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Home My WebLink AboutNC0086291_LV-2022-0320 Remission (Decision)_20230207DocuSign Envelope ID: D4AFA27B-0B99-4B7C-B1DO-B1F2A8FF00A2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality 2/7/2023 CERTIFIED MAIL 7019 1120 0001 4877 5980 RETURN RECEIPT REQUESTED Town of Edenton ATTN: Corey Gooden, Town Manager P.O. Box 300 Edenton, NC 27932 Subject: Dear Permittee: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Town of Edenton Beaver Hill WTP PERMIT NO: NC0086291 CASE NO: LV-2022-0320 Chowan County 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 assessment of $782.09. If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of receipt of this letter. Please make the check payable to Department of Environmental Quality. 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 penalty (with supporting documents) and my recommendation to deny the request 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: Siying Chen NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 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 £ D_E NORTH CAROLINA Department of Environmental Dual North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: D4AFA27B-0B99-4B7C-B1DO-B1F2A8FF00A2 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 Siying Chen at 919-707-3619 or via e-mail at siying.chen@ncdenr.gov. Sincerely, DocuuSigned by: 8328B44CE9EB4A1... Richard E. Rogers, Jr. Director, Division of Water Resources Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation Sheet cc: Laserfiche NCDEQ Washington Regional Office GD.E NORTH CAROLINA Department of Environmental Duali� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: D4AFA27B-0B99-4B7C-B1DO-B1F2A8FF00A2 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2022-0320 Region: WaRO Assessed Entity: Beaver Hill WTP Permit: NC0086291 County: Chowan (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: (c) Whether the violation was inadvertent or a result of an accident: Permittee States: The Town of Edenton's Beaver Hill WTP was assessed for exceeding the daily maximum limit and monthly average limit for chloride in August 2022. The town manager and ORC have worked towards developing a corrective action plan but have exhausted all internal options, they have also reached out to WaRO for guidance but didn't see a logical option to meet the 230 mg/L limit. The Town conducted sampling for all water sources within the water system and found that all the samples were either over the limit or were around 60-70% of the limit. The Town recently received funding and applied for grant for system upgrade. They believed that the implementation of these projects would greatly improve the water chemistry and the system, and during this interim phase, the Town would like to request remission for this case and to be considered for a permit variance for the chloride limit. DWR Response: NPDES permit became effective on August 1, 2018. The permit gave the facility a four-year compliance schedule to meet the new permitted Chloride limit. The compliance schedule required yearly reports to be submitted to the Division that state what actions have and will be taken by the Town to meet newly permitted Chloride limits. It doesn't appear that the facility completed the Corrective Action Plan as no yearly reports were seen in Laserfiche. ❑ (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: DECISION (Check One) Request Denied El Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Original Penalty (without Enforcement Costs) $ 700.00 (enter amount) Partial Remission ❑ % or $ (amount remitted) Subtotal $ 700.00 Retaining Enforcement Costs $ 82.09 Total Revised Assessment EDocuSiggned by: tk. ((i)// 8328B44CE9EB4A1... $ 782.09 2/7/2023 Richard E. Rogers, Jr. Date DocuSign Envelope ID: D4AFA27B-0B99-4B7C-B1DO-B1F2A8FF00A2 NC0086291 Remission Decision STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CHOWAN DWR Case Number LV-2022-0320 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: TOWN OF EDENTON REQUEST FOR ORAL PRESENTATION 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 ( )