WQCS00073_DV-2020-0165_Remission Decision

DocuSign Envelope ID: 6C265514-858E-4FA9-91B8-7C36541FCB75
ROY COOPER
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DIONNE DELLI- GATTI
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5. DANIEL SMITH
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CERTIFIED MAIL #
RETURN RECEIPT REQUESTED
Steven Neuschafer, City Manager
City of Dunn
P.O Box 1065
Dunn, NC 28335
Dear Mr. Neuschafer:
NORTH CAROLINA
Environmental Quality
4/8/2021
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Dunn Collection System
Permit WQCS00073
Case no. DV-2020-0165
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 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:
Mr. Celeste Sugg
NC DEQ / DWR
1617 Mail Service Center
Raleigh, NC 27699-1617
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DocuSign Envelope 1D: 6C265514-85BE-4FA9-91B8-7C36541FCB75
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,
DocuSigned by:
AutAidetito
C464531431844FE...
For S. Daniel Smith
Director, Division of Water Resources
cc: Enforcement File — DV-2020-0165
Fayetteville Regional Office
Municipal Unit
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Docusign Envelope ID: 6C255514-85BE-4FA9-91 B8-7C36541 FCB75
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0165 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 to upgrade the
deteriorated aeration piping and blowers at the WWTP. Notice to proceed was issued to
the Contractor on 11- 11- 19. Construction to date is approximately 90% complete. On
October 8th, basin #3 and #4 were put back on-line with new air piping and blowers. At
the time of these overflow incidents, basin #1 and #2 were out of service in order to demo
the old aeration piping so that new piping could be installed. An update letter was sent
to the Fayetteville Regional Office on October 19, 2020 advising the Regional Office of the
progress.
DWR Response: The City was in the middle of replacing the aeration piping in the
aeration basis but the WWTP still treated flows above the permitted limited of 3.75 MGD
at the WWTP.
The city has not found any major causes of I/I in the sewer system.
Spill Totals
168,000 in 28 hours
108,000 in 42 hours
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Prior to both SSO's, the 3 MG EQtank was empty and was reported to
be full after the rainfall on the September 27th causing the Dunn Wastewater Collections
System to become inundated with flow which led to the 168, 000 gallon and 108,000-
gallon spill at manhole #BR8 on the Black River Outfall line. The wastewater treatment
plant was also at 50% capacity due to a permitted construction project to replace all the
air piping and blowers for the aeration basins. With the plant at 50% capacity, this limited
the amount of maximum flow through the plant. A letter was sent to the Fayetteville
Regional office on July 8, 2020 and October 19, 2020, updating the regional office of our
construction schedule and capacity constraints.
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DocuSign Envelope ID: 6C265514-85BE-4FA9-91 B8-7C36541 FCB75
DWR Response: Even though the city states the WWTP was at 50% capacity they were
still able to treat more than the permitted limit 0f 3.75.
Recorded flows at WWTP during the times of the SSO's are:
9-26 5.464 MGD
9-27 5.068 MGD
9-28 4.77 MGD
9-29 4.5 MGD
9-30 5.99 MGD
This is the 5th month of the year that the city reported a SSO. There was another spill in
November 2020.City does not qualify for a SOC currently. The WWTP flow for 2020 was
89.1%. Facility is not under a moratorium.
❑ (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 El
Original Penalty (without Enforcement Costs) $ 3,000.00 (enteramount)
PartialRemission ❑ % or$ 0 (amount remitted)
Subtotal $ 3,000.00
Retaining Enforcement Costs $ 135.71
Total Revised Assessment $ 3,135.71
CDocuSlgned by:
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C464531431644FE...
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-2020-0165
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.
• 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
ADDRESS
TITLE (President, Owner, etc)
TELEPHONE r