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HomeMy WebLinkAboutNC0020656_Remission (Decision)_20200203ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NCR rH CAI -OLINA Er1kirdtkMeA1&I Qddiify February 3, 2020 Charles D. Nichols III, City Manager City of Laurinburg PO Box 249 Laurinburg, NC 28353-0249 Subject: Civil Penalty Remission Request Leith Creek WWTP NPDES Permit NCO020656 Case Number LV-2019-0371 Scotland County Dear Mr. Nichols: This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Unfortunately, the Division received the request after the allotted thirty (30) days from your receipt of the assessment. Therefore, the request for remission cannot be accepted. Please find attached the originally submitted request for remission. If you have any questions about this matter, please contact me at (919) 707-3619 or via e-mail at brianna.young@ncdenr.gov. Sincerely, Brianna Young, Environmental Specialist II Compliance & Expedited Permitting Unit Division of Water Resources, DEQ cc: Enforcement File NPDES Program Files Fayetteville Regional Office ,9AW-) North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 cei#tfl Vanagri 303 West Church Street I P.O. Box 249 1 Laurinburg, NC 28353 T.910.276.8324 1 F:910.276.0354 1 www.laurinburg.org January 21, 2020 Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 To Whom It May Concern: Iq SCEI it G® JAN 2 9 2020 qC°btu ID'r RINP©ES Subject: Remissions Request Case No. LV-2019-0358 Case No. LV-2019-0371 City of Laurinburg Leith Creek WWTP NPDES No. NCO020656 Scotland County The City has received two Notice of Violations and Assessment of Civil PenaLty letters dated December 6, 2019 and December 12, 2019. Since the violations were for the same parameters in both letters, we are addressing the remissions request jointly. The noted violation in both NOVs were: - Flow — Monthly Average Exceeded We offer the following comments in explanation of the permit violations: • The monthly average limit for flow was exceeded in both December 2018 and January 2019. The increased flow to the WWTP is due entirely to inflow and infiltration into the collection system during rain events. • There was a total of 9.9 inches of rainfall recorded in the City for the month of December 2018, nearly three times the average monthly rainfall for December. This was preceded by 6.88 inches of rainfall in November 2019, twice the average November rainfall and 20.72 inches of rainfall in September 2018. The rainfall in September was a result of Hurricane Florence. • The level of ground saturation during this period greatly increased the amount of inflow and infiltration into the collection system. The total recorded rainfall for 2018 and January 2019 was 76.76 inches. This is over double the annual average rainfall for North Carolina. • Even with the high flows, the WWTP maintained all compliance with all other permitted parameters. • There were no environmental impacts due to the high flows. • As collection defects are identified, the City will continue to make repairs. The City has very limited funds to spend on the operation and maintenance of the sewer collection system and the wastewater treatment plant and many needs. We will continue to look for funding sources for major Wastewater Branch January 21, 2020 Page Two projects. We ask that a civil penalty not be assessed to the City so that monies can continue to be used for the correction of defects. If you have any questions or comments, please call Dixon Medlin, Director of Water and Wastewater Treatment Plants, at 910/291-1716. Sincer harles D. Nichols III City Manager STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SCOTLAND IN THE MATTER OF ASSESSMENT } 'WAIVER OF RIGHT TO AN OF CIVTL PENALTIES AGAINST ) ADAHNIxSTRATIVE HEARING AND STIPULATION OI' ]FACTS City of Laurlaburg } Leith Creek WWTP ) PERMIT NO. NCO020656 ) CASE NO. LV-201.9-0358 Having been assessed civil penalties totaling $1,628.28 for violation(s) as set forth in the assessment document of the Division of Water Resources dated Decdmber 06 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, day of - av 20 RECEIVED JAN 2 g 2020 G;'00L_ SIGNATURE 190 ���/D R�NMES ADDRESS TELEPHONE qla-i'i - /2-212 PERMIT: NCO020666 FACILITY: Leith Crook VWVTP LIMIT VIOLATION(S) SAMFLE LOCATION., Outfall 001 -Effluent Violation Report Date Month/Yr Parameter 12131/2018 12-2018 Flow, in conduit orthru treatment plant ATTACHMENT A City of Laudnburg CASE NUMBER: LV-2019-0358 REGION; Fayetteville COUNTY: Scotland Unit of Limit Calculated % Over Frequency Measure Value Value Limit Continuous rngd a 5_13 28.3 Violation Penalty Type Amount Monthly $1'600.00 Average Exceeded dUSTIMCATION FOR REMISSION REQUIM Case Number: LV-2019-0358 Assessed Party: City of Lauriaburg Permit No.: NC0020656 County: Scotland Amount Assessed: $1,628.28 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 maybe 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. 1438-282,1(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 fi-om the violation (i.e., explain the ,steps thatyou took to correct the violation and preventfacture 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 (t, a, explain how payment of the civil penalty will prevent you from performing the activities necessmy to achieve compliance). 11MLANATION: .DAecla� of. Vale z aR(I C&(a,11ewate i, UT eatmeid Plaid P 0box 248 Laurinburg. NC 28353 LAURISUIRG^_- 91 277-0214 'l040 Rainfall for Laurinburg, NC - January 2018 — February 2019 January 2018— 3.00 February 2018 —1.85 March 2018— 2.82 April 2018 — 6.21 May 2018 — 6.67 June 2018 — 4.35 July 2018 — 3.72 August 2018 — 3.32 September 2018 - 20.72 Hurricane Florence October 2018 — 3.56 November 2018 - 6.88 December 2018 — 9.90 Ja nua ry 2019 — 3.76 Total Rainfall — 76.76 STATE OF NORTH CAROLINA COUNTY OF SCOTLAND 1N THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Laurinburg Leith Creek WWTP PERMIT NO. Nd0020656 DEPARTMENT OF ENVIRONMENTAL QUALITY } NVAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS } CASE NO. LV 2019-0371 RECEIVED JAN 2 9 2020 WDEOIDWRWDES Having been assessed civil .penalties totaling $1,628.28 for violation(s) as set forth in the assessment document of the - Division of Water Resources dated December 12, 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 �� day of20 ,2C7 /'1 A— SIGNATURE ADDRESS �e a TELEPHONE 9t0-.29i-1? JUSTRICATION FOR RE' MISSION REQUEST Case Number: LV-2019-0371 Assessed Party: City of Laurinburg Permit No.: NC002065-6 County: Scotland Amount Assessed: $1,628,28 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 maybe 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. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penally assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took cd to correct the violation anprevent 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 (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: ATTACHMENT A City of Laurinburg CASE NUMBER: LV-2019-0371 PERMIT: NCO020656 FACILITY: Leith Creek WWTP REGION: Fayetteville COUNTY: Scotland LIMIT VIOLATION(S) SAMPLE LOCATION: Quffall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 1/31/2019 1-2019 Flow, in conduit orthru Continuous mgd 4 6.24 30.9 Monthly $1,500.00 treatment plant Average Exceeded RECEIVED JAN 2 9 2020 WDE01,I)W INMES P.O. Box 249 Laurinburg, NC 28353 910-277-0214 -0 "! Lhk LA I IBU RG 1104a lam- R Rainfall for Laurinburg, NC - January 2018 — February 2019 January 2018— 3.00 February 2018 —1.85 March 2018— 2.82 April 2018 — 6.21 May 2018 — 6.67 June 2018 — 4.35 July 2018 — 3.72 August 2018 — 3.32 September 2018 - 20.72 Hurricane Florence October 2018 — 3.56 November 2018 - 6.88 December 2018 — 9.90 January 2019 — 3.76 Total Rainfall — 76.76