NC0080853_Remission (Decision)_20240614_TX-2023-0003

DocuSign Envelope ID:9BE903C0-4654-48E4-9989-B6FD839602D7
Eta`STATE
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary *�Af QUAM W
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
6/14/2024
CERTIFIED MAIL 7019 1120 0001 4877 6215
RETURN RECEIPT REQUESTED
G. John Galasso
Nokia of America Corporation
600 Mountain Avenue
New Providence,NJ 07974
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit NCO080853
Salem Business Park remediation site
Forsyth County
Case Number: TX-2023-0003
Dear Permitee:
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$2,000.00 of the $2,069.48 total
penalty assessment. The revised amount due is $69.48, for the 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 remaining enforcement costs of$69.48.
If you decide to pay the penalty,please make your check in the amount of$69.48, 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 Permitting
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA 919.707.9000
OepoNnem of Environmental Uoeltly

DocuSign Envelope ID:9BE903C0-4654-48E4-9989-B6FD839602D7
Nokia of America Corporation- Salem Business Park Remediation Site
Case TX-2023-0003 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 Permitting
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].
c�qinqgAg-rgned
by:
/�
8328B44CE9EB4A1...
John E. Hennessy, Section Chief Regional Operations
NPDES Permitting
Division of Water Resources
Attachments:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
ec: Enforcement File: TX-2023-0003 [Laserfiche]
DWR WQ Regional Operations—Winston-Salem Regional Office [Laserfiche]

DocuSign Envelope ID:9BE903C0-4654-48E4-9989-B6FD839602D7
Nokia of America Corporation- Salem Business Park Remediation Site
Case TX-2023-0003 DWR Remission Decision
p. 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF FORSYTH DWQ Case Number TX-2023-0003
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Nokia of America Corporation
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:9BE903C0-4654-48E4-9989-B6FD839602D7
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: TX-2023-0003 Region: Winston-Salem County: Forsyth
Assessed Entity: Salem Business Park remediation site Permit: NCO080853
❑ (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:The facility performed testing for VOCs and priority pollutant metals to determine
that they frequently have elevated levels of zinc in their extraction wells, especially EW-6. They shut
off EW-6 prior to testing for aquatic toxicity in May 2023 and passed. In June 2023,they restored
operation of EW-6 at a lower flow rate and have since continued to pass their aquatic toxicity tests.
Moving forward,they plan to perform regular zinc analyses in individual wells to be able to balance
their zinc intake. They will adjust flow rates in extraction wells that have high zinc to prevent toxicity
in their effluent. They have spent approximately$13,500 in investigation efforts and plan to spend
$1,500 more to continue assessing zinc concentrations in extraction wells.
DWR Response:The facility has kept ATB informed of all efforts to mitigate and determine toxicity
issues. Since the facility's investigation and extraction well flow adjustments,they have passed all
aquatic toxicity testing. ATB recommends a full remission while retaining enforcement costs.
❑ (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) $2,000
Partial Remission ❑ 100%or$2,000
Subtotal $0.00
Retaining Enforcement Costs $69.48
Total Revised Assessment ( Docusigned by: $69.48
J 6/14/2024
8328B44CE9EB4A1...
John E. Hennessy Date