WQCS00073_Remission Decision (DV-2020-0098)_20210209

DocuSign Envelope ID:64CC2COD-8BBC-4AA2-A97A-358388CBC741
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MICHAEL S.REGAN *�r .,
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S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 9, 2021
1 CERTIFIED MAIL#7018 1830 0001 8037 2278
RETURN RECEIPT REQUESTED
Steven Neuschafer, City Manager
City of Dunn
P.O Box 1065
Dunn,NC 28335
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Dunn Collection System
Permit WQCS00073
Case no. DV-2020-0098
Harnett County
Dear Mr. Neuschafer:
The Division has considered the information submitted in support of your request for remission in the
subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the
original civil penalty assessment of$6,135.71.
If you choose to pay the penalty, send payment to the letterhead address within thirty(30) days of
receipt of this letter. Please make the check payable to NC Department of Environmental Quality.
If payment is not received within thirty(30)days of receipt of this letter, in accordance with NCGS
§ 143-215.6A(f), your request for remission of the civil penalty(with supporting documents) and my
recommendation to deny the request will be delivered to the North Carolina Environmental Management
Commission's (EMC) Committee On Civil Penalty Remissions(Committee) for final 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 were asked to address,you must complete and return the
attached form within thirty(30)days of receipt of this letter. Please mail the completed form to:
Ms. Celeste Sugg
NC DEQ/DWR
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date,time, and place that your oral presentation can be
N512 Northorth Carolina Salisbury Departme
nt of Environmental Quality I Division of Water Resources
reet 11617 Mail Service Center I Raleigh,North Carolina 27699 1617
ou.w a ..A /', 919.707.9000 1

DocuSign Envelope ID:64CC2COD-8BBC-4AA2-A97A-358388CBC741
Permit no.WQCS00073 I
made. Otherwise, the final decision on your request for remission will be made by the Committee based
on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Celeste Sugg at(919) 707-3628 or [e-mail].
Sincerely,
CDoeuSlgned by:
P ot
for S. FamB79g64e D 247@...
myth
Director,Division of Water Resources
cc: Enforcement File—DV-2020-0098
Fayetteville Regional Office
Central Office

DocuSign Envelope ID:64CC2COD-8BBC-4AA2-A97A-358388CBC741
Permit no.WQCS00073
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Harnett DWQ Case Number DV-2020-009S
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Dunn Collection System )
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.nebar.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( ) _

DocuSign Envelope ID:64CC2COD-8BBC-4AA2-A97A-358388CBC741
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0098 Region: Fayetteville County: Harnett
Assessed Entity: Dunn Collection System Permit: WQCS00073
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
• (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The City recently received a State Reserve Loan in the amount of
2,750,000 for facility upgrades, $150,000 Wastewater Asset Inventory and Assessment grant
awarded in March 2019, and the Golden LEAF awarded the additional funds. The repair
project estimate completion date of August 2020.The City also continues to maintain their TV
Inspection program and replace sewer mains lines as needed.
DWR Response: The facility upgrade project listed above was for repairs to the aeration basin
at the WWTP. No repair work was scheduled for the collection system.
SSO Totals
2,130,000 gallons in 71 hours
720,000 gallons in 24 hours
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: During the month of February, the City of Dunn experienced severe
localized flooding. This caused the collection system to become inundated with flow which
led to the 720,000-gallon sewer overflow at East Side Pump Station and a 2,130, 000-gallon
spill at manhole BR- 8 on the Black River Outfall Line.
DWR Response: The city has a severe I/I problem with a history of SSO's. During periods
of wet weather, the I/I problems worsen. Average flow at the WWTP for the month Feb 2020
was 4.5. WWTP is permitted for 3.75. Daily flows at WWTP are:
Feb 4 3.5 mgd
Feb 5 3.8 mgd
Feb 6 4.1 mgd
Feb 7 6.457 mgd
Feb 8 6.48 mgd
Feb 9 6.3 mgd
Feb 10 6.5 mgd
The City had a least 4 other SSO's during the 2020 calendar year. The City doesn't have any
major I/I scheduled other than routine TV work and cleaning. They do not qualify for a SOC
due to lack of funding and a plan moving forward. The WWTP for 2020 is at 89 %capacity.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:

DocuSign Envelope ID:64CC2COD-8BBC-4AA2-A97A-358388CBC741
DECISION(Check One)
Request Denied 1111
Full Remission 0 Retain Enforcement Costs? Yes 0 No❑
Original Penalty(without Enforcement Costs) $ (enter amount)
Partial Remission 0 % or$ (amount remitted)
Subtotal
Retaining Enforcement Costs $
Total Revised Assessment $
S. Daniel Smith Date