WQ0013808_Remission (Request)_20190821

From: Chad Leinbach chad leinbach@earthlink net
Subject: Remission Request for PC-2019-0042
Date: August 27, 2019 at 8:36 PM
To: Snider, Lon Ion sniderQncdenr.gov
Cc: Dan Witcher dan@kotrsprop corn, Flynt, Bradley Bradley.Flynt@greensboro-ncgov
OKI
PC-2019-0042
Respo... inal.pdf
Lon, please let me know if you need any other information.
Thank you.
Chad Leinbach, ORC
RECEIVED - - -
SEP 18 2019
NDDEQIDWR/NPDES

3 USTIVICATION FOR REMISSION RE VEST
Case Number: PC-2019-0042 County: Guilford
Assessed Party: Kotis Properties, Inc.
Permit No.: W 0013808 Amount assessed: $5 5564.88
Please use this form when requesting remission of this civil penalty. You must also complete the "Rea
ue t
For Remission, Waiver of Right to an Administrative Ilearing. w7d 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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil
penalty may be granted 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 Pena U assessment factors in NCGS 143B-282.1 (b) were
wrongfully applied to the detriment of the -petitioner (the assessment factors are included
in the attached penalty matrix and/or 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 foK gUy 12revious violations,
(e) pA m t of the civil penalty will prevent payment for the remaining necessaaremedial
Lions (L e., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION•

iLl
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF GUILFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
KOTIS PROPERTIES, INC. )
PERMIT NO. WQ0013808 ) FILE NO. PC-2019-0042
Having been assessed civil penalties totaling 5$,564.88 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, July 24, 2019, 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 thirty
(30) days from the receipt of the notice of assessment.
This the _ _ _ _ day ofA G ",-� 2 8.
RECEIVED Signature
ADDRESS
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NCDEQ/DWR/NPDES IZ�Z �, ,
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TELEPHONE 9�1 2(0-7-301

sENVIRONMENTAL M WATER SUPPLY * WASTEWATER
CONNER CONSULTING, LLC
1284 WINDY RIDGE ROAD, CHAPEL HILL, NORTH CAROLINA 27517
PHONE:19'19) 260.7301
May 20, 2019
Mr. Lon Snider
NC DEQ, Division of Water Resources
Winston-Salem Regional Office
450 West Hanes Afill Road, Suite 300
Winston-Salem, North Carolina 27105-7407
Re: Assessment of Civil Penalties for Violations (Case No. PC-2019-0042)
Summerfield Renaissance Center Wastewater Disposal System
Summerfield, Guilford County
Permit # WQ0013808
Dear Mr. Snider:
On behalf of Kotis Properties, the following responses are to be considered a written request for
remission for Section R. Conclusions of Law: C, E, G, and H.
C. Kotis Properties, Inc. violated yearly maximum hydraulic loading rates on all application
fields.
The shopping center uses an average of 1,500 gallons of water per day that in turn must be
processed and disposed at the WWTP. One inch of rain over the area containing the Wet
Weather Storage pond, Recirculating Sand Filter and Constructed Wetlands is approximately
0.61 acres and captures 16,500 gallons of rain or approximately 11 days of normal operations.
Several months from September 2018 up until June 2019 have not allowed for proper disposal of
wastewater from the shopping center. In other words the rain has exceeded the daily permit limit
for several months(as recent as June 2019 — 9.52 inches of rain, over 5500 gallons of infiltration
per day on average whereas the permit limit is 3,600 gpd). The effects of the excess rainfall has
extended the excess loading of the fields and the effects of the excess rain will not go away for
several months.
Fortunately July 2019 has been hot and somewhat dry, the Wet Weather Pond is in compliance
and daily irrigation is under control'and under the permitted limit of 3,600 gallons per day on
average.
If there is any doubt as to the amounts of rain/ infiltration at other local WWTPs, my backup
operator can detail how they had, to turn away vendors in the last 12 months from bringing

w 2 w
excess wastewater to one of the City of Greensboro WWTP. During my 19-year operating
career at Summerfield the last 12 months have been the wettest on record. We contend that the
excess rain, an act of God, was responsible for this system exceeding permitted limits.
E. Kotis Properties continued to operate the system during inclement weather.
The Perc-Rite system was originally equipped with rain sensors for each irrigation zone. In
2010, the controls were modified to a Wet Weather Storage Pond(WWS). The Perc-Rite system
was modified by American Manufacturing, Inc., Virginia to include a 4th Zone which is the
WWS. A single rain sensor controls the system whereas if rain triggers the sensor, water is
diverted to Zone 4. Therefore no water can be put out dg&S inclement weather. Also, a new
rain sensor was installed last week as an added assurance that the system is working properly. A
concern was brought up last year after a 12" snow event. The rain sensor does not work in
freezing temperatures because the cork discs inside the sensor are not triggered by freezing
precipitation. Our system continued to work with snow on the ground (approximately takes 10"
of snow to make 1 inch of rain) whereas the drip lines were under the snow covered by
vegetative debris. The concern for runoff would be during warmer temperatures as the snow
melts. If a scenario exists where snow is on the ground for 2 to 3 weeks with daytime
temperatures not getting above freezing; the Perc-Rite system would fail on "low flow" and no
water would be put out. That is a common occurrence in the coldest part of winter. My dosing
strategy in the winter has always been once a day during the warmest part of the day if the
system can perform. System failure would send water to the WWS and this strategy worked up
to this past winter. We contend that the system was operating properly with the exception that
the computer programming was not functioning completely. The system was dosing when it
could but has not been recording daily dosing amounts to each of the 4 Zones. Dosing totals
were estimated based on dosing setup times. It is possible that less water went to irrigation but
ended up in the WWS pond.
G. Kotis Properties allowed a diversion of partially treated water from the RSF(Recirculating
Sand Filter) to the WWS pond.
The problem: the approved engineered design required a filter fabric to be placed above the
under drain system and below the filter media. This fabric had become impermeable due to the
vertical migration of fine sand, silt -sized particles over the years. This impermeable layer caused
partially treated wastewater to fill up the RSF until it breached the liner where water was moving
laterally towards the WWS pond.
Our first attempt was to chemically treat the filter media with a "shock" of chlorine. This did not
make a notable difference in the rate of water bypassing the RSF.
A second attempt was to put several larger holes in the filter fabric to increase vertical movement
of water. This work was only about 75% successful in stopping the lateral movement of water
through the sand filter.
A third attempt was to add more larger holes in the filter fabric and install a dose timer on the
RSF tank to spread the dosing out to several small doses (currently set at every 30 minutes). We
have been checking the RSF frequently to fine tune the dose timer to maintain a good working

M 3 M
level in the RSF tank. We have identified one area where the dose piping comes out of the
ground as a low area in the liner. That low area remains wet but water is currently not being
bypassed to the WWS pond. Plans are being made to dig the low area up, install an impermeable
liner while raising the elevation of the liner to the height of the rest of the RSF.
H. Kotis Properties failed to include weather codes on reports for each irrigation day.
As the operator for nearly 20 years, I have submitted weather codes for each visit I was there
whether we put water out or not. Several inspectors have been to this site and have not had a
problem with the data recorded thoughout the years. As discussed with the current inspector I
agreed to add weather codes for each irrigation day and that practice started in March of 2019.
We both agreed that this system I operate is capable of putting out several doses per day and that
that is a good way to minimize potential runoff. The weather changes all the time each and
every day. Also, we are in agreement that in order to follow the permit each event should be
recorded and should include the date, time started, length of time irrigated and weather at the
start of each irrigation event. However, reporting to that accuracy cannot be achieved with a
single required weekly visit. Therefore, we agreed that a singular weather code and temperature
would be acceptable for each irrigation day to represent the multiple irrigation events. We
contend that the reporting has been in compliance since March 2019.
We welcome a site visit at any time. Please feel free to come by or call me if you would prefer
me to assist in a visitor just give you the combination code for the gate. All tips or tricks to
convince squirrels not to chew on drips lines is always welcome. Please call with questions and
comments.
Sincerely yours,
Chad Leinbach, ORC
Cc: Dan Witcher, Kotis Properties
Bradley Flynt — Backup Operator