NC0036196_Remission Decision (LV-2024-0064)_20240726

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ELIZABETH S. BISER ; ; -- .; ! ,'
Secretary •, - _
RICHARD E. ROGERS, JR. t-'ez^' =.:-
Director NORTH CAROLINA
Environmental Quality
July 26,2024
CERTIFIED MAIL 7099-1120-0001-4877-7175
RETURN RECEIPT REQUESTED
Eric Jones, Superintendent
City of Newton
PO Box 550
City of Newton,North Carolina 28673-0039
Subject: DWR Remission Decision
Civil Penalties Case Number LV-2024-0064
NPDES Permit NC0036196
Clark Creek WWTP, WPCS Class WW-4
Catawba County
Mr. Jones:
The Division of Water Resources [DWR or the Division] has considered your information submitted in
support of your request for remission in accordance with G.S. 143-215.6A(f), and the Director has
found no grounds to remit the initial civil penalty assessment of$722.13. This transmittal attaches a
copy of DWR's remission decisions and justifications.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty, please make your check in the amount of$722.13 payable to the
Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of
your receipt of this letter to:
ATTN. Wren Thedford [[e-mail]]
NCDEQ/DWR/NPDES
Compliance and Expedited Permitting Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2) You may request a final decision on your remission by the Environmental Management
Commission's (EMC's) Committee on Civil Penalty Remissions (the Committee).
D E North Carolina Department of Environmental Quality I Division of Water Resources
) 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
d.em...d ta•nomom aew 919.707.9000

Eric Jones, Superintendent
City of Newton
Remission Decision-Case LV-2024-0064
If you or your representative wish to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form. If your payment or your request is not received within
30 calendar days of receiving this letter, your original remission request, its supporting documents,
and the Division's recommendations, will be delivered to the Committee for a final agency decision.
Send the completed form [attached] to:
ATTN. Bob Sledge [[e-mail]]
NCDEQ/DWR/NPDES
Compliance and Expedited Permitting Unit
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.
Thank you for your continued cooperation in this matter. If you have questions, please email the
undersigned at [e-mail].
Sincerely,
Joe R. C rporon, P G.
Centra Office -- gional ffice Contact (ROC) for MRO
NCD Q/DWR/N DES
Pere,tting/Envi nmental Compliance
Attachments
ec: Laserfiche Files [letter+forms]
NPDES Enforcement Files LV-2024-0064
Mooresville Regional Office(MRO),Attn. Wes Bell [[e-mail]]
Mooresville Regional Office(MRO),Attn.Andrew Pitner[[e-mail]]
City of Newton,James D.Wentz,Public Works Director[[e-mail]]
City of Newton,Eric Jones, Superintendent[[e-mail]]

Eric Jones, Superintendent
City of Newton
Remission Decision-Case LV-2024-0064
STATE OF NORTH CAROLINA ) ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CATAWBA ) DEQ Case Number LV-2024-0064
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Newton )
Clark Creek WWTP )
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 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.ncbar.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.
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 has occurred.
This the day of ,20 .
SIGNATURE TITLE(President, Owner,etc.)
ADDRESS
TELEPHONE( )

Docusign Envelope ID:30392E7A-07DA-4FF3-9603-7D621C479D5B
Case Number:LV-2024-0064
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS and DECISIONS
Case Number: LV-2024-0064 Region: MRO County: Catawba
Assessed Entity: City of Newton Permit: NC0036196
City of Newton WWTP,WPCS Grade WW-4
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee[not asserted]:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Asserts: Rain event occurred on the weekend—the City of Newton Operator adjusted Ch2
and SO2 gasses. Fecal test was performed on Monday that resulted in a high fecal number—operator
adjusted the gasses again and no further violation occurred. CH2 limits were met for the time period as
well.
DWR Response:
The weekly average fecal coliform value was calculated at 505.10 colonies/100 ml. which was 26.3%
over the permit limit(400 colonies/100 ml.). The effluent is discharged into a Class C stream and no
previous fecal coliform violations have been reported in the previous 12-month period. Based on the
effluent fecal coliform results reported during the following days, appropriate adjustments were made.
Note: The WWTP is staff 24/7 with certified operators and has an on-site lab certified to perform fecal
coliform analyses.
❑ (c) Whether the violation was inadvertent or the result of an accident:
Permittee[not asserted]:
DWR Response:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee[not asserted]:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee[not asserted]:
DWR Response:
CPA$722.13 [$520.00 civil penalties plus$202.03 Costs]

Docusign Envelope ID:30392E7A-07DA-4FF3-9603-7D621C479D5B
Case Number:LV-2024-0064
No Remission
DECISION(Check One)
Request Denied /1
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty(without Enforcement Costs) $520.00
Retaining Enforcement Costs +$202.13
Total Revised Assessment $722.13
LDocuSigned by:
.P;2. � 7/19/2024
8328B44CE9EB4A1...
John E.Hennessy Date
Civil Penalty Assessment (CPA) Summary
I,Andrew H. Pitner,Regional Supervisor, Mooresville Regional Office hereby make the
following civil penalty assessment against the City of Newton:
$520. 00 1 of 1 violations of G.S. 143-215. 1(a)(6)of Permit No.NC0036196,by discharging
wastewater into the waters of the State in violation of the Permit Weekly Geometric
Mean for Coliform,Fecal MF,MFC Broth,44.5 C.
$520. 00 TOTAL CIVIL PENALTY
$202.13 Enforcement Costs
$722.13 TOTAL AMOUNT DUE