NC0064726_Remission Request (LV-2023-0158)_20230707

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of East Bend )
East Bend Industrial Park WWTP )
PERMIT NO.NC0064726 ) CASE NO. LV-2023-0158
Having been assessed civil penalties totaling$468.98 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated June 7,2023,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^�
RECEIVE SIGNATURE
JUL U 7 ZOZ ADDRESS
ES w,v of EAST BEND
NCDEQIDWRlNPD /o g cJ Amu Sr
Ex45T {JEnit� IIJ.0 . 2701A
TELEPHONE
33‘- 699 - 8S4o

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 pan 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0158 County: Yadkin
Assessed Party: Town of East Bend
Permit No.: NC0064726 Amount Assessed: $468.98
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Hearing, and Stipulation ofFacts"form to request remission of this civil penalty.
Waiver ofRight to an Administrative q
g P
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);
X (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);
Xi (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:

EXPLANATION IN SUPPORT OF REQUEST FOR REMISSION OF CIVIL PENALTY
Town of East Bend
NPDES WW Permit No. NC0064726
East Bend Industrial Park WWTP
Case No. LV-2023-0158
Yadkin County
This statement is submitted in support of the request by the Town of East Bend (the "Town")to
remit the civil penalty in the amount of$468.98 assessed against the Town for a violation of the terms
of the above permit which occurred in January 2023.
(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(Town);
With respect to this factor, please consider: (a)the Town's WWTP is very small, so that the
harm and damage from the violation (if any)was also small; (b)this violation was accidental
or inadvertent; (c) no money was saved through this violation. The Town is truly committed
to safe and compliant operation of the WWTP and during 2023 has spent money and made
changes to the operation of the plant.
(2) Whether the violator promptly abated continuing environmental damage resulting from the
violation;
It is unknown to the Town whether there in fact was any environmental damage as a result
of the violation of the permit standards in January 2023. As stated,the Town has taken
prompt action to improve plant operations and ensure compliance with the permit during
2023. All necessary repairs and maintenance to avoid a repeat violation have been
undertaken,with particular attention to the proper operation of the UV light system.
(3) Whether the violation was inadvertent or a result of an accidents
The violation was inadvertent or the result of an accident.
(4) Whether the violator has been assessed civil penalties for any previous violations;or
Although the Town has received notices of violations in 2022 and 2023, to the best of its
knowledge, these are the first civil penalties actually assessed.
(5) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
First, the Town is committed to safe operation of the WWTP. Payment of the civil penalty
will not interfere with the Town's actions to remedy any existing problems with the WWTP.
It should be noted, however, that the Town is very small, and any expense, such as these
penalties, is significant.

Second,the Town has taken a number of remedial actions to ensure operation of the WWTP
in accord with permit standards.
a. The operator in charge in January 2023 has been terminated and a new operator
contracted for.
b. Maintenance and repairs deferred by the previous operator have been completed
by the Town and the new operator. The Town believes that the WWTP is operating
well and safely at present.
c. All equipment has been inspected and properly calibrated in 2023.
d. The Town has increased oversight of plant operations including monthly reporting
to the Mayor and Council.
For these reasons, the Town respectfully requests that the civil penalty be remitted.