NC0026557_Remission Decision(LV-2020-0363)_20210205

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 5, 2021
CERTIFIED MAIL ITEM 70181830 0001 80371073 - RETURN RECEIPT REQUESTED
Ms. Regina Mathis
Town Manager
P.O. Box 726
Bryson City, NC 28713
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Bryson City WWTP
Permit NCO026557
Case LV-2020-0363
Swain County
Dear Ms. Mathis:
I have considered the information submitted by your municipality in support of a request for remission
in the subject case. The hiring of a consulting engineering firm to determine systematic improvements,
the work toward acquiring funding for systematic upgrades, and the replacement of dead sludge by your
ORC were noted. Therefore, in accordance with NCGS 143-215.6A (f), the civil penalty will be
reduced by $1, 450.00. Your organization is responsible is responsible for the remaining penalties and
enforcement costs, which total $1,561.18.
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 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
RE Q�N North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
/"f 919.707.900Dorth Carolina

NC0026557 Remission Decision
Page 2 of 3
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.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Mr. Weaver at [e-mail].
Sincerely,
rS. Daniel Smith
ff Director, Division of Water Resources
cc: NPDES file

DocuSign Envelope ID: 06429FF4-7EB0-4EA9-8D8E-5D65A566D835
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0363 Region: Asheville County: Swain
Assessed Entity: Town of Bryson City WWTP Permit: NC0026557
(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:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States. Person or persons unknown are dumping unknown substances into the collection system.
Town staff have been instructed to note any suspicious behavior around manholes. Town has requested local
paper write an article describing he problem and instructing citizens NOT to dump substances into manholes.
(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:
Permittee States. McGill Associates is working on a Preliminary Engineering Report to replace outdated /
insufficient collection system components. The WWTP will be repaired after the collection system repairs are
complete. The Town would rather use the money to invest in system repairs rather than paying the fine.
DWR Response: ARO supports a 50% remission based on the steps the Town has taken to improve the
WWTP including:
• Hiring McGill Associates to continue Phase I of identifying and fixing I&I issues (within the CS)
• Working towards receiving funding to rehabilitate the WWTP
• Brought in 8,000 gallons of new sludge to correct the BOD issue
50% REMISSION recommended.
DECISION
Original Penalty (without Enforcement Costs)
Partial Remission
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$2,900.00
50% or $1,450.00 (amount remitted)
DocuSigned by:
C
8328B44CE9EB4A1...
$1,450.00
$111.18
$1,561.18
2/4/2021
S. Daniel Smith Date