NC0035904_TX-2021-0001 Remissions Request_20210218

North Carolina Department of Public Safety
Central Engineering
Roy Cooper, Governor Casandra Skinner Hoekstra, Chief Deputy Secretary
Erik A. Hooks, Secretary Douglas Holbrook,Chief Financial Officer
Jeffrey O'Briant, Director
February 18, 2021
Mrs. Cindy Moore
Supervisor,Aquatic Toxicology Branch
DEQ/WSS/ATB
1621 MSC
Raleigh, NC 27699-1621
In Re: Assessment of Civil Penalty; Remission Request
TX-2021-0001
McCain Hospital WWTP; Permit NC0035904; Hoke County
Dear Mrs. Moore,
The Department of Public Safety (DPS), on January 29, 2021, received the referenced Assessment of Civil Penalty
for violating chronic toxicity limits for July 2020 and August 2020. The McCain Hospital WWTP is permitted with a
discharge limit of 200,000 gpd, with aeration capacity of 296,000 gallons and two clarifiers totaling 110,500
gallons of capacity.
In October 2019, the Hoke Correctional Institute population moved out of the Correctional Institute. This
population move took around 90% of the typical wastewater loading from the WWTP. Successful efforts were
made utilizing a supplemental carbon source and implementing process changes to assist with the plant
maintaining compliance while decisions on long term plans for the remaining office buildings and staff were being
evaluating by DPS leadership.
Additional flow reductions were incurred throughout 20Q2 because of teleworking schedules related to the
Corona virus and other events at the site related to the correctional institute closing. These additional flow
reductions caused concerns and issues related to having adequate flow to sample weekly as required by the
permit. With consultation from DEQ and NC Rural Water, efforts were made to force a discharge during sample
events. While this generally assisted with overall compliance it ultimately created issues with the
biomass/biological activity and caused noncompliance with toxicity limits for July 2020 and August 2020. The
facility has remained in compliance with toxicity limits since those events.
DPS seeks full remission of this penalty based on the following items:
1) DPS promptly abated continuing environmental damage resulting from the violation.
a. Efforts were made to locate Infiltration and Inflow on the abandoned collection system that were
negatively influencing flow projections to assist with forced discharges, treatment consistency,
and biomass formation in the treatment system. DPS made four significant repairs.
MAILING ADDRESS: , OFFICE LOCATION:
4216 Mail Service Center '1020 Yonkers Road
Raleigh,NC 27699 4216 �. Raleigh,NC 27604
www.ncdps.gova ', ` ' Telephone: [phone]
Fax:[phone]
An Equal Opportunity Employer

NC003S904-McCain WWTP
TX-2021-0001
Remission Request
b. DPS sought and received out of cycle funding to permit, design, and install a Septic System to
serve the remaining office buildings and staff that were selected to stay by DPS leadership.
c. A permit was issued for new Septic System issued in October 2020.
d. An installation contract was then advertised, bid, and awarded for the Septic System. Installation
completion is expected by April 1, 2021.
e. Based on average flow for the months of July and August being under 20,000 gpd, (90% of which
was 1/1 or drinking water), the environmental damage for this noncompliance is 90% less than it
could have been at the permitted flow.
2) Payment of the civil penalty will prevent remaining necessary remedial actions.
a. In addition to the approximate $60,000 that will be spent on the new septic system, there will be
additional costs associated with the approved DEQ closure plan for the McCain WWTP. Payment
of a penalty may jeopardize an expedited closure, thereby risking additional compliance
violations, or taking funds away from another operating budget, which may impact other sensitive
or critical improvements to be done at another correctional institute.
DPS believes their successful efforts to promptly abate any environmental damage, plan to eliminate the
discharge system, and the unknown impacts of penalty payment may have on completion of those plans, should
warrant full remission of the proposed civil penalty. If you have any questions in relation to this request, please
contact me at 919-324-1254.
Sincerely,
Scott Smart, PE
Project Manager
DPS Central Engineering
Cc: Mark Brantley, DEQ
Sandhills Regional Maintenance
2

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: TX-2021-0001 County: Hoke
Assessed Party: McCain Hospital-Dept. of Corrections
Permit No. (if applicable): NC0035904 Amount Assessed: $2,036.94
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 ol,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 applies. 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 fib}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 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;
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:
Se& 'je\C' 'rj l e'4e"'r

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
COUNTY OF HOKE QUALITY
)
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
North Carolina Department of Public Safety )
McCain Correctional Hospital WWTP
NPDES PERMIT NO. NCO035904 )
FILE NO. TX-2021-0001
Having been assessed civil penalties totaling$2.036.94 for violation(s)asset forth in the assessment
document of the Director of the Division of Water Resources dated January 25, 2021. the undersigned,desiring
to seek remission of the civil penalties, 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 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 ` o
day of / l' , 2020.
BY
ADDRESS
2a2a yours
27604
TELEPHONE