HomeMy WebLinkAboutNC0081825_Acknowledgement (Payment)_20050324ich
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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
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SIGNATURE
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ATTACHMENT A
Town of Ansonville
CASE NUMBER: LV-2004-0533
REGION: Fayetteville
COUNTY: Anson
FACILITY: Ansonville WWTP
PERMIT: NC0081825
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