NC0023337_LV-2021-0086_20210526

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TOWN OF SCOTLAND NECK NCDEQIDWRINPDES
P.O. Box 537
1310 MAIN STREET
SCOTLAND NECK, NC 27874
May 19, 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-2021-0086
NC0023337
Halifax County
Dear Wastewater Branch:
The Town of Scotland Neck is in receipt of a NOV and Assessment of Civil Penalty letter
dated April 19, 2021. The NOV was for the month of December 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) As mentioned in a previous response letter, 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 WWTP 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 spend
spending at the WWTP.
3) During the month of December,2020 the WWTP experienced heavy flows due to
Inflow & Infiltration caused by heavy rain. This condition caused us to reduce the
aeration time in the oxidation ditch considerably which hindered the nitrification
process. With only one operable brush rotor our recovery time was lengthened and
resulted in the effluent exceeding Ammonia Nitrogen permit limits.

4) 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
* On May 20, 2021 we added a 2Nd RAS pump at a cost of$6,500.00.
5) We also completed a smoke test on the entire collection system with the aid of
Dwight Lancaster from Rural Water, in order to locate inflow/infiltration trouble areas.
The Town of Scotland Neck was recently awarded a fully funded grant of $1.9 million
for major improvements at the WWTP.
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 $1,293.59 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,
Eddie Braxton, Mayor
Town of Scotland Neck

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0086 County: Halifax
Assessed Party: Town of Scotland Neck
Permit No.: NC0023337 Amount Assessed: $1,293.59
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:

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-2021-0086
Having been assessed civil penalties totaling$1,293.59 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated April 19,2021,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.
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ATTACHMENT A
Town of Scotland Neck
CASE NUMBER: LV-2021-0086
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
12/5/2020 12-2020 Nitrogen,Ammonia 3 X week mg/I 12 15.5 29.2 Weekly $312.50
Total(as N)- Average
Concentration Exceeded
12/12/2020 12-2020 Nitrogen,Ammonia 3 X week mg/I 12 13.77 14.7 Weekly $0.00
Total(as N)- Average
Concentration Exceeded
12/31/2020 12-2020 Nitrogen,Ammonia 3 X week mg/I 4 7.99 99.8 Monthly $937.50
Total(as N)- Average
Concentration Exceeded
I