NC0026921_Remission (Decision)_20140919

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NCDENR
North Carolina Department of Environment and Natural Resources. `,Y f, LE REGIONAL L Ot HGE
Pat McCrory John E. Skvarla, III
Governor Secretary
October 24, 2014
CERTIFIED MAIL 7013 2630 0001 8998 0898
RETURN RECEIPT REQUESTED
Mr. Tim Little, Public Works Director
Town of Parkton
P.O. Box 55
Parkton, NC 28371
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NC0026921
Town of Parkton WWTP
Robeson County
Case Number LV-2014-0114
Dear Mr. Little:
In accordance with North Carolina General Statute 143-215.6A(f),and delegation from the Director of
the North Carolina Division of Water Resources, John E. Hennessy, supervisor of the Water Quality
Permitting Section's Compliance and Expedited Permitting Unit, considered the information you
submitted in support of your request for remission and remitted $750.00 of the $891.56 civil penalty
assessment. The revised amount due is $141.56, for the investigative costs. A copy of the remission
decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this
letter to the attention of:
Bob Sledge
NC DENR-DWR — Wastewater Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Mr. Tim Little
LV-2014-0114 Remission Decision
p. 2
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the North Carolina Division of Water
Resources will be delivered to the Committee on Civil Penalty Remissions 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 receipt of this letter.
Send the completed form to:
Bob Sledge
NC DENR-DWR — Wastewater Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remission, they may agree with the Division of Water
Resources' remission recommendation detailed above, or the penalty amount may be further
remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact me at (919)
807-6398, or via e-mail at [e-mail].
Sincerely,
47.??1---1- or
Bob Sledge, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
Attachments
cc: Fayetteville Regional Office — DWR/Water Quality
Enforcement File
DWR Central Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2014-0114 Region: Fayetteville County: Robeson
Assessed Entity: Town of Parkton WWTP Permit: NC0026921
fJ (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:
The Town has committed to undertake construction projects to upgrade both the collection system and the
WWTP.
• (c) Whether the violation was inadvertent or a result of an accident:
The violation has been attributed to inflow and infiltration (I&I) to the collection system. Control of I&I is the
responsibility of the Town.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
The facility was assessed civil penalties on seven occasions during the five years prior to this civil assessment.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
The Town provided documentation of expenses incurred in the amount of $3,768.68 for the replacement of the
WWTP's flow meter.
Though no documentation was provided by the Town that would demonstrate how payment of the penalty would
cause an undue burden to the Town such that remedial actions could not be performed, the Division is aware of
the financial circumstances faced by the Town of Parkton. With finite funding sources, monies spent in one area
necessarily restrict spending in other areas.
DECISION (Check One)
Request Denied ❑
Full Remission g Retain Enforcement Costs? Yes No ❑
Partial Remission ❑ $ (Enter Amour
a
In E. Hennessy
Date
re V 10—R ;in9

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF ROBESON DWR Case Number LV-2014-0114
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
Town of Parkton
REQUEST FOR ORAL PRESENTATION
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 of 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 Carolina.
• 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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
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ADDRESS
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