NC0089770_LV-2019-0137 Remission Justification_20190724

. .
-- Post Office Box 10279
-�- CATLIN Wilmington, NC 28404-0279
Engineers and Scientists Phone [phone]
Fax [phone]
www.catlinusa.com
July 24, 2019
North Carolina Department of Environmental Quality
Attn: Ms. Emily Phillips RECEIVED/NCJDEQ/DWR
Wastewater Branch
Division of Water Resources JUL 2 9 2019
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 Water Quality
PArrnittIng Section
Re: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute
(G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0089770
City of Greenville
Town Creek Culvert Storm Drain Improvement
Case No. LV-2019-0137
Dear Ms. Phillips:
This letter and attached Justification for Remission Request and Waiver of Right to an
Administrative Hearing and Stipulation of Facts are offered on behalf of Lisa Kirby and
The City of Greenville (The City) in response to the Notice of Violation and Assessment
of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0089770 letter from Robert Tankard dated June 26,
2019.
CATLIN Engineers and Scientists (CATLIN) and The City of Greenville (The City) have
made remedial actions including implementing operational and procedural policies in
response to the non-compliant discharges and reporting deficiencies associated with
NPDES Permit number NC0089770. We have had a number of subsequent meetings
with Mr. Tankard to keep him informed of the ongoing efforts to satisfy the Permit
requirements.
As indicated on the attached Justification for Remission Request, the non-compliance
was the result of unsuspected groundwater conditions and a mechanical failure.
Neither CATLIN nor The City has ever been assessed civil penalties for any previous
violations. Thank you for your consideration regarding this matter.
If you have any questions or require any additional information, please do not hesitate
to contact us at [phone] or Lisa Kirby, P.E. with The City at [phone].
Sincerely, ,
3.;.0.......--.-... J_ A
Benjamin J. Ashba, P.G. Theodore J. Triantafillo oulos
Project Manager Operator In Responsible Charge
Cc: Robert Tankard, NCDEQ Washington Regional Office
Lisa Kirby, PE, City of Greenville

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2019-0137 County: Pitt
Assessed Party: The City Of Greenville
Permit No. (if applicable): NC0089770 Amount Assessed: $420
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);
(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);
X (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);
X (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:
The effluent Zinc concentrations resulting in the NOV and Civil Penalty assessment were unexpected because there
were no suspected influent Zinc concentrations or sources. The treatement system was designed to treat known
petroleum and solvent impacted groundwater similar to the system CALTIN Engineers and Scientists(CATLIN)
operated for NCDOT during the 10th Street Connector Project(NPDES Permit No.NC0089567 issued 10/14/15).
Revised 8/2014

CATLIN treated and discharged over 1 million gallons while operating the system nearly 2 years for NCDOT.
While the sampling requirements(see attached)were different for the NCDOT project,the suspected groundwater
impacts were similar. The mobile treatments system operating under the current Permit for The City of Greenville
(The City)initally had a mechanical failure of the bag filter unit. The bag filter canister became dislodged from its
seated position due to corrosion of the lip/rim. After a number of unsuccessful"fix"attempts the bag filter units
were fitted with gaskets(not typically required with this style of bag filter) to prevent the canisters from becoming
dislodged from their seated position within the vessel. Based on differential pressures between the influent and
effluent the gaskets are providing a seal and the canisters are maintaining their seated position. However,zinc
concentrations were still non-compliant. Ongoing dewatering and construction activities are moving upgradient and
the mobile treatment system was recently relocated from near the Tar River. Additionally,the two(2)(each with
10,000 lbs of granular activated carbon)eight foot diameter Liquid PhaseCarbon Adsorbers PC 50 tanks/vessels
have been replaced with new carbon vessels(of the same type and contents). The groundwater characteristics are
ever changing but the new location and future dewatering and treatment efforts are moving towards the historic
NCDOT 10th St.Connector project location. The City and the treatment system operator(CATLIN)have never
been assessed civil penalties for any previous violations.

Permit NC0089567
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[NCAC 02B.0400 et seq., 02B.0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge treated wastewater from multiple outfalls [see map and page 2 of
6]. Such discharges shall be limited,monitored and reported1 by the Permittee as specified below:
r,EFFLUENT. ,,;. .I;INIITS' - MONITORING REQUIREMENTS
- '`C_HARACTER.ISTICS' __ = _ _
- [Paraineter Codes] _ Monthly Daily ;Measurement's Sample Sample' _
_ Average Max _ ,Frequency, ,'Type hocafions''2,s=
Flow [MGD] 50050 0.288 Continuous Totalizing E
Recorder
Volatile Organic Compounds EPA 624 Per Batch�or Grab I&E
Weekly
Semi-Volatile Organic Per Batch or
Compounds EPA 625 Monthly 4 Grab I&E
Turbidity 00070 Weekly Grab E
pH 00400 Not<6.0 or>9.0 Weekly Grab E
standard Units
Acute Whole Effluent Toxicity 5 TAA6C Monthly Grab E
Footnotes:
1. Beginning no later than 270 days from the permit effective date,the Permittee shall submit Monthly
Discharge Monitoring Reports electronically using NCDWR's eDMR submittal system [Section A. (3.)].
2. Sample Location:I=Internal, Prior to each carbon-filter change-out,the Permittee shall collect Internal
samples immediately upstream of the final carbon-filter. The purpose of Internal sampling is to document
contaminant break-through of the first-in-line carbon-filter.The monitoring frequency shall match or exceed
the expected filter saturation frequency [break-through],herein defined as a Batch,its duration estimated by
the expected system-design concentrations(see Treatment Batch).
3. Sample Location:E=Effluent. Effluent samples shall be collected concurrently with break-through
Influent samples. Effluent samples shall be collected immediately downstream of the last carbon filter
designated as final treatment before storm-drain discharge.The purpose of effluent sampling is to document
contaminant concentrations in the final discharge.
4. Treatment Batch Sampling: Batch sampling is conducted to define the useable life of a carbon canister as
documented by Internal sampling.Monitoring shall be conducted Weeldy(for EPA 624)and Monthly(for
EPA 625)or at filter change-out,whichever is more frequent.Batch Discharge Logs-The permittee shall
document total flow to each designated outfall; effluent discharge logs shall document Batch filter change-
out to include, date,time, and total effluent flow. Copies of these logs shall be kept onsite for the duration of
the project,at all times available for DWR inspection.
5. Whole Effluent Toxicity(WET)-Acute,Monitor Only;Monthly(Pimephales promelas)48 hour static
test. [See Section A. (2)].WET test samples shall be collected concurrently with other effluent samples.
Page 3 of 6

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF PITT
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
CITY OF GREENVILLE )
TOWN CREEK CULVERT STORM DRAIN )
IMPROVEMENT
)
)
NPDES PERMIT NO. NC0089770 ) FILE NO. LV-2019-137
Having been assessed civil penalties totaling$420 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated June 26, 2019,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 thirty(30) days from the receipt of the notice of assessment.
This the 24 ` day of J"k# , 2O 1 q
X 'Y
Si atuCC •
ADDRESS
1500 13eafty 5-free, -
Gyeer1 vi 1 i e, tQc.. z1831-
TELEPHONE
(252) 321 - +( $3
Revised 3/2009