NC0036935_LV-2020-0085 CEI Remission Factors_20200406

DocuSign Envelope ID: 88E5CAC0-8999-423C-814D-D48124F7610E
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0085 Region: Asheville County: Burke
Assessed Entity: Pine Mountain Lakes WWTP Permit: NC0036935
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: TSS violations were due to colder weather in October 2019, causing "the clarifier
blanket to turn over", which "caused the release of solids." "Additional treatment of Alum and Soda
Ash, as well as maintenance on the sludge return pump" resolved the violations. Fecal coliform
violations due to "heavy rains in the area on the 10t' of October". Disinfection was increased "and
fecal levels returned to normal the following week."
DWR Response: ARO states that permittee doesn't make sense based on facility design, given the
presence of large polishing pond. Pond would have mitigated both fecal and solids in the effluent. No
evidence of heavy rain found by ARO. Facility was also non -compliant for November 2019 (BOD
and TSS violations) and will receive a CPA shortly. NO REMISSION recommended.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied �
Full Remission El Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission ❑
or $
$900.00
(amount remitted)
Subtotal $900.00
Retaining Enforcement Costs $136.45
Total Revised Assessment
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8328B44CE9EB4A1...
$1,036.45
4/6/2020
S. Daniel Smith Date