NC0021491_PC-2021-00655 Remission Factors Summary_20220419

DocuSign Envelope ID: 65CF3737-8644-45B9-A755-8B09780EF641
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS — Summary and Signature Page
Case Number: PC-2021-0055 Region: Winston-Salem
County: Davie
Assessed Entity: Town of Mocksville, Dutchmans Creek WWTP Permit: NC0021491
X n (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee Asserts [paraphrased]:
1) Mocksville is operating under permit effective in 2014 [2018 renewal in progress].
2) Mocksville submitted effluent pollution scans as required, attached to its 2018 renewal
Application 2A. DWR did not respond [immediately] to that application, therefore
Mocksville "ascertain[ed]" that the submittal was "satisfied."
3) DWR did not notify us that second -species WET tests were late until after Mocksville
submitted the 2018 application. Mocksville feels it is "not reasonable" for DWR to require
second -species tests without adequate notice; see WET -test instructions, Form 2A.
DWR Response:
Annual Effluent Priority Pollutant Scans are established in the Permittee's active 2014 permit
(WPCS Grade III POTW; flow 0.980 MGD) and thereby, Mocksville was required to submit
scans for the years 2015, 2016, and 2017 [see Section A. (1), footnote 7 and Section A. (3)].
Mocksville acknowledged that they could not produce valid analyses [email of 29Mar2021] and
agreed to a revised sampling schedule [email 17Sep2021]. In addition, Mocksville ignored the
requirement for multiple -species WET testing, as detailed in the instructions in Form 2A (quoted
by the Permittee). Mocksville's assertions are therefore invalid.
n (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Not asserted.
X n (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts:
Although the required Headworks (HWA-STMP) samples set [negotiated with DWR as a make-up
sample set] was timely collected in March, April, and July, the final set for October was delayed until
November due to staff COVID-related absences — therefore reported tardy in December 2021.
DWR Response:
DWR negotiated with Mocksville a schedule for a make-up sample set because Mocksville missed their
original deadlines. The Division issued the Civil Penalty Assessment (CPA) for violations, prior to
COVID 19, for missing the originally schedule sample set — not for the make-up sample set. Mocksville
did not mention COVID in their response to the CPA. DWR contends therefore that violations were not
inadvertent, and penalties related to the untimely submittal of the original Headworks HWA-STMP
were appropriately assessed.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
Not asserted
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Not asserted
NOTE: Blue X indicates a remission factor chosen by the Permittee. Remission discussions of these
penalties are based on Factors (a) and (c).

DocuSign Envelope ID: 65CF3737-8644-45B9-A755-8B09780EF641
Total Enforcement: $22,500.00 plus $210.54 costs = $22,710.54
DECISION (Check One)
Remission Denied X
Partial Remission ❑
Full Remission
❑ Retain Enforcement Costs?
No
Original Penalty (without Enforcement Costs) $22,500.00
Retaining Enforcement Costs +$210.54
Total Penalty $22,710.54
DocuSigned by:
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for Richard E. Rogers, Jr
[CPA Summary]
Based upon the Findings of Fact and Conclusions of Law, DWR made the following:
III. DECISION
Accordingly, the Town of Mocksville is hereby assessed civil penalties as:
4/11/2022
Date
1. $7,500.00 for 3 of 3 violation(s) of NPDES Permit No. NC0021491 Part 1, Section A.
(3.) by failing to conduct the required effluent pollutant scans in 2015, 2016 and 2017.
2. $2,500.00 for 1 of 1 violation(s) of 40 CFR 122.21(jx5Xv) by failing to conduct the
required whole effluent toxicity testing on a second species.
3. $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.
4. $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.
5. $22,500.00 TOTAL CIVIL PENALTY, authorized by G. S. 143- 215. 6A 210. 54
6. Enforcement Cost $210.54
7. $22,710.54 -- TOTAL AMOUNT DUE