NC0021865_LV-2018-0291 Remission Decision_20190213

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ROY COOPER
;,,p SiA€ r i Governor
J# MICHAEL S. REGAN
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trF- Secretary
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�fLINDA CULPEPPER
r '- - e. Director
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NORTH CAROLINA
Environmental Quality
February 13, 2019
CERTIFIED MAIL ITEM
7003 2260 0005 5380 8689
RETURN RECEIPT REQUESTED
Ms.Patricia E. Garrell
Interim Town Manager
Town of Chadbourn
602 North Brown Street
Chadbourn,NC, 28431
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Chadbourn WWTP
Permit NC0021865
Case No. LV-2018-0291
Columbus County
Dear Ms. Garrell:
I have considered the information submitted in support of your request for remission in the subject cases. In
accordance with NCGS 143-215.6A(f),I have found no cause to remit the original civil penalty assessment of
' $387.75.
If you choose to pay the penalty, send payment to the letterhead address within thirty(30)days of receipt of this
letter. Please make the check payable to NC DEQ.
If payment is not received within thirty(30) days of receipt of this letter,in accordance with NCGS § 143-215.6A
(f),your request for remission of the civil penalty(with supporting documents)and my recommendation to deny
the request will be delivered to the North Carolina Environmental Management Commission's(EMC)Committee
on Civil Penalty Remissions(Committee)for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets one or more
of the five statutory factors you were asked to address,you must complete and return the attached form within
thirty(30) days of receipt of this letter. Please mail the completed form to:
Ms.Anjali Orlando
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman
and, if it is determined that there is a compelling reason to require an oral presentation from you,you will be
notified by certified mail of the date,time,and place that your oral presentation can be made. Otherwise,the final
decision on your request for remission will be made by the Committee based on the written record.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,NC 27699-1617
919 807 6300 919-807-6389 FAX
http://portal.ncdenr.org/web/wq

Thank you for your cooperation in this matter. If you have any questions about this letter,please contact Ms.
Orlando at(919)707-3622 or anjali.orlandoaa ncdenr.gov.
Sincerely,
l
Linda Culpepper
Director, Division of Water Resources
cc: Enforcement File
Central Files
ec: WiRO/Morella Sanchez-King

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Columbus DWQ Case Number LV-2018-0291
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Chadbourn )
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-2018-0291 Region: Wilmington County: Columbus
Assessed Entity: Chadbourn Permit: NC0021865
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States:states there was a major staff change in early July,the plant operator left,and the daily
operations staff was in flux. Also,the plant just went through a major upgrade including diffused air in
both aeration basins,and they have found that when there is an interruption in aeration,the solids are
not recoverable due to inadequate mixing below the diffuser.
DWR Response:
The assessed violation (July 2018 DMR)is from the first week of the month but a carryover
problem from June. The facility has operational problems that need to be resolved. The lack of
proper personnel to address operational problems(start up, design issues, etc.) does not justify
non-compliance.
❑ (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:
WiRO does not recommend remission.
DECISION(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes 0 No❑
Partial Remission❑ $ (Enter Amount) •
/in,27
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/ mda Culpepper D e