NC0089176_Remission (Decision)_20240807

Docusign Envelope ID: 3CCB95E7-414E-4389-AD22-F18702CBF3A7
ROY COOPER
Governor
ELIZABETH S. RISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
8/7/2024
CERTIFIED MAIL 7019 1120 0001 4877 6703
RETURN RECEIPT REQUESTED
Letitia Edens
Hoke County
227 N Main Street P.O. Box 210
Raeford, NC 28376
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit NCO089176
Hoke County — Hoke County WWTP
Hoke County
Case Number LV-2024-0074
Dear Permittee:
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 has not found grounds to modify the initial
civil penalty assessment of $2,029.63. 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 penalty.
If you decide to pay the penalty, please make your check in the amount of $2,029.63 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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
K'
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.
�.. f 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
Depe'tlneMel EmInnmeMil �el� ma`s 919.707.9000

Docusign Envelope ID: 3CCB95E7-414E-4389-AD22-F18702CBF3A7
Name
Case LV-2024-0074 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:
Kate Shadwell
NC DEQ-DWR — NPDES
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 cooperation in this matter. If you have any questions, please contact Kate
Shadwell at [phone], or via e-mail at [e-mail].
Sincerely,
DocuSigned by:
�8328B44CEKB4A1 ..
John Hennessy
Section Chief of Regional Operations
Division of Water Resources
Attachments: EMC Oral Presentation Request Form, DWR Remission Decision Summary
ec: Laserfiche Files

Docusign Envelope ID: 3CCB95E7-414E-4389-AD22-F18702CBF3A7
STATE OF NORTH CAROLINA
COUNTY OF HOKE
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Hoke County
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number LV-2024-0074
REQUEST FOR ORAL PRESENTATION
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.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.
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
SIGNATURE
MAILING ADDRESS
eMail
day of
TELEPHONE
20
TITLE (President, Owner, etc.)

Docusign Envelope ID: 3CCB95E7-414E-4389-AD22-F18702CBF3A7
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2024-0074 Region: Fayetteville County: Hoke
Assessed Entity: Hoke County — Hoke County WWTP Permit: NCO089176
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
X(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: During the second week of October 2023, the treatment plant experienced a single -
isolated ammonia exceedance, caused by a mechanical failure at the lift station. This caused the flow
rate from the lift station to the treatment plant to increase to 1,500 gallons per minute of raw influent:
resulting in an extreme reduction of DO during the aeration stage of the treatment process. The cause
of the phosphorous increase is attributed to be a collateral effect from sludge removal process of on -
site dewatering, and the sludge supernatant is returned to the head of the plant. The permittee states
that these violations were not caused by the operator or personnel at the facility but by external
factors.
DWR Response: The facility has had a few nutrient violations in the past. This facility is a BNR plant
and should have been able to adjust operations.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
X(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Hoke county prefers to use their funds to identify and correct the root causes of the
violations and develop a remedial action instead of paying a civil penalty and continue operating in its
current condition.
DWR Response: The FRO is not aware of any projects the county is currently conducting to find the
problems.

Docusign Envelope ID: 3CCB95E7-414E-4389-AD22-F18702CBF3A7
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission ❑
Subtotal
Retaining Enforcement Costs
$1,875.00 (enter amount)
0.00% or $0.00 (amount remitted)
Total Revised Assessment
DocuS,iggned by:
�8328B44CHEB4M...
$1,875.00
$154.63
$2,029.63
8/7/2024
John E. Hennessy Date