NC0060526_Remission Request (LV-2024-0068)_20240420

Finley
COMMERCIAL REALTORS'
April 3. 2024
Michael Hall, Regional Supervisor RECEIVED
Water Quality Regional Operations Section
Raleigh Regional Office MAY 0 2 2024
Division of Water Resources,NCDEQ
Subject:Notice of Violation and Assessment of Civil Penalty
NCDEQ/DWR/NPDES
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0060526
Pope Industrial Park II Ltd Partnership
Pope Industrial Park WWTP
Case No. LV-2024-0068
Wake County
Mr. Hall,
Thank you for allowing Pope Industrial Park the opportunity to respond to the Civil Penalty Assessment
issued March 19,2024; received on April 1 S',2024, regarding the BOD daily maximum exceedance that
occurred during the October 2023 monitoring period.
The single BOD daily maximum exceedance that occurred during the final week of October 2023 was
due to the sludge return piping becoming clogged. This resulted in not enough sludge being returned to
the aeration basin and inadequate removal of BOD.
Upon discovery that the pipes were clogging, Pope Industrial Park has initiated a series of repair and
maintenance activities in response to this that include replacement of the sludge return piping,service to
all mechanical motors, sludge removal, as other related corrective and preventive maintenance activities
416 in April 2024. Since this occurrence, the operator has been performing daily inspections of the return
sludge lines to ensure that it is returning the proper amount of sludge back to the aeration basin. After
these updates and repairs, the system is expected to be able to manage any flow fluctuations and
consistently maintain BOD compliance.
The repairs being completed are a major investment for our facility and we appreciate the Division's
willingness to work with us. We take compliance with the permit limits set forth by DEQ seriously and
are working hard to meet effluent limits. It is our request that our attention to these matters be taken into
account by the Division when proceeding with enforcement.
Sincerely,
(4&14'
Albert E Finley,
Pope Industrial Park II Ltd Partnership
CC: Vanessa E Manuel,Assistant Regional Supervisor
Andrew White. Envirolink,Inc.
William Lamm,Pope Industrial WWTP ORC
P.O.BOX 97215
RALEIGH,NORTH CAROLINA 27624
919-846-3500

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0068 County: Wake
Assessed Party: Pope Industrial Park II Ltd Partnership
Permit No.: NC0060526 Amount Assessed: $378.36
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;
x (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:
Pope Industrial Park has initiated a series of repair and maintenance activities in response to this that include:
Replacement of the sludge return piping
Service to all mechanical motors
Sludge removal,
as other related corrective and preventive maintenance activities in April 2024.
Since this occurrence, the operator has been performing daily inspections of the return sludge lines to ensure that
it is returning the proper amount of sludge back to the aeration basin. After these updates and repairs, the system
is expected to be able to manage any flow fluctuations and consistently maintain BOD compliance.

I -
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Pope Industrial Park II Ltd Partnership )
Pope Industrial Park WWTP )
)
PERMIT NO.NC0060526 ) CASE NO. LV-2024-0068
Having been assessed civil penalties totaling$378.36 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated March 19.2024,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. 1
This the k c'l t day of A 1 ,20 2 4
VED (.4
RECEI S NATURE
MAY 0 2 2024 ADDRESS
NCDEQ/DWR/
NPDES 1p -�� 1kt
TELEPHONE
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