NC0021881_LV-2021-0016 Remission Request_20210224

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ON THE SHORES OF NORTH CAROLINA'S LARGEST NATURAL LAKE 19' 11
P.O.Box 145 \1: 4•
Lake Waccamaw, North Carolina 28450 ^y
[phone] r
[phone] Fax � wAC C.-
email:[e-mail] Member N.C.League of Municipalities
February 12, 2021
NC DEQ/DWR
Wastewater Branch Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject:NOV Response
LV—2021-0016
Lake Waccamaw WWTP
NPDES Permit No. NC0021881
Columbus County
Dear Director,
The Town of Lake Waccamaw is in receipt of your NOV&Assessment of Civil Penalty dated
January 12, 2021. The NOV is for exceeding the weekly limit of Fecal Coliform at the effluent of
our WWTP. We are requesting that no civil penalty be assessed to the Town. We offer the
following comments in support of our request:
The Town of Lake Waccamaw surpassed its permitted weekly limit for Fecal Coliform during the
week of October 18, 2020 through October 24, 2020. However,the Town was well within its
limit for the entire month. The Town is not sure of what exactly caused the spike in fecal
coliform but thinks it may have been caused by a low level of chlorine in the contact chamber.
Total chlorine is checked on testing days at effluent to ensure wastewater is being treated. On
October 20 and 21 the total chlorine test showed chlorine in wastewater. On October 22, it was
found that the chlorine cylinder needed to be changed out. As soon as it was discovered, the
cylinder was changed.The very next time samples were taken at the effluent fecal levels were
back to normal.The Town sends fecal samples to Environment One Inc. and therefore does not
know results of samples for several days.The Town was not aware of the spike in fecal until test
results came back. Since then, fecal levels have been normal along with all other test and there
was no environmental damage caused by this incident.
We thank you for your consideration of this matter. If you have any questions or comments,
please call Ke in,Powell at 910/625-9771
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Sincerely, ///�
7lf
Damon Kempski,Town Manager
Town of Lake Waccamaw

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DocuSign Envelope ID.C61AEF3C-C19F-4C37-9DAB-5D1C0EA928E3
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Lake Waccamaw )
Lake Waccamaw WWTP )
)
PERMIT NO.NC002 1881 ) CASE NO. LV-2021-0016
Having been assessed civil penalties totaling$397.75 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated January 12.2021,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 b1U61(-I ,20 al
SIGNA RE
RECEIVED ADDRESS
FEB 2 4 2021 f,D• Box f
Lakes (�L2 GCac 1 a cJ, NC Z?q
NCDEQ/DWZ/NPDES
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DocuSign Envelope ID C61AEF3C-C19F-4C37-9DAB-5D1C0EA928E3
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0016 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NC0021881 Amount Assessed: $397.75
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 resultingfrom 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: