NC0021865_Remission Request_20180503

ROY COOPER
Governor
MICHAEL S REGAN
Secretary
S. JAY ZIMMERMAN
Director
Water Resources
ENVIRONMENTAL QUALITY
May 3,2018
CERTIFIED MAIL 7002 0860 0006 5836 1189
RETURN RECEIPT REQUESTED
Patricia E. Garrell SUBJECT: REMISSION REQUEST
Town of Chadboum CIVIL PENALTY ASSESSMENT
602 North Brown Street Town of Chadboum WWTP
Chadboum,NC,28431 Onslow County
PERMIT NO: NC0021865
CASE NO.:DV-2018-0006
Dear Permittee:
I have considered the information submitted m support of your request for remission in accordance with
G.S. 143-215.6A(f)and have decided to modify the initial civil penalty assessment of$1387.75
($1,250.00 civil penalty plus$137.75 enforcement)to the total amount of$762.75($625.00 civil penalty
plus $137.75 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead
address within thirty(30)days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which
is comprised of members of the Environmental Management Commission. The Committee may consider
such requests and render fmal and binding decisions in these matters. You may argue your request before
the Committee, and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address
within thirty(30)days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice,Division staff will automatically place your case on the agenda
of a future Committee meeting.
If you have any questions,please call Anjali Orlando at 919-807-6393. Thank you for your cooperation in
this matter.
cerely,
S. Jay Zimmerman,P.G.,Director
Division of Water Resources,NCDEQ
State of North Camlma Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 707 9000

Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#:DV-2018-0006
Morella Sanchez-King,Wilmington Regional Office Supervisor
Central Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2018-0006 Region: Wilmington County: Onslow
Assessed Entity: Town of Chadbourn WWTP Permit: NC0021865
0 (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
D WR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:An excessive rainfall event combined with mechanical issues was the primary cause
of the spill on 08/17/17. The mechanical issue was failure of Variable Frequency Drive(VFD)units
that control the three(3)filter feed pumps. An emergency call was placed to Charles R.Underwood,
Inc.who dispatched an electrician to get the pumps back in service. At the time of the call,repairs
were recommended to replace the filter pump and mfluent VFD,which the Town of Chadbourn then
agreed to have done. The work to replace the VFDs was completed and paid for in August 2017. The
emergency call work cost$1050.83 and the replacement costs were$10,122.27.Also, corrective
measures were taken to fill and patch cracks in Aeration Basin#1 that were noted previously on a
bypass report.
DWR Response: Dean Hunkele stated on March 5, 1018: They are in the middle of an upgrade which
includes replacement of their tertiary traveling bridge filter,convert both aeration basins from dual
floating aerators to diffused bottom aeration,and repair clarifier#2. At the time of this incident,the
filter was offline with them bypassing to the emergency pond&chlorination system and so was
clarifier#2. They are known to have I&I issues m their collection system.
They have an intermediate pump station following their clarifiers that pump wastewater into their
filter or in this case the ponds. The heavy rainfall event with its I&I and the above caused the flow to
back up and hydraulically overload the only operating clarifier being fed from two basins which
overflowed,which in turn caused the level to rise in the aeration basins. The oldest aeration basm
had cracks m the concrete wall up high where it is normally dry and it leaked out. These are the two
areas they bypassed partially treated wastewater from.
The penalty was$250 for the spill and$1000 for failure to maintain the 3 pumps. I would be okay
with remission of up to 50%.
0 (c) Whether the violation was inadvertent or a'result of an accident:
Permittee States:
DWR Response:
0 (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 0 No❑
4 ,
Partial Remission,] $ kr®C) (Enter Amount
c
?-, '
.-- -- ..5-/g i
.Jay Zimmerman ate

NC0021865 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Onslow DWQ Case Number DV-2018-0006
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Chadbourn WWTP )
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 m 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 Opimon 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 opportumty 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.)
ADDRESS
TELEPHONE( )