NC0021491_Compliance (Remission denial)_20220221

ROY COOPER
Governor
ELIZABETH BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Qet0IUUy
February 21, 2022
CERTIFIED MAIL: 9590 9402 3951 8060 0170 48
William J Marklin, III, Mayor
Town of Mocksville
c/o Ken Gamble
171 S Clement Street
Mocksville North Carolina 27504
Subject: Request for Remission Denied
Civil Penalties for Case Number LM-2021-0049
For Dutchman Creek WWTP
NPDES Permit NC0021491
Davie County
Mr. Gamble:
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division
of Water Resources (the Division) has reviewed your request to remit civil penalties in the
subject case. The Director finds no reason to remit penalties (see attached).
Your outstanding balance of $3,477.18 reflects no remission of original penalties [$3,375.00
civil penalty plus $102.18 enforcement costs]. This amount is now due and payable. Two
options are available to you:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality (DEQ). Send payment, within thirty (30) calendar days of receiving this
letter, to the attention of:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2) You may request the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions (the Committee) to make the final decision on your remission
request considering your additional oral input, as may be warranted.
GDE
North Carolina Department of Environmental Quality I Division of Water Resources
N Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617 -- 919.707.3616

Town of Mocksville, Dutchman Creek WWTP
c/o Ken Gamble
If payment is not submitted within 30 calendar days of your receiving this letter, your current
request for remission and this letter of denial will be delivered to the Committee for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and
return the attached Request for Oral Presentation form within thirty (30) calendar days of
receiving this letter. Send completed form to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your
request for an oral presentation. If, in his/her judgment, the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you
should appear. If your presentation is not required, the final decision will be based upon the
written record.
Please be advised that the EMC's Committee will make its remission decision based on the
original assessment amount. Therefore, the Committee may choose to uphold the original penalty
and offer no remission, they may agree with the DWR Director's remission recommendation
detailed above, or the penalty amount may be further remitted.
Thank you for your continued cooperation in this matter. If you have questions, please contact
me [[e-mail]].
Sincerely,
Joe Corporo , P.G.,
Co ►'pliance a R: d Expe s ited Permitting
Attachments: Director's Decision; Summary of Civil Penalty Remission Factors
Request for Oral Presentation form;
Attachment: Form - Request for Oral Presentation
ec: WSRO Jenny Graznak, Lon Snider, Supervisor SWPS
NPDES Enforcement File LV-2020-0265
Laserfiche

DocuSign Envelope ID: 18F791 C2-2E8A-4D11-ADFA-204C93069313
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS — Summary and Signature Page
Case Number: LM-2021-0049 Region: Winston-Salem County: Davie
Assessed Entity: Town of Mocksville WWTP Permit: NC0021491
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Not asserted.
X ❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Asserted.
X ❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts [paraphrased — see Permittee's Request for Remission]:
The Town Mocksville has been focused on a capital upgrade project for its Dutchman Creek WWTP.
Improvements include replacement of secondary clarifiers and pumping systems to improve the
facility's solids handling, and to expand its clarifier capacity. During the month of May 2021, system
renovations were in their final stages, but were not complete.
The old clarifiers were undersized and subject to frequent "washouts" resulting in BOD and TSS
violations. May 2021 was a particularly difficult month as new facilities replaced the old. The new
clarifiers were connected and placed into service on May 26, late in the month. Unfortunately, the
new system start-up occurred after the violations.
Plant performance since May 2021 has been good [performance graphs provided]. The only exception
is a BOD exceedance (weekly and monthly maximums) attributed to a single monitoring event on
July 20. The missing Total Cadmium sample is attributed to an oversite by a new operator in training.
DWR Response:
The extent of impact to groundwater, surface water, and/or air quantity is yet undetermined. However,
the nature and magnitude of repeated violations over this previous year have a potential to impact
natural resources [see below - XL violations list]. WSRO acknowledges that the month of May2021
was problematic for the permittee. However, the Permittee marked their eDMR "compliant" and
provided no additional comments. Based on this serious inaccuracy and their poor compliance history
in months prior, WSRO recommends DWR deny remission of LV-2021-0049 penalties.
After review and discussions [WSRO / Central Office], DWR hereby denies remission of civil
penalties.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
Not asserted
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Not asserted
NOTE: Red X indicates a remission factor chosen by the Permittee. Remission of this penalty is
based on Factors (b) and (c).

DocuSign Envelope ID: 18F791 C2-2E8A-4D11-ADFA-204C93069313
Total Enforcement: $3,375.00 plus $102.18 costs = $3,477.18
DECISION (Check One)
Request Denied X
Full Remission El Retain Enforcement Costs?
Partial Remission ❑
No❑
Original Penalty (without Enforcement Costs) $3,375.00
Remit O% or $0.00
Retaining Enforcement Costs +$102.18
Total Penalty
DocuSigned by:
.4,,ii,„c_
8328B44CE9EB4A1...
for S. Daniel Smith
Attachment: NC0021491 Permit Violations Mar2020-May2021
$3,477.18
2/18/2022
Date
AutoSave • or-0 E.4
21491 M ocksville - Monitoring Report Violations Export Feb2020-May202La Is - Compat... -
Corparon, Joe
❑ X
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II E I F II K L I N 1 0 I P I a I R 1
FACILITY MONTH YEAR VIOL DATE UNITS LIMIT VALUE % OVER VIOL TYPE
Dutchman Creek WWTP 5 2021 , Ammonia Total (as N)- 05/31/2021 mg/I 2.0 6 218 Monthly Average Proceed to Enforcement garyhudson
Dutchman Creek W1A P 5 2021 Solids, Total Suspended - 05/31/2021 mg/I 30.0 53 76 Monthly Average Proceed to Enforcement garyhudson
Dutchman Creek WVV P 5 2021 BOD, 5-Day [20 Deg_ CE- 05/31/2021 rng/I 5.0 10 106 Monthly Average Proceed to Enforcement garyhudson
Dutchman Creek WVVP 5 2021 , Ammonia Total [as N) - 05/29/2021 rng/I 6.0 11 87 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek W/V P 5 2021 Solids, Total Suspended - 05/29/2021 rng/I 45.0 133 197 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 5 2021 BOD, 5-Day (20 Deg. C)- 05/29/2021 mg/I 7.5 10 27 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 5 2021 , Ammonia Total (as N)- 05/22/2021 mg/I 6.0 7 16 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 5 2021 Solids, Total Suspended - 05/22/2021 mg/I 45.0 56 24 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 5 2021 BOD, 5-Day (20 Deg. C)- 05/22/2021 mg/I 7.5 16 115 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 5 2021 , Ammonia Total (as N)- 05/15.12021 mg/I 6.0 7 9 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 5 2021 DOD, 5-Day (20 Deg. C) - 05/08/2021 mg/I 7.5 8 11 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 5 2021 DOD, 5-Day (20 Deg. C)- 05/01/2021 mg/I 7.5 15 99 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 10 2020 DOD, 5-Day (20 Deg_ C)- 10/03/2020 _ mg/I 7.5 13 69 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 9 2020 DOD, 5-Day (20 Deg_ C)- 09/30/2020 mg/I 5.0 6 27 Monthly Average Proceed to NOV garyhudson
Dutchman Creek W1A P 9 2020 BOD, 5-Day (20 Deg. C)- 09126I2020 mg/I 7.5 9 22 Weekly Average Proceed to NOV garyhudson
Dutchman Creek WVV P 8 2020 BOD, 5-Day (20 Deg. C)- 08/31/2020 mg/I 5.0 9 90 Monthly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 8 2020 BOD, 5-Day (20 Deg. C)- 08/15/2020 rng/I 7.5 10 38 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 8 2020 BOD, 5-Day (20 Deg. C)- 08/08/2020 rng/I 7.5 16 113 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 8 2020 Coliform, Fecal 08/08/2020 #l100ml 400.0 675 69 Geometric Mean Proceed to Enforcement garyhudson
Dutchman Creek WWTP 8 2020 BOD, 5-Day (20 Deg. C) - 08/01/2020 mg/I 7.5 10 30 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 7 2020 BOD, 5-Day (20 Deg. C) - 07/31/2020 rng/I 5.0 8 59 Monthly Average Proceed to Enforcement ron.boone
Dutchman Creek WWTP 7 2020 BOD, 5-Day (20 Deg. C) - 07/18.12020 mg/I 7.5 9 18 Weekly Average Proceed to Enforcement ron.boone
Dutchman Creek WWTP 7 2020 DOD, 5-Day (20 Deg. C) - 07/11/2020 mg/I 7.5 8 10 Weekly Average Proceed to Enforcement ron.boone
Dutchman Creek WWTP 7 2020 DOD, 5-Day (20 Deg. C) - 07/04/2020 mg/I 7.5 8 11 Weekly Average Proceed to Enforcement ron.boone
Dutchman Creek WWTP 6 2020 DOD, 5-Day (20 Deg. C)- 06/30l2020 mg/I 5.0 9 75 Monthly Average Proceed to Enforcement ron.boone
Dutchman Creek WWTP 6 2020 DOD, 5-Day (20 Deg. C)- 06127/2020 mg/I 7.5 8 9 Weekly Average Proceed to Enforcement ron_hoe ne
Dutchman Creek WWTP 6 2020 BOD, 5-Day (20 Deg. C)- 06/20/2020 mg/I 7.5 16 118 Weekly Average Proceed to Enforcement ron_boo ne
Dutchman Creek WVV P 5 2020 BOD, 5-Day (20 Deg. C)- 05/31/2020 mg/I 5.0 7 42 Monthly Average Proceed to NOV ron_hoone
Dutchman Creek WVVP 5 2020 BOD, 5-Day (20 Deg. C)- 05/23/2020 mg/I 7.5 14 89 Weekly Average Proceed to NOV ron_hoone
Dutchman Creek W/V P 5 2020 BOD, 5-Day (20 Deg. C)- 05/0212020 mg/I 7.5 9 20 Weekly Average Proceed to NOV ron.boone
Dutchman Creek WWTP 4 2020 BOD, 5-Day (20 Deg. C)- 04/30/2020 rng/I 5.0 5 9 Monthly Average Proceed to NOD garyhudson
Dutchman Creek WWTP 3 2020 BOD, 5-Day (20 Deg. C)- 03/31/2020 mg/I 10.0 41 309 Monthly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 3 2020 Solids, Total Suspended - 03/31/2020 mg/I 30.0 52 75 Monthly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 3 2020 BOD, 5-Day (20 Deg. C)- 03/28/2020 mg/I 15.0 16 9 Weekly Average Proceed to Enforcement gary.huds on
Dutchman Creek WWTP 3 2020 Solids, Total Suspended - 03/1442020 mg/I 45.0 187 315 Weekly Average Proceed to Enforcement garyhudson
Dutchman Creek WWTP 3 2020 DOD, 5-Day (20 Deg. C) - 03/14/2020 mg/I 15.0 148 884 Weekly Average Proceed to Enforcement gary.huds on
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