NC0031828_PC-2020-0015 Remission Decission_20210924

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SIMI
ROY COOPER". �+ '� .
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH 'i*•
Director �.
NORTH CAROLINA
Environmental Quality
9/24/2021
CERTIFIED MAIL 7018 1830 0001 8037 0205
RETURN RECEIPT REQUESTED
Mr.Chad Braxton
Town of Vanceboro
P.O. Box 306
Vanceboro,NC 28586-0306
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Vanceboro WWTP
Craven County
PERMIT NO:NC0031828
CASE NO:PC-2020-0015
Dear Permittee:
I have considered the information submitted in support of your request for remission in the subject cases. In
accordance with NCGS 143-215.6A(f),I have found no cause to remit the original civil penalty assessment of
$2,100.
If you choose to pay the penalty,send payment to the letterhead address within thirty(30)days of receipt of this
letter. Please make the check 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 request for remission of the civil penalty(with supporting documents)and my recommendation to deny
the request will be delivered to the North Carolina Environmental Management Commission's(EMC)Committee
on Civil Penalty Remissions(Committee)for fmal agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets one or more
of the five statutory factors you were asked to address,you must complete and return the attached form within
thirty(30)days of receipt of this letter. Please mail the completed form to:
Emily Phillips
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

DocuSign Envelope ID:FF900241-3C61-459B-B721-BD1AE9CD1ED7
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.
If you have any questions,please contact Emily Phillips via e-mail at [[e-mail]]. Thank
you for your cooperation in this matter.
Sincerely,
Docuslpned by:
8328B44CE9EB4A1...
S. Daniel Smith
Director,Division of Water Resources
cc: Enforcement File#: PC-2020-0015
Robert Tankard-WaRO Files

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DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2020-0015 Region:WaRO County: Craven
Assessed Entity: Vanceboro WWTP Permit: NC0031828
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:After realizing the sludge,the Town contacted John's Electric Service,who worked to
resolve the problem on 2/18/20 and 2/19/20.The Operator indicated bypass was noticed over 24 hours
from when it happened,and not reported.
DWR Response:The sludge spill was identified during an unannounced site visit on February 19,
2020. The spill appeared to have occurred well before the inspection date and left unabated for an
extended period of time. Part of the sludge spill extended off-site. During the original site visit,
facility staff suggested that the material on the ground was clay. The permittee's response indicates
that they corrected the electrical problem that the sludge spill was attributed to,but does not provide
clarification on whether the spilled sludge was promptly cleaned up or not. As such,the response
does not summarize whether any action was truly taken to abate continued environmental impacts
from the spill. (b)is not considered applicable given the response and position that the sludge
spill is viewed as having occurred well before the site visit and the provided response does not
address the issue.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: During the income of influent flow to the Town's treatment plant,the effluent pump
controls failed to come on,which caused overflow to occur in the effluent portion of the facility.The
sludge was present on the grounds of the effluent portion of the facility,during an inspection on 2/19/20
by WaRO.
DWR Response:The permittee reports that the electrical problem that caused the sludge spill was
inadvertent.The cause of the spill may be viewed as inadvertent. However,the lack of initial
response to clean-up the spill is not considered inadvertent or accidental.As such,(c)is not
considered applicable.
DECISION(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes© No❑
Original Penalty(without Enforcement Costs) $ 2,000 (enter amount)
Partial Remission ❑ % or$ (amount remitted)
Subtotal $ 2,000
Retaining Enforcement Costs $ 100
Total Revised Assessment,-DocuSigned by: $ 2,100
9/24/2021
\--8328B44CE9EB4A1...
S. Daniel Smith Date

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Mayor Chad Braxton
Alderman Stephen Belrose
� ' �i-
'�a .N � Alderman Keith Cannon
J Alderman Thad Jones
•
Alderman Todd McMillen
Town Clerk Beverly Drake Alderman Dennis Smith
j
RECEIVED
August 12, 2020 AM 1 7 1020
NCDEQ/DWRINPDES
Mr. Robert Tankard, Assistant Regional Supervisor
9 P
Water Quality Regional Operations Section
NCDEQ/DWR/Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Re: Notice of Violation & Assessment of Civil Penalty #PC-2020-0015
Vanceboro WWTP Permit#NC0031828
Dear Mr. Tankard:
In response to your Notice of Violation and Assessment of Civil Penalty on July 21st, the Town of
Vanceboro strives to maintain compliance with all permit requirements: however, we were in violation
during our inspection of the effluent portion of the facility:
• Sludge present on the grounds of the effluent portion of the facility.
During the income of influent flow to The Town of Vanceboro Wastewater Treatment Plant, the
effluent pump controls failed to come on which caused an overflow to happen in the effluent portion of
our facility. Upon discovery of this issue we contacted John's Electric Service, which spent six (6)
hours on February 18, 2020 and four (4) hours on February 19, 2020 working on the problem. We
have attached a copy of the invoice showing the repair on the effluent pump controls
Based upon the expedient response to having this issue resolved. The Town of Vanceboro asks for
leniency in regards to the violation penalty of $2,100.00. If you should have any questions. or need
additional information, please do not hesitate to call.
Sincerely,
1Otick
Chad E. Braxton
Mayor

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_;"450
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ti r @
ROY COOPER li `
Governor ti�
MICHAEL S.REGAN \. w etw• . J
Secretary ,� p.�„ ,.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail#7018 1830 0000 9509 9338
Return Receipt Requested
July 21,2020
Chad Braxton
Town of Vanceboro
PO Box 306
Vanceboro,NC 28586-0306
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0031828
Town of Vanceboro 1
Vanceboro WWTP
Case No. PC-2020-0015
Craven County
Dear Mr. Braxton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,100.00($2,000.00 civil penalty
+$100.00 enforcement costs)against Town of Vanceboro.
This assessment is based upon the following facts: an inspection of the Vanceboro WWTP was conducted on February 19,
2020. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations
specified in NPDES WW Permit No.NC0031828.This inspection has shown the subject facility to be in violation of the
conditions and limitations found in NPDES WW Permit No. NC0031828.The violations found during the inspection are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Vanceboro violated the terms,conditions or
requirements of NPDES WW Permit No.NC0031828 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).
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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, I, Robert Tankard,Assistant
Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Town of
Vanceboro:
$2,000.00 For I of the 1 violations of the conditions and limitations specified in Permit No.NC0031828 .
$2,000.00 TOTAL CIVIL PENALTY
$100.00 Enforcement Costs
$2,100.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was 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; and
(8) 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
form). 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

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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. 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. 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:
(I) whether one or more of the civil penalty assessment factors in NCGS 143 B-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 be 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 will provide details regarding the case 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,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that you 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

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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
a filingfee is required byNCGS §150B-23.2) is received in the
the signed original,one(1)copy and a filing fee(if q
Bn
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
date/time received stamp(not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Paul Mays with the Division of Water Resources staff of the Washington
Regional Office at(252)948-3940 or via email at [e-mail].
Sincerely,
gotocoil T,c4., 4
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

DocuSign Envelope ID:FF900241-3C61-459B-B721-BD1AE9CD1ED7 •
JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2020-0015 County: Craven
Assessed Party: Town of Vanceboro
Permit No.: NC0031828 Amount Assessed: $2,100.00
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 five 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. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
Y (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future 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 for);
(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., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
I j
EXPLANATION:

DocuSign Envelope ID:FF900241-3C61-459B-B721-BD1AE9CD1ED7
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND RECEIVED
) STIPULATION OF FACTS
Town of Vanceboro )
AUG 1 7 1020
Vanceboro WWTP ) NCDEQ/DWRJNPDES
PERMIT NO.NC0031828 ) CASE NO. PC-2020-0015
Having been assessed civil penalties totaling$2,100.00 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated July 21,2020,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)days
from the receipt of the
notice of assessment. j�
This the d� day of /'(�, ,� us+ ,20 DO
.
SIGNA URE
ADDRESS
P: 0 . boy, 3O LQ
Vanceboro 1_
TELEPHONE
a5a - aqq -o1 )q

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ATTACHMENT A
Town of Vanceboro
CASE NUMBER: PC-2020-0015
PERMIT NO: NC0031828 REGION: Washington
FACILITY: Vanceboro WWTP COUNTY: Craven
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT
2/19/2020 Operations&Maintenance Violation detected during Sludge present on the grounds of the $2 000 00
inspection effluent portion of the facility Operator
indicated bypass was noticed over 24
hours ago and not reported

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Thank You!
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