NC0088340_Remission Decision (LM-2024-0014)_20240819

Docusign Envelope ID: B8F4E37B-29AO-4258-A57F-F3EOBC8E3C97
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
\f QUhMNa j
NORTH CAROLINA
Environmental Quality
8/19/2024
CERTIFIED MAIL 70191120 00014877 7007
RETURN RECEIPT REQUESTED
Timothy A Buck, County Manager
Pamlico County
PO Box 158
Bayboro, NC 28515
Subject:
Dear Mr. Buck:
REMISSION REQUEST of
CIVIL PENALTY ASSESSMENT
NPDES Permit NCO088340
Pamlico County -Millpond WTP
Pamlico County
CASE Number LM-2024-0014
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 $350.00 of the $492.65 total penalty
assessment. The revised amount due is $142.65, 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 $142.65.
If you decide to pay the revised assessment, please make your check in the amount of $142.65, 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:
Siying Chen
NC DEQ-DWR — NPDES Permitting Branch
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.
DEQ ,fJ 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 (J1(�.'�O'�.(�OQO
Department of Emlmnmenfal Duali�

Docusign Envelope ID: B8F4E37B-29AO-4258-A57F-F3EOBC8E3C97
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:
Siying Chen
NC DEQ-DWR — NPDES Permitting Branch
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 Siying Chen at
919-707-3619, or via e-mail at [e-mail].
Sincerely,
DOCUSigned by:
8328B44CE9EB4A1...
John E. Hennessy, Section Chief
Water Quality Regional Operations
Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: Laserfiche
NCDEQ Washington Regional Office
D E Q�� North Carolina Department of Environrnental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depanmem of Envlmnmenml Dual

Docusign Envelope ID: B8F4E37B-29AO-4258-A57F-F3EOBC8E3C97
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2024-0014 Region: Washington County: Pamlico
Assessed Entity: Millpond WTP Permit: NCO088340
❑ (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:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The violations were inadvertent and unavoidable due to the approved treatment
process required to produce safe potable drinking water. Two of the treatment processes, corrosion
control and disinfection, are the locations where copper and zinc are likely present. These treatment
processes are required by the NCDEQ Public Water Supply Section.
Having tight copper and zinc limits in microgram level is a daunting task, and the County has not
received technical support from the regional staff during the process of determining the source of
pollution. The County has been working with their consultant on a solution to the discharge issues,
and WaRO has been periodically updated. In-depth investigation and sampling revealed that the
current corrosion control inhibitor contains both zinc and copper, and present in the make-up water
used by the chemical supplier. The County is in the process of securing a new plain orthophosphate
chemical for corrosion control that is acceptable to NCDEQ PWS and does not contain copper and
zinc. Sampling also revealed that the liquid ammonium sulfate (LAS) that is utilized to form
chloramines is also a source for copper and zinc. The chemical supplier is utilizing potable make-up
water that contains copper and zinc and is unwilling at this time to switch to deionized water for
product make-up. The County is currently looking for a new chemical supplier of LAS that contains
no copper and zinc.
DWR Response: Had the compliance schedule for achieving compliance with Total Zinc limits
specified in Section A. (2.) by November 1, 2022. prior to limits to take effect. Did not take action
until after compliance schedule was over. Pamlico County is approved to use chloramines as a
secondary/residual disinfectant to reduce the formation of disinfection by-products that occur when
maintaining a free chlorine residual. As far as chloramination is concerned, they are free to use any
NSF 60 approved chemical for the process. However, most systems have moved away from
anhydrous or ammonium hydroxide to the LAS form which is safer for operators and suppliers to
handle. There are other chemical suppliers available in our region, but it is unknow if the LAS they
offer is produced by UNIVAR or another company. I would expect any alternative LAS would need
to be investigated to determine if it would be affected by the same issues.

Docusign Envelope ID: B8F4E37B-29AO-4258-A57F-F3EOBC8E3C97
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
® (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: The penalty will add additional cost to the remedial action already underway, will
add to the investigative costs spent to date, and will therefore create an added financial burden to the
County.
DWR Response: The Division agrees that the penalty will add additional cost for the remaining
necessary remedial actions and will take the expenses incurred into consideration.
DECISION (Check One)
Request Denied ❑
Full Remission ® Retain Enforcement Costs? Yes ® No ❑
Original Penalty (without Enforcement Costs) $ 350.00 (enter amount)
Partial Remission El% or $ (amount remitted)
Subtotal $ 0.00
Retaining Enforcement Costs $ 142.65
Total Revised Assessment $ 142.65
DocuSigned by:
�k
8/19/2024
8328B44CE9EB4A1...
John Hennessy Date

Docusign Envelope ID: B8F4E37B-29AO-4258-A57F-F3EOBC8E3C97
NCO088340 Remission Decision
STATE OF NORTH CAROLINA
COUNTY OF PAMLICO
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
PAMLICO COUNTY
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number LM-2024-0014
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 day of , 20
SIGNATURE
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE