NC0066796_compliance (LV-2020-0106 response)_20200630

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 25, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6087 - RETURN RECEIPT REQUESTED
Mr. Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: CIVIL PENALTY REMISSION REQUEST
NPDES Permit NCO066796
Leicester Elementary WWTP
Case LV-2020-0084
Buncombe County
Dear Mr. Wyatt:
I have considered the information submitted by your organization in support of a request for
remission in the subject case. The generally positive compliance history of the facility, particularly
since 2012, was noted. Therefore, in accordance with NCGS 143-215.6A (f), I have found cause to
remit the original civil penalty assessment by $180.00. Your organization is responsible for
the remaining penalties and enforcement costs, which total $616.45.
If you choose to pay the remaining amount, send payment to the letterhead address within thirty
(30) days of receipt of this letter. Please make checks payable to NC DEQ and include the case
numbers on the check[s].
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendations regarding your requests 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 requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
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
D �.._ North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

NC0066796 Remission Decision
Page 2 of 3
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 requests 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 Mr. Weaver at [phone] or [e-mail].
Sincere y,
4
/Wr(/Z' S. Daniel Smith, Director
Division of Water Resources
cc: NPDES Files

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to Wu:_
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Buncombe County Schools
Attn: Clark Watt
175 Bingham Road
Asheville, NC 28806
A.
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt

DocuSign Envelope ID: 6052C3CB-FDEA-4C9F-BAA6-06B8E77AA13B
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0084 Region: Asheville County: Buncombe
Assessed Entity: Leicester Elementary School WWTP Permit: NCO066796
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: After initial BOD samples showed noncompliance, extra samples were taken; those
were also noncompliant. Checked usage of cleaning supplies at school to make sure proper chemical
and usage were in place. BOD problem eventually traced to excessive chlorine & dechlor dosage.
Lowered dosage of both chemicals while maintaining disinfection. BOD has been compliant since
then.
DWR Response: ARO states that Permittee's response was
✓ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: "Could be considered an accident" due to permittee being unaware that dechlor
could increase BOD.
DWR Response: ARO states that Permittee's response
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Leicester Elementary School has been compliant for past 2. S years with one fecal
daily maximum in February 2018, the last violation.
DWR Response: This facility has been assessed in the past, though no enforcements have been
assessed since 2012.
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: "Just a general statement that during a worldwide pandemic (Covid-19) and schools
across the country being closed and every available dollar is targeted to educating our children in
these conditions instead of paying civil penalties. "
DWR Response: Proper O&M would have prevented these violations.

DocuSign Envelope ID: 6052C3CB-FDEA-4C9F-BAA6-06B8E77AA13B
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty / (without Enforcement Costs)
Partial Remission DO
$600.00
20% or $120.00 (amount remitted)
Subtotal $480.00
Retaining Enforcement Costs $136.45
Total Revised Assessment $616.45
DocuSigned by:
6/15/2020
E�8328B44CEK134M ...
S. Daniel Smith Date
Remission was based on factor (d) only [past compliance history]

0 BUNCOMBE
COUNTY SCHOOLS
March 23. 2020 PREPARING STUDENTS FOR THEIR TOMORROW
RECEIVED
APR 01 2020
DES
175 Bingham Rd., Asheville, NC 28806
Wastewater Branch P:828-232A2441 F:828-232-4249
Division of Water Resources
1617 Mail Service Center
Raleiah. NC 27699-1617
Re: Request Remission of Notice of Violation and Assessment of Civil -Penalty
Case LV-2020-0084
NPDES Permit NCO066796 Buncombe County Schools
Leicester Elementary School
Buncombe County
This letter is to respond to the Notice of Violation and Assessment of Civil Penalty letter we
received 3/4/20, dated 2/24/20 attached.
Per the Notice of Violation referenced letter and action required, we request option #2 (Submit
Written Request for Remission).
As outlined in your remission review, we request review the following factors to our case with
the explanations and supporting documents.
&v one or more of the civil penalty assessment factors in N.C.G.S. I43B-282. l(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors cure listed it? the
civil penalty assessment docament):.V A
�ht the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that Yoft took to correct the riolation and prevent fatntre
occurrences):
• After results of the BOD hit became none, extra samples were collected each week
beyond the 2/month sample resulting in additional hits; BOD hits were occurring
other county school discharge treatment plants at same time (Fairview Elementary,
Cane Creek MS, North Buncombe Elementary school, and Leicester Elementary.)
• Contacted school officials to see if cleaning products had changed in recent weeks.
Informed no changes around time of hits.
• Contact cleaning product manufacturing producers to see if products could lead to
increase BOD loading. Informed would not if applied correctly with dispensers in
place.
• Since Leicester Elementary School is the only single dose sand filter instead of a
extended aeration package plant, we sampled prior to de -chlorination and after
de -chlorination, which showed elevated BOD levels by multipliers of 10 times in
strength. We immediately lowered the tablet chlorine and tablet dichlorination feed
rates to a minimal rate while still providing adequate bacterial kill and de -
chlorination levels. This was the issue determined at Leicester Elementary School.

The period from the first non -compliant 64.2 mg/L on 10/15/19 to 13.2 mg L
compliant on 1 1/19/19 took about four weeks. We did get another non -compliant
BOD on 12-16-19. All BOD's since 12-16-19 to date are compliant.
See exhibit El, which shows the BOD results since the outbreak occurred in
September 2019 to date with violations in yellow.
(o the violation vas inadvertent or a result of an accident (i.e.. explain irht• the riolation
eras arnaroidahle or something you could not prevent or prepare furl:
Could be considered an accident since the school was required to add de -
chlorination some years ago allowing tablet de -chlorinators using product that can
contribute to BOD loading to be approved. No warning of potential BOD loading
known to date.
(d) the violator had not been assessed civil penalties for any previous violations;
• Leicester Elementary School has been compliant for past 2.5 years with one fecal daily
maximum in February 2018, the last violation.
• See exhibit #2 attached which outlines compliance from 2017 to date for Leicester Elementary
School.
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e-, eap!(tin hnu- pcn-ment ref"the civil peimlty Trill prevent i ou fr•onr performing the
activities necessw-v to achieve comphancei.
• Just a general statement that during a worldwide pandemic (Covid-19) and
schools across the country being closed and every available dollar is targeted
to educating our children in these conditions instead of paying civil penalties.
i trustI
consider all factors in reviewing this remission request.
Pleaseu have any questions.
Clark
Buncombe County Schools
Maintenance Department - Director
Cc: File
Mr. Landon Davidson
North Carolina Department of
Environmental Health and Natural Resources
Water Quality Section
2090 U.S. Highway 70
Swannanoa, NC 28778

DocuSign Envelope ID: 725E3CEF-43F8.4BCB-88CS-F8DDC11D286E
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAfNST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Buncombe County Schools )
Leicester Elementary School )
PERMIT NO. NCO066796 ) CASE NO. LV-20_ , 20-0084
Having been assessed civil penalties totaling: 7,; .:45: for violation(s) as set forth in the assessment document of the Division
of Water Resources dated :lbb(I4the 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 23 day of March , 2020
SIGN_ UR)
ADDRESS
Buncombe County Schools
Clark Wy-iretor of Maintenance _
175 Bingham Road.._, .
Asheville.. N.C. 28806
TELEPHONE
(828� 23274244_..
RECEIVED
APR :0 12020
NCDEQIDWRINPDES

DocuSign Envelope ID: 725E3CEF-43F8-4BC8-88C9-F8DDC94 D286E
Case Number. LV-2020-0094 County: Buncombe
Assessed Party: Buncombe County Schools
Permit No.: NCO066796 Amount Assessed: S736.45
Please use this form when requesting remission of this civil penalty. Yot► 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 Iisted 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. I (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.5, l 43B-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
Y steps that you took to correct the violation and prevent future occurrences);
/1 (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:
RECEIVED
APR 0 12020
NCDEQ/DWR/NPDES

Exhibit 1
BOD Results Sept 2019-March 2020
Leicester Elementary Schools NC0066796
Leic I Leic I Leic ILeic I Leic Leic Leic
12-Sep 10 1-Oct 9.9 4-Nov 74.9 3-Dec 29.2 7-Jan 15.1 4-Feb 9gAVG
6.8
24-Sep 31.6 15-Oct 64.2 16-Dec 79.8 21-Jan 13.2 18-Feb 9.4
23-Oct 55.5 19-Nov 13.2
20-Nov 11.4
21-Nov 5.5
AVG 20.8 AVG 43.2 AVG 26.25 AVG 54.5 AVG 14.15 AVG 9.2 6.8

Exhibit 42
2017-2020
Facility I Leicester INC0066796
BOD NH3N TSS Fecal
2017
1 Daily MaxI
Mo Avg
Daily Max
Mo Avg
DailyMaxj
Mo Avg
I Daily Max
Mo Avg
Jan
42.5
24.9
5.8
5.8
8
4
0
1
Feb
15.2
9.45
1
1
1 3.1
1.55
0
1
Mar
38.1
18.2
2.1
2.1
0
0
13
3.6
April
2.5
1.25
0.67
0.45
1T6
14.35
7
2.6
May
2.3
1.15
0.6
0.55
16.6
8.3
0
1
Jun
13.6
11.8
0.3
0.2
0.0
0.0
0.0
1 1.0
Jul
no flow
no flow
no flow
no flow
I no flow
no flow
I no flow
I no flow
Aug
3.3
33
0.14
0.14
1 3.7 j
3.7
1 0
1 1
Sept
<2
1
1
1
<2.7
2.2
220 1
??
Oct
3.4
3.4
0.4
0A
22.8
15.6
0.0
1.0
Nov
34.8
27.3
3.4
2.65
8.9
4.45
0
1
Dec
14.1
10.15
2.5
1.7
3.3
1.7
0.0
1.0
emit Urn!
45
30
35"
18`
45
30
45
30
BOD NH3N TSS Fecal
2018
j Daily MaxI
Mo Avg
I Daily Max
I Mo Avg
I Daily Max
Mo Avg
I Daily Max
Mo Avg
Jan
13A
6.55
2.9
2.25
8.8
4.4
0
1
Feb
3.7
1.85
1 2.7
2.4
0
0
7DD
5.14
Mar
5.6
5
3.9
2.3
0
0
1
1
April
61
18.5
1.6
0.92
11.4
5.7
0
1
May
3.6
2.3
2.6
1.12
6.6
2.2
0
1
Jun
15.8
15.8
0.0
0.0
0.0
1 0.0
0.0
1.0
Jul
I no flow
no flow
no flow
I no flow
no flow
no flow
no flow
no flow
Augno
flaw
no flow
no flow
no flow
no flow I
no flow
no flow
no flow
Sept 1
3.7
1.85
0.81
0.68
3.1 1
1.55
0
1
Ott
39.D
25.9
0.7
0.4
2.9
2.9
0.0
1.0
Nov
2.2
1.1
2.4
2.4
4.3
2.15
0
1
Dec
0.0
0.0
4.1
4.1
9.4
7.4
O.D
1.0
ermit Limi
45
30
35`
18"
45
30
400
200
BOD NH3N TSS Fecal
2019
Daily Max
Mo Avg
Daily Max
Mo Avg
Daily Max
Mo Avg
Daily Max
Mo Avg
Jan
26.2
15.2
5.1
5.1
5.2
5.1
0
1
Feb
10.8
9.25
3.7
3.7
0
0
0
1
Mar
23.4
13.65
4.4
4.4
6.7
5.6
0
1
April
3.2
1.6
4.2
2.15
9.8
4.9
1
1
May
23.1
18.9
3.4118*
9.7
4.89
0
1
Jun
18.7
17.0
1.410.0
7.0
0.0
1.0
Jul
no flow
no flow
no flowno
flow
no flow
no flow
no flow
Aug
0
0
0.17
3.9
1.95
0
1
Sept
31.6
20.8
1.726.8
15.35
0
1
Oct
64.2
43.2
11.347.0
29.4
0.0
1.0
Nov
74.9
26.25
30.334.9
23.25
0
1
Dec
79.8
54.5
8.926.8
25.4
0.0
1.0
ermit Limi
45
30
36'45
1
30
400
200
`April - Oct
BOD NH3N TSS Feral
2020
Daily Max
Mo Avg
Daily Max
Mo Avg
Daily Max
Mo Avg
Daily Max
Mo Avg
Jan
15.1
14.15
21.1
21.1
21.6
18.8
<2
1
Feb
9.4
9.2
27.3
27.7
11.2
10.1
<2
1
Mar
April
May
Jun
Jul
Aug
i
ermlt Llmi
45 1
30
35` 1
18`
45
30
400
200
'April - Oct