NC0021491_LV20180017_20180131

WaterResources
urces
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Certified Mail # 7013 1710 0002 1865 7140
Return Receipt Requested
January 31, 2018
Will Marklin, Mayor
Town of Mocksville
171 S Clement St
Mocksville, NC 27028
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO021491
Town of Mocksville
Dutchman Creek WWTP
Case No. LV -2018-0017
Davie County
Dear Permittee:
{ IL4,r.fL S. REGAN
&CNlMT
RECEIVED/DENR/DW
FEB 0 5 2018
Water Resources
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,399.54 ($1,312.00 civil penalty
+ $87.54 enforcement costs) against Town of Mocksville.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Mocksville for the month of September 2017. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO021491.
The violations, which occurred in September 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Mocksville violated the terms, conditions or
requirements of NPDES WW Permit No. NCO021491 and G S. 143-215.l(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Sherri V. Knight,
Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty assessment against Town of
Mocksville:
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Nhll Road, Suite 300, Winston-Salem, NC 27105
336-776-9800

375.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00021491, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
937.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00021491, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc.
$1,312.00 TOTAL CIVIL PENALTY
87.54 Enforcement Costs
$1,399.54 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are -
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirt�(30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: i
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Patrick Mitchell with the Division of Water Resources staff of the Winston-Salem
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Sherri V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Winston-Salem Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files

ATTACHMENT A
Town of Mocksville
CASE NUMBER: LV -2018-0017
PERMIT: NCO021491
FACILITY: Dutchman Creek WWTP
LIMIT VIOLATION(S)
REGION: Winston-Salem
COUNTY: Davie
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over Violation Penalty
- Date Month/Yr
Parameter
Frequency Measure Value Value Limit Type Amount
9/16/2017 9-2017
BOD, 5 -Day (20 Deg
3 X week mg/I 7.50 1517 1022 Weekly $937.00
C) - Concentration
Average
Exceeded
9/30/2017 9-2017 BOD, 5 -Day (20 Deg 3 X week mgA 5 644 288 Monthly $375.00
C) - Concentration Average
Exceeded

DIVISION OF WATER RESOURCES - CIVII, PENALTY ASSESSMENT
Violator: Town of Mocksville
Facility Name: Dutchman Creek WWTP
Permit Number: NC0021491
County: Davie
Case Number: LV -2018-0017
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Unknown at this time.
2) The duration and gravity of the violation;
Since January 2014 there have been 18 (including the sullect month) monthly self monitoring reports indicating
non-compliance.for ,BUD linnts. There have been numerous emergency solids lransfcr events frorn this JVTY1'P
since year 2008 in an attempt to accommodate insufficient solids stor((ge Aich contributes to eiceed(inces of BOD
11mits.
3) The effect on ground or surface water quantity or quality or on air quality;
Z'nknown (it this time.
4) The cost of rectifying the damage;
Unknown at this time.
5) The amount of money saved by noncompliance;
There have been sign (cant savingv by avoichng the costs f )r remedial and ne'rt% construction which is needed t0 address
this issue. There h(1ve also been savings in not removing solids from the T WYP7 inore,frequently to prevent exceedances
6) Whether the violation was committed willfully or intentionally;
Unknown. However. review (?f the facility files suggests that the facility has been cavare of'the insuffi`c lent solids storage
issue and the TYTYTP design deficiencies f )r an extended period ()f time.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There hL7ve been tl2YPt' prior civil penalties assessed for T3OD eff cent limit violations
8) The cost to the State of the enforcement procedures.
587.54
Date Sherri V. Knight, Regioi-A Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ