NC0039578_compliance_20200206

NORTH CAROLINA
EnWroa tentat Quality
February 6, 2020
ROY COOPER
MICHAEL S. REGAN
S. DANIEL SMITH
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6001- RETURN RECEIPT REQUESTED
Mr. Stan Bryson
Tuckaseigee Water & Sewer Authority
1246 W Main St
Sylva, NC 28779
SUBJECT: CIVIL PENALTY REMISSION REQUEST
TWSA Plant #1
NPDES Permit NCO039578
Case LV-2019-0346
Jackson County
Dear Mr. Bryson:
I have considered the information submitted by your municipality in support of a request for
remission in the subject case. The prompt abatement of the fecal coliform violations at your
facility has resulted in compliance with those effluent limits. Therefore, in accordance with NCGS
143-215.6A (0, I have found cause to remit the original civil penalty assessments by $200.00.
The Town of Andrews is responsible for the remaining penalties and enforcement costs, which
total $325.47.
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 j Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-3616

NC0039578 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 [phone] or [e-mail].
Sincere ,
S. Daniel Smith, Director
Division of Water Resources
cc_ NPDES Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2019-0346 Region: Asheville. County: Jackson
Assessed Entity: TWSA Plant #1 Permit: NCO039578
❑ (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
rom the violation:
Permittee States: Staff worked longer hours during facility repairs.
DWR Response:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Sludge settled below the level of diffusers in SBR # 1. Two separate chlorine leaks
were discovered while repairs to SBR #1 were underway.
DWR Response: one other Fecal Coliform violation occurred in October 2019. Facility has bene
compliant since then.
;a_ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permidee States: Facility has a long history of compliance.
DWR Response: Penalties have been assessed against this facility on 14 previous occasions, though
none have been assessed since December 2005.
❑ (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? YesX No ❑
Original Penalty (without Enforcement Costs) $ (enter amount)
Partial Remission %'70 or $ Ud, 66 (amount remitted)
Subtotal $ 206, Ob
Retaining Enforcement Costs $ 125. 417_
Total Revised Ass nt $_ z�
C
aniel Smith Date