NC0021491_Remission Request (PC-2021-0055)_20220126

January 25,2022
RECEIVED
Subject:Assessment of Civil Penalties
for Violations of NPDES Permit Conditions ,IAN 2 6 2022
NPDES Permit:NC0021491
Dutchman Creek WWTP DWWNPDES
Case Number: PC-2021-0055 NCDEQI
Davie County
Mr.Poupart,
Thank you for allowing the Town of Mocksville the opportunity to respond to the Notice of Violation dated December 15,
2021;received December 29,2021.Below is our response to the concerns that have been brought forward in this notice.
The current permit being operated under was generated in 2014. The permit renewal application was due by December 31,
2018 and submitted on December 28,2018.An acknowledgement letter affirming DEQ's receipt of the application was
issued January 2,2019 and signed by Mr.Wren Thedford(Water Quality Permitting Section,NC-DEQ).
In October of 2020 while conducting an internal review,representatives of the Town of Mocksville discovered that no
correspondence on the 2018 Dutchman Creek WWTP permit renewal had been received from DEQ.
After reaching out regarding the status of the permit renewal,(we)received the following statement on 10/30/2020 from
Ms. Brianna Young,NC-DEQ,Expedited Permitting Unit: "Concerning the Dutchman Creek WWTP renewal,I do not
see that a pennit reviewer has been assigned to this renewal yet ... Please reach out to Mike Montebello(copied on this
email)to follow up." The inquiry was forwarded to Mr.Montebello on 10/30/2020,to which no follow-up was received,
until March 2021 when we received notification from Mr.Nicholas Coco of NCDEQ-DWR's NPDES Municipal
Permitting Unit.
A Division-approved sampling plan was developed by Mr.Coco in April of 2021 to address the lapse in the NPDES
permit renewal process.The expedited plan included(3)Effluent Pollutant Scans be taken in the months of April,August,
and December of 2021; and that(4)Secondary Species tests be conducted in coordination with each upcoming routine
toxicity sampling event,also supported by Ms. Cindy Moore, Aquatic Toxicology Branch,NCDEQ-DWR.
Representatives of the Town were not advised by DEQ to conduct testing on a secondary species at any time prior to 2018
to be submitted with the permit renewal.The 2014 pennit does not indicate secondary species testing—it is indicated only
in this Notice of Violation that this infraction pertains to rule 40 CFR 122.210)(5)(v).It would not be reasonable to
anticipate that testing of a secondary species be initiated without adequate notice and justification from DEQ.The
instructions provided in the"toxicity testing data"section of the 2A permit renewal form state the following:
Front instructions in permit renewal form 2A:
At a minimum, these results must include quarterly testing for a 12-month period within the past 1 year using
multiple species(minimum of two species), or the results from four tests performed at least annually in the four
and one-half years prior to the application,provided the results show no appreciable toxicity,and testing for
acute and/or chronic toxicity, depending on the range of receiving water dilution."
In the 2A permit renewal form submitted in 2018,Chronic WET testing data completed in April,July,and October of
2018 was included.Per the instructions given(above),this data satisfied all renewal requirements.No notification was
received from DEQ instructing that testing of a secondary species be conducted,until it was suggested in an email by Mr.
Coco in 2021 that we"should"begin secondary species testing,after the permit renewal had already been submitted in
2018. There was no explanation of why the recommendation was made.The facility is required to conduct quarterly
Chronic WET testing each quarter per the existing permit and have had no violations to date.
Valid Effluent Pollutant Scan data was submitted in the 2A application form.No communications were received from
DEQ on the matter of the Effluent Pollutant Scan data that was submitted in the permit renewal application. We ascertain
that the Effluent Pollutant Scan and Toxicity testing obligations required for the original permit renewal,submitted
December 2018,were satisfied.
Upon receipt of the 2020 PAR, it was discovered that the sampling requirements stipulated in the original HWA-STMP
were not met within the required time frame. Quarterly HWA sampling initially had a scheduled completion

date of December,2020;with sampling to begin in the 4th quarter of 2019.An expedited Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)was developed in March of 2021 in collaboration between representatives of the Town of
Mocksville,Ms.Kristin Litzenberger,and Mr.Michael Montebello of the NPDES Municipal Permitting Unit,NCDEQ-
DWR,WSRO.The revised HWA-STMP utilized the sampling requirements set forth in the original STMP,to be
collected in the months of March,April,July,and October of 2021.The remaining components of the Pretreatment Annual
Report(PAR)were otherwise complete and submitted to the NPDES Municipal Permitting Unit on 3/5/2021.The HWA-
STMP March,April,and July sample sets were collected as required;however,the final sample set scheduled for October
was delayed until November 23,2021 due to staff absences related to COVID-19.Analytical results were not available
until December 14,2021,which impeded the ability to complete the annual report by its due date of November 30, 2021.
The report was completed on January 10th,2022 and submitted to Ms.Litzenberger and Mr.Montebello that same day.
The Town of Mocksville has invested significant time and money in our endeavor to bring to a close the impacts of a
challenging few years and to improve facility compliance.We appreciate NC-DEQ's understanding by allowing us the
opportunity to revisit and resolve the matters outstanding. It is our request that our attention in these matters be taken into
account when proceeding with enforcement.
Sincerely,
Ken Gamble
Town of Mocksville
CC:
Todd Robinson,Envirolink
Joshua Powers,Envirolink

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 ) ADMINSTRATIVE HEARING AND
TOWN OF MOCKSVILLE ) STIPULATION OF FACTS
DUTCHMAN CREEK WWTP )
)
PERMIT NO. NC0021491 ) FILE NO. PC-2021-0055
Havingbeen assessed civilpenalties totaling $22,710.54 for violation(s) as set forth in the
assessment document of the Division of Water Resources,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 LSi day of 34,i7L(- , 20 ZZ-,-
PR ,D AME
SIGNATURE
RECEIVED
JAN 2 6 2022 ADDRESS
/oCdil ,/%CA-74
NCDEQ/DWR/NPDES
HL1ccv7te, ,C' z is-z-
TELEPHONE
3�-75-3 6"7�

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2021-0055 County: Davie
Assessed Entity: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $22,710.54
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);
❑ (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);
(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);
❑ (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:
The current permit being operated under was generated in 2014. The permit renewal application was due by December 31,
2018 and submitted on December 28, 2018. An acknowledgment letter affirming DEQ's receipt of the application was
issued January 2, 2019 and signed by Mr. Wren Thedford (Water Quality Permitting Section, NC-DEQ). In October of 2020
while conducting an internal review, representatives of the Town of Mocksville discovered that no correspondence on the
2018 Dutchman Creek WWTP permit renewal had been received from DEQ. In the 2A permit renewal form submitted in
2018, Chronic WET testing data completed in April, July, and October of 2018 was included. Per the instructions provided
in the 2018 application, this data satisfied all renewal requirements. Valid Effluent Pollutant Scan data was submitted in the
2A application form. No communications were received from DEQ on the matter. The expedited Effluent Pollutant Scan
testing schedule of April, August, and December of 2021 has been completed. The HWA-STMP March, April, and July
sample sets were collected as required. The final sample set scheduled for October was delayed until November 23, 2021
due to staff absences related to COVID-19. Analytical results were not available until December 14, 2021, which impeded
the ability to complete the annual report by its due date of November 30, 2021. The report was completed on January 10Ih,
2022 and submitted to Ms. Litzenberger and Mr. Montebello that same day.

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Mocksville—Dutchman Creek WWTP
County: Davie
• Case Number: PC-2021-0055
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation;
The degree and extent of the harm of the violation cannot be determined as the absence of sampling and a
monitoring plan recludes us from knowing the extent of the scopeand magnitude of the pollutant loading to
the receiving stream.
2) The duration and gravity of the violation;
The duration of the violation extended from 2015 to 2021.The gravity of the violation is unknown,as the
absence of appropriate sampling,the lack of implementation of a Division-approved monitoring plan,and an
improperly implemented pretreatment program prevent us from accurately quantifying the gravity of the
violation.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality cannot be determined due to the absence of required sampling and an improperly
implemented pretreatment program.
4) The cost of rectifying the damage;
Unknown—Since the effluent pollutant scans and whole effluent toxicity testing were not performed,it is
difficult to quantify the exact extent of the damage and therefore the cost to rectify it.This cost would
include the development and implementation of a Division-approved monitoring plan.
5) The amount of money saved by noncompliance;
The delayed cost associated with the effluent pollutant scans,whole effluent toxicity testing,Headworks
Analysis,and Division-approved monitoring plan.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was willful or intentional,however the facility has been grossly
negligent in resolving the known issues.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
Permittee has had multiple permit limit violations for ROD from 2017 to 2021,along with other limit and
monitoring violations.There are 13 other enforcement cases on record from 2002-2015.
•LM-2021-0049 for violations in May 2021:Cadmium, Monitoring;BOD,TSS,Ammonia,Limit—unpaid
• LV-2021-0246 for violations in Oct 2020:BOD—unpaid
• LV-2021-0169 for violations in Aug 2020:BOD,Fecal—unpaid
• LV-2021-0113 for violations in June 2020:ROD—paid
• LV-2021-0112 for violations in July 2020:BOD—paid

•LV-2020-0367 for violations in March 2020:BOD,TSS—paid
8) The cost to the State of the enforcement procedures.
$210.54
Oocu9IgMd by.
12/15/2021 iLfir4 P61 vt
8F13198649002478
Date Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources,NC DEQ

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF DAVIE
IN THE MATTER OF ) CASE NO. PC-2021-0055
TOWN OF MOCKSVILLE )
DUTCHMAN CREEK WWTP ) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO.NC0021491 )
Acting pursuant to North Carolina General Statute(G.S.) 143-215.6A, I,John Hennessy,of the Division of
Water Resources(hereby known as DWR),make the following:
1. FINDING OF FACT
A. The Town of Mocksville is a person organized and existing under the laws of the State of North
Carolina,
B. On October 6,2014,the Town of Mocksville was issued NPDES Permit Number NC0021491
effective November 1,2014,for the operation and maintenance of a wastewater treatment plant
located at the Dutchman Creek WWTP,with the discharge of treated effluent into Dutchman
Creek,classified as C waters in the Yadkin Pee-Dee River Basin,in accordance with the
provisions of Article 21 of Chapter 143,General Statutes of North Carolina.
C. On February 26,2019,Deborah Gore of the Division of Water Resources(DWR)contacted the
pretreatment coordinator for the Town of Mocksville and informed them of the following:
• The Headworks Analysis(HWA)was originally due on September 30,2019.
• A subsequent demand was made by DWR that the HWA be submitted no later than
December 1,2020 in order to include discharge from a Significant Industrial User(SIU).
D. On February 26,2021,representatives of the Town contacted DWR and stated the following:
• They were not informed or aware of the pretreatment process.
• None of the Headworks Analysis(HWA)sampling required in their Short Term Monitoring
Plan(STMP)had occurred.
E. On March 1 I,2021,Michael Montebello and Kristin Litzenberger of DWR met with the
contractor with the Town to discuss the IIWA,including the data already gathered and the
sampling plan for 2021. DWR reviewed the proposed sampling plan for the missing data and
made another demand for the HWA to be submitted,with a deadline of November 30,2021.
F. On March 17,2021,Nick Coco of DWR requested the Town of Mocksville submit the
following items:
• Whole effluent toxicity testing on a second species
• Effluent scans for the years 2015,2016,and 2017
G. On March 23,2021,representatives of the Town contacted DWR, stating that they did not
believe a second species test has been completed.

it
H. On March 29,2021,representatives of the Town responded to Nick Coco of DWR,staling that
they contacted their lab and were unable to find any effluent pollutant scans for 2015,2016,and
2017.
1. On September 7,2021,DWR issued a Notice of Violation-Notice of Intent to Enforce(NOV-
2021-PC-0418)to the Town of Mocksville for multiple violations of NPDES Permit
NC0021491 and the permit renewal application.
J. On September 17,2021, DWR received a letter from the Town of Mocksville in response to the
Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),explaining the
following:
"A Division-approved revised sampling plan was executed by Mr.Nicholas Coco of
NCDEQ-DWR's NPDES Municipal Permitting Unit in April of 2021 to address a lapse
in the 2017 NPDES permit renewal process.The expedited plan requires that(3)
Effluent Pollutant Scans be taken in the months of April,August,and December of
2021;and that(4)Secondary Species tests be conducted with each upcoming routine
toxicity sampling event,as determined by Ms.Cindy Moore,Aquatic Toxicology
Branch,NCDEQ-DWR.A concurrent revised Headworks Short Term Monitoring Plan
was developed in March of 2021,in collaboration between Envirolink Staff,Ms. Kristin
Litzenberger,and Mr. Michael Montebello of the NPDES Municipal Permitting Unit,
NCDEQ-DWR,Winston-Salem Division.
The sampling requirements as part of the original Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)were not met within the required time fame.Quarterly
HWA sampling initially had a scheduled completion date of December 2020; with
sampling to begin in the 4th quarter of 2019.The former designated pretreatment
program coordinator was notified via email by Ms. Deborah Gore,NCDEQ-DWR,
PERCS Unit Supervisor on 2/26/2019 of the upcoming HWA sampling requirements.
The individual responsible for pretreatment program coordination and for the NPDES
permit renewal process left the company shortly after,and to the best of our knowledge,
no relevant parties were informed of the original short-term monitoring requirements as
presented by Ms.Gore;nor of the status of the permit renewal.This lapse in
communication resulted in the above monitoring delays.
The revised HWA-STMP stipulates that the sampling requirements established in the
original STMP are to be taken in the months of March,April,July,and October of
2021.Thus far,the expedited sampling plan has been adhered to as required.The final
sample set will be collected this upcoming October. The remaining components of the
Pretreatment Annual Report(PAR)are otherwise complete and were submitted to the
NPDES Municipal Permitting Unit on 3/5/2021.An effluent pollutant scan was
conducted on April 8,2021;however,due to inadvertent delays,the effluent pollutant
scan testing for August has been rescheduled.Arrangements have been made for the
second effluent pollutant scan to be collected during the week of September 20-24,
2021.The final test will be conducted in December of 2021.Secondary Species testing
is scheduled to begin the week of October 4th."
K. On September 22,2021,DWR received an additional letter from the Town of Mocksville as a
revised response to the Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),
explaining the following:
"The purpose of this memorandum is to inform the review of an amendment we have
made to the response letter submitted on September 17,2021.

The original response states that the Effluent Pollutant Scan testing required for the
• August 2021 period had not been met within the required time frame.According to an
update received on September 20,2021,an Effluent Pollutant Scan was completed on
August 25,2021."
L. On December 13,2021,the Division confirmed with the Municipal Permitting Unit that the
Headworks Analysis had still not been submitted.
M. NPDES PERMIT NO.NC0021491 contains the following permit conditions:
NPDES Permit NC0021491 Part I.Section A.(3.)Effluent Pollutant Scan
The Permittee shall perform a total of three(3)Effluent Pollutant Scans for all parameters listed
below.One scan must be performed in each of the following years: 2015,2016,and 2017.
Analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently
sensitive to determine whether parameters are present in concentrations greater than applicable
standards and criteria. Samples should be collected with one quarterly toxicity test each year,
and must represent seasonal variation[i.e.,do not sample in the same quarter every year].
Unless otherwise indicated,metals shall be analyzed as"total recoverable"...
NPDES Permit NC002149]_Part IV. Section D.(3,)_Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of
facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for
the development of specific pretreatment local limits.Effluent data from the Plan shall be
reported on the DMRs(as required by Parts 1I.D and II.E.5.). [I5A NCAC 02H.0903(b)(16),
.0906(b)(3)and .0905]
NPDES Permit NC0021491 Part IV. Section D.(4.)Headworksnalysis(HWA)and Local
Limits
The Permittee shall obtain Division approval of a HWA at least once every five years,and as
required by the Division.Within 180 days of the effective date of this permit(or any subsequent
permit modification)the Permittee shall submit to the Division a written technical evaluation of
the need to revise local limits(i.e.,an updated HWA or documentation of why one is not
needed)[40 CFR 122.44].The Permittee shall develop,in accordance with 40 CFR 403.5(c)
and 15A NCAC 0211 .0909,specific Local Limits to implement the prohibitions listed in 40
CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1).[15A NCAC 02H
.0903(b)(10),.0905,and .0906(b)(4)]
•
N. 40 CFR 122.21(])(5)(v)contains the following requirement:
(v)Applicants must conduct tests with multiple species(no less than two species;e.g.,fish,
invertebrate,plant),and test for acute or chronic toxicity,depending on the range of receiving
water dilution...
O. A DWR file review confirmed that the Town of Mocksville is not allowed as a condition of any
permit,special order,or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article to violate water quality standards applicable to an assigned
classification or to violate any effluent standard,limitations,permit conditions,or
rules/regulations established for any point source.
P. The cost to the State of the enforcement procedures in this matter totaled$210.54.

Based upon the above Findings of Fact, I make the following:
11. CONCLUSION OF LAW
A. The Town of Mocksville is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The Dutchman Creek located at the site constitutes waters of the State within the meaning of
G.S. 143-212(6).
C. The Town ofMocksville wasNPDESPermitaccordancewithG.S.
1 o n rlle issued No.NC0021491 in
143-21 S.l a for the operation and maintenance of a wastewater treatment lant and the
( ) p a ter p
discharge of wastewater in compliance with permit limits and conditions.
D. The Town of Mocksville violated NPDES Permit NC0021491 Part 1,Section A.(3.)by failing to
conduct the required effluent pollutant scans in 2015,2016 and 2017.
E. The Town of Mocksville violated 40 CFR 122.21(j)(5)(v)by failing to conduct the required
whole effluent toxicity testing on a second species.
F. The Town of Mocksville violated NPDES Permit NC0021491 Part IV,Section D.(3)by failing
to implement a Division-approved Monitoring Plan.
G. The Town of Mocksville violated NPDES Permit NC0021491 Part IV, Section D.(4.)by failing
to submit a Headworks Analysis for Division approval within the required timeframe.
H. The Town of Mocksville may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2),which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000)per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1,or who violates or fails to act in
accordance with the terms,conditions,or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
1. The State's enforcement cost in this matter may be assessed against the Town of Mocksville
pursuant to G.S. 143-215.3 (a)(9)and G.S. I43I3-282.1(b)(8).
J. John Hennessy of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly,the Town of Mocksville is hereby assessed a civil penalty of:
$ 7,500.00 for 3 of 3 violation(s)of NPDES Permit No.NC0021491 Part 1,Section A. (3.)by
failing to conduct the required effluent pollutant scans in 2015,2016 and 2017.

$ 2.500.00 for 1 of 1 violation(s)of 40 CFR 122.21(jx5Xv)by failing to conduct the required
whole effluent toxicity testing on a second species.
$ 10,000.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV,Section D.(3)by
failing to implement a Division-approved Monitoring Plan.
$ 2500.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV,Section D.(4.)by
failing to submit a Headworks Analysis for Division approval within the required
timeframe.
$ 22.500.00 TOTAL CIVIL PENALTY,authorized by G.S. 143-215.6A
$ 210.54 Enforcement Cost
$ 22.710.54 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c),in determining the amount of penalty,I considered the factors set out in
G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
r-OocuSipn.dby:12/15/2021 j ,3ifli' P1'1AY1t
Date Jeff Poupart.
Water Quality Permitting Section Chief
Division of Water Resources
1

January 25,2022
Subject: Assessment of Civil Penalties
for Violations of NPDES Permit Conditions
NPDES Permit:NC0021491
Dutchman Creek WWTP
Case Number: PC-2021-0055
Davie County
Mr.Poupart,
Thank you for allowing the Town of Mocksville the opportunity to respond to the Notice of Violation dated December 15,
2021;received December 29,2021.Below is our response to the concerns that have been brought forward in this notice.
The current permit being operated under was generated in 2014. The permit renewal application was due by December 31,
2018 and submitted on December 28,2018.An acknowledgement letter affirming DEQ's receipt of the application was
issued January 2,2019 and signed by Mr.Wren Thedford(Water Quality Permitting Section, NC-DEQ).
In October of 2020 while conducting an internal review,representatives of the Town of Mocksville discovered that no
correspondence on the 2018 Dutchman Creek WWTP permit renewal had been received from DEQ.
After reaching out regarding the status of the permit renewal,(we)received the following statement on 10/30/2020 from
Ms. Brianna Young,NC-DEQ,Expedited Permitting Unit:"Concerning the Dutchman Creek WWTP renewal,I do not
see that a permit reviewer has been assigned to this renewal yet ... Please reach out to Mike Montebello(copied on this
email)to follow up."The inquiry was forwarded to Mr.Montebello on 10/30/2020,to which no follow-up was received,
until March 2021 when we received notification from Mr.Nicholas Coco of NCDEQ-DWR's NPDES Municipal
Permitting Unit.
A Division-approved sampling plan was developed by Mr.Coco in April of 2021 to address the lapse in the NPDES
permit renewal process.The expedited plan included(3)Effluent Pollutant Scans be taken in the months of April,August,
and December of 2021; and that(4)Secondary Species tests be conducted in coordination with each upcoming routine
toxicity sampling event,also supported by Ms. Cindy Moore,Aquatic Toxicology Branch,NCDEQ-DWR.
Representatives of the Town were not advised by DEQ to conduct testing on a secondary species at any time prior to 2018
to be submitted with the permit renewal.The 2014 permit does not indicate secondary species testing—it is indicated only
in this Notice of Violation that this infraction pertains to rule 40 CFR 122.21(j)(5)(v).It would not be reasonable to
anticipate that testing of a secondary species be initiated without adequate notice and justification from DEQ.The
instructions provided in the"toxicity testing data"section of the 2A permit renewal form state the following:
From instructions in permit renewal form 2A:
At a minimum, these results must include quarterly testing for a 12-month period within the past 1 year using
multiple species(minimum of two species), or the results from four tests performed at least annually in the four
and one-half years prior to the application,provided the results show no appreciable toxicity, and testing for
acute and/or chronic toxicity, depending on the range ofreceiving water dilution."
In the 2A permit renewal form submitted in 2018,Chronic WET testing data completed in April,July,and October of
2018 was included.Per the instructions given(above),this data satisfied all renewal requirements.No notification was
received from DEQ instructing that testing of a secondary species be conducted,until it was suggested in an email by Mr.
Coco in 2021 that we"should"begin secondary species testing,after the permit renewal had already been submitted in
2018. There was no explanation of why the recommendation was made.The facility is required to conduct quarterly
Chronic WET testing each quarter per the existing permit and have had no violations to date.
Valid Effluent Pollutant Scan data was submitted in the 2A application form.No communications were received from
DEQ on the matter of the Effluent Pollutant Scan data that was submitted in the permit renewal application. We ascertain
that the Effluent Pollutant Scan and Toxicity testing obligations required for the original permit renewal,submitted
December 2018,were satisfied.
Upon receipt of the 2020 PAR, it was discovered that the sampling requirements stipulated in the original HWA-STMP
were not met within the required time frame. Quarterly HWA sampling initially had a scheduled completion

date of December,2020;with sampling to begin in the 4th quarter of 2019.An expedited Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)was developed in March of 2021 in collaboration between representatives of the Town of
Mocksville,Ms.Kristin Litzenberger,and Mr. Michael Montebello of the NPDES Municipal Permitting Unit,NCDEQ-
DWR,WSRO.The revised HWA-STMP utilized the sampling requirements set forth in the original STMP,to be
collected in the months of March,April,July,and October of 2021.The remaining components of the Pretreatment Annual
Report(PAR)were otherwise complete and submitted to the NPDES Municipal Permitting Unit on 3/5/2021.The HWA-
STMP March,April,and July sample sets were collected as required;however,the final sample set scheduled for October
was delayed until November 23,2021 due to staff absences related to COVID-19.Analytical results were not available
until December 14,2021,which impeded the ability to complete the annual report by its due date of November 30, 2021.
The report was completed on January 101h,2022 and submitted to Ms. Litzenberger and Mr.Montebello that same day.
The Town of Mocksville has invested significant time and money in our endeavor to bring to a close the impacts of a
challenging few years and to improve facility compliance.We appreciate NC-DEQ's understanding by allowing us the
opportunity to revisit and resolve the matters outstanding. It is our request that our attention in these matters be taken into
account when proceeding with enforcement.
Sincerely,
Ken Gamble
Town of Mocksville
CC:
Todd Robinson,Envirolink
Joshua Powers,Envirolink

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 ) ADMINSTRATIVE HEARING AND
TOWN OF MOCKSVILLE ) STIPULATION OF FACTS
DUTCHMAN CREEK WWTP )
)
PERMIT NO. NC0021491 ) FILE NO. PC-2021-0055
Having been assessed civil penalties totaling $22,710.54 for violation(s) as set forth in the
assessment document of the Division of Water Resources,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 day of :74 nGCQt� ,20 ZZ,- �^
J- .',
PR ,D AME
SIGNATURE
ADDRESS
/71s c�c•-����r�- S c'�¢
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2021-0055 County: Davie
Assessed Entity: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $22,710.54
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. 143 B-282.1(b)were wrongfully applied
to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
❑ (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);
® (c) the violation was inadvertent or a result of an accident(i.e., explain whip the violation was unavoidable
or something you could not prevent or prepare for);
❑ (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 pe►forming the activities necessary to achieve
compliance).
EXPLANATION:
The current permit being operated under was generated in 2014. The permit renewal application was due by December 31,
2018 and submitted on December 28, 2018. An acknowledgment letter affirming DEQ's receipt of the application was
issued January 2, 2019 and signed by Mr. Wren Thedford (Water Quality Permitting Section, NC-DEQ). In October of 2020
while conducting an internal review, representatives of the Town of Mocksville discovered that no correspondence on the
2018 Dutchman Creek WWTP permit renewal had been received from DEQ. In the 2A permit renewal form submitted in
2018, Chronic WET testing data completed in April, July, and October of 2018 was included. Per the instructions provided
in the 2018 application, this data satisfied all renewal requirements. Valid Effluent Pollutant Scan data was submitted in the
2A application form. No communications were received from DEQ on the matter. The expedited Effluent Pollutant Scan
testing schedule of April, August, and December of 2021 has been completed. The HWA-STMP March, April, and July
sample sets were collected as required. The final sample set scheduled for October was delayed until November 23, 2021
due to staff absences related to COVID-19. Analytical results were not available until December 14, 2021, which impeded
the ability to complete the annual report by its due date of November 30, 2021. The report was completed on January 10th,
2022 and submitted to Ms. Litzenberger and Mr. Montebello that same day.

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Mpcksville—Dutchman Creek WWTP
County: Davie
• Case Number: PC-2021-0055
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation;
The degree and extent of the harm of the violation cannot be determined as the absence of sampling and a
• monitoring plan precludes us from knowing the extent of the scope and magnitude of the pollutant loading to
the receiving stream.
2) The duration and gravity of the violation;
The duration of the violation extended from 2015 to 2021.The gravity of the violation is unknown,as the
absence of appropriate sampling,the lack of implementation of a Division-approved monitoring plan,and an
improperly implemented pretreatment program prevent us from accurately quantifying the gravity of the
violation.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality cannot be determined due to the absence of required sampling and an improperly
implemented pretreatment program.
4) The cost of rectifying the damage;
Unknown—Since the effluent pollutant scans and whole effluent toxicity testing were not performed,it is
difficult to quantify the exact extent of the damage and therefore the cost to rectify it.This cost would
include the development and implementation of a Division-approved monitoring plan.
4 moneysaved.) The amount of by
The delayed cost associated with the effluent pollutant scans,whole effluent toxicity testing,Headworks
Analysis,and Division-approved monitoring plan.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was willful or intentional,however the facility has been grossly
negligent in resolving the known issues.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
Permittee has had multiple permit limit violations for ROD from 2017 to 2021,along with other limit and
monitoring violations.There are 13 other enforcement cases on record from 2002-2015.
•LM-202I-0049 for violations in May 2021:Cadmium, Monitoring;BOD,TSS,Ammonia,Limit—unpaid
• LV-2021-0246 for violations in Oct 2020:BOD—unpaid
• LV-2021-0169 for violations in Aug 2020:BOD,Fecal—unpaid
• LV-2021-0113 for violations in June 2020:BOD—paid
• LV-2021-0112 for violations in July 2020:BOD—paid

•LV-2020-0367 for violations in March 2020: BOD,TSS—paid
8) The cost to the State of the enforcement procedures.
$210,54
,--DocuSrpned by. � t
12/15/2021 Pb o.v
�8F81988401)024
Date Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources,NC DEQ

STATE OF NORTH CAROLINA
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF DAV1E
IN THE MATTER OF ) CASE NO. PC-2021-0055
TOWN OF MOCKSVILLE )
DUTCHMAN CREEK WWTP ) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO.NC0021491 )
Acting pursuant to North Carolina General Statute(G.S.) 143-215.6A, 1,John Hennessy,of the Division of
Water Resources(hereby known as DWR),make the following:
1. FINDING OF FACT
A. The Town of Mocksville is a person organized and existing under the laws of the State of North
Carolina.
B. On October 6,2014,the Town of Mocksville was issued NPDES Permit Number NC0021491
effective November 1,2014,for the operation and maintenance of a wastewater treatment plant
located at the Dutchman Creek WWTP,with the discharge of treated effluent into Dutchman
Creek,classified as C waters in the Yadkin Pee-Dee River Basin,in accordance with the
provisions of Article 21 of Chapter 143,General Statutes of North Carolina.
C. On February 26,2019,Deborah Gore of the Division of Water Resources(DWR)contacted the
pretreatment coordinator for the Town of Mocksville and informed them of the following:
• The Headworks Analysis(HWA)was originally due on September 30,2019.
• A subsequent demand was made by DWR that the HWA be submitted no later than
December 1,2020 in order to include discharge from a Significant Industrial User(SIU).
D. On February 26,2021,representatives of the Town contacted DWR and stated the following:
• They were not informed or aware of the pretreatment process.
• None of the Headworks Analysis(HWA)sampling required in their Short Term Monitoring
Plan(STMP)had occurred.
E. On March 11,2021,Michael Montebello and Kristin Litzenberger of DWR met with the
contractor with the Town to discuss the IUWA,including the data already gathered and the
sampling plan for 2021. DWR reviewed the proposed sampling plan for the missing data and
made another demand for the HWA to be submitted,with a deadline of November 30,2021.
F. On March 17,2021,Nick Coco of DWR requested the Town of Mocksville submit the
following items:
• Whole effluent toxicity testing on a second species
• effluent scans for the years 2015,2016,and 2017
G. On March 23,2021,representatives of the Town contacted DWR, stating that they did not
believe a second species test has been completed.

H. On March 29,2021,representatives of the Town responded to Nick Coco of DWR,stating that
they contacted their lab and were unable to find any effluent pollutant scans for 2015,2016,and
2017.
I. On September 7,2021,DWR issued a Notice of Violation-Notice of Intent to Enforce(NOV-
2021-PC-0418)to the Town of Mocksville for multiple violations of NPDES Permit
NC0021491 and the permit renewal application.
J. On September 17,2021, DWR received a letter from the Town of Mocksville in response to the
Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),explaining the
following:
"A Division-approved revised sampling plan was executed by Mr.Nicholas Coco of
NCDEQ-DWR's NPDES Municipal Permitting Unit in April of 2021 to address a lapse
in the 2017 NPDES permit renewal process.The expedited plan requires that(3)
Effluent Pollutant Scans be taken in the months of April,August,and December of
2021;and that(4)Secondary Species tests be conducted with each upcoming routine
toxicity sampling event,as determined by Ms.Cindy Moore,Aquatic Toxicology
Branch,NCDEQ-DWR.A concurrent revised Headworks Short Term Monitoring Plan
was developed in March of 2021,in collaboration between Envirolink Staff,Ms, Kristin
Litzenberger,and Mr. Michael Montebello of the NPDES Municipal Permitting Unit,
NCDEQ-DWR,Winston-Salem Division.
The sampling requirements as part of the original Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)were not met within the required time fame.Quarterly
HWA sampling initially had a scheduled completion date of December 2020;with
sampling to begin in the 4th quarter of 2019.The former designated pretreatment
program coordinator was notified via email by Ms. Deborah Gore,NCDEQ-DWR,
PERCS Unit Supervisor on 2/26/2019 of the upcoming HWA sampling requirements.
The individual responsible for pretreatment program coordination and for the NPDES
permit renewal process left the company shortly after,and to the best of our knowledge,
no relevant parties were informed of the original short-term monitoring requirements as
presented by Ms.Gore;nor of the status of the permit renewal.This lapse in
communication resulted in the above monitoring delays.
The revised HWA-STMP stipulates that the sampling requirements established in the
original STMP are to be taken in the months of March,April,July,and October of
2021.Thus far,the expedited sampling plan has been adhered to as required.The final
sample set will be collected this upcoming October.The remaining components of the
Pretreatment Annual Report(PAR)are otherwise complete and were submitted to the
NPDES Municipal Permitting Unit on 3/5/2021.An effluent pollutant scan was
conducted on April 8,2021;however,due to inadvertent delays,the effluent pollutant
scan testing for August has been rescheduled. Arrangements have been made for the
second effluent pollutant scan to be collected during the week of September 20-24,
2021.The final test will be conducted in December of 2021.Secondary Species testing
is scheduled to begin the week of October 4'h."
K. On September 22,2021,DWR received an additional letter from the Town of Mocksvillc as a
revised response to the Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),
explaining the following:
"The purpose of this memorandum is to inform the review of an amendment we have
made to the response letter submitted on September 17,2021.

The original response states that the Effluent Pollutant Scan testing required for the
• August 2021 period had not been met within the required time frame.According to an
update received on September 20,2021,an Effluent Pollutant Scan was completed on
August 25,2021."
L. On December 13,2021,the Division confirmed with the Municipal Permitting Unit that the
Headworks Analysis had still not been submitted.
M. NPDES PERMIT NO.NC0021491 contains the following permit conditions:
NPDES Permit NC0021491 Part 1.Section A.(3.)Effluent Pollutant Scan
The Permittee shall perform a total of three(3)Effluent Pollutant Scans for all parameters listed
below.One scan must be performed in each of the following years: 2015,2016,and 2017.
Analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently
sensitive to determine whether parameters are present in concentrations greater than applicable
standards and criteria. Samples should be collected with one quarterly toxicity test each year,
and must represent seasonal variation[i.e.,do not sample in the same quarter every year].
Unless otherwise indicated,metals shall be analyzed as"total recoverable"...
NPDES Permit NC0021491 Part IV. Section D.(3.)Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of
facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for
the development of specific pretreatment local limits. Effluent data from the Plan shall be
required byParts lI.D and II.E.S. . [15A NCAC 02H.0903 b(16),
reported on the DMRs(as q ) { )
.0906(b)(3)and .0905]
NPDES Permit NC0021491 Part IV.Section D.(4.)Headworks Analysis(HWA)and Local
Limits
The Permitter shall obtain Division approval of a HWA at least once every five years,and as
required by the Division.Within 180 days of the effective date of this permit(or any subsequent
permit modification)the Pennittee shall submit to the Division a written technical evaluation of
the need to revise local limits(i.e.,an updated HWA or documentation of why one is not
needed)[40 CFR 122.44].The Permitlee shall develop,in accordance with 40 CFR 403.5(c)
and 15A NCAC 0211.0909, specific Local Limits to implement the prohibitions listed in 40
CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [ISA NCAC 02H
.0903(b)(10),.0905,and .0906(b)(4)]
•
N. 40 CFR 122.21(j)(5)(v)contains the following requirement:
(v)Applicants must conduct tests with multiple species(no less than two species;e.g., fish,
invertebrate,plant),and test for acute or chronic toxicity,depending on the range of receiving
water dilution...
O. A DWR file review confirmed that the Town of Mocksville is not allowed as a condition of any
permit,special order,or other appropriate instrument issued or entered into by the Commission
under the provisions of this At1icle to violate water quality standards applicable to an assigned
classification or to violate any effluent standard,limitations,permit conditions,or
rules/regulations established for any point source.
P. The cost to the State of the enforcement procedures in this matter totaled$210.54.

Based upon the above Findings of Fact,I make the following:
II. CONCLUSION OF LAW
A. The Town of Mocksville is a`person' within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The Dutchman Creek located at the site constitutes waters of the State within the meaning of
G.S. 143-212(6).
C. The Town of Mocksville was issued NPDES Permit No.NC0021491 in accordance with G.S.
143-215.1(a)for the operation and maintenance of a wastewater treatment plant and the
discharge of wastewater in compliance with permit limits and conditions.
D. The Town of Mocksville violated NPDES Permit NC0021491 Part I,Section A.(3.)by failing to
conduct the required effluent pollutant scans in 2015,2016 and 2017.
E. The Town of Mocksville violated 40 CFR 122.21(j)(5)(v)by failing to conduct the required
whole effluent toxicity testing on a second species.
F. The Town of Mocksville violated NPDES Permit NC0021491 Part IV,Section D.(3)by failing
to implement a Division-approved Monitoring Plan.
G. The"Town of Mocksville violated NPDES Permit NC0021491 Part IV, Section D.(4.)by failing
to submit a Headworks Analysis for Division approval within the required timeframe.
H. The Town of Mocksville may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2),which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000)per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1,or who violates or fails to act in
accordance with the terms,conditions,or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
1. The State's enforcement cost in this matter may be assessed against the Town of Mocksville
pursuant to G.S. 143-215.3 (a)(9)and G.S. 143B-282.1(b)(8).
J. John Hennessy of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly,the Town of Mocksville is hereby assessed a civil penalty of:
$ 7,500.00 for 3 of 3 violation(s)of NPDES Permit No.NC0021491 Part I,Section A. (3.)by
failing to conduct the required effluent pollutant scans in 2015,2016 and 2017.

$ 2,500.00 for 1 of 1 violation(s)of 40 CFR 122.21(j)(5Xv)by failing to conduct the required
whole effluent toxicity testing on a second species.
$ 10.000.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV,Section D.(3)by
failing to implement a Division-approved Monitoring Plan.
$ 2,500.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV,Section D.(4.)by
failing to submit a Headworks Analysis for Division approval within the required
timeframe.
$ 22.500.00 TOTAL CIVIL PENALTY,authorized by G.S. I43-215.6A
$ 210.54 Enforcement Cost
$ 22,710,54 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty,I considered the factors set out in
G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
�OooveI.n.d by:
12/15/2021. L tt eJ P°o`r
ens+° oDD2. $
Date Jeff Poupart.
Water Quality Permitting Section Chief
Division of Water Resources

January 25,2022
Subject:Assessment of Civil Penalties
for Violations of NPDES Permit Conditions
NPDES Permit:NC0021491
Dutchman Creek WWTP
Case Number: PC-2021-0055
Davie County
Mr.Poupart,
Thank you for allowing the Town of Mocksville the opportunity to respond to the Notice of Violation dated December 15,
2021;received December 29,2021.Below is our response to the concerns that have been brought forward in this notice.
The current permit being operated under was generated in 2014. The permit renewal application was due by December 31,
2018 and submitted on December 28,2018.An acknowledgement letter affirming DEQ's receipt of the application was
issued January 2,2019 and signed by Mr.Wren Thedford(Water Quality Permitting Section, NC-DEQ).
In October of 2020 while conducting an internal review,representatives of the Town of Mocksville discovered that no
correspondence on the 2018 Dutchman Creek WWTP permit renewal had been received from DEQ.
After reaching out regarding the status of the permit renewal,(we)received the following statement on 10/30/2020 from
Ms. Brianna Young,NC-DEQ,Expedited Permitting Unit:"Concerning the Dutchman Creek WWTP renewal, I do not
see that a permit reviewer has been assigned to this renewal yet ... Please reach out to Mike Montebello(copied on this
email)to follow up." The inquiry was forwarded to Mr.Montebello on 10/30/2020,to which no follow-up was received,
until March 2021 when we received notification from Mr.Nicholas Coco of NCDEQ-DWR's NPDES Municipal
Permitting Unit.
A Division-approved sampling plan was developed by Mr.Coco in April of 2021 to address the lapse in the NPDES
permit renewal process.The expedited plan included(3)Effluent Pollutant Scans be taken in the months of April,August,
and December of 2021; and that(4)Secondary Species tests be conducted in coordination with each upcoming routine
toxicity sampling event,also supported by Ms. Cindy Moore, Aquatic Toxicology Branch,NCDEQ-DWR.
Representatives of the Town were not advised by DEQ to conduct testing on a secondary species at any time prior to 2018
to be submitted with the permit renewal.The 2014 pennit does not indicate secondary species testing—it is indicated only
in this Notice of Violation that this infraction pertains to rule 40 CFR 122.21(j)(5)(v).It would not be reasonable to
anticipate that testing of a secondary species be initiated without adequate notice and justification from DEQ.The
instructions provided in the"toxicity testing data"section of the 2A permit renewal form state the following:
Front instructions in permit renewal form 2A:
Al a minimum, these results must include quarterly testing for a 12-month period within the past 1 year using
multiple species(minimum of two species), or the results from four tests performed at least annually in the four
and one-half years prior to the application,provided the results show no appreciable toxicity, and testing for
acute and/or chronic toxicity, depending on the range of receiving water dilution."
In the 2A permit renewal form submitted in 2018,Chronic WET testing data completed in April,July,and October of
2018 was included.Per the instructions given(above),this data satisfied all renewal requirements.No notification was
received from DEQ instructing that testing of a secondary species be conducted,until it was suggested in an email by Mr.
Coco in 2021 that we"should"begin secondary species testing,after the permit renewal had already been submitted in
2018. There was no explanation of why the recommendation was made.The facility is required to conduct quarterly
Chronic WET testing each quarter per the existing permit and have had no violations to date.
Valid Effluent Pollutant Scan data was submitted in the 2A application form.No communications were received from
DEQ on the matter of the Effluent Pollutant Scan data that was submitted in the permit renewal application. We ascertain
that the Effluent Pollutant Scan and Toxicity testing obligations required for the original pennit renewal,submitted
December 2018,were satisfied.
Upon receipt of the 2020 PAR, it was discovered that the sampling requirements stipulated in the original HWA-STMP
were not met within the required time frame. Quarterly HWA sampling initially had a scheduled completion

date of December,2020;with sampling to begin in the 4th quarter of 2019.An expedited Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)was developed in March of 2021 in collaboration between representatives of the Town of
Mocksville,Ms.Kristin Litzenberger,and Mr. Michael Montebello of the NPDES Municipal Permitting Unit,NCDEQ-
DWR,WSRO.The revised HWA-STMP utilized the sampling requirements set forth in the original STMP,to be
collected in the months of March,April,July,and October of 2021.The remaining components of the Pretreatment Annual
Report(PAR)were otherwise complete and submitted to the NPDES Municipal Permitting Unit on 3/5/2021.The HWA-
STMP March,April,and July sample sets were collected as required;however,the fmal sample set scheduled for October
was delayed until November 23,2021 due to staff absences related to COVID-19. Analytical results were not available
until December 14,2021,which impeded the ability to complete the annual report by its due date of November 30,2021.
The report was completed on January 10th,2022 and submitted to Ms.Litzenberger and Mr.Montebello that same day.
The Town of Mocksville has invested significant time and money in our endeavor to bring to a close the impacts of a
challenging few years and to improve facility compliance.We appreciate NC-DEQ's understanding by allowing us the
opportunity to revisit and resolve the matters outstanding. It is our request that our attention in these matters be taken into
account when proceeding with enforcement.
Sincerely,
Ken Gamble
Town of Mocksville
CC:
Todd Robinson,Envirolink
Joshua Powers,Envirolink

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 ) ADMINSTRATIVE HEARING AND
TOWN OF MOCKSVILLE ) STIPULATION OF FACTS
DUTCHMAN CREEK WWTP )
)
PERMIT NO. NC0021491 ) FILE NO. PC-2021-0055
Having been assessed civil penalties totaling $22,710.54 for violation(s) as set forth in the
assessment document of the Division of Water Resources,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 ZS.f day of _4•-gI.CQfr ,20 Z�-
/2319,v," 'D AME
z,
SIGNATURE
ADDRESS
Aelte7G`/ 'ic�4//
/71S. %•-c7r-�7z- S>
HLlccv7te f �Lf 27Y7�
TELEPHONE
3‘'--75-3- 6"7�

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2021-0055 County: Davie
Assessed Entity: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $22,710.54
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. 14313-282.1(b)were wrongfully applied
to the detriment of the petitioner(the assessment factors are listed in the civil penally assessment document);
❑ (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e.,explain
the steps that you look to correct the violation and prevent future occurrences);
• (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);
❑ (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 penally will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
The current permit being operated under was generated in 2014. The permit renewal application was due by December 31,
2018 and submitted on December 28, 2018. An acknowledgment letter affirming DEQ's receipt of the application was
issued January 2, 2019 and signed by Mr. Wren Thedford (Water Quality Permitting Section, NC-DEQ). In October of 2020
while conducting an internal review, representatives of the Town of Mocksville discovered that no correspondence on the
2018 Dutchman Creek WWTP permit renewal had been received from DEQ. In the 2A permit renewal form submitted in
2018, Chronic WET testing data completed in April, July, and October of 2018 was included. Per the instructions provided
in the 2018 application, this data satisfied all renewal requirements. Valid Effluent Pollutant Scan data was submitted in the
2A application form. No communications were received from DEQ on the matter. The expedited Effluent Pollutant Scan
testing schedule of April, August, and December of 2021 has been completed. The HWA-STMP March, April, and July
sample sets were collected as required. The final sample set scheduled for October was delayed until November 23, 2021
due to staff absences related to COVID-19. Analytical results were not available until December 14, 2021, which impeded
the ability to complete the annual report by its due date of November 30, 2021. The report was completed on January 10th,
2022 and submitted to Ms. Litzenberger and Mr. Montebello that same day.

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Mocksville—Dutchman Creek WWTP
County: Davie
Case Number: PC-2021-0055
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation;
The degree and extent of the harm of the violation cannot be determined as the absence of sampling and a
monitoring plan precludes us from knowing the extent of the scope and magnitude of the pollutant loading to
the receiving stream.
2) The duration and gravity of the violation;
The duration of the violation extended from 2015 to 2021.The gravity of the violation is unknown,as the
absence of appropriate sampling,the lack of implementation of a Division-approved monitoring plan,and an
improperly implemented pretreatment program prevent us from accurately quantifying the gravity of the
violation.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality cannot be determined due to the absence of required sampling and an improperly
implemented pretreatment program.
4) The cost of rectifying the damage;
Unknown—Since the effluent pollutant scans and whole effluent toxicity testing were not performed,it is
difficult to quantify the exact extent of the damage and therefore the cost to rectify it.This cost would
include the development and implementation of a Division-approved monitoring plan.
5) The amount of money saved by noncompliance;
The delayed cost associated with the effluent pollutant scans,whole effluent toxicity testing,Headworks
Analysis,and Division-approved monitoring plan.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was willful or intentional,however the facility has been grossly
negligent in resolving the known issues.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
Permittee has had multiple permit limit violations for BOD from 2017 to 2021,along with other limit and
monitoring violations.There are 13 other enforcement cases on record from 2002-2015.
•LM-2021-0049 for violations in May 2021:Cadmium,Monitoring;BOD,TSS,Ammonia,Limit—unpaid
•LV-2021-0246 for violations in Oct 2020:ROD—unpaid
• LV-2021.0169 for violations in Aug 2020:BOD,Fecal—unpaid
•LV-2021-0113 for violations in June 2020:ROD—paid
•LV-2021-0112 for violations in July 2020:BOD—paid

•LV-2020-0367 for violations in March 2020:BOD,TSS—paid
8) The cost to the State of the enforcement procedures.
$210.54
OeeuStpned by:
12/15/2021 Peupavt
tea, 000247a...
Date Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources,NC DEQ

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF DAVIE
IN THE MATTER OF ) CASE NO. PC-2021-0055
TOWN OF MOCKSVILLE )
DUTCHMAN CREEK WWTP ) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO. NC0021491 )
Acting pursuant to North Carolina General Statute(G.S.) 143-215.6A, I,John Hennessy,of the Division of
Water Resources(hereby known as DWR),make the following:
I. FINDING OF FACT
A. The Town of Mocksville is a person organized and existing under the laws of the State of North
Carolina.
B. On October 6,2014,the Town of Mocksville was issued NPDES Permit Number NC0021491
effective November 1,2014,for the operation and maintenance of a wastewater treatment plant
located at the Dutchman Creek WWTP,with the discharge of treated effluent into Dutchman
Creek,classified as C waters in the Yadkin Pee-Dee River Basin,in accordance with the
provisions of Article 21 of Chapter 143,General Statutes of North Carolina.
C. On February 26,2019,Deborah Gore of the Division of Water Resources(DWR)contacted the
pretreatment coordinator for the Town of Mocksville and informed them of the following:
• The Headworks Analysis(HWA)was originally due on September 30,2019.
• A subsequent demand was made by DWR that the HWA he submitted no later than
December 1,2020 in order to include discharge from a Significant Industrial User(SIU).
D. On February 26,2021,representatives of the Town contacted DWR and stated the following:
• They were not informed or aware of the pretreatment process.
• None of the Headworks Analysis(HWA)sampling required in their Short Term Monitoring
Plan(STMP)had occurred.
E. On March 11,2021,Michael Montebello and Kristin Litzenberger of DWR met with the
contractor with the Town to discuss the I1WA, including the data already gathered and the
sampling plan for 2021. DWR reviewed the proposed sampling plan for the missing data and
made another demand for the HWA to be submitted,with a deadline of November 30,2021.
F. On March 17,2021,Nick Coco of DWR requested the Town of Mocksville submit the
following items:
• Whole effluent toxicity testing on a second species
• Effluent scans for the years 2015,2016,and 2017
G. On March 23,2021,representatives of the Town contacted DWR, stating that they did not
believe a second species test has been completed.

H. On March 29,2021,representatives of the Town responded to Nick Coco of DWR,stating that
they contacted their lab and were unable to find any effluent pollutant scans for 2015,2016,and
2017.
1. On September 7,2021,DWR issued a Notice of Violation-Notice of Intent to Enforce(NOV-
202I-PC-0418)to the Town of Mocksville for multiple violations of NPDES Permit
NC0021491 and the permit renewal application.
J. On September 17,2021, DWR received a letter from the Town of Mocksville in response to the
Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),explaining the
following:
"A Division-approved revised sampling plan was executed by Mr.Nicholas Coco of
NCDEQ-DWR's NPDES Municipal Permitting Unit in April of 2021 to address a lapse
in the 2017 NPDES permit renewal process.The expedited plan requires that(3)
Effluent Pollutant Scans be taken in the months of April,August,and December of
2021;and that(4)Secondary Species tests be conducted with each upcoming routine
toxicity sampling event,as determined by Ms.Cindy Moore,Aquatic Toxicology
Branch,NCDEQ-DWR.A concurrent revised Headworks Short Term Monitoring Plan
was developed in March of 2021,in collaboration between Envirolink Staff,Ms. Kristin
Litzenberger,and Mr. Michael Montebello of the NPDES Municipal Permitting Unit,
NCDEQ-DWR,Winston-Salem Division.
The sampling requirements as part of the original Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)were not met within the required time fame.Quarterly
HWA sampling initially had a scheduled completion date of December 2020; with
sampling to begin in the 4th quarter of 2019.The former designated pretreatment
program coordinator was notified via email by Ms. Deborah Gore,NCDEQ-DWR,
PERCS Unit Supervisor on 2/26/2019 of the upcoming HWA sampling requirements.
The individual responsible for pretreatment program coordination and for the NPDES
permit renewal process left the company shortly after,and to the best of our knowledge,
no relevant parties were informed of the original short-term monitoring requirements as
presented by Ms.Gore;nor of the status of the permit renewal.This lapse in
communication resulted in the above monitoring delays.
The revised HWA-STMP stipulates that the sampling requirements established in the
original STMP are to be taken in the months of March,April,July,and October of
2021.Thus far,the expedited sampling plan has been adhered to as required.The final
sample set will be collected this upcoming October.The remaining components of the
Pretreatment Annual Report(PAR)are otherwise complete and were submitted to the
NPDES Municipal Permitting Unit on 3/5/2021.An effluent pollutant scan was
conducted on April 8,2021;however,due to inadvertent delays,the effluent pollutant
scan testing for August has been rescheduled.Arrangements have been made for the
second effluent pollutant scan to be collected during the week of September 20-24,
2021.The final test will be conducted in December of 2021.Secondary Species testing
is scheduled to begin the week of October 4'h."
K. On September 22,2021, DWR received an additional letter from the Town of Mocksvillc as a
revised response to the Notice of Violation-Notice of Intent to Enforce(NOV-202I-PC-0418),
explaining the following:
"The purpose of this memorandum is to inform the review of an amendment we have
made to the response letter submitted on September 17,2021.

The original response states that the Effluent Pollutant Scan testing required for the
• August 2021 period had not been met within the required time frame.According to an
update received on September 20,2021,an Effluent Pollutant Scan was completed on
August 25,2021."
L. On December 13,2021,the Division confirmed with the Municipal Permitting Unit that the
Headworks Analysis had still not been submitted.
M. NPDES PERMIT NO.NC0021491 contains the following permit conditions:
NPDES Permit NC0021491 Part I.Section A.(3.)Effluent Pollutant Scan
The Permittee shall pe►form a total of three(3)Effluent Pollutant Scans for all parameters listed
below.One scan must be performed in each of the following years: 2015,2016,and 2017.
Analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently
sensitive to determine whether parameters are present in concentrations greater than applicable
standards and criteria. Samples should be collected with one quarterly toxicity test each year,
and must represent seasonal variation[i.e.,do not sample in the same quarter every year].
Unless otherwise indicated,metals shall be analyzed as"total recoverable"...
NPDES Permit NC0021491 Part 1V,Section D.(3,)Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of
facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for
the development of specific pretreatment local limits. Effluent data from the Plan shall be
reported on the DMRs(as required by Parts 1LD and I:I.E.5.). [l5A NCAC 02H.0903(b)(16),
.0906(b)(3)and .0905]
NPDES Permit NC002,1491 Part IV.Section D.(4.)Headworks Analysis(HWA)and Local
Limits
The Permittee shall obtain Division approval of a HWA at least once every five years,and as
required by the Division.Within 180 days of the effective date of this permit(or any subsequent
permit modification)the Permittee shall submit to the Division a written technical evaluation of
the need to revise local limits(i.e.,an updated HWA or documentation of why one is not
needed)[40 CFR 122.44].The Permittee shall develop,in accordance with 40 CFR 403.5(c)
and I 5A NCAC 0211.0909,specific Local Limits to implement the prohibitions listed in 40
CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H
.0903(b)(10),.0905,and .0906(b)(4)]
•
N. 40 CFR 122.21(j)(5)(v)contains the following requirement:
(v)Applicants must conduct tests with multiple species(no less than two species;e.g.,fish,
invertebrate,plant),and test for acute or chronic toxicity,depending on the range of receiving
water dilution...
O. A DWR file review confirmed that the Town of Mocksville is not allowed as a condition of any
permit,special order,or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article to violate water quality standards applicable to an assigned
classification or to violate any effluent standard,limitations,permit conditions,or
rules/regulations established for any point source.
P. The cost to the State of the enforcement procedures in this matter totaled$210.54.

Based upon the above Findings of Fact,I make the following:
II. CONCLUSION OF LAW
A. The Town of Mocksville is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B.. The Dutchman Creek located at the site constitutes waters of the State within the meaning of
G.S. 143-212(6).
C. The Town of Mocksville was issued NPDES Permit No.NC0021491 in accordance with G.S.
143-215.1(a)for the operation and maintenance of a wastewater treatment plant and the
discharge of wastewater in compliance with permit limits and conditions.
D. The Town of Mocksville violated NPDES Permit NC0021491 Part I,Section A.(3.)by failing to
conduct the required effluent pollutant scans in 2015,2016 and 2017.
E. The Town of Mocksville violated 40 CFR 122.21(j)(5)(v)by failing to conduct the required
whole effluent toxicity testing on a second species.
F. The Town of Mocksville violated NPDES Permit NC0021491 Part IV,Section D.(3)by failing
to implement a Division-approved MonitoringPlan.
P PP
G. The Town of Mocksville violated NPDES Permit NC0021491 Part IV, Section D.(4.)by failing
to submit a Headworks Analysis for Division approval within the required timeframe.
H. The Town of Mocksville may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2),which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000)per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1,or who violates or fails to act in
accordance with the terms,conditions,or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
1. The State's enforcement cost in this matter may be assessed against the Town of Mocksville
pursuant to G.S. 143-215.3 (a)(9)and G.S. 143B-282.1(b)(8).
J. John Hennessy of the Division of Water Resources,pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, 1 make the following:
111. DECISION
Accordingly,the Town of Mocksville is hereby assessed a civil penalty of:
$ 7,500.00 for 3 of 3 violation(s)of NPDES Permit No.NC0021491 Part I,Section A. (3.)by
failing to conduct the required effluent pollutant scans in 2015,2016 and 2017.

$ 2.500.00 for 1 of 1 violation(s)of 40 CFR 122.21(j)(5Xv)by failing to conduct the required
whole effluent toxicity testing on a second species.
$ 10,000.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV,Section D.(3)by
toimplement a Division-approved MonitoringPlan.
failing pp
P
$ 2,500.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV,Section D.(4.)by
failing to submit a Headworks Analysis for Division approval within the required
timeframe.
$ 22,500.00 TOTAL CIVIL PENALTY,authorized by G.S. 143-215.6A
$ 210.54 Enforcement Cost
$ 22.710,54 TOTAL AMOUNT DUE
As required by G.S. I43-215.6A(c), in determining the amount of penalty,I considered the factors set out in
G.S. 14313-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
,--OocuBIgnedby:
12/15/2021 P61444
--acow satin
Date Jeff Poupart_
Water Quality Permitting Section Chief
Division of Water Resources