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Home My WebLink AboutNC0020656_LV-2019-0358_20200121 Alieg 303 West Church Street I P.O. Box 249 I Laurinburg, NC 28353 LAURIN9tRG T:910.276.8324 I F:910.276.0354 I www.laurinburg.org gjoht// oltha•MeepbiRootect January 21,2020 R,-.... IVE D Wastewater Branch JAN 2 9 2020 Division of Water Resources 1617 Mail Service Center ' j'O Q'iD'v RiNPDES Raleigh,NC 27699-1617 Subject: Remissions Request Case No. LV-2019-0358 Case No.LV-2019-0371 City of Laurinburg Leith Creek WWTP NPDES No.NC0020656 Scotland County To Whom It May Concern: The City has received two Notice of Violations and Assessment of Civil Penalty letters dated December 6, 2019 and December 12, 2019. Since the violations were for the same parameters in both letters,we are addressing the remissions request jointly. The noted violation in both NOVs were: - Flow—Monthly Average Exceeded We offer the following comments in explanation of the permit violations: • The monthly average limit for flow was exceeded in both December 2018 and January 2019. The increased flow to the WWTP is due entirely to inflow and infiltration into the collection system during rain events. • There was a total of 9.9 inches of rainfall recorded in the City for the month of December 2018, nearly three times the average monthly rainfall for December. This was preceded by 6.88 inches of rainfall in November 2019,twice the average November rainfall and 20.72 inches of rainfall in September 2018. The rainfall in September was a result of Hurricane Florence. • The level of ground saturation during this period greatly increased the amount of inflow and infiltration into the collection system. The total recorded rainfall for 2018 and January 2019 was 76.76 inches. This is over double the annual average rainfall for North Carolina. • Even with the high flows, the WWTP maintained all compliance with all other permitted parameters. • There were no environmental impacts due to the high flows. • As collection defects are identified,the City will continue to make repairs. The City has very limited funds to spend on the operation and maintenance of the sewer collection system and the wastewater treatment plant and many needs. We will continue to look for funding sources for major • Wastewater Branch January 21,2020 Page Two projects. We ask that a civil penalty not be assessed to the City so that monies can continue to be used for the correction of defects. If you have any questions or comments, please call Dixon Medlin, Director of Water and Wastewater Treatment Plants,at 910/291-1716. Sincer-` s harles D.Nichols III City Manager STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF SCOTLAND • IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STEPULATION OF FACTS City of Laurinburg ) Leith Creek WVVTP ) PERMIT NO.NC0020656 ) CASE NO. LV-2019-0358 Having been assessed civil penalties totaling$1,628.28 for violations)as set forth in the assessment document of the Division of Water Resources dated December 06,2019,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 now evidence in support of a remission request will be allowed aver(30)days from the receipt of the notice of assessment. This the 51- day of -�1G nr,�,a� ,20 20 RECEIVED �. . 1 JAN 2 9 2020 6:041 "A_ SIGNATURE :NCDODWR1/NODES ADDRESS e;:ft «L. q • �v) () VIl TELEPHONE q/a-a.V/ - /7.27 ATTACHMENT A City of Laurinburg CASE NUMBER: LV-2019-0358 PERMIT: NC0020656 REGION: Fayetteville FACILITY: Leith Creek WWTP • COUNTY: Scotland LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount 1213112018 12-2018 Flow,in conduit orthru Continuous rngd 4 5.13 28.3 Monthly $1,500.00 treatment plant Average Exceeded • JUSTIFICATTION FOR REMISSION REQUFAT Case Number: LV-2019-0358 County: Scotland Assessed Party: City of Laurinburg Permit No.i NC0020656 - Amount Assessed: $1,628.28 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRight 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(Le., explain the steps that you took to correct the violation and preventfiiture occurrences); • '1{ (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: G n c�!lILEzto)z,of Illateh,and elliwitealateit 0-mat/neat PLCl/lt LAURINSURG P.O. Box 249 Laurinburg. NC 28353 0 910-277-0214 qpittA thta d cmj text Rainfall for Laurinburg, NC - January 2018 — February 2019 January 2018— 3.00 February 2018— 1.85 March 2018— 2.82 April 2018— 6.21 May 2018— 6.67 June 2018-4.35 July 2018 — 3.72 August 2018 — 3.32 September 2018 - 20.72 Hurricane Florence October 2018 — 3.56 November 2018 - 6.88 December 2018 — 9.90 January 2019— 3.76 Total Rainfall — 76.76