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Home My WebLink AboutNC0020800_Compliance_20191107WDES DOCYNEMT SCAMMIML COVER SMEET NPDES Permit: NC0020800 Andrews WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Compliance Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: November 7, 2019 This document Im printed on z-ezzime paper - igraore mazy content on the z-evex- a mide NORTH CAROLINA Environmental Quoffry November 7. 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director CERTIFIED MAIL ITEM 7015 0640 0007 9833 5967 - RETURN RECEIPT REQUESTED Mr. Timothy Wood Town of Andrews P.O. Box 1210 Andrews, NC 28901-1210 SUBJECT: CIVIL PENALTY REMISSION REQUEST Andrews WWTP NPDES Permit NCO020800 Case LM-2018-0049 Cherokee County Dear Mr. Wood: I have considered the information submitted by your municipality in support of a request for remission in the subject case. The progress made in upgrading the Andrews WWTP supports your request in regard to the limit violation, but not the failures to monitor. Therefore, in accordance with NCGS 143-215.6A (f), I have found cause to remit the original civil penalty assessments by $250.00. The Town of Andrews is responsible forth airing penalties and enforcement costs, which total $706.68. `r f ff' en lZ�y %l� -- aSe GI/ 5PU' 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 return the attached forms within thirty (30) days of receipt of this letter. Please mail the completed forms to: North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Servioe Center I Ralelgh. North Carolina 27699.1617 919-707-3616 NCO020800 Remission Decision Page 2 of 3 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. cc:- Central.Files inc ely,. Linda Culpeppe erector Division. of Water Resources. 0 USPS TRACKING #_ I I I I I I =ClassaiUSPS 9590 9402/950 1060 9863 90 United States Postal Service z • Sender: Please print your name, address, and ZIP eo in t ' ox• w / Charles H. Weaver NC DEQ / DWR / NPDES 0 v 1617 Mail Service Center M Raleigh, NC 27699-1617 Cn IlrlliiiP�llhlllll�lliiih�im�lnllllltnlilllil��lrmltii ■ Complete Items 1, 2, and 3. ■ print your name and address on the reverse I)( J Agwt so that we can return the card to you. 4 ` ❑ Addresser ■ Attach this card to the back of the mailpiece, B eived (Footed ) . Da of wirri or on the front if space permits. Town Brews (very address dlrrerem Item t? Yes o N YES, enter delivery address below: ❑ No Attn: Tim by Wood PO Box 1210 Andrews, NC 28901 3. Service Type ❑ Priority Mail Express(g) II I Illlll I'll III I III I I IIII I Illll III I I'll I I I III ❑ Signature ❑ Registered MajjTM ail* Mutt ❑ Mutt Signature Restricted Delivery esMctr ❑ Registered MaRestrict( 9590 9402 3950 8060 9863 90 [I Ceftifi� Met@ ❑ certified Mal Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 7015 0640 0007 9833 5967 Delivery Restricted Delivery yil ❑ Signature Confnnation^ ❑ Signature Confirmation ail Restricted Delivery Restricted Delivery �u (over $500)(over $500) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LM-2018-0049 Region: Asheville County: Cherokee Assessed Entity: Andrews WWTP Permit: NCO020800 ❑ (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. Excessive rain overwhelmed the disinfection equipment. Planned upgrades will prevent future violations. DWR Response: ❑ (c) Whether the violation was inadvertent or a result of an accident: Permfttee States. Samples were collected as required, but errors were made during data entry in eDMR system. Revised data has been submitted via eDMR. DWR Response. ❑ (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 ❑ Original Penalty (without Enforcement Costs) $ q 1,0f) (enter amount) Partial Remission % or $ (amount remitted) Subtotal s V ,00 Retaining Enforcement Costs $ / .1$, 6 $ Total Revised A t $ Culpepper ate James D. Reid, Mayor Steve Jordan, Mayor Pro Tern November 5, 2018 J a. m Ul Qndwwa HV/ .Mafn sic J 9 33ax 121C andware, .RUC 28901 .l hmw. 828-321-3113 9ax. 828-321-4159 BOARD OF ALDERMEN Richelle Phillips Scott Stalcup Michael G. Sheidy Subject: 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. NC0020800 Town of Andrews RECEIVED/DENROWR Andrews WWTP NOV 19 2018 Case No. LM-2018-0049 Cherokee County Water Resources Permitting Section To whom it may concern, The Town of Andrews and the Andrews WWTP formally request remission of the civil penalties levied against the Town of Andrews for the Notice of Violation and Assessment of Civil Penalty, Case #: LM- 2018-0049 for the month of February 2018. Our reasons for this request for remission are based on the following criteria as set forth in the Justification For Remission Request form along with an explanation for each factor: (b) The violator promptly abated continuing environmental damage resulting from the violation; For week three of February 2018, our facility exceeded our Permitted Weekly Geometric Mean for Coliform,Fecal MF, MFC Broth 44.5 C. During this period, our records indicate that we experienced an increase in average flow for a 10 day period. Additionally, our facility was still in the process of upgrades as part of Phase I of the Town of Andrews Wastewater Treatment Plant Capital Improvements project. The need for an automatic flow - proportional feed for our chlorination and dechlorination system was to be a part of these upgrades. At the time of this extreme rain event, the upgrade to our Chlorination/Dechlorination system had not been completed yet, so our operators were still attempting to adjust the feed rate manually. This poses certain difficulties when taking into consideration that it typically takes a day or two to get Fecal Coliform results back from our lab if there is a discrepancy. This is due to the nature of the test itself, and is not the fault of any one party. Under these circumstances there were times when we were not aware that we needed to make an adjustment until late in the next day. By that time we have lost two days in reality. Operators worked to make the proper adjustments to the feed rate as the week passed and were able to resolve the issue. Therefore, this shows that the Town of Andrews WWTP made a good faith effort within its knowledge and capability at the time to promptly abate continuing environmental damage. Our plant had flows well above our rated (and state approved)1.5 MGD capacity for six of the ten aforementioned days, making it impossible to treat more wastewater than our plant was rated to hold. In essence, a fine is being sought for an act of nature that we, at our "rated" capacity could not handle. We did not set this rating, nor were the former town officials or WWTP operators responsible for setting this rating. Therefore, this cannot be placed at the feet of plant operators or Town officials for not meeting an unachievable and impossible standard under the circumstances. It should be noted that the process of upgrading our Chlorination/Dechlorination feed system was completed not long thereafter, and we have showed excellent improvement in this area throughout the duration of 2018. It is also worth mentioning that this was one of the primary areas of concern and focus for the implementation of the Capital Improvement Plan to begin with, and I feel that the Town as well as the Wastewater Plant has went above and beyond in their vision to see this accomplished. (c) The violation was inadvertent...; For the month of February 2018 Notice of Violation and Assessment of Civil Penalty Case #: LM-2018- 0049 there are eight assessment factors listed for "failure to properly monitor". This issue was a simple case of oversight, and was completely inadvertent. At the time of these violations, I was under the assumption that in order to mark a specific date as a holiday I would use the option "holiday" from the drop down menu given within the eDMR online system. The day in question February 19, 2018 was for us a town holiday. When I used the "holiday" option to mark this day as a holiday, I did not know at the time that this would delete any information that was entered into the specific parameter category for that day for all parameters. I have since learned that town holidays are not necessarily state holidays, and are not considered official holidays by the state or the NCDEQ. It was also brought to my attention by Janet Cantwell of the Asheville regional office on 6/21/18 that in order for the eDMR to accurately record my submission into each specific parameter category for a given day that I must ignore the holiday feature so that it will always include the plant "Flow" as set forth in our permit, while manually entering an "H" into each of the given parameter categories. Her willingness to be of assistance, and her knowledge of the eDMR system was immensely helpful to us. I have now returned to our reports within the eDMR system and have made the proper adjustments for the date of 2/19/2018, and have resubmitted the report. Based upon these criteria I feel that our request for remission is justified. The Town of Andrews as well as Wastewater Treatment Operators, and all other entities involved have worked hard to make the vast improvements that have been made. I feel that under the circumstances, which have been well - documented and known to the Town as well as the NCDEQ, and taking into consideration the effort, expense, and willingness during the completion of Phase 1 of our Capital Improvement Plan, it would be both an injustice and a disservice to the Town of Andrews as well as the already hard-pressed taxpayers to seek enforcement of this penalty. Respectfully, Timothy Wood Andrews WWTP-ORC (828)557-8630 wastewaterplant@rew 7and DowSign Envelope ID. A7F1C6D6-9ED7-4CC3-88A1-C908D5C2CD88 JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2018-0049 Assessed Party: Town of Andrews Permit No.: NC0020800 County: Cherokee Amount Assessed: $956.68 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 maybe 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. 14313-282.1(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 andprevent 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: DocuSign Envelope ID: AM C6D6-9ED7-4CC3-88A1 -C906D5C2CD88 STATE OF NORTH CAROLINA 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-2018-0049 Having been assessed civil penalties totaling $956.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 26, 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 C 7Tf 1 day of lld r"&r , 201 Am �.rccz� ADDRESS TELEPHONE pad- ss ;r - zs