WQ0039488_Remission Request LV-2020-0335_20201216

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CAMDEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Camden County )
Courthouse Area WWTP )
)
PERMIT NO. WQ0039488 ) CASE NO. LV-2020-0335
Having been assessed civil penalties totaling$296.35 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated November 13,2020,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 1441 day of e PA to e r ,20 Zo
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SIGNATURE
RECEIVED
ADDRESS
DEC 16 1020Cftimaten ////x T
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NCDEQINIRINPDES
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TELEPHONE
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bar screen can be installed. The County Manager is aware of the NOV's
at the wastewater treatment plant and is agreeable to the funding of
the new bar screen.
(d) the violator had not been assessed civil penalties for any previous
violations;
Camden County has not been assessed any civil penalties for previous
violations and we are committed to insuring this treatment plant
process is corrected as soon as possible.
(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 preforming the activities necessary to
achieve compliance)
Funds in our Utility Operations Budget is extremely tight and the needs
always outlast the revenues. The additional cost of the engineering, the
cost of the permit modification, the cost of the Micro-bar screen and
the contractors cost to get the water and electrical power connected
are all items that weren't included in the budget. We do understand
how important it is to get the treatment plant into compliance and ask
for the remission of the civil penalties to allow the activities necessary
to achieve compliance be completed.

Justification for Remission Request
RECEIVED
Case Number: LV-2020-0335 DEC 16 2020
County: Camden County NCDEa1DWR/NPDES
Assessed Party: Camden County
Permit No.: WQ0039488
Amount Assessed: $296.35
(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)
The treatment plant came on-line in October 2019 and is a new process
to the Camden County Staff. Our technical support person has not been
able to come to the treatment plant to assist in any corrective action.
The treatment process technician has a special needs person at home
and isn't able to travel because of the coronavirus. We continue to
work on the treatment process and are talking with other operators
who have the same or similar treatment process. We have been able to
reduce out total nitrogen levels to below permit limits but not
consistently. We believe the problem is with our bar screen. We have a
conventual bar screen with one-inch spacings but all our pump stations
have grinder pumps installed. We are receiving a slurry and the paper
comes back together in the influent tank, and then works thru the
plant. We have pumped the solids out of the influent tank many times
but the paper keeps coming back. We have tried different screen
materials to try to catch the paper but a small screen that can catch the
paper clogs up quickly. The paper seems to be the issue with our
process, it can slow down flows and chemical feeds so the process
doesn't react as it should. We believe a micro-bar screen will catch
enough of the paper to correct the problem. We have contacted an
engineer to get a proposal to do the minor permit modification so the

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0335 County: Camden
Assessed Party: Camden County
Permit No.: WQ0039488 Amount Assessed: $296.35
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-282.1(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:

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
-.provided
byan attached file(with restrictions)holidays. The petition may be filed by facsimile(fax)or electronic mail
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 Randy Sipe with the Division of Water Resources staff of the Washington
Regional Office at(252)948-3849 or via email at [e-mail].
Sincerely,
kele4 1.4.4444
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: Laserfiche

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
factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
agreement that no g P
believe the civil penaltyshould be remitted and submit it to the Division of Wat
er 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

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,Robert
Tankard,Assistant Regional Supervisor,Washington Regional Office hereby make the following civil penalty assessment
against Camden County:
$0.00 0 of 1 violations of the Permit Daily Maximum for Nitrogen,Ammonia Total(as N)per the limits
established in Permit No. WQ0039488
$250.00 1 of 1 violations of the Permit Monthly Average for Nitrogen,Total(as N)per the limits established
in Permit No. WQ0039488
$250.00 TOTAL CIVIL PENALTY
$46.35 Enforcement Costs
$296.35 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-282.1(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

04\
ROY COOPER
ComaMtCHAELS.REGAN ':s•
SecMory
S.DANIEL SMITH NORTH CAROLINA
Dlnaor Environmental Quality
Certified Mail 7019 2970 0001 3140 0909
Return Receiat Requested
November 13,2020
David A Credle
Camden County
P.O.Box 190
Camden,NC 27921
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non-discharge Permit No. WQ0039488
Camden County
Courthouse Area WWTP
Case No.LV-2020-0335
Camden County
Dear Mr. Credle:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$296.35($250.00 civil penalty
+$46.35 enforcement costs)against Camden County.
This assessment is based upon the following facts: a review has been conducted of the Non-Discharge Monitoring
Report(NDMR)submitted by Camden County for the month of July 2020. This review has shown the subject facility to
be in violation of the limitations and/or monitoring requirements found in Non-discharge Permit No. WQ0039488. The
violations,which occurred in July 2020,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Camden County violated the terms,conditions or
requirements of Non-discharge Permit No.WQ0039488 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).
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