NC0021644_NOV-2019-LV-0151 Response_20190312

TOWN OF LA (RANGE
203 S. CENTER ST. • PO BOX 368
LA (RANGE. NC 28551
March 12, 2019
Mr. Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
North Carolina Department of Environmental Quality
Washington Regional Office of Division of Water Resources
943 Washington Square Mall
Washington, NC 27889
25246a-318(,
152466-1-201 (FAX)
WWW.LAGRANGENC.COM
RE: RESPONSE TO NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY - NOV-2019-LV-0151
Mr. Tankard:
Thank you for taking the time to discuss the Notice of Violation & Intent to Assess Civil Penalty that was
issued to the Town of La Grange on March 11, 2019. As I stated, the Town of La Grange has been in the
process of designing a project to address significant issues that it has been experiencing with infiltration
and inflow, particularly in years that a hurricane affects our area. In 2017, a non -hurricane year, the
Town's flow was approximately 54% of permitted flow; while in 2018, the Town's flow exceeded
permitted limits, which is based in no small part on the fact that we received a total of 79" of rain in La
Grange during calendar year 2018.
The Town is in the process, and has been for some time, of seeking $10.3 million in funding for a sewer
rehab project and water distribution improvements. The lion's share of this project is sewer related,
and is aimed at reducing the amount of wastewater that enters the plant. I respectfully request that
you consider the following facts when considering assessing civil penalties:
1. The Town has a very limited population (2,873) and number of sewer customers (1,100) on
which to meet our financial requirements to operate, maintain, meet debt service obligations,
and pay any fines that may be imposed.
2. Our median household income is only $29,326, while the median household income for North
Carolina is $50,584; therefore, we are in an economically distressed area.
3. We have no issues remaining in compliance in years in which rainfall totals are average.
4. We are actively working to begin work to address the issue to bring ourselves in compliance,
expect to be funded by USDA Rural Development in the near future.
S. While our flow exceeds our permitted limits currently, we remain in compliance with other
permit requirements, considering the fact that we have had to lease additional nitrogen pounds
in hurricane years to remain in compliance with our Neuse Basin discharge requirements.
NCPublidPower
ono.WE?e WS.W.

While the Town recognizes the fact that our flow thru the treatment plant exceeds permitted limits, we
respectfully request that the State take into consideration the mitigating factors that we operate our
facility to the best of our ability based on the aforementioned factors that affect our ability to pay both
fines, engineering costs that are mounting in our effort to design and obtain funding to bring our facility
back into compliance. The Town Council is resolute in its support for the project, and fully intends to
see the project through as expeditiously and cost effectively as possible.
On behalf of the Town, I request an opportunity to meet with representatives of NCDEQ to discuss any
options that would minimize financial penalties while maintaining the Town's opportunity to add
additional customers to our existing system with the understanding that the Town will begin work on
the wastewater collection system rehabilitation project as soon as possible after funding approval from
USDA Rural Development, which is expected to be received within the next few months.
Please feel free to contact me should you have any additional questions and/or to set up a time that is
mutually agreeable to discuss the Town's options as we move forward at [phone] or
[e-mail].
Respectfully,
John P. Craft
Town Manager