NC0020389_Remission Request (LV-2021-0132)_20210727

OF Bfiys
MAYOR
JERRY M MEDLIN ~ TOWN MANAGER
* / * FREDERICK NELSON
MAYOR PRO-TEM
CASANDRA P STACK y �Y r ?� ASSISTANT TOWN MANAGER
KIMBERLY PICKETT
COMMISSIONER Afit CARO
MAXINE HOLLEY TOWN CLERK
TOWN OF BENSON
JAMES D. JOHNSON ANGELA THORNTON
DEAN MCLAMB P.O. BOX 69
WILLIAM NEIGHBORS 303 EAST CHURCH STREET TOWN ATTORNEY
DR R. MAX RAYNOR BENSON, NC 27504 R ISAAC PARKER
[phone]
FAX[phone]
www.townofbenson.corn
July 19, 2021
Wastewater Branch RECEIVED
Division of Water Resources G V
1617 Mail Service Center 27 2021
Raleigh, NC 27699-1617
SUBJECT: Notice of Violation Case No. LV-2021-0132 NCDEQ/DWRINPDES
To whom it may concern:
This letter is to request remission or mitigation of civil penalty associated with the subject
case for the Town of Benson.
The Town submitted a letter in March identifying that the facility has exceeded 80% of the
facilities permitted flow capacity. Our system has experienced an increase in flow of nearly
17% in the 12-month average beginning in February 2020. These increases are directly
correlated with above average rainfall totals and a significant increase in flows from a
manufacturer of health and sanitation products as a result of Covid-19. Inversely, we have
seen decrease in flows over the past couple months. Our facility recorded average flow of
less than 1.0 MGD in the month of April 2021.
The Town is in progress to assess flows and operations at our treatment facility through an
Engineering Alternatives Analysis, and address deficiencies in the collections system as
identified in our Asset Management Plan. Coupled with daily work to address I/I influences in
collection system, we fully anticipate these work items to generate improvements in regards
to treatment flows.
Over the past few years, the Town has invested in our facilities and staff to help ensure
compliant operations. Our wastewater treatment facility has provided exceptional treatment
of all flows, even during high-flow periods. Treatment has been thorough and consistent,
such that Reduced Monitoring was granted in our recent NPDES permit renewal.

The Town respectfully requests that you consider conditions outside of our control along with
our recent performance and planned improvements as justification to remit or mitigate the
assessed civil penalty.
If you have any questions, please contact Tim Robbins, Director of Public Works and Utilities
at [phone] or trobbins(a�townofbenson.com.
Sincerely,
Fred Nelson
Town Manager
cc: Kim Pickett, Asst. Town Manager
Tim Robbins, Director of Public Works and Utilities
Brian Leavitt, Wastewater Treatment Superintendent/ORC
Jerry Medlin, Mayor
file

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0132 County: Johnston
Assessed Party: Town of Benson
Permit No.: NC0020389 Amount Assessed: $1,036.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver ofRight 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Benson )
Benson WWTP )
PERMIT NO.NC0020389 ) CASE NO. LV-2021-0132
Having been assessed civil penalties totaling$1,036.57 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated May 25.2021,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 f day of �� y , 20 2 I
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SIG TURF
RECEIVED ADDRESS
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NCDEQIDWRINPD
TELEPHONE
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ATTACHMENT A
Town of Benson
CASE NUMBER: LV-2021-0132
PERMIT: NC0020389 REGION: Raleigh
FACILITY: Benson WWTP COUNTY: Johnston
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
2/28/2021 2-2021 Flow,in conduit or thru Continuous mgd 1.90 2.47 30.1 Monthly $1,000.00
treatment plant Average
Exceeded