NC0046345_Remission (Request)_TX-2024-0003_20240410

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
ROY COOPER
covemor
ELIZABETH S. BISER
Seartary
RICHARD E. ROGERS, JR.
Direaor
NORTH CAROLINA
Environmental Quality
March 21, 2024
CERTIFIED MAIL: 7014 0150 00014024 4483
RETURN RECEIPT REQUESTED
Laserfiche
RECEIVED
A R 10 2024
Summer Woodard, City Manager
City of Reidsville NCDEQ/DWP/NPDES
230 W Morehead St
Reidsville, NC 27320
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143 -215. 1 (a)(6)
NPDES Permit No. NCO046345/002
Reidsville WTP
Case No. TX-2024-0003
Rockingham County
Dear Permittee:
This letter transmits a Civil Penalty assessment against Reidsville WTP
in the amount of $2.069.48 $2 000 civil penalty + $69.48 enforcement costs).
This assessment is based upon the following facts: A review of the facility's toxicity self -monitoring data
from the months of July 2023 through September 2023 has been conducted. 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. NC0046345/002. The facility's toxicity self -monitoring reports revealed the
following effluent toxicity permit limit violations:
July 18, 2023 FAIL (7-day P/F) non -compliant
August 22, 2023 58.1 % (Cer7dChV) non -compliant
September 26, 2023 > 100% (Cer7dChV) compliant
Based upon the above fact(s), I conclude as a matter of law that Reidsville WTP violated the terms,
conditions, or requirements of NPDES Permit No. NCO046345 and N.C.G.S 143-215. 1 (a)(6) in the
manner and extent shown above.
A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may be
assessed against a person who violates the terms, conditions or requirements of a permit required by
N.C.G.S. 143-215.1(a).
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, Chris Johnson, Environmental Program Manager, hereby make the following civil penalty
assessment against Reidsville WTP:
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
D 4401 Reedy Creek Road i 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
CAP0 919.743.8400
V

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
$ 1000 For 1 of 2 violation(s) of G.S. 143-215.1(a)(6) and NPDES
Permit No. NC0046345/002, by discharging waste into the
waters of the State in violation of the facility's permit
effluent limit for chronic toxicity for July 18, 2023.
$ 1000 For 2 of 2 violation(s) of G.S. 143-215.1(a)(6) and NPDES
Permit No. NC0046345/002, by discharging waste into the
waters of the State in violation of the facility's permit
effluent limit for chronic toxicity for August 22, 2023.
$ 69.48 CDS Enforcement costs.
$ 2,069.48 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. I (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 thir 30 da s recei t of this noticeyou must do one of the followin :
Submit payment of the penalty:
Payment should be made directly to the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose 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
Raleigh, North Carolina 27699-1617
OR
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
D North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
919.743.8400

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
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) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were
wrongfully applied to the detriment of the petitioner;
(2) the violator promptly abated continuing environmental damage resulting from the
violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) 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 "Request for Remission of
Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within
thiM (30) days of receipt of this notice The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
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
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
D E 4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
r Rye o..� /✓ 919.743.8400

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
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 questions regarding the
filing fee and/or the details of the filing_ process.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. William Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 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.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment, please
contact Molly Nicholson at 919-743-8424 or Cindy Moore at 919-743-8422.
DoeuSigned by:
3/18/2024 ��Wvto J6�np9t�
Date Chris Johnson, Environmental Program Manager
Division of Water Resources, NCDEQ
ATTACHMENTS: Remissions Form, Waiver
CC: Blake Slaughter (via email: [e-mail])
Boyd Hawley (via email: [e-mail])
NCDEQ Winston-Salem Regional Office
ATB Enforcement File & Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
6�EMM.wO M EmlrewnwW OwMr�
919.743.8400

DocuSign Envelope ID: F8F71476-DF5A-4425-B54E-2F2286584D44
IUSTIFICATION FOR REMISSION REQUEST
Case Number: TX-2024-0003 County: Rockingham
Assessed Party: Reidsville WTP
Permit No. (if applicable): NCO046345 Amount Assessed: $ 2,069.48
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 o
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 applies. 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 14313282 1fb)
were wrongfully pplied 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 preventyou from
performing the activities necessary to achieve compliance).
EXPLANATION:
DEQ North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh. North Carolina 27699-1621
oM..�F � nu\ /✓ 919.743.8400

DocuSign Envelope ID: F8F71476-DF5A-4425-854E-2F2286584D44
STATE OF NORTH CAROLINA
COUNTY OF ROCKINGHAM
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Reidsville WTP
NPDES PERMIT NO. NCO046345
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
CASE NO. TX-2024-0003
Having been assessed civil penalties totaling $2,069.48 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Resources dated March 21, 2024, the undersigned,
desiring to seek remission of the civil penalties, 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 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 _'V` 1 day of \ 20
TELEPHONE
D E Q North Carolina Department ofEnvirotnnental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh, North Carolina 27699-1621
:w...n. e�aa.� /✓ 919.743.8400

TO: Director of the Division of Water Resources, NCDEQ
FROM: Blake Slaughter, Water Treatment Plant Superintendent, City of Reidsville
DATE: April 1, 2024
SUBJECT: Civil Penalty Violation Case No. TX-2024-0003 Remission Request
On March 21, 2024 the North Carolina Department of Environmental Quality
issued the City of Reidsville Water Treatment Plant (WTP) permit number: NC0046345
a Civil Penalty, Case No. TX-2024-0003.
The City of Reidsville WTP would like to submit a remission request under factor
(2). As factor (2) states: "the violator promptly abated continuing environmental damage
resulting from the violation." Below you will find a list of events and strategies that the
City of Reidsville WTP took on to try to prevent further toxicity failures.
• October 2021 — An aeration unit was added to the lagoons to help aid
in dissolved oxygen. Cost was about $5,000.00
• October 2022 — New Superintendent W. Blake Slaughter starts at
WTP.
• November 2022 — New Superintendent and Chief Operator see that
sludge levels in lagoons are too high. WTP staff starts sludge removal
process in house using polymer in the drying bed nearby that drains
into the lagoons.
• December 2022 — Toxicity was taken and results came back as "Fail".
Make it noted the new WTP Superintendent realized this was
Page 1 of 4

supposed to be taken in October 2022 and contacted the state. Cindy
Moore with the state advised us of the multi -dilution requirements and
advised us that we could take our Quarter 1 Pass/Fail Toxicity in
March 2023.
• December 2022 — It was also decided after talking with Cindy Moore
that the polymer used in the sludge removal process could have been
to blame for the "Fail" on the toxicity results. Polymer was immediately
stopped being fed in the process.
• December 2022 — The new WTP Superintendent also concluded that
dichlorination chemicals were not needed on a regular basis, as were
thought prior.
• January 2023 — Multi -Dilution Toxicity was completed, results came in
at 94.9%.
• February 2023 — Multi -dilution toxicity was completed, results came in
at > 100%.
• March 2023 — Pass/Fail toxicity was completed and results came back
as "Fail".
• April 2023 — Sluice gates and a common pipe valve were installed to
allow for water to be directed to either lagoon and isolate lagoons for
sludge removal processes. This was a cost of about $10,000.00.
• April 2023 — in house sludge removal process continues now that it is
easier to control water flow.
• April 2023 — Multi -dilution toxicity was completed, results came in at
>100%.
• April 2023 — Sluice gates in the Lagoons were set to create greater
detention time. Additionally, the aeration unit was in continual
operation.
Page 2 of 4

• May 2023 — Pass/Fail toxicity was completed and results came back
as "Fail".
• May 2023 — Multi -dilution toxicity was completed, results came in at
82.2%.
• June 2023 — Multi -dilution toxicity was completed, results came in at
31.8%.
• June 2023 — It was decided that results have been inconsistent and
another lab will be compared to current lab taking results. After this
comparison it was decided to stop using Meritech Labs.
• July 2023 — Pass/Fail toxicity was completed and results came back as
"Fail".
• July 2023 — Multi -dilution toxicity was completed, results came in at
77.9%.
• August 2023 — Multi -dilution toxicity was completed, results came in at
58.1 %.
• August 2023 — Professional sludge removal on both lagoons was
started by Synagro. This is also a new company as we have had
issues with our prior professional sludge removal company in the past.
• September 2023 — Professional sludge removal on both lagoons
completed. They removed a total of 1.3 million gallons of sludge at a
cost of $122,000.00.
• September 2023 — Multi -dilution toxicity was completed, results came
in at >100%.
• October 2023 — Pass/Fail toxicity was completed and results came
back as "Fail".
• November 2023 — Started install on new sedimentation mud valves.
This limits the amount of times we have to drain an entire basin.
Preventing overloading on the lagoons. Valves cost $11,650.00.
• November 2023 — Multi -dilution toxicity was completed, results came in
at >100%.
• December 2023 — Multi -dilution toxicity was completed, results came in
at 100%.
Page 3 of 4

January 2024 - Pass/Fail toxicity was completed and results came
back as "Pass".
As listed above the City of Reidsville WTP has spent many man hours trying to
correct the toxicity issue, $122,000.00 in professional sludge removal, $26,650.00 in
parts, and at least $13,000 in toxicity testing.
We believe that with our last two mutil-dilution tests being 100% or greater and
our last "Pass/Fail" test being a "Pass" that we have finally fixed the issue and are
moving forward. We have budgeted for more money for continual professional sludge
removal to keep the lagoons in the best shape possible.
At the City of Reidsville WTP, we take the biological integrity of our local
discharge streams and the health of the surrounding environment very seriously. We
will continue to do our due diligence to keep our toxicity results as low as possible. We
have already planned to hire engineers if we are unable to maintain passing toxicity
results.
If you have any questions or concerns please reach out to myself, Blake
Slaughter, Water Treatment Plant Superintendent for the City of Reidsville. I can be
reached via email at bslaughter reidsvillenc.gov or by phone at 336-932-4799.
Sincerely,
Blake Slaughter
Water Treatment Plant Superintendent
City of Reidsville
Page 4 of 4