NC0086436_Compliance (LV-2020-0106 response)_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
Cane Creek School WWTP
Permit NC0086436
Case LV-2020-0106
Buncombe County
Dear Mr. Wyatt:
I have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-21 I have found case
to remit the
original civil penalty assessment which to s $886.45. �"�a
,,
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check[s] payable to NC DEQ.
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:
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.
W:�j North Carolina Department of Environmental Quality I Division of Water Resources
_ K 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
`�°'�'"°�"�00��� 919.707.90OBorth Carolina

NCO086436 Remission Decision
Page 2 of 3
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].
Sincerely,
�rS. Daniel Smith
Director, Division of Water Resources
cc: NPDES file
C� items 1, 2, and 3.
■ Print your name and address onlie reverse
so that we can return the card io )PUS
o• ttac this card o the
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ont if
Buncombe County Schools
Attn: Clark Watt
175 Bingham Road
Asheville, NC 28806
3, Service Type
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❑ Registered Mail Restricted
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❑ Return ReceiPtfor
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❑ signature Confirmation'"'
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt

DocuSign Envelope ID: 02B388B1 -C1 EC-4A1 B-B40C-A68F78F8DC1 7
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0106 Region: Asheville County: Buncombe
Assessed Entity: Cane Creek Elementary School WWTP Permit: NCO086436
❑ (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 Pennittee's response was
V (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 Pennittee's response
, (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: "Cane Creek Middle School" (sic) has been compliant since 2017.
DWR Response: This facility has been assessed multiple times in the past and was assessed earlier in
2020 for this same issue (case LV-2020-0040).
v
(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: 02B388B1-C1EC-4A1B-B40C-A68F78FBDC17
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 ❑
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$750.00
0% or $ (amount remitted)
DoouSigned by:
8328644CE9E84A1...
S. Daniel Smith
$750.00
$136.45
$886.45
6/24/2020
Date

0 BUNCOMBE
COUNTY SCHOUL-S
March 23, 2020 PREPARING STUDENTS FOR THEIR TOMORROW
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-161 7
RECEIVED
APR 0 12020
WDEWWR/NPDES
Maintenance Department
175 Bingham Rd., Asheville, NC 28806
P:828-232-42441 F:828-232.4249
Re: Request Remission of Notice of Violation and Assessment of Civil Penalty
Case LV-2020-0106
NPDES Permit NCO086436 Buncombe County Schools
Cane Creek School
Buncombe County
This letter is to respond to the Notice of Violation and Assessment of Civil Penalty letter we
received 3/17/20, dated 3/12/20 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. 143E-282. I(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors or-e listed in the
civil penatyh- as.sessrnew document); :V A
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e.. explain the steps that you took to correcl the riolation and prerent future
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 mg/L on 9/4/19 to 3.3 mg/L compliant
on 1 1/14/19 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.
4) the violation was inadvertent or a result of an accident (i.e.. explain ii by the violation
tras iintn•nitlahle or something you could not prevent or prepare fo ):
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 92 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 hoer pm nrent of the civil penalty gill prevent you fi-om performing the
activilies necesstnv 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 i consider all factors in reviewing this remission request.
Pleau have y questions.
Clary
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. Hiahwav 70
Swannanoa. NC 28778

DocuSIgn Envelope ID: D04D6D34-2AB7-40E2-8060-WED16FOADO
,li t1STiT1�A.T�O1�C 1lrUll� .l�l�t:��[?i� �i1��T
Case Number: LV-2020-0106 County: Buncombe
Assessed Party: Buncombe County Schools
Perinit No.: NCW86436 Amount Assessed: 886 5
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. § 143 B-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);
X' (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:.
L4r: il 4- �- ck 31 S 1, Z
RECEIVED
APR `0 12020
NCDEQ/DWR/NPDES

Docuftn Envelope iD: D04D6D34-2A67-40E2-8060-645ED16FOADO
ATTACHMENT A -
Buncombe County Schools
CASE NUMBER: LV-2020-0106
PERMIT: NCOOSS436 REGION: Asheville
FACILITY: Cans Creek Elementary School COUNTY: Buncombe
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall Oat - Effluent
Violation Report Unit of Limit Calculated %Oyer Violation Penalty
Date Montti/Yr Parameter Frequency Measure Value Value Limit Type Amount
1114/2019 11 2019 BOD, 5-Day (20 Deg. Weekly mo/I 45 84 867 Daily $200.00
C) - Concentration Maximum
Exceeded
11/12/2019 11-2019 BOD, 5-Day (20 Deg. Weekly mg/l 45 76 66.9 Daily $200.00
C) - Concentration Maximum
Exceeded
11/25/2019 11-2019 BOD, 5-Day (20 Deg. Weekly molt 45 47 4.4 Daily $0.00
C) - Concentration Maximum
Exceeded
11/30/2019 11-2019 BOD, 5-Day (20 Deg. Weekly
C) - Concentration

Docu&ign Envelope iD: D04D6034-2A87-4OE2-8060.645ED16FOADO
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 ) ADMINISTRATIVE BEARING AND
STEPULATION OF FACTS
Buncombe County Schools )
Cane Creek Elementary School )
PERMIT NO. NCO086436 ) CASE NO. LV-2020-0106
Having been assessed civil penalties totaling - 99!!j5 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Ma gk.11 . 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 23 day of
SIGNA
ADDRESS
2020
Buncombe County Schools
-Clack Matt- it
175 Bingham Road
Asheville, N.C. 28806
TELEPHONE
828-232-4244
RECEIVED
APR 01 2020
NCDEQIDWRINPDES

EXHIBIT 2
2017-2020
Facility I Cane Creek INCO086436
SOD NH3N TSS Fecal
2017
jDallyMaxj
Mo Avg
jDailyMaxj
Mo Avg
I Daily Max
Mo Avg
jDailyMaxI
Mo Avg
Jan
1 61.9
1 23.5
4.3
1 3.4
1 4.3
1 0.86
1 Z
1 1.14
Feb
20.5
12.1
3.7
2.75
1 0
1 0
1 1
1
Mar
1 56.4
21.1
4
1 3.4
2.7
1 0.675
1 0
1
April
5.5
3.5
5.2
1 2.6
0
0
0
2
May
9.1
4.28
3
2.1
2.8
5.6
1 6
1.64
Jun
1 42.4
19.0
3.7
1 2.0
4.0
2.0
8.0
2.8
Jul
no flow
no flow
no flow
no flow
no flow
no flow
no flow
no flow
Aug
1 7.3
7.3
0.64
0.64
0
0
4
4
Sept
31
21.9
0.3
0.29
0
0
6 1
1.56
Oct
23.6
13.2
0.4
0.4
0.0
0.0
1.0 1
1.0
Nov
56.7
21.2
0.84
0.6
2.8
5.6
1
1
Dec
3.0
1.0
2.7
1.8
3.0
1.0
1.0
1.0
ermitLimi
45
30
45
30
45
30
SOD NH3N TSS Fecal
2018
Daily Max
Mo Avg
Daily Max
Mo Avg
DailyMaxj
Mo Avg
jDaifyMax
Mo Avg
Jan
23.3
4.66
1.2
0.755
5.3
2.46
j 22
3.05
Feb
15
7.5
2.4
2.1
0
0
3
1.18
Mar
57
25.4
1.7
1.6
4
1.77
1
1
April
2.1
0.5
1.9
1.6
0
0
46
3.09
May
81.1
26.93
5.4
4.2
1 0
0
2
1.14
Jun
3.8
1.9
2.7
2.7
3.5
1.8
1.0
1.0
Jul
no flow
no flow
no flow
no flow
no flow
no flaw
no flow
no flow
Aug
0
0
0
0
0
0
0
1
Sept j
56.3
17.75 1
0.15
0.075
8.4
5.45
0
1
Oct
20.2
8.6
0.5
0.4
3.0
0.6
5.0
1.4
Nov
18.6
4.65
1.2
1.1
19
6.27
7
1.83
Dec
0.0
0.0
1.2
0.6
5.6
2.8
0.0
1.0
ermitLimi
45 1
30
45
30 1
400
200
SOD NH3N TSS Fecal
2019
1 Daily MaxI
Mo Avg
Daily Max
Mo Avg
I Daily MaxI
Mo Avg
I Daily Max
Mo Avg
Jan
1 38.5
11.38
0.94
0.83
1 6.3
4.35
1 2
1 1.14
Feb
23.1
5.7
3.3
1.95
3.2
0.8
0
1
Mar
15
9
0.44
0.22
8
2
0
1
April
70.8
43.3
2.6
1.95
12
5.34
0
1 1
May
45.6
19.9
2.8
1.47
4.4
1.92
0
1
Jun
60.7
17.8
0.1
0.1
5.2
3.2
0.0
1.0
Jul
no flow
no flow
no flow
no flow
no flow
no flow
no flow
no flow
Aug
8.1
1.62
1.3
0.71
3.2
1.6
1
1
Sept 1
50.2
27.8
1.2
0.76
5
3
127
19.55
Oct
41.3
10.0
1.3
1.0
7.1
2.2
132.0
4.8
Nov
84
40.25
2.5
1.39
10.2
3.2
2
1.18
Dec
52.1
15.4
1.7
1.1
11.2
5.4
1.0
1.0
1
ermitLimi
45
30
45
30
400
200
SOD NH3N TSS Fecal

Exhibit #1
BOD Results Sept 2019 to March 2020
Cane Creek MS N00086436
Cane
I
Cane
Cane
Cane
I
ane
Cane
Icane
4-Sep
50.2
1-Oct
4.7
4-Nov
84
2-Dec
2.9
6-Jan
6.5
4-Feb
2.7
2-Mar
<2
10-Sep
4.8
7-Octj
3.8
j 12-Novj
76
1 9-Decl
52.1
1 14-Janj
2.2
10-Feb
5.1
9-Marl
12.3
16-Sep
32
14-Oct
<2
1 14-Novl
3.3
17-Dec
27.5
21-Jan
5.2
18-Feb
2.7
23-Sep
24.2
21-Oct
41.3
16-Nov
24.9
20-Dec
7.8
28-Jan
5.7
24-Feb
4.3
28-Oct
<2
20-Nov
6.3
23-Dec
2.2
25-Nov
47
30-Dec
<2
AVG
27.8
AVG
16.6
AVG
40.25
AVG
18.5
AVG
4.90
AVG
3.70
AVG
12.30