NC0087840_Remission Decision (MV-2021-0008)_20210908

DocuSign Envelope ID:BA84841C-D525-4F83-B603-447B0B9E9CEC
ROY COOPER 4 7,.i. '�
Governor vt; 1 „ ,,,
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ELIZABETH S.BISER
Secretory •Polows
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
9/8/2021
Luther Harvey Lewis,Mayor
Town of Middlesex
PO Box 69
Middlesex,NC 27557
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Well#4 WTP
Nash County
PERMIT NO:NC0087840
CASE NO: MV-2021-0008
Dear Permittee:
I have considered the information submitted in support of your request for remission in accordance with G.S. 143-
215.6A(f)and have decided to remit the civil penalty in the amount of$500.00.
An enforcement cost of$36.57 is still due. Payment should be tendered to me at the letterhead address within
thirty(30)days of receipt of this letter. Please make checks payable to the Department of Environmental Quality
Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from
taking future enforcement actions against the subject facility should additional violations occur.
If you have any questions,please contact Sydney Carpenter at 919-707-3712 or via e-mail at
[e-mail] you for your cooperation in this matter
Sincerely,
DocuSigned by:
8328844CE9EB4A1...
S. Daniel Smith
Director,Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)
cc: Enforcement File#:MV-2021-0008
Raleigh Regional Office
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512orth NorthCa Salisbury
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DocuSign Envelope ID:BA84841C-D525-4F83-B603-447B0B9E9CEC
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: M V-2021-0008 Region: Raleigh County: Nash
Assessed Entity: Town of Middlesex Permit: NC0087840
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
• (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The permittee states that the normal procedure for all sampling requires the lab to
send the bottles necessary for the month's sampling. The permittee states that the bottles for Total
Nitrogen and Total Phosphorous sampling were not included in the initial delivery. The Town states
that the operator contacted the lab and was assured that the missing sampling bottles would be sent,
however the bottles arrived after the required sampling schedule.According to the Town, Envirolink,
Inc contracts with the lab and provides them with the permit, along with any other necessary
documents for the sampling kits. The Town states that they and Envirolink, Inc are aware that it is
their responsibility to be sure these kits are received in a timely manner. The Town states that the
operator took the samples on January 12, 2021.
DWR Response: Total Nitrogen and Total Phosphorus monitoring is required semi-annually. The
permittee monitors for these parameters in December. Although the contract lab failed to provide the
sampling bottles to meet the sampling schedule, operator took samples on January 12, 2021, even
though it was not within the required monitoring period.
❑ (c) Whether the violation was inadvertent or a result of an accident:
•
Permittee States:
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

DocuSign Envelope v ID:BA84841C-D525-4F83-B603-447B0B9E9CEC
DECISION(Check One)
Request Denied ❑
Full Remission ® Retain Enforcement Costs? Yes ® No 0
Original Penalty(without Enforcement Costs) $ 500.00 (enter amount)
Subtotal $ 0.00
Retaining Enforcement Costs $ 36.57
Total Revised Assessment $ 36.57
p—DocuSigned by:
try i ..y 9/8/2021
8328B44CE9E84A1...
S.Daniel Smith Date