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HomeMy WebLinkAboutNC0086924_LV-2019-0202_20200211 ROY COOPER >' p .., Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Direclo Y " `, NORTH CAROLINA Environmental real Quality February 11, 2020 CERTIFIED MAIL 7018 1830 0001 8036 9377 RETURN RECEIPT REQUESTED Mr.David L. Clegg Tyrell County P.O.Box 449 Columbia,NC 27925-0449 SUBJECT: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Reverse Osmosis WTP Tyrrell County PERMIT NO.: NC0086924 CASE NO.: LV-2019-0202 Dear Mr. Clegg, 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 remit the entire civil penalty in the amount of$250.00 (Division is retaining enforcement cost of$70.00), and hereby close the above case. Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from taking future enforcement actions against the subject facility should additional violations occur. If you have any questions,please call Emily Phillips at 919-707-3621. Thank you for your cooperation in this matter. Sincerely, for S.Daniel Smith Director,Division of Water Resources Q North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-3600 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2019-0202 Region: Washington County: Tyrrell Assessed Entity: Tyrrell County Permit: NC0086924 Reverse Osmosis WTP /. (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: ® (c) Whether the violation was inadvertent or a result of an accident: ❑ (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: Permittee States: Tyrrell County—Reverse Osmosis WTP is asking for full remission from the $320.00 civil penalty. They say this short-lived event was already addressed at the EMC, and occurred partially as result of a change in EPA regulation. The effect on ground water was minimal and unintentional, and thought to have been addressed through the draft permit. The County contacted DEQ at the time of the violation,trying to abate the issue. D WR Response: This office recommends full remittance of the penalty. Permittee has requested the copper limit be waived with a compliance schedule in the modified permit. • DECISION(Check One) Request Denied El Full Remission Retain Enforcement Costs? Yes 14 No El Partial Remission El $ (Enter Amount) C71:4911/ Spaniel Smith,Director Date