NC0044725_Disciplinary Action_20070326

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
January 24, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Receipt # 7001 2510 0000 6683 4346
Mr. Gary T. Arnett
15301 Airport Road
Maxton, North.Caroline 28364
Subject: Notice of Show Cause Hearing
Administrative Code 15A NCAC 8G .0801
Gary T. Arnett, ORC, LMAC WWTP
NPDES NC0044725
Scotland County
Dear Mr. Arnett,
As a result of the recent SBI inquiry that was conducted on January 18, 2007 into the allegations of the mismanagement
of wastewater residuals, it has prompted serious areas of concern by this office. From the SBI inquiry, you have admitted
to purposely discharging wastewater residuals to the waters of the State of North Carolina. With this admission, we must
move forward with a "Show Cause Hearing". You are therefore requested 'to attend the "Show Cause Hearing" on
February 8, 2007, at which time the Fayetteville Staff of the Division of Water Quality, Surface Water Protection, would
like to offer you the opportunity to discuss these issues. This "Show Cause Hearing will take place at 10 am, in the 7th
fioor.conference room of the Division of Water Quality Offices located in the Systel Building, 225 Green St., Fayetteville,
North Carolina.
Please respond within 5 days of receipt of this letter to acknowledge your desire to discuss this matter.
If you fail to respond or do not show for the hearing, disciplinary action will proceed.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Don Register, Wastewater
Treatment Consultant, or myself at 910-433-3326.
Sincerely,
caLsitto )(M7A.6
Belinda S. Henson, Regional Supervisor
Cc: Jerry Rimmer, Training and Certification
One
NorthCirolina
Naturally
North Carolina Division of Water Quality 225 Green Street — Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]

POYNEROSPRUILLLLP
ATTORNEYS -AT -LAW
February 1, 2007
Belinda S. Henson, Regional Supervisor
NC Division of Water Quality
�
225 Green Street, Suite , l4
Fayetteville, NC 28301-5043
Re: Notice of Show Cause Hearing
Administrative Code-15A NCAC 8G 0801
Gary T. Arnett, ORC, LMAC WWTP
NPDES NC0044725
Scotland County
Dear Ms. Henson:
David W. Long
Attorney -at -Law
Direct Dial: 919.783.2808
[e-mail]
www.poynerspruill.com
Other offices: Charlotte, Rocky Mount.
Southern Pines
Your January 24, 2007 letter to Gary T. Arnett has been referred to me as his counsel for
a response. Mr. Arnett received this letter on January 27 and recently spoke with someone
within your office.
Mr. Arnett does not desire to discuss this matter on February 8, 2007 and does not contest
any action that may be taken.
Please direct your future correspondence to me and I will respond promptly to any
request for information or materials.
David W. Long
Cc: Gary T. Arnett
3600 Glenwood Avenue, Raleigh, NC 27612 • P.O. Box 10096, Raleigh, NC 27605.0096 • 919.783.6400 Tel • 919.783.1075 Fax _

MEMORY TRANSM I SS I ON REPORT
TIME : 07-11-2007. 15:21
TEL NUMBER :
NAME
FILE NUMBER : 676
DATE : 07-11 15:20
TO : 17043446846
DOCUMENT PAGES : 002
START TIME : 07-11 15:20.
END TIME : 07-11 15:21'
SENT PAGES : 002
STATUS : OK
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
G-'UJI
Postage
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or PO Box No.
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Mr. Gary T. A
15301 Airport Road
axton, NC 28364
rnett
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'S Form 3800, January 2001 (Reverse) 102595-01-M-10z

UNITED STATES POSTAL SERVICE
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NORTH CAROLINA DEPARTMENT OF
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MCPlEPOR 225 GREEN STREET —SUITE 714
FAYETTEVILLE, NC 28301-5043

ENDER: COMPLETE THIS SECTION
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I. Article Addressed to:
Mr. Gary T. Arnett :;!.•
15301 Airport Road
Maxton, NC 28364
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102595-02-M-1 54

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1618 Mail Service Center, Raleigh, NC 27699-1618
MAR 3 U 2GG
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Paul E. Rawls, Chairman
Water Pollution Control System Operators Certification Commission
March 15, 2007
CER'1114IED MAIL
RETURN RECEIPT REQUESTED
Mr. Gary T. Arnett
15301 Airport Road
Maxton, NC 28364
r .
Subject: Notice of Possible Disciplinary Action
Biological Grade 3 Certificate #13446 and Land Application Certification #13507
Dear Mr. Arnett:
This letter is to notify you that the Water Pollution Control System Operators Certification
Commission will convene a disciplinary advisory committee on Wednesday, April 11, 2007 at
2:00 p.m. in the Ashley House Conference Room at 219 East North Street in Raleigh, N.C. to
consider possible disciplinary action outlined in 15A NCAC 08G .0800.
This action is being considered because questions have been raised by the staff of the Surface
Water Protection Section in the Fayetteville Regional Office as to whether you have failed to use
reasonable care or judgment and may. have practiced fraud or deception in the performance of
your duties as Designated Operator in Responsible Charge for the Laurinburg-Maxton Airport
Commission Wastewater Treatment Facility, Permit NC0044725.
I have been informed that you chose not to attend a show cause meeting at the Fayetteville
Regional Office on February 8, 2007 to discuss these issues with the Surface Water Protection
Section staff.
Title 15A NCAC 8G .0802(d) states: "The operator shall have an opportunity to submit a written
response to the Chairman prior to the date of the advisory committee meeting. The operator shall
also be given the opportunity to make an oral statement before the advisory committee." An
excerpt of the regulations and G.S. 90A-41 are enclosed for your information. Should you desire
to provide a written response, please mail it to:
Chairman, WPCSOCC
Division of Water Quality
1618 Mail Service Center
Raleigh, NC 27699-1618"
This written response should be postmarked within 10 calendar days of receipt of this letter.
NolthCarolina
fENR JVatura!!y
Technical Assistance& Certification Unit Internet http://h2o.enr.state.nc.us/tacul
Telephone [phone] Fax [phone]
nr.,n n..-a...-. i+.....:..- n--a..

Mr. Arnett
Page 2 of 2
March 15, 2007
By this letter we are also notifying you that you may make an oral statement to the advisory
committee at the meeting on April 11, 2007. Further, be advised that you may have legal
representation at the meeting.
Please notify Jerry Rimmer, Supervisor of the Technical Assistance and Certification Unit, at
[phone] within ten (10) days of receipt of this letter if you will be present at the meeting,
whether or not you wish to make an oral statement and if you plan to have legal representation
during the meeting.
If you have any questions or need clarification, please contact Jerry Rimmer of our staff at (919)
733-0026.
Sincerely,
Paul E. Rawls
Chairman
Attachment
cc: (_Raleigh Regional -Office —
Frank Crawley
TACU Files

SECTION .0800 - DISCIPLINARY ACTIONS
15A NCAC 08G.0801 . GROUNDS FOR DLSCIPLINARYACTIONS
The Commission may take disciplinary actions, in accordance with Rule .0802 of this Section, against a certified
•operator for:
(1) practicing fraud or deception in the performance of duties;
(2) failure to use reasonable care or judgment in the performance of duties;
(3) failure to apply their knowledge or ability in the performance of duties;
(4) incompetence or the inability toy erform duties;
(5) supplying false information in order to obtain or maintain certification; or
(6) cheating on a certification examination.
History Note: Authority G.S. 90A-41;
Eff April 1, 1999;
Amended Ef December 1, 2006.
15A NCAC 08G.0802 DISCIPLINARY ACTIONS
(a) The Commission shall revoke or suspend the certification of an operator or issue a letter of reprimand to an
operator in accordance with the provisions of G.S. 90A-41; 150B-3 and this Rule.
(b) The Chairman of the Commission may issue notification of summary suspension, the intention to revoke or
suspend the certification of an operator or the intent to issue a letter of reprimand.
(c) The Chairman shall convene an advisory committee to review the circumstances of the proposed disciplinary
action(s).
(1) The advisory committee shall include at least: .
(A) the Chairman of the Commission;
(B) the Vice Chairman of the Commission;
(C) the member of the Commission who represents the type of system at which the operator
is employed or another member of the Commission appointed by the Chairman of the
Commission; and
(D) a certified operator appointed by the Chairman.
(2) The members of the advisory committee shall offer guidance to the Commission chairman in
regards to the actions that should be taken against an operator.
(d) Notification of the advisory committee meeting shall be sent by certified mail at least 15 calendar days prior to
the date of the meeting, to the last known address of the operator. This notification shall contain the alleged facts or
conduct upon which the proposed revocation or suspension of the certification or letter of reprimand is based.
(e) The operator shall have an opportunity to submit a written response to the Chairman prior to the date of the
advisory committee meeting. The operator shall also be given the opportunity to make an oral statement before the
advisory committee.
(1) Within 10 working days of the conclusion of the advisory committee meeting; the Chairman shall issue a
. decision. If this decision is to issue a revocation or suspension or a letter of reprimand, the Chairm= shall advise
the operator of the effective date of the action and the facts or conduct upon which the action is based. The
revocation or suspension of a certification or the letter of reprimand shall be delivered to the affected operator and
the owner of the system(s) at which the operator works by certified mail, at the last known address for the. operator

and owner on file with the Commission, at least 20 calendar days prior to the effective date of the revocation or
suspension or letter of reprimand.
(g) The revocation, suspension or letter of reprimand becomes a final Commission action if the operator does not
file a petition for a contested case hearing in the Office of Administrative Hearings as`provided in the Administrative
Procedure Act, G.S. 150B.
(h) If an applicant is caught cheating on an examination by a proctor of the examination, the applicant shall be
excused from the examination, the examination shall not be graded, the fee for the examination shall be forfeited by
the applicant and any other certification(s) held by the applicant with the Commission shall be subject to revocation
as set forth in G.S. 90A-41 and in this Rule.
(i) If the Commission determines, after the examination has been graded, that an applicant cheated on an
examination and certification has been conveyed to the applicant, the certification obtained through the examination
shall be revoked and any other certification(s) held by the applicant with the Commission shall be subject to
revocation as set forth in G.S. 90A-41 and in this Rule.
History Note: Authority G.S. 90A-40; 90A-41; 143B-300; 150E-23;
Eff. April 1, 1999;
Amended Ef December 1, 2006.
15A NCAC 08G.0803 CERTIFICATION FOLLOWING DISCIPLINARY ACTIONS
(a) An individual who has had certification revoked by the Commission shad petition the Commission for any new
certification sought and may not petition the Commission for such new certification sooner than two years after the
effective date of the revocation. Following the denial of eligibility for re -certification after relinquishment or
revocation, an operator must.wait one year before reapplying for certification.
(b) The following information must be included in the petition for certification:
(1) a written statement explaining the actions that the individual has taken to correct those problems
that lead to the revocation of the certification previously held with the Commission; and
(2) a statement that attests to the Commission that, upon obtaining certification, the individual shall
comply with all laws governing the proper operation of water pollution control systems.
(c) After submittal of the petition for certification, the petitioner may be required to appear before the Commission
at a regularly scheduled meeting. The petitioner shall be notified, by certified mail, of the date, time and location of
the meeting at least 15 calendar days prior to the meeting.
(d) Within 120. calendar days following receipt of a petition for certification, the Commission shall notify the
individual, in writing, of its decision to deny or grant examination eligibility in accordance with the procedures set
forth in Section .0500 of this Subchapter. Eligibility for certification shall be granted only if there is substantial
evidence that those conditions that lead to. the revocation of previous certification held by the petitioner have been
corrected. •
(e) Certification of an individual whose previous certification has been revoked shall occur only after the individual
sits for, and obtains a passing score on, an examination. Once approval is granted by the Commission for
certification after reviewing the petition for certification, the individual must submit an application, accompanied by
the appropriate examination fee, and meet the examination eligibility requirements for the type of certification being
sought as set forth in Section .0400 of this Subchapter. The individual must begin the certification process at the
lowest grade level offered for the type of certification sought. Operational experience accrued by the individual

prior to the revocation of any previously held certification(s) shall not be considered when determining the eligibility
of the individual for the examination
(f) Applicants for certification who were previously determined to be ineligible for certification due to supplying
false information to the Commission must follow the procedures set forth in Paragraphs (a) through (e) of this Rule
in order to obtain certification
History Note: Authority G.S. 90A-39; 90A-41; 150B-23;
Ef April 1, 1999;
Amended Eff. December I, 2006.
15A NCAC 08G.0804 CONTESTED CASE PROCEDURES
(a) Administrative hearings shall be held in accordance with G.S. 150B and the administrative hearing procedures
codified at 15A NCAC O1B .0200 et seq., are hereby incorporated by reference including any subsequent
amendments and additions.
(b) For information on obtaining a copy of 15A NCAC O 1B .0200, you may contact the Rules Division of the NC
Office of Administrative Hearings at [phone].
History Note: Authority G.S. 143B-300; 150B-23;
Ef April 1, 1999;
Amended Eff. December 1, 2006.

§ 90A-41. Revocation of certificate.
The Commission, in accordance with the procedure set forth in Chapter 150B of the
General Statutes, may suspend or revoke a certificate or may issue a written reprimand to
an operator if it finds that the operator has practiced fraud or deception; that reasonable
care, judgment, or the application of his knowledge or ability was not used in the
performance of his duties; or that the operator is incompetent or unable to properly
perform his duties. (1969, c. 1059, s. 3; 1973, c. 1331, s. 3; 1979, c. 554, s. 2; 1987, c..
827; s. 1; 1991, c. 623, ss: 1, 8.)
G.S. 90a-41.. : Page 1

POYNER N SPRUILLLLP
ATTORNEYS -AT -LAW
March 26, 2007
Chairman, WPCSOCC
Division of Water Quality
1618 Mail Service Center
Raleigh, NC 27699-1618
Re: Notice of Possible Disciplinary Action
Biological Grade 3 Certificate #13446 and Land Application
Certification #13507
Dear Sir:
David W. Long
Attorney -at -Law
Direct Dial: 919.783.2808
[e-mail]
www.poynerspruill.com
Other offices: Charlotte, Rocky Mount,
Southem Pines
Your March 15, 2007 letter to Gary T. Arnett has been referred to me as his counsel for a
response. Mr. Arnett received this letter on March 19, 2007.
Mr. Arnett does not desire to discuss this matter on April 11, 2007 and does not contest
any action that may be taken.
Please direct your future correspondence to me and I will respond promptly to any
request for information or materials.
Y
David W. Long
ECEOVE
MAR 2 8 1007 I
DENR - WATER QUALITY
SURFACE WATER PROTECTION SECTION
kALEIGH/026808-002/513929v1 03/26/2007
3600 Glenwood Avenue, Raleigh, NC 27612 • P.O. Box 10096, Raleigh, NC 27605.0096 • 919.763.6400 Tel • 919.783.1075 Fax