NC0021491_PC-2021-0055_20211215

ROY COOPER '' i
Governor ` or \'' /"
ELIZABETH S.BISER
Secretary fti "'oi
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 15, 2021
CERTIFIED MAIL 7018 1830 0001 8037 0298
RETURN RECEIPT REQUESTED
Will Marklin, Mayor
Town of Mocksville
171 S Clement St
Mocksville,NC 27028
SUBJECT: Assessment of Civil Penalties
for Violations of NPDES Permit Conditions
NPDES Permit NC0021491
Dutchman Creek WWTP
Case Number: PC-2021-0055 I
Davie County
Dear Mr. Marklin:
This letter transmits a notice of a civil penalty assessed against the Town of Mocksville in the amount of
$22,710.54($22,500.00 civil penalty+$210.54 in enforcement costs).
This assessment is based upon the following facts:
The Town of Mocksville has violated multiple conditions of NPDES Permit NC0021491 and failed to submit
toxicity testing results for a secondary species, which is required by 40 CFR 122.21(j)(5)(v).
The State's enforcement costs in this matter may be assessed against the Town of Mocksville pursuant to
NCGS. 143-215.3(a)(9)and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that the Town of Mocksville violated the terms,
conditions or requirements of NPDES Permit NC0021491 in the manner and extent shown above. In
accordance with the maximums established byG.S. 143-215.6A a 2 a civil penaltymaybe assessed against
O( ), g
any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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
hereby make the following civil penalty assessment against the Town of Mocksville:
$ 7,500.00 For 3 of 3 violation(s)of NPDES Permit No.NC0021491 Part I, Section A. (3.)by
failing to conduct the required effluent pollutant scans in 2015, 2016 and 2017.
$2,500.00 For 1 of 1 violation(s)of 40 CFR 122.21(j)(5)(v)by failing to conduct the required
whole effluent toxicity testing on a second species.
$10,000.00 For 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV, Section D. (3)by
failing to implement a Division-approved Monitoring Plan.
DE - 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
NORTH
l eU,,*. /'" 919.707.9000

$2,500.00 For 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV, Section D. (4.)by
failing to submit a Headworks Analysis for Division approval within the required
timeframe.
$ 210.54 Enforcement Costs
$22,710.54 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I 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 days of receipt of this notice,you must do one of the following:
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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-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 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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 original and one(1)copy of the petition must be filed
with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of
the document is received in the Office of Administrative Hearings within five(5)business days following the
faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile:[phone]
AND
Mail or hand-deliver a copy of the petition to:
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 about this letter,please contact Sydney Carpenter at(919) 707-3712 or via e-mail at
[e-mail].
Sincerely,
DocuSigned by:
Polarf
8FB19B649DD2478...
Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources,NC DEQ
cc: NPDES Enforcement File: PC-2021-0055—Laserfiche
Winston-Salem Regional Office—Laserfiche

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF DAVIE
)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF MOCKSVILLE ) STIPULATION OF FACTS
DUTCHMAN CREEK WWTP )
)
PERMIT NO.NC0021491 ) FILE NO. PC-2021-0055
Having been assessed civil penalties totaling $22,710.54 for violation(s) as set forth in the
assessment document of the Division of Water Resources,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 day of ,20
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2021-0055 County: Davie
Assessed Entity: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $22,710.54
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);
❑ (b) the violator promptly abated continuing environmental damage resulting from the violation(Le., 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 (Le.,
explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Mocksville—Dutchman Creek WWTP
County: Davie
Case Number: PC-2021-0055
ASSESSMENT FACTORS
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;
The degree and extent of the harm of the violation cannot be determined as the absence of sampling and a
monitoring plan precludes us from knowing the extent of the scope and magnitude of the pollutant loading to
the receiving stream.
2) The duration and gravity of the violation;
The duration of the violation extended from 2015 to 2021.The gravity of the violation is unknown,as the
a'Dsence of appropriate sampling,the lack of implementation of a Division-approved monitoring plan,and an
improperly implemented pretreatment program prevent us from accurately quantifying the gravity of the
violation.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality cannot be determined due to the absence of required sampling and an improperly
implemented pretreatment program.
4) The cost of rectifying the damage;
Unknown—Since the effluent pollutant scans and whole effluent toxicity testing were not performed, it is
difficult to quantify the exact extent of the damage and therefore the cost to rectify it. This cost would
include the development and implementation of a Division-approved monitoring plan.
5) The amount of money saved by noncompliance;
The delayed cost associated with the effluent pollutant scans,whole effluent toxicity testing,Headworks
Analysis,and Division-approved monitoring plan.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was willful or intentional,however the facility has been grossly
negligent in resolving the known issues.
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
Permittee has had multiple permit limit violations for BOD from 2017 to 2021,along with other limit and
monitoring violations. There are 13 other enforcement cases on record from 2002-2015.
LM-2021-0049 for violations in May 2021: Cadmium, Monitoring; BOD,TSS,Ammonia, Limit—unpaid
LV-2021-0246 for violations in Oct 2020: BOD—unpaid
LV-2021-0169 for violations in Aug 2020: BOD, Fecal—unpaid
LV-2021-0113 for violations in June 2020:BOD—paid
LV-2021-0112 for violations in July 2020: BOD—paid

•LV-2020-0367 for violations in March 2020: BOD,TSS—paid
8) The cost to the State of the enforcement procedures.
$210.54
DocuSigned by:
12/15/2021 PDI Art
L9DD2478...
Date Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources,NC DEQ

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF DAVIE
IN THE MATTER OF ) CASE NO. PC-2021-0055
TOWN OF MOCKSVILLE )
DUTCHMAN CREEK WWTP ) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO.NC0021491 )
Acting pursuant to North Carolina General Statute(G.S.) 143-215.6A,I,John Hennessy,of the Division of
Water Resources(hereby known as DWR),make the following:
I. FINDING OF FACT
A. The Town of Mocksville is a person organized and existing under the laws of the State of North
Carolina.
B. On October 6,2014,the Town of Mocksville was issued NPDES Permit Number NC0021491
effective November 1,2014,for the operation and maintenance of a wastewater treatment plant
located at the Dutchman Creek WWTP,with the discharge of treated effluent into Dutchman
Creek,classified as C waters in the Yadkin Pee-Dee River Basin,in accordance with the
provisions of Article 21 of Chapter 143,General Statutes of North Carolina.
C. On February 26,2019,Deborah Gore of the Division of Water Resources(DWR)contacted the
pretreatment coordinator for the Town of Mocksville and informed them of the following:
• The Headworks Analysis(HWA)was originally due on September 30,2019.
• A subsequent demand was made by DWR that the HWA be submitted no later than
December 1,2020 in order to include discharge from a Significant Industrial User(SIU).
I). On February 26,2021,representatives of the Town contacted DWR and stated the following:
• They were not informed or aware of the pretreatment process.
• None of the Headworks Analysis(HWA)sampling required in their Short Term Monitoring
Plan(STMP)had occurred.
E. On March 11,2021,Michael Montebello and Kristin Litzenberger of DWR met with the
contractor with the Town to discuss the HWA, including the data already gathered and the
sampling plan for 2021.DWR reviewed the proposed sampling plan for the missing data and
made another demand for the HWA to be submitted,with a deadline of November 30,2021.
F. On March 17,2021,Nick Coco of DWR requested the Town of Mocksville submit the
following items:
• Whole effluent toxicity testing on a second species
• Effluent scans for the years 2015,2016,and 2017
G. On March 23,2021,representatives of the Town contacted DWR, stating that they did not
believe a second species test has been completed.

H. On March 29,2021,representatives of the Town responded to Nick Coco of DWR, stating that
they contacted their lab and were unable to find any effluent pollutant scans for 2015,2016,and
2017.
On September 7,2021,DWR issued a Notice of Violation-Notice of Intent to Enforce(NOV-
2021-PC-0418)to the Town of Mocksville for multiple violations of NPDES Permit
NC0021491 and the permit renewal application.
J. On September 17,2021,DWR received a letter from the Town of Mocksville in response to the
Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),explaining the
following:
"A Division-approved revised sampling plan was executed by Mr.Nicholas Coco of
NCDEQ-DWR's NPDES Municipal Permitting Unit in April of 2021 to address a lapse
in the 2017 NPDES permit renewal process. The expedited plan requires that(3)
Effluent Pollutant Scans be taken in the months of April,August,and December of
2021;and that(4) Secondary Species tests be conducted with each upcoming routine
toxicity sampling event,as determined by Ms.Cindy Moore,Aquatic Toxicology
Branch,NCDEQ-DWR.A concurrent revised Headworks Short Term Monitoring Plan
was developed in March of 2021, in collaboration between Envirolink Staff,Ms.Kristin
Litzenberger,and Mr. Michael Montebello of the NPDES Municipal Permitting Unit,
NCDEQ-DWR, Winston-Salem Division.
The sampling requirements as part of the original Headworks Analysis Short Term
Monitoring Plan(HWA-STMP)were not met within the required time fame. Quarterly
HWA sampling initially had a scheduled completion date of December 2020; with
sampling to begin in the 4th quarter of 2019. The former designated pretreatment
program coordinator was notified via email by Ms.Deborah Gore,NCDEQ-DWR,
PERCS Unit Supervisor on 2/26/2019 of the upcoming HWA sampling requirements.
The individual responsible for pretreatment program coordination and for the NPDES
permit renewal process left the company shortly after,and to the best of our knowledge,
no relevant parties were informed of the original short-term monitoring requirements as
presented by Ms.Gore;nor of the status of the permit renewal. This lapse in
communication resulted in the above monitoring delays.
The revised HWA-STMP stipulates that the sampling requirements established in the
original STMP are to be taken in the months of March,April,July,and October of
2021.Thus far,the expedited sampling plan has been adhered to as required.The final
sample set will be collected this upcoming October.The remaining components of the
Pretreatment Annual Report(PAR)are otherwise complete and were submitted to the
NPDES Municipal Permitting Unit on 3/5/2021.An effluent pollutant scan was
conducted on April 8,2021;however,due to inadvertent delays,the effluent pollutant
scan testing for August has been rescheduled.Arrangements have been made for the
second effluent pollutant scan to be collected during the week of September 20-24,
2021.The fmal test will be conducted in December of 2021. Secondary Species testing
is scheduled to begin the week of October 4t."
K. On September 22,2021,DWR received an additional letter from the Town of Mocksville as a
revised response to the Notice of Violation-Notice of Intent to Enforce(NOV-2021-PC-0418),
explaining the following:
"The purpose of this memorandum is to inform the review of an amendment we have
made to the response letter submitted on September 17,2021.

The original response states that the Effluent Pollutant Scan testing required for the
August 2021 period had not been met within the required time frame.According to an
update received on September 20,2021,an Effluent Pollutant Scan was completed on
August 25,2021."
L. On December 13,2021,the Division confirmed with the Municipal Permitting Unit that the
Headworks Analysis had still not been submitted.
M. NPDES PERMIT NO.NC0021491 contains the following permit conditions:
NPDES Permit NC0021491 Part I. Section A. (3.)Effluent Pollutant Scan
The Permittee shall perform a total of three(3)Effluent Pollutant Scans for all parameters listed
below.One scan must be performed in each of the following years: 2015,2016,and 2017.
Analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently
sensitive to determine whether parameters are present in concentrations greater than applicable
standards and criteria. Samples should be collected with one quarterly toxicity test each year,
and must represent seasonal variation [i.e.,do not sample in the same quarter every year].
Unless otherwise indicated,metals shall be analyzed as"total recoverable"...
NPDES Permit NC0021491 Part IV. Section D.(3.)Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of
facility specific data to be used in a wastewater treatment plant Headworks Analysis(HWA)for
the development of specific pretreatment local limits.Effluent data from the Plan shall be
reported on the DMRs(as required by Parts ILD and II.E.5.). [15A NCAC 02H.0903(b)(16),
.0906(b)(3)and .0905]
NPDES Permit NC0021491 Part IV. Section D.(4.)Headworks Analysis(HWA)and Local
Limits
The Permittee shall obtain Division approval of a HWA at least once every five years,and as
required by the Division.Within 180 days of the effective date of this permit(or any subsequent
permit modification)the Permittee shall submit to the Division a written technical evaluation of
the need to revise local limits(i.e.,an updated HWA or documentation of why one is not
needed) [40 CFR 122.44].The Permittee shall develop, in accordance with 40 CFR 403.5(c)
and 15A NCAC 02H.0909, specific Local Limits to implement the prohibitions listed in 40
CFR 403.5(a)and(b)and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H
.0903(b)(10), .0905,and .0906(b)(4)]
N. 40 CFR 122.21(j)(5)(v)contains the following requirement:
(v)Applicants must conduct tests with multiple species(no less than two species;e.g.,fish,
invertebrate,plant), and test for acute or chronic toxicity,depending on the range of receiving
water dilution...
O. A DWR file review confirmed that the Town of Mocksville is not allowed as a condition of any
permit, special order,or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article to violate water quality standards applicable to an assigned
classification or to violate any effluent standard, limitations,permit conditions,or
rules/regulations established for any point source.
P. The cost to the State of the enforcement procedures in this matter totaled$210.54.

Based upon the above Findings of Fact,I make the following:
II. CONCLUSION OF LAW
A. The Town of Mocksville is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The Dutchman Creek located at the site constitutes waters of the State within the meaning of
G.S. 143-212(6).
C. The Town of Mocksville was issued NPDES Permit No.NC0021491 in accordance with G.S.
143-215.1(a)for the operation and maintenance of a wastewater treatment plant and the
discharge of wastewater in compliance with permit limits and conditions.
D. The Town of Mocksville violated NPDES Permit NC0021491 Part I, Section A.(3.)by failing to
conduct the required effluent pollutant scans in 2015,2016 and 2017.
E. The Town of Mocksville violated 40 CFR 122.21(j)(5Xv)by failing to conduct the required
whole effluent toxicity testing on a second species.
F. The Town of Mocksville violated NPDES Permit NC0021491 Part IV, Section D.(3)by failing
to implement a Division-approved Monitoring Plan.
G. The Town of Mocksville violated NPDES Permit NC0021491 Part IV, Section D.(4.)by failing
to submit a Headworks Analysis for Division approval within the required timeframe.
H. The Town of Mocksville may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2),which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000)per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms,conditions,or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
I. The State's enforcement cost in this matter may be assessed against the Town of Mocksville
pursuant to G.S. 143-215.3 (aX9)and G.S. 143B-282.1(b)(8).
J. John Hennessy of the Division of Water Resources,pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION
Accordingly,the Town of Mocksville is hereby assessed a civil penalty of:
$ 7,500.00 for 3 of 3 violation(s)of NPDES Permit No.NC0021491 Part I, Section A.(3.)by
failing to conduct the required effluent pollutant scans in 2015,2016 and 2017.

$ 2,500.00 for 1 of 1 violation(s)of 40 CFR 122.21(j)(5)(v)by failing to conduct the required
whole effluent toxicity testing on a second species.
$ 10,000.00 for 1 of 1 violation(s) of NPDES Permit No.NC0021491 Part IV, Section D. (3)by
failing to implement a Division-approved Monitoring Plan.
$ 2,500.00 for 1 of 1 violation(s)of NPDES Permit No.NC0021491 Part IV, Section D. (4.)by
failing to submit a Headworks Analysis for Division approval within the required
timeframe.
$ 22,500.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 210.54 Enforcement Cost
$ 22,710.54 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set out in
G.S. 14313-282.1(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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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.
DocuSiyned by:
12/15/2021 Peolrif
8PB,ogaAGOCW78
Date Jeff Poupart
Water Quality Permitting Section Chief
Division of Water Resources