NC0048577_Justification for Remission Request_20180725

•
- DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator: Robeson County Water Department
Facility Name: Maxton WTP IVE®/®E.N�®�R
Permit Number: NC0048577 ����
JUL 2,5 201
County: Robeson
Case Number: LV-2018-0155 Nater Res Section
permitting
ASSESSMENT FACTORS
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;No lasting harm to the natural resources of the State,to the public health, or any
damage to private property was reported due to this violation.
2) The duration and gravity of the violation; This facility has one daily TSS exceedance associated with this assessment.
3) The effect on ground or surface water quantity or quality or on air quality;No observed effect on surface water
quantity or quality has been documented from this violation.
4) The cost of rectifying the damage; At this time a cost cannot be determined.
5) The amount of money saved by noncompliance; It is not apparent that any money was saved from this non-compliance
event.
6) Whether the violation was committed willfully or intentionally; It is the opinion of the FRO that this violation was not
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; This facility has had no prior assessments within
the past 12 months.
8) The cost to the State of the enforcement procedures.
$128.28
7/0//j
Date Mark Brantley,Asst. gional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
• Division of Water Resources,NCDEQ

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
Water Resources LLNDA CU.LPEPPER
ENVIACraMENTAL QUALITY .Interim Director
Certified Mail#7015 0640 0007 8168 9640
Return Receipt Requested
July 17, 2018
Myron Neville
Robeson County Water Department
265 McGirt Rd
Maxton,NC 28364
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0048577
Robeson County Water Department
Maxton WTP
Case No. LV-2018-0155
Robeson County
Dear Permittee:
This letter transmits allotice of Violation and assessment of civil penalty in the amount of$303.28 ($175.00 civil penalty
+$128.28 enforcement costs)against Robeson County Water Department.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Robeson County Water Department for the month of July 2017. 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.
NC0048577. The violations,which occurred in July 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Robeson County Water Department violated the terms,
conditions or requirements of NPDES WW Permit No.NC0048577 and G.S. 143-215.1(a)(6)in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by 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, J.Trent
Allen, Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against
Robeson County Water Department:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street,Suite 714,Fayetteville,NC 28301-5043
910-433-3300

Option 2i 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 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) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether 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 thirty(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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0155 County: Robeson
Assessed Party: Robeson County Water Department
Permit No.: NC0048577 Amount Assessed: $303.28
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 of 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 apply. 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. 143B-282.1(b)were wrongfully applied 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 prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

' ' ATTACHMENT A
Robeson County Water Department
CASE NUMBER: LV-2018-0155
PERMIT: NC0048577 REGION: Fayetteville
FACILITY: Maxton WTP COUNTY: Robeson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
7/18/2017 7-2017 Solids,Total 2 X month mg/I 45 56 2 24.9 Daily $175 00
Suspended- Maximum
Concentration Exceeded
7/31/2017 7-2017 Solids,Total 2 X month mg/I 30 30 35 1 2 Monthly $0.00
Suspended- Average
Concentration Exceeded

NPDES PERMIT NO.:NC0048577 PERMIT VERSION:4.i 7.--...,3 ^:1=IV FP PERMIT STATUS:Active
FACILI'l'sf NAME:Maxton WTP CLASS:PC-1 COUNTY:Robeson
OWNER NAME:Robeson County Water Department ORC:Gary D Davenport J U L 11 2017 ORC CERT NUMBER:27347
(c)
GRADE:PC-1 ORC HAS CHANGED:Nrn N r R .LFilr7
eDMR PERIOD:07-2017(July 2017) VERSION:1.0 D W R SECTION STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
50050 00400 50060 C0530 00600 00665 01042 00951 01045
H _B r'a
-' F i O
Continuous 2 X month 2 X month X month Quarterly Quarterly Quarterly Monthly Quarterly
E !� P H I
c5' 4 m o° s Recorder Grab Grab Grab Grab Grab Grab Grab Grabe 2 8 8 cI
o U' F' O O O Z FLOW pH CHLORINE TSS-Cone TOTALN- TOTAL P-Cont COPPER F-TOTAL IRON
2400 clock Hn 2400 clock Hcs Y/B/N mgd su ug/I mg/I mg/1 mg/I mg/I mg/1 ug/1
1 0025 "
2 0
3 800 .25 y 0
4 0
5 0 -
6 0
7 0
8 0
9 0
10 800 25 y 0 0
11 0 7.2 41 - - 0.9
12 0
13 0 4.5 '_ -0.6 <0.04 <0.01 1.94
14 0.156 _,i -`
15 0.265
16 0.119 -
17 800 .25 y 0.146 , _ '
18 0.2 7.4 23 56.2-
19 0205 1
20 0.147
21 0.243
Z2 0.177 ;-.,-i,'_ .
230.1 ,
.-
24 800 .25 y 0.129 1%
25 0.076 1' t
26 0 -
27 0
28 0 _
29 0
30 0 -
31 0
`j 1
r Monthly Avenge Limit 30
Monthly Average: 0.064129 32 30.35 06 0 0 09 194
Daily Maximum: 0.265 7.4 41 56.2 06 0 0 09 1.94
Day Minimum: 0 7.2 23 4.5 0 6 0 0 0.9 1.94
""'No Reporting Reason.ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation—Adverse Weather,NOFLOW=No Flow; HOLIDAY=No Visitation—Holiday
c' Ls',.ita9VtU
DEC)I DW
AUG f; ,'`,
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r n,vr--"--r�\Iii . ,- .--,rl',I2 r,1=t=1r^rr
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