NC0044423_Remission Request (LV-2021-0276)_20211025

Justification for Remission Request
Case Number: LV-2021-0276
Assessed Party: Appalachian State University
Permit No.: NC0044423
Explanation:
The Appalachian State University(ASU)water treatment plant has received a Notice Of Violation for
copper in the plant discharge water in June of 2021. ASU had a zoom meeting on July 23, 2021 with
several members at NCDEQ to outline the steps ASU is taking to bring the water plant into compliance.
ASU also responded in writing, via electronic mail,on September 10, 2021 providing information on
steps taken to address the violations. ASU then received an Assessment of Civil Penalty for the violation
ASU believes that a remission of the civil penalty is warranted for the following reason.
ASU has been working with Dewberry Engineers since January 2018 to bring the plant wastewater
discharges into compliance. For proof of this work, please see the attached proposal dated 1/17/2018.
The work was started well before the NOV's in question and is still ongoing.The initial phase of the
evaluation included extensive sampling to identify the root cause of the exceedances so that a targeted
appropriate solution could be identified. It has been made clear that discharging the wastewater back
into the lake is effectively concentrating the copper and zinc levels in the vicinity of the intake structure.
As such,ASU has submitted a request to NCDEQ NPDES Wastewater Permitting to modify the existing
wastewater discharge permit. The permit modification request seeks to move the plants wastewater
discharge outfall to downstream of the plant's reservoir. In short, moving the discharge location will
keep ASU from pulling the wastewater into the plant intake.
The permit modification request also outlines two other options for removing the copper and zinc at the
water treatment plant. Both options have been evaluated by Dewberry Engineers and assigned high
level cost estimates. Based on the evaluation of treatment options, it is preferred to move the discharge
location as the means to address the issue.
The permit modification request was submitted by mail and e-mail on July 13, 2021.
ASU is currently working with Dewberry Engineers to make changes to the modification request after
DEQ provided guidance in a zoom meeting on September 21, 2021. If the modification request is
approved,ASU will work with all possible haste to implement the changes outlined in the request.
The ASU water plant underwent a three day shut down this summer in order to vacuum excavate the
sludge from the bottom of the backwash basin. Once the sludge was removed,the basin was
thoroughly cleaned to help remove residual copper and zinc from the basin. Additionally in an attempt
to help mitigate the intake of wastewater directly back to the plant,ASU has started scheduling
wastewater discharges when the plant is finished operating for the day. This gives the wastewater
approximately 18 hours to disperse before the plant is restarted. The discharge scheduling changes
have been implemented this summer, before the NOV was received.
It is our opinion,that since ASU is taking valid measurable steps to bring the plant back into compliance
and has incurred costs in excess of$84,000 to evaluate the root cause of the violations and identify the

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appropriate solution and will incur additional costs in excess of$65,000 to implement the solution,that
the civil penalty should be considered for remission. I greatly appreciate your time and your willingness
to work with ASU. We here at ASU are deeply committed to environmental integrity, and look forward
to implementing an effective solution to this problem.

JUSTIFICATION FOR REMISSION REQUEST RECEIVED
OCT 2 5 2021
Case Number: LV-2021-0276 County: Watauga NCDEQIDWRINPDES
Assessed Party: Appalachian State University
Permit No.: NC0044423 Amount Assessed: $915.26
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;
r (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: See ry/wAh^. % k t,)•

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WATAUGA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Appalachian State University )
Appalachian State WTP )
PERMIT NO.NC0044423 ) CASE NO. LV-2021-0276
Having been assessed civil penalties totaling$915.26 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated,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 day of °L��� 20 2 I
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SIGNATURE
ADDRESS
2 6 ale c//r!f
RECEIVED
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NCDE
QIDWRINPDES
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