NC0020656_Remission Decision (LV-2021-0206)_20211011

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Governor C;
ELIZABETH S.BISER �?
Secretary ^`°
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 11, 2021
CERTIFIED MAIL #7016 2140 0000 4371 2466
RETURN RECEIPT REQUESTED
Mr. Charles Nichols
City of Laurinburg
PO Box 249
Laurinburg,NC, 28353-0249
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Leith Creek WWTP
Permit NC0020656
Case LV-2021-0206
Scotland County
Dear Mr. Nichols:
The Division has considered the information submitted in support of your request for remission
in the subject cases. In accordance with NCGS 143-215.6A(f),the Division has found no cause
to remit the original civil penalty assessment of$1,628.28.
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 final 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:
Ms. Emily Richards
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
D E Q 512 NorthNorth Carolina Department1 of EnvironmentalMail Center I Raleigh,Quality I Division of WaterNorthCarolina Resou276rces
Salisbury Street 1617 Service 99 1617
CAR A OLRJ
a � / s 919.707.9000

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 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.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Emily Richards at(919) 707-9125 or [e-mail].
Sincerely,
I 4LI-9 lie--140tABliK
S. Daniel Smith
Director, Division of Water Resources
ec: Laserfiche
Fayetteville Regional Office
Central Files
_E North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh North Carolina 27699 1617
04Z ft\ /', 919.707.9000

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SCOTLAND DWQ Case Number LV-2021-0206
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
CITY OF LAURINBURG )
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
TELEPHONE( )
D E Q' NorthNorth Carolina DeSalisburypartmentStreet of
1617 EnvironmentalMailServiceCenter I Raleigh,Quality I Division of WaterNorthCarolina Resou27rces
512 699 1617
e.' 919.707.9000

DocuSign Envelope ID:9BC55AB1-32DF-4A68-9D37-D47F315883AF
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0206 Region: FRO County: Scotland
Assessed Entity: City of Laurinburg Permit: NC0020656
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
• For the month of February 2021, we exceeded our monthly flow average of 4MGD due to
excessive amounts[of rain]starting in November 2020 thru February 2021 (22.35 in).
• At this time, the City of Laurinburg requests your leniency in assessing any civil penalties as the
City is actively pursuing repairs in this area. Likewise, we anticipate ongoing testing and repair
work over the course of the next few years as the City works diligently to correct our ongoing
infiltration and inflow problems.
DWR Response:
• DWR agrees that the area did receive above normal rainfall. However, the penalty was applied
according to guidelines. In the permittee's response, they state they have received study grants but
no actual repair work has been performed. Facility has experienced flow violations in the past
along with SSO's in the collection system. Facility has also had by-passes at the WWTP due to
high flows.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied El
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty(without Enforcement Costs) $ (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $1,500.00
Retaining Enforcement Costs $128.28
Total Revised Assessment $1,628.28
p-DocuSigned by:
10/1/2021
`-8328B44CE9EB4A1...
S.Daniel Smith Date