NC0020656_Remission Decision (LV-2021-0161)_20210811

DocuSign Envelope ID:5140A92D-EDA4-4EBO-AD19-14533868A6FA
%ter STATE
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ROY COOPER ,',I 4. ir ;.
Governor
ELIZABETH S.BISER f _ * _;`
Secretory '` aw± .--
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
8/11/2021
CERTIFIED MAIL# 7018 1830 0001 8037 1905
RETURN RECEIPT REQUESTED
Charles D.Nichols, III
City of Laurinburg
PO Box 249
Laurinburg,NC 28353-0249
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Leith Creek WWTP
Permit NC0020656
Case LV-2021-0161
Scotland County
Dear Permittee:
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$1,628.28. 1
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 DEQ.
If payment is not received within thirty(30)days of receipt of this letter, in accordance with NCGS §
143-215.6A(t),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:
John Hennessy
NC DEQ/DWR/NPDES
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
DEQ North Carolina Department of Environmental Quality I Division of Water Resources
vvv512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
vonHC
Department.irn+V.r+oY+nr� /^� 919.707.9000

DocuSign Envelope ID:5140A92D-EDA4-4EBO-AD19-14533868A6FA
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
John Hennessy at(919) 707-3615 or [e-mail].
Sincerely,
DocuSigned by:
Etha.
8328B44CE9EB4A1...
S. Daniel Smith
Director, Division of Water Resources
cc: Enforcement File
Fayetteville Regional Office

DocuSign Envelope ID:5140A92D-EDA4-4EBO-AD19-14533868A6FA
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Scotland DWQ Case Number LV-2021-0161
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Laurinburg )
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( )

DocuSign Envelope ID:5140A92D-EDA4-4EBO-AD19-14533868A6FA
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0161 Region: Fayetteville County: Scotland
Assessed Entity: City of Laurinburg-Leith Creek WWTP Permit: NC0020656
❑ (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:
(c) Whether the violation was inadvertent or a result of an accident:
Pernuttee States:The City has struggled for many years to combat excess wastewater flows in
several sections of the collection system,which have exhibited high flows during wet weather events.
In 2019 the city undertook a comprehensive Asset Inventory and Assessment of its system and
identified Bridge Creek and College Parks the two most problematic basins within the collection
system.Subsequently,the City completed a Sewer System Evaluation Study(SSES)to further
investigate the causes of high flows in these basins.The SSES did not reveal any major deficiencies
contributing to l&l but pointed to a more widespread systemic problem. Both basins experience
constant infiltration from groundwater,which is then magnified during rain events. Based on the
findings of the SSES the City decided to take an aggressive approach to addressing the I&by
initiating the Bridge Creek and College Park Sanitary Sewer Rehabilitation project.The project will
consist of cleaning and inspecting all sewer lines in the two basins and rehabilitating or replacing
sewer lines as needed. In April 2021,the City submitted an application to DWI for a Clean Water
State Revolving Fund loan to fund the project,and are currently awaiting DWI's project selections for
funding.The WWTP is equipped with a 6 million gallon EQ basin that was quickly filled to capacity
in January,and once the EQ basin was full the City continued pumping excess influent flows through
the plant to prevent a spill to nearby Leith Creek.
DWR Response:The area did experience one of the wettest winter's on record.Other WWTP"s in
P
area experienced high flow and were assessed CPA's according to guidance.This facility has a
history of flow violations as listed below.The town could have been more proactive in correcting the
I/I problem.
❑ (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) $ 1,500.00
Subtotal $ 1,500.00
Retaining Enforcement Costs $ 128.28

DocuSign Envelope ID:5140A92D-EDA4-4EBO-AD19-14533868A6FA
Total Revised Assessment $ 1,628.28
DocuSigned by:
044- i — 8/11/2021
•
8328B44CE9EB4A1...
S. Daniel Smith Date