NC0086291_Remission Decision (LV-2022-0320)_20230207

DocuSign Envelope ID: D4AFA27B-0B99-4B7C-B1DO-B1F2A8FFOOA2
ROY COOPER
Governor
ELIZABETH S.BISER .A„
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director 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: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Town of Edenton
Beaver Hill WTP
PERMIT NO: NC0086291
CASE NO: LV-2022-0320
Chowan County
Dear Permittee:
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
North Carolina Department of Environmental Quality I Division of Water Resources
I .
WHIM DE
Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
Denrbo.t alu.`....11Y%miry V

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 [e-mail].
Sincerely,
DocuSigned by:
,. /.%),
8328B44CE9EB4A1...
Richard E. Rogers,Jr.
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)& 1
Request for Oral Presentation Sheet
cc: Laserfiche
NCDEQ Washington Regional Office
North Carolina Department of Environmental Quality I Division of Water Resources
D_E
Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
"o'+'"cAHWWNA 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 County: Chowan
Assessed Entity: Beaver Hill WTP Permit: NC0086291
❑ (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
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 $ 782.09
DocuSigned by:
2/7/2023
8328B44CE9EB4A1...
Richard E. Rogers,Jr. Date

DocuSign Envelope ID:D4AFA27B-0B99-4B7C-B1DO-B1F2A8FF00A2
NC008629I 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: ) REQUEST FOR ORAL PRESENTATION
TOWN OF EDENTON )
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(