NC0021881_TX-2019-0026_20191107

-7"°STATE `m ,,.
ti
ROY COOPER 's SI a-= r�i
Governor IJTi
MICHAEL S.REGAN Q 1 a i
Secretary `,,O"" w`Pi
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
November 07, 2019
CERTIFIED MAIL 7015 0640 0007 9833 6797
RETURN RECEIPT REQUESTED
Gordon Hargrove, Manager SUBJECT: REMISSION REQUEST
Town of Lake Waccamaw CIVIL PENALTY ASSESSMENT
P.O. Box 145. Lake Waccamaw WWTP
Lake Waccamaw, NC 28450-0145 Columbus County
PERMIT NO: NC0021881
CASE NO.: TX-2019-0026 '
Dear Permittee:
I have considered the information submitted in 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$2,066.34 ($2,000.00 civil penalty plus $66.34 enforcement) to the total
amount of$1,066.34 ($1,000 civil penalty plus $66.34 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.
If you have any questions, please contact Emily DelDuco at 919-707-9125 or
[e-mail]. Thank you for your cooperation in this matter.
f� � North Carolina Department of Environmental Quality I Division of Water Resources
[JJ� 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
Nonni CAROUNA
aO� /'� 919.707.9000

Sincerely,
enti, ,tadiar,--
Linda Culpepper, Director
Qd Division of Water Resources, NCDEQ
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: Enforcement File#:TX-2019-0026
ec: Morella King, Regional Office Supervisor
Cindy Moore,Aquatic Toxicology Branch
Central Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: TX-2018-0026 Region: Wilmington County: Columbus
Assessed Entity: Lake Waccamaw WWTP Permit: NC0021881
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Pernrittee States:
DWR Response:
• (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Pernrittee States:The clarifier malfunctioned and was taken out of service in December 2018. Parts
were located and the clarifier was back online in January 2019.
DWR Response:The first violation occurred prior to the Town acknowledging its awareness there
were issues with the clarifier. When the facility discovered there were issues with its clarifier,they
retained a contractor to inspect and repair the clarifier. Due to the age of the facility, it took
approximately one month for this work to be completed; then,the facility needed time to achieve
balance and begin functioning properly after the reseeding of the aeration basin. Details of this action
are in the cover letter from the Town of Lake Waccamaw. pf
• (c) Whether the violation was inadvertent or a result of an accident:
Pernrittee States:There was a major malfunction of the clarifier. Flow was diverted to polishing pond
where it was dewatered by a contractor. Disinfection was impossible to regulate.
DlVR Response:The major malfunction of the clarifier was not intentional and likely due to the age
of the facility/equipment
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Pernrittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Pernrittee States:
DIJ'R Response:

DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes 0 No 0
Original Penalty(without Enforcement Costs) $ 27000 (enter amount)
Partial Remission 0 % sC' or $ /j 0 00 (amount remitted)
Subtotal $ /0OO,DO
Retaining Enforcement Costs $ ' 66. 3 y
Total Revised Assessment $ I�8e6,3y
//7//
L' Culpepper Date
,P. ,
I
1
i
E
i

NC0021881 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF COLUMBUS DWQ Case Number TX-2019-0026
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF LAKE WACCAMAW )
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 ( )