NC0021849_PC-2020-0048 CPA_20201201

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Hertford
Facility Name: Hertford WWTP
Permit Number: NCO021849
County: Perguimans
Case Number: PC-2020-0048
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Unknown. No documented fish kills or health risk. The bypass could cause Water Quality Standard violations.
2) The duration and gravity of the violation;
Significant - There was a bypass of an estimated volume of 46000 gallons of untreated sewage that entered ditches close to
the wastewater treatment plant with a small portion entering a property. Due to dry conditions the bypass infiltrated into the
ground.
3) The effect on ground or surface water quantity or quality or on air quality;
Significant - The bypass could cause Water Quality Standard violations, due to wastewater infiltrating into the ground or
running off to surface waters.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Unknown — money is saved by deferring maintenance.
6) Whether the violation was committed willfully or intentionally;
Insignificant — The violation was not viewed as being willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Significant - Over the last twelve months the facility received two Notice of Violations for Fecal Coliform limit exceedances.
8) The cost to the State of the enforcement procedures.
$63.06
12/2/2020 paya "
Date David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Covemor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
fxreetor
Certified Mail # 7019 2970 0001 3140 0299
Return Receipt Requested
Pamela Hurdle
Town of Hertford
324 W Grubb St
Hertford, NC 27944
NORTH CAROLINA
En vrronmentnl Quality
December 01, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES WW Permit No. NCO021849
Town of Hertford
Hertford WWTP
Case No. PC-2020-0048
Perquimans County
Dear Mrs. Hurdle:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1063.06 ($1000.00 civil
penalty + $63.06 enforcement costs) against Town of Hertford.
This assessment is based upon the following facts: An unauthorized bypass took place from 4:00am to 7:00am at the
mechanical bar screen at Hertford WWTP. The Washington Regional Office was informed that the mechanical bar screen
stopped functioning during this timeframe causing the bypass. At 7:00am the workers first onsite discovered the bypass and
cleaned up the screen. The bypass was estimated to be approximately 46,000 gallons of untreated sewage by facility staff.
Available information indicates the bypass entered ditches close to the wastewater treatment plant and due to dry conditions
infiltrated into the ground before reaching surface waters. A small portion crossed the street in front of the wastewater
treatment plant and impacted a property. The violation that stems from this event are summarized in attachment A of this
letter.
Based upon the above facts, I, David May, Regional Supervisor, Washington Regional Office conclude as a matter of law
that Town of Hertford violated the terms, conditions or requirements of NPDES WW Permit No. NCO021849 and G.S.
143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of
a permit required by G.S. 143-215.1(a).
NorthCarolina6epartrnentof!EnvironmentalQuslity I QiuisianofWater Resources
Wash ingtoit Regional Office 1943 Washington Square Mali I Washington, North cam!ina 27339

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, David May, Regional
Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Town of Hertford:
$1,000.00 For 1 of the 1 violations of the conditions and limitations specified in Permit No. NC0021849.
1 000.00 TOTAL CIVIL PENALTY
63.06 Enforcement Costs
1063.06 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Paul Mays with the Division of Water Resources staff of the Washington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
om-i "
David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2020-0048
Assessed Party: Town of Hertford
Permit No.: NC0021849
County: Perquimans
Amount Assessed: $1063.06
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.l(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF PERQUIMANS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Hertford )
Hertford WWTP 1
PERMIT NO. NCO021849 ) CASE NO. PC-2020-0048
Having been assessed civil penalties totaling $1063.06 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 1, 2020, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Hertford
CASE NUMBER: PC-2020-0048
PERMIT NO: NCO021849
FACILITY: Hertford WWTP
REGION: Washington
COUNTY: Perquimans
Violation(s)•
Discharged to Incident
Location Estimated Quantity Surface Water? Date Number Type of Violation
Mechanical 46,000 gallons No 09/24/2020 202002686 Unauthorized Bypass
bar screen
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the
Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance
at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be
required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential
problems due to planned maintenance activities, taking units off-line, etc.
Pursuant to Permit Condition 2 in Section C: "Proper Operation and Maintenance"
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) Which are installed or used by the Permittee to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory
controls and appropriate quality assurance procedures. This provision requires the Permittee to install and
operate backup or auxiliary facilities only when necessary to achieve compliance with the permit [40 CFR
122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
or a member of the Permittee's staff.
Pursuant to Permit Condition 4 Subsection c in Section C: "Prohibition of Bypass"
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future system -wide
collection system
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse
effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above
in paragraph c. (1) of this section.