NC0003450_Remission Decision LV-2020-0200_20201113

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ROY COOPER I ..
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Governor ` IIT sS
MICHAEL S.REGAN
Secretary s'
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 13, 2020
CERTIFIED MAIL 70181830000180370847
RETURN RECEIPT REQUESTED
Mayor Charles Farrior
Town of Wallace
316 E. Murray St
Wallace,NC 28466-2317
Subject: REMISSION REQUEST
Civil Penalty Assessment-LV-2020-0200
Wallace Regional WWTP/NC0003450
Duplin County
Dear Permittee:
The Division has 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$4,143.87 ($4,000.00 civil penalty plus$143.87 enforcement)to the total amount of$2,143.87
($2,000.00 civil penalty plus$143.87 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 [e-mail] you
for your cooperation in this matter.
Sincerely,
ii,.e.,. Lair_
S. Daniel Smith, Director
Division of Water Resources, NCDEQ
Attachment:DWR Civil Assessment Remission Factor Sheet&
Request for Oral Presentation Sheet
cc: Laserfiche
Wilmington Regional Office
NorthNorth CarolinaSalisbury DepartmStreetent1 of 1617 Environmental Quality I Division of
North Car Water Resources
512 , 27699-1617
NORTH CAROI INA
Oenartment a Environmental � /� 919.707.9000

NC0050849 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DUPLIN DWQ Case Number LV-2020-0200
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF WALLACE )
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 ( )

DocuSign Envelope ID:FCA64EA1-494A-4B9C-B53A-E133A4306EF3
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0200 Region: Wilmington County: Duplin
Assessed Entity: Town of Wallace-Wallace Regional WWTP Permit: NC0003450
❑ (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:We were able to get 2 blowers running to SBR#2 on May 9th.Blower#4 was
removed and sent out to be rebuilt on May 20th. The problems with the airlines/diffusers could
not be addressed till the basin was taken offline,which meant SBR#3 had to have it's repairs
completed.
I had been making those repairs to SBR#3 in order to put it on line,but the lag time to get parts
delivered was putting me behind schedule. The last of the parts needed(AUMA actuator for the
influent valve)was ordered on March 16,2020.
DWR Response:This assessment is for violations reported on the May 2020 DMR which showed that
that the facility exceeded its weekly BOD average limit of 7.5 mg/L by over 46%,its monthly
BOD average limit of 5.0 mg/L by 27%,its weekly Ammonia average of 3 mg/L by over 76%,
and its monthly average Ammonia limit of 1.0 mg/L by 116%. Ammonia violations are caused
by air delivery problems in SBR#2 related to blower functionality and air leakage in the supply
line, aeration system,and/or decanting mechanism that started in May 2018
Hurricane Florence in September 2018,damaged the facilities filters and UV,with both fmally
being repaired between December 2019&May 2020. Action on violations occurring after
Florence were waived due to damage to the facility's filters and UV system until they were
repaired;filters were returned to service in December 2019 and UV system was returned to
service in April 2020.
BOD and Ammonia violations are due to continuing air delivery and decanting issues with SBR#2
and the inability to place SBR#3 online due to the fact the Town had scavenged parts to maintain
the other units in the past and had not replacing them,so SBR#3 was not available for use.
WiRO does not recommend remission since the treatment issues for Ammonia began in May 2018
(prior to Hurricane Florence)and were caused by the Town's decision to defer operation&
maintenance costs by not maintaining SBR#3 in serviceable condition.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:

DocuSign Envelope ID:FCA64EA1-494A-4B9C-B53A-E133A4306EF3
(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:The permittee did not select this item,but DWR considered this factor when
deciding whether to remit penalties.The facility is already undergoing extensive and costly repairs.
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Original Penalty(without Enforcement Costs) $4,000 (enter amount)
Partial Remission® % 50 or $ 2,000 (amount remitted)
Subtotal $ 2 000
Retaining Enforcement Costs $ 143.87
Total Revised Assessment $ 2,143.87
by:
cDoctuSIgned
°$ 1�H 11/10/2020
8328B44CE9EB4A1...
S.Daniel Smith Date