NC0021881_LV-2021-0178 Remission Decision_20211013

ROY COOPER t i,.te,,,i, ' .). §1"N
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Governor
ELIZABETH S.BISER -,
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 13`h, 2021
Mr. Damon Kempski
Town Manager
Town of Lake Waccamaw
PO Box 145
Lake Waccamaw, NC, 28450
Subject: Remission Request of Civil Penalty
Lake Waccamaw WWTP
NPDES Permit NC0021881
Case Number LV-2021-0178
Columbus County
Dear Mr. Kempski:
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Unfortunately, the Division received the request on August 24th, 2021, which is
after the allotted thirty (30) days from your receipt of the assessment. Therefore, the request for
remission cannot be accepted. Please find attached the originally submitted request for remission.
pleasecontact EmilyDelDuco at [phone] or
Ifyou have anyquestions about this matter,
via e-mail at [e-mail].
Sincerely,
4-1, A4„,,,,,14--
John Hennessy, Supervisor
Compliance& Expedited Permitting Unit
Division of Water Resources, DEQ
ec: Laserfiche
NPDES Program Files
Wilmington Regional Office
�D -.�_ North Carolina Department of Environmental Quality I Division of Water Resources
'�1�/ 512 North Salisbury Street 11617 Mail Service Center I Raleigh North Carolina 27699 1617
•....: /'�/ 919.707.9000

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ON THE SHORES OF NORTH CAROLINA'S LARGEST NATURAL LAKE •.� 11.11
P.O. Box 145 r ••
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Lake Waccamaw, North Carolina 28450(910) 646-3700 71- 40111.1tI►
[phone] Fax ��A Cyp%
email: [e-mail] Member N.C. League of Municipalities
August 15, 2021
NC DEQ/DWR RECEIVED
Wastewater Branch Division of Water Resources
AUG 242021
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 NCDEQ/DWR/NPDES
Subject:NOV Response
Case No. LV-2021-0178
Lake Waccamaw WWTP
NPDES Permit No. NC0021881
Columbus County
Dear Wastewater Branch,
The Town of Lake Waccamaw is in receipt of your NOV &Assessment of Civil Penalty dated
July 8, 2021. The NOV is for exceeding the weekly limit of Fecal Coliform at the effluent of our
WWTP. We are requesting that no civil penalty be assessed to the Town. We offer the
following comments in support of our request:
The Town of Lake Waccamaw surpassed its weekly fecal coliform limits on the week of April 3,
2021. The Town believes this was caused by a combination of two factors: On the first day of
testing, it was discovered that the gas chlorine cylinder was empty and needed to be changed
out. This caused a minor interruption in disinfection and resulted in a high fecal reading. On the
second day of testing fecal had to returned to less than weekly limits. On the third day, the
Town experienced significant rainfall which caused flow rates to increase and decreased
detention time which resulted in a high fecal reading. The Town's monthly average was well
within the limits set by the Towns permit and there was no economical damage caused.
We thank you for your consideration of this matter. If you have any questions or comments,
please call Kevin Powell at 910-646-3700.
Sincer ly,
Damon Kempski, Town a ager
Town of Lake Waccamaw

DocuSign nvelope ID 21ED6BOA-9FAA-4144-99CD-DF4041ABA9A6
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0178 County: Columbus
Assessed Part: Town of Lake Waccamaw
Permit No.: N0002188I Amount Assessed: $397.75
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.l(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document):
(b) the violator promptly abated continuingenvironmental damage resultingfrom the violation i.e., explain the
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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).
EXPLANATION:

DocuSign Envelope ID 21ED680A-9FAA-4144-99CD-DF4041ABA9A6
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Lake Waccamaw
Lake Waccamaw WWTP
PERMIT NO. NC0021881 ) CASE NO. LV-2021-0178
Having been assessed civil penalties totaling$397.75 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated July 08,2021.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.
This the I.5 day of ntA
2 21
SIGNATURE
ncrmVED
ADDRESS
HUB. : LU[1 V)55 rnir)9-on iDr.
NCDEQIDWRINPDES LQIcA. (,JQCCamat," NC,
28450
TELEPHONE
q1� - 3 700

ilx?uSign Envelope ID 21ED6B0A-9FAA-4144-99CD-DF4041ABA9A6
ATTACHMENT A
Town of Lake Waccamaw
CASE NUMBER: LV-2021-0178
PERMIT: NC0021881 REGION: Wilmington
FACILITY: Lake Waccamaw WWTP COUNTY: Columbus
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 001 •Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4,3/2021 4-2021 Coliform Fecal MF, 3 X week t 1 Orr,; 400 978 19 144 5 Weekly $250.00
MFC Broth 44 5 C Geometric
Mean
Exceeded