NC0066516_Remission Request_20180906

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NORTH CAROLINA
Environmental Quality
ROY COOPER
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director
September 6, 2018
CERTIFIED MAIL#7015 0640 0007 9833 6643
RETURN RECEIPT REQUESTED
Adam Mitchell, Town Manager
Town of Fuquay-Varina
401 Old Honeycutt Road
Fuquay Varina,NC 27526
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Terrible Creek WWTP
Permit NC0066516
Case LV-2018-0106
Wake County
Dear Permittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of
$1,289.27 ($1,250.00 civil penalty plus $39.27 enforcement)to the total amount of$976.77 ($937.50
civil penalty plus $39.27 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead
address within thirty(30) days of receipt of this letter. Please make checks payable to the Depth Intent of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,
which is comprised of members of the Environmental Management Commission. The Committee may
consider such requests and render final and binding decisions in these matters. You may argue your
request before the Committee, and the Division staff will argue against any reduction of the assessment.
DEQ
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

NC0066516 Remission Decision
Should you choose to present your request to the Committee,please notify me at the letterhead address
within thirty(30) days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice, Division staff will automatically place your case on the agenda
of a future Committee meeting.
Thank you for your cooperation in this matter. If you have any questions,please contact Brianna Young
at 919-707-3619 or [e-mail].
Sincerely,
fpoz______ v
Anda Culpepper
Interim Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy) &Request for Oral Presentation Sheet
cc: Enforcement File#: LV-2018-0106
Raleigh Regional Office
Central Files

NC0066516 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Wake DWQ Case Number LV-2018-0106
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Fuquay-Varina )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial.You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.If
you or your representative would like to speak before the Committee, you must complete and return this
form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation,partnership or municipality, the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee, then you do not need legal representation before the Committee;however,if you intend on
having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or
consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney.Presentation of facts
by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature
and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of , 20 .
SIGNATURE TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY RENIISSION FACTORS
Case Number: LV-2018-0106 Region: Raleigh County: Wake
Assessed Entity: Town of Fuquay Varina-Terrible Creek WWTP Permit: NC0066516
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:The Town continued to reduce biosolid concentrations through the use of McGill
Environmental Services over the next three months.The Town also put into operation its new$34
million, 3 MGD plant in the beginning of June 2018 and abandoned the aged 1 MGD plant. 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.
DWR Response:The Town did not have adequate sludge storage. Construction of the new plant
caused clogging of the water feed which reduced the water pressure and stopped operations of the
rotary press. Also, in anticipation of the new plant starting in June 2018,the utility department started
testing a regional pump station where flow had been redirected. The result of the test was a significant
amount of solids being flushed out of the inactive portion of the force main into the plant.This
worsened the solids inventory.
Cold weather in January 2018 resulted in a sludge standpipe(plant#3 of Terrible Creek)becoming
frozen. High solids levels,decreased treatment by insufficient air to plant three(low air to prevent
further solids loss to effluent)resulted in a loss of treatment. Once thawed,the Town focused on
wasting plant#3, increasing air, increasing the frequency that McGill was dewatering and run the
sludge press as fast as possible to give room to waste.The Town continued to reduce biosolids
concentrations through the use of McGill over the next three months.
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States:During the first part of January 2018,the area experienced bitter cold weather with
the daily temperatures remaining below freezing, which resulted in a sludge standpipe for plant#3 of
the WWTP becoming frozen. This prevented continuing to remove biosolids through the rotary press
and through McGill Environmental Systems' dewatering equipment. The violation comes from high
solid levels and decrease of treatment caused by insufficient air to plant#3.The air had to be reduced
to prevent further solids loss to effluent.Mixers were already off previously so the only option was to
reduce air.We lost treatment before we could unthaw, start pressing solids and wasting again. Once
we were table to press solids again,we focused all efforts on wasting plant#3 and increasing air. We
increased the frequency that McGill was dewatering and ran our sludge press as fast as possible to
give us room to waste. This would not normally have been a monthly violation upset incident,but
with unusually high solids and aged inefficient blowers,we were not able to achieve NH3 levels that
would average out for monthly compliance.
DWR Response:The Town did not have adequate sludge storage as evident by the reliance on
McGill, and conducted a pump station/force main flush test that worsened the solids inventory. This
is an operation and maintenance issue. The lack of facility sludge storage and the cold weather
worsened the impact of the O&M.

❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
•
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Partial Remission $ "312.0 (Enter Amount)
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inda Culpepper Date
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