NC0064726_Remission Decision (LV-2023-0158)_20240207

DocuSign Envelope ID: B2BC273E-AC6C-4E91-94CF-3793CFD39E54
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ROY COOPER
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Governor
ELIZABETH S. BISER -
Secretary tip ' a2
RICHARD E. ROGERS, JR. *`$`Qtmm
Director NORTH CAROLINA
Environmental Quality
2/7/2024
CERTIFIED MAIL 7019 1120 0001 4877 6147
RETURN RECEIPT REQUESTED
Mr. James W. Dunn Sr, Mayor
Town of East Bend
108 West Main Street
East Bend,NC 27018
Subject: Remission Request of Civil Penalty Assessment
NPDES WW Permit NCO064726
East Bend Industrial Park WWTP
Yadkin County
Case Number LV-2023-0158
Dear Mr. Dunn:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f) and remitted$260.00 of the $468.98 total penalty
assessment. The revised amount due is $208.98, which includes $143.98 in investigative costs. A copy
of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the revised penalty of$208.98.
If you decide to pay the revised penalty, please make your check in the amount of$208.98 payable to
the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of
your receipt of this letter to the attention of:
Wren Thedford
NC DEQ-DWR-NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the EMC's Committee on Civil Penalty Remissions for a final agency decision.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919,707.9000

DocuSign Envelope ID:B2BC273E-AC6C-4E91-94CF-3793CFD39E54
East Bend Industrial Park WWTP
Case LV-2023-0158 DWR Remission Decision
p. 2
You have the option of presenting your request in person to the EMC's Committee on Civil Penalty
Remissions. 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 receipt of this letter. Send the completed form to:
Caroline Robinson
NC DEQ-DWR-NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested, the Committee's decision regarding
your remission request will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the Committee may choose to
uphold the original penalty amount and offer no remission,it may agree with the Division of
Water Resources' remission recommendation detailed above, or the penalty amount may be
further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Caroline
Robinson at 919-707-9130, or via e-mail at [e-mail].
Sincerely,
DocuSigned by, Al•h'e.''`
C464531431644FE...
Michael Montebello, Branch Chief
NPDES Permitting
Division of Water Resources
Attachments: EMC Oral Presentation Request form, DWR Remission Decision Summary
ec: Laserfiche Files

DocuSign Envelope ID:B2BC273E-AC6C-4E91-94CF-3793CFD39E54
East Bend Industrial Park WWTP
Case LV-2023-0158 DWR Remission Decision
p. 2
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF YADKIN DWQ Case Number LV-2023-0158
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of East Bend
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.nebar.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 TITLE(President, Owner,etc.)
MAILING ADDRESS
entail TELEPHONE( )

DocuSign Envelope ID: B2BC273E-AC6C-4E91-94CF-3793CFD39E54
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0158 Region: Winston-Salem County: Yadkin
Assessed Entity: East Bend Industrial Park WWTP Permit: NCO064726
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:The Town's WWTP is very small, so that the harm and damage from the violation
(if any)was also too small;this violation was accidental or inadvertent;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.
DWR Response:WSRO knows that the Town has attempted to correct the problem.
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: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
violation have been undertaken,with particular attention to the property operation of the UV light
system. The operator in charge in January 2023 has been terminated and a new operator contracted
for. All equipment has been inspected and property calibrated in 2023. The Town has increased
oversight of plant operations including monthly reporting. Maintenance and repairs deferred by the
previous operator have been completed by the Town and the new operator. The Town believes that
the WWTP is operating well and safely at present.
DWR Response:WSRO knows that the Town has attempted to correct the problem.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:The violation was inadvertent or the result of an accident.
DWR Response:WSRO concurs that this violation was inadvertent and could be an issue with the
design of the WWTP.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:Although the Town has received notices of violations in 2022 and 2023,to the best
of its knowledge,these are the first civil penalties assessed.
DWR Response:This is incorrect. There have been several civil penalties assessed for fecal coliform
violations in 2022, including LM-2023-0014, LM-2022-0048, LV-2023-0075, and LV-2023-0076.
® (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: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.
DWR Response:WSRO knows that the Town has attempted to correct the problem.

DocuSign Envelope ID: B2BC273E-AC6C-4E91-94CF-3793CFD39E54
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty(without Enforcement Costs) $325.00
Partial Remission ❑x 80%or$260.00
Subtotal $65.00
Retaining Enforcement Costs $143.98
Total Revised Assessment $208.98
DocuSigned by:
r UVhbWh 2/7/2024
C4645314316 44FE...
Michael Montebello Date