NC0066516_Remit LV20140130_20141212

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IncTA
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NCDENR
North Carolina Department of Environment and Natural Resources
John E. Skvarla, Ill
Pat McCrory Secretary
Governor
December 12, 2014
Jay T. Meyers,Public Utilities Director
Town of Fuquay-Varina
401 Old Hunnycut Road
Fuquay-Varina,North Carolina 27526
Subject: Acknowledging Your Request to
Remit Civil Penalties for Case Number:
LV-2014-0130
for the Tenable Creek WWTP
NPDES Permit NC0066516
Wake County
Dear Mr.Meyer:
The Division of Water Resources (the Division)hereby acknowledges your written request to remit
civil penalties levied in the subject cases, in the amounts $1,322.48. We also note your written
justification for requesting remission, and your Waver of Rights to an Administrative Hearing and
Stipulation of Facts, signed November 26, 2014.
The Division will consider your request, and the Director will notify you when he has reached a
decision. This evaluation is in progress. If you have questions,please email me
[[e-mail]] or call my direct line at 919-807-6394.
Sin rel
,00
Joe R. Corporo•, L.G.
PDES Progr.i , Compliance ROC
577g. AztstPtIviV6 516 F
hc: NPDES Enforcement Files LV-2014-0130
Raleigh Regional Office,Attn.Danny Smith
Central Files
Cc: Danny Smith, Supervisor(RRO/DWR/SWPS)
John Hennessy,Supervisor(NPDES/Compliance and Expedited Permitting) ti
1601 Mail Service Center,Raleigh,North Carolina 27699-1601
Phone:[phone] Internet:www.ncdenr.gov
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

TOWN OF FUQUAY-VARINA
401 Old Honeycutt Road
Fuquay-Varina, North Carolina 27526 RECEIVEDIDENRID
November 26, 2014 r} {/ 1
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FOONAY•VARINA,NORTH CAROLINA DEV "' 4
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Mr. Jeff Poupart—Branch Supervisor permitting
Point Source Compliance and Expedited Permit Unit
Division of Water Resources—Water Quality Programs
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Re: Notice of Violation and Assessment of Civil Penalty
Case No. LV-2014-0130
Dear Mr. Poupart,
The Town of Fuquay-Varina received a Notice of Violation and Assessment of Civil Penalties
from the Division of Water Quality of North Carolina Department of Environment Natural
Resources. The Town of Fuquay-Varina is requesting remission of the civil penalties.
Please find attached a Justification for Remission Request.
We are at your convenience to discuss this matter further. Please feel free to contact me at
[e-mail] or at 919-567-3911 with any questions or comments.
Sincerely,
/JaJ . Meyers/
P; she Utilitie Director
Attachment: Justification for Remission Request
Waiver of Right to an Administrative Hearing

i
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2014-0130
County: Wake
Assessed Party: Town of Fuquay-Varina
Terrible Creek WWTP
Permit No.: NC0066516(TC)
Amount Assessed: $1,322.48
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);
X (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:
April 2014-Exceeded NH3-N-Conc weekly average during Week of April 14.
Permit limit is 6.0 mg/I,value obtained was 8.1 mg/1.
April 2014-Exceeded NH3-N-Colic monthly average during April 14. Permit
limit is 2.0 mg/1,value obtained was 3.3 mg/I.
Cause: Over a 2 day period in April 2014 heavy rains resulted in I/I flow to go up
dramatically. Plant operators became concerned about loss of blankets in the plants. The
operators turned off air in certain zones on all plants to prevent blankets from going over
in clarifiers,during week of 4-14 to 4-17.After the rain event NH3-N returned back to
normal.
Corrective actions taken: After the rain event,turning blowers back on increased the
level of dissolved oxygen in our mixed liquor basins which in turn improved our
nitrification process and reduce the higher than desired ammonia level. At the time we
were trying to mitigate a larger problem. Since this event the Town has also invested
approximately$90,000 to purchase meters for the sewer collection system to identify areas
of I/I to reduce flow at the plant during heavy rain events.
It is the Town's belief that we have responded with a willingness to expend funds to identify and
correct these problems, and continue to make those changes necessary to operate as efficiently as
we can to protect the environment and stay within our permit limits. The Town is requesting the
civil penalties be reduced to allow us to continue to expend funds to improve our operations.

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF WAKE
TOWN OF FUQUAY-VARINA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
TERRIBLE CREEK WWTP ) STIPULATION OF FACTS
)
)
)
)
PERMIT NO.NC0066516 ) FILE NO. LV-2014-0130
Having been assessed civil penalties totaling $1322.48 for violation(s)as set forth in the
assessment document of the Division of Water Resources—Water Quality Programs dated October 23,
2014,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 ZCo day of gaVenlr , 20/y
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