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Home My WebLink AboutWQ0023261_Remission (Request)_20210715July 15, 2021 Wastewater Branch NCDEQ, Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Request for Remission of Civil Penalties Permit No. WQ0023261 Swansboro Wastewater Treatment Plant Wastewater Branch Personnel: ___4%4 �� ONWASA onwasa.com 228 Georgetown Rd Jacksonville, NC 28540 This letter is sent to formally request remission of civil penalties associated with a Notice of Violation (Case Number LV-2021-0176) issued by the Division of Water Resources to the above -referenced facility for violation of operating permit limits during March 2021. While the Onslow Water and Sewer Authority (ONWASA) does not dispute the specific violations listed in the NOV, as they were self -reported, immediate action was taken upon discovery of the non -compliant samples to minimize any environmental impact and identify/correct potential cause(s). This included temporarily routing of effluent flow to an on -site holding pond for re -treatment prior to discharge, increasing the performance level of the plant's existing ultraviolet (UV) disinfection system, and hand -cleaning portions of the plant's treatment works. Cleaning work was again completed in April to address two additional Total Suspended Solids (TSS) permit violations, however for the month of May the plant was compliant in all areas. Notification of permit violations and recovery efforts to date have been communicated to NCEDQ-DWR Wilmington Regional Office staff as appropriate. In addition to this information, I would offer that use of the upset pond to hold the effluent revealed damage to a portion of the liner material. While not directly related to the permit violations, a total of $5,974.00 was spent by ONWASA to make that repair. A copy of the contractor's invoice for this work is attached. Please feel free to contact me directly at (910) 937-7521 or dmohr onwasa.com if you have any questions or need additional information regarding this request. Sincerely, David M. Mohr, P.E. Chief Operations Officer Enclosure C: Seth Brown, Treatment Plant Operations Administrator Mark Young, Swansboro WWTP ORC. DocuSign Envelope ID: 64468DE4-7324AOD3-BD4C-76D5081F05C7 Case Number: LV-2021-0176 County: Onslow Assessed Party: Onslow Water and Sewer Authority Permit No.: WQ0023261 Amount Assessed: $2,140.56 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. 14313-282.1(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: While the Onslow Water and Sewer Authority (ONWASA) does not dispute the specific violations listed in the NOV, as they were self -reported, immediate action was taken upon discovery of the non -compliant samples to minimize any environmental impact and identify/correct potential cause(s). This included temporarily routing of effluent flow to an on -site holding pond for re -treatment prior to discharge, increasing the performance level of the plant's existing ultraviolet (UV) disinfection system, and hand -cleaning portions of the plant's treatment works. Cleaning work was again completed in April to address two additional Total Suspended Solids (TSS) permit violations, however for the month of May the plant was compliant in all areas. Notification of permit violations and recovery efforts to date have been communicated to NCEDQ-DWR Wilmington Regional Office staff as appropriate. In addition to this information, I would offer that use of the upset pond to hold the effluent revealed damage to a portion of the liner material. While not directly related to the permit violations, a total of $5,974.00 was spent by ONWASA to make that repair. A copy of the contractor's invoice for this work is attached. 1poHESAPEAKE 2690 D Salisbury Highway Statesville, NC 28677 (o) 704.208.3440 E FEIN 20-8372336 Bill To: Onslow Water and Sewer Authority Swansboro WRF, 199 Williams Rd Swansboro, NC 28584 Project 21301.11-) ONWASA Repair Quantity I Unit RECENWED BY RNANCE Invoice MAY T, 0 '2021 Date Invoice # 5/5/2021 21206 Description Terms P.O. No. Due Date' Net45 9295 ''.6/19/2021 ,. Rate Amount Supply and repair hole in existing 60mil liner, replacing batten bar as needed. 1 LS Mobilization Lump Sum 1 Daily Supervisor 2 Daily Technician/QC 1 Daily Vehicle(s) 6 Daily Hotel & Perdiem (per man/night including mobilization night) 1 Daily Small Equipment Package 1 LS Supply 60 mil HDPE geomembrane, weld rod, batten bar with accessories to complete repair Invoice Subtotal NC Sales Tax Please remit to: Via ACH: Routing #021052053 / Account #48967875 Via Mail: Chesapeake Containment Systems, Inc. Attn: Accounts Receivable 2690 D Salisbury Highway, Statesville, NC 28677 Click here for a copy of our W-9: https://www.ccsliners.com/W9 750.00 750.00 1 i075.00 1,075.00 795.00 1,590.00 165.00 165.00 155.00 930.00 775.00 775.00 689.00 689.00 7.00% Total Payments/Credits 5,974.00 9,�W77418.18 13V-6 $6,392.18 $0.00 Balance Due ` 2 I,$6t391.8 DocuSign Envelope ID. 64468DE4-7324-4OD3-BD4C-76D5081F05C7 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF ONSLOW IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Onslow Water and Sewer Authority ) Swansboro WWTP ) PERMIT NO. WQ0023261 ) CASE NO. LV-2021-0176 Having been assessed civil penalties totaling $2,140.56 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 06, 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 15- g_ _ day of ju L- 20 J_J_A lv�� , PE SIGNATURE i ADDRESS o ow-m-rZ A it4p : nn eka .4 o(Z) T-r' TELEPHONE �9� ) I37-7SZ /