NC0066028_Remission Decision (LV-2022-0085)_20220622

ROY COOPER Atle,74
Governor
ELIZABETH BISER `
Secretary
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RICHARD E. ROGERS, JR. +ei;oi,,;,,;,i'
Director
NORTH CAROLINA
Environmental Quality
June 22,2022
CERTIFIED MAIL: 7019-1120-0001-4877-5638
Mack Powers,Mayor
c/o Sandra Roten
Town of Lansing
PO Box 266
Lansing,North Carolina 28643-0266
Subject: Partial Remission of Civil Penalties
Case Number LV-2022-0085
Lansing WWTP,WPCS Grade 2
Ashe County
Ms.Roten:
The Division of Water Resources(DWR or the Division)has considered your information submitted in support
of your request to remit civil penalties in the subject case totaling$705.07($600.00 civil penalty plus$105.07
enforcement costs). In accordance with NCGS 143-215.6A(f), DWR has decided to remit 50%of the initial
penalties,retaining enforcement costs(see attached Remissions Summary).
If you choose to pay the reduced penalties,the Town of Lansing(Lansing) should send payment to the address
provided below. Be sure to include the above case number on your check.Please make your check payable to
NCDEQ.
Your payment of$405.07 must be submitted within thirty(30)days of this letter in accordance with NCGS
§143-215.6A(f). If not received,your request for penalty remission(with its supporting documents),together
with DWR's recommendations will be delivered to the North Carolina Environmental Management
Commission's(EMC's) Committee on Civil Penalty Remissions(the Committee) for fmal agency decision.
OR
If you desire to make an oral presentation to the Committee on why your request for remission meets one or
more of the five statutory factors (see your original civil penalty assessment(CPA),you must complete and
return the enclosed form within thirty(30)days of receipt of this letter. Please mail your completed form to:
Wren Thedford/Bob Sledge
Permitting and Compliance
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and,if
he/she determines that there is a compelling reason to require an oral presentation by you,the Commission will
notify you by certified mail of the date,time,and place for your oral presentation. Otherwise,the final decision
on your request for remission will be made by the Committee based on the written record.

Thank you for your continued cooperation in this matter. If you have questions about this transmittal,please
contact me at[[e-mail]].
Sincerely,
Joe . Corpor ,P.G.
Co pliance a d Expedited Permitting Unit
Enclosed/attached:
• Requests for Oral Presentation form
• Civil Penalty Remission Review Summary—signed,Case Number LV-2022-0085
• Remission Factors form
ec: Enforcement File Case Number LV-2022-0085
Winston-Salem Regional Office(WSRO)
Lasediche

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON ) DEQ Case Number 'LV-2022-0085
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Lansing,Lansing WWTP )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert
that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a committee
meeting held in Raleigh,North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request,and because no factual issues are in dispute,my presentation will be limited to five
(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial.You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If
you or your representative would like to speak before the Committee,you must complete and return this
form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects
how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion
2006-1 and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the
Committee,then you do not need legal representation before the Committee;however,if you intend on having another
individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must
also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney.Presentation of facts by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request
form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for
corporations,partnerships,and municipalities,signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of ,20
SIGNATURE Printed with TITLE(President,Owner,etc.)
( )
ADDRESS TELEPHONE

DocuSign Envelope ID:B329E07F-2D26-4690-95BC-7F5F135D3B6B
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature
Case Number: LV-2022-0085 Region: Winston-Salem County: Ashe
Assessed Entity: Town of Lansing Permit: NC0066028
Facility: Lansing WWTP
X (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee Asserts:The degree and extent of harm to the natural resources of the state and to public
health was negligible and there was no impact on any private property.
DWR Response:Effluent discharged in exceedance of permit limits is assumed to have impacts on
surface water quality.The degree of harm is unknown but considered moderate.The gravity of the
violation is moderately significant.The Permittee provides no justification for this assertion.
X (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Asserts: "As soon as it was discovered that the discharge was not in compliance,the Town
took steps to determine the cause,and to return the plant to compliant operation.The plant was
reseeded with healthy sludge [four(4)times during 2021] on 26Jul, 11 Aug,29Sep and 08Dec."
"The total cost was$1,350.00.The plant has recovered from the insult event with the [BOD-5]monthly
average for December[2021] of 28.9 mg/L and the readings for January and February 2022 were
compliant.A possible cause was determined,and corrective action was taken to prevent future insults to
the plant."
DWR Response:Although the Permittee has not adequately explained the"probable cause"of upset
events,nor were they forthcoming in communications with the Regional Office,they have performed
due diligence in restoring disrupted plant operations.For this reason,WSRO recommends 50%
remission(see page 2).
X (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts The violations were inadvertent and were not something we could prepare for.
DWR Response:WSRO believes that the violation was neither willful nor intentional.
X (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee Asserts:The Town of Lansing has not been assessed civil penalties for previous violations.
DWR Response:Not accurate.While generally compliant,the Town of Lansing received Notices of
Violation(NOVs)for limit exceedances in November 2020 when notices addressed limits exceeded
Weekly Averages for BOD,5-day,(21Nov,28Nov,and 39Nov);and in December 2021 for
exceeding the Monthly Average(see attached compliance history).
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Not asserted
NOTE:Blue X indicates a remission factor chosen by the Permittee. Remission of this penalty
considers Factors(a),(b)(c)and(d).
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DocuSign Envelope ID:B329E07F-2D26-4690-95BC-7F5F135D3B6B
Total Enforcement: $600.00 plus$105.07 costs=$705.07
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? - No❑
Partial Remission X
Original Penalty(without Enforcement Costs) $600.00
Remit 50%or --$300.00
Subtotal $300.00
Retaining Enforcement Costs +$105.07
Total Penalty $405.07
DocuSigned by:
6/3/2022
8328844CE9EB4A1...
for Richard E.Rogers,Jr. Date
CPA Summary
DWR hereby makes the following Civil Penalty Assessment(CPA)against Town of Lansing:
$200.00 1 of 1 violations of G.S. 143-215. 1(a)(6)and Permit No.NC0066028,by discharging
wastewater into the waters of the State in violation of the Permit Monthly Average for
BOD,5-Day(20 Deg.C)-Concentration
$200.00 1 of 1 violations of G.S. 143-215. 1(a)(6)and Permit No.NC0066028,by discharging
wastewater into the waters of the State in violation of the Permit Monthly Geometric Mean
for Coliform,Fecal MF,MFC Broth,44.5 C
$0.00 0 of 2 violations of G.S. 143-215.1(a)(6)and Permit No.NC0066028,by discharging
wastewater into the waters of the State in violation of the Permit Weekly Average for BOD,
5-Day(20 Deg. C)Concentration
$200.00 2 of 2 violations of G.S. 143-215.1(a)(6)and Permit No.NC0066028,by discharging
wastewater into the waters of the State in violation of the Permit Weekly Geometric Mean
for Coliform,Fecal MF,MFC Broth,44. 5 C
$600.00 TOTAL CIVIL PENALTY
$105.07 Enforcement Costs
$705.07 TOTAL AMOUNT DUE
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