NC0031879_Remission Request (LV-2021-0139)_20210714

• OFRl
�� s 41- o CITY OF MARION
OFFICE OF
* 18 �I I 99* P. O. Drawer 700 THE PUBLIC WORKS DIRECTOR
yo� �Q Marion, North Carolina 28752
NTH CAR��
July 7.2021 Ci-WED
4 202i
Mr.Daniel Boss,Assistant Regional Sunervisor
Water Quality Regional Operations Section NCDE�1
Asheville Regional Office NPDE$
Division of Water Resources.NCDEQ
2090 U.S.Highway 70
Swannanoa,North Carolina 28778
Subject: Request for Remission of Civil Penalty
Case No.LV-2021-0139
NPDES Permit No.NC0031879
Corpening Creek WWTP
City of Marion
McDowell County
Dear Mr. Boss:
The City of Marion respectfully requests remission of the civil penalty assessed in Case Number LV-
2021-0139. Please find the following items enclosed:
• Waiver of Right to an Administrative Hearing and Stipulation of Facts form
• Justification for Remission Request form
• Attachment to the Justification for Remission Request font
• Copy of the letter(dated 6/7/21)submitted in response to the NOV and Intent to Assess Civil
Penalty dated 5/27/21.
Your consideration of our request is greatly appreciated. If you have any questions or require additional
information,please contact me at(828)652-4224 or [e-mail]. Thank you in advance for
your time and consideration.
Sincerely,
J. Brant Sikes
Public Works Director
„c: Bob Boyette.City Manager
Tim Horton. WWTP Superintendent/ORC
Wastewater Branch,Division of Water Resources. 1617 Mail Service Center. Raleigh,NC 27699

DocuSign Envelope ID:73BC4893-AC48-4A73-8D81-FDF9C76C078B
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MAI ER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Marion )
Corpening Creek WWTP )
)
PERMIT NO.NC0031879 ) CASE NO. LV-2021-0139
Having been assessed civil penalties totaling$1,124.43 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 10,2021,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 �k day of .20 a I
SIGN n
er
RECEIVED ADDRESS
JUL 14 2021 p 0- D ra we_r- ��d
NCDE 1`11 �a << .00 , ri 2€7 S Z
Q/DWR/NPDES
TELEPHONE
( 3 28 ) S

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DocuSign Envelope ID:73BC4893-AC48-4A73-8D81-FDF9C76CO78B
JUSTIFICATION FOR REMISSION REOUEST
Case Number: LV-2021-0139 County: McDowell
Assessed Party: City of Marion
Permit No.: NC0031879 Amount Assessed: $1,124.43
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);
the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
(b) P P
steps that you took to correct the violation and prevent future occurrences);
‘Z.(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:
P/e.5e ,lee 071744 cAlrie,k-/

ATTACHMENT TO JUSTIFICATION FOR REMISSION REQUEST
(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).
The violation was unavoidable and could not be prevented because only one secondary
clarifier was operable at the WWTP when high flows passed through the plant during
heavy rain events that occurred on 3/26/21 and 4/1/21. The one secondary clarifier that
was in operation was hydraulically overloaded and solids were lost in the effluent, despite
the efforts of staff to operate in accordance with the high flow SOP.
Only one secondary clarifier was operable during the rain events mentioned above
because the other secondary clarifier was (and still is) out of service awaiting a drive unit
replacement. The drive unit has totally failed and is not repairable. It must be replaced.
The City has been working diligently since the drive failed to get it replaced. A new
drive unit was ordered in mid-March, 2021,but cannot be shipped until approximately
mid-August. The City has contracted with Kemp Construction to install the new drive
unit as soon as possible after it is received. We were initially told,by the manufacturer's
representative, that we could expect to receive the new drive unit in mid to late July,but
we were recently informed that shipment of the unit has been pushed back until
approximately mid-August.
I have attached a copy of the letter I submitted in response to the NOV and Intent to
Assess Civil Penalty dated 5/27/21. I believe the response letter further demonstrates
why the violation was unavoidable and something we could not prevent.

•
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*�(I.__L o� CITY OF MARL ON OFFICE OF
hua;,, THE PUBLIC WORKS DIRECTOR
P. O. Drawer 700
y1,r< 4� Marion, North Carolina 28752
��''H aso
June 7,2021
Mr. Daniel Boss,Assistant Regional Supervisor
Water Quality Regional Operations Section,NCDEQ
Asheville Regional Office
2090 U.S.Hwy 70
Swannanoa,NC 28778
Subject: Notice of Violation
Tracking#: NOV-2021-LV-0408
Permit NO.NC0031879
Corpening Creek WWTP
McDowell County
Dear Mr. Boss.
I am writing in response to your letter dated May 27, 2021 and received by the City of Marion on
June 3, 2021, requesting, within 10 business days of the receipt of the letter,an explanation of a
violation that occurred at the Corpening Creek WWTP during the month of April,2021. The
violation, exceeding the weekly average limit for effluent TSS during the week of March 28`h
(which ended on April 3"),was caused by high flow passing through the plant while only one
secondary clarifier was in use. The WWTP recorded 5.1 inches of rainfall from 3/25/21 —
4/1/21,with the vast majority of the rain falling on 3/26/21 (3.3")and 4/1/21 (1.2"). The total
effluent flow for 3/26/21 was 3.14 MG. With only one secondary clarifier in use,the plant was
hydraulically overloaded, which caused an effluent TSS concentration of 269 mg/1 on March
30th. The TSS concentration was down to 9.1 mg/1 on the following day,March 31st,but the
high concentration from March 30th was enough to cause the weekly average TSS concentration
to exceed the weekly limit of 45 mg/I.
As for corrective actions, WWTP personnel operated the plant in accordance with the standard
operating procedure for high flow to the best of their ability,considering only one secondary
clarifier was in service. As soon as the flow became low enough,personnel cleaned out the
contact chambers. All solids from the contact chambers were returned to the influent wet well
during the cleaning procedure. 'chose were the only measures staff could take to limit the
amount of solids washing out and to lower the TSS concentration in the effluent expeditiously.
As you are aware,only one secondary clarifier is being used because the other secondary
clarifier(secondary clarifier#1) is out of service awaiting a drive unit replacement. A new drive
unit was ordered in mid-March,2021,but will not be shipped until approximately mid-July. The

City has contracted with Kemp Construction to install the new drive unit as soon as possible after
it is received.
The City respectfully requests that a civil penalty not be assessed for the violation because
personnel did everything possible to retain solids in the plant during the hydraulic overload, but
could not retain them due to Secondary Clarifier#1 being out of service. The City is working
expeditiously to return Secondary Clarifier#1 to service,but the new drive had to be built and
cannot be installed until it is received. If you have any questions or require additional
information,please contact me at 828-652-4224 or WWTP Superintendent Tim Horton at 828-
652-8843. Thank you in advance for your time and consideration.
Sincerely,
J. Brant Sikes
Public Works Director
cc: Bob Boyette, City Manage'
Tim Horton, WWTP Superintendent