NC0064726_Remission Decision (LM-2022-0048)_20240212

DocuSign Envelope ID: 7A6CO2CA-5DBF-46A2-gECB-DA40CB5D27D5
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
2/8/2024
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 Permit NCO064726
East Bend Industrial Park WWTP
Yadkin County
Case Number LM-2022-0048
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 $575.00 of the $1,237.50 total
penalty assessment. The revised amount due is $662.50, which includes $112.50 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 $662.50.
If you decide to pay the revised penalty, please make your check in the amount of $662.50 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
N'
You may decide to have the Environmental Management Commission's (FMC'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 FMC's Committee on Civil Penalty Remissions for a final agency decision.
E Q�� North Carolina Department of Environmental Quality I Division of Wat*r Resources
_ 512 North Salisbury Street 1 1617 Mail Servke Center I Raleigh. North Carolina 27699-1617
TM �+n\ 919.707.9000

DocuSign Envelope ID: 7A6CO2CA-5DBF-46A2-9ECB-DA40CB5D27D5
East Bend Industrial Park W WTP
Case LM-2022-0048 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,
[Doe S1gned by:
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C464531437644FE
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: 7A6CO2CA-5DBF-46A2-9ECB-DA40CB5D27D5
East Bend Industrial Park WWTP
Case LM-2022-0048 DWR Remission Decision
p. 2
STATE OF NORTH CAROLINA
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Town of East Bend
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number LM-2022-0048
REQUEST FOR ORAL PRESENTATION
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 reauestand 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
SIGNATURE
day of 20
MAILING ADDRESS
eMail TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: 7A6CO2CA-5DBF-46A2-9ECB-DA40CB5D27D5
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2022-0048 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: Fecal problem was (in my opinion) caused by faulty UV.1 ordered parts end of
July. Since the violations we have been in compliance (monthly). All parts installed and working. For
the monitoring violations, a sample was taken for the week of 6/26-7/2 on 6/28/2022. However,
somehow I managed to omit June DMR. Without that, it was not readily available to regional office. I
apologize for confusion. Hopefully we can work it out to receive a reduction in monitoring violations.
I do not contest fecals. It was an obvious violation. I would like for you to consider that we spent
approximately $9,280.00 upgrading UV.
DWR Response: WSRO recognizes that the non -submittal of the eDMR was corrected. The sampling
did take place, as results were ultimately received. Permittee states not contesting fecal violations.
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permdiee States: Fecal problem was (in my opinion) caused by faulty UV. I ordered parts end of
July. Since the violations we have been in compliance (monthly). All parts installed and working. For
the monitoring violations, a sample was taken for the week of 6/26-7/2 on 6/28/2022. However,
somehow I managed to omit June DMR. Without that, it was not readily available to regional office. I
apologize for confusion. Hopefully we can work it out to receive a reduction in monitoring violations.
I do not contest fecals. It was an obvious violation. I would like for you to consider that we spent
approximately $9,280.00 upgrading UV.
DWR Response: WSRO recognizes that the non -submittal of the eDMR was corrected. The sampling
did take place, as results were ultimately received. Permittee states not contesting fecal violations.
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $1,125.00
Partial Remission $575.00
Subtotal $550.00
Retaining Enforcement Costs $112.50
Total Revised Assessment $662.50
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