NC0055786_Remission (Decision)_20240219_LV-2023-0268

DocuSign Envelope ID:A6lB2388-4913-4082-9E3E-A24FB1213AA5
."o STATE w
ROY COOPER
Governor ' 6
,11 ..y
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director NORTH CAROLINA
Environmental Quality
2/19/2024
CERTIFIED MAIL 7019 1120 0001 4877 6161
RETURN RECEIPT REQUESTED
Mr. Tom Johnson
City of Lexington
28 W Center St
Lexington,NC 27292-3099
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit NCO055786
Lexington Regional WWTP
Davidson County
Case Number LV-2023-0268
Dear Mr. Johnson:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f) and remitted$3,832.13 of the $5,235.63 total
penalty assessment. The revised amount due is $1,403.50, which includes $126.13 in investigative
costs. A copy of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the revised penalty of$1,403.50.
If you decide to pay the revised penalty, please make your check in the amount of$1,403.50 payable to
the Department of Environmental Quality (DEQ). Send the payment within thirty(30) calendar days of
your receipt of this letter to the attention of:
Wren Thedford
NC DEQ-DWR—NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the EMC's Committee on Civil Penalty Remissions for a final agency decision.
North Carolina Department of Environmental Quality I Division of Water Resources
D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919,707.9000

DocuSign Envelope ID:A61 B2388-4913-4082-9E3E-A24FB1 213AA5
Lexington Regional WWTP
Case LV-2023-0268 DWR Remission Decision
p. 2
You have the option of presenting your request in person to the EMC's Committee on Civil Penalty
Remissions. If you or your representative would like to speak before the Committee, you must
complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days
of receipt of this letter. Send the completed form to:
Caroline Robinson
NC DEQ-DWR—NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested, the Committee's decision regarding
your remission request will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the Committee may choose to
uphold the original penalty amount and offer no remission,it may agree with the Division of
Water Resources' remission recommendation detailed above, or the penalty amount may be
further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Caroline
Robinson at 919-707-9130, or via e-mail at [e-mail].
Sincerely,
D Signed by:
f
8328844CE9EB4A1...
John E. Hennessy, Section Chief Regional Operations
NPDES Permitting
Division of Water Resources
Attachments: EMC Oral Presentation Request form, DWR Remission Decision Summary
ec: Laserfiche Files

DocuSign Envelope ID:A61 B2388-4913-4082-9E3E-A24FB1 213AA5
Lexington Regional WWTP
Case LV-2023-0268 DWR Remission Decision
p. 2
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON DWQ Case Number LV-2023-0268
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
The City of Lexington
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.nebar.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 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.)
MAILING ADDRESS
entail TELEPHONE( )

DocuSign Envelope ID:A61B2388-4913-4082-9E3E-A24FB1213AA5
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0268 Region: Winston-Salem County: Davidson
Assessed Entity: Lexington Regional WWTP Permit: NCO055786
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:It was extremely difficult to pinpoint the problem because the lab results for Nh3N
and BOD were fluctuating from day to day. Lexington requested Technical Assistance and Gary
Hudson and Jesse Barnes visited on August 4th. This was productive and Gary made some helpful
insights. Once Train A was determined to be the problem,the basin was immediately drained. By late
August staff found that several of the original diffusers in the Aeration Train A had broken off, fouled
with grit and debris, and the air header pipes were packed full of solids. Lexington entered into an
Emergency contract with Terra Nova for$63,950 to immediately mobilize. It took Terra Nova 5 days
to finish the wash out. Lexington spent$20,927 to replace all 600 air diffusers in the basin.With the
help of the Public Works Department, staff removed all of the old diffusers,rodded and jetted out the
air header pipes and replaced with new diffusers. The repairs to the Aeration System were finally
completed in late August and since September the plant is maintaining compliance and running very
well. Lexington staff worked around the clock to get the problem corrected.
DWR Response:WSRO concurs with City of Lexington that they attempted to determine the issue
and then executed a plan of action once a fix was determined. Replacing all the diffusers was an
expensive but necessary project. They have also taken steps to replace the diffusers in the other train
since the originals were installed at same time. City staff kept in constant communication with WSRO
during this upset, including a meeting on site with them.
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Original Penalty(without Enforcement Costs) $5,109.50
Partial Remission ® %75 or$3,832.13
Subtotal $1,277.37
Retaining Enforcement Costs $126.13
=4A1...
:Total Revised Assessment $1,403.50
2/19/2024
John E. Hennessy Date