WQCS00073_DV-2020-0136_Remission Decision_20210408

DocuSign Envelope ID: 83A76E4F-A999-41307-8990-E08500DE1ADE
ROY COOPER
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DIONNE DELLI-GATTI
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S. DANIEL SMITH
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CERTIFIED MAIL #
RETURN RECEIPT REQUESTED
Steven Neuschafer, Town Manager
City of Dunn
P.O Box 1065
Dunn, NC 28335
Dear Mr. Neuschafer:
NORTH CAROLINA
Envirtinmentat Quality
4/8/2021
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Dunn Collection System
Permit WQCS00073
Case no. DV-2020-0136
Harnett County
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 $ 3.135.71.
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 ofthe 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
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919 7079000

DocuSign Envelope ID: 83A76E4F-A999-4D07-8990-E08500DE1ADE
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 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 [phone] or [e-mail].
Sincerely,
rn-D.o'rcu,3iignedby:
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C464531431644FE...
For S. Daniel Smith
Director, Division of Water Resources
cc: Enforcement File — DV-2020-0136
Fayetteville Regional Office
Municipal Unit
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914 707.4000

DocuSign Envelope ID: 83A76E4F-A999-4D07-8990-E08500DE1ADE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0136 Region: Fayetteville County: Harnett
Assessed Entity: CityofDunn Permit: WQCSOOO73
❑ (a) Whether one or more of the civil penalty assessment factors were
wrongly applied to the detriment of the petitioner:
El (b) Whether the violator promptly abated continuing environmental damage
resulting from the violation:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The sanitary sewer overflows were inevitable due to extensive
rainfalls in August 2020. The collection system become inundated with flow which led
to the 210,000-gal SSO at Eastside Pump Station and a 1,200,000-gal spill at Manhole
#BR8 along the Black River Outfall Line. The wastewater treatment plant was also at SO%
capacity due to a permitted construction project. The City of Dunn sent a letter to the
Fayetteville Region Office notifying them of the construction and capacity restraints.
DWR Response:Thearea did receive excessive rainfall during the month. The City states
that the WWTP was at 50% due to a project replacing the air lines in the aeration basin
however the WWTP also has a 3 MGD eq basin and recorded flows above the permitted
limit of 3.75. WWTP had a flow violation for the month of August 2020.
Recorded flows at WWTP during the times of the SSO's are
8/14 3.151 MGD
8/15 3.788 MGD
8/16 5.262 MGD
8/17 5.249 MGD
8/18 5.003 MGD
SSO Totals
210,000 gallons in 31 hours
1,200,000 gallons in 80 hours
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DocuSign Envelope ID: 83A76E4F-A999-4D07-8990-E08500DE1ADE
Even though half of the WWTP's aeration basin was reduced the WWTP still exceeded
permitted flows for the month of August 2020. No other limits were violated. The City
is repairing sewer lines as problems occur. The city states they are TV'ing lines and
maintaining cleaning activities.
❑ (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:
DECISION (Check One)
Request Denied •
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ _3,000.00 (enteramount)
Partial Remission ❑ % or $ 0 (amount remitted)
GQE
Subtotal
Retaining Enforcement Costs
$ 3,000
$ 135.71
Total Revised Assessment $ 3,135.71
LtDocuSiigned byy:r 4hOtie is
C464531431644FF
For S. Daniel Smith
Director, Division of Water Resources
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WQCS00073 Remission Decision
STATE OF NORTH CAROLINA
COUNTY OF Harnett
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
City of Dunn Collection System
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number DV-2020-0136
REQUEST FOR ORAL PRESENTATION
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.
• Mr 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
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE