NC0043532_LV20150225_20151002

STANLY COUNTY
NORTH CAROLINA
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CERTIFIED MAIL 7002 2030 0004 7198 1008
RETURN RECEIPT REQUESTED
October 2, 2015
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Remission Request
West Stanly WWTP
Permit No. NCO043532
Stanly County
Case No. LV -2015-0225
Dear Compliance Officer:
RECEIVEDIDENRIDWR
OCT 12 2015
Water Qual'it�!
(Permitting on
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to LV LV -2015-0225 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant.
Starting in June 2015, the West Stanly WWTP hired a new ORC. This plant has a difficult history under
its previous owner, the Town of Oakboro as well during the course of the past 17 month in which Stanly
County has owned and operated the plant. This plant has over the years experienced a great deal of
deferred maintenance and is currently functioning nowhere near it optimized capability. The new ORC
and the Utilities Director have been tasked with addressing all the issues and remediating the plant
facility. The new ORC made some operational changes that he hoped would generate an immediate
improvement in plant performance. Unfortunately some of these changes were miscalculations and
resulted in higher ammonia and BOD levels and lower DO during the month of June than permitted for
this facility. The ORC immediately made corrections. The BOD and DO were corrected very quickly
however, it took several weeks for the Ammonia levels to return to normal.
Stanly County Utilities is working very hard to make the necessary improvements to the West Stanly
WWTP. As of June 2015, the County has obtained loan funding of more than $2.6 million from the
Clean Water State Revolving Fund to perform comprehensive rehabilitation of the plant. Therefore we
respectfully, request remission of the civil penalty so that the money saved can be used to make
improvements to the plant infrastructure and to optimize the treatment process.
If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
(2" wLa4"C-[�
Donna L. Davis, Director
Stanly County Utilities
P1 704.986.3686
F1 704.986.3711
www.stanlycouniync.gov
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
STANLY COUNTY UTILITIES
PERMIT NUMBER NC0043532
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0225
Having been assessed civil penalties totaling $2146.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 24, 2015, the undersigned,
desiring to seek remission of the civil penalties, 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 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 October , 2015
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JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV -2015-0225
Assessed Party: Stanly County Utilities
County: Stanly
Permit Number: NC0043532
Amount Assessed: $2146.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of 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);
(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: (use additional pages as necessary)