NC0073814_Remission Response(LV-2020-0104 )_20200630

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 25, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6087 - RETURN RECEIPT REQUESTED
Mr. Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: CIVIL PENALTY REMISSION REQUEST
NPDES Permit NCO073814
North Buncombe Elementary WWTP
Case LV-2020-0104
Buncombe County
Dear Mr. Wyatt:
I have considered the information submitted by your organization in support of a request for
remission in the subject case. The generally positive compliance history of the facility, particularly
since 2017, was noted. Therefore, in accordance with NCGS 143-215.6A (f), I have found cause to
remit the original civil penalty assessment by $180.00. Your organization is responsible for
the remaining penalties and enforcement costs, which total $906.45.
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 checks payable to NC DEQ and include the case
numbers on the check[s].
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 recommendations regarding your 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:
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
�.._ North Carolina Department of Environmental Quality 1 Division of Water Resources
Q„S12 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORM
9"Mim0 919.707.9000

NC0073814 Remission Decision
Page 2 of 3
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 requests 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].
Since
S. Daniel Smith, Director
Division of Water Resources
cc: NPDES Files

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to Wu:_
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Buncombe County Schools
Attn: Clark Watt
175 Bingham Road
Asheville, NC 28806
A.
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Agent
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3. Service Type
❑ Adult Signature
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt

DocuSign Envelope ID: 037FF58D-OC90-4587-BE4A-AC67962564F7
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0104 Region: Asheville County: Buncombe
Assessed Entity: North Buncombe Elementary School WWTP Permit: NCO073814
❑ (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: After initial BOD samples showed noncompliance, extra samples were taken; those
were also noncompliant. Checked usage of cleaning supplies at school to make sure proper chemical
and usage were in place. BOD problem eventually traced to excessive chlorine & dechlor dosage.
Lowered dosage of both chemicals while maintaining disinfection. BOD has been compliant since
December 2019.
DWR Response: ARO states that Permittee's response was
✓ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: "Could be considered an accident" due to permittee being unaware that dechlor
could increase BOD.
DWR Response: ARO states that Permittee's response
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: N Buncombe has been compliant since 2017
DWR Response: This facility has been assessed multiple times in the past, most recently in 2017.
✓ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: "Just a general statement that during a worldwide pandemic (Covid-19) and schools
across the country being closed and every available dollar is targeted to educating our children in
these conditions instead of paying civil penalties. "
DWR Response: Proper O&M would have prevented these violations.

DocuSign Envelope ID: 037FF58D-OC90-4587-BE4A-AC67962564F7
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission D/
$950.00
20% or $180.00 (amount remitted)
Subtotal $770.00
Retaining Enforcement Costs $136.45
Total Revised Assessment $906.45
EDocuSigned by:
/x�6/24/2020
8B44CE9EB4A1...
S. Daniel Smith Date
Remission was based on factor (d) only [past compliance history]

RECEIVED
BUNCOMBE
COON T N SCHOOLS
APR 01 2020
March 23, 2020 PREPARING STUDENTS FOR THEIR TOMORROW
-
NCDEQ/DWR/NP_DES
Maintenance Department
Wastewater Branch
175 fingham Rd, Asheville, NC 28806
P:828-232-4244 F:828-732-4249
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Request Remission of Notice of Violation and Assessment of Civil Penalty
Case LV-2020-0104
NPDES Permit NCO073814 Buncombe County Schools
North Buncombe Elementary
Buncombe County
This letter is to respond to the Notice of Violation and Assessment of Civil Penalty letter we
received 3/17/20, dated 3/11/20 attached.
Per the Notice of Violation referenced letter and action required, we request option #2 (Submit
Written Request for Remission).
As outlined in your remission review, we request review the following factors to our case with
the explanations and supporting documents.
(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 assessmentfactors are listed in the
civil penalty assessment document); N/A
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that volt took to correct the violation and preventfuture
occurrences);
• After results of the BOD hit became known, extra samples were collected to attempt
in reducing the monthly average. Some extra sampling resulted in additional BOD
hits. BOD hits were occurring other county school discharge treatment plants at
same time (Fairview Elementary, Leicester Elementary, North Buncombe
Elementary, and Cane Creek Middle School).
• Initially these spikes in BOD were tracking with an unknown drop in dissolved
oxygen levels in the aeration chamber_ The operator would adjust air run times
accordingly to raise the dissolved oxygen levels.
• We contacted school officials to see if cleaning products had changed in recent
weeks. Informed no changes around time of hits.
• We spoke with cleaning product manufacturing producers to see if products could
lead to increase BOD loading. Informed would not if applied correctly with
dispensers in place.
• Due to BOD spikes at all schools and especially at Leicester Elementary School,
which is a only single dose sand filter instead of a extended aeration package plant,
we sampled prior to de -chlorination and after de -chlorination, which showed
elevated BOD levels by multipliers of 10 times in strength.

We immediately lowered the tablet chlorine and tablet dichlorination feed rates to a
minimal rate while still providing adequate bacterial kill and de -chlorination levels.
This change in chemicals had the most BOD compliance success.
• The period from the first non -compliant 50.2 rng/L on 9/4/19 to 3.3 mg/L compliant
on 1 l/14/19 took about four weeks. We did get another non -compliant daily
maximum BOD hit on 12-9-19.
• See exhibit #1, which shows the BOD results since the outbreak occurred in
September 2019 to date with violations in yellow.
(c) the violation was inadvertent or a result of an accident (i.e., explain ivhv the violation
u�as unm-oidahle or something you could not prel,ent or prepare
Could be considered an accident since the BOD spikes occurred during a drop in
dissolved oxygen levels in the aeration came from an unknown source and/or the
requirement to add de -chlorination allowing tablet de -chlorinators using product
that can contribute to BOD loading to be approved. No warning of potential BOD
loading known to date.
(d) the violator had not been assessed civil penalties for any previous violations,
• See exhibit #2 attached which outlines compliance from 2017 to date for Cane Creek Middle
School.
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain hour pc{vntent gf the civil penalty brill prevent yotr from perforrning the
activities necessary to achieve compliance).
• Just a general statement that during a worldwide pandemic (Covid-19) and
schools across the country being closed and every available dollar is targeted
to educating our children in these conditions instead of paying civil penalties.
I trust you it consider all factors in reviewing this remission request.
Please c if ou h e any questions.
Clark yatt
Buncombe County Schools
Maintenance Department - Director
Cc: File
Mr. Landon Davidson
North Carolina Department of
Environmental Health and Natural Resources
Water Quality Section
2090 U.S. Highway 70
Swannanoa, NC 28778

DocuSign Envelope ID; D04D6034-2A87-4oE2.8060.646ED16FOADO
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } AIDIVW.USTRATIVE HEARING AND
STIPULATION OF FACTS
Buncombe County Schools }
Cane Creek Elementary School )
PERMIT NO. NCO073814 ) CASE NO. LV 2020-0244
Having been assessed civil penalties totaling WK4 for violation(s) asset forth in the assessment document of the
Division of Water Resources dated: archj,111020. 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 with' hirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allo r (30) days from the receipt of the
notice of assessment.
This the 23 day of March_,.____ 20 20
SIGNA
ADDRESS
Buncombe County Schools
[a] Mine MIUMM
175 Bingham Road
Ashevilie.N CC. 28806
TELEPHONE
1821- 232-4244
RECEIVED
APR 01 2020
NCDEQ/DWPJNPDES

DocuSign Envelope ID: D04D60342AB7-40E2-6060-& SED16FOAD0
Case Number: LV-2020-0104 County: Buncombe
Assessed Party: Buncombe County Schools
Permit No.: NCO073814 Amount Assessed: AS,
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. § 1433-282.1(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. 14313-2$2.1(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 msult. rig from the violation (i.e., explain the
steps that you took to correct the violation. and prevent future occurrences),
X— (c) the violation was inadvertent or a result of an accident (i.e., explain Khy the violation was unavoidable or
something you could not prevent or prepare for);
L (d) the violator had not been assessed civil penalties for any previous violations;
/ti (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: + { -4' / -1 r .
RECEIVED
APR 01 2020
NCDEQ/DWR/NPDES

2017-2020
Facility I NBES INCO073814
BOD NH3N TSS Fecal
2017
jDailyMax
MoAvg
I Daily Max
Mo Avg
I Daily Max
I Mo Avg
Daily Max
Mo Avg
Jan
99.3
37.56
1 6
3.6
j 3.2
1 1.22
1 0
I 1
Feb
15.1
9.5
3.8
3.2
4.3
1.92
0
1
Mar
9.9
3.5
2.8
1.4
6.4
2.4
25
4.16
April
13.3
7
0.67
0.31
10.5
4.02
0
1
May
6.2
3.6
2
0.72
8
3.7
1
1
Jun
9.5
9.5
0.3
0.3
0.0
0.0
0.0
1.0
Jul
no flow
no flow
no flow
no flow
no flow
no flow
no flow
no flow
Aug
7.1
7.1
0.2
0.2
0
0
0
1
Sept
31.5
19.1
1.6
1.1 j
16
4 1
19
2.08
Oct
20.6
12.5
0.4
0.3
14.1
7.5
0.0
1.0
Nov
16.2
9.16
2.9
1.51
19.3
5.36
0
1
Dec
55.9
21.4
0.9
0.5
5.8
3.6
0.0
1.0
ermit Limi
45
30
35*
7.4*
45
30
45
30
BOO NH3N TSS Fecal
2018
Daily Max
Mo Avg
Daily Max
Mo Avg
Daily Max
Mo Avg
I Daily MaxI
Mo Avg
Jan
18.5
6.96
1.5
1.4
1.94
1.84
0
1
Feb
21.5
7.85
3.3
2.45
0
0
240
3.9
Mar
2.8
0.7
4.4
2.38
0
0
0
1
April
23.8
10.9
1.3
0.68
12.6
3.15
0
1
May
13.7
3.3
1.9
0.96
5.8
2.1
0
1
Jun
36.0
18.0
2.1
1.1
0.0
0.0
0.0
j 1.0
Jul
no flow
no flow
no flow
no flow
no flow
no flow
no flow
I no flow
Aug
0
0
0.64
0.64
5.3
5.3
0
1
Sept
38.1
14.82
0.26
0.13
5.9
1.47
1
i
3.8
1.4
2.2
0.8
17.6
3.5
10
1.0
IDec
4.5
1.12
2.6
2.45
5.4
4.77
1
1
0.0
0.0
6.4
4.8
5.6
5.1
0.0
1.0
ermit Limi
45
30 1
35*
7.4*
45
30
400
200
BOD NH3N TSS Fecal
2018
Daily Max
1. Mo Avg
Daily Max
Mo Avg
jDailyMaxj
Mo Avg
I Daily Max
Mo Avg
Jan
36.1
9.8
4.7
3
1 7.1
5.6
0
1
Feb
11.6
3.9
5.4
3.13
1 3.4
0.85
0
1
Mar
12.7
6.35
15.7
9.4
7.2
4.95
0
1 1
April
39.2
10.26
7.8
4.05
6.9
3.84
7
1.43
May
44.3
23.97
7
4.4
24.2
10.27
0
1
Jun
81.7
24.2
4.3
1.1
8.1
3.8
0.0
1.0
Jul
no flow
no flow
no flow
no flow
no flow
no flow
no flow
no flow
Aug
3
1
1.9
1.41
4.7
2.35
0
1
Sept
110
42.45
1
0.63
5.5
4
0
1
Oct
10.7
8.0
6.4
2.4
24.4
15.6
1.0
1.0
Nov
76.2
54.27
0.27
0.13
24
8
0
1
Dec
69.7
22.7
1.5
0.8
6.0
1.9
3.0
1.2
ermit Limi
45
30
35*
7.4*
45
30
400
200
BOD NH3N TSS Feral

Exhibit #1
BOD Results November 2019 to March 2020
North Buncombe Elementary NC0073814
NBES
4-Nov
14
12-Nov
76.2
19-Nov
61
25-Novj
66.9
AVG
54.525
NBES
3-Dec
37.7
12-Dec
69.7
19-Dec
19.4
20-Dec
9.3
23-Dec
<2
30-Dec
<2
AVG
22.6
NBES
9-Jan
19.5
14-Jan
9.9
21-Jan
12.5
28-Jan
6.3
AVG
12.05
NBES
4-Feb
12.3
11-Feb
9.4
18-Feb
3.4
25-Feb
8
AVG
8.275
NBES
3-Mar
9-Mar
AVG