NC0080071_Remission Request (Lv-2024-0062)_20240408

C Alderman Stephen Belrose
Mayor Chad Braxton / '" err
/ ,� +7, Alderman Keith Cannon
Alderman Russell (pock
Alderman Thad Jones
Town Clerk Beverly Drake ` ,y Alderman Todd McMillen
REc �
April 2, 2024 V E-D
APR 052024
Wastewater Branch NCoEQ/Dwiz?
Division of Water Resources PDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Notice of Violation & Intent to Assess Civil Penalty
Case No. LV-2024-0062
Case No. LV-2024-0066
Case No. LV-2024-0067
To Whom It May Concern:
In response to your Notice of Violation to the case numbers listed above, the Town of Vanceboro is
requesting for a remission of the civil penalties. Please see the explanation on our justification for
remission request for further details.
If you should require any additional information, please do not hesitate to call Vernon or Beverly at 252-
244-0919.
Respectfully,
for(
Chad E. Braxton
Mayor

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0062 County: Craven
Assessed Party: Town of Vanceboro
Permit No.: NC0080071 Amount Assessed: $642.65
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. 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. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
I (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
1. The violations were inadvertent and unavoidable due to the approved treatment process
required to produce safe potable drinking water to the customers served by the Town. Chlorides
are a side product produced by the softening process during regeneration.
2. The Town and its consultant, Potable Water Solutions, LLC, have been working with the
Washington Regional Office(WaRO) staff on a solution to the Water Treatment Plant(WTP)
discharge. In the summer of 2023,the Town presented a proposal for a permanent solution for
the WTP discharge to the WaRO staff. It wasn't until December 2023 before WaRO staff provided
written guidance for this proposed solution. It then took several more months(2/22/2024)
before permitting was completed by the Central Office.
3. The Town is working with a contractor to connect the Water Treatment Plant discharge to the
Town's sanitary sewer system.This will prevent the discharge from flowing into an unnamed
tributary to Mauls Swamp.The cost of this project is estimated to be$32,300.These three civil
penalties will add additional cost for the remedial action and create an added financial burden to
the Town.

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Vanceboro )
Vanceboro WTP )
PERMIT NO.NC0080071 ) CASE NO. LV-2024-0062
Having been assessed civil penalties totaling$642.65 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated March 12,2024,the undersigned, desiring to seek remission of the civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of A 2r 1 I , 20 �v1
01)416(
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RECEIVED SIGNAT
APR 0 5 2024 ADDRESS
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NCDEQ/DWR/NPDES i Cuero NC, (93584
TELEPHONE
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