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Home My WebLink AboutNC0021491_LV20170269 Denied_20171107Water Resources ENVIRONMENTAL QUALITY November 7, 2017 CERTIFIED MAIL 7003 2260 0005 5305 RETURN RECEIPT REQUESTED The Honorable William J. Marklin, III, Mayor Town of Mocksville c/o Marcus Abernethy, Town Manager 171 S Clement Street Mocksville North Carolina 27504 Your Honor: ROY COOPER Govei not MICHAEL S RAGAN Secietaiy LINDA CULPEPPER Acting Du ectoi Subject: Request to Remit Civil Penalties - Denied Case Number LV -2017-0269 For the Dutchmans Creek WWTP NPDES Permit NCO021491 Davie County In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret to inform you that the Director has denied your request. Therefore, your outstanding balance 4,510.31 [$4,350 + $160.31 enforcement costs] is now due and payable. However, please be advised that the Division may remit a portion of these penalties, but only if Mocksville is willing to negotiate a Special Order by Consent (SOC). Please contact Sherri Knight or George Smith at the Winston-Salem Regional Office (WSRO) (336-776-9800) to set up a meeting to discuss and SOC. In the absence of an SOC, please note that future civil penalties for similar violations will be escalated. Two options are available to you at this stage of the remission process: 1) You may pay this balance. If you decide to pay the penalty, please make your check payable to the Department of Environmental Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the attention of: Attention: Wren Thedford NCDEQ/DWR/SWPS/Point Source Branch NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 The Honorable William J. Marklin, III, Mayor Town of Mocksville c/o Marcus Abernethy November 7, 2017 Page 2 2) You may request the Environmental Management Commission's (EMC's) Committee on Civil Penalty Remissions (the Committee) to make the final decision on your remission request considering your additional oral input, as warranted. If payment is not submitted within 30 calendar days of your receiving this letter, your current request for remission and this letter of denial will be delivered to the Committee for final agency decision. 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 receiving this letter. Send completed form(s) to: Attention: Wren Thedford NCDEQ/DWR/SWPS/Point Source Branch NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you make such a request, the EMC Chairman will review the supporting documents and your request for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason to require a presentation, you will be notified as to when and where you should appear. If your presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee will make its remission decision based on the original assessment amount. Therefore, the Committee may choose to uphold the original penalty and offer no remission, they may agree with the DWR Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have questions, please contact me fioe.corporon ,ncdenr.gov] or call my direct line 919-807-�4. ,/L.G., ROC( Expedited Permitting Attachments: Director's Decision; Si za ary of Civil Penalty Remission Factors Request for Oral Presentation form; CC. Shem Knight, Supervisor SWPS / Winston-Salem Regional Office Enforcement File DEQ/DWR Central Files DIVISION OF WATER RESOURCES Summary of CIVIL PENALTY REMISSION FACTORS Assessed Entity: Town of Mocksville - Dutchmans Creek WWTP Case Number: LV -2017-0269 Penalty: $4,510.31 Region: Winston-Salem County: Davie Permit: NCO021491 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: [not asserted] ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: The Permittee asserts that compliance problems stem from storm -surges and faulty headworks distribution; these conditions inordinately overload the first of three (3) treatment trains; the Town recommends new headworks and secondary clarifiers. DWR Response: Considering the Permittee's continued violations over a period of three (3) consecutive months, the Division disagrees that continuing environmental damage was promptly abated. ❑ (c) Whether the violation was inadvertent or a result of an accident: [not asserted] ❑ (d) Whether the, violator had been assessed civil penalties for any previous violations: [not assertedl. Civil Penalty Assessment (CPA) — Enforcement History Jun2017 LV -2017-0269 Remission Requested May2017 LV -2017-0269 Apr2017 LV -2017-0269 Dec2016 NOD -2017 -LV -0035 Oct2016 NOV-2017-TX-0003 WET -Test Failure Dec2015 NOV-2016-LV-0140 07Aug2015 LV- 2015-0059 $466.96 (paid) 07Aug2015 LV- 2015-0083 $1,516.96 (paid) 06Aug2008 LV- 2008-0227 $2,507.00 (paid) 19Aug2008 LV- 2008-0275 $1,807.00 (paid) 20Nov2008 LV- 2008-0385 $1,459.00 (paid) l0Dec2008 LV- 2008-0421 $984.00 (paid) ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: [not asserted - However, the Permittee argues in its Request that penalties could be better directed to pay for system upgrades.] DWR Response: The Central Office agrees with WSRO's conclusions and recommendations. DECISION (Check One) Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission ❑ $ (Enter Amount) 1 % `/ 7 Linda Culpepper, Acting Director Date: rev 10 — 8.3109 STATE OF NORTH CAROLINA COUNTY OF DAVIE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST. Town of Mocksville - Dutchmans Creek WWTP ENVIRONMENTAL MANAGEMENT COMMISSION DWR Case Number LV -2017-0269 REQUEST FOR ORAL PRESENTATION NPDES Permit NCO021491 I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Caval 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 (3 0) 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 mumcmpalmty 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 potential violation of the statute concerning the authorized practice of law has occurred This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE