NC0085928_Remission (Request)_20210624

AMERICAN TRUTZSCHLEIZ
SPIN N I N0 NONWOVENS CARD CLOTHING
TRUETZSCHLER r �/ F // /`
American Truetzschler, Inc. • P.O. BOX 669228 • CHARLOTTE, N.C. 28266 [L:
Water Sciences Section JUN
Division of Water Resources
1621 Mail Service Center Water sciencessuci
Raleigh NC 27699-1621
June 24, 2021
Re: Case No. TX 2021-0004, American Truetzschler Assessment of
Civil Penalty for Violations of NC General Statute 143-
215 . 1 (a) ( 6. NPDES Permit no.NC85928
To Whom It May Concern:
Enclosed is our Request For Remission of Civil of Penalties
Assessed, Wavier of Right to an Administrative Hearing and
Stipulation of Facts in subject case.
Yours t�,
urruly,
John d l�1 ettRisk Manager
1230D MOORES CHAPEL ROAD•CHARLOTTE,NC 28214•TELEPHONE[phone] •FAX[phone]
WEBSITE:W W W TRUETZSCHLER.COM•E-MAIL:[e-mail]•ISO 9001:2008 CERTIFIED

DocuSign Envelope ID:8D259B1 B-F2E4-45C8-13812-CC3911--6 B
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
American Truetzschler Inc. )
American Truetzschler RS )
NPDES PERMIT NO. NCO085928 ) CASE NO. TX-2021-0004
Having been assessed civil penalties totaling $3,073.88 for violation(s) as set forth in the assessment document
of the Director of the Division of Water Resources dated June 7, 2021, the undersigned, desiring to seek
remission of the civil penalties, 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 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 ZM -tom day of vet 20 Z [
SIGN TURE
ADDRESS
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DocuSign Envelope ID:81325981 B-F2E4-45C6-B812-CC391175CBA6
JUSTIFICATION FOR REMISSION REQUEST
Case Number: TX-2021-0004 County: Mecklenburg
Assessed Party: American Truetzschler Inc.
Permit No. (if applicable): NC0085928 Amount Assessed: 3,073.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of ftht 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 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 14313-282 1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
X (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);
X (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent 124vment 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: SEE ATTACHED LETTER

Activities Summary
American Truetzschler currently operates an existing 0.050 MGD groundwater remediation
system consisting of an equalization tank, particulate filter, a sodium cation-exchange
system, a crushed limestone filtration unit and an air stripper located at American
Truetzschler, Inc., 12300 Moores Chapel Road, Charlotte, Mecklenburg County, North
Carolina.
The system discharges approximately 2 million gallons per year or 160,000 gallons per month. The
system has failed the quarterly chronic toxicity test approximately one quarter every year since Excel
has been monitoring the system starting in 2011. In 2016 the Chronic Toxicity test failed three months
consecutively (Nov CT pass/fail, Dec for CT multi concentration and Jan 2017 CT multi concentration).
Below is the summary of the most recent system sampling for which the fine was imposed:
Under the permit, chronic toxicity Pass/Fail testing must be conducted quarterly in February, May,
August and November. The chronic toxicity testing failed the regular quarterly pass/fail testing
conducted in November 2020. Excel's field technician completed a compost change-out and completed
a CT Pass/fail retest in December 2020 which passed.
Excel was contacted in January by Zach Thomas with the Aquatic Toxicology Branch inquiring about the
December 2020 test being performed at a Pass/Fail, rather than a chronic multi-concentration (ChV) as
per permit requirements for the next 2 months after a failed Pass/Fail quarterly test, and also if the
facility tested again in January 2021 to fulfill the permit requirements. It was determined multi-
concentration testing would be performed in the next two (2) months following a failed pass/fail
quarterly test.
Zach Thomas contacted Excel and advised that ChV Multi-Concentration tests needed to be conducted
in February and March related to the failed November. Those tests were conducted in February(2/23&
2/25)and March (3/16&3/18)and failed.
The regular quarterly pass/fail testing for February was completed 2/16/21 and failed. The required
follow-up ChV Multi-Concentration tests were conducted in March (3/30 &4/1) and April (4/13 &4/15)
which failed.
American Truetzschler personnel had been working through various issues with the system operation in
coordination with Kellie Hedrick(ORC) in an effort to determine why the system kept shutting down. In
addition, ECEA personnel completed a compost change-out on 2/22/21 and a carbon change-out on
3/29/21. Additional maintenance on the carbon tank was completed 4/16/21; media in the carbon
column was causing a blockage.The blockage was cleared and the system was running at departure.
The regular quarterly pass/fail testing was completed on May 11& 13 which passed.
Although it took time to work through the remediation system's various issues,American Truetzschler
personnel along with Excel Civil&Environmental and the ORC,worked diligently to identify and abate
the issues and ensure the system functions as designed to prevent any potential environmental
impact.
EXCEL CIVIL&ENVIRONMENTAL ASSOCIATES,PLLC
www.excelengrcom

American Truetzschler Prior Civil Penalties
In January 2017, the Discharge Monitoring Report was overlooked and an assessment was levied against
American Truetzschler. The NCDEQ DWR waived the penalty and required payment of the investigative
costs only.
Over the years, American Truetzschler's Groundwater Remediation System has had incidents of non-
compliance but due to prompt abatement of the system, no penalties were assessed. Based on the
above listed non-compliance issues for which no penalty was assessed, American Truetzschler
respectfully requests the penalty for non-compliance be remitted at this time.
If you have any questions, or if we may be of further assistance, please contact me at [phone].
Sincerely,
Excel Civil & Environmental Associates, PLLC
Aaron C. Long, P.E.
Project Engineer
EXCEL CIVIL&ENVIRONMENTAL ASSOCIATES,PLLC
www.excefengr.com