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Home My WebLink AboutNC0035866_LV-2018-0082_20180608 (2) ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Water Resources Interim Director ENVIRONMENTAL QUALITY June 8, 2018 CERTIFIED MAIL 7016 2140 0000 4371 1353 RETURN RECEIPT REQUESTED Renee E. Paschal, County Manager Chatham County P.O. Box 1809 Pittsboro,NC 27312-1809 SUBJECT: CIVIL PENALTY REMISSION REQUEST Bynum WWTP Permit NC0035866 Case LV-2018-0082 Chatham County Dear Permittee: The Division has considered the information submitted in support of your request for remission in accordance with G:S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of $137.78 ($100.00 civil penalty plus $37.78 enforcement)to the total amount of$37.78 ($0.00 civil penalty plus $37.78 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 final 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. State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1617 919 707 9000 NC0035866 Remission Decision Thank you for your cooperation in this matter. If you have any questions,please contact Brianna Young at 919-807-6333 or brianna.young@ncdenr.gov. Sincerely, ..4„:,.., ,-v Linda Culpepper Interim Director,Division of Water Resources Attachment: DWR Civil Assessment Remission Factor Sheet(copy) &Request for Oral Presentation Sheet cc: Enforcement File#: LV-2018-0082 Raleigh Regional Office Central Files NC0035866 Remission Decision STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Chatham DWQ Case Number LV-2018-0082 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Chatham County ) 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.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 day of , 20 . SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE ( ) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2018-0082 Region: Raleigh County: Chatham Assessed Entity: Chatham County—Bynum WWTP Permit:NC0035866 O (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: • (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee States:A new bucket of chlorine tablets was opened and the bad batch was stopped being used,and the Fecal Coliform sampling results have been<1#1100mL since disposing of the bad batch.As a precaution,Clark's Septic Service was hired to pump out the basins and the Aerobic Digester and the plant was reseeded with healthy microorganisms from the Town of Siler City's WWTP. Sampling staff were re-trained staff on proper sampling procedures to minimize the risk of outside contamination during the acquisition of the effluent samples. DWR Response:The Division did not receive a response to the NOV-NOI and the DMR was marked as compliant,with no comments addressing the limit exceedance.There have been no enforcements in the last 5 years. ® (c) Whether the violation was inadvertent or a result of an accident: Permittee States:A new bucket of chlorine tablets was opened and being used prior to the two non- compliance sample dates.The county determined it could be a bad batch of the chlorine tablets.The tablets were dissolving at a very slow rate. A new bucket of chlorine tablets was opened and the bad batch was stopped being used, and the Fecal Coliform sampling results have been<1#/l 00mL since disposing of the bad batch. DWR Response:The Division did not receive a response to the NOV-NOI and the DMR was marked as compliant, with no comments addressing limit exceedance.There have been no enforcements in the last 5 years. O (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❑ Partial Remission 0 $ (Enter Amoun _`�� 7 /'in f. Culpepper / ate