NC0037508_Remission Request_20180906

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NORTH CAROLINA
Environmental Quality
ROY COOPER
Governor
MICHAEL S.R.ECAN
Secretory
LINDA CULPEPPER.
Interim Director
September 6, 2018
CERTIFIED MAIL#7015 0640 0007 9833 6667
RETURN RECEIPT REQUESTED
Randy G. Gould, Director of Public Works
Moore County
P.O. Box 1927
Carthage,NC 28327-1927
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Moore County WPCF
Permit NC0037508
Case LV-2017-0044
Moore County
Dear Permittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of
$2,142.81 ($2,000.00 civil penalty plus $142.81 enforcement) to the total amount of$142.81 ($0.00
civil penalty plus $142.81 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead
address within thirty(30) days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,
which is comprised of members of the Environmental Management Commission. The Committee may
consider such requests and render final and binding decisions in these matters. You may argue your
request before the Committee, and the Division staff will argue against any reduction of the assessment.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

NC0037508 Remission Decision
Should you choose to present your request to the Committee,please notify me at the letterhead address
within thirty(30) days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice, Division staff will automatically place your case on the agenda
of a future Committee meeting.
Thank you for your cooperation in this matter. If you have any questions,please contact Brianna Young
at 919-707-3619 or [e-mail].
Sincerely,
V
'Linda Culpepper
Interim Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#: LV-2017-0044
Fayetteville Regional Office
Central Files

NC0037508 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Moore DWQ Case Number LV-2017-0044
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Moore County )
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 TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2017-0044 Region: Fayetteville County: Moore
Assessed Entity: Moore County—Moore County WPCF Permit: NC0037508
❑ (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:The County researched several reasons for the weekly and monthly BOD
violations.After correcting the issues of the pipe coming detached from the wall and the effluent
sampler and sampler hose sitting idle all weekend,their compliance improved during June and July.
DWR Response:The facility has not had any BOD violations since July 2016 until April 2018.In
April 2018 they had a monthly BOD violation of 12%over their permitted limit(5.0 mg/L).
•
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:At some point over the summer,the PVC pipe that attached the effluent sample
tubing to the wall became detached.Maintenance was performed May 18 to attach the pipe back to
the wall,which placed the tubing back into the effluent channel but may not have been in the same
position(a nonturbulent zone with adequate flow).In addition, there was a practice of pausing the
effluent composite sampler on the weekends,which was stopped after exhausting their investigation,
to allow continuous flushing of the strainer and tubing.
DWR Response:The FRO staff and Moore County staff had several conversations about things the
county could do to try and solve the problem.
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:No response was provided for this factor.The total cost of the work and
investigation was included.
DWR Response:The only other enforcement case in BIMS was a Toxicity violation in 2009. Facility
has a great compliance record.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied 0
Full Remission al Retain Enforcement Costs? Yesm No❑
Partial Remission 0 $ (Enter Amount)
�drinda Culpepper Date