NC0056863_Remission Request (LV-2021-0206)_20210615

Rom 11 u t
i rq ar pv,rgr(4I 1 R7
TowN OF ` ROSE HILL
Norm L.AROum
110mr of the 4Y,rld'i taros!f rcru;r i'au
June 9,2021 RECEIVED
Wastewater Branch
Division of Water Resources JUN 1.5 2021
1617 Mail Service Center
Raleigh,NC 27699-1617 NCDEQ/DWR/NPDES
RE:Notice of Violation&Response to Civil Penalty Assessment
Tracking Number:Nov-2021-LV-0206
Permit No.NC0056863
Rose Hill WWTP
Dear Wastewater Branch:
Attached are the two(2)requested forms:
"Request for Remission or Civil Penalties, Wavier of Right to an Administrative Hearing"and
"Justification for Remission Request."
Respectfully,
John Bauer
Town Administrator
103 SE Railroad Street, P.O. Box 8, Rose Hill, N.C. 28458
Telephone [phone]—Fax [phone]
Email:rosehill(@.embargmail.com
www.townofrosehilInc.com

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0126 County: Duplin
Assessed Party: Town of Rose Hill
Permit No.: NC0056863 Amount Assessed: $1.147.75
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).
XXXX (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):
XXXX (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps thar you took to correct the violation and prevent future occurrences);
XXXX(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);
NA(d) the violator had not been assessed civil penalties for any previous violations:
NA(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:
(a) In the Town's opinion,the civil penalty assessment factor was wrongfully applied to the detriment
of the Town (petitioner). The establishment of a flow limit of 450,000 gallons per day to Reedy
Branch is arbitrary and capricious. Even with enhanced treatment, the Town has requested that
this limit be increased, but NCDEQ has denied the increase. Further, there was no detriment
to the stream because of the discharge being in excess of"its MGD" limits because all of the
other biological and chemical limits in the plant were met.
Of note,the excess occurred in the shortest month-Feb. 2021 with 28 days. Based on total million
gallons of 14.0084, then the calculations would have been:
Exceeded by:
28 days--- .503 MGD-- 53,000GPD
30 days--- .467 MGD-- 17,000 GPD
31 days--- .454 MGD-- 4,000 GPD
Would the penalty have been as severe (or one provided at all) if the flows had occurred in any
other month?

(b)The Town promptly abated continuing environmental damage. The Town questions the allegation there was
any environmental damage. We have an automatic chlorination system which adjusts as flow increases or
decreases. With the higher flows, we used more chlorine to treat the effluent being discharged into Reedy
Branch.
During February, when the heavy rains were highest, we had the flow meter tested and calibrated. We knew
then and now the readings on the flow meter were accurate. Still, no flow meter is 100% accurate. A three
percent(3%)variation off of 450,000 GPD would yield an additional 13,500 GPD which is a factor to keep in
mind.
' Operator recognized higher flows;had the flow meter tested,and calibrated,and the
Bottom Line: The Town's O e ato g g
P
automated chlorination system was fully operational.
(c) The violation was inadvertent or a result of an accident. The Town of Rose Hill and most of southeastern North
Carolina experienced above-normal, excessive rainfall in February 2021. The violation was inadvertent
because the Town could not stop the torrential rains. We previously provided charts showing rainfall in
inches. We do not have a weather gauge in Rose Hill,however.
As Town Administrator, I recognize the Town has infiltration and inflow issues. We realize we must increase
our effluent capacity-not to Reedy Branch-which NCDEQ has not allowed. Therefore, we have received a
$50,000 grant from NCDEQ to undertake a Wastewater Regionalization Study/Preliminary Engineering Report
to help the Town gain additional capacity by-if financially feasible-pumping our wastewater to the town of
Wallace's WWTP. McGill&Associates are the engineers already engaged on this project. We hope to secure
grants to make this happen. If so,the Town of Rose Hill's effluent would no longer be into Reedy Branch.
(d) As Town Administrator, I checked with our WWT Operator of five(5)years and he reported we have never
been assessed a civil penalty for effluent flows exceeding permit's limits. We did review our records and:
5/18/2019—BOD, 5-day Exceeding Weekly Average
5/31/2019---Nitrogen Ammonia Exceeding Monthly Average
9/9/2014---BOD High Reading
1/27/2014---Violation Unknown
I submitted to you that these were"one off" instances which were all immediately corrected.
I also submit that there is no perfect WWTP without any violations in its history
(e) Payment of the civil penalty will not prevent payment for remaining necessary remedial actions.
Respectfully,
I
John :auer
Town Administrator

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DUPLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Rose Hill )
Rose Hill WWTP )
)
PERMIT NO.NC0056863 ) CASE NO. LV-2021-0126
Having been assessed civil penalties totaling$1,147.75 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated May 21,2021,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 140ile— . 20 2
�w� / 1 ( kTOQ-D M i%)
RECEIVEDSItNATURE
J U N 15 2021
ADDRESS
NCDEQIDWRINPDES /D 3
1, 0. PoXB
'R©sc I-1iLc. N- C . a84sg
TELEPHONE
910 • a8 - 3159 exr, 2zi

-11111‘—
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0126 County: Duplin
Assessed Party: Town of Rose Hill
Permit No.: NC0056863 Amount Assessed: $1.147.75
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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: