NC0064726_Remission Request (LV-2023-0305)_20240205

EXPLANATION IN SUPPORT OF REQUEST FOR REMISSION OF CIVIL PENALTY
RECEIVED
Town of East Bend
NPDES WW Permit No.NC 0064726 FEB 0 5
East Bend Industrial Park WWTP 2024
Case No. LV 2023-0305
Yadkin Co. NCDEQ/DWR/NPDES
This statement is submitted in support of the request by the Town of East Bend(the
"Town") to remit the civil penalty in the amount of$1,656.48 assessed against the Town for a
violation of the terms of the above permit which occurred in July 2023.
1) Whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was
wrongfully applied to determine the detriment of the petitioner(Town);
With respect to this factor,please consider the following: (a)the Town's WWTP is very
small, so that the harm and damage from the violation(if any)was also small; (b)this
violation was accidental or inadvertent; (c) no money was saved through this violation.
The Town is truly committed to safe and compliant operation of the WWTP and during
2023 has spent money and made changes to the operation of the plant.
2) Whether the violator promptly abated continuing environmental damage resulting from
the violation;
It is unknown to the Town whether there was in fact any environmental damage as a
result of the violation of the permit standards in July 2023.As stated,the Town has taken
prompt action to improve plant operations and ensure compliance with the permit during
2023.All necessary repairs and maintenance to avoid a repeat of violation have been
undertaken,with particular attention to the proper operation of the UV light system.
3) Whether the violation was inadvertent or a result of an accident;
The violation was inadvertent or the result of an accident;
4) Whether the violator has been assessed civil penalties for previous penalties;or
Although the Town has received notices of violations in 2022 and 2023, to the best of its
knowledge, the Town has only been assessed a civil penalty on one other occasion.
5) Whether payments of the civil penalty will prevent payment for the remaining necessary
remedial actions.
First,the Town is committed to safe operation of the WWTP. Payment of the civil penalty
will not interfere with the Town's actions to remedy any existing problems with the
WWTP. It should be noted,however, that the Town is very small,and any expense, such
as these penalties,is significant.

•
Second, the Town has taken a number of remedial actions to ensure operation of the WWTP in
accordance with permit standards.
a. The prior operator of the WWTP was terminated and a new operator began oversight and
management in May 2023.
b. The new operators and managers immediately corrected all relevant issues upon learning
of said issues.
c. All equipment has been inspected and properly calibrated in 2023.
d. The Town has increased oversight of plant operations including monthly reporting to the
Mayor and Council.
Lastly,the Town is working diligently in seeking grants and other means to obtain funds to
construct a new WWTP,which would largely eliminate the issues for which the civil penalties
have been issued.
For these reasons,the Town respectfully requests that the civil penalty be remitted.
•
•

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0305 County: Yadkin
Assessed Party: Town_of East Bend
Permit No.: NC0064726 Amount Assessed: $1,656.48
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 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);
k (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);
y (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 fir);
�( (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:

STA I h OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of East Bend )
East Bend Industrial Park WWTP )
)
PERMIT NO.NC0064726 ) CASE NO. LV-2023-0305
Having been assessed civil penalties totaling$1,656.48 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 17,2024,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 a day of eV • _ 20 a*4
RECEIVED
FEB 0 5 2024
S. NATURE
NCDEQ/DWR/NPDES ADDRESS
—To k..),,) of EAST VC,UO
toe u). ,ATKi 5T.'
E AST .Bpia, OC. 2 O i 8
TELEPHONE
(3310) (094 — 8 5Coo