NC0023337_Remission Decision LV-2020-0218_20201207

DocuSign Envelope ID:B61E46C9-3F42-4419-BF7A-293DC91CD35F
,,„,STATE,."`
ROY COOPER 4 4 nT-:"
Governor
MICHAEL S.REGAN
Secretary *ft,*W O.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
12/7/2020
CERTIFIED MAIL 7018 1830 0001 8037 1059
RETURN RECEIPT REQUESTED
Eddie Braxton
Town of Scotland Neck
PO Box 537
Scotland Neck,NC 27874
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Scotland Neck WWTP
Halifax County
PERMIT NO:NC0023337
CASE NO: LV-2020-0218
Dear Pennittee:
I have considered the information submitted in support of your request for remission in accordance with G.S. 143-
215.6A(f)and have decided to modify the initial civil penalty assessment of$2,291.69($2,250.00 civil penalty
plus$41.69 enforcement)to the total amount of$716.69($675.00 civil penalty plus$41.69 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead address within
thirty(30)days of receipt of this letter. Please make checks payable to the Department of Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which is
comprised of members of the Environmental Management Commission. The Committee may consider such
requests and render final and binding decisions in these matters. You may argue your request before the
Committee,and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address within
thirty(30)days of the receipt of this letter. Your request will be placed on the agenda of an upcoming Committee
meeting,and you will be notified of the date and time. If the Division does not receive a response regarding this
notice,Division staff will automatically place your case on the agenda of a future Committee meeting.
If you have any questions,please call Sydney Carpenter at 919-707-3712 or via e-mail at
svdnev.carpenteri®ncdenr.gov.Thank you for your cooperation in this matter.
Sincerely,
DocuS/iigned by:
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8328844CE9EB4A1...
S.Daniel Smith
Director,Division of Water Resources
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�� North Carolina Department of Environmental Quality I Division of Water Resources
E 4 512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617
»�«i>iEm� —,.,...\ o"' 919.707.9000

DocuSign Envelope ID:B61E46C9-3F42-4419-BF7A-293DC91CD35F
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#: LV-2020-0218[Laserfiche]
Raleigh Regional Office[Laserfiche]

DocuSign Envelope ID:B61E46C9-3F42-4419-BF7A-293DC91CD35F
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0218 Region: Raleigh County: Halifax
Assessed Entity: Scotland Neck WWTP Permit:NC0023337
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States:Permittee states that operation and maintenance of the WWTP had been previously
contracted out to a contract operations firm for the past 16 years,but the Town terminated the
contract on February 1,2020 and had limited time to work with the contracting firm and review
WWTP operations before they took over responsibility and control.The permittee states that once
they took over operations of the facility,they realized there were multiple major issues with the
condition of the facility that needed to be addressed,such as an excess of mixed liquor suspended
solids in the oxidation ditch,multiple treatment components being out of service,the sludge digester
being full of solids,and components of the tertiary filters not operating properly,among other issues.
The permittee states that the fecal colifonm violations were due to the plant only having a single
chamber of the chlorine contact basin operational,which was how the original contract firm ran the
system and how the Town continued with upon first taking over operation of the plant.However,the
Town states that after receiving high fecal counts,the second chamber was put online to extend
contact time and the settled sludge was removed from the chamber.The permittee states that a hole
was also discovered in the chlorine feed line,which had prevented the correct amount of chlorine
from being fed into the system.The permittee states that the ammonia nitrogen and BOD violations
were due to an excess of MLSS in the oxidation ditch and excess of thickened solids in the digester,
which they discovered upon taking over operational control of the plant.The permittee states that the
aeration system was previously operated at a reduced level because running it continuously would
cause the clarified sludge blanket to wash out,therefore causing the low dissolved oxygen levels
which negatively affected the nitrification rate.The permittee states that upon reducing the solids and
replacing the caustic feed system,which had not been maintaining the proper alkalinity residual,the
aeration system was able to run as needed and they became compliant with both limits. The Town
states that their efforts to correct the problems have been complicated due to the COVID-19
restrictions in both funding and scheduling on-site activities.
DWR Response:RRO does not agree that the violations were inadvertent or a result of an accident.
The violations and upset condition at the treatment plant are results of poor operation and
maintenance from the contract operations firm and lack of oversight from the Town.It is the
permittee's responsibility to ensure the treatment plant is properly operated and maintained.RRO
does agree with the complications due to the COVID-19 restrictions in both funding and scheduling
on-site activities.

DocuSign Envelope ID:B61E46C9-3F42-4419-BF7A-293DC91CD35F
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
® (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:Upon taking control of the operation of the plant,the permittee states that they have
funded multiple projects to repair and address the major issues they found,totaling$254,900,and are
currently receiving quotes for a digester recirculation pump,final clarifier worm drive,and aerator
repairs/replacement.The Town has been approved a budget of$75,000.00 for this fiscal year for
repairs and maintenance and are committed to making all needed improvements.The Town states that
their efforts to correct the problems have been complicated due to the COVID-19 restrictions in both
funding and scheduling on-site activities.The Town states that Executive Order 124 has greatly
impacted the income into the Enterprise Fund and their available monies,and therefore the payment
of the three civil penalty assessments(LV-2020-0214,-0216,-0218)totaling$10,375.07 would
greatly impact their ability to continue making needed repairs and improvements.
DWR Response:RRO agrees with the complications due to the COVID-19 restrictions in both
funding and scheduling on-site activities.Reduced penalty assessment will help the Town to make
needed repairs and improvements.
DECISION(Check One)
Request Denied 0
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty(without Enforcement Costs) $ 2,250.00 (enter amount)
Partial Remission El % or $_1,575.00 (amount remitted)
Subtotal $_675.00
Retaining Enforcement Costs $ 41.69
Total Revised Assessment $ 716.69
oocuslgn.d by:
,�� f .,.,, 12/7/2020
8328B44CE9EB4A1..
S.Daniel Smith Date

DocuSign Envelope ID B61E46C9-3F42-4419-BF7A-293DC91CD35F
NC0023337 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HALIFAX DWR Case Number LV-2020-0218
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF SCOTLAND NECK )
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 Bar's 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 and 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( )