NC0023981_Remission (decision) LV-2020-0300_20201207

DocuSign Envelope ID: A4381B39-D061-47EC-9272-B68ABAA8FED8
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0300 Region: Asheville County: Caldwell
Assessed Entity: City of Lenoir / Lower Creek WWTP Permit: NCO023981
(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: 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.
DWR Response: August 17, 2020 NOV response indicates "sludge pump becoming stopped up
and the operator not realizing it was like that for several hours overnight due heavy rains and
high flows...': Violation abated once the blockage was observed but duration of non-compliance
was for several hours where TSS discharge exceeded influent TSS levels.
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: 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 from May 19 through May 23 totaling 4.26 inches. The flows at the plant were 3.25 MGD
on May 20th and 5.92 MGD on May 21". High flows cause debris to enter the WWTP, which does
not have a backup return pump. When maintenance issues arise with the single pump, plant
performance issues may occur. At some point during the night of May 20th and into the morning
hours of May 21 st, the return pump blockage 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.
DWR Response: While the plant experienced high flow during a rain event, there is not a
secondary return sludge pump, backup pump, engineered device, or sufficient operational
procedures, any of which could have prevented the violation. The violation duration was hours of
effluent discharge having TSS values that exceed influent levels.
(d) Whether the violator had been assessed civil penalties for any previous violations:
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
ARO supports remission, due to this being a single event that did not repeat. Full remission is not
recommended, as the facility needs to install backup systems to deal with heavy influent flows.
50% REMISSION recommended.

DocuSign Envelope ID: A4381B39-D061-47EC-9272-B68ABAA8FED8
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
DECISION
Original Penalty (without Enforcement Costs) $3,400.00
Partial Remission %50 or $1,700.00 (amount remitted)
Subtotal $1,700.00
Retaining Enforcement Costs $137.32
Total Revised Assessment $1,837.32
DocuSigned by:
12/7/2020
E�83281344CEKMAII...
S. Daniel Smith Date