NC0026557_Remission Decision (LV-2021-0018)_20210310

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 10, 2021
CERTIFIED MAIL ITEM 7018 1830 0001 8037 1097 - 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-2021-0018
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 $1,250.00. Your organization is responsible is responsible for the remaining penalties and
enforcement costs, which total $1,362.69.
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
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NQRTHCAaouNnD � North Carolina
�^�^^�^^^^ o^•\ r 919.707.9000

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,
for S. Daniel Smith
Director, Division of Water Resources
cc: NPDES file

NCO026557 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Swain DWQ Case Number LV-2021-0018
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Bryson City )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.
If you or your representative would like to speak before the Committee, you must complete and return this
form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee, then you do not need legal representation before the Committee; however, if you intend on
having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or
consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts
by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature
and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: DE24B96A-1B1B-4392-AEE1-4BC65932BC50
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0018 Region: Asheville County: Swain
Assessed Entity: Town of Bryson City WWTP Permit: NCO026557
(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 got local paper to
publish article describing the 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
$2,500.00
50% or $1,250.00 (amount remitted)
EDocuSigned by:
8 B4aB4A1... 3/10/2021
$1,250.00
$112.69
$1,362.69
S. Daniel Smith Date

o err
January 20, 2021
Wastewater Branch
Division of Water Resources
1,617 Mail Service Center
Raleigh, NC 27699
RE: Remission NOV-2021-LV-0002
Case No: LV-2021-0018
To Whom It May Concern:
Town of Bryson City
Municipal Office
P.O. Box 726
Bryson City, NC 28713
o Telephone [phone]
Fax [phone]
RECEIVED
JAN 2 9 2021
NCDEQ/DWR/NPDES
On behalf of the Town of Bryson City, I am requesting remission for the Civil Penalty associated with the
Notice of Violation NOV-2021-LV-0002/ Case No. LV-2021-0018. This request is based on the
following reasons.
As stated in the prior appeal letter dated January 12, 2021, our ORC and our back-up ORC 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 contacted the Bryson City Police
Department and asked the police officers to look for anyone suspicious when they are patrolling. Our
local paper has written an article about this situation and has urged citizens to contact the Town Hall if
they see anyone around manholes (article attached).
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 11 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.
Thanks again,
lk. tl'
Reg Mathis
To 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 ofAgriculture policy, this institution is prohibited from discriminating on the basis of race, color,
national origin, age, disability, religion, sex, andfamilial 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 20250-94I0 or call [phone] (English) or (800)877-
8339(TDD) or [phone](Eiigli.sh Federal-relay)or (800)845-6I36 (Spanish -relay).

oa ,(pral aJr ,(aq j •aloiaq uaas 3o pliom gupvm:)srj atp saJold pue `zau3 xuej j ,ajloM aTW
THE SMOKY MOUNTAIN TIMES — Thursday, January 14, 2021 — Page 6A
NEWS
Illegal dumping disrupting Bryson City sewer plant
Jessica Webb
e&&@ 6mokymou bh0tr a (om
The Town of Bryson City is
facing heavy fines from the dis-
ruption of its wastewater treat-
ment plant, and town officials
believe illegal dumping is to
blame. The town is appealing
to the public to be on the look-
out and report and suspicious
activity that could be to blame.
Town Manager . Regina
Mathis told the town board that
she's going to appeal a $3,011
fine issued by N.C. Department
of Environmental Quality Di-
vision of Water Resources after
the town sewer plant violated
its biochemical oxygen demand
levels for the month of October.
An on -site consultant works
with the plant, conducting tests
and to be sure everything is in
compliance. The fine for Octo-
ber followed two weeks of the
BOC concentration level ex-
ceeding its limits.
One week, the limit was 45
and the town plant hit 63, 66
and 64 within the 5-day period.
"The limit the next week was
30 and we hit 51," Mathis ex-
plained. "We were busting that
weekly and violated it for the
month'
There are other signs that
the problem is coming from
an outside source. Greg Pass -
more, plant manager, reported
somebody has been dumping
into the system something that
smelled like fuel.
"We really dori t know what's
going on, Mathis said of the
source of the problem. "The
only thing about the brewer-
ies is they're not doing a whole
lot right now, so it makes us
think it's somebody dumping
something in manholes'
On Friday, again, she was
notified by Passmore, report-
ing he thinks someone has
dumped something into the
system again.
"It smells strong and has a
really dark color," Mathis said.
Wastewater treatment goes
through two basic stages of
treatment: primary and sec-
ondary. In the primary stage,
solids are allowed to settle and
are removed from the water.
The secondary stage uses bi-
ological processes to further
breakdown the waste and pu-
rify the water. Illegal dumps
into the system can kill the
biological matter that breaks
down the waste.
"We hauled in eight loads of
new sludge because it was re-
ally upsetting our plant;' Mathis
said.
They believe the town will
likely face another set of fines
for the month of November.
"It might be another $3,000
or more, and I'm not sure if
I can appeal it again, Mathis
said.
Mathis requested the public
to be on the lookout for anyone
around a manhole that appears
to be dumping something into
the system.
"We've caught people before;
they don't realize the damage
it does to the plants; she said.
"Be on the lookout. If you see
somebody around a manhole,
report it to town hall:'

DocuSign Envelope ID: 70AEB07F-6751-4346-ADFD-2ECO2CODAD57
JUSTIFICATION FOR REMISSION REQUEST
Case Number:
LV-2021-0018
Assessed Party:
Town of Bryson City
Permit No.:
NCO026557
County: Swain
Amount Assessed: $2,612.69
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);
V (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: 70AEB07F-6751-4346-ADFD-2ECO2CODAD57
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. NCO026557 ) CASE NO. LV-2021-0018
Having been assessed civil penalties totaling $2,612.69 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 13, 2021, 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 0_1_k day of 20dj
- i
REC'EI 1 , J y J_
SIGNAARE
BAN E� ADDRESS
2 9 2021
NCDEQ/pw � O r Cc
RiNPOEs
TELEPHONE
i +•

DocuSign Envelope ID: 70AEB07F-6751-4346-ADFD-2ECO2CODAD57
ATTACHMENT A
Town of Bryson City
CASE NUMBER: LV-2021-0018
PERMIT:
NCO026557
REGION:
Asheville
FACILITY:
Bryson City
WWTP
COUNTY:
Swain
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
11/7/2020
11-2020
BOD, 5-Day (20 Deg.
Weekly
mg/I
45
65
44.4
Weekly
$500.00
C) - Concentration
Average
Exceeded
11/21/2020
11-2020
BOD, 5-Day (20 Deg.
Weekly
mg/I
45
50
11.1
Weekly
$0.00
C) - Concentration
Average
Exceeded
11/28/2020
11-2020
BOD, 5-Day (20 Deg.
Weekly
mg/I
45
56
24.4
Weekly
$500.00
C) - Concentration
Average
Exceeded
11/30/2020
11-2020
BOD, 5-Day (20 Deg.
Weekly
mg/I
30
50.25
67.5
Monthly
$1,500.00
C) - Concentration
Average
Exceeded