NC0020443_PC-2019-0058_20200211

ROY.COOPER
Governort 5-
MICHAEL S. REGAN .a �
1M'
Secretm7- h"
S. DANIEL SMITH ,,
Director .^ ta try. ti
NORTH CAROLINA
Environmental.Quality
February 11,2020
CERTIFIED MAIL,70181830 0001 8036 9384
RETURN RECEIPT REQUESTED
Mr.Rhett B.White,Manager..
Town of Columbia
103 Main Street,P.O.Box 36.1
Columbia,NC 27925-0361
SUBJECT: CIVIL,PENALTY REMISSION REQUEST
Town of Coumbia WWTP
Permit No.: NC0020443
Case No.: PC-2019-0058
Tyrrell County
Dear Mr.White:
The Division has considered the information submitted in support of your request for remission in the subject
cases. In accordance with NCGS 143-215.6A(f),the Division has found no cause to remit the original civil
penalty assessment of$2,600.00.
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 foal agency.decision.
If you desire to makean 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.Emily Phillips
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
EQ*
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-3600

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.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Emily Phillips at(919)707-3621 or [e-mail].
Sincerely,
for S.Daniel Smith
Director,Division of Water Resources
cc: Enforcement File
WaRO

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2019-0058 Region: Washington County: Tyrrell
Assessed Entity: Town of Columbia Permit: NC0020443
(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: Town of Columbia WWTP is asking for full remission from the$2,600.00 civil
penalty. The Town says they did everything necessary and:as quickly as possible during Hurricane
Dorian,which was how they received these penalties. They could not have done anything additional
to prevent the failing generator. They have paid the clean-up bill,which has now caused the Town's
water/sewer budget to be strained(in addition to other factors).
DWR Response: The Town of Columbia was issued an assessment for not reporting an
estimated 198,000 gallon spill. The spill was found the day after Hurricane Dorian by DWR
staff. When staff called and talked with the ORC about any issues,the ORC stated that there
were no issues at the plant from Dorian. When staff arrived at the plant,sludge was
everywhere. After further investigation,the ORC had not been operating the plant in order to
manage solids. The ORC is scheduled to appear in front of the Certification Board on February
7. During the show cause hearing,the ORC stated that he ran the plant from his truck and
directed staff on what to do. Staff had not been trained on proper operation of the wwtp.
This office recommends no remittance.
DECISION(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes0 No 0
Partial Remission❑ $ (Enter Amount)
ALHI /�Daniel Smith, Directot Date