NC0027103_LV-2019-0355_20191206

ROY *COOPER
ooiTnior
MICHAEL.S. BEGAN
Itoo,
LINDA CULPEPPER NORTH'CAROLINA
Director &Waihmental Quality
Certified Mail # 1013 0040 ODOD L17/1 2Dg7
Return Receipt Requested
December 06, 2019
Tyler Thomas, Manager
Town of Pembroke
POBox866
Pembroke, NC 28372
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0027103
Town of Pembroke
Pembroke WWTP
Case No. LV-2019-0355
Robeson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,628.28 ($1,500.00 civil
penalty + $128.28 enforcement costs) against Town of Pembroke.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Pembroke for the month of December 2018. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0027103.
The violations, which occurred in December 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Pembroke violated the terms, conditions or
requirements of NPDES WW Permit No. NC0027103 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
1 North Caa ina Department of =-nviranmental Quality I Dhasion of Water Resources
Fay=_ttevst'e Re ,onaI Dffa_a I ^.1' S s ra_=n Street, Sure 714 1 Fayett=ki e, North C:xo`:na -S301
niO-43a-33OO.

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, Mark Brantley,
Asst. Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against
Town of Pembroke:
$1,500.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0027103, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Flow, in conduit or thru
treatment plant
$1,500.00 TOTAL CIVIL PENALTY
$128.28 Enforcement Costs
$1,628.28 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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, please contact Hughie White or myself with the Division of Water Resources staff of the Fayetteville
Regional Office at [phone].
ATTACHMENTS
Cc: e
ronal_:_Of_fice��HW
Sincerely,
—DocuSigned by:
'—E4E1A9691DB24BE...
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0355
Assessed Party: Town of Pembroke
Permit No.: NC0027103
County: Robeson
Amount Assessed: $1,628.28
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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ROBESON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Pembroke
Pembroke WWTP
PERMIT NO. NC0027103
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2019-0355
Having been assessed civil penalties totaling $1,628.28 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 06, 2019, 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
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Pembroke
CASE NUMBER: LV-2019-0355
PERMIT: NC0027103 REGION: Fayetteville
FACILITY: Pembroke WWTP COUNTY: Robeson
LIMIT VIOLATION(S)
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
12/31/2018 12-2018 Flow, in conduit orthru Continuous mgd 1.33 1.553 16.8 Monthly $1,500.00
treatment plant Average
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Pembroke
Facility Name: Pembroke WWTP
Permit Number: NC0027103
County: Robeson
Case Number: LV-2019-0355
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; No lasting harm to the natural resources of the State, to the public health or any
damage to private property was reported due to this violation.
2) The duration and gravity of the violation; This violation had one violation for a monthly exceedance for flow that is
being assessed in this enforcement.
3) The effect on ground or surface water quantity or quality or on air quality; No observed effect on surface water
quantity or quality has been documented from this violation.
4) The cost of rectifying the damage; At this time, a cost cannot be determined.
5) The amount of money saved by noncompliance; It is not apparent that any money was saved from this non-compliance
event.
6) Whether the violation was committed willfully or intentionally; It is the opinion of the FRO that this violation was not
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; This facility has had no prior assessments within
the past twelve months.
8) The cost to the State of the enforcement procedures.
$128.28
12/18/2019
Date
pDocuSigned by:
Akio bratitui
`—E4E1A9691DB248E...
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

Lry°1- ?.019 03.
ROY COOPER
f4'[Ya07'
MICHAEL S. REGAN
serrerary
LINDA CULPEPPER
Dtrc ow
NORTH CAROLINA
Environmental Quality
Certified Mail # 7012 3050 0001 9398 3548
Return Receipt Requested
October 18, 2019
Tyler Thomas, Manager
Town of Pembroke
100 Union Chapel Rd
Pembroke, NC 28372
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0778
Permit No. NC0027103
Pembroke WWTP
Robeson County
Dear Permittee:
A review of the December 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Flow, in conduit or thru 12/31/2018 1.33 1.553 Monthly Average Exceeded
treatment plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
w.�awaw+.
North Ca roans Department of 'cr>o r3em_rtaf Quat.ly I Dx s rn of Water Re=purees
Fayette‘ae Reg:onst Cfifne 1225 Greets Street, Sate 714 I FayetteVole, North Catoina 23301
51Ds3S-3300

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Hughie White or myself of
the Fayetteville Regional Office at 910-433-3300.
Cc:
Sincerely,
—DocuSigned by:
—E4E1A9691DB248E...
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
North Ca rai ns Delartrrrat pi Ea�,"roll mental Quai.ty i D ns»n of Water Rescurbes
FeysttevA Regi.rta:Off+oe 1225 Grsem Street. Sala 714 I Fayettetit(e, North Catoiima 23301
91{3L33-3800

OFFICE OF THE MANAGER
V�Gl1 J2 Cy �e/1?Zt'4ed e
POST OFFICE BOX e66
PEMBROKE, NORTH CAROLINA
28372
November 13th, 2019
Mark Brantley
Assistant Regional Supervisor
NCDEQ / Division of Water Resources
225 Green Street, Suite 714
Fayetteville, NC 28301
Mr. Brantley,
MUNICIPAL BUILDING
100 SOUTH UNION CHAPEL ROAD
Please accept this resp.onse to your Notice of Violation dated October 18t1', 2019 and received by
the Town on November 8`h, 2019.
As you are well aware, weather events during 2018 produced record amounts of precipitation
across the nation, especially in North Carolina. During the 2018 calendar year, the Town and
region received an inordinate amount of rainfall. Per the National Weather Service, the Town
received over 60 inches of rain during the year, which is between 12 and 20 inches more than
typically observed. During this time period, the Town endured successive historic rainfall from
Hurricane Florence, Tropical Storm Michael and other significant rain events. These totals were
an aberration, saturated our water table and altogether contributed to the Town collectively
exceeding our monthly flow allowance during the month of December. During the past 6 months,
the Town is averaging a flow of about .70 MGD of the allowed 1.33 MGD.
The Town is also aware that portions of the Town's sewer collection system are either combined
with storm sewer or are experiencing infiltration. The Town recently completed an evaluation of
the Town's sewer system through the Asset Inventory and Assessment grant program offered
through DEQ / DWI and is working to address these issues system -wide.
Thank you for your attention to this letter; please let us know if we can be of further resource to
you regarding this Notice of Violation. which was an isolated event based on extenuating weather
circumstances.
Respectfully.
Tyler W. Thomas
Town Manager
PHONE [phone]B • FAX [phone]