NCG590002_Remission Decision (LV-2023-0151)_20231109

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ROY COOPER ,7i. F-
Governa
ELIZABETH S.BISER
Secretary
RJCHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
11/9/2023
7010 2780 0003 4825 9701
RETURN RECEIPT REQUESTED
Thomas Richards,Mayor
Town of Bailey
PO Box 40
Bailey,NC 27807-0040
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Bailey Well#2 WTP
Nash County
PERMIT NO:NCG590002
CASE NO:LV-2023-0151
Dear Permittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f)and has decided to modify the initial civil penalty assessment of
$482.31 ($378.00 civil penalty plus$104.31 enforcement)to the total amount of$406.71 ($302.40 civil
penalty plus$104.31 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead
address within thirty(30)days of receipt of this letter.Please make checks payable to the Department of
Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which
is comprised of members of the Environmental Management Commission. The Committee may consider
such requests and render final and binding decisions in these matters. You may argue your request before
1 the Committee,and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please complete and return the attached
form within thirty(30)days of receipt of this letter. Your request will be placed on the agenda of an
upcoming Conunittee meeting,and you will be notified of the date and time. If the Division does not
receive a response regarding this notice,Division staff will automatically place your case on the agenda
of a future Committee meeting. Please mail the completed form to:
Attn:Sydney Deuterman
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1 61 7
D
North Carolina Depactm nt of Eavuonmental Qwlitc I Dis iston of prates Resourc_���� 512 North"'
Salisbury Street 11611 Mail Sens Center I Raleigh,Nonh Carolina 2 es 7699-161 7
(((�, -• M•a.»� /`i 919 70 1 9000
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Remission Decision
LV-2023-0151
If you have any questions,please call Sydney Deutennan at(919)707-3712 or via e-mail at
sydney.deuterman at deq.nc.gov.Thank you for your cooperation in this matter.
Sincerely,
EDocuSigned by:
8328B44CE9EB4A1
Richard E.Rogers,Jr.
Director,Division of Water Resources
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#:LV-2023-0151 [Laserfiche]
Raleigh Office—DWR WQ Regional Operations[Laserfiche]
D_E Q North Carolina Deparmient of Environmental Quality I Ditiston of Watet Raoiuces
512 North Salisbury Strcet 11617 Mail Senue Cemn I Raleigh.North Carolina 27699-1617
919 707.9000
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DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0151 Region: Raleigh County: Nash
Assessed Entity: Town of Bailey Permit: NCG590002
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Stales:
DWR Response:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The Town states that their facility was managed correctly between December 2022
through January 2023. They state that an investigation showed the Q4 2022(October 2022)and Ql
2023(January 2023)levels for Iron and Manganese increased dramatically compared to the previous
and following monitoring permits. The Town states that these elements are natural components of the
water and contribute to the Turbidity and high TSS results, and provided corresponding eDMRs as
evidence. The Town states that these conditions are not controlled by the ORC and were temporary,
however they made these issues a priority and re-trained and monitored facility personnel to ensure
all procedures were being performed correctly.
DWR Response: The Total Suspended Solids daily maximum exceedance on December 6,2022,
contributed to the monthly average exceedance. The permittee sampled for TSS two times during the
month. Comments on the monitoring report indicated causes of the exceedance were unknown and
system performance was modified. For the month of December 2022,the facility did not report
analytical results for iron or manganese. The facility incurred subsequent TSS limit exceedances
during the months January,February and March 2023.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
• (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee Slates: The Town states the facility was inspected to determine possible causes of the
increases which resulted in increased expenses. The Town states they are working with the ORC to
develop a way to guarantee the settlement and remotion of suspended solids and to ensure the
decrease in turbidity.
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DWR Response:Expenses associated with proper operation and maintenance of a treatment facility
are expected. No additional documentation was provided to support any additional expenses
incurred.
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty(without Enforcement Costs) $378.00 (enter amount)
Partial Remission ® % 20 or $ (amount remitted)
Subtotal $ 302.40
Retaining Enforcement Costs $ 104.31
Total Revised Assessment $ 406.71
DocuSigned by:
11/9/2023
8328B44CE9EB4A1...
for Richard E. Rogers,Jr. Date
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NCG590002 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF NASH DWR Case Number LV-2023-0151
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF BAILEY
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 fonu 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(
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