NC0021491_Remission Request (LM-2021-0049)_20211229

December 16,2021
Mr.Lon T. Snider,Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ RECEIVED
Subject:Notice of Violation and Assessment of Civil Penalty -I' 2 9 2021
for Violations of North Carolina General Statute(G.S) 143-215.l(a)(6)
and NPDES WW Permit No.NC0021491
Town of Mocksville NCDEQIDWRINPDES
Dutchman Creek WWTP
Case No.LM-2021-0049
Davie County
Mr. Snider,
Thank you for allowing the Town of Mocksville the opportunity to respond to the Notice of Violation dated November
18,2021;received November 23,2021.Our response below pertains to the following violations that occurred during the
May 2021 monitoring period.Of concern were(4)BOD weekly average exceedances; (1)BOD monthly average
exceedance;(3)Ammonia Nitrogen weekly average exceedances;(1)Ammonia Nitrogen monthly average exceedance;
(2)Total Suspended Solids weekly average exceedances;(1)Total Suspended Solids monthly average exceedance;and
(1)missed monthly Total Cadmium sample.
As the Division is aware,the Town has a capital upgrade project that has been ongoing for several months,with the focus
being to improve the facility's solids handling capabilities and expand clarifier capacity. During the month of May 2021,
the clarifiers were in their final stages of completion and were in the process of being put into service.
One of the more pertinent problems at the Dutchman Creek WWTP has been the undersized Secondary Clarifiers and
unreliable pumps that support them.The clarifiers were subject to frequent"washouts"that resulted in BOD and TSS
violations.The renovation project included replacement of the clarifiers and pumping systems. Unfortunately,those
facilities were not yet in service during this violation.May 2021 was a particularly difficult month at the plant.There were
several equipment failures at the old clarifiers and return pump stations as these facilities finally reached the end of their
service.Connections to the new clarifiers occurred on May 26,2021 and the new systems were placed in service.Plant
performance since that time has been very good,as evidenced on the attached graphs.The only exceedance we know of
occurred when BOD exceeded weekly and monthly limits in July 2021,both due to a single high BOD exceedance event
on July 20.
Also in question was the omittance of a once-monthly Cadmium sample.During this period,a new operator was getting
acquainted with the system. Upon awareness,routine cadmium monitoring resumed.
We believe that the Town of Mocksville and Envirolink staff have aggressively responded to these issues and are
confident that upon completion of the construction that effluent quality will be greatly improved. It is always our goal to
remain in compliance with regulations set forth by the Division of Water Resources. It is our request that our cooperation
and action in these matters be taken into account by the Division when proceeding with enforcement.
Sincerely
en Gamble
Town of Mocksville
CC:
Todd Robinson,Envirolink
Joshua Powers,Envirolink

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2021-0049 County: Davie
Assessed Party: Town of Mocksville
Permit No.: NC0021491 Amount Assessed: $3,477.18
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. § I43B-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 penally assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(tire assessment factors are listed in the civil penalty assessment document);
x (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);
X (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:
As the Division is aware, the Town has a capital upgrade project that has been ongoing for several
months, with the focus being to improve the facility's solids handling capabilities and expand clarifier
capacity. During the month of May 2021, the clarifiers were in their final stages of completion and were in
the process of being put into service. One of the more pertinent problems at the Dutchman Creek WWTP
has been the undersized Secondary Clarifiers and unreliable pumps that support them. The clarifiers
were subject to frequent"washouts" that resulted in BOD and TSS violations. The renovation project
included replacement of the clarifiers and pumping systems. Unfortunately, those facilities were not yet in
service during this violation. May 2021 was a particularly difficult month at the plant. There were several
equipment failures at the old clarifiers and return pump stations as these facilities finally reached the end
of their service. Connections to the new clarifiers occurred on May 26, 2021 and the new systems were
placed in service. Plant performance since that time has been very good, as evidenced on the attached
graphs. The only exceedance we know of occurred when BOD exceeded weekly and monthly limits in
July 2021, both due to a single high BOD exceedance event on July 20.

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 ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Mocksville )
Dutchman Creek WWTP )
PERMIT NO.NC0021491 ) CASE NO. LM-2021-0049
Having been assessed civil penalties totaling$3,477.18 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated November 18,2021,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 /e7 4 day of S'/— ,20 Zr
„/// °SIGNATURE
RECEIVED ADDRESS
DEC 2 9 2021 /7/ �l cue/le S �.*
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NCDEQ/DWR/NPDES
TELEPHONE.
33 75,'-670