NC0045276_LV-2020-0002_20200309

I
ROY COOPER
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Governor
\
MICHAEL S.REGAN \ ,_n
Secretary +� M,�>:=
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 09, 2020
CERTIFIED MAIL#7019 1120 0000 5072 7817
RETURN RECEIPT REQUESTED
Mr. Kern Harmon
Brunswick County Schools/Board of Education
35 Referendum Drive
1 Bolivia,NC 28422
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Waccamaw Elementary School WWTP
Permit NC0054276
Case LV-2020-0002
Brunswick County
Dear Mr. Harmon:
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$391.00.
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 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:
Emily DelDuco
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
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699 1617
NORTH CARO!INA -
t a� W Weft 919.707.9000

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 DelDuco at [phone] or [e-mail].
Sincerely,
j,.1,w.,3 Lae__
S. Daniel Smith
Director, Division of Water Resources
Attachments: Civil Assessment Remission Factor sheet(copy)
Request for Oral Presentation sheet
ec: Enforcement File
Wilmington Regional Office
Page 2 of 2

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0002 Region: WiRO County: Brunswick
Assessed Entity: Waccamaw Elementary School WWTP Permit: NC0045276
❑ (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: To help bring the plant back into compliance,permittee began to increase the
frequency of dosing Mag Hydroxide to the 10k tank and sewer bed. Plant returned to compliance in
October.
DWR Response: The September 2019 DMR indicates that the facility exceeded its ammonia monthly
average limit of 2.0 mg/I by over 43%. The value recorded on September 4th was 7.6 mg/1 and was 0.2 and
0.8 the following two weeks thus violation was short in duration. Unfortunately, a 4th sample wasn't
collected that may have resulted in meeting the monthly limit. The facility has struggled at times over the
last several years with ammonia due to the type of system installed which requires adjustments to the
volume of recycle and monitoring&adjustment of alkalinity. 1t was noted that the 2x/month sampling has
not been occurring at least 10 days apart. Given that the school had just resumed and the high value
sample of 7.6 mg/L was collected on September 4th, then sampling should have been deferred and/or the
system prepped better for the increased loading. .
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

DECISION(Check One)
Request Denied gi
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Original Penalty(without Enforcement Costs) $ o?J v'c9D (enter amount)
Partial Remission 0 % or $ (amount remitted)
Subtotal $ A lA d d
Retaining Enforcement Costs $ /#f d d'
Total Revised As sme t $ I/. 0 d
' //y
aniel Smith Date

NC0045276 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF BRUNSWICK DWQ Case Number LV-2020-0002
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
BRUNSWICK COUNTY SCHOOLS/BOARD )
OF EDUCATION )
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( )