NC0023981_Remission Request LV-2020-0300_20201125

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COY MANS CITY OF LENOIR MAYOR
SCOTT E.HILDEBRAN JOSEPH L.GIBBONS
NORTH CAROLINA CITY COUNCIL
J.T.BEAL
T.H.PERDUE
1.I.PERKINS
R.S.PRCSTWOOD
D.F.STEVENS
C.D.THOMAS
B.K.WILLIS
November 12, 2020
Mr. Daniel Boss,Assistant Regional Supervisor RECEIVED
Water Quality Regional Operations Section NOV 2 5 2020
Asheville Regional Office
Division of Water Resources,NCDEQ NCDEQIDWRPDES
''.
2090 U.S. 70 Highway
Swannanoa,NC 28778-8211
Subject: REQUEST FOR REMISSION OR MITIGATION
OF CIVIL PENALITES
Notice of Violation and Assessment of Civil Penalties
For Violations of NC General Statute(G.S.) 143-215.1(a)(6)
And NPDES WW Permit No.NC0023981
City of Lenoir
Case No. LV-2020-0300
Caldwell County
Dear Mr. Boss,
The City of Lenoir respectfully requests remission of the civil penalties and enforcement costs in the
amount of$3,537.32 for the NOV and Assessment of Civil Penalties dated October 23, 2020 and
referenced above. The request is made under the provisions in NCGS 143B-282.1(c).
At the Lower Creek Wastewater Treatment Facility a daily effluent TSS was exceeded on May 21,2020
with a result of 920 mg/l. This caused the weekly effluent TSS average of 45 mg/I to be exceeded for the
week of May 17-23.
The cause of the TSS violation was due to the return sludge pump becoming stopped up for several hours
overnight due to heavy rains and high flows. Heavy rainfall was recorded on May 19—May 23 totaling
4.26 inches (a copy of the National Weather Service Climatological Data for May 2020 in Lenoir is
attached). The flows at the plant were 3.25 MGD on May 20`h and 5.92 MGD on May 21 S(. High flows
cause heavy debris to come in to the plant. The plant does not have a backup return pump and therefore
when maintenance issues arise with that single pump, plant performance issues may sometimes occur. At
some point during the night of May 20`h and into the morning hours of May 21S` , the stopped up return
pump caused the sludge to flow over the clarifier weirs and into the chlorine contact basin and be picked
POST OFFICE BOX 958 • LENOIR, NORTH CAROLINA 28645-0958 ° [phone]

up into the automatic sampler at the effluent which was the sample that was collected for analysis. By
8:00 am on Thursday morning May 21",before the composite sample was collected at 10:50 am, ORC
Donnie Hawkins corrected the problem by reversing the pump several times, cleaned out the debris and
adjusted the valves in order to restart the return pump to run normally.As soon as the pump was
unclogged the sludge was no longer going over the weir and into the chlorine contact basin. The effluent
returned to normal.
Plant operations staff, in understanding that there is only one return sludge pump, have been advised to
more closely monitor the return sludge pump, especially during high rain events,to ensure that if it does
become clogged they would be able to remedy the situation by reversing the pump to sling out the
clogged debris and thus return to normal pumping. If this procedure is not effective, operators are to
immediately contact the ORC and maintenance staff to respond.
The TSS results for the days in May prior to and after May 21'were within permit limits. That one high
result caused the weekly violation and thus the monthly violation.
For future corrective action, all of the operators have been advised to keep a more watchful eye on the
plant and the sludge return pump especially during heavy rain events.
Your consideration is greatly appreciated.
Sincerely, )/
Radford L. Thomas
Director of Public Utilities
Cc: Attn: Wastewater Branch
Division of Water Resources
1617 Mail Services Center
Raleigh,NC 27699-1617
Mr. Scott Hildebran—Lenoir City Manager
Mr.Tim Heim—Ashville Regional Office

DocuSign Envelope ID:055A4660-50CA-4176-867F-739CAA4A6FC8
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0300 County: Caldwell
Assessed Party: City of Lenoir
Permit No.: NC0023981 Amount Assessed: $3,537.32
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);
X (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: /��QeJ4 cd1'i

Justification for Remission Request
Explanation of Factors:
(b) The stopped up return pump caused the sludge to flow over the clarifier weirs and into the
chlorine contact basin and be picked up into the automatic sampler at the effluent which was the
sample that was collected for analysis. By 8:00 am on Thursday morning May 21st, before the
composite sample was collected at 10:50 am, ORC Donnie Hawkins corrected the problem by
reversing the pump several times, cleaned out the debris and adjusted the valves in order to
restart the return pump to run normally. As soon as the pump was unclogged the sludge was no
longer going over the weir and into the chlorine contact basin. The effluent returned to normal.
Plant operations staff, in understanding that there is only one return sludge pump, have been
advised to more closely monitor the return sludge pump, especially during high rain events,to
ensure that if it does become clogged they would be able to remedy the situation by reversing the
pump to sling out the clogged debris and thus return to normal pumping. If this procedure is not
effective, operators are to immediately contact the ORC and maintenance staff to respond. For
future corrective action, all of the operators have been advised to keep a more watchful eye on
the plant and the sludge return pump especially during heavy rain events.
(c) The cause of the TSS violation was due to the return sludge pump becoming stopped up for
several hours overnight due to heavy rains and high flows. Heavy rainfall was recorded on May
19—May 23 totaling 4.26 inches (a copy of the National Weather Service Climatological Data
for May 2020 in Lenoir is attached). The flows at the plant were 3.25 MGD on May 20th and
5.92 MGD on May 21 st. High flows cause heavy debris to come in to the plant. The plant does
not have a backup return pump and therefore when maintenance issues arise with that single
pump,plant performance issues may sometimes occur. The TSS results for the days in May
prior to and after May 21 si were within permit limits. That one high result caused the weekly
violation and thus the monthly violation.

DocuSign Envelope ID:055A466D-50CA-4176-867F-739CAA4A6FC8
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Lenoir )
Lower Creek WWTP )
PERMIT NO.NC0023981 ) CASE NO. LV-2020-0300
Having been assessed civil penalties totaling$3,537.32 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 23, 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 day of AZ2/."r , 20 x©
SIGNATURE
ADDRESS
RECEIVED
NOV 2 5 1010 ° c'ii—
NCDEQIDWRINPDES A v, 3157:: 95,'
IL L,•. iI/i:- 2 t36 yS
TELEPHONE
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