NC0026042_Case LV-2022-0036_20220217

ROBERSONVILLE
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February 17, 2022
Robert Tankard, Assistant Regional Supervisor
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 2769g-1617
Re: Town of Robersonville WWTP
NC0026042
CASE # LV-2022-0036
Mr. Tankard,
RECEIVED
FEB 2 4 2022
iC
Central Oft
The Town of Robersonville appreciates the opportunity to respond to the above -mentioned assessment of penalties.
The Town of Robersonville does not dispute that the following violation occurred however we submit that the cause
was beyond the Towns control and immediate corrective actions are being initiated by the Town to resolve the issue.
As the state is aware the Town of Robersonville receives flow from their industry leader Flagstone Foods, Inc. In the
past few months there has been considerable amounts of fats and oils flowing into the Robersonville plant. The waste
from Flagstone continues to add to some of the operational challenges at the Robersonville WWTP with parameter
issues such as copper exceedances. A main issue is the grease that's building up in the treatment plant process and
needs to be removed. The cost to clean out one part of the plant process has been estimated at approximately $40,000.
A plan was implemented to start DAF Training February 8, 2022, however due to issues with Flagstone's operations
there were exceedingly large amounts of grease and oils in the system that hindered the training. The WWTP
operators, as well as the Public Works Director were a part of this training.
Quarterly meetings with Flagstone staff are being scheduled. The next scheduled meeting is slated for February 2022
however a definitive date has not been set.
The Town has also implemented an additional surcharge of $10,000 as well as increasing the surcharges originally
implemented to Flagstone Foods, Inc. for the discharge issues.
We understand the reasons for the assessment of penalties but respectfully request remission of said penalties. As
noted, the Town has expended significant effort and funds to resolve the issues at the WWTP and with Flagstone
Foods, Inc. This civil penalty would further strain our financial resources, and we hope the Division will take this into
consideration. In light of the Towns limited resources, it is in the best interest to allow for resources to be invested in
the system rather than payment of civil penalties. Accordingly, the town respectfully requests that the civil penalties
are entirely waived.
109 South Main Street
PO Box 487
Robersonville, NC 27817
252-508-0311

ROBERSONVILLE
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Thank you for your consideration of this Request for Remission. Please feel free to contact either Rebecca Manning
at 984-365-9155 or myself at 252-508-0320 with questions or additional details.
Sincerely,
James P. Duncan
Town Manager
cc: Michael Myers, Envirolink, Inc.
James Pittman, Envirolink, Inc.
Mr. Robbie Bullock, NCDEQ
109 South Main Street
PO Box 487
Robersonville, NC 27817
252-508-0311
I

JUSTIFICATION FOR REMLSSION REQUEST
Case Number: LV-2022-0036
Assessed Party: Town of Robersonville
Permit No.: NC0026042
County: Martin
Amount Assessed: S850.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts' form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation (Le., explain the
steps that you took to correct the violation and prevent future occurrences);
X (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle or
something you could not prevent or prepare for);
X (d) the violator had not been ascPssed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
As the state is aware the Town of Robersonville receives flow from their industry leader Flagstone Foods, Inc.
In the past few months there has been considerable amounts of fats and oils flowing into the Robersonville
plant. The waste from Flagstone continues to add to some of the operational challenges at the Robersonville
WWTP.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MARTIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Robersonville
Robersonville WWTP
PERMIT NO. NC0026042
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. IN-2022-0036
Having been assessed civil penalties totaling $850,00 for violation(s) as set fuith in the assessment document of the Division
of Water Resources dated January 3 1.2022. the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated math and does stipulate that the Bets 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 16th day of February , 2022
SIGNATURE
ADDRESS
P.O. Box 487
Robersonville, NC 27871
TELEPHONE
[phone]