NC0020800_LV-2020-0145_20200618

DocuSign Envelope ID 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3
JUSTIFICATION FOR REMISSION REQUEST RECEIVED
JUN 18 2020
Case Number: LV-2020-0145 County: Cherokee NCDEQiDWR/NPDES
Assessed Party: Town of Andrews
Permit No.: NC0020800 Amount Assessed: $1,637.32
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);
c (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);
V (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:
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DocuSign Envelope ID.981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3
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.NC0020800 ) CASE NO. LV-2020-0145
Having been assessed civil penalties totaling$1,637.32 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 04,2020,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 i to day of XN e_ ,20 .2c
SIGNATURE
RECEI\/ D ADDRESS
JUN 18 2020 1 w,v o/An dre-u wW rP
NCDEQ/DWR/t4rOES y6S/A'eaja-i give,
41i-d/rPws, NC
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RECEIVED
JUN 18 2020
Justification for Remission Request
NCDEQIDWRINPDES
RE: LV-2020-0145
The Town of Andrews formally requests remission of the civil penalties associated with Case#: LV-2020-
0145 for the month of January, 2020.This request is based upon factors (b)and (c) listed in the
Justification for Remission Request form.
In relation to factor(b) and (c)the Town of Andrews WWTP experienced extremely higher than usual
flows for the last part of December 2019 and throughout most of the month of January 2020. There
were several days in this timeframe that exceeded the daily permitted limit of the plant. This caused a
hardship for the facility in being able to adequately treat the wastewater in our contact basin due to
short-circuiting. It was an issue that operators contended with for the duration of the month in having
to attempt to continually adjust chlorine levels to meet the demand. Although this course of action was
taken, it was not always effective considering that a primary design flaw—that was formerly approved
by the state and DEQ I might add—creates a situation where if the amount of wastewater flowing
through the plant exceeds the holding capacity of the inner walls of the contact basin there is no
legitimate way to prevent short-circuiting, which happened on several occasions throughout the month.
Under the circumstances it is notable to realize that without remedial actions taken by the operators, it
could have affected the fecal coliform numbers for the whole month instead of just 7 or 8 days.Taking
into consideration this reality, it is clear that the "violators" put forth their best good-faith effort to
minimize and remediate the situation, and additionally that the violation itself was inadvertent as it
relates to the actions of the Town of Andrews and their wastewater treatment plant.
The Town of Andrews has worked, and continues to work diligently in being proactive and improving the
aging infrastructure of our wastewater treatment facility as is evident not only by our recent capital
improvements, but also in the procuring of funding to make further improvements to our wastewater
treatment despite these hard economic times that many small towns across our nation are
experiencing. Therefore,the Town of Andrews respectfully requests remission of the noted violations
for Case#: LV-2020-0145, either all or in part.Thank you.
Timothy Wood
Andrews WWTP-O.R.0
Andrews, NC
[e-mail]
(828)-557-8630