NC0087840_MV-2021-0008_20210423 (2)

ROY COOPER
Govcinor
D[ONNE DELL[ -GATT€
J'e <n tary
S. DANIEL SMITH
Du -"(tor
Certified Mail # 7017 2680 000() 219 5077
Return Receipt Requested
Luther Harvey Lewis, Mayor
Town of Middlesex
PO Box 69
Middlesex, NC 27557
NORTH CAPO':JNA
Environmental Quality
April 23, 2021
SUBJECT: • Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES W`,V Permit No. NC0037840
Town of Middlesex
Well 44 WTP
Case No. MV-2021-0008
Nash County
Mayor Lewis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S536.57 ($500.00 civil penalty
+ $36.57 enforcement costs) against Town of Middlesex.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(J)MR) submitted by Town of Middlesex for the month of December 2020. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0087840.
The violations, ‘v-hich occurred in December 2020, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Town of Middlesex violated the terms, conditions or
requirements of NPDES WW Permit No. NC0087840 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Middlesex:
$250.00 for 1 of the 1 failures to properly monitor Nitrogen, Total - Concentration in violation of Pennit
No. NC0087840.
$250.00 for 1 of the 1 failures to properly monitor Phosphorus, Total (as P) - Concentration in violation of
Permit No. NC0087840.
$500.00
S36.57
S536.57
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
'ursuant to G.S. 143-215.6A(c), in deteiniining the amount of the penalty 1 have taken into account the Findings of Fact and
2onclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fn•rn). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. R.equesting 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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are'in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below,
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must he submitted in. writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
...your remission request. The response wilt provide details regarding the ease status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission. vou must complete and submit the enclosed `'Request for Remission of Civil Penalties,
Waiver of Right to an Administrative hearing, and Stipulation of hacts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that vou complete and submit the enclosed "justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m, and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
late/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
2ollection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
:hat occur after the review period of this assessment.
ifyou have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
kegional Office at [phone] or via email at mitch.hayes'rnedenr.gov.
\TTACHMPNTS
-e:
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Of#ice.
Division of Water Resources, NCDEQ
WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2O21-OOO8
Assessed Party: Town of Middlesex
Permit No.: NC008780
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 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 live 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. 143.13-282.1(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 resulting from the violation (i.e., nplain the
steps that you took to correct the violation and prevent fixture 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 frrj,
(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., e-tplain
how payment of the civil penalty it ill prevent you / -om performing the activities necessary- to achieve
compliance).
EXPLANATION:

TATE OF NORTH CAROLINA
AUNTY OF NASII
N THE MA t1 ER OF ASSESSMENT
)F CIVIL PENALTIES AGAINST
[ows'n of Middlesex
~Fell #4 'WTP
ERvIIT NO. NC0087840
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. iNIV-2021-0008
.laving been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
)f 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 -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) clays from the receipt of the
notice of assessment.
This the day of
SIGNATURE
Al)I)RESS
TELEPHONE

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Middlesex
Facility Name: Well #4 WTP
Permit Number: NC0087840
County: Nash
Case Number: MV-2021-0008
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Unknown amount of total nitrogen and total phosphorus passed through the plant. Increased nutrients to water quality.
n 3 . 5 w✓ c cs• v. Cr ti.{ < (.+ ,,er ' 1
2) The duration and gravity of the violation; V i 7 t.,�as4,, 5
The event took place from 06.01.2020 through 12.31.2020.
3) The effect on ground or surface water quantity or quality or on air quality;
Increased nutrient loading to surface waters. C.-A' caAvie wo ercis KRA t V s`v :
\ cA C-4 ti Ok 04L e-c /'w o f
4) The cost of rectifying the damage; Q" e
tbri 1-.1t442- � 5freuu-L.(4
No cost is given.
5) The amount of money saved by noncompliance;
The cost of analyses for TN and TP.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violations were committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
The last enforcement case was LV-2008-0215.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ATTACHMENT A
Town of Middlesex
CASE NUMBER: MV-2021-0008
PERMIT: NC0087840
FACILITY: Well #4 WTP
REGION: Raleigh
COUNTY: Nash
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
12/31/2020 12-2020 Nitrogen, Total -
Concentration
Semi-annually mgll Frequency $250.00
Violation
12/31/2020 12-2020 Phosphorus, Total (as Semi-annually mgll
P) - Concentration
Frequency
Violation
$250.00