NC0086924_Remission (Justification for Request)_20190827

Tyrrell County Board of Commissioners
Post Office Box 449
Columbia, North Carolina 27925
Telephone [phone]
�%k G 1±,
Nathan T. Everett, Chairman '� - ;�;. � � David L. Clegg, County Manager and Attorney
Carl L.Willis,Vice Chairman 1 #i Penny Rhodes Owens, Clerk to the Board
p ;
Nina B. Criswell
Lawrence S. Swain ;';
Jordan R. Davis
August 27, 2019
RECE D/NCDEQ/DWR
Wastewater Branch AUG 0 2019
Division of Water Resources Water Quality
1617 Mail Service Center Fermi ►ns se°ho
Raleigh, North Carolina 27699
Re: Tyrrell County
Case Number LV-2019-0181
All:
Enclosed, please find a Waiver and Justification in the above case. Please do not
hesitate to contact me if I can provide further explanation.
Sincerely,
David L. Clegg
Enclosures

•
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF TYRRELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Tyrrell County )
Reverse Osmosis WTP )
)
PERMIT NO.NC0086924 ) CASE NO. LV-2019-0181
Having been assessed civil penalties totaling$320.00 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated July 31,2019,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 27th day of August ,201 9
•
•
RECEIVED/NCDEQ/DWR SIGNA U
AUG 3 0 1019 ADDRESS
Water Quality David L. Clegg, Attorney
Permitting Section
Tyrrell ,County
PO Box 449
Columbia, NC 27925
TELEPHONE
232-796-1371 , ext. 0

•
JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-2019-0181 County: Tyrrell
Assessed Party: Tyrrell County
Permit No.: NC0086924 Amount Assessed: $320.00
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).
X (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);
X (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 fixture occurrences);
X (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;
X (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:
See Attached.

Justification for Remission Request
ATTACHMENT
Case Number LV-2019-0181
Tyrrell County
Permit No. NC0086924
A.
1. This event occurred in part because of a change in EPA regulation. Any
harm has been mitigated through the securing of a draft permit.
2. The duration of the event was short lived and addressed through the
EMC/DEQ permit process.
3. The effect on the surface and ground water was minimal and is now
addressed through appropriate draft permitting.
6. The violation was unintentional and believed by Tyrrell County to be
within its permitted levels until the EPA regulation change.
7. Tyrrell County has an exemplary record in managing EMC regulations
and programs in a super-rural, economically and ecologically sensitive setting.
B.
Tyrrell County immediately contacted DEQ personnel and its own
consulting engineers in an effort to abate this issue and took proactive and costly
steps to investigate and strategize a solution for this matter.
C.
The violation was clearly inadvertent. When the Tyrrell County plant was
constructed, the permitted copper level was not designated at the current level. The
removal of copper was addressed in plant design to the then-current standards.
New operational parameters and the changes they have required are problematic
not only for Tyrrell County but other governments as well.

EPA lowered the limits for copper and Tyrrell County did not have adequate
time to assess the changes and make the necessary studies to develop and
implement changes to its operating system. The County was diligent in its efforts
to comply with law and regulation, including amending anti-sealant protocols.
Tyrrell County requested and ultimately received a draft permit from
EMC/DEQ.
Tyrrell County passed the Discharge Monitoring for August, 2019.
Presented by:
David L. Clegg
County Manager
County Attorney
Tyrrell County