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Home My WebLink AboutNC0020800_Compliance_20180824NPDES DOCUWENT SCANNING COVER SNJEET NPDES Permit: NC0020800 Andrews WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Compliance j) Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: August 24, 2018 This document is printed on reuse paper -ignore aazy content on the reverse side NORTH CAROLINA Environmental Quality August 24, 2018 ROY COOPER Govemor MICHAEL S. REGAN Secretary LINDA CULPEPPER finer/m Director CERTIFIED MAIL ITEM 7015 0640 0007 9833 5851- RETURN RECEIPT REQUESTED Mr. Timothy Wood Town of Andrews P.O. Box 1210 Andrews, NC 28901-1210 SUBJECT: CIVIL PENALTY REMISSION REQUESTS Andrews WWTP NPDES Permit NCO020800 Case LM-2018-0013 �I Case LV-2018-0098 Case LM-2018-0022 .� Cherokee County Dear Mr. Wood: P,d///S 6 �Clsd P4,,d erg, r4 / e '/s�,C I have considered the information submitted by your municipality in support of a request for remission in the subject cases. The progress your municipality has made in upgrading the W WTP and your compliance with the terms of the existing Settlement Agreement are valid achievements in support of your requests. Therefore, in accordance with NCGS 143-215.6A (i), I have found cause to remit the original civil penalty assessments by 50%. The Town of Andrews is responsible for the remaining penalties and enforcement costs, which total $2.031.04. If you choose to pay the remaining amount, send payment to the letterhead address within thirty (30) days of receipt of this letter. Please make the check payable to NC DEQ, and include the case numbers on the check. If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and my recommendation to deny the requests will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your requests for remission meet one or more of the five statutory factors you were asked to address, you must complete and _ft:�E North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919-707-3616 NCO020800 Remission Decision Page 2 of 5 return the attached forms within thirty (30) days of receipt of this letter. Please mail the completed forms to: Mr. Charles H. Weaver NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral' presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise; the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Mr. Weaver at (919) 707-3616 or charles.weaver@ncdenr.gov. Sincerely, da Culpepper, Interim Director Division of Water Resources cc: Central Files UNITED STATES POSTAL SERVICE First -Class Mail Postage 8 Fees Paid USPS ' Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• X M Charles H. Weaver m m � m NC DENR / DWR / NPDES Unit tD rn 1617 Mail Service Center X o m Raleigh, NC 27699-1617 (no O CD 0 = o Z USPS TRAC19NG # I II I II III) IIIIIIIIIIII IIIII III II I I IIII III . 9590 9401 00AIIAM`{dk`{Jii0{III N �n{Irl�{rli{IiIIIrIr1{'I{{I{{ ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Timothy Wood TOWN, of Andrews PO flax 123,0' Andrews, Pik?f8901-1210 ❑ Agent D. Is delivery address different from item 17 11..1 Yes M YES, enter delivery address below: ❑ No :f. aervtce type ❑ Priority Mail Express® II I'IIIII I'll I'I II II I llll III II I I I II I III I I II III ture Restricted Delivery ❑ Dee" %!;ad Mai' Restrict ❑ CedifieSig tl Me I® liv 4590 94111 0023 5071 0363 54 D Cenified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise Oelivery Restricted Delivery it ❑ Signature Confirmation' El Signature Confirmation 7015 0640 0007 9833 5851 „ Restricted Delivery Restricted Delivery I toyer $500) Ps Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipl DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LM-2018-0013 Region: Asheville County: Cherokee Assessed Entity: Town of Andrews Permit: NC0020800 ASSESSMENT FACTORS ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Notes: (e) Whether the violation was inadvertent or a result of an accident: Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Notes: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Notes: DECISION (Check One) Rev. 7/2015 Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yea No❑ Partial Remission V I A (Enter Amount) Lidaa Pepper �J/ DWR - CIVIL ASSESSMENT FACTORS CONSIDERATION Case Number: LM-2018-0022 Assessed Region: Asheville County: Cherokee Entity: Town of Andrews Permit: NC0020800 ASSESSMENT FACTORS (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Notes: (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Notes: (c) Whether the violation was inadvertent or a result of an accident: Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Notes: DECISION (Check One) Rev. Tanis Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes No❑ Partial Remission $ 7 y n �(Enter Amount) /v- da Culpepper ate DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2018-0098 Region: Asheville County: Cherokee Assessed Entity: Town of Andrews Permit: NC0020800 ASSESSMENT FACTORS ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Notes: (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Notes: (c) Whether the violation was inadvertent or a result of an accident: Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Notes: DECISION (Check One) Rev. 712015 Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes No❑ Partial Remission as 56i) r (P) (Enter Amount)) \\ Linda Culpepper Date JUSTIFICATION FOR REMISSION REQUEST /Case Number: LV-2018-0098 County: Cherokee Assessed Party: Town of Andrews Permit No.: NC0020800 Amount Assessed: $1,118.68 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 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 (i.e., explain the �tepsth you. took to correct the violation and prevent future occurrences); e 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: Ipie a S. �� , �� Cl . STATE OF NORTH CAROLINA COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WWTP PERMIT NO. NCO020800 DEPARTMENT OF ENVIRONMENTAL QUALITY �. WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2018-0098 Having been assessed civil penalties totaling $1,118.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 09, 2018, 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 Z`A day of 20-1jr— SIG ATURE ADDRESS TELEPH NE 11 �S 5/16/18 Response to Notice of Violation & Intent to Assess Civil Penalty Case M LV-2018-0098 (October 2017), LM-2018-0022 (December 2017) Town of Andrews, NC. Permit #: NC0020800 This letter is in response to the recent Notice of Violation & Intent to Assess Civil Penalty notification that was received by the Town of Andrews Wastewater Treatment Facility on 5/15/18. At the present, the Town of Andrews WWTP has completed the majority of rehabilitation, with the exception of "work near completion" listed below. This includes the repair of all aged, worn, and/or malfunctioning mechanical/structural components necessary for the proper process control of the facility. Additionally, there have been two planned upgrades to our plant in the form of manual to mechanical screening equipment, and redesigning/upgrading our current disinfection/dechlorination feed system from manual to flow -proportional. To date work has been completed on: Rehabilitation of Aerobic Digester and replacement of old digester blowers and valves with all new equipment - Installation of Parkson Aqua -Guard Mechanical Screen - Installation and Set -Up of new Disinfection/Dechlorination buildings and system which also includes new flow -proportional gas feed system for Chlorine gas, new Chlorine Residual Analyzer for automatic feed of SO2 dechlorination unit, new gas detectors, alarms, valves, and scales - Rehabilitation of North Trickling Filter - South Clarifier Repairs To date work near completion includes: - Awaiting final completion of construction and electrical punch -list, and site clean-up All of these improvements have already shown vast improvements in the process control as well as the effluent quality of our facility. Once again, the present violations that were received in October and December of 2017 concerning exceeding monthly limits for Ammonia Nitrogen, TSS, and Fecal Coliform, along with other various months over the course of the last two years have been a direct result of this aging and failing infrastructure and its ability to effectively treat waste during high temps and extremely high or low flows under the adverse conditions of attempting to treat wastewater with only half of our facility operable. Our facility is now working at full capacity. The town also continues to work diligently in planning and procuring the funding for future capital improvements. It should also be noted that the Andrews Wastewater Treatment Facility has, and is continuing to meet the requirements put forth in the Settlement Agreement reached between the Town of Andrews and NCDEQ. I would like to take a moment to particularly address the "Flow" monitoring violations that were present on the given NOV's and dates, and offer an explanation for these. These were merely a matter of the eDMR system not taking into account the days marked holidays, and therefore it automatically removes any flow numbers that are entered based upon that algorithm. 5/16/18 Concerning the permit violations that consist of "failures to properly monitor Total N — Conc & Total P — Conc" for the month of December 2018, Case # LM-2018-0022, this was merely an oversight on the part of Andrews WWTP staff and Laboratory staff of Earth Environmental Services. I will notify Mark Bentley of EES that we did not receive the numbers for those parameters and make the appropriate revisions through the eDMR for this particular month and date, or I will gladly send out notification of these improvements via U.S. Postal Service or email directly. Please advise on which would be preferred. We fully understand that the recently issued and received NOV's area matter of legal requirement in their administration, however considering our circumstances at the present, the remedial actions, funding, and good faith effort put forth by the Town of Andrews and WWTP operators, I know that our situation is unique. Because of this, and at the risk of seeming redundant, I feel that the institution of proposed fines would: I. Serve no legitimate purpose in limiting further incidents, as only the capital improvements to the infrastructure which are now 'under way will accomplish this. 2. Serve no logical purpose in helping the Town of Andrews improve the capability or function of the plant as it merely takes funds away from the plant budget that could be put to better use in other areas. 3. Would serve no other purpose than as a punishment, penalizing the Town in the present for circumstances of the past which those now working so hard to remediate had no part of, all the while they are doing everything within their ability to bring the plant up to date and into compliance. I can see no other logical explanation for the assessment of such fines. We also understand that according to applicable law, the assessment of fines must undoubtedly occur at times, and that there may be no choice in the matter. But respectfully I feel that the continuing fines for minor, unintentional infractions as it relates to our current situation is counterproductive.as it neither helps, nor offers a solution. Every representative of NCDEQ that we have ever spoken with has assured us that "we are here to help" and I applaud the sentiment, but cannot see any way in which this would help. With this in mind, I would ask that if there is any discretionary -.power available, any possibility of leniency for the Town of Andrews throughout this current project, being clearly understood what we have faced as well as the challenges before us, that those who have the task of making such difficult decisions on these matters would grant us such. Thank you for your time and consideration. Respectfully, Tim Wood ORC—Andrews WWTP 828-557-8630 wastewaterplant@andrewsnc.com JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2018-0013 Assessed Party: Town of Andrews Permit No.: V NCO020800 County: Cherokee Amount Assessed: $2,118.68 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 civ 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 (i.e., explain the steps that you took to correct the violation and prevent future occurrences); vo (c) the violation was inadv .rrenr 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: See A�&cke-k RECEIVEDiDENR/DWR MAR 282018 Water Resources Permitting Section STATE OF NORTH CAROLENA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Andrews ) Andrews WWTP ) PERMIT NO. NCO020800 ) CASE NO. LM-2018-0013 Having been assessed civil penalties totaling $2,118.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated -March 12. 2018, 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 day of Mar CA 20-j— _JV ADDRESS / 70-W 10 Cr /tJl�e l/V 126, Sox !a/D -pllG�LrlS TELEPHONE t 3/19/18 Explanation of Request for Remission Re: Case # LM-2018-0013 The Town of Andrews Wastewater Treatment Plant requests remission of civil penalties assessed in case number: LM-2018-0013 for the month of September 2017 based upon factor (c) of the Justification For Remission Request form. The violations which occurred during this time were inadvertent and unavoidable when taking into consideration that the Town of Andrews has been in dire need of upgrades for worn out and aging infrastructure for several years now. Until recently, the ability of the Town of Andrews to acquire the necessary funding to make said upgrades due to financial constraints, and/or minimal availability of grant funding has created a hardship for both the municipality and plant operators in keeping the plant in compliance due to aging, worn, broken down components of the facility. These repairs are costly to say the least, and cannot be remediated by any short-term action. The Town of Andrews has, and will, continue to work diligently towards rectifying these compliance issues, and has been making extensive progress in doing so, despite the hardship and financial strain that it puts upon the already burdened tax -payers and residents of the town. - To date, the Town has procured approximately $1.3 million dollars for Phase One of the Andrews Wastewater Treatment Plant Capital Improvements project. Approximately 80% of this funding has been obtained by way of the Town of Andrews securing a loan for that amount during a time of extreme financial difficulty. This is undoubtedly an indication of the Town's determination and willingness to see that progress and correction is made concerning this issue. - The Town entered into a contract for construction for Phase One of the Capital Improvements plan on May 8, 2017, and was issued a Notice to proceed on June 1, 2017. At this time, JS Haren Construction out of Athens, TN was awarded the contract and began construction and repairs at our facility. As of the date of this letter, over 90% of the construction and repairs have been completed, and we are very close to once again being able to operate our plant to full capacity. This will also be the first time since 2015 that our plant infrastructure has been operating at more than 50% of its functional capacity. In light of this understanding that the facility has been inadvertently forced to operate at only half of its functional capacity for this time based upon these factors, it shows nothing but due diligence and hard work on the part of the Town of Andrews and WWTP operators in being able to maintain the numbers that we actually have. - In October of 2017 the Town of Andrews and the North Carolina Environmental Management Commission entered into a Settlement Agreement for NPDES Permit #NC0020800 according to NC General Statute 143-215.3(a)(6). This Settlement Agreement required the following: 1. The Town of Andrews to move towards fulfilling the obligations and repairs (i.-v.) noted in the Authorization to Construct 2. The fulfillment of requirements (a.) — (c.) by the Town of Andrews of the following Implementation Schedule, and 3. Payment in full of settled amount of civil penalties to date in the amount of $4,500.00 Explanation of Request for Remission 3/19/18 All of the requirements set forth within the Settlement Agreement have been met by the Town of Andrews with the exception of part (c.) of section "2." of the settlement agreement with regards to the requirement to "return to consistent compliance or enter into Special Order of Consent within 90 days of completion of all items..." This is due to the fact that final construction is not yet completed. In addition to this I have attached copies of: • Settlement Agreement as a reference • Detailed and up-to-date Construction Progress Report, and • Explanation letter of Reasoning for Remission of ALL assessed fines for the duration of Construction and Settlement Agreement based upon the undue hardship it would create for the Town of Andrews and its residents. The Town of Andrews is currently seeking other avenues of funding for the purpose of making further upgrades and repairs to our plant in order to more efficiently maintain and/or meet the needs for the protection of our environment as well as down -stream users as we move into the future. The Town of Andrews respectfully requests that you would grant leniency in this case, as we continue to work together towards that goal. Timothy Wood Town of Andrews WWTP-ORC wastewaterplant@andrewsnc.com (828)557-8630 Progress Report for Andrews WWTP Capital Improvements 3/19/18 At the present, the Town of Andrews WWTP is in the process of its rehabilitation, with an approximate scheduled completion date of 3/22/18. This has included the repair of all aged, worn, and/or malfunctioning mechanical/structural components necessary for the proper process control of the facility, in addition to two planned upgrades.to our plant in the form of manual to mechanical screening equipment, and redesigning/upgrading our current disinfection/dechlorination feed system from manual to flow -proportional. To date work has been completed on: - Rehabilitation of Aerobic Digester and replacement of old digester blowers and valves with all new equipment - Installation of Parkson Aqua -Guard Mechanical Screen - Installation and Set -Up of new Disinfection/Dechlori nation buildings and system which also includes new flow -proportional gas feed system for Chlorine gas, new Chlorine Residual Analyzer for automatic feed of S02 dechlorination unit, new gas detectors, alarms, valves, and scales - Rehabilitation of North Trickling Filter. All new media support walls and media has been replaced, columns, arms, seals, bearings, and fittings have been replaced - Rehabilitation of North Trickling Filter - South Clarifier Repairs. New drive installed. All scrapers and sludge draw -off lines have been replaced. Clarifier start-up occurred on 3/14/18 - Additional work includes: New N. Filter Valve, Well -point for groundwater at S. Clarifier, redundancy in water lines for Chlorination/Dechlor systems. To date work near completion includes: - Awaiting final construction, punch -list, and site clean-up All of these improvements will vastly improve the process control as well as the effluent quality of our facility. Once again, the present violations that were received in the past three years concerning exceeding monthly limits for Ammonia Nitrogen, BOD, and TSS, are a direct result of this aging and failing infrastructure and its ability to effectively treat waste during high temps and extremely high or low flows. The town is making every good faith effort towards these improvements, and also continues to work diligently in planning and procuring the funding for future capital improvements 3/19/18 Reasoning For Remission Request RE: Case # LM-2018-0013 We fully understand that the recently issued and received NOV's are a matter of legal requirement in their administration, however considering our circumstances at the present, the remedial actions, funding, and good faith effort put forth by the Town of Andrews and WWTP operators, I know that our situation is unique. Because of this, and at the risk of seeming redundant, I feel that the institution of proposed fines would: Serve no legitimate purpose in limiting further incidents, as only the capital improvements to the infrastructure which are now under way will accomplish this. Serve no logical purpose in helping the Town of Andrews improve the capability or function of the plant as it merely takes funds away from the plant budget that could be put to better use in other areas. Would serve no other purpose than as a punishment, penalizing the Town in the present for circumstances of the past which those now working so hard to remediate had no part of, all the while they are doing everything within their ability to bring the plant up to date and into compliance. I can see no other logical explanation for the assessment of such fines. We also understand that according to applicable law, the assessment of fines must undoubtedly occur at times, and that there may be no choice in the matter. But respectfully I feel that the continuing fines for minor, unintentional infractions as it relates to our current situation is counterproductive as it neither helps, nor offers a solution. Every representative of NCDEQ that we have ever spoken with has assured us that "we are here to help" and I applaud the sentiment, but cannot see any way in which this would help. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CHEROKEE IN THE MATTER OF ) NORTH CAROLINA ) SETTLEMENT AGREEMENT NPDES PERMIT NCO020800 ) C17-001 HELD BY THE TOWN OF ANDREWS ) Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement Agreement is entered into by the Town of Andrews, herein referred to as the Town, and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by N.C. General Statute § 143B-282, and hereinafter referred to as the Commission: 1. The Town and the Commission hereby agree to the following findings: (a.) The Town holds North Carolina NPDES permit NCO020800 for operation of the Town of Andrews wastewater treatment plant (WWTP) and for making an outlet therefrom for the discharge of treated wastewater to the Valley River, currently classified C waters of this State in the Hiwassee River Basin. (b.) Effluent limits included as terms of NPDES permit NCO020800 have been established as those concentrations of pollutants that may be discharged into the receiving stream without causing applicable water quality standards to be contravened. (c.) The Town of Andrews WWTP has been noncompliant with the effluent limits contained in NPDES permit NCO020800 in the manner and to the extent described in Attachment A to this Agreement. Reported violations of effluent limits have persisted from June 2015 through the date of this agreement. Further noncompliance with permit limits is anticipated in the future unless additional action is taken to enhance or upgrade treatment processes. (d.) The Town has been assessed penalties totaling $15,117.37 for effluent limit violations that occurred from June 2015 through December 2016. Of that total, $2,062.50 has been remitted (reduced/removed), and $7,379.82 has been paid, leaving an outstanding assessed civil penalties balance of $5,675.72. (e.) Per application of current Division of Water Resources (Division) enforcement guidance, the Town is potentially liable for the assessment of additional civil penalties for effluent limit violations that occurred from January — August 2017. N 44 Town of Andrews Settlement Agreement C17-001 NCO020800 (f.) On September 12, 2016, The Town received Authorization to Construct from the Division for modifications to the Andrews WWTP. The modifications include: i. Installation of a new 3.75 MGD mechanical bar screen and replacement of an existing manual bar screen; ii. Rehabilitation of the existing North trickling filter by replacing media and rehabilitation of distributor rotating mechanism; iii. Rehabilitation of the South trickling filter rotating mechanism; repair of the South secondary clarifier (solids removal system, clarifier drive); iv. Installation of a chlorination/dechlorination integrated automatic feed controller system; installation of a new chlorine residual analyzer; V. Replacement of aerobic digester aeration system consisting of three (3) 725 SCFM blowers, air piping and diffusers; The Town believes this work will have a positive impact on effluent concentrations of 5-day Biochemical Oxygen Demand (BOD) and ammonia nitrogen. 2. Based upon the above findings, the Town and the Commission agree to the implementation of the following schedule: (a.) The Town executed construction contracts on May 8, 2017; a Notice to Proceed was issued on June 1, 2017. (b.) The Town shall provide quarterly reports to the NC DEQ Asheville Regional Office (ARO) documenting progress made toward completion of construction activities noted in 1. f £)(i. — v.) above, including evaluations of the effectiveness of efforts that have been completed. Additionally, the reports shall address any hindrances the Town has experienced in the completion of construction activities. Reports are to be submitted no later than the 15' day of February, May, August and November, as long as this Agreement is in effect. Reports shall be submitted to ARO Regional Engineer Tim Heim via email (tim.heim@ncdenr.gov). (c.) Return to consistent compliance or enter into a Special Order by Consent within 90 days of completion of all items included in the modifications contained in the Authorization to Construct. "Consistent compliance" as stated above is defined as being compliant with terms and conditions of NPDES permit NCO020800, as primarily evidenced by data submitted on Discharge Monitoring Reports (DMRs), for (3) three consecutive months after completion of all construction activities noted in 1.(f.)(i. — v.) above (construction is currently anticipated to be complete by January 31, 2018). Page 2 of 4 Town of Andrews Settlement Agreement C17-001 NCO020800 In order to facilitate resolution of the matters of outstanding civil penalties and unaddressed violations documented in paragraphs 1.(d.) and 1.(e.) above, the Commission and the Town agree to settle the above described penalties and violations for the total amount of 4 500.00. Payment shall be made by check made payable to the North Carolina Department of Environmental Quality within 15 days of the execution of this Agreement, and sent to the following address: Attn: John Hennessy, Supervisor Compliance & Expedited Permitting Branch NC Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Full payment of the settlement amount shall constitute complete satisfaction of all outstanding civil penalties assessed prior to the execution of this Agreement and resolve all unaddressed violations occurring prior to the execution of this Agreement. 4. Nothing in this Agreement relieves the Town of its duty to abide by the terms of NPDES permit NC0020800. Noncompliance with the terms of the NPDES may subject the Town to the assessment of additional civil penalties during the time this Agreement is in effect. However, the Division will use discretion in its consideration of civil penalty assessments for violations of permit limits that occur during the life of the Agreement. 5. Failure to comply with the terms of this Agreement may subject the Town to the assessment of additional civil penalties pursuant to Part II, Section B (2.) (the "Duty to Mitigate" condition) of NPDES permit NC0020800. 6. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed overdue if they are not made, completed or submitted by the dates specified. The burden for providing sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by the Town. 7. Because this is an Agreement between the Commission and the Town, neither party will file a petition for a contested case or for judicial review concerning its terms. The Town may request an extension/modification to this Agreement. Such request must be made in writing to both the ARO and the Division's Central Office. The request must include reasons for the extension/modification and state when compliance with the NPDES permit will be achieved. Any extension/modification must be approved in writing by the Director of the Division or his designee in order to be effective. Page 3 of 4 JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2018-0022 Assessed Party: Town of. Andrews Permit No.: NC0020800 County: Cherokee Amount Assessed: $468.68 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 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.l(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 ste hat 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: RECEIVED/DENR/DUWR ,4 MAY 2 9 2018 Water Resources Permitting Section STATE OF NORTH CAROLINA COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WWTP PERMIT NO. NCO020800 DEPARTMENT OF ENVIRONMENTAL QUALIFY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LM-2018-0022 Having been assessed civil penalties totaling $468.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 09, 2018, 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 �L / day of ADDRESS \ �, TELEPHONE 5/16/18 Response to Notice of Violation & Intent to Assess Civil Penalty Case #: LV-2018-0098 (October 2017), LM-2018-0022 (December 2017) Town of Andrews, NC. Permit #: NCO020800 This letter is in response to the recent Notice of Violation & Intent to Assess Civil Penalty notification that was received'by the Town of Andrews Wastewater Treatment Facility on 5/15/18. At the present, the Town of Andrews WWTP has completed the majority of rehabilitation, with the exception of "work near completion" listed below. This includes the repair of all aged, worn, and/or malfunctioning mechanical/structural components necessary for the proper process control of the facility. Additionally, there have been two planned upgrades to our plant in the form of manual to mechanical screening -equipment, and redesigning/upgrading our current disinfection/dechlorination feed system from manual to flow -proportional. To date work has been completed on: - Rehabilitation of Aerobic Digester and replacement of old digester blowers and valves with all new equipment- - Installation of Parkson Aqua -Guard Mechanical Screen - Installation and Set -Up of new Disinfection/Dechlorination buildings and system which also includes new flow -proportional gas feed system for Chlorine gas, new Chlorine Residual Analyzer for automatic feed of S02 dechlorination unit, new gas detectors, alarms, valves, and scales - Rehabilitation of North Trickling Filter - South Clarifier Repairs To date work near completion includes: - Awaiting final completion of construction and electrical punch -list, and site clean-up All of these improvements have already shown vast improvements in the process control as well as the effluent quality of our facility. Once again, the present violations that were received in October and December of 2017 concerning exceeding_ monthly limits for Ammonia Nitrogen, TSS, and Fecal Coliform, along with other various months over the course of the last two years have been a direct result of this aging and failing infrastructure and its ability to effectively treat waste during high temps and extremely high or low flows under the adverse conditions of attempting to treat wastewater with only half of our facility operable. Our facility is now working at full capacity. The town also continues to work diligently in planning and procuring the funding for future capital improvements. It should also be noted that the Andrews Wastewater Treatment Facility has, and is continuing to meet the requirements put forth in the Settlement Agreement reached between the Town of Andrews and NCDEQ. I would like to take a moment to particularly address the "Flow" monitoring violations that were present on the given NOV's and dates, and offer an explanation for these. These were merely a matter of the eDMR system not taking into account the days marked holidays, and therefore it automatically removes any flow numbers that are entered based upon that algorithm. 5/16/18 Concerning the permit violations that consist of "failures to properly monitor Total N — Conc & Total P — Conc" for the month of December 2018, Case # LM-2018-0022, this was merely an oversight on the part of Andrews WWTP staff and Laboratory staff of Earth Environmental Services. I will notify Mark Bentley of EES that we did not receive the numbers for those parameters and make the appropriate revisions through the eDMR for this particular month and date, or I will gladly send out notification of these improvements via U.S. Postal Service or email directly. Please advise on which would be preferred. We fully understand that the recently issued and received NOV's are a matter of legal requirement in their administration, however considering our circumstances at the present, the remedial actions, funding, and good faith effort put forth by the Town of Andrews and WWTP operators, I know that our situation is unique. Because of this, and at the risk of seeming redundant, I feel that the institution of proposed fines would: 1. Serve no legitimate purpose in limiting further incidents, as only the capital improvements to the infrastructure which are now under way will accomplish. this. 2. Serve no logical purpose in helping the Town of Andrews improve the capability or function of the plant as it merely takes funds away from the plant budget that could be put to better use in other areas. 3. Would serve no other purpose than as a punishment, penalizing the Town in the present for circumstances of the past which those now working so hard to remediate had no part of, all the while they are doing everything within their ability to bring the plant up to date and into compliance. I can see no other logical explanation for the assessment of such fines. We also understand that according to applicable law, the assessment of fines must undoubtedly occur at times, and that there may be' no choice in the matter. But respectfully I feel that the continuing fines for minor, unintentional infractions as it relates to our current situation is counterproductive as it neither helps, nor offers a solution. Every representative of NCDEQ that we have ever spoken with has assured us that "we are here to help" and I applaud the,sentiment, but cannot see any way in which this would help. _.. With this in mind, I would ask that if there is any discretionary power available, any possibility of leniency fo`r the Town of Andrews throughout this current project, being clearly understood what we have faced as well as the challenges before us, that those who have the task of making such difficult decisions on these matters would grant us such. Thank you for your time and consideration. Respectfully, Tim Wood ORC—Andrews WWTP 828-557-8630 wastewaterplant@.andrewsnc.com