WQ0002519_Remission (Decision)_20170609

Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL 7009 2250 0000 8087 2389
RETURN RECEIPT REQUESTED
Mr. Clay Helm
Minzies Creek Sanitary District
139 Treasure Lane
Hertford, NC 27944-8194
SUBJECT:
Dear Mr. Helm
June 9, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
RECEIVED/NCDENR/DWR
JUN 14 2017
Water Quality Regional
Ope,aiioa s Section
Washington Regional °*,ice
REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Holiday Island WWTP
Currituck County
PERMIT NO: WQ0002519
CASE NO.: LV-2017-0126
I have considered the information submitted in support of your request for remission in accordance with G.S. 143-
215.6A(f) and have not found grounds to modify the initial civil penalty assessment of $427.00 ($312.50 penalty +
$114.50 enforcement)
Should you choose to pay the 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.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with G.S. 143-215.6A(f), your
request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with
supporting documentation) 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 request 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 the attention of Sonia Gregory at the following address:
NC DEQ- Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina, NC 27699-1617
Attn: Non -Discharge Permitting Branch
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 you, you will be notified by certified
mail of the date, time, and place that your 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.
--'"Nothing Compares -. .
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332

June 9, 2017
Remission Case # LV-2017-0126
Page 2
If you have any questions, please call Sonia Gregory at 919-807-6319 or e-mail sonia.gregoryncdenr.gov Thank you for
your cooperation in this matter.
Sincerely,
7 Jay Zimmerman, Director
Division of Water Resources, NCDENR
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation form
cc: EI)forcement File #: LV-2017-0126
avid May, Washington Regional Office
Pritchett & Burch, PLLC
Central Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2017-0126 Region: Washington County: Perquimans
Assessed Entity: Minzies Creek Sanitary Sewer District Permit: WQ0002519
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
n (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The Minzies Creek Sanitary District is operating under a SOC, an order that was
issued based upon the failing system that the District took over upon incorporation. The essence of the
SOC is that the District is being allowed time to work on a replacement for the current treatment system,
and that during the time prior to replacement, the district is to make its best efforts to maintain the
current system and limit the amount of effluent discharge. Clearly, the system now being operated is
failing and based upon the nature of the current lagoon based system there are no steps that could be
taken which would prevent at least some violations from occurring. The violations for which the District
is being fined are violations that cannot be prevented by the district short of replacing the entire system.
If the violations found are punishable by fines then the purpose of the current SOC is defeated The
primary reasons for the violations admitted too herein were extraordinary amounts of rain and weather
related issues that can best be described as "acts of god" that only new and fully function system could
have withstood
DWR Response: Although the facility is under an SOC, the facility has potential to be maintained and
operated at a higher level (in a manner that would minimize potential for limit violations of BOD, TSS,
ammonia). The SOC isn't viewed as a mechanism to allow and excuse the WWTP to be neglected or
justify violations. Also, Minzies Creek previously agreed to the terms of the SOC as written, which did not
provide increased limits (above the levels detected). To date, no substantive actions have been taken to
improve facility conditions. The violations are not viewed as inadvertent or the result of an accident. As
such, (c) is not viewed as an applicable remission factor.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
• (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Any fines now due and owing, would greatly impact the ability of the Sanitary District
to continue making remedial improvements to the existing system, and compromise its ability to correct
any unexpected issues that may arise. I am attaching hereto a copy of the 2016-2017 budget, which shows
that the district only retains S2,00.00 a year in a capital account for any unexpected repairs and other
costs associated with the operation of the waste water system. The requested fines would remove all funds
from the current capital account and leave the district insolvent.

DWR Response: Minzies Creek is required to properly maintain and operate the facility. Iffees collected
to operate the plant are insufficient to properly support its operation, fee structures should be amended as
appropriate or the District should evaluate the feasibility of continuing operations. To date, no
substantive actions have been taken to improve facility conditions and it doesn't appear the district is
putting any money (or minimal money) into adequately maintaining the facility.
DECISION (Check 9.rre)
Request Denied
Full Remission
❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
7 S. Jay Zimmerman