NC0026557_Remission Request (LV-2021-0128)_20210602

Town of Bryson City
7), Municipal Office
P.O. Box 726
Bryson City,NC 28713
y e�r. - Telephone [phone]
Fax [phone]
May 27,2021 RECEIVED
JUN 0 2 2021
Wastewater Branch
Division of Water Resources NCDEQ/pW�NPDES
1617 Mail Service Center
Raleigh,NC 27699
RE: Remission NOV-2021-LV-0335
Case No: LV-2021-0128
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-2021-LV-0335/Case No. LV-2021-0128. This request is based on the
following reasons.
At this time,the Town of Bryson City has been approved for$8,780,000 through United States •
Department of Agriculture to begin Phase I of a project to replace outdated and insufficient lines to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.
We are working closely with McGill Associates and USDA to begin these projects as soon as possible.
These civil penalties are putting a hardship on the Town when we could use the money to pay for
continued repairs of our wastewater treatment facility and repairing lines in our collection system, 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.
T nks again,
Re ' Mathis
To Manager
Mayor Tom Sutton Board ofAldermen Benjamin King,Janine Crisp, Heidi Ramsey-Woodard&Chad Smith
Regina Mathis,Town Manager Fred Moody Jr.,TownAttorney Carla Passmore,Tax Collector Lynn Thomas,Town Clerk
Tom Shook,Public Works Supervisor
In accordance with Federal law and U.S.Deportment ofAgriculture policy,this institution is prohibited from discriminating on the basis of race,color,
national origin,age,disability,religion,set 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).

DocuSign Envelope ID:907C32EC-2B84-452D-ADA4-2F8A7222C7AB
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0128 County: Swain
Assessed Party: Town of Bryson City
Permit No.: NC0026557 Amount Assessed: $1,624.43
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
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:907C32EC-2B84-452D-ADA4-2F8A7222C7AB
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-2021-0128
Having been assessed civil penalties totaling$1,624.43 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated May 17,2021,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 ,20,94
RECEIVED 7171 ,
J U N 0 2 2021 SIGNATURE
ADDRESS
NCDEQIDWRINNDES -ThtJA Of Bz.
To Box 7
13c i c , gc '7'.3
TELEPHONE
80?8-48 s 333

DocuSign Envelope ID:907C32EC-2B84-452D-ADA4-2F8A7222C7AB
ATTACHMENT A
Town of Bryson City
CASE NUMBER: LV-2021-0128
PERMIT: NC0026557 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
3/31/2021 3-2021 Flow, in conduit or thru Continuous mgd 0.60 0.68 13.7 Monthly $1,500.00
treatment plant Average
Exceeded