NC0087840_MV-2021-0008 RSP_20210517

10232 South Nash Street
Post Office Box 69
Middlesex, NC 27557 252-
235-5761 fax [phone]
Town of iddlesex
Luther H. Lewis. Jr., Mayor
May 17, 2021
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation & intent to Assess Civil Penalty
Tracking Number: Case No: MV.-2021-0008
Permit# NC 0087840
Middlesex Well # 4 WTP
Nash County
Mr. Vinson:
The Town of Middlesex appreciates the opportunity to respond to Case No: MV-2021-0008 dated April
23, 2021. This Ietter shall serve as the Town of Middlesex response to the penalty assessment, and it is
our hope that the information provided will result in no further action by the Division.
Pertaining to the Frequency Violation for the Semi -Annual sampling for Total Nitrogen and Total
Phosphorous:
As stated in our initial response, the normal procedure for this and all sampling requires the lab to send
the bottles that are needed for the months sampling. The bottles for the Total Nitrogen and Total
Phosphorous were not included in the initial delivery. The operator contacted the Iab about the issues
and was reassured the bottles would be sent however they were sent after the required sampling
schedule. As with any contract there are certain stipulations and directives in our contract with the lab.
Envirolink, Inc. contracts with the lab, provides the lab with the permit and any others document needed
for the sampling kits. Envirolink, Inc and the Town of Middlesex is aware that it is our responsibility as
well to be sure these kits arc received in a timely manner.
The bottles were not received and therefore the operator forgot and .failed to sample the required
parameter within the sampling schedule, The samples were taken on January 12, 2021

2
Based on the Towns history of compliance we respectfully request that the Division consider these
efforts and forgive the penalties assessed. If we can be of any further assistance or additional
information is needed, please contact me at [phone].
Lu Harvey, Mayor
Town of Middlesex

JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2021-0008
Assessed Party: Town of Middlesex
Permit No.: NC0087840
County: Nash
Amount Assessed: $536.57
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 ofFacts" 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. § I43B-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. I43B-282.1(h) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (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 figure 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 civii penalties for any previous violations;
(c) 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:
The missing semi-annual samples were immediately taken,

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Middlesex
Well #4 WTP
PERMIT NO. NC0087840
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. MV-2021-0008
Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 23.2021, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -staled 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 _.. 17th
day of May
ADDRESS
P.O._Box 69
Middlesex, NC 27557
TELEPHONE
252-235-5761
, 20 21

ATTACHMENT A
Town of Middlesex
CASE NUMBER: MV-2021-0008
PERMIT: NC0087840
FACILITY: Well N4 WTP
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfail 001 - Effluent
REGION; Raleigh
COUNTY: Nash
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
12/31/2020 12-2020 Nitrogen, Total - Semi-annually mg/I Frequency $250.00
Concentration Violation
12/31/2020 12-2020 Phosphortis, Total (as Semi-annually mg/I Frequency S250.00
P) - Concentration Violation