed. On the
December ef)MIZ report, 12/25 was not appropriately marked"holiday", which flagged a
temperature frequency violation.
We believe that the following errors have been taken seriously by our staff and ameliorated in a
thorough and timely matter. The incidents under review have been noted so that we can best
maintain optimal procedure and avoid future noncompliance. It is always the goal of Town of
Mocksville and Dutchman Creek WWTP to remain in compliance with regulations set forth by
the Division of Water Resources. It is our request that our cooperation and action in these
matters be taken into account by the Division when proceeding with enforcement.
Sincerely,
Town of Mocksville

CC: Matt Settlemyer, Town of Mocksville
Robert White, Envirolink
Joshua Powers, Envirolink

JUSTIFICATION FOR REMISSION REOUEST
Case Number: LM-2020-0032 County: Davie
Assessed Party: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $952.18
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.§ I43B-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. I43B-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 envirorunental 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:
During this period,the Dutchman Creek WWTP received abnormally high surges of flow into the plant due to prolonged adverse weather conditions.The month of
December amounted 6.5 inches in total rainfall,following the month of Noaember which received 5.5.
The rainfall and flow overwhelm presented untimely challenges in the coordination of sludge removal.Arranging sludge removal with our contractors was not
g it B g g
feasible until damp conditions subsided,and the delay in our ability to land-apply caused the digester to reach full capacity.The above circumstances resulted in the
HOD exceedaaces as cited.Sludge was pumped from the digester as soon as possible to resolve the issue.we are still experiencing issues with high solids in the
aeration basin due to limited availability in the digester.we are currently in progress with bringing the new digester online.
Fourth quarter Total Nitrogen and Total Phosphorous samples were inadvertently overlooked by an operator in training when conducting quarterly sampling.Since
this occurrence,operators are utilizing monthly sample schedules that are actively being checked off and reviewed.On the December eDMR report,12/25 was not
appropriately marked"holiday",which flagged a temperature frequency violation.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DA VIE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Mocksville )
Dutchman Creek WWTP )
. )
PERMIT NO.NC0021491 ) CASE NO. LM-2020-0032
Having been assessed civil penalties totaling$952.18 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated September03,2020,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 f v
'4/1 ou-A-7
SIGN TORE
R� DI ADDRESS
OCT 15VED 2o2o `1 t S . 4- S r'.
i�CDEQIDWRINPDES _ ay.i-� L� tri g
?4)Z
TELEPHONE

ATTACHMENT A
Town of Mocksville
CASE NUMBER: LM-2020-0032
PERMIT: NC0021491 REGION: Winston-Salem
FACILITY: Dutchman Creek WWTP COUNTY: Davie
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
12/7/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I 15 22.87 52.5 Weekly $150.00
C)-Concentration Average
Exceeded
12/28/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I 15 40.03 166.9 Weekly $150.00
C)-Concentration Average
Exceeded
12/31/2019 12-2019 BOD,5-Day(20 Deg. 3 X week mg/I 10 16.55 65.5 Monthly $300.00
C)-Concentration Average
Exceeded
MONITORING 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
12/31/2019 12-2019 Nitrogen,Total- Quarterly mg/I Frequency $100.00
Concentration Violation
12/31/2019 12-2019 Phosphorus,Total(as Quarterly mg/I Frequency $100.00
P)-Concentration Violation
12/28/2019 12-2019 Temperature,Water 5 X week deg c Frequency $50.00
Deg.Centigrade Violation