NC0023981_compliance (Remission decision 0146)_20210812

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 12, 2021
CERTIFIED MAIL ITEM 7018 1830 0001 8037 2148 - RETURN RECEIPT REQUESTED
Mr. Radford L. Thomas
Director of Public Utilities
P.O. Box 958"
Lenoir, NC 28645-0958
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Lower Creek WWTP
Permit NC0023981
Case LV-2021-0146
Caldwell County
Dear Mr. Thomas:
I have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the
original civil penalty assessment which totals $3,527.20.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) clays
of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests 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 requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000North Carolina

NC0023981 Remission Decision
Page 2 of 3
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
Sinceiely,
S. Daniel Smith
f Director, Division of Water Resources
cc: NPDES file

DocuSign Envelope ID: E9BDB5A5-0054-4805-BB5E-FE1E479E18B9
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0146 Region: Asheville County: Caldwell
Assessed Entity: Lenoir — Lower Creek WWTP Permit: NC0023981
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (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: One of the W WTP's two aeration basins was taken offline to repair an air leak. The
remaining basin had older air lines and the ORC was worried about a rupture if too much pressure
was used in them. Limit violation occurred due to the aeration basin being offline. Plant returned to
compliance after aeration basin was restarted.
DWR Response: Recommend no remission as this appears to be a result of chronic deferred
maintenance. Proper O&M would have prevented this violation.
❑ (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:
DECISION (Check One)
Request Denied �
Full Remission ❑ Retain Enforcement Costs? Yes l No ❑
Original Penalty (without Enforcement Costs) $3,400.00
Partial Remission❑ 0% or $0.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
$3,400.00
$127.20
Total Revised Assessment $3,527.20
r—DocuSigned by:
8/11/2021
8328B44CE9EB4A1...
S. Daniel Smith Date