NC0023981_Remission Request LV-2021-0146_20210720

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CITY MANAGER MAYOR 1
SCO HILDEBRAN CITY 0 F LENOIR JOSEPH
L.GIBBONS
NORTH CAROLINA 1 CITY COUNCIL
J.T.BEAL
T.H.PERDUE
J.I.PERKINS
R.S.PRESTWOOD
D.F.STEVENS
C.D.THOMAS
July 12,2021 B.K.WILLIS
Mr.Daniel Boss,Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
2090 U.S. 70 Highway
Swannanoa,NC 28778-8211
Subject: REQUEST FOR REMISSION OR MITIGATION
OF CIVIL PENALITES RECEIVED
Notice of Violation and Assessment of Civil Penalties
For Violations of NC General Statute(G.S.) 143-215.1(aX6) 1`I I 20 Z02.1
And NPDES WW Permit No.NC0023981
City of Lenoir NcDEQID�IRINPDES
Case No.LV-2021-0146
Caldwell County
Dear Mr.Boss,
The City of Lenoir respectfully requests remission of the civil penalties and enforcement costs in the
amount of$3,527.20 for the NOV and Assessment of Civil Penalties dated June 15,2021 and referenced
above. The request is made under the provisions in NCGS 143B-282.1(c).
On October 6th one of the plant's two aeration basins was taken offline to make an air leak repair. The
other basin was kept online but with older airlines the ORC was worried about turning up the air on the
one basin for fear of rupturing those lines which would cause that basin to be out of commission as well.
The basin was refilled and operational by October 9t. During those few days the ammonia levels
exceeded the permit limit of 6.0 mg/1 for weekly and monthly permit limit of 2.0 mg/I as well. With a
weekly average result being 7.85 mg/1 and the monthly average result being 2.91.
The week following the incident demonstrates that the aeration basin being back online had resolved the
issues with ammonia levels exceeding the permit limits:
October 12- <0.5 mg/1
October 13- 0.67 mg/1
Lenoir Lenoir
maeroan keg
I I I I r POST OFFICE BOX 958 • LENOIR, NORTH CAROLINA 28845-0958 • [phone] 1IIIIr
2008 I I

October 14- <0.5 mg/1
October 15 - <0.5 mg/1
October 16— 1.7 mg/1
Plant operations staff promptly responded to the air leak in the basin and resolved the issue as quickly as
possible. It is unfortunate that the violations occurred however the quick response by the operators may
have avoided a more prolonged period of non-compliance. There are several projects identified in the
Utilities Department CIP to address the aging facilities at the Lower Creek WWTP. We have already
begun the renovations at the plant with a$4.5 million project for the replacement of the belt press,
installation of a state of the art sludge drying system and sludge tank renovations.
Your consideration of this request for remission is greatly appreciated.
Sincerely,
Rad rd L. Thomas
Director of Public Utilities
Cc: Attn: Wastewater Branch
Division of Water Resources
1617 Mail Services Center
Raleigh,NC 27699-1617
Mr. Scott Hildebran—Lenoir City Manager
Mr.Tim Heim—Ashville Regional Office

DocuSign Envelope ID:F73D3638-047D-4F39-9356-B6F29E57D482
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0146 County: Caldwell
Assessed Party: City of Lenoir
Permit No.: NC0023981 Amount Assessed: $3,527.20
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:

DocuSign Envelope ID:F73D3638-047D-4F39-9356-B6F29E57D482
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Lenoir )
Lower Creek WWTP )
)
PERMIT NO.NC0023981 ) CASE NO. LV-2021-0146
Having been assessed civil penalties totaling$3,527.20 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 15,2021,the undersigned,desiring to seek remission of the civil penalty,does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days
from the receipt of the notice of assessment. ----��
This the J�, day of ,f�1 ,20 )-1
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� SIGNATURE
RECEIVED
2 0 2021 ADDRESS
pWRINPDES ()1
NCDECI qc-
TELEPHONE
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DocuSign Envelope ID F73D363$-047D-4F39-9356-B6F29E57D482
ATTACHMENT A
City of Lenoir
CASE NUMBER: LV-2021-0146
PERMIT: NC0023981 REGION: Asheville
FACILITY: Lower Creek WWTP COUNTY: Caldwell
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
10/10/2020 10-2020 Nitrogen,Ammonia 5 X week mg/I 6 7.85 30.9 Weekly $2,400.00
Total (as N)- Average
Concentration Exceeded
10/31/2020 10-2020 Nitrogen,Ammonia 5 X week mg/I 2 2.91 45.7 Monthly $1,000.00
Total(as N)- Average
Concentration Exceeded