NC0020389_Remission Justification_20190716

RECEIVED/NCDEQ/DWR
R. ISAAC PARKER JUL 6 2019
ATTORNEY AT LAW
Office of the Benson Town Attorney Water Quality
212 East Main Street Permitting Section
Benson,North Carolina 27504
Telephone [phone] Email Address:
Facsimile [phone] [e-mail]
Friday, July 12, 2019
COVER LETTER AND CERTIFICATE OF SERVICE
The undersigned Town Attorney for the Town of Benson,North Carolina certifies the attached
REQUEST FOR ORAL PRESENTATION, and attachments appended thereto, have been
delivered as follows:
VIA USPS FIRST CLASS MAIL TO:
Ms. Briana Young
NC DEQ/ DWR/ NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617 '
With this submission, please note the Town of Benson received the attached correspondence
dated May 31, 2019 on June 28, 2019. Please accept this Request for Oral Presentation timely.
If you have any questions regarding this request or the timeliness of submission, please contact
my office.
THIS THE J- DAY OF J t y , 2019
Sincerely yours,
C-Z----f '
R. Isaac Parker

STATE OF NORTH CAROLINA ENVIRO?` MENTAL MANAGEMENT COMMISSION
COUNTY OF Johnston DWQ Case Number PC-2018-0019
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Benson )
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:
O 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 andlar my representative during a
Committee meeting held in Raleigh,North Carolina.
o 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 clie 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 wvv"w ncba cor/et,hics,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 he 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 I day of J '� �� ,20 1
14-1-4-Dine,./
SIG/ TITLE(President,Owner,etc.) +'
ADDRESS
TELEPHONE 00 - 1 1 u - t4f 3 ,
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DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2018-0019 Region: Raleigh County: Johnston
Assessed Entity: Town of Benson WWTP Permit:NC0020389
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Perrnittee States:Part Il Section C.6 Removed Substances:At no time did the Town of Benson fail to
properly dispose of its sludge.The Town experienced an accidental overflow from its permitted
sludge stabilization and storage basin.The Town legally contracts with a contractor for sludge
dewatering and offsite disposal.Prior to the spill occurring,the contractor was scheduled to perform
permitted biosolid removal at the facility. When the spill occurred,the Town used its available
resources to contain and clean up the spill and retain biosolids onsite for proper disposal.
DWR Response:The Town did fail to properly dispose of its sludge by allowing the sludge Iagoon to
overflow and sludge accumulated on the ground.The Town did use its resources to clean up the
sludge,but a large amount of sludge was observed on the ground 6 days after the initial DWR
response. Vegetation growing in the sludge, as well as the discoloration of the sludge,indicate that
the sludge has been present on the ground long term.
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Pennittee States:Part II Section B.2 Duty to Mitigate:The Town took immediate action to contain
and clean up the sludge.Equipment and personnel were moved onto the site to assess the situation,
contain the spill,consolidate the sludge and clean up the surrounding area. At the time of the spill,the
lagoon was at its maximum operating level during its 12-month cleanout cycle.The Town's sludge
disposal contactor was already scheduled to mobilize and begin removing sludge from the lagoon in
early July 2018 when the spill occurred in mid-June 2018.To prevent a future occurrence,the Town
authorized the disposal contractor to remove an additional 1,182 tons of biosolids from that lagoon
above and beyond its normal annual removal of 400 tons.
DWR Response:The Town did use its resources to clean up the sludge,but a large amount of sludge
was observed on the ground 6 days after the initial DWR response. The Town also removed an
additional 1,182 tons of sludge in addition to the normal amount removed.
•
® (c) Whether the violation was inadvertent or a result of an accident:
Pennittee States:Part II Section B.2 Duty to Mitigate:The sludge discharge was an accident.The
Town acknowledged that debris had become lodged in the effluent pipe and taken preventative action
to remove the blockage several days prior to the spill. Because of a substantial rain event resulting in
considerable inflow and infiltration into the WWTP and inability for the lagoon effluent pipe to
adequately drain water into the adjacent basin,an accidental release of sludge onto the adjacent berm
occurred.
DWR Response:The UI to the WWTP does not significantly affect the wasting to the sludge lagoon.
Sludge was released to the ground.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:

• •
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(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Pernnittee States:Part II Section B.2 Duty to Mitigate:The Town is proactively taking remedial
actions to prevent future incidents.The Town has invested in sludge removal and in new WWTP
equipment and installation.Additional treatment unit and building improvements have been identified
and will be scheduled when funds become available.Assessment will impede the Town's ability to
recuperate necessary funds to undertake this remaining scope of work.
1
Part II Section C.2 Proper Operation and Maintenance(full remission request):The Town is
proactively taking remedial actions to prevent future incidents.Assessment of a civil penalty will
impede the Town's ability to complete identified improvements.It also offsets significant capital
outlay expended for the treatment plant equipment observed to be out of service.The observed
treatment units that were out of service during the June 21,2018 site visit were not the cause of the
sludge overflow.The Town has since obtained bids and started necessary repairs to the equipment.
Part II Section C.6 Removed Substances(full remission request):The Town is proactively taking
remedial actions to prevent future incidents.Assessment of a civil penalty will impede the Town's
ability to complete its planned rehabilitation measures.
Maintaining insufficient lagoon freeboard;Failure to record freeboard levels;Failure to perform
composite sampling;Failure to report a spill;Failure to provide an annual report:These assessment
factors are acknowledged and are operational errors at which time permit noncompliance occurred.
The Town requests partial remission to continue perlbrming remedial activities.The Town has made
good faith efforts to mitigate future permit non-compliance by spending considerable capital reserve
funds to remove 1,582 tons of biosolids from the aerobic sludge basin;perform improvements at grit
chamber,screw pumps,oxidation ditches,secondary clarifier,tertiary filters, and chlorination facility;
and improve management and oversight of the WWTP operations and maintenance activities.
'((1
DWR Response:The Town reportedly is taking measures to comply with conditions of the NPDES
permit.The Town reports"Additional treatment unit and building improvements have been identified
and will be scheduled when funds become available."It is unclear what/when funds will be available
to implement improvements.
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DECISION(Check© e)
Request Denied
Full Remission U Retain Enforcement Costs? Yes❑ No❑
Partial Remission❑ $ (Enter Amount)
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Linda Culpepper Date
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NORTH CAROL INA
Envir'ovtrnrrttai Qtfrrdity
May 31,2019
CERTIFIED MAIL#7016 2140 0000 4371 0431
RETURN RECEIPT REQUESTED
Timothy Robbins,Public Works Director
Town of Benson ,
PO Box 69
Benson,NC 27504-0069
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Benson WWTP
Permit NC0020389
Case PC-2018-0019
Johnston County
Dear Mr. Robbins:
The Division has considered the information submitted in support of your request for remission in the
subject cases. In accordance with NCGS 143-215.6A(ir),the Division has found no cause to remit the
original civil penalty assessment of$57,608.90.
If you choose to pay the penalty,send payment to the letterhead address within thirty(30)days of
receipt of this letter. Please,make the check payable to NC DEQ.
If payment is not received within thirty(30)days of receipt of this letter,in accordance with NCGS §
143-215.6A(f), your request for remission of the civil penalty(with supporting documents) and my
recommendation to deny the request will be delivered to the North Carolina Environmental Management
Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address,you must complete and return the
attached form within thirty(30)days of receipt of this letter. Please mail the completed form to:
Ms.Brianna Young
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
r
North Carolina Department of Envuorrrnental Quality l Drviston of Water Ftosaurces
1617 Mail Service Centel i Ralergn,North Carolina 27699-1617
919-707-9000

,
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and,if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date, time,and place that your oral presentation can be
made. Otherwise,the final decision on your request for remission will be made by the Committee based
on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,please contact
Brianna Young at(919)707-3619 or [e-mail].
Sincerely,
Linda Culpepper
Director,Division of Water Resources
cc: Enforcement File
Raleigh Regional Office
Central Files
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