NC0020389_Remission Decision (LV-2021-0132)_20210908

DocuSign Envelope ID:F2ODD89F-D40D-4C6C-8C85-063026B474D2
:STATE a
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ROY COOPER ,°04 y T
Governor It;1
ELIZABETH S.BISER ", &,,_*-
Secretary u„vr*`
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
9/8/2021
CERTIFIED MAIL 7018 1830 0001 8037 1875
RETURN RECEIPT REOUESTED 1
Frederick D Nelson,Town Manager
Town of Benson
303 E Church St
Benson,NC 27504-0069
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Benson WWTP
Johnston County
PERMIT NO:NC0020389
CASE NO:LV-2021-0132
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 modify the initial civil penalty assessment of$1,036.57($1,000.00 civil penalty
plus$36.57 enforcement)to the total amount of$536.57($500.00 civil penalty plus$36.57 enforcement).
Should you choose to pay the modified penalty,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.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which is
comprised of members of the Environmental Management Commission. The Committee may consider such
requests and render final and binding decisions in these matters. You may argue your request before the
Committee,and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address within
thirty(30)days of the receipt of this letter. Your request will be placed on the agenda of an upcoming Committee
meeting,and you will be notified of the date and time. If the Division does not receive a response regarding this
notice,Division staff will automatically place your case on the agenda of a future Committee meeting.
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.
EDocuSignad by:
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83281344CW-134M...
S.Daniel Smith
Director,Division of Water Resources
D_E Q North Carolinallorth DeSalisburypartmentStreet1 of1617 EnvironmentalMailService Center I Raleigh,Quality I Division
North of WaterCarolina Resou276rces
512 99-1617
o.wr...i w Er.me,.a jopo 919.707.9000

DocuSign Envelope ID:F2ODD89F-D40D-4C6C-8C85-063026B474D2
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#:LV-2021-0132[Laserfiche]
Raleigh Regional Office[Laserfiche]

DocuSign Envelope ID:F2ODD89F-D40D-4C6C-8C85-063026B474D2
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0132 Region: Raleigh County: Johnston
Assessed Entity: Town of Benson Permit: NC0020389
❑ (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:
DWR Response:
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The permittee states that they have submitted a letter in March 2021 acknowledging
that the facility's flows for 2020 have exceed 80%of the permitted flow capacity. The Town states
that they experienced an increase inflow of nearly 17%in the 12-month average beginning in
February 2020 and that these increases are directly correlated to above average rainfalls and a
significant increase inflow from health and sanitation product manufacturing due to COVID-19. The
Town states that they have seen a decrease inflows over the past couple of months, with a record
average flow of less than 1.0 MGD in the month of April 2021. The Town states that they are
currently working to assess flows and operations at the facility through an EAA, and address
deficiencies in the collection system as identified by their Asset Management Plan, along with daily
work to address UI influences. The Town states that they have invested in their facilities and staff over
the past few years to ensure compliant operations and exceptional treatment of all flows, even during
high flow periods, such that reduced monitoring was granted in the recent NPDES permit renewal.
DWR Response:Effective 05.19.2021, the Town of Benson is under a sewer moratorium for
exceeding the 80%threshold for calendar year 2020. The average flow calculated for calendar year
2021 was 1.5646 MGD, and represented 82.3%of the current treatment capacity. In the months
following February 2021 (March—June 2021), the monthly average flow decreased each month.
❑ (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 ID:F2ODD89F-D40D-4C6C-8C85-063026B474D2
DECISION(Check One)
Request Denied 0
Full Remission 0 Retain Enforcement Costs? Yes 0 No 0
Original Penalty(without Enforcement Costs) $ 1000.00 (enter amount)
Partial Remission ® % 50 or $ (amount remitted)
Subtotal $ 500.00
Retaining Enforcement Costs $ 36.57
Total Revised Assessment $ 536.57
DocuSigned by:
9/8/2021
8328B44CE9EB4A1...
S.Daniel Smith Date

DocuSign Envelope ID:F2ODD89F-D40D-4C6C-8C85-063026B474D2
Nc0020389 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF JOHNSTON DWR Case Number LV-2021-0132
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF BENSON )
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 violation of the State Bar occurs.
This the day of ,20
SIGNATURE TITLE(President,Owner,etc.)
ADDRESS
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