NC0046728_Remission (Decision)_20231115

Case Number: LV-2023-0239
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS and DECISIONS

Case Number: LV-2023-0239 Region: MRO County: Gaston
Assessed Entity: Town of Mooresville Permit: NC0046728
Rocky River WWTP, Grade WW-4

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee [not asserted]:
DWR Response:

(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee [not asserted]:
DWR Response:

(c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts:
1) The week the violation occurred, the Town of Mooresville experienced multiple days of severe
thunderstorms and heavy rainfall which caused instantaneous flows at the wastewater treatment plant.
On June 20th, our flow was 8.139 MGD, on June 21st, our flow was 8.313 MGD, on June 22" d, our
flow was 6.94 MGD, and on June 23rd, our flow was 5.923 MGD respectfully.
2) The week the violation occurred was a shortened week due to the Town' s Juneteenth holiday.
This gave us only 4 days of sampling data for our weekly average. Town staff made adjustments as
soon as possible which resulted in our BOD of 4.0 mg/L on June 22nd, and 2.3 mg/L on June 23rd.
We feel that, given the additional compliance judgement point, we could have been compliant with
our permit weekly average limit.
DWR Response:
The BOD limit violation was 24.3% over the permit limit but there have been no prior enforcements
in past twelve months. Previous compliance inspections of the Town’s WWTP have revealed a
properly operated and well-maintained facility. Since the Town has not had any prior enforcements in
several years and the WWTP staff did implement adjustments to the WWTP due to the increased
influent flows, MRO recommends 25% reduction of the civil penalties save costs.
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee [not asserted]:
DWR Response:

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee [not asserted]:
DWR Response:

DocuSign Envelope ID: CCB559ED-829F-49FD-9BFF-C9C8911D5C7F
Case Number: LV-2023-0239
CPA $723.03 [$540.00 civil penalties plus $183.03 Costs]

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $540.00
Partial Remission (25% or) $135.00
Subtotal $405.00
_________________
Retaining Enforcement Costs $183.03
________________________________
Total Revised Assessment $588.03

for Richard E. Rogers, Jr. Date

Based upon the findings of fact and conclusions of law, Mooresville Regional Office (MRO)
makes the following civil penalty assessment against the Town of Mooresville for the month
of June 2023:

$540.00 1 of 1 violations of G.S. 143- 215. l(a)(6) and Permit No. NCO046728, by
discharging wastewater into the waters of the State in violation of the
Permit Weekly Average for BOD, 5-day (20Deg. C) - Concentration

$540.00 TOTAL CIVIL PENALTY
$183. 03 Enforcement Costs
$723.03 TOTAL AMOUNT DUE

DocuSign Envelope ID: CCB559ED-829F-49FD-9BFF-C9C8911D5C7F
11/9/2023