NC0007552_Remission Request (LV-2023-0047)_20230309

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John Hennessy
Supervisor
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
March 06, 2023
Re: Notice of Violation and Assessment of Civil Penalty
For Violations of North Carolina General Statute (G.S.) 143-215.1 (a)(6)
And NPDES WW Permit No. NC0007552
Town of Edenton
Freemason WTP
Case No. LV-2023-0047
Dear Mr. Hennessy,
Please accept this letter and the included attachment(s) as a written request for remission for Case No. LV-
2023-0047. The Town of Edenton first received notice in August of 2022 regarding the exceeded limit for
Chlorides from the Beaver Hill WTP (NC0086291) Since this time the WTP ORC (Roy Alons) & Town
Manager (Corey Gooden) have worked towards developing a corrective action plan for the effluent chloride
exceedance but have exhausted all internal options. We have also reached out for guidance from the
Washington regional office since this time BUT do not see a logical option to meet the 230 mg/1 limit within
our water system. We also shared this same sentiment with the NPDES division before the limit came in to
effect on the Towns permit for August 1" 2018 and continue receive no input or advice.
Since the I" notice in August of 2022, the Town of Edenton sampled all water sources (on 11/09/2022) within
the water system ranging from each of the four (4) raw water well sites, both water treatment plants, and the
open water discharge points. These results are included in Attachment 1 — Environment I Chloride sample
results, for a total of three (3) pages. Of the Town's four (4) well sites, two (2) were over the 230 mg/1 limit and
the remaining two (2) wells were at 60-72% of the limit. For the WTP site, one was over the limit and one was
70% of the limit. Lastly, when looking at the discharge points upstream and downstream, the open water bodies
are more that 550 to 750% of the limit. Often times the limit appears to be the lowest number in the group,
which creates quite a challenge for us.
Printed on Recycled Paper
P.O. BOX 300, Edenton N.C. 27932 - [phone]
[phone] - FAX

The ,Town of Edenton was recently awarded funding for two (2) additional well sites and an interconnect
between the two (2) raw water tanks at each plant location. The goal of the project is to improve the raw water
quality of the Town's well site and to use any raw well at either plant. The implementation of these new wells
would greatly increase the water chemistry and quality of our aging system. We know that until that time, we
will likely and often not meet the limit.
In the Interim, The Town of Edenton would like to request that we (1) be considered for a reduced or removed
penalty and, (2) be considered for a permit variance for this often -unreachable limit. We will also continue to
collect additional chloride samples for Filberts creek and Edenton bay. We have also requested for Oral
Presentation to the Environmental Management Commission for this abundance of unobtainable violations and
will continue to do so with each new NOV that is not remised.
Sin • ely.
C f Ilan Gooden
own Manager
Cc: Julie Grzyb, Deputy Director of DEQ Division of Water Resources
Robert Tankard, Assistant Supervisor, Division of Water Resources, DEQ
Sarah Toppen - Environmental Specialist II, Division of Water Resources, DEQ
Robbie Bullock - Environmental Specialist II WWTP Consultant, Division of Water Resources, DEQ
David Meyers, Edenton PW Director
Roy Alons, Edenton WTP Supervisor

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ROY COOPER
camnar
EUZABETH S. BISER
serrwwy
RICHAW E. ROGM, JR.
NORTH CAROLINA
Dimaa.
Environmental Quality
Certified Mail # 70210350 0000 44201092
Return Receipt Requested
February 13, 2023
Corey Gooden
Town of Edenton
PO Box 300
Edenton, NC 27932-0300
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NC0007552
Town of Edenton
Freemason WTP
Case No. LV-2023-0047
Chowan County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $843.00 ($700.00 civil penalty
+ $143.00 enforcement costs) against Town of Edenton.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Edenton for the month of October 2022. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0007552.
The violations, which occurred in October 2022, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Edenton violated the terms, conditions or
requirements of NPDES WW Permit No. NC0007552 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of permit required by G.S. 143-215.1(a).
Nonb Cum4w a.,urlme.0 MF.mlmnmminl N.a�'�Y a+wm of N'ul�racs'ou�m
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Robert
Tankard, Assistant Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment
against Town of Edenton:
2 00.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0007552, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Chloride as Cl
5 00.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0007552, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Chloride (as Cl)
7 00.00 TOTAL CIVIL PENALTY
143.00 Enforcement Costs
843.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at 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 violation;
(2) The duration and gravity of the violation;
(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 violation was 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.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center RECEIVELJ
Raleigh, North Carolina 27699-1617
MAR 0 9 2023
NCDEQ/DWRINPDES

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Renuest for Remission of Civil Penalties.
Waiver of Rip-ht to an Administrative Hearing and Stipulation of Facts" form within thirty 00l days of receipt of this
notice. The Division of Water Resources also requests that you com lete and submit the enclosed "Justification for
Remission Recauest."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all guestions revarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Robbie Bullock with the Division of Water Resources staff of the Washington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Re" T"."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

JUSTIFICATION FOR REMISSION RE UEST
Case Number: LV-2023-0047
Assessed Party: Town of Edenton
Permit No.: NC0007552
County: Chowan
Amount Assessed: $843.00
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. 14313-282.1(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHOWAN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Edenton )
Freemason WTP )
PERMIT NO. NC0007552 ) CASE NO. LV-2023-0047
Having been assessed civil penalties totaling $943.00 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 13, 2023, 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 6q
day of - Are `1
SIGNATURE
ADDRESS
TELEPHONE
r
C 3`2 3c
7q 3 2-
2023

PERMIT: NC0007652
FACILITY: Freemason WTP
LIMIT VIOLATION($)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report
Date Month/Yr Parameter
10/5/2022 10-2022 Chloride (as Cl)
10/31/2022 10-2022 Chloride (as Cl)
ATTACHMENT A
Town of Edenton
CASE NUMBER: LV-2023-0047
REGION: Washington
COUNTY: Chowan
Unit of
Limit
Calculated % Over
Violation
Frequency Measure
Value
Value Limit
Type
Monthly mg/I
230
545 137.0
Daily
Monthly mg/1 230 545 137.0
Maximum
Exceeded
Monthly
Average
Exceeded
Penalty
Amount
$200.00
$500.00

EMT D.4T@mn@mq To hOWPOTOW
114 OAKMONT DRIVE
GREENVILLE, N.C. 27858
TOWN OF EDENTON
MR. ANTHONY JORDAN
PUBLIC WORKS DEPARTMENT
P.O. BOX 300
EDENTON, NC 27932
PARAMETERS
Chloride, mg/l
xaztawatas LPt i4
PHONE [phone]
FAX [phone]
ID#: 58 Z
DATE COLLECTED: 11/09/22
DATE REPORTED : 11/16/22
REVIEWED BY:
Sample Sample Sample Sample Sample Analysis Method
#1 #2 #3 #4 #5 Date Analyst Code
291 406 139 167 1730 11/14/22 JDJ 4500CLB-11
MAR 0 9 2023
NCDEQ/DWR/NPDES

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