HomeMy WebLinkAboutNC0069892_Remission Request (LV-2020-0147)_20200622 (2) The Town of Andrews Water treatment plant had a violation number NOV-2020-OV-001 for the
February-April 2020 DMR because we had a low PH on our discharge water.The ORC at the water plant
was fired at the end of 2019 and myself and the other operators had no idea what parameters were for
discharging into the stream. We made some treatment chemical adjustments in order to keep our
turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that
our water was below the permit standards and we adjusted the PH to keep it between 6-8.We have a
standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and
we won't let this happen again in the future.
Thank you,
Nathan Crubaugh
Town of Andrews ORC
RECEIVED
JUN 2 2 2020
NCDEQIDWWNPDES
DocuSign Envelope ID 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0147 County: Cherokee
Assessed Party: Town of Andrews
Permit No.: NC0069892 Amount Assessed: $337.32
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);
(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);
(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 981E6038-6BA3-4F7A-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 WTP )
)
PERMIT NO.NC0069892 ) CASE NO. LV-2020-0147
Having been assessed civil penalties totaling$337.32 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated,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 \v") day of Wm.Q., ,20
SIGNATURE
RECEIVED
JUN 2 2 2020 ADDRESS
NCDEQ/DWR/NPDES
TELEPHONE
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DocuSign Envelope ID 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3
ATTACHMENT A
Town of Andrews
CASE NUMBER: LV-2020-0147
PERMIT: NC0069892 REGION: Asheville
FACILITY: Andrews WTP COUNTY: Cherokee
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
2/18/2020 2-2020 pH 2 X month su 9 9.9 10.0 Daily $200.00
Maximum
Exceeded