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Home My WebLink AboutNC0069892_compliance (Remission_20200812 (4)DocuSign Envelope ID: 9B5C307D-1387-4747-B197-F470225C8703 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2020-0149 Region: Asheville County: Cherokee Assessed Entity: Andrews WTP Permit: NC0069892 ❑ (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: Permittee States: "The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6- 8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won' t let this happen again in the future." DWR Response: No valid cause for remission. This was operator error / incompetence. (c) Whether the violation was inadvertent or a result of an accident: (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) $200.00 Partial Remission El % or $ (amount remitted) Subtotal $200.00 Retaining Enforcement Costs $137.32 Total Revised Assessment $337.32 r--(DocuSigned by: `— 8328B44CE9EB4A1... 8/12/2020 S. Daniel Smith Date DocuSign Envelope ID: 9B5C307D-1387-4747-B197-F470225C8703 Weaver, Charles From: Heim, Tim Sent: Wednesday, August 5, 2020 3:14 PM To: Weaver, Charles; Willmer, Mikal Cc: Davidson, Landon Subject: RE: remission requests from Andrews 50% for the WWTP, they continue working on getting funding for upgrades (I wrote a grant support letter last week) and that plant is difficult to operate. They have made significant progress in the past 3 years but need to do more upgrade projects. Good ORC who does his best with what he has. No remissions for the WTP, that was operator incompetence. Let me know if you need anything else. Thanks Charles. -T From: Weaver, Charles Sent: Wednesday, August 5, 2020 3:00 PM To: Heim, Tim <Tim.Heim@ncdenr.gov>; Willmer, Mikal <mikal.willmer@ncdenr.gov> Subject: FW: remission requests from Andrews Importance: High Have you guys had time to consider responses for the Division's response to these 5? We'll be discussing them tomorrow. You can edit the documents if you want, or just send me your comments. As always, thanks for your help. CHW 1 DocuSign Envelope ID: 9B5C307D-1387-4747-B197-F470225C8703 The Town of Andrews Water treatment plant had a violation number NOV- 2020-0V-001 for the February -April 2020 DMR because we had a low PH on our discharge water. The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6-8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won't let this happen again in the future. Thank you, Nathan Crubaugh Town of Andrews ORC RECEIVED JUN 2 2 2020 NCDEQ/DWR/NPDES [ DocuSign Envelope ID: 9B5C307D-1387-4747-B197-F470225C8703 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0149 Assessed Party: Town of Andrews Permit No.: NC0069892 County: Cherokee Amount Assessed: $337.32 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). 1 (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: 9B5C307D-1387-4747-B197-F470225C8703 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WTP PERMIT NO. NC0069892 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2020-0149 Having been assessed civil penalties totaling $337.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 04, 2020, 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 154‘‘' day of I�NL ,20 aD RECEIVED JUN 2 2 2020 NCDEQ/DWR/NPDES SIGNATUR' C)G ADDRESS TELEPHONE ccsA8 -\ - i DocuSign Envelope ID: 9B5C307D-1387-4747-B197-F470225C8703 • ATTACHMENT A Town of Andrews CASE NUMBER: LV-2020-0149 PERMIT: NC0069892 REGION: Asheville FACILITY: Andrews WTP COUNTY: Cherokee LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter Unit of Limit Calculated % Over Violation Penalty Frequency Measure Value Value Limit Type Amount 4/20/2020 4-2020 pH 2 X month su 6 5 -16.7 Daily Minimum Not Reached $200.00 Docu • SECURED Certificate Of Completion Envelope Id: 9B5C307D13874747B197F470225C8703 Subject: Please DocuSign: NC0069892_Remission Decicion 0149_20200806.pdf Source Envelope: Document Pages: 6 Signatures: 1 Certificate Pages: 1 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Status: Completed Envelope Originator: Charles Weaver 217 W. Jones Street Raleigh, NC 27699 charles.weaver@ncdenr.gov IP Address: 149.168.204.10 Record Tracking Status: Original Holder: Charles Weaver 8/6/2020 11:15:37 AM charles.weaver@ncdenr.gov Location: DocuSign Signer Events Signature Timestamp John Hennessy john.hennessy@ncdenr.gov DWR DEQ Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign DocuSigned by "-8328B44CE9EB4A1... Signature Adoption: Uploaded Signature Image Using IP Address: 71.70.151.223 Sent: 8/6/2020 11:16:02 AM Viewed: 8/12/2020 10:17:18 AM Signed: 8/12/2020 10:17:37 AM Freeform Signing In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked 8/6/2020 11:16:02 AM 8/12/2020 10:17:18 AM 8/12/2020 10:17:37 AM 8/12/2020 10:17:37 AM Payment Events Status Timestamps