NC0031828_Recommendations_20190430

NPDES Permit NC0031828
Settlement Agreement
L
4G ROY COOPER
- Governor
J S MICHAEL S. REGAN
a
i:.i 4. I .". 4-z : ;
-' • Secretary
~`a, . n,ilw LINDA CULPEPPER
''`">: thwor 0' Director
NOI TH CAROLINA
E. eirtherterttatt Quality
April 30, 2019
Mr.Vernon M. Edwards, Public Works Director
Town of Vanceboro
P.O.,Box 306
Vanceboro, NC 28586-0306
Subject: Settlement Agreement for NPDES Permit NC0031828
Dear Mr. Edwards,
Please find attached a copy of the signed Settlement Agreement for NPDES Permit NC0031828 for
enforcement case LV-2018-0113, LV-2018-0287, LV-2018-0288, LV-2019-0071 and LV-2019-0072. If
you have any questions, please contact John Hennessy at 919-707-3615 or via email
[[e-mail]].
Sincerely,
Robert Tankard
Assistant Supervisor
Division of Water Resources
Washington Regional Office

NPDES Permit NC0031828
Settlement Agreement
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CRAVEN
IN THE MATTER OF )
NORTH CAROLINA ) SETTLEMENT AGREEMENT
NPDES PERMIT NC0031828 ) XYYY
HELD BY THE TOWN OF VANCEBORO )
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6),this Settlement Agreement is
entered into by the Town of Vanceboro,herein referred to as the Town, and the North Carolina
Environmental Management Commission, an agency of the State of North Carolina created by N.C.
General Statute§ 143B-282, and hereinafter referred to as the Commission:
1. The Town and the Commission hereby agree to the following findings:
(a.) The Town holds North Carolina NPDES permit NC0031828 for operation of the Town of
Vanceboro wastewater treatment plant(WWTP) and for making an outlet therefrom for the
discharge of treated wastewater to Swift Creek, Class C; Sw, NSW waters of this State in the
Neuse River Basin.
(b.) Effluent limits included as terms of NPDES permit NC0031828 have been established as those
concentrations of pollutants that may be discharged into the receiving stream without causing
applicable water quality standards to be contravened.
(c.) The Town of Vanceboro has been noncompliant with the effluent limits contained in NPDES
permit NC0031828 in the manner and to the extent described in Attachment A to this
Agreement. Reported violations of effluent limits have persisted from May 2018 through June
2018.

NPDES Permit NC0031828
Settlement Agreement
(d.) The Town has been assessed penalties totaling$9540.00 for effluent limit violations that
occurred from February 2018 through October 2018. Of that total, nothing has yet been
remitted (reduced/removed),leaving an outstanding assessed civil penalties balance of
$9540.00.
(e.) Per application of current Division of Water Resources enforcement guidance,the Town is
potentially liable for the assessment of additional civil penalties for effluent limit violations that
occurred from May through June 2018.
3. In order to facilitate resolution of the matters of outstanding civil penalties and unaddressed
violations documented in paragraphs 1.(d.) and 1.(e.) above,the Commission and the Town agree
to settle the above described penalties and violations for the total amount of$4625.00.
Payment shall be made by check made payable to the North Carolina Department of
Environmental Quality within 15 days of the execution of this Agreement,and sent to the
following address:
Attn: John Hennessy, Supervisor
Compliance&Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all outstanding civil
penalties assessed prior to the execution of this Agreement and resolve all unaddressed violations
occurring prior to the execution of this Agreement.
4. Nothing in this Agreement relieves the Town of its duty to abide by the terms of NPDES permit
NC0031828. Noncompliance with the terms of the NPDES may subject the Town to the assessment
of additional civil penalties during the time this Agreement is in effect.
5. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made, completed or submitted by the dates specified. The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held entirely
by the Town.
6. Because this is an Agreement between the Commission and the Town, neither party will file a
petition for a contested case or for judicial review concerning its terms.

NPDES Permit NC0031828
Settlement Agreement
7. This Agreement shall expire May 10, 2019.
For the Town of Vanceboro:
SZ'41.677,- l,aidith Date 4 ;3 / 9
Vernon M. Edwards
Public Works Director
For the North Carolina Environmental Management Commission:
Date
John Hennessey
Supervisor
Water Quality Permitting Section
North Carolina Division of Water Resources
for the Chair of the Commission

pv \'A:'t>o Alderman Stephen Belrose
Mayor Chad Braxton �" ' �0 Alderman Keith Cannon
57 A . 0 Alderman Todd McMillen
r f '., Alderman Dennis Smith
Town Clerk Beverly Drake i �,'°, r Y Alderman Billy Whitford
!,5'T. v6 i
April 17, 2019
Re: Request for remission or mitigation including a detailed justification regarding Notice of Violation
and Assessment of Civil Penalty for Violations of NCGS 143-215.1(a)(6) and NPDES WW Permit No.
NC0031828, Case No. LV-2019-0072.
To Whom It May Concern:
The Town of Vanceboro Wastewater Treatment Plant has made many repairs and adjustments from
June 2018 through the present time. These include a new gear box in our old aeration basin and a new
gear box in our newest aeration basin. We also put new sand in the tertiary filter, added a new return
sludge pump into our old plant and added a newly repaired return sludge pump in the newest part of
our plant. In January 2019,we added a new electric motor in our old aeration basin at a cost of$902.
This plant was built in 1978 and a new addition in 1994. The costs for these pumps and repairs from
June to present came to a cost of$20,458.96. The Town of Vanceboro is striving to meet all limits and
compliance as set by the State of North Carolina.
Sincerely,
YI//1161/4' 9'4 .e:"41+
Vernon M. Edwards
Public Works Director
Town of Vanceboro
RECEtVEDAvcommwm
MAY 01 2019
Water Quality
permitting section

ma���yyyy`````' 5rA q
R.OY COOPER. _ ' . - - g
Governor VI
�r�3;^�MICHAEL S.REGAN .,Yf/ FA,s crnrary :�
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
Certified Mail#7018 2290 0001 8043 7439
Return Receipt Requested
March 29,2019
Chad Braxton
Town of Vanceboro
PO Box 306
Vanceboro,NC 28586-0306
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.NC0031828
Town of Vanceboro
Vanceboro WWTP
Case No.LV-2019-0072
Craven County
Dear Mr.Braxton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$3,558.00($3,500.00 civil
penalty+$58.00 enforcement costs)against Town of Vanceboro.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Vanceboro for the month of October 2018. 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.NC0031828.
The violations,which occurred in October 2018,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Vanceboro violated the terms, conditions or
requirements of NPDES WW Permit No.NC0031828 and G.S. 143-215.1(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).
r North�Carohna Depaitr nt of Environrnentsl Qua1 ty I D3 fs»m of W ter Resour s
, .D E 1,
14iashimgtom Rioft. Qfsoa_ I'RA34S��sh7mgton Square M Bf I W shington,North CsroFina 27889
252-846-64S1

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,David
May,Regional Supervisor,Washington Regional Office hereby make the following civil penalty assessment against Town
of Vanceboro:
$750.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD,5-Day(20 Deg.
C)-Concentration
$750.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828,by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen,Ammonia
Total(as N)-Concentration
$750.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828,by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Phosphorus,Total(as
P)-Concentration
$500.00 2 of 2 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for BOD,5-Day(20 Deg.
C)-Concentration
$750.00 3 of 3 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrogen,Ammonia
Total(as N)-Concentration
$3,500.00 TOTAL CIVIL PENALTY
$58.00 Enforcement Costs
$3,558.00 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 thirty(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:
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 Stewart White with the Division of Water Resources staff of the Washington
Regional Office at(252)948-3940 or via email at [e-mail].
Sincerely,
1 j
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Washington Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0072 County: Craven
Assessed Party: Town of Vanceboro
Permit No.: NC0031828 Amount Assessed: $3,558.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. 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. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(Le., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Vanceboro )
Vanceboro WWTP )
)
PERMIT NO.NC0031828 ) CASE NO. LV-2019-0072 •
Having been assessed civil penalties totaling$3,558.00 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated 3/29/2019,the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the
right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the I ' day of fkpri I ,20 1 q
127d ed1141A106
SIGNATURE
ADDRESS
FM . Sox 304,
1/ei.nceboro ) N . C . .0858CI
TELEPHONE
35a -ate - ogi1
c 5D - oDq- o78 - CLI1

ATTACHMENT A
Town of Vanceboro
CASE NUMBER: LV-2019-0072
PERMIT: NC0031828 REGION: Washington
FACILITY: Vanceboro WWTP COUNTY: Craven
LIMIT VIOLATION(S)
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
10/6/2018 10-2018 BOD, 5-Day(20 Deg. Weekly mg/i 7.50 17 126.7 WeeKly $250.00
C)-Concentration Average
Exceeded
10/13/2018 10-2018 BOD, 5-Day(20 Deg. Weekly mg/I 7.50 13 73 3 Weekly $250.00
C)-Concentration Average
Exceeded
10/31/2018 10-2018 BOD, 5-Day(20 Deg. Weekly mg/I 5 10 100.0 Monthly $750.00
C)-Concentration Average
Exceeded
10/6/2018 10-2018 Nitrogen,Ammonia Weekly mg/I 6 17.3 188 3 Weekly $250.00
Total (as N)- Average
Concentration Exceeded
10/13/2018 10-2018 Nitrogen,Ammonia Weekly mg/I 6 16 166 7 Weekly $250.00
Total (as N)- Average
Concentration Exceeded
10/27/2018 10-2018 Nitrogen,Ammonia Weekly mg/I 6 13 3 121.7 Weekly $250 00
Total (as N)- Average
Concentration Exceeded
10/31/2018 10-2018 Nitrogen,Ammonia Weekly mg/I 2 11 94 497 0 Monthly $750.00
Total (as N)- Average
Concentration Exceeded
10/31/2018 10-2018 Phosphorus,Total (as Monthly mg/I 1 1.33 33.0 Monthly $750.00
P)-Concentration Average
Exceeded

r
Ot; VaN( , Alderman Stephen Belrose
Mayor Chad Braxton �."' lr Alderman Keith Cannon
#x .
; 0
- a-`,,4'M, bpi Alderman Todd McMillen
ir` } v Alderman Dennis Smith
Town Clerk Beverly Drake Alderman Billy Whitford
April 17, 2019
Re: Request for remission or mitigation including a detailed justification regarding Notice of Violation
and Assessment of Civil Penalty for Violations of NCGS 143-215.1(a)(6) and NPDES WW Permit No.
NC0031828, Case No. LV-2019-0071.
To Whom It May Concern:
The Town of Vanceboro Wastewater Treatment Plant has made many repairs and adjustments from
June 2018 through the present time. These include a new gear box in our old aeration basin and a new
gear box in our newest aeration basin. We also put new sand in the tertiary filter, added a new return
sludge pump into our old plant and added a newly repaired return sludge pump in the newest part of
our plant. In January 2019,we added a new electric motor in our old aeration basin at a cost of$902.
This plant was built in 1978 and a new addition in 1994. The costs for these pumps and repairs from
June to present came to a cost of$20,458.96. The Town of Vanceboro is striving to meet all limits and
compliance as set by the State of North Carolina.
Sincerely,
"PAPPN-511 flAt/g4te4442
Vernon M. Edwards
Public Works Director
Town of Vanceboro
M4y 11.
20os
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li
ROY COOPER r
k, _ ,
0 'i -
R.
,Governor a '1y J
MICHAEL S.REGAN ••-. ..,;w
xvSfCfttQly
LINDA CIJLPEPPER NORTH CAROLINA
Director Environmental Quality
Certified Mail#7018 2290 0001 8043 7422
Return Receipt Requested
March 29, 2019
Chad Braxton
Town of Vanceboro
PO Box 306
Vanceboro,NC 28586-0306
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.NC0031828
Town of Vanceboro
Vanceboro WWTP
Case No. LV-2019-0071
Craven County
Dear Mr. Braxton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,308.00 ($2,250.00 civil
penalty+$58.00 enforcement costs)against Town of Vanceboro.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Vanceboro for the month of July 2018. 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.NC0031828. The
violations,which occurred in July 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Vanceboro violated the terms, conditions or
requirements of NPDES WW Permit No.NC0031828 and G.S. 143-215.1(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).
,5 North Carolina Department of Environmental Quality I Divisiom of Water Resources
DE u .tea.,n•
!!!, Washington Regional Office 1843 Washington Square Mall I Washington,North CsroEna 278E19
r p., dP.�. ren.a 252-848-S451

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, David
May,Regional Supervisor,Washington Regional Office hereby make the following civil penalty assessment against Town
of Vanceboro:
$750.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD,5-Day(20 Deg.
C)-Concentration
$750.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen,Ammonia
Total(as N)-Concentration
$250.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for BOD,5-Day(20 Deg.
C)-Concentration
$500.00 2 of 2 violations of G.S. 143-215.1(a)(6)and Permit No.NC0031828, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrogen,Ammonia
Total(as N)-Concentration
$2,250.00 TOTAL CIVIL PENALTY
$58.00 Enforcement Costs
$2,308.00 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 thirty(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:
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 Stewart White with the Division of Water Resources staff of the Washington
Regional Office at(252)948-3940 or via email at [e-mail].
Sincerely,
aj -7'
Robert Tankard,Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Washington Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0071 County: Craven
Assessed Party: Town of Vanceboro
Permit No.: NC0031828 Amount Assessed: $2,308.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. 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. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
/ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CRAVEN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Vanceboro )
Vanceboro WWTP )
)
PERMIT NO.NC0031828 ) CASE NO. LV-2019-0071
Having been assessed civil penalties totaling$2,308.00 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated 3/29/2019,the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the
right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the I I
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SIGNATURE
ADDRESS
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Vanctho r-o N . C. as55SCp
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TELEPHONE
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ATTACHMENT A
Town of Vanceboro
CASE NUMBER: LV-2019-0071
PERMIT: NC0031828 REGION: Washington
FACILITY: Vanceboro WWTP COUNTY: Craven
LIMIT VIOLATION(S)
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
7/7/2018 7-2018 BOD, 5-Day(20 Deg. Weekly mg/I 7.50 13 73.3 Weekly $250.00
C)-Concentration Average
Exceeded
7/31/2018 7-2018 BOD,5-Day(20 Deg. Weekly mg/I 5 5.6 12.0 Monthly $750.00
C)-Concentration Average
Exceeded
7/7/2018 7-2018 Nitrogen,Ammonia Weekly mg/I 6 7.8 30 0 Weekly $250.00
Total (as N)- Average
Concentration Exceeded
7/14/2018 7-2018 Nitrogen,Ammonia Weekly mg/I 6 7.8 30.0 Weekly $250.00
Total (as N)- Average
Concentration Exceeded
7/31/2018 7-2018 Nitrogen,Ammonia Weekly mg/I 2 4.06 103 0 Monthly $750.00
Total (as N)- Average
Concentration Exceeded