NC0021881_Remission Request (LV-2022-0038)_20210301

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ON THE SHORES OF NORTH CAROLINA'S LARGEST NATURAL LAKE
P.O. Box 145 l "�
Lake Waccamaw, North Carolina 28450 ! i
[phone] 'S' tI►
[phone] Fax w• 1*-
email: [e-mail] Member N.C.League of Municipalities
February 15, 2022 RECEIVED
NC DEQ/DWR MAR 01 2022
Wastewater Branch NCDEQ/pw�NP
Division of Water Resources DEs
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject:Remission Request
Case No. LV-2022-0038
Lake Waccamaw WWTP
NPDES Permit No. NC0021881
Columbus County
Dear Wastewater Branch,
The Town is in receipt of the NOV and assessment of civil penalty dated February 1, 2022 for
violations in September 2021 monthly discharge monitoring report. The Town offers the
following comments on the violation:
The Town exceeded its weekly Fecal Coliform limit on the week of 9-21-2021. The Town
believes this was caused by rainfall which elevated flows and shortened detention time at the
effluent. The Town received approximately four inches of rain that week.The Town was well
within its monthly limit for Fecal Coliform. Also, this violation did not result in any significant
environmental damage.
We thank you for your consideration of this matter. If you have any further questions or need
anything else, please call Kevin Powell at 910-770-2523.
n
Sincerely,
Damon Kempski, Town Manager
Town of Lake Waccamaw

DocuSign Envelope ID 9145E408-131A-49BA-937C-8AB35363346A
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0038 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NC0021881 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-282.1(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(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).
EXPLANATION: ;

DocuSign Envelope ID:9145E408-131A-49BA-937C-8AB35363346A
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-2022-0038
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 February 01, 2022,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 /a day of re br(Act ry
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ADDRESS
RECEIVED
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NCDEQIDWRINPDES
TELEPHONE
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DocuSign Envelope ID:9145E408-131A-498A-937C-8AB35363346A
ATTACHMENT A
Town of Lake Waccamaw
CASE NUMBER: LV-2022-0038
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
9/25/2021 9-2021 Coliform, Fecal MF, 3 X week #/100m1 400 2,420 505.0 Weekly $250.00
MFC Broth,44.5 C Geometric
Mean
Exceeded