WQCS00106_Remission Request (DV-2021-0108)_20210706

6/28/21
Lon T. Snider,
Regional Supervisor Water Quality
Regional Operations Section
Winston-Salem Regional Office RECEIVED
Division of Water Resources, NCDEQ
JUL 0 6 2021
Re: Notice of Violation and Assessment of Civil Penalty NCDEQIDWR/NPDES
Permit No. WQCSOO 106
Davie County Water System
Cooleemee Collection System
Case No. DV-2021-0108
Davie County
Mr. Snider,
The Davie County Utilities Department hereby requests remission of the $1,389.11 (penalty and
enforcement costs) assessed against the Davie County Water System in your letter on June 24,
2021 for the following reasons listed below and on the Justification for Remission Request form.
Davie maintains a vigorous wastewater collection system inspection and maintenance program.
We became suspicious of a sewer leak in the Cooleemee WWTP catchment area on 1/19/21 at
about 10:00 am when flow to the treatment plant seemed lower than normal. This could have
been a result of faulty instrumentation but proved to be the result of a line break caused by
undermining during a flood event. There are many miles of pipeline tributary to the treatment
plant, however, with intensive effort, the break was located within 65 hours and completely
repaired within 7 hours thereafter.
The leak was completely inadvertent and occurred as a result of undermining during a storm
event. A purely natural cause.
Davie County Utility personnel are very conscientious. Davie has not been assessed civil
penalties for any previous violations.
For the reasons listed above and in consideration of our waiver of the right to an administrative
hearing, please remit the penalties and costs levied upon Davie County for this unavoidable
mi ap.
cerely,
oh �n ambert
Director of Public Utilities
Cc: David Boone, County Manager
The Honorable Julia Howard, State House Representative
Attachments: Affidavit Waiving the Right to an Administrative Hearing
Justification for Remission Request Form

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0108 County: Davie
Assessed Party: Davie County Water System
Permit No.: WQCS00I06 Amount Assessed: $1,389.11
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. § 143B-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. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
X (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);
X (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:
(b) Davie maintains a vigorous wastewater collection system inspection and maintenance program. We became
suspicious of a sewer leak in the Cooleemee WWTP catchment area on 1/19/21 at about 10:00 am when flow
to the treatment plant seemed lower than normal. This could have been a result of faulty instrumentation but
proved to be the result of a line break caused by undermining during a flood event. There are many miles of
pipeline tributary to the treatment plant, however, with intensive effort, the break was located within 65 hours
and completely repaired within 7 hours thereafter.
(c) The leak was completely inadvertent and occurred as a result of undermining during a storm event. A purely
natural cause.
(d) Davie CountyUtilitypersonnel are veryconscientious. Davie has not been assessed civil penalties for any
previous violations.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Davie County Water System )
Cooleemee Collection System )
PERMIT NO. WQCS00106 ) CASE NO. DV-2021-0108
Having been assessed civil penalties totaling$1,389.11 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 24,2021,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 28th day of June ,20 21
9.).__a AA...At--
SIGNATURE
RECEIVED ADDRESS
I m_ 46 MI 128 South Main St
NCDEQIDWRINPDES
Mocksville, NC 27028
TELEPHONE
[phone]
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