NC0026557_Remission Request (LV-2020-0363)_20210111

4g o v_ c t r Town of Bryson City
Municipal Office
P.O. Box 726
f; Bryson City,NC 28713
Af Telephone [phone]
AS
January 7,2021 ,� Fax [phone]
RECEIVED
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Wastewater Branch JAN 11 2021
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699 NCDEQIDWRINPDES
RE: Remission NOV-2020-LV-0864
Case No: LV-2020-0363
To Whom It May Concern:
On behalf of the Town of Bryson City,I am requesting remission for the Civil Penalty associated with the
Notice of Violation(NOV-2020-LV-0864)/Case No.LV-2020-0363. This request is based on the
following reasons.
According to our ORC and our back-up ORC,they believe someone is continuing to dump unidentified
substances into one or more manholes. This is disrupting the operation of the plant. To correct the
current BOD problem,the plant staff has wasted substantially and hauled 8 loads of new sludge to
rehabilitate the plant. The Town has informed our Town crews to look for anything or anyone suspicious
around manholes. I have also asked our local paper to write an article about this situation and urge
citizens to contact the Town Hall if they see anyone around manholes. I am currently waiting on the
editor's response. •
At this time,McGill Associates is working on a Preliminary Engineering report to begin Phase I of a
project to replace outdated and insufficient lines to correct the inflow and infiltration issues we are having
in our system. Phase II will be to rehabilitate our wastewater plant which is old and has a lot of
unexpected annual repairs. The plant also has a hard time operating efficiently due to the age of the plant
and equipment.
The Town could really use the civil penalty money for the annual unexpected repairs that occur at our
wastewater treatment plant,as well as,to meet our loan and match for the Phase I and Phase II projects
through Appalachian Regional Commission(ARC)funding and United States Department of Agriculture
(USDA)funding.
Thank you in advance for your consideration in this matter. We are also open to suggestions for finding
the culprit who is dumping unidentified substances into our system. It seems like finding a needle in a
haystack.
Th� ks again,
Reel Mathis
To I� anager
Mayor Tom Sutton Board of Aldermen Benjamin King,Janine Crisp, Heidi Ramsey-Woodard&Chad Smith
Regina Mathis,Town Manager Fred Moody Jr,Town Attorney Carla Passmore,Tax Collector Lynn Thomas,Town Clerk
Tom Shook,Public Works Supervisor
In accordance with Federal law and U.S.Department of Agriculture policy,this institution is prohibited from discriminating on the basis of race,color,
national origin,age,disability,religion,sex,and familial status.(Not all prohibited bases apply to all programs). To file a complaint of discrimination,write
USDA,Director,Office of Civil Rights,1400 Independence Avenue,S.W.,Washington,D.C.20250-9410 or call(866)632-9992(English)or(800)877-
8339(TDD)or(866)377-8642(English Federal-relay)or(800)845-6136(Spanish-relay).

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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0363 County: Swain
Assessed Party: . Town of Bryson City
Permit No.: NC0026557 Amount Assessed: $3,011.18
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);
(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);
(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:
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DocuSign Envelope ID:923C0139-005A-4U(b-Al3t-361-F-594lbt41-
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SWAIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Bryson City )
Bryson City WWTP )
)
PERMIT NO.NC0026557 ) CASE NO. LV-2020-0363
Having been assessed civil penalties totaling$3,011.18 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated December 16,202Q,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 /-6 day of jic)(A - , 2001._
RERECEIVED
SIGNA
12021 '
JAN 1 ADDRESS
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TELEPHONE
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