NC0020931_Remission Decision PC-2020-0035_20210103

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ROY COOPER .
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MICHAEL S. REGAN allef _ I 1.91 )
Secretary '`, ,
S. DANIEL SMITH
Direru„- Wy4Urs
NORTH CAROLINA
Environmental Quality
January 3, 2021
CERTIFIED MAIL 70181830000180370878
RETURN RECEIPT REQUESTED
Vaughn Benton, Mayor
Town of Boonville
PO Box 326
Boonville, North Carolina 27011
Subject: Decision to Remit 20% Civil Penalties
Case Number PC-2020-0035
For the Boonville WWTP
NPDES Permit NC002093I
Yadkin County
Dear Mr. Benton:
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division
of Water Resources (the Division) has reviewed your request to remit civil penalties in the
subject case. The Director has granted partial remission (see attached).
Your outstanding balance is $2,975.72 reflecting 20% remission of original penalties [$3,675.72-
$700.00+ $125.72 enforcement costs]. This amount is now due and payable. Two options are
available to you:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality(DEQ). Send payment, within thirty(30) calendar days of receiving this
letter, to the attention of:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2) You may request the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions (the Committee) to make the final decision on your remission
request considering your additional oral input, as may be warranted.
State of North Carolina Environmental Quality I Water Resources
1611 Mail service Center I Raleigh,North Carolina 27699-1611
919 707 9000

Vaughn Benton,Mayor
Town of Boonville
Remission Decision
Page 2
If payment is not submitted within 30 calendar days of your receiving this letter, your current
request for remission and this letter of denial will be delivered to the Committee for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and
return the attached Request for Oral Presentation form within thirty(30) calendar days of
receiving this letter. Send completed form(s)to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If you make such a request,the EMC Chairman will review the supporting documents and your
request for an oral presentation. If, in his/her judgment, the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you
should appear. If your presentation is not required,the final decision will be based upon the
written record.
Please be advised that the EMC's Committee will make its remission decision based on the
original assessment amount. Therefore, the Committee may choose to uphold the original penalty
and offer no remission,they may agree with the DWR Director's remission recommendation
detailed above, or the penalty amount may be further remitted.
Thank you for your continued cooperation in this matter. If you have questions, please contact
me [[e-mail]].
Sincerely,
Joe Coiporo , P.G.,
Compliance d Expedited Permitting
Attachments: Director's Decision; Summary of Civil Penalty Remission Factors
Request for Oral Presentation form;
cc: WSRO Jenny Graznak,Lon Snider,Supervisor SWPS
NPDES Enforcement File PC-2020-0035
Laserfiche

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Yadkin DEQ Case Number PC-2020-0035
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Boonville, Boonville WWTP )
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 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 Carblina.
• 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

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature Page
Case Number: PC-2020-0035 Region: Winston-Salem County: Yadkin
Assessed Entity: Town of Boonville WWTP Permit: NC0020931
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
[not asserted]
X (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
The Permittee Asserts: our justification in accord with violations:
1. Record keeping—sited for record-keeping issues; DWR asked us to provide a daily-flow total.
Assisted by consultant,Mission Communications, we requested and received a daily SCADA report
(attached).
2. Effluent Sampling—We discovered our sampler was unserviceable and replaced it(cost: $8,000,
documents attached)
3. Backup ORC—We list Stephen Brian Hutchens as our back-up, a city employee but employed only
part time at the WWTP. Since March 1, we have been restricted by COVID 19 from sending another
employee for training(see their attached website notice).
4. Weir Violations—two(2) of three(3)package plants [#1 and#2 operating in series] sustained
significant damage when the plants independently floated out of the ground during a recoating process,
likely due to faulty engineering,perhaps exacerbated by the maintenance. The resulting damage
rendered the weirs inaccurate. Plants#1 and#2 were salvaged and returned to service by 24Jun2020 at
a cost of$1,100,000 [undocumented]. The bidding process for a new engineering firm took several
months, and litigation is planned against the previous firm that installed the initial package plants
(2017).
DWR Response:The Permittee has demonstrated only moderate compliance documented by multiple
inspection violations; violations have persisted over an extended period.The gravity of violations varies
from moderate to severe. Costs to rectify problems and money saved by noncompliance remain unverified.
Willful intent is unestablished,however persistent violations suggest a reluctance to identify and rectify
problems.
❑ (c) Whether the violation was inadvertent or a result of an accident:
[not asserted]
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
[not asserted]
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
[not asserted]
NOTE: Red X indicates a remission factor chosen by the Permittee. Remission of this penalty is based on Factor b.

DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes
[Total CPA $3,625.72]
Original Penalty(without Enforcement Costs) $3,500.00
Partial Remission X (20%)or-$700.00
Subtotal: 2,800.00
Retaining Enforcement Costs: +$ 125.72
Total Revised Assessment: $2,925.72
[original signed by John E. Hennessy] 10Dec2020
for S. Daniel Smith Date