NC0026921_Remission Decision_20181212

k.,Stainy ROY COOPER
.`� :y;� Governor
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K 6 A MICHAEL S. REGAN
Secretory
```1' �. , i` LINDA CULPEPPER Lt,
Drrectoi
NORTH CAROLINA
£hviratunet auf Quality
- December 12, 2018
CERTIFIED MAIL #7016 2140 0000 4371 0134
RETURN RECEIPT REQUESTED
Mayor Al H. McMillan
Town of Parkton
P.O. Box 55
Parkton,NC 28371-0055
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Parkton WWTP
Permit NC0026921
Case LM-018-0042
Robeson 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
$1,128.28 ($1,000.00 civil penalty plus $128.28 enforcement) to the total amount of$128.28 ($0.00
civil penalty plus $128.28 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.
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.
C
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

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,
, 5...,_____
Linda Culpepper
Director, Di isi n of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy) &Request for Oral Presentation Sheet
cc: Enforcement File#: LM-2018-0042
Fayetteville Regional Office
Central Files

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Robeson DWQ Case Number LM-2018-0042
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Parkton )
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: LM-2018-0042 Region: Fayetteville County: Robeson
Assessed Entity: Town of Parkton WWTP Permit: NC0026921
❑ (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:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:The November DMR was submitted with a value for the 001 Effluent Total
Suspended Solids that was incorrectly reported on November 7'. The value entered was 608 instead
of the 6.8 as noted on the lab sheet.A copy of the lab report was submitted.There was not a violation
of the Permit Monthly Average or Permit weekly Average for Total Suspended Solids.
DWR Response:After reviewing the lab data the Division agrees there was no monthly or weekly
violation of TSS.Had the Town's response to the initial NOV been received by the WQROS, an
enforcement package would not have been created.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied ❑
Full Remission E Retain Enforcement Costs? Yes,N No❑
Partial Remission❑ $ (Enter Amount)
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inda Culpepper Date