NC0088340_Remission (Request)_20240522

RECEIVED
MAY 2 2 12L4
JUSTIFICATION FOR REMISSION REQUEST
NCDEQ/DWR/NPDES
Case Number: LM-2024-0014 County: Pamlico
Assessed Party: Pamlico County
Permit No.: NCO088340
Amount Assessed: $492.65
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 :o 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.I (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. I (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);
X (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);
X (d) the violator had not been assessed civil penalties for any previous violations;
X (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:
Pamlico County has hired a consultant, Potable Water Solutions, LLC, to provide technical assistance
to the Pamlico County Water Department. The justifications listed above for Pamlico County's
request for remission and the explanation of such request are based on an extensive review by
Pamlico County's consultant. The explanation for the justifications indicated above is attached as
Exhibit A.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF PAMLICO
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Pamlico County )
Millpond WTP )
PERMIT NO. NC0088340 ) CASE NO. LM-2024-0014
Having been assessed civil penalties totaling $492.65 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 18, 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/r, 1A day of
P.O. Box 776
TELEPHONE
252-745-3133

Exhibit A
Pamlico County is formally requesting remission by Director Rogers, Division of Water Resources, based
on the following facts that are being submitted as evidence. They are as follows:
I. The violations were inadvertent and unavoidable dues to the approved treatment process
required to produce safe potable drinking water to the customers served by the County. Two of
the treatment processes, corrosion control and disinfection, are the locations where copper and
zinc are likely present. These treatment processes are required by the NC DEQ Public Water
Supply Section at each of the four Water Treatment Plants.
2. It appears from discussions with DEQ WaRO staff that Pamlico County is one of the first water
systems in Eastern NC that has copper & zinc as an enforceable limit. Having copper & zinc limits
in the microgram level is a daunting task since a potable water system is normally analyzing in
the milligram level in potable drinking water. During this process of determining the source of
these extremely low levels, the County has not received technical support from NC DEQ regional
staff.
3. The County and its consultant, Potable Water Solutions, LLC, have been working with the
Washington Regional Office (WaRO) staff, Ms. Victoria Herdt, on a solution to the Water
Treatment Plant (WTP) discharge issues. Ms. Herdt has been updated periodically by email and
by phone during this process. After much investigation and sampling, we feel that we have
determined the sources of the copper and zinc. It appears based on sampling that the current
corrosion control inhibitor (zinc orthophosphate) contains both zinc and copper. The zinc is not
only in the raw chemical, but we have found that copper & zinc are present in the make-up
water used by the chemical supplier. The County is in the process of securing a new plain
orthophosphate chemical for corrosion control that is acceptable to the NC DEQ Public Water
Supply Section and does not contain copper & zinc in any way. Sampling has also determined
that the liquid ammonium sulfate (LAS) that is utilized to form chloramines is also a source of
copper & zinc. The chemical supplier is utilizing potable make-up water that contains copper &
zinc which is probably from the existing plumbing at the factory. This chemical supplier is
unwilling at this time to switch to deionized water for product make-up which would remove the
copper & zinc from the LAS. A copy of a recent email stating that fact is attached. The County is
currently looking for a new chemical supplier of LAS that contains no copper & zinc.
4. The penalty will add additional cost to the remedial action already underway, will add to the
investigative costs spent to date, and will therefore create an added financial burden to the
County.