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HomeMy WebLinkAboutNC0081825_Acknowledgement (Payment)_20050324ich F. , Governor el le WA'T � WilliamaG. RossJr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director .:� Division of Water Quality November 23, 2004 Joe M Estridge Town of Ansonville POBox437 Ansonville NC 28007 SUBJECT: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Ansonville WWTP Anson County PERMIT NO: NC0081825 LV-2004-0533 Dear Mr. Estridge: This letter is to acknowledge your request for remission of the civil penalties levied against the subject facility. You will be notified when a decision is made conceming the request. If you have any questions, please call Dawn Jeffries at 919-733-5083, ext. 595. Sincerely, a,ccl- Dawn Jeffri Eastern NPDES Unit cc: Enforcement File #: LV-2004-0533 Fayetteville Regional Office Supervisor Central Files NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper TOWN OF ANSONVILLE November 18, 2004 NOV 2 3 2004 J Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh NC 27699-1617 Re: Remission of Civil Penalty for Case No. LV 2004-0533 To Whom It May Concern: DENR - WATER QUALITY POINT SOURCE BRANCH Throughout the administrations of state agencies and local governments, it has been no secret that budget constraints have hindered our abilities to purchase all of the needed items and staff all needed positions. With increasing amounts of record keeping and more strict requirements being forced on local utility departments, it has become almost impossible to keep up financially with these burdens. It is for this reason that the Town of Ansonville is requesting remission of the civil penalty assessed in case number LV-2004-0533. The Town makes this request due to the town's need to take additional steps to remedy this problem. In October of 2004, Hughie White of NCDENR came to inspect/audit Ansonville WWTP. During his inspection of the WWTP, he noted that only 1/3 of the flow actually contacts the tablets in the chlorine feeder. He suggested that the town install two additional feeders to aid in correcting our Fecal problem. The town immediately gathered prices on this. The cost to purchase and install two additional feeders came to approximately $850.00. The additional chlorine cost has been estimated to at least double once these are installed. Daniel Wilson, ORC, spoke to Belinda. Henson, NCDENR during October as well. During this conversation it was decided that the WWTP should take steps to validate the values being reported by Pace Analytical Inc. The town has looked at several other labs to use for comparative samples once a month. We hope to begin this in December 2004. This is estimated to cost us $1200.00 a year to have samples sent to a second lab one week out of the month. PO BOX 437 • ANSONVILLE • 28007 PHONE: 704-826-8404 • FAX: 704-826-8404 — 2 — November 18, 2004 As seen by this information, the town is facing an increased financial burden already due to our Fecal problems. Paying this penalty is going to increase this burden significantly and delay the implementation of the improvements listed above. The Town of Ansonville appreciates your assistance in this matter. Sincerely, Daniel Wilson ORC Ansonville WWTP CC: Joe Estridge, Mayor Belinda Henson, NCDENR Paul Rawls, NCDENR JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0533 Assessed Party: Town of Ansonville Permit No. (if applicable): NC0081825 County: Anson Amount Assessed: $808.28 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 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(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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Anson Town of Ansonville IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Ansonville WWTP PERMIT NO. NC0081825 WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2004-0533 Having been assessed civil penalties totaling $808.28 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 22, 2004, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearii ; 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 Quality 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 day of #0 e y ikj(71//4 / A 19,,_ SIGNATURE ,20 ULi ADDRESS �D fax % ANC4,1U/i //C ' f)OO-7 TELEPHONE ' h6`t0�1 ATTACHMENT A Town of Ansonville CASE NUMBER: LV-2004-0533 REGION: Fayetteville COUNTY: Anson FACILITY: Ansonville WWTP PERMIT: NC0081825 Limit Violations VIOLATION TYPE 2 J FREQUENCY VIOLATION J —J Q LL H O O z� e2x O O I— Z O iX 2 J Z W D D a) a) a) a) a) a) U U X X W W c c co co a) a) U 'C U U) Cr) E E O O a) a) O 0 T >, Y Y a) a) (1) a)a) O O 0 0 O o o En ✓ o 0 0 0 CD cri Weekly Geometric Mean Exceeded O 0 O O N 0 0 0 0 0 0 o O 7 N 0 0 0 E O O O O • It Y L) Y Y a) m a) a) N 0) a) a) ' 0 C' ' 0 0 0 0 0 V N M - C) R.-7 j ti ti O o o 0 J J J J O O O 0 U 0 U 0 U U U 0 W w W W LL U. LL LL •c c c c (1) (1) a) a) 7 7 7 7 W • W W W O 0 0 0 0 0 0 0 0 0 szt 0 0 0 0 0 0 N N N N r 0 0 O 0 O 0 ix) u) N N Efi O 0 0 0