NC0025321_LV20230266_20231013

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: Town of Waynesville
Facility Name: Waynesville WWTP
Permit Number: NC0025321
County: Haywood
Case Number: LV-2023-0266

ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
No assessment for SOC limit violations. No penalties are being assessed for the BOD monthly average limit violation.

2) The duration and gravity of the violation;
No assessment for SOC limit violations.

3) The effect on ground or surface water quantity or quality or on air quality;
No assessment for SOC limit violations.

4) The cost of rectifying the damage;
No assessment for SOC limit violations.

5) The amount of money saved by noncompliance;
No assessment for SOC limit violations.

6) Whether the violation was committed willfully or intentionally;
No assessment for SOC limit violations.

7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
No assessment for SOC limit violations.

8) The cost to the State of the enforcement procedures.
$126.51

___________________ __________________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E
10/13/2023

DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E

Certified Mail # 7022 2410 0003 1437 2211
Return Receipt Requested

October 13, 2023

Gary Caldwell, Mayor
Town of Waynesville
PO Box 100
Waynesville, NC 28786-0100

SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6), NPDES WW Permit No.
NC0025321, and SOC WQ S19-005
Town of Waynesville
Waynesville WWTP
Case No. LV-2023-0266
Haywood County

Dear Permittee:

This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,126.51 ($1,000.00 civil
penalty + $126.51 enforcement costs) against the Town of Waynesville.

This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by the Town of Waynesville for the month of August 2023. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0025321 and
SOC WQ S19-005. The violations, which occurred in August 2023, are summarized in Attachment A to this letter.

Based upon the above facts, I conclude as a matter of law that the Town of Waynesville violated the terms, conditions or
requirements of NPDES WW Permit No. NC0025321, G.S. 143-215.1(a)(6), and SOC WQ S19-005 in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).

DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Daniel Boss,
Assistant Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against the
Town of Waynesville:
$0.00 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0025321, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg.
C) - Concentration

$1,000.00 1 of 1 violations of SOC WQ S19-005, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average for Solids, Total Suspended
- Concentration

$1,000.00 TOTAL CIVIL PENALTY
$126.51 Enforcement Costs
$1,126.51 TOTAL AMOUNT DUE

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are (Not applicable to SOC Limit Violations):

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

Within thirty (30) days of receipt of this notice, you must do one of the following:

(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing

Option 1: Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
Request (Option not available for SOC Limit Violations):

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 part 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
DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings (Option not
available for SOC Limit Violations):

If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:

6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DEQ as follows:

Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions, please contact Lauren Armeni with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email at [e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Attachment A

Ec: Laserfiche
DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E

ATTACHMENT A Town of Waynesville
CASE NUMBER: LV-2023-0266

PERMIT: NC0025321 REGION: Asheville
FACILITY: Waynesville WWTP COUNTY: Haywood ___________________________________________________________________________________________________________________________________________________________________________________
LIMIT VIOLATION(S) ___________________________________________________________________________________________________________________________________________________________________________________

SAMPLE LOCATION: Outfall 001 - Effluent

Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount ___________________________________________________________________________________________________________________________________________________________________________________
8/31/2023 8-2023 BOD, 5-Day (20 Deg. 5 X week mg/l 30 35.39 18.0 Monthly $0.00
C) - Concentration Average
Exceeded ___________________________________________________________________________________________________________________________________________________________________________________
8/31/2023 8-2023 Solids, Total 5 X week mg/l 45 71.83 59.6 Monthly $1,000.00
Suspended - Average
Concentration Exceeded ___________________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 9287AA5B-5A4A-4C31-94E8-7398B4B84D1E