NC0021709_Remission (Justification for Request)_20200723

Town of Jefferson Wat'eer Re ourcek
1233 Highway 16 South P.O. Box 67 Jefferson, NC 28640 336.246.2165
" t roteci'u thel New RLver 13a*6*V'
Cathy Howell, Town Manager Tim Church, Director
July 16, 2020
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 CERTIFIED MAIL
SUBJECT: Request for Remission of Civil Penalty
Violation of NC General Statute (G.S.)143-215.1(a) (6)
Town of Jefferson / Jefferson WWTP
Case No. PC-2020-0021
Ashe County
Dear Staff:
RECEIVED
JUL 2 3 1010
NCDEO/DWR/NPDES
This correspondence serves as a written request on behalf of the Town of Jefferson for remission or
mitigation regarding Case Number PC-2020-0021. This includes a detailed statement that establishes
why we believe the civil penalty should be remitted based on information pertinent to some of the
factors that are allowed to be considered.
"Item b. Whether the violator promptly abated continuing environmental damage resulting.........".
No environmental damage was caused by this violation. The Jefferson WWTP continues to perform well
within the discharge limits of its NPDES permit. The plant's biological process is healthy and no damage
was caused to the Town's collection system or pump stations. The residuals generated by the WWTP are
also in good condition regarding all parameters, including Ceiling Concentrations and Cumulative
Pollutant Loading Rates.
The violation was the result of a failure by the Town to accurately calculate Significant Non -Compliance
during the Compliance Judgment process. With assistance from staff at the Winston-Salem Regional
Office the Town has corrected this procedure and we are confident future Compliance Judgment
calculations will be made accurately. Upon discovering this problem, the Town issued a Notice of
Violation to the industry and placed a Public Notice in the local newspaper.
A contributing factor to this issue has been the practice of the industry to perform its semiannual
sampling late within the permit compliance period. As a result, when non -compliant data is generated
there is no longer adequate time for additional sampling to be done that would possibly allow a return
to permit compliance. Despite numerous casual suggestions from the Town for the SIU to perform
sampling earlier within the compliance period, this practice has continued. To address this issue the
Town will propose to the PERCS unit a modification to this IUP that will require self -monitoring to occur
within the first month of the semi-annual period, while allowing the six- month compliance period to
stand.
[e-mail]

Another area of concern brought to our attention by this issue is the likelihood this industry does not
understand the gravity of compliance issues regarding their Industrial User Permit. The failure of the
Town to previously action higher levels of enforcement allowed by the Enforcement Response Plan has
probably contributed to that situation. This industry has a history of cooperation but it seems the Town
needs to become more "active" in helping them fully implement all the conditions of their IUP.
To that end, the Town has prepared an additional Notice of Violation to the industry, citing their failure
to respond to an earlier request to identify a point to monitor their pH adjustment that would not be
considered the "effluent' for compliance purposes. This NOV also points to IUP Part 2, Section 2. (a) (b)
"Reporting" and the requirement to "submit all forms by the twentieth day of the month following the
month in which the samples were taken". Additionally, "If the sampling indicates a violation the
Permittee shall notify the Town within 24 hours of becoming aware of the violation" and conduct
additional sampling. This NOV serves to inform the industry that future violations may result in civil
penalties being levied by the Town based upon the Enforcement Response Plan.
"Item d. The violator has not been assessed civil penalties for any previous violations."
To the best of my knowledge, this condition continues to be true for the Town of Jefferson WWTP.
Enclosed please find the completed Justification for Remission Request and the WAIVER OF RIGHT TO
AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS, signed by the Jefferson Town Manager,
Cathy Howell. If you have questions or require additional information, I can be reached at (336) 246-
2165 or by email at [e-mail]. Thank you for your consideration in this matter.
Respectfully,
�r�'uun�
Tim Church, Water Resources Director, Town of Jefferson
ENCL: Waiver of Right
Justification for Remission Request
CC: Mr. Lon T. Snider, WSRO Regional Supervisor
Cathy Howell, Town Manager, Jefferson

Case Number: PC-2020-0021
J['STIFICATIOti FOR RE <IISSION Rf,:QUEST
County: Ashe
Assessed Party: Town of Jefferson
A
Permit No.: NC0021709 mount Assessed:. 187.99
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 Nearing. and Stipulation of Facts" form to request remission of this civil penalt}
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. Kequesting
g whether the violation(s) occurre
remission is not the proper procedure for contestind or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(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).
ta) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.I(b) were wrongfully applied to the
detriment of the petitioner tthe assessment factors are listed in the Civil jrenalta assessment document):
✓ (b) the violator promptly abated continuing environmental damage re�uliing from the violation 0 e . e.rplairt the
steps that you took to correct the wolation anal prevent future Occurrences).
(c) the violation was inadvertent or a result of an accident i i e , explain tivhly the violation was unavoidable '
something you could not prevent or prepare Jor/,
V (d) the violator had not been assessed civil penalties for any previous violations.
tel payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e, e.rplain
how payment o)-the civil penalty will prevent you Jrom performing the activities necessary to achieve
compliance/
EXPLANATION:

STATE OF NORTH CAROL INA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ASHE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION' OF FACTS
Town of Jefferson )
Jefferson WWTP )
PERMIT NO. NC0021709 ) CASE NO. PC-2020-0021
(laving been assessed civil penalties totaling $2.187.99 for violation(s) asset forth in the assessment document of the
Division of Water Resources dated J n 1 . 202Q, 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
tom the receipt of the notice of assessment.
I his the _ 1 7th day of Jul
-_-- y 20 20
C;�. ��UA4l
RECEIVED �-SIGN'A I1:RF --- - -
JUL 23 2020 ADDRI SS
NCDEQ/DWRINPDES Jefferson Town Hall
_—P,0 -. __B9?t Q 7 __..
Jefferson, NC 28640
TE.LEPHONE [phone]
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