WQCS00143_DV-2021-0101 Remission Request_20210720

DocuSign Envelope ID:86C6DA44-0294-4928-867B-1684E91102B9
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF YANCEY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Burnsville )
Burnsville Collection System )
)
PERMIT NO.WQCS00143 ) CASE NO. DV-2021-0101
Having been assessed civil penalties totaling$3,627.20 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. 1
This the / l[1 day of ,20 a
`76�-Z��' ,
RECEIVED SIGNATURE
JUL 2 0 2021
ADDRESS
NCDEQ/DWRINPDES p 0 x 9 1
TELEPHONE r�
b0
2 ( — ouf /d-b

DocuSign Envelope ID:86C6DA44-0294-4928-867B-1684E91102B9
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0101 County: Yancey
Assessed Party: Town of Burnsville
Permit No.: WQCS00143 Amount Assessed: $3,627.20
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:
S ee at- ek

Town of Burnsville NC RECEIVED
Permit No. WQCS00143 ,UL 20 2°21
Case No.: DV-2021-0101
Incident No. 202003549 NCDEQ1DWRIMPDES
The Town of Burnsville respectfully request a remittance in the amount of$3,627.20 in the
above referenced case file.
On Sunday morning December 27, 2020 Town crews were alerted through the SCADA system of
an equipment failure at the OMC Pump Station which is the main pumping station for the
Town's collection system. The crew responded immediately and upon visual inspection found a
hole busted out in the volute. The unusual release of water from the hole caused the flooding
of both pumps resulting in their failure to operate. Unfortunately, the spare pump was
unavailable at the time due to it being out for repairs. Prior to the alert no pump showed above
normal run times. The crew employed a large sump pump in the dry pit and pumped the water
out. When the pumps had sufficiently dried the one undamaged pump was able to be restarted
and put back into operation. Crews worked diligently to mitigate the spill and get the pumping
system back in operation as quickly as possible.
At the time of this SOS, the OMC Pump Station was scheduled for a complete replacement for a
number of years. Due to project issues beyond the control of the Town the work was not
successfully bid until September 17, 2020. The work on the installing the new pumps was then
additionally delayed due to pump procurement and shipping delays due to the Covid-19
pandemic. The project was funded through an SRF Loan to the Town in the amount of
$1,142,750.00 million dollars. As of the date of this response the new pumps have been
installed and are currently in service.
The Town request this remittance in light of the fact that timely efforts were taken to manage,
control and stop the spill by Town forces at cost to the Town. And payment on the debt service
taken on by the Town to replace the aging and damaged pumps is a significant cost burden to
the Town's enterprise fund.
Respectfully submitted,
Heather Hockaday
Administrator Town of Burnsville