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Home My WebLink AboutNC0023337_LV-2021-0028 Payment Ack_20210304 •Sgcorzi f_ o "- . RECEIVED Aqi .... II 1•'1'o MAR 2 2 2021 TOWN OF SCOTLAND NECK NCDEQIbvvRIMP DES P.O. Box 537 1310 MAIN STREET SCOTLAND NECK, NC 27874 March 4, 2021 Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Remission Request Town of Scotland Neck Case No. LV-2021-0028 NC0023337 Halifax County Dear Wastewater Branch: The Town of Scotland Neck is in receipt of a NOV and Assessment of Civil Penalty letter dated February 15, 2021. The NOV was for the month of August of 2020. We are requesting remission of the penalties because we feel the violations were inadvertent and resulted in no environmental harm. To support the remission request, we offer the following comments: 1) The operation and maintenance of the wastewater treatment plant (WWTP) had been contracted to a contract operations firm for approximately 16 years. The Town had relied on their expertise and guidance, along with contract obligations, to maintain the WWTP in good working order. The Town made the decision to terminate the operations contract effective February 1, 2020. The Town had limited time to work with the staff and review WWTP operations prior to taking responsibility for the VVWTP operations. 2) The Town quickly realized that there were major issues with the condition of the WWTP and immediately began to identify and correct these deficiencies. Because of the financial strain put on the Town by the governor's executive order during the initial outbreak of the Covid-19 Pandemic, the Town was forced to prioritize ' spending at the WWTP. 3) The WWTP became compliant during the month of May and stayed compliant thru June and July. This was accomplished using only the# 1 brush rotor in the oxidation ditch. The#2 brush rotor was discovered to be inoperable when the Town took over operations in February. The cost to replace it has been quoted at approximately $80,000.00. 4) After exceeding Ammonia Nitrogen limits in August the WWTP was compliant for the months of September; October and November. In December due to Inflow & Infiltration caused by heavy rainfall, the plant was compliant for all parameters except Ammonia Nitrogen. The heavy flows limited the amount of time the# 1 brush rotor could operate &with the#2 brush rotor off line there wasn't enough oxygen being transferred to complete the nitrification process. The reduction of Ammonia Nitrogen (NH3-N) is very dependent on dissolved oxygen levels. 5) Since resuming operations in February, the Town has funded the following projects: - $14,000.00 Control Panel and RAS Pump - $20,000.00. Tertiary Filter Pump Repair - $20,000.00 Sludge Removal via Land Application - $14,000.00 Influent Pump - $ 1,500.00 Chemical Feed Pumps - $13,000.00 Digester Recirculation Pump - $ 1,100.00 Final Clarifier Worm Drive/ Motor - $200,000.00 Generator 6) The Town Board has recently approved spending for a 2ND RAS PUMP and the replacement of the#2 Brush Rotor. These items will be key factors in the Ammonia Nitrogen reduction for the WWTP during the hot summer months and wet winter season. The cost for these items has been estimated at nearly $90,000.00. When the Town resumed operations of the WWTP, we had no idea that so many components needed repair or replacement. We have been moving forward in identifying and correcting these issues. Our goal is to maintain compliance and to have the WWTP operate as designed. Our efforts have been complicated due to the COVID-19 restrictions in both funding and scheduling on-site activities. Executive Order 124 has greatly impacted the income into the Enterprise Fund and our available monies. We are just now beginning to recover from these situations caused by the pandemic. Payment of the civil assessment of$1,043.95 would impact our ability to continue making needed improvements at the WWTP. As you can see from the listed expenditures already incurred by the Town, we are committed to making all needed improvements. We thank you for your consideration in this matter. If you have any questions or comments, please call Parks Boyd, WWTP Superintendent/ORC , at: 252-813-0873. Sincerely, ./fizio6_1075g-- Eddie Braxton, Mayor Town of Scotland Neck JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2021-0028 County: Halifax Assessed Party: Town of Scotland Neck Permit No.: NC0023337 Amount Assessed: $1,043.95 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); 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; V(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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HALIFAX IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Town of Scotland Neck ) Scotland Neck WWTP ) PERMIT NO.NC0023337 ) CASE NO. LV-2021-0028 Having been assessed civil penalties totaling$1,043.95 for violation(s)as set forth in the assessment document of the Division of Water Resources dated February 15,2021,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 15." day of /' AI'C H ,20 Z 1 RECEIVED GNATURE MAR 2021 ADDRESS /;0)9 of 5c.onituvo NCDEC /DWWNPDES To. -131X 531 13 ID MA,iJ STREET Sco n.ii-na Nezk AJ. C. _ Z7e TELEPHONE 25Z- F2(o - 3152_ ATTACHMENT A Town of Scotland Neck CASE NUMBER: LV-2021-0028 PERMIT: NC0023337 REGION: Raleigh FACILITY: Scotland Neck WWTP COUNTY: Halifax LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 8/22/2020 8-2020 Nitrogen,Ammonia 3 X week mg/I 6 11.06 84.3 Weekly $250.00 Total(as N)- Average Concentration Exceeded 8/31/2020 8-2020 Nitrogen,Ammonia 3 X week mg/I 2 5.99 199.7 Monthly $750.00 Total(as N)- Average Concentration Exceeded