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Home My WebLink AboutNC0026689_Remission (Request)_20201023 4,N OF DENT Q\.P�E T0,,. O4, vP o 1c) RECEI ✓ED y 90C*111 CAR°° OCT 3 1010 TOWN OF DENTON NCDEQ/DW}JNPDES October 7, 2020 North Carolina Department of Environmental Quality Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: REQUEST FOR REMISSION FOR LM-2020-0035, LV-2020-0260, LV-2020-0261, & LV- 2020-0262 Dear Mr. Boone: We are writing in response to your letters dated September 21, 2020 NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY Case No's.: LV-2020-0260, LM-2020-0035, LV-2020-0261 and LV-2020- 0262 and would like to provide justification as to why a civil penalty, of any amount, would hinder our ability to fund future repairs of the WWTP. Through testing around the WWTP we have determined the Dichlorobromomethane is being produced in the chlorine contact chamber. As mentioned in previous correspondence, we have completed all recommendations issued by the State as well as NCRWA technical assistance, and through these changes we saw a reduction, but the exceptionally low limit has been difficult to achieve routine compliance. What we have ascertained is that the baffles inside the chamber are built of cinder block and mortar with no coating. We believe that this type of construction has caused a surface that invites algae growth and retention of organic particles. If this is indeed the case,then even when we wash down, we are not removing the moisture and organics that have been absorbed and embedded into the baffles. It is our plan to pressure wash the sidewalls and baffles, allow to dry and put a coating on the vertical walls to fill in the gaps and pores in the block baffles to prevent solids from adhering and the sloughing off. The epoxy coating which we have received a quote for is—68.00 per gallon and we are estimating 30 gallons will be what we will need to coat both legs of the chlorine contact chamber. With this kind of unexpected debit to our budget,especially during these challenging times,we respectfully ask that the monetary penalties be reconsidered and allow us time to complete this project. We feel very optimistic that this will show immediate positive results. 201 W. Salisbury Street P.O. Box 306 Phone: (336) 859-4231 Denton,NC 27239 Fax: (336) 859-3381 This institution is an equal opportunity provider and employer We sincerely appreciate your attention and consideration in this matter. Sincerely, d _--------- iji. B. Branch, UMC Town of Denton WWTP ORC JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0260 County: Davidson Assessed Party: Town of Denton Permit No.: NC0026689 Amount Assessed: S375.72 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). (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); (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 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: 'E'CoC See ACk-C\-\ C RECEIVED OCT 2 3 2020 NCDEQ/DWR/NPDES JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0261 County: Davidson Assessed Party: Town of Denton Permit No.: NC0026689 Amount Assessed: S423.72 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). (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); (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 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: Please ,�eP C�'T eAeJ lee )er RE C IV � OCT 2 3 2020 NCDEQIDWRINPDES JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0262 County: Davidson Assessed Party: Town of Denton Permit No.: NC0026689 Amount Assessed: S425.72 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 Each"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). (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); (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 future occurrences); (c) the violation was inadvertent or a result of an accident why explain w P(i.e., ex l the violation was unavoidable or y 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: N cise See CI u- A `E RECEIVED OCT 2 3 2020 NCDEQ/DWR/NPDES JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2020-0035 County: Davidson Assessed Party: Toxin of Denton Permit No.: NC0026689 Amount Assessed: S375.72 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. ft"giver 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 yiolation(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). (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); (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 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: ea Se, Q &ANA.< IE' Ie x' RECEIVED OCT 2 3 2020 NCDEQ/DWR/NPDES