NC0033227_compliance (Remission decision)_20240802

Docusign Envelope ID: 4456A5C0-9FBA-4EB4-8657-C9A7256D5155
STATE o,
Ir
ROY COOPERr-i' __ n
Governor }
ELIZABETH S. BISER„ n
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
August 2, 2024
CERTIFIED MAIL ITEM 7019 1120 0001 4877 6550 - RETURN RECEIPT REQUESTED
Lucy Crocker
TE Connectivity Corporation
1396 Charlotte Highway
Fairview, NC 28730-8544
SUBJECT: CIVIL PENALTY REMISSION REQUEST
TE Connectivity WWTP
Permit NCO033227
Case LV-2024-0002
Buncombe County
Dear Permittee:
I have considered the information submitted by your consultant (Daniel E. McDonnell /
HRP Associates) in support of a request for remission in the subject case. I have found no
cause to remit the assessed penalty. The explanation offered for the violation admitted
that "the primary cause of the (BOD limit) exceedance is unknown". Regional Office staff
were skeptical that dechlorination would cause BOD violations. Your remission
justification also said that you were "unaware of any previous violations". Previous civil
penalties have been issued against your facility in 2007 and 2020. Your firm is
responsible for the existing penalty and enforcement costs, which total $576.51.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30)
days of receipt of this letter. Please make the check payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance
with NCGS § 143-215.6A (f), your request for remission of the civil penalty (with
supporting documents) and my recommendation regarding the request will be delivered to
the North Carolina Environmental Management Commission's (EMC) Committee On Civil
Penalty Remissions (Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for
remission meets one or more of the five statutory factors you were asked to address, you
must complete and return the attached form within thirty (30) days of receipt of this
letter.
DKQ� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
NCHIH CAHOUNA
O.p.— m Q�. ly 919.707.9000

Docusign Envelope ID: 4456A5C0-9FBA-4EB4-8657-C9A7256D5155
NCO033227 Remission Decision
Page 2 of 3
Please mail the completed form to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed
by the EMC Chairman and, if it is determined that there is a compelling reason to require
an oral presentation from you, you will be notified by certified mail of the date, time, and
place that your oral presentation can be made. Otherwise, the final decision on your
requests for remission will be made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,
please contact Mr. Weaver at [e-mail].
Sincerely,
DocuSignned by:
8328B44CE9EB4A1...
John E. Hennessy
Regional Operations Section Chief
cc: Daniel McDonnell / HRP Associates (197 Scott Swamp Rd, Farmington, CT 06032)

Docusign Envelope ID: 4456A5C0-9FBA-4EB4-8657-C9A7256D5155
NCO033227 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
TE Connectivity Corporation
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number LV-2024-0002
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 120.
TELEPHONE
TITLE (President, Owner, etc.)

Docusign Envelope ID: 4456A5C0-9FBA-4EB4-8657-C9A7256D5155
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2024-0002 Region: Asheville County: Buncombe
Assessed Entity: TE Connectivity Corporation Permit: NCO033227
❑ (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: Permittee states that "as soon as the data was received the operator took measures
to prevent future exceedances". This was the second consecutive month where the BOD limit was
exceeded.
DWR Response: The permittee does not provide conclusive proof that dechlorination is the cause of
the BOD violations in September and October 2023.
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: "The primary cause of the exceedance is unknown; however, it may have been
related to dechlorination tablets" and the "tablets are part of routine maintenance".
DWR Response: The permittee does not provide conclusive proof that dechlorination is the cause of
the BOD violations in September and October 2023. ARO staff are skeptical that dechlorination
would cause BOD violations, as this has not happened before.
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: "We are unaware of any previous violations"
DWR Response: ARO issued an NOV for the previous month's violation and issued civil penalties in
2020 and 2007.
❑ (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 0 No ❑
Original Penalty (without Enforcement Costs) $450.00
Partial Remission ❑ 0% or $0.00 (amount remitted)
Subtotal
$450.00
Retaining Enforcement ConcuSigned by:
$126.51
Total Revised Asse sme�k �, ,
$576.51
8/7/2024
8328B44CE9EB4A1...
John E. Hennessy
Date