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Home My WebLink AboutNC0026921_Remission (Justification for Request)_20140919ern NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 19, 2014 Sent via e-mail Mr. Tim Little, Public Works Director Town of Parkton P.O. Box 55 Parkton, NC 28371 Subject: Remission Request of Civil Penalty Assessment Town of Parkton WWTP NPDES Permit NC0026921 Case Number LV-2014-0114 Robeson County Dear Mr. Little: This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 807-6398 or via e-mail at bob.sledge@ncdenr.gov. Sincerely, , ,5/:9y Bob Sledge, Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources cc: Enforcement File w/originals Central Files w/attachments Fayetteville Regional Office w/attachments 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper TOWN OF PARKTON Post Office Box 55 / 28 West David Parnell St Parkton, North Carolina 28371 Mayor Office: 910-858-3360 Al McMillan Fax: 910-858-9808 Finance Director ! Town Clerk Debra McNeill Chief of Police Stephen Penfield Public Works Director Tim Little September 12, 2014 Compliance & Expedited Permitting Unit Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 To whom it may concern, RECEIVEDIDENRIDWR S? '77014 Water Quality ection Permitting Alderman Benton Finley Robin Hill Wanda Matute Nathaniel Solomon Doris Underwood We, The Town of Parkton, have for several years been faced with financial strains. With this current penalty, it will once again put us in afinancial bind. After we received the flow violation, we contacted Carolina Technical Services, Inc. to come and access the flow meter. Upon their inspection, it was concluded that the flow meter and recorder were not accurate and should be replaced. The bill to get this work completed was $3736.68, which is a strain financially; but we knew it had to be fixed to reduce the chances of having more problems, violations, or penalties. The work was completed in August. We hope you will give this consideration for a remission request "due to the financial strains put on the town to get this fixed. I have enclosed the service report from Carolina Technical Services, Inc. for your review. Please contact me at 910-47.4-6616 if you were to have any questions. We appreciate your consideration in this matter. Thank You, Tim Little Public Works Director Town of Parkton COUNTY OF Robeson Town of Parkton IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Parkton WWTP PERMIT NO. NC0026921 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2014-0114 Having been assessed civil penalties totaling $891.56 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 15, 2014, 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 is day ofZ-eYrd3- 20 i SIGN .. tlir ADDRESS Qx\iceA PocifAe Poo ODkA_ tSc aq3`7I TELEPHO JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2014-0114 Assessed Party: Town of P-arkton Permit No. (if applicable): NC0026921 County: Robeson Amount Assessed: $891.56 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" font' 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 applies. 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 p y necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: Carolina Technical Services, Inc. Post Office Box 268 China Grove, NC 28023 704.202.5576 / 704.625.7425 Fax Service For: Parkton WWTP Roy Lowder End of Sewer Plant Rd. Parkton, NC 28371 SERVICE REPORT Date 7/16/2014 Service Report # 14D0707 Service Engineer DK P.O. No. Service for: Service for: Customer called stating that the flow meter was reading high (erratic) at times since latest electrical storm. Evaluation: FLOW METER Found flow meter reading and relatively non -erratic. Measured water level, through primary device, and compared to flow charts. Found unit to be reading within acceptable limits. I began to enter the programming and found that the meter was accessing menu area that wasn't called for. Once I was able to get to the "simulate" mode of the menu, I could not get out. I powered the meter down and it came back to reading a flow number. When I checked the water level to flow, the flow reading was about 13% higher than the charts called for. I had to attempt to changed the reading level for five times before it finally accepted the reading change. I was able to get the number to correspond to the water level, however; confidence in it remaining correct is low. FLOW RECORDER I checked the flow recorder and found that corresponding calibrator inputs did not result in proper reading of the chart. Recommendations: Based upon my evaluation, and observation, the flow meter and recorder should be replaced. There isn't any apparent indications of electrical surge (read burns, deformations, etc.), however, since the client stated this happened after a recent storm, I suspect damage caused by electrical / lightning storm. CTS to provide proposal for replacement. RECEIVED/DENR/DWR E_ ( k i ;:U11. Water Quality Permitting Section DO NOT PAY FROM THIS SERVICE REPORT The service requested has been completed in a satisfactory manner as witnessed by my signature. Carolina Technical Services, Inc. Post Office Box 268 China Grove, NC 28023 704.202.5576 / 704.625.7425 Fax Federal ID: 56-2120646 Proposal for Parkton WWTP Roy Lowder PO Box 55 Parkton, NC 28371 910-858-9808 Fax PROPOSAL Date 7/14/2014 Proposal # I4D0721 Sates Person DK Ship To Parkton WWTP Roy Lowder 28 W. Second St. Parkton, NC 28371 Quantity Description Rate Amount PROPOSAL FOR REPLACEMENT OF DAMAGED FLOW METER AND RECORDER 1 FMU90-R21 CA111AA1A FMU90: Endress & Hauser 'Prosonic S" Ultrasonic Transmitter R - Approval: Non -Hazardous Area 2 - Application: Flow + Totalizer + Level + Sample Control = Preprogrammed OCM Flow Curves 1 - Housing, Material: Field Mounting PC, IP66 NEMA 4X C - Operation: IIluminated Display + Keypad A - Power Supply: 90-253Vac 1 -Level Input: 1x Sensor FDU9x/8x 1 - Switch Output: lx relay, SPDT 1 - Output: ix 0/4-20mA HART A - Additional Input: W/0 A - Datalog Function: Basic Version 1 - Language: De, En, N1, Fr, Es, It A - Additional Option: Basic Version 1 FDU91-RNIAA FDU9I- Endress & Hauser "Prosonic" Ultrasonic Sensor R- Approval: Non -Hazardous Area N- Process Connection: Thread ANSI NPTI, PVDF 1- Cable Length: 16 Ft. A- Heater: W/O A- Additional Option: Basic Version 1 DR4301-0000-G0100-0000-0000-00-000 Honeywell DR4300 Circular Chart Recorder 1 Pen, No Display 1 Box 7-Day Charts 1 Lot: Installation, Programming and Startup of above 1 Shipping & Handling I Sales Tax (7.00%) email: danny@carolinatechnical.com Total:www.earolinatechnical.com Page 1 Carolina Technical Services, Inc. Post Office Box 268 China Grove, NC 28023 704.202.5576 / 704.625.7425 Fax Federal ID: 56-2120646 Proposal for Parkton WWTP Roy Lowder PO Box 55 Parkton, NC 28371 910-858-9808 Fax PROPOSAL Date 7/14/2014 Proposal # 14D0721 Sales Person DK Ship To Parkton WWTP Roy Lowder 28 W. Second St. Parkton, NC 28371 Quantity Description Rate Amount Total TERMS Net 30 days Price is good for thirty days. Price is applicable for quantities and terms. Tax is not included. Add tax as necessary. Freight is not included. Freight will be pre -paid and added to the invoice. Unless otherwise noted above, installation is not included. Contact CTS for installation rates. Submittals are not included. If submittals are required they will be priced according to quantity needed. If paying by credit card, add 3% to total. CTS reserves the right to partial bill on total accepted proposals over $10,000 Unless otherwise noted, retainages are not acceptable, CTS "Conditions of Sale" apply 3,736.68 3,736.68 email: danny@carolinatechnical.com www.carolinatechnical.eom Total: $3,736.68 Page 2 REMIT TO Carolina Technical Services, Inc. P.O. Box 268 China Grove, NC 28023 704-202-5576 704-625-7425 Fax BILL TO TOWN OF PARKTON ACCOUNTS PAYABLE P.O. BOX 55 PARKTON, NC 28371 Invoice FED ID# 56-2120646 INVOICE # 23260 DATE 8/13/2014 P.O. NO. Tim Little TERMS Net 30 DUE DATE 9/12/2014 ITEM DESCRIPTION QTY RATE AMOUNT FMU9O-R21CA.., FMU9O-R21CA111AA1A FMU90: Endress + Hauser "Prosonic S" Ultrasonic Transmitter 1 1,402.00 1,402.00T R - Approval; Non Hazardous Area 2 - Application: Flow + Totalizer + Level + Sample Control = Preprogrammed OCM Flow Curves 1 - Housing, Material: Filed Mounting PC, IP66 NEMA 4x C - Operation: Illuminated Display + Keypad A - Power Supply: 90-235 Vac 1 - Level Input: ix Sensor FDU9x/8x RECEIVEDIDENRID\ R 1- Switch Output: lx Relay. SPDT 1 - Output: lx 0/4-20mA HART SE ) 1 7 } 014 A - Additional Output: W/O A - Datalog Function: Basic Version VA ater Quality 1 - Language: De, En, N1, Fr, Es, It Permitting Section A - Additional Option: Basic Version 1 - Switch Output: lx Relay. SPDT 1 - Output: 1x FDU91-RN1AA FDU91-RN1AA 1 387.00 387.00T FDU91 - Endress + Hauser "Prosonic" Ultrasonic Sensor R - Approval: Non-Ha7ardout.Area N - Process Connection: Thread ANSI NPT1, PVDF 1 - Cable Length: 16 Ft.A - Heater : W/O A- Additional Option: Basic Version Thank you for your business! Total Our low prices are made possible in part by strict adherence to payment terms that, unless otherwise indicated above, are Net 30 days from date of invoice. Late charges may be applied for overdue payments. Page 1 REMIT TO Carolina Technical Services, Inc. P.O. Box 268 China Grove, NC 28023 704-202-5576 704-625-7425 Fax BILL TO TOWN OF PARKTON ACCOUNTS PAYABLE P.O. BOX 55 PARKTON, NC 28371 Invoice FED ID# 56-2120646 INVOICE # 23260 DATE 8/13/2014 P.O. NO. Tim Little TERMS Net 30 DUE DATE 9/12/2014 ITEM DESCRIPTION QTY RATE AMOUNT DR4301-0000-.... DR4301-0000-G0100-0000-0000-00- 1 1,035.00 1,035.00T Honeywell DR4300 Circular Chart Recorder 1 Pen, No Display 1 Box 7-Day Charts Labor Installation, programming & startup of above 1 680.00 680.00 S&H Shipping & Handling 35.00 35.00 Sales Tax 7.00% 197.68 Thank you for your business! Total $3,736,68 Our low prices are rnade possible in part by strict adherence to payment terms that, unless otherwise indicated above, are Net 30 days from date of invoice. Late charges may be applied for overdue payments. Page 2