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Home My WebLink AboutNC0088331_LV-2024-0111_20240515JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2024-011 R E C E I V E D County: Pamlico Assessed Party: Pamlico County Permit No.: NC0088331 MAY 15 2024 Amount Assessed: $842.65 Please use this form when requcNCvDEQvWiZIN, PeeDgSYou 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. § 14313-282. 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. 14313-282. 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF PAMLICO IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Pamlico County ) Kershaw WTP ) PERMIT NO. NC0088331 ) CASE NO. LV-2024-0111 Having been assessed civil penalties totaling $842.65 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 18, 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. This the t/ day of , 201� \D1 I, i�� SIGNATURE ADDRESS 0!q�,bow AX, TELEPHONE BOARD OF COMMISSIONERS CHAIRMAN CANDY BOHMERT - TOWNSHIP #2 VICE-CHAIRMAN DOUG BRINSON - AT LARGE KARI FORREST - AT LARGE PAT PRESCOTT - TOWNSHIP #1 EDWARD RIGGS JR. - TOWNSHIP #3 CARL OLLISON - TOWNSHIP #4 MISSY BASKERVILL -TOWNSHIP #5 Case No. LV-2024-0111 Case No. LM-2024-0014 Director Rogers, COUNTY OF PAMLICO POST OFFICE BOX 776 BAYBORO, NORTH CAROLINA 28515 (252) 745-3133 / 745-5195 FAX (252) 745-5514 5/8/2024 COUNTY MANAGER TIMOTHY A. BUCK CLERK TO THE BOARD TRACY BOYD COUNTY ATTORNEY DAVID B. BAXTER, JR. Pamlico County is formally requesting remission by the Director of Division of Water Resources, based on the following facts that are being submitted as evidence. They are as follows: 1. The violations were inadvertent and unavoidable is due to the approved treatment process required to produce safe potable drinking water to the customers served by the County. Two of the treatment processes, corrosion control and disinfection, are the locations where copper and zinc are likely present. These treatment processes are required by the NC DEQ Public Water Supply Section at each of the four Water Treatment Plants. 2. It appears from discussions with DEQ WaRO staff that Pamlico County is one of the first water systems in Eastern NC that has copper & zinc as an enforceable limit. Having copper & zinc limits in the microgram level is a daunting task since a potable water system is normally analyzing in the milligram level in potable drinking water. During this process of determining the source of these extremely low levels, the County has not received technical support from NC DEQ regional staff. 3. The County and its consultant, Potable Water Solutions, LLC, have been working with the Washington Regional Office (WaRO) staff, Ms. Victoria Herdt, on a solution to the Water Treatment Plant (WTP) discharge issues. Ms. Herdt has been updated periodically by email and by phone during this process. After much investigation and sampling, we feel that we have determined the sources of the copper and zinc. It appears based on sampling that the current corrosion control inhibitor (zinc orthophosphate) contains both zinc and copper. The zinc is not only in the raw chemical, but we have found that copper & zinc are present in the make-up water used by the chemical supplier. The County is in the process of securing a new plain orthophosphate chemical for corrosion control that is acceptable to the NC DEQ Public Water Supply Section and does not contain copper & zinc in any way. Sampling has also determined that the liquid ammonium sulfate (LAS) that is utilized to form chloramines is also a source of copper & zinc. The chemical supplier is utilizing potable make-up water that contains copper & zinc which is probably from the existing plumbing at the factory. This chemical supplier is unwilling at this time to switch to deionized water for product make-up which would remove the copper & zinc from the LAS. A copy of a recent email stating that fact is attached. The County is currently looking for a new chemical supplier of LAS that contains no copper & zinc. 4. The penalty will add additional cost to the remedial action already underway, will add to the investigative costs spent to date, and will therefore create an added financial burden to the County. Sincerely, Jeffery Sanders Field Operations Manager Pamlico County Water 252-745-5453 Jeff.sanders@pamlicocounty.org Environmental Chemists, Inc. envirochem ANALYTICAL d CONSULTING CHEMISTS Pamlico County Water Post Office Box 158 Bayboro NC 28515 Attention: 6602 Windmill Way, Wilmington, NC 28405 * 910.392.0223 Lab • 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 • 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 • 910.347.5843 Lab/Fax i n fo@yenvi ronment alchemists.com Date of Report: Jan 04, 2024 Customer PO 0: Customer ID: 09010032 Report 0: 2023-29316 Project ID: Supply LAS Lab ID Sample ID: Collect Daten1me Matrix Sampled by 23-70941 Site: Supply LAS (12- -23) 12/14/2023 Water Client Test Method Results Date Analyzed Copper EPA 200.7, Rev 4A. 1994 20.0 pg/L 01 /0=024 Zinc EPA 200.7, Rw 4A, 1994 340 pg/L 01 /02/2024 Comment: Reviewed by: ROW P: 2023-29316 Pape 1 d 1 Environmental Chemists, Inc. envirochem 6602 Windmill Way, Wilmington, NC 28405 • 910.392.0223 Lab . 910.392.4424 Fax 710 Bowsertown Road, Manteo, NC 27954 . 252.473.5702 Lab/Fax 255-A Wilmington Highway, Jacksonville, NC 28540 . 910.347-%U Lab/Fax ANALYTICAL a CONSULTING CHEM WS infb@environmentalchemistscom Pamlico County Water Post Office Box 158 Bayboro NC 28515 Attention: Date of Report: Sep 25, 2023 Customer PO 0: Customer ID: 09010032 Report #: 2023-17159 Project ID: Lab ID Sample ID: Collect Date/Time Matrix Sampled by 23-42212 Site: MP Correguard 8/3/2023 8:50 AM Water Client Test Method Results Date Analyzed GOppef EPA 200.7. Rev 4.4. 1994 Reporting limit elevated due to matrix interference. Zinc Lab ID Sample ID: 23-42217 Site: MP LAS EPA 200.7, Rev 4.4, 1994 <0200 mg/L 102000 mg/L Collect Date/Time Matrix Sampled by 8/3/2023 91-00 AM Water Client 09/02/2023 09/21 /2023 Teat Method Results Date Analyzed Copper EPA 200.7. Rev 4.4, 1904 Reporting limit elevated due to matrix Interference. <0.200 mg/L 09/02/2023 Zinc EPA 200.7. Rev 4.4. 1994 1.36 mg/L 09/02/2023 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 23.42218 Site: GRT Correguard 8/3/2023 9:50 AM Water Client Test Method Copper EPA 200.7, Rev 4.4, 1994 Reporting limit elevated due to matrix interference. Results <0.200 mg/L Date Analyzed 09/02/2023 Zinc EPA 200.7, Rev 4.4. 1994 91300 mg/L 09/21/2023 Lab ID Sample ID: Collect Date/Time Matrix Sampled by 2342219 Site: GRT LAS 8/3/2023 10.-00 AM Water Client Test Copper Method EPA 200.7, Rev 4.4. 1094 Results Date Analyzed 0.383 mg/L 09/02/2023 Zinc EPA200.7, Rev4A, 1994 0.810 mg/L 09/02/2023 Report C 2023-17159 Pape 1 of 2 Environmental Chemists, Inc. envirochem 6602 Windmill Way, Wilmington, NC 28405 . 910.392.0223 Lab . 910.392.4424 Fax ® 710 Bowsertown Road, Manteo, NC 27954 . 252.473.5702 Lab/Fax 255-A V&mingtonn Highway Jacksonville, NC 28540 . 910.347.5843 Lab/Fax ANALYTICAL 3 CONSULTMtO CHEMISTS info@environmentalchemismoom Pamlico County Water Date of Report: Sep 25, 2023 Post Office Box 158 Customer PO #: Bayboro NC 28515 Customer ID: 09010032 Attention: Report #: 2023-17159 Project ID: Lab ID Sample ID: Collect Date/Time Matrix Sampled by 23-42220 Site: GIRT Correguard 1/2 8/3/2023 10:40 AM Water Client Test Method Copper EPA 200.7, Rev 4.4. 1M Reporting limit elevated due to matrix interference. Zinc EPA 200.7. Rev 4 4, 1 M I Reviewed by: &U'gdL Results Date Analyzed <0.200 mg/L 86100 mg/L 09/02/2023 09/21/2023 Report #-! 2023.17159 Page 2 of 2