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Home My WebLink AboutNC0073571_Late Request Denied_20211214DocuSign Envelope ID: 1F14A874-BACA-4A20-8437-49337798161D ROY COOPER Governor ELIZABETH BISER Secretary S. DANIEL SMITH Director Mervyn R. King c/o Todd Nunn, President Countryside Manor 7700 US Hwy 158 Stonedale, North Carolina 27357 Mr. Nunn: NORTH CAROLINA Ertwfreriotrental Quality 12/14/2021 SUBJECT: Your Request to Remit Civil Penalties Case Number LV-2021-0275 Countryside Manor WWTP NPDES Permit NC0073571 Guilford County This letter acknowledges your request to remit civil penalties levied against your facility in the subject case. Unfortunately, the Division received your request after the allotted thirty (30) days from your receiving the assessment. By Rule, your request for remission cannot be accepted. Therefore, we are returning your originally submitted request (see attached). If you have questions about this matter, please contact Joe R. Corporon, P.G. of my staff via e- mail at [joe.corporon@ncdenr.gov]. cc: Enforcement FilelLaserfiche NPDES Program Files Winston-Salem Regional Office Sincerely, EDocuSigned by: 8328B44CE9EB4A1... John E. Hennessy, Supervisor Compliance & Expedited Permitting Unit Division of Water Resources DocuSign Envelope ID: 1F14A874-BACA-4A20-8437-49337798161D November 29, 2021 Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Subject: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0073571 Mervyn R King Countryside Manor WWTP Case. No LV-2021-0275 Guilford County RECEIVED DEC ,0a 2021 NCDEQ/DWR/NPDtS Mr. Snider, Thank you for allowing Countryside Manor the opportunity to respond to the following Notice of Violation and Assessment of Civil Penalty. This response pertains to the (1) TSS daily maximum exceedance and (1) ammonia nitrogen monthly average exceedance events that occurred during the April 2021 monitoring period. During the April 2021 period, the Ammonia Nitrogen monthly average reached a monthly average of 13.85 mg/L, exceeding the permitted monthly average limit value of 5.4 mg/L. None of the (4) individual Ammonia Nitrogen samples taken during this period exceeded the daily maximum, however, the calculated total average was enough to exceed the limit value as indicated in the permit. A trending increase in pH levels during this period had impacted adequate ammonia nitrogen removal. The facility has historically applied soda ash to control pH, therefore upon identification of this issue, the application of soda ash has since been adjusted, and additional pH monitoring has been conducted as a process control measure. In addition, the plant experienced a TSS daily max exceedance event on 4/21. At this time, a faster than average accumulation of solids resulted in the above exceedance event, requiring that the operator make arrangements to expedite sludge hauling. Operators responded by coordinating sludge removal, and the plant was pumped down on 4/23. However, this time-lapse prior to the arrival of the pump truck enabled solids to temporarily leave the effluent. The plant is currently on a routine sludge hauling schedule, taking place once every 2-4 weeks as needed. Compliance was restored once the sludge hauling was completed, and no further non-compliance events occurred for the remainder of the month. Outside of the above exceedance event, the rest of the TSS results for the April 2021 period were compliant. It is always the goal of Countryside Manor to remain in compliance with regulations set forth by the Division of Water Resources. It is our request that our cooperation and action in these matters be taken into account by the Division when proceeding with enforcement. Sincerely, Todd Nunn Countryside Manor CC: Josh Powers, Envirolink Todd Robinson, Envirolink Ronald Wall, Envirolink DocuSign Envelope ID: 1F14A874-BACA-4A20-8437-49337798161D .JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2021-0275 County: Guilford Assessed Party: Mervyn R King Permit No.: NC0073571 Amount Assessed: $419. l I 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 evaluati ig yoir 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 penally 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 (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: During the April 2021 period, the Ammonia Nitrogen monthly average reached a monthly average of 13.85 mg/ L, exceeding the permitted monthly average limit value of 5.4 mg/L. None of the (4) individual Ammonia Nitrog en samples taken during this period exceeded the daily maximum, however, the calculated total average was enough to exceed the limit value as indicated in the permit. A trending increase in pH levels during this period had impacted adequate ammonia nitrogen removal. The facility has historically applied soda ash to control pH, therefore upon identification of this issue, the application of soda ash has since been adjusted, and additional pH monitoring has been conducted as a process control measure. In addition, the plant experienced a TSS daily max exceedance event on 4/21. At this time, a faster than average accumulation of solids resulted in the above exceedance event, requiring that the operator make arrangements to expedite sludge hauling. Operators responded by coordinating sludge removal, and the plant was pumped down on 4/23. However, this time-lapse prior to the arrival of the pump truck enabled solids to temporarily leave the effluent. The plant is currently on a routine sludge hauling schedule, taking place once every 2-4 weeks as needed. Compliance was restored once the sludge hauling was completed, and no further non-compliance events occurred for the remainder of the month. Outside of the above exceedance event, the rest of the TSS results for the April 2021 period were compliant. DocuSign Envelope ID: 1F14A874-BACA-4A20-8437-49337798161D STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Mervyn R King Countryside Manor WWTP PERMIT NO. NC0073571 CASE NO. LV-2021-0275 WAIVER OF RIGHT TO AN STHEAD PULATIONMINISTRATrVE OFFACTS GRECEIVED err 032021 NCDEQIDWRINPDtS Having been assessed civil penalties totaling $419.11 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 14, 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. This the z q*l day of N QvcrrbV( , 20 Z1 SIGNATURE ADDRESS •710 o us tt�ca�,wa. 152 s-bvvc,s doNe NC 213 S-1 TELEPHONE :3310-IA3-63O1 DocuSign Envelope ID: 1 F14A874-BACA-4A20-8437-49337798161 D PERMIT: NC0073571 FACILITY: Countryside Manor WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: ATTACHMENT A Mervyn R King CASE NUMBER: LV-2021-0275 Outfall 001 - Effluent Violation Report Date Month/Yr Parameter 4/30/2021 4-2021 Nitrogen, Ammonia Total (as N) - Concentration 4/21/2021 4-2021 Solids, Total Suspended - Concentration REGION: Winston-Salem COUNTY: Guilford Unit of Limit Calculated % Over Violation Frequency Measure Value Value Limit Type Weekly mg/I 5 40 13 85 156.5 Monthly Average Exceeded Weekly mg/I 45 66 46 7 Daily Maximum Exceeded Penalty Amount $300.00 $0.00