NC0042251_Remission Decision (LM-2022-0038)_20221107

DocuSign Envelope ID:6D91D897-FC9D-4295-8E8C-F83816806B29 7�.,
,Aft
ROY COOPER % !cA),
Governor s (�, fl--1 -sf' 4
ELIZABETH S.BISER �.� ' S"
9 �/
Secretary '!
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
CERTIFIED MAIL# 10/18/2022
7019 1120 0001 4877 5393
Mr. Steven Hill
Pender County Board of Education
925 Penderlea Highway
Burgaw,NC 28425
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Pender High School WWTP
Permit NC0042251
Cases: LM-2022-0038
Pender County
Dear Mr. Hill:
The Division has considered the information submitted in support of your request for remission
in the subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause
to remit the original civil penalty assessments for enforcement case number LM-2022-0038
($1,178.06).
If you choose to pay these penalties, send payment to the letterhead address within thirty(30)
days of receipt of this letter. Please make the check payable to NC DEQ.
If payment is not received within thirty(30) days of receipt of this letter, in accordance with
NCGS § 143-215.6A(f),your request for remission of the civil penalties (with supporting
documents) and my recommendation to deny the requests will be delivered to the North Carolina
Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission
meets one or more of the five statutory factors you were asked to address, you must complete
and return the attached form within thirty(30) days of receipt of this letter. Please mail the
completed form to:
Emily Richards
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
D
—� North Caro Department of ronm QtCent Division of
512 North Salisburylina Street 11G11Envi Mail Serventalice CenterI I Raleigh,NoWaternh CarolinaResources 27699-1611
f.CRtl l CAW)
.NA 919.707.9000
spertmml of Dramme W onuty

DocuSign Envelope ID:6D91 D897-FC9D-4295-8E8C-F53816806B29
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,please
contact Emily Richards at [e-mail].
Sincerely,
DDocuSigned by:
1 (�
7L [ r 9»a.!
8328B44CE9EB4A1...
Richard E. Rogers, Jr.
Director, Division of Water Resources
Attachments: DWR Civil Assessment Remission Factor Sheet&
Request for Oral Presentation Sheet
cc: Enforcement File
Wilmington Regional Office
Central Files
North Carolina Department of Environmental Quality I Division of Water Resources
Q4, 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
M1,-71 cAR�I NA 919.707.9000
DeatlLnpld[M WOuAL�

DocuSign Envelope ID:6D91D897-FC9D-4295-8E8C-F83816806B29
DIVISION OF WATER RESOURCES
'CIVIL PENALTY REMISSION FACTORS
•
Case Number: LM-2022-0038 Region: = WiRO County: Pender
Assessed Entity: Pender County Board of Education/Schools Permit: NC0042251
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
• (b) Whether the violator promptly abated continuing environmental damage resulting
- from the violation:
Permittee States:
`'As you are aware, Pender. County School District, with-the assistant from Dean Hunkele, as well as the
Pender County Health Department, has been diligently working to identify and correct the treatment
•
issues at the Pender County High School for some time. -
After meeting with Mr. Hunkele in February the suggestion was made as to whether Or not to sample;
considering the samples would be out of compliance or to not sample at all and still remain out of
- compliance.As you can see from the violation when we-did sample for fecal; we were still unable to
maintain compliance. I have included the email from Mr. Hunkele in reference to the priority of sampling
versus non-compliant samples. I have also included the June samples for review.
We continue to strive to maintain compliance at this system.
We have been in discussions with the Operator, as well as NC DEQ-coordinating activities to restore
compliance to this facility."
•
DWR Response:
• WIRO acknowledges that the Pender County School District has been working to identify and correct issues at
the Pender High School plant. In the:email communication provided, it appears Mr.Hunkele may have advised
the permittee incorrectly regarding the choice to skip sampling events rather than collect samples that would
likely be in violation. The email, however, is clear that failure to monitor would still be a violation.Monthly
monitoring and reporting are requirements of the permit whether the plant is having treatment issues or not.
The permittee knowingly violated this permit requirement. Therefore,DWR does not support remission of any
penalties for these frequency violations.DWR recommends no remission for the daily and monthly fecal limit
violations, which have been ongoing.
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:

DocuSign Envelope ID:6D91D897-FC9D-4295-8E8C-F83816806B29
DECISION(Check One)
Request Denied El
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty(without Enforcement Costs) $ (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $1,037.50
Retaining Enforcement Costs $140.56
Total Revised Assessment $1,178.06
DocuSigned by:
1V:
<.___.
8328B44CE9EB4A1.:. 1.0/18/2022
for Richard E:Rogers Jr, Date

DocuSign Envelope ID:6D91D897-FC9D-4295-8E8C-F83816806B29
NC0042251 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PENDER DWQ Case Number LM-2022-0038
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
PENDER COUNTY BOARD OF )
EDUCATION/SCHOOLS )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial.You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.
If you or your representative would like to speak before the Committee, you must complete and return this
form within thirty(30) days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee,then you do not need legal representation before the Committee;however,if you intend on
having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or
consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts
by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature
and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of ,20
SIGNATURE TITLE(President, Owner,etc.)
ADDRESS
TELEPHONE(