NC0026557_PC20210012_20210409

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: Town of Bryson City
Facility Name: Bryson City WWTP
Permit Number: NC0026557
County: Swain
Case Number: PC-2021-0012

ASSESSMENT FACTORS

1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violation;
Unknown, the effluent discharge sampling results may be skewed if composite samples are not taken for specific
parameters as outlined in the permit.

2) The duration and gravity of the violation;
The composite sampler would not turn on during the inspection and it is unknown how long the sampler has not been
working. Composite samples provide a more accurate representation of the constituents in the effluent and is required by
the permit for specific parameters. Additionally, the thermometer was broken inside of the sampler.

3) The effect on ground or surface water quantity or quality or on air quality;
Unknown, the effluent discharge sampling results may be skewed if composite samples are not taken for specific
parameters as outlined in the permit.

4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown.

5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance would include the cost to repair the composite sampler or purchase a new one.

6) Whether the violation was committed willfully or intentionally;
We do not believe the violation was committed willfully or intentionally.

7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
Three CPAs have been issued in the past 12 months.

8) The cost to the State of the enforcement procedures.

$124.43

___________________ __________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NC DEQ
DocuSign Envelope ID: A8129E09-3600-42BA-80C3-CB2CB54D65D9
4/15/2021

CERTIFIED MAIL 7020 1290 0001 1766 8651
RETURN RECEIPT REQUESTED

April 9, 2021
Regina Mathis, Town Manager
Town of Bryson City
PO Box 726
Bryson City, NC 28713-0726

SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit NC0026557
Town of Bryson City
Bryson City WWTP
Case No. PC-2021-0012
Swain County

Dear Permittee:

Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources (the Division) I, Daniel Boss, Assistant Regional Supervisor, Asheville Regional Office (ARO)
make the following:

I. FINDINGS OF FACT:

A. The Town of Bryson City is a municipality organized and existing under the laws of the State of North Carolina.

B. On February 28, 2018, Town of Bryson City was issued NPDES Permit Number NC0026557 effective April 1,
2018, for the operation and maintenance of a wastewater treatment plant located at the Bryson City WWTP, with
the discharge of treated effluent into Tuckasegee River, classified as Class B in the Little Tennessee River Basin,
in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina.

C. The Tuckasegee River is classified as Class B in the Tuckasegee River Basin.

D. On February 25, 2021, Lauren Armeni and Tim Heim of the Asheville Regional Office (ARO) of the Division of
Water Resources (DWR), conducted a compliance inspection of Bryson City WWTP. While onsite, DWR staff
observed:
 The composite sampler would not turn on and appeared to be broken. Additionally, the thermometer inside
of the sampler was broken.

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E. On March 3, 2021, the Asheville Regional Office (ARO) of the DWR issued a Notice of Violation/Notice of
Intent to Enforce (NOV-2021-PC-0166) to the Town of Bryson City. This NOV-NOI was issued in response to
observations from an inspection on February 25, 2021.

F. On March 22, 2021, DWR received a letter from the Town of Bryson City in response to the Notice of
Violation-Notice of Intent to Enforce (NOV-2021-PC-0166), explaining the following:
 Ms. Regina Mathis indicated that a call would be placed to have the composite sampler either repaired or
replaced. Additionally, a new thermometer would be ordered to replace the broken one.

G. NPDES PERMIT NO. NC0026557 contains the following relevant permit conditions:

NPDES Permit NC0026557 Part II. Section C.2. Proper Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operations and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or
auxiliary facilities only when necessary to achieve compliance with the conditions of the permit.

H. A DWR file review confirmed that the Town of Bryson City is not allowed as a condition of any permit, special
order, or other appropriate instrument issued or entered into by the Commission under the provisions of this
Article to violate water quality standards applicable to an assigned classification or to violate an effluent standard,
limitations, permit conditions, or rules/regulations established for any point source.

I. The cost to the State of the enforcement procedures in this matter totaled $124.43.

Based upon the above Findings of Fact, I make the following:

I. CONCLUSION OF LAW

A. The Town of Bryson City is a ‘person’ within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).

B. The Tuckasegee River located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6).

C. The Town of Bryson City was issued NPDES Permit No. NC0026557 in accordance with G.S. 143-215.1(a) for
the operation and maintenance of a wastewater treatment plant and the discharge of wastewater in compliance with
permit limits and conditions.

D. On February 25, 2021, the Town of Bryson City violated NPDES Permit NC0026557 Part II Section C. 2. by
failing to properly operate and maintain the wastewater treatment plant because the composite sampler was not
working at the time of the inspection and the thermometer inside the sampler was broken.

E. The Town of Bryson City may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.

F. The State’s enforcement cost in this matter may be assessed against the Town of Bryson City pursuant to G.S.
143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).

G. Daniel Boss of the Division of Water Resources, pursuant to delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to
assess civil penalties in this matter.

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Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION

Accordingly, the Town of Bryson City is hereby assessed a civil penalty of:

$ 250.00 (1) of (1) violation of NPDES Permit NC0026557 Part II Section C. 2. by failing to properly
operate and maintain the wastewater treatment plant because the composite sampler was not
working at the time of the inspection and the thermometer inside the sampler was broken.

$ 250.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A

$ 124.43 Enforcement Cost

$ 374.43 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in G.S. 143B-282.1(b),
which are:

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

Within thirty (30) days of receipt of this notice, you must do one of the following:

(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing

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Option 1: Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:

Please be aware that a request for remission is limited to consideration of the five factors list ed 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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.

Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission’s Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.

In order to request remission, you must complete and submit the enclosed “Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed “Justification for
Remission Request.”

Both forms should be submitted to the following address:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

DocuSign Envelope ID: A8129E09-3600-42BA-80C3-CB2CB54D65D9

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:

If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:

6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DEQ as follows:

Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions, please contact Lauren Armeni with the Division of Water Resources staff of the Asheville Regional
Office at [phone] or via email at [e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Attachment A

Ec: Laserfiche
DocuSign Envelope ID: A8129E09-3600-42BA-80C3-CB2CB54D65D9

JUSTIFICATION FOR REMISSION REQUEST

DWR Case Number: PC-2021-0012 County: Swain

Assessed Entity: Town of Bryson City

Permit No.: NC0026557 Amount Assessed: $374.43

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 evaluatin g
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 fact or 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:

DocuSign Envelope ID: A8129E09-3600-42BA-80C3-CB2CB54D65D9

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 ) ADMINSTRATIVE HEARING AND
TOWN OF BRYSON CITY ) STIPULATION OF FACTS
BRYSON CITY WWTP )
)
PERMIT NO. NC0026557 ) FILE NO. PC-2021-0012

Having been assessed civil penalties totaling $374.43 for violation(s) as set forth in the assessment document
of the Division of Water Resources dated April 9, 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 day of , 20___.

PRINTED NAME

SIGNATURE

ADDRESS

TELEPHONE

DocuSign Envelope ID: A8129E09-3600-42BA-80C3-CB2CB54D65D9

ATTACHMENT A Town of Bryson City
CASE NUMBER: PC-2021-0012

PERMIT: NC0026557 REGION: Asheville
FACILITY: Bryson City WWTP COUNTY: Swain ___________________________________________________________________________________________________________________________________________________________________________________
VIOLATION
DATE

AREA
VIOLATION
TYPE

VIOLATION DESCRIPTION
PENALTY
AMOUNT
2/25/2021 Bar Screen Violation detected during
inspection
The bar screens are not functioning
adequately to maintain continuous facility
compliance.
$0.00
2/25/2021 Pumps-RAS-WAS Violation detected during
inspection
The return pump in WWTP #2 is currently
not working because there is a hole in the
line.
$0.00
2/25/2021 Disinfection - Liquid Violation detected during
inspection
The chlorine contact chamber has excess
solids and a high sludge blanket.
$0.00
2/25/2021 Effluent Sampling Violation detected during
inspection
The composite sampler was not
working and the thermometer was
broken at the time of the
inspection.
$250.00
2/25/2021 Flow Measurement -
Effluent
Violation detected during
inspection
The effluent weir plate is breaking
loose from the concrete.
$0.00

DocuSign Envelope ID: A8129E09-3600-42BA-80C3-CB2CB54D65D9