WQ0001284_LV 2024 0219_20240722

Docusign Envelope ID:F1FED27B-9BA7-4CF0-88C7-385A32192EF5
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Elm City
Facility Name: Town of Elm City WWTF
Permit Number: W00003405
County: Wilson
Case Number: LV-2024-0219
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation; The degree and extent of harm has not been quantified. Exceeding irrigation rates
increases risk for runoff and excessive nutrients on the irrigation fields and can lead to the degradation of surface water and
groundwater.
2) The duration and gravity of the violation; For the month of September 2023,the facility exceeded irrigation rates in
fields 3 and 2 by 75 and 83 percent,respectively.
3) The effect on ground or surface water quantity or quality or on air quality; The effects on surface or ground water
quality has not been evaluated because of these permit exceedances,but represents a potential impact to waters of the state
from runoff or groundwater infiltration.
4) The cost of rectifying the damage; The cost of rectifying the damage is not documented.
5) The amount of money saved by noncompliance; It is not believed that any money was saved by these violations. Any
money saved by noncompliance is de minimis.
6) Whether the violation was committed willfully or intentionally; There is no evidence that the violations were committed
willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and There have been no penalty assessments
issued in the past 12 months to the permittee for violations occurring at Town of Elm City WWTF.
8) The cost to the State of the enforcement procedures. $122.39
DocuSigned by:
7/22/2024 djad RA
E2DCBCB61EE4A8...
Date Michael Hall,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ

Docusign Envelope ID: F1 FED27B-9BA7-4CF0-88C7-385A32192EF5

Docusign Envelope ID: F1FED27B-9BA7-4CF0-88C7-385A32192EF5
ROY COOPER
ELIZABETH S.BISER
Secretary
RICHARD E ROGERS,JR. NORTH CAROLINA
Diredor fnvlo ntW Quality
Certified Mail#
Return Receipt Requested
July 22, 2024
Chris N Smith
Town of Elm City
PO Box 717
Elm City,NC 27822-3970
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non-discharge Permit No.WQ0003405
Town of Elm City
Town of Elm City WWTF
Case No. LV-2024-0219
Wilson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,122.39($1,000.00 civil
penalty+ $122.39 enforcement costs)against Town of Elm City.
This assessment is based upon the following facts: a review has been conducted of the Non-Discharge Analysis Report
(NDARI) submitted by Town of Elm City for the month of September 2023. This review has shown the subject facility
to be in violation of the limitations and/or monitoring requirements found in Non-discharge Permit No. WQ0003405. The
violations,which occurred in September 2023, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Elm City violated the terms, conditions or
requirements of Non-discharge Permit No. WQ0003405 in the manner and extent shown in Attachment A. In
accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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Docusign Envelope ID: F1FED27B-9BA7-4CF0-88C7-385A32192EF5
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I, Michael
Hall, Regional Supervisor,Raleigh Regional Office hereby make the following civil penalty assessment against Town of
Elm City:
$1,000.00 2 of 2 violations of the Permit 12-Month Floating Total for Non-Discharge Application Rate per
the limits established in Permit No. WQ0003405
1 000.00 TOTAL CIVIL PENALTY
122.39 Enforcement Costs
1 122.39 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.I(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Docusign Envelope ID:F1FED27B-9BA7-4CF0-88C7-385A32192EF5
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) dgys of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Docusign Envelope ID: F1FED27B-9BA7-4CF0-88C7-385A32192EF5
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr.William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Dorothy Robson with the Division of Water Resources staff of the Raleigh
Regional Office at(919)791-4241 or via email at [e-mail].
Sincerely,
�^Doc'u,Siigne�d by:
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372DCBCB61EE4A8...
Michael Hall,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office -Enforcement File
NON-DISCHARGE Compliance/Enforcement Unit-Enforcement File

Docusign Envelope ID: F1FED27B-9BA7-4CF0-88C7-385A32192EF5
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0219 County: Wilson
Assessed Party: Town of Elm City
Permit No.: WQ0003405 Amount Assessed: $1,122.39
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. § 14313-282.1(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.l(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);
(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:

Docusign Envelope ID: F1FED27B-9BA7-4CF0-88C7-385A32192EF5
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WILSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Elm City )
Town of Elm City WWTF )
PERMIT NO.WQ0003405 ) CASE NO. LV-2024-0219
Having been assessed civil penalties totaling$1,122.39 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated July 22, 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 ,20
SIGNATURE
ADDRESS
TELEPHONE

Docusign Envelope ID: F1 FED27B-9BA7-4CF0-88C7-385A32192EF5
ATTACHMENT A
Town of Elm City
CASE NUMBER: LV-2024-0219
PERMIT: WQ0003405 REGION: Raleigh
FACILITY: Town of Elm City WWTF COUNTY: Wilson
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Field Frequency Measure Value Value Limit Type Amount
9/30/2023 9-2023 2 Monthly inches 12.63 22.16 75 12 Month $500.00
Floating Total
Exceeded
9/30/2023 9-2023 3 Monthly inches 33.05 60.64 83 12 Month $500.00
Floating Total
Exceeded