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Home My WebLink AboutNC0057151_Remission Request LV-2020-0312_20201201 John L Chandler . Off' 1444 Mayor .1.�: Nicholas A.Honeycutt �' Vice-Mayor r• i Robert W.Zink • Town Mr� i11 "' of 7irasuirr 4 £ ' am A L olley J S. Stuart clerk fj�'�Oral �� Larry H.Davis ,Secirvtaiy November 19,2020 NC Division of Water Resources SENT BY CERTIFIED U.S.MAIL Wastewater Branch 1617 Mail Service Center RECEIVED Raleigh,NC 27699-1617 E V DEC 01 2020 RE: REQUEST FOR REMISSION OF CIVIL PENALTIES NOTICE OF VIOLATION—CASE NO.LV-2020-0312 NCDEQIDWRINPDES TOWN OF MARS HILL—MARS HILL WWTP(PERMIT NO.NC0057151) MADISON COUNTY Dear Director: Please be advised that this letter and enclosed documentation is in response to the Notice of Violation and Assessment of Civil Penalty issued to the Town of Mars Hill pursuant to the letter from Daniel Boss,Assistant Regional Supervisor,NCDEQ-DWR,Asheville Regional Office,dated October 21,2020. The Town of Mars Hill respectfully requests consideration of remission of the civil penalties assessed by the Division and provides information herewith, including your form"Justification for Remission Request,"as evidence in support of this request. In regard to the limit exceedance of BOTH the May 23,2020 weekly average AND the May 31, 2020 monthly average for concentration of ammonia nitrogen,this occurred limit exceedance was due to the malfunction of an aeration blower occurring during the weekend of May 16,2020. This WWTP is a grade II facility,and therefore the malfunctioning aeration blower was not discovered until the morning of Monday,May 19,2020. With only one(1)functioning blower,the result was a low dissolved oxygen level in aeration. The malfunctioning equipment was replaced immediately upon discovery with a new aeration blower. However, in sufficient time did not elapse for ammonia nitrogen levels to return to a normal range before the scheduled weekly composite sampling event the immediately following Tuesday, May 19,2020 resulting in the noted high level for ammonia nitrogen on that date. This one elevated sample raised both the weekly average, and the overall average for the month of May in excess of the permitted limit. I have enclosed,herewith,the laboratory results from the period immediately prior to and after this May 19 sample for your information and review. These third-party laboratory results show a history of ammonia nitrogen levels much lower than the permitted limit of 6 mg/l. The results for the May 5 and Mars Hill Town Hall 280 North Main Street • P.O.Box 368 Mars Hill,North Carolina 28754 Phone: (828)689-2301 • Fax: (828)689-3333 www.townofmarshill.org Page 2 Letter—Request for Remission of Civil Penalties Town of Mars Hill—WWTP November 19,2020 May 12,2020 sampling event were each 0.2 mg/1. The result for the May 26,2020 sampling event was had returned to the normal range with a 0.3 mg/I result. This was the weekly sample immediately following the outlier sample noted in the violation notice taken on May 19,2020. Other sampling results after the outlier are as follows: June 2—0.1 mg/I,June 9—0.1 mg/I,June 16—<0.1 mg/1,June 23—0.2, and June 30—0.2. Laboratory results for the following months to present continue these low range results. This is evidence that the single weekly result of the subject weekly violation limit is an outlier event and does not reflect the diligent and efficient management of the Mars Hill WWTP. The outlier event was the result of an equipment failure that was unknown to the ORC or other WWTP staff prior to the failure and was immediately corrected upon discovery as evidenced by the return to normal levels as reported prior to,after,and continuing since the violation date. To reiterate,the single elevated sample result from May 19,2020, skewed the entire May 2020 monthly average to result in that excess limit noted in the notice. As noted herein,the Town of Mars Hill took quick and decisive action to address the failure of equipment as the direct cause of the elevated levels noted in the subject notice. The Town does not deny the validity of those laboratory results and take full responsibility for them. However,the Town's record of excellent stewardship and reporting well within our permitted limitations,together with the expedient actions to abate and resolve the situation,deserves favorable consideration of remission of the civil penalties referenced in the notice. Please review the information provided as justification in your determination to approve our request for the remission of the assessed civil penalty. Please contact me should you have any questions or require additional information. Sincerely, .2145f)/e&40 NATHAN R. BENNETT, Town Manager Enclosures as stated cc: Daniel Boss,NCDEQ-Division of Water Resources,Asheville Regional Office(by e-mail) JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0312 County: Madison Assessed Party: Town of Mars Hill Permit No.: NC0057151 Amount Assessed: $1,682.31 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. I43B-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); X (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: Please see attached letter,dated November 19,2020,for a full explanation and additional information supporting this request. (b.) Factor(b)applies as justification to this case,in that,the Town of Mars Hill promptly and effectively abated any environmental damage resulting from this subject violation. Evidence to support this claim includes that Town of Mars Hill staff immediately upon discovery of the failure of the aeration blower,replaced the subject blower with a new blower to return aeration to normal operation. It is believed that the elevated ammonia nitrogen level occurred for a very short duration prior to discovery of the equipment failure, and was returning to normal limits after the subject sampling event as evidence by subsequent laboratory test results. The Town maintains spare equipment in the event of an unexpected failure of service equipment. Furthermore,regular inspections of equipment are performed to ensure potential equipment issues are discovered sooner and resolved before equipment can fail while in service. (c.) Factor(c)applies as justification to this case,in that,the violation was inadvertent or a result of an accident. The exceeded limit of ammonia nitrogen for the sample week ending May 23,2020,occurred due to the unknown and unexpected failure of an aeration blower resulting in low dissolved oxygen level. The equipment failure occurred during the weekend when the WWTP is not staffed as it is a Level II plant. The equipment failure was discovered immediately upon return of staff on Monday morning and repaired. Levels returned to normal with the next weekly sampling event and have continued since that time with no additional issues. (d.) Factor(d)applies as justification to this case,in that,the Town of Mars Hill has not been assessed civil penalties for any previous violations. The efficient and effective operation of the WWTP is a serious endeavor that the Town of Mars Hill takes great care to ensure. Efforts are made to address regular maintenance of the WWTP and associated equipment to accomplish safe,lawful operation of the facility. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MADISON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Mars Hill 1 Mars Hill WWTP ) PERMIT NO. NC0057151 ) CASE NO. LV-2020-0312 Having been assessed civil penalties totaling$1,682.31 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 21, 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 19th day of November , 20 20 27,ses p SIGNATURE ADDRESS RECENED DECO 1 1020 Town of Mars Hill NCDEQ10WRINPDES PO Box 368 Mars Hill,NC 28754-0368 TELEPHONE (828) 689-2301 A Earth Earth Environmental 75 Bison Lane Y' Environmental Murphy, NC 28906 Services 828-837-9543(office) N1tirph;NC 828-644-4835(lab) Lab ID#352 • Name and Address of Facility Report Date 6/5/2020 Town of Mars Hill WWTP Date and Time Received 5/5/2020 11:55 AM P.O. Box 368 Date and Time Sampled 5/5/2020 10:14&10:20AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 261 9.5 10.14/10:20AM 2.0 mg/L SM5210B 5/6/20 MB TOTAL SUSPENDED RESIDUE 270 <2.5 10:14/10:20AM 2.5 mg/L SM2540D 5/6/20 MB FECAL COLIFORM <3 10:20 AM 3 per 100 ml SM9222D 5/5/20 JCB AMMONIA NITROGEN 0.2 10:20 AM 0.1 mg/L SM4500NH3F 5/6/20 MB NITROGEN,TOTAL 1.25 mg/L 351.2/353.2 PHOSPHOROUS,TOTAL 0.020 mg/L SM4500 P-F Lab Supervisor:Wanda G. Ladd; EES-Murphy Certified By: • • �` `j� Earth Environmental 1 75 Bison Lane • Environmental ental Murphy, NC 28906 vices 828-837-9543(office) ,.,d Murph);NC 828-644-4835(lab) Lab ID#352 Name and Address of Facility Report Date 6/5/2020 Town of Mars Hill WWTP Date and Time Received 5/12/2020 12:45 PM P.O. Box 368 Date and Time Sampled 5/12/2020 10:02&10:07 AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 365 9.4 10:02/10:07AM 2.0 mg/L SM521OB 5/13/20 MB TOTAL SUSPENDED RESIDUE 374.3 <2.5 10:02/10:07AM 2.5 mg/L SM2540D 5/13/20 MB FECAL COLIFORM 3 10:07 AM 3 per 100 ml SM9222D 5/12/20 JCB AMMONIA NITROGEN 0.2 10:07 AM 0.1 mg/L SM4500NH3F 5/13/20 MB Lab Supervisor:Wanda G. Ladd; EES- Murphy Certified By: •\ EarthEarth Environmental t 75 Bison Lane \ Environmental Murphy,NC 28906 'o„ ' ' Services 828-837-9543(office) m"r'I'�' c' 828-644-4835(lab) Lab ID#352 Name and Address of Facility Report Date 6/5/2020 Town of Mars Hill WWTP Date and Time Received 5/19/2020 1:05 PM P.O. Box 368 Date and Time Sampled 5/19/2020 10:20&10:25AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 433 22.4 10:20/10:25 AM 2.0 mg/L SM5210B 5/20/20 SK TOTAL SUSPENDED RESIDUE 296 13.2 10:20/10:25 AM 2.5 mg/L SM2540D 5/20/20 SK FECAL COLIFORM <3 10:25 AM 3 per 100 ml SM9222D 5/19/20 JCB AMMONIA NITROGEN 30 10:25 AM 0.1 mg/L SM4500NH3F 5/29/20 MB Lab Supervisor:Wanda G. Ladd; EES-Murphy Certified By: ;'' Earth Environmental Earth 75 Bison Lane ''`• EnvironmentalMurphy, NC 28906 • ',; � Services 828 837 9543(office) `, N'Iuq is; c.: 828 644 4835(lab) Lab ID#352 Name and Address of Facility Report Date 6/5/2020 Town of Mars Hill WWTP Date and Time Received 5/26/2020 1:35 PM P.O. Box 368 Date and Time Sampled 5/26/2020 10:40&10:45 am Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 286 5.7 9S8/10:03AM 2.0 mg/L SM521OB 5/27/20 SK TOTAL SUSPENDED RESIDUE 601 5.7 9:58/10:03AM 2.5 mg/L SM2540D 5/27/20 SK FECAL COLIFORM <3 10:03 AM 3 per 100 ml SM9222D 5/26/20 JCB AMMONIA NITROGEN 0.3 10:03 AM 0.1 mg/L SM4500NH3F 5/29/20 MB Lab Supervisor:Wanda a G. Ladd; EES Murphy Certified By: IV(ai ff I' i( Earth Environmental \\ Earth 75 Bison Lane ,/' '-A Environmental Murphy, NC 28906 1. ( -_ ` Services 828 837 9543(office) Murphy,NC 828 644 4835 (lab) Lab ID#352 Name and Address of Facility Report Date 6/26/2020 Town of Mars Hill WWTP Date and Time Received 6/2/2020 12:30PM P.O. Box 368 Date and Time Sampled 6/2/2020 10:23&10:27 AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 122 13.3 10:23/10:27am 2.0 mg/L SM5210B 6/3/20 MB TOTAL SUSPENDED RESIDUE 568.1 <2.5 10:23/10:27am 2.5 mg/L SM2540D 6/3/20 MB FECAL COLIFORM <3 10:27 AM 3 per 100 ml SM9222D 6/2/20 JCB AMMONIA NITROGEN 0.1 10:27 AM 0.1 mg/L SM4500NH3F 6/5/20 MB NITROGEN,TOTAL 1.25 mg/L 351.2/353.2 PHOSPHOROUS,TOTAL 0.020 mg/L SM4500 P-F 1 Lab Supervisor:Wanda G. Ladd; EES- Murphy Certified By:(�j,)G e. ,5‘% 1 . Earth Environmental f'\‘. Earth 75 Bison Lane Environmental Murphy, NC 28906 -`_ " Services 828-837-9543(office)ce) Murphy,NC 828-644-4835(lab) • Lab ID#352 Name and Address of Facility Report Date 6/26/2020 Town of Mars Hill WWTP Date and Time Received 6/9/2020 12:48 PM P.O. Box 368 Date and Time Sampled 6/9/2020 10:35&10:42 AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 263 13.4 10:35/10:42AM 2.0 mg/L SM5210B 6/10/20 MB TOTAL SUSPENDED RESIDUE 296.5 <2.5 10:35/10:42AM 2.5 mg/L SM2540D 6/10/20 MB FECAL COLIFORM <3 10:42 AM 3 per 100 ml SM9222D 6/9/20 JCB AMMONIA NITROGEN 0.1 10:42 AM 0.1 mg/L SM4500NH3F 6/10/20 MB NITROGEN,TOTAL 4.890 10:42 AM 1.00 mg/L CALCULATION 6/15/20 LKH PHOSPHOROUS,TOTAL 5.4 10:42 AM 0.50 mg/L SM4500 P-F 6/23/20 ANB Lab Supervisor: Wanda G. Ladd; EES- Murphy Certified By: /jG ___. 4//,/ Earth Earth Environmental 75 Bison Lane 3" �' Environmental Murphy, NC 28906 `' Services 828 837 9543(office) --�''/ Murphy,NC 828-644-4835 (lab) Lab ID#352 Name and Address of Facility Report Date 6/26/2020 Town of Mars Hill WWTP Date and Time Received 6/16/2020 11:45 AM P.O. Box 368 Date and Time Sampled 6/16/2020 10:25&10:29 am Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 261.8 11.8 10:25/10:29AM 2.0 mg/L SM5210B 6/17/20 MB TOTAL SUSPENDED RESIDUE 344.4 <2.5 10:25/10:29AM 2.5 mg/L SM2540D 6/17/20 MB FECAL COLIFORM <3 10:29 AM 3 per 100 ml SM9222D 6/16/20 JCB AMMONIA NITROGEN <0.1 10:29 AM 0.1 mg/L SM4500NH3F 6/17/20 MB Lab Supervisor:Wanda G. Ladd; EES- Murphy Certified By: //��Ly',/&-L-- 7 Earth Earth Environmental 75 Bison Lane ;% : p Environmental Murphy, NC 28906 Services 828-837-9543 (office) Murphy,NC 828-644-4835 (lab) Lab ID#352 Name and Address of Facility Report Date 7/10/2020 Town of Mars Hill WWTP Date and Time Received 6/23/2020 11:20AM P.O. Box 368 Date and Time Sampled 6/23/2020 10:37&10:42 AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 173 11.8 10:37/10:42AM 2.0 mg/L SM5210B 6/24/20 MB TOTAL SUSPENDED RESIDUE 68 <2.5 10:37/10:42AM 2.5 mg/L SM2540D 6/24/20 MB FECAL COLIFORM <3 10:42 AM 3 per 100 ml SM9222D 6/23/20 JCB AMMONIA NITROGEN 0.2 10:42 AM 0.1 mg/L SM4500NH3F 6/24/20 MB Lab Supervisor: Wanda G. Ladd; EES- Murphy Certified By: 6,).7.,7,4i, YG • Earth Environmental Earth 75 Bison Lane 7 Environmental Murphy, NC 28906 Services 828 837 9543 (office) Mu Th);NC 828-644-4835(lab) Lab ID#352 Name and Address of Facility Report Date 7/10/2020 Town of Mars Hill WWTP Date and Time Received 6/30/2020 11:25 AM P.O. Box 368 Date and Time Sampled 6/30/2020 10:18&10:21AM Mars Hill, NC 28754 Sampler JASON RIDDLE MAIN PLANT Date Test Influent Effluent Sample Time Report Limit Units Method Analyzed Analyst BOD 161.5 10.1 10:18/10:21AM 2.0 mg/L SM5210B 7/1/20 MB TOTAL SUSPENDED RESIDUE 62.5 <2.5 10:18/10:21AM 2.5 mg/L SM2540D 7/1/20 MB FECAL COLIFORM <3 10:21 AM 3 per 100 ml SM9222D 6/30/20 JCB AMMONIA NITROGEN 0.2 10:21 AM 0.1 mg/L SM4500NH3F 7/1/20 MB Lab Supervisor:Wanda G. Ladd; EES- Murphy Certified By:/()//7/4„.ier