NC0042251_LV-2020-0007/LV-2020-0010_20200309

j�STATE k AA�L
ROY COOPER ,��' ✓Governor
MICHAEL S.REGAN
»_'NA i3 _
•
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 09, 2020
CERTIFIED MAIL#7019 1120 0000 5072 7824
RETURN RECEIPT REQUESTED
Mr. Stephen Hill
Pender County Schools/Board of Education
925 Penderlea Hwy
Burgaw,NC 28425
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Pender High School WWTP
Permit NC0042251
Case LV-2020-0007 and LV-2020-0010
Pender County
Dear Mr. Hill:
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 assessments of$391.00 (LV-2020-0007) and$791.00 (LV-
2020-0010).
If you choose to pay the penalties, send payment to the letterhead address within thirty(30)days
of receipt of this letter. Please make the check payable to NC DEQ.
If payments are 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 penalties (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 requests 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 ou ou will be notified by certified mail of the date,time, and place that your
DE � 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
TH CAli��l INA
Olopartment of Ertwonmental aw\ 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(919) 707-9125 or [e-mail].
Sincerely,
Liar-.
S. Daniel Smith
Director, Division of Water Resources
Attachments: LV-2020-0007 and LV-2020-0010 Civil Assessment
Remission Factor sheets(copies)
Two(2)Request for Oral Presentation sheets
ec: Enforcement File
Wilmington Regional Office
Page 2 of 2

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0007 Region: WiRO County: Pender
Assessed Entity: Pender High School WWTP Permit: NC0042251
❑ (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:Appropriate action has been taken to make sure this does not happen in the future. We
hope that our response and timely abatement of the issue shows our commitment to providing the needed
support to ensure that future compliance issues receive prompt attention.
DWR Response: The September 2019 DMR indicates that the facility exceeded the monthly average permit
limit for total ammonia by nearly 129%. Despite the exceedances, the ORC and Permittee indicated they
were compliant on the e-DMR submittal. Three of the 4 weekly samples collected for the month were above
the monthly limit with the 4th being 1.8 mg/L, but all were less than the daily limit of/0 mg/L.
The facility is operated by a contract ORC supplied by EnviroLink. PCS did not respond to the NOi-
NOV for the month of September. Their response to the NO!-NOV for October's report indicated no
reason for the same violation other than the lab failed to notify PCS and perhaps EnviroLink of the
potential exceedance. These samples have up to a 28-day hold time, thus could've been analyzed after the
month ended.
This is the first we have heard of a hug population issue. However, the permittee provided no MLSS values
nor a speciation report of the bug population. They mentioned a possible contaminate; they have had
issues in the past with contractors dumping used floor stripper&wax into their system improperly with
ammonia being the main ingredient.
❑ (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 Stales:
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
Full Remission ❑ Retain Enforcement Costs? Yes No❑
Original Penalty(without Enforcement Costs) $ ,Trod (enter amount)
Partial Remission ❑ 410 or $ (amount remitted)
Subtotal $ ,ry do
Retaining Enforcement Costs $ -ed
Total Revised Assess $ —49/eV
S. iel Smith Date

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0010 Region: WiRO County: Pender
Assessed Entity: Pender High School WWTP Permit: NC0042251
❑ (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:Appropriate action has been taken to make sure this does not happen in the future. We
hope that our response and timely abatement of the issue shows our commitment to providing the needed
support to ensure that future compliance issues receive prompt attention.
DWR Response: The October 2019 DMR indicates that the,facility exceeded the monthly average permit
limit of 2.0 mg/L for total ammonia by 730%and daily limit of the 10 mg/L for each week by 22-139%. As
in the September 2019 DMR,despite the exceedances, The ORC and Permittee indicated they were
compliant on the e-DMR submittaL
The facility is operated by a contract ORC supplied by EnviroLink. The pennittee's response to the NOI-
NOV indicated no reason for the violations other than the lab failed to notify PCS and perhaps EnviroLink
of the potential exceedance. These samples have up to a 28-day hold time, thus could've been analyzed
after the month ended.
This is the first we have heard of a bug population issue. However, the permittee provided no MISS values
nor a speciation report of the bug population. They mentioned a possible contaminate;they have had
issues in the past with contractors dumping used floor stripper&wax into their system improperly with
ammonia being the main ingredient. They failed to resolve the situation or take any action from the
September results given the number and magnitude of the violations in October. The issue remained in
place until after November 8`h when they had total ammonia concentration of 18.5 mg/L and ended up
exceeding November's monthly average by 80%.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee Slates:
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
Full Remission 0 Retain Enforcement Costs? Yes 0 No❑
Original Penalty(without Enforcement Costs) $ s°,-dd (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $ 4-5Ad d
Retaining Enforcement Costs $ /yy e d
Total Revised Asses $ 7!`'/d d
447 3
aniel Smith 1-.)/--1
Date

NC0045276 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PENDER DWQ Case Number LV-2020-0007
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
PENDER 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( )

NC0045276 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PENDER DWQ Case Number LV-2020-0010
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
PENDER 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( )