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Home My WebLink AboutNC0066028_Remission (Decision)_LV-2022-0259_20230323 ROY COOPER Governor ELIZABETH BISER Secretary RICNARD E. ROGERS, JR . Director CERTIFIED MAIL # 7019-1120-0001-4877-5454 The Honorable Mack Powers, Mayor c/o Sandra Roten Town of Lansing PO Box 266 Lansing, North Carolina 28643- 0266 Subject: Remission of Civil Penalties for Case # LV-2022-0259 NPDES WW Permit NC0066028 Town of Lansing, Lansing WWTP, WPCS Grade WW-2 Ashe County Mayor Powers: The Division of Water Resources (DWR or the Division) has considered your information submitted in support of your request to remit civil penalties in the subject case. In accordance with NCGS 143-215.6A(f), the Division has granted partial remission of 30% of your initial penalties totaling $903.02 ($800.00 plus $103.02 enforcement costs). If you choose to pay the reduced penalties, the Town of Lansing (Lansing) should send payment to the address provided below. Be sure to include the above case number on your check. Please make your check payable to NCDEQ. Your outstanding balance of $663.02 is now due and payable. Two options are available to you: 1) You may pay this balance. If you decide to pay the penalty, please make your check payable to the Department of Environmental Quality (DEQ) and send payment to: Attention: Wren Thedford / Bob Sledge NCDEQ/DWR/SWPS, NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Your payment must be submitted within thirty (30) days of this letter in accordance with NCGS §143-215.6A (f). If not received, your request for penalty remission (with its supporting documents), together with DWR’s recom mendations, will be delivered to the North Carolina Environmental Management Commission’s (EMC’s) Committee on Civil Penalty Remissions (the Committee) for final agency decision. OR [option 2] 2) 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 addressed, you must complete and return the enclosed form(s) within thirty (30) days of receipt of this letter. Please mail completed form(s) to: DocuSign Envelope ID: 439DB403-3398-4D8E-BB65-BEE8ADB8E3AF 3/23/2023 Attention: Bob Sledge NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation by you, the Commission will notify you by certified mail of the date, time, and place for your oral presentation. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your continued cooperation in this matter. If you have questions about this transmittal, please contact my staff member, Joe R. Corporon, P.G. [joe.corporon@ncdenr.gov]. Sincerely, __________________________ for Richard E. Rogers, Jr, Director Enclosed/attached: • Civil Penalty Remission Review Summary – signed, Case Number LV-2020-0259 • Request for Oral Presentation ec: Enforcement File Case Number LV-2020-0259 Winston - Salem Regional Office (WSRO) Laserfiche DocuSign Envelope ID: 439DB403-3398-4D8E-BB65-BEE8ADB8E3AF STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ASHE ) DEQ Case Number LV-2022-0259 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Town of Lansing WWTP ) 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 individua ls 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 Printed with TITLE (President, Owner, etc.) ADDRESS ( ) DocuSign Envelope ID: 439DB403-3398-4D8E-BB65-BEE8ADB8E3AF 1 of 2 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS – Summary and Signature Case Number: LV-2022-0259 Region: Winston-Salem County: Ashe Assessed Entity: Town of Lansing Permit: NC0066028 Facility: Lansing WWTP (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Not Asserted: (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Not Asserted: X (c) Whether the violation was inadvertent or a result of an accident: Permittee Asserts: The violation could not be anticipated or avoided as [because] the object [abject] cause could not be determined. The age of the WWTP may be a contributing factor. We took the following actions: • 12May2022 - Seeded the aeration basin • 12Jul2922 – began running both blowers • 20Jun/30Jun/31Aug/04Nov/11Nov - removed sludge from the digester The Town of Lansing continues to apply for grant money to replace the 33-year-old WWTP [denied in 2021/2022]. DWR Response: WSRO recommends 30% remission, save penalty costs, because the facility did take corrective actions and has been in compliance since that time. Please note that WSRO only assessed the more severe violations for the month in question and did not include the lesser violations in the CPA. Therefore, we only recommend 30% remission. ( d) Whether the violator had been assessed civil penalties for any previous violations: Not Asserted.: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Not asserted. NOTE: Blue X indicates factors addressed by the Permittee’s written Request for Remission. DocuSign Envelope ID: 439DB403-3398-4D8E-BB65-BEE8ADB8E3AF 2 of 2 Total Enforcement: $800.00 plus $103.02 costs = $903.02 DECISION (Check One) Request Denied Full Remission Retain Enforcement Cost? Yes No Partial Remission X Original Penalty (without Enforcement Costs) $800.00 Remit 30% $240.00 Subtotal $560.00 Retaining Enforcement Costs + $103.02 _______________________ Total Penalty $663.02 for Richard E. Rogers, Jr. Date CPA Summary (LV-2022-0259) [assessed 18Oct2022] DWR hereby makes the following Civil Penalty Assessment (CPA) against Town of Lansing WWTP: $400.00 1 of 1 violations of G.S. 143- 215. 1(a)(6) and Permit No. NC0066028, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for BOD, 5- Day (20 Deg. C) Concentration $0.0 1 of 3 violations of G.S. 143- 215. 1(a)(6) and Permit No. NC0066028, by discharging wastewater into the waters of the State in violation of the Permit Weekly Average for BOD, 5- Day (20 Deg. C) Concentration $400.00 2 of 2 violations of G.S. 143- 215. 1(a)(6) and Permit No. NC0066028, by discharging wastewater into the waters of the State in violation of the Permit Weekly Geometric Mean for Coliform, Fecal MF, MFC Broth, 44.5 C N $800.00 TOTAL CIVIL PENALTY $103.02 Enforcement Costs _____________________________ $903.02 TOTAL AMOUNT DUE DocuSign Envelope ID: 439DB403-3398-4D8E-BB65-BEE8ADB8E3AF 3/23/2023