NC0020290_Remission Request (LV-2021-0150)_20210727

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DocuSign Envelope ID:77D4B4EB-29A3-4F56-BAE6-A300820D2364
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 WWTP )
)
PERMIT NO.NC0020290 ) CASE NO. LV-2021-0150
Having been assessed civil penalties totaling$1,727.20 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.
This the 94 S day of jz,t4), ,20
SIGNATURE
ADDRESS
RECEIVED /t.rkKove ,Vc 7i �(
272021
NCDEQIDWRINPDES
TELEPHONE
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DocuSign Envelope ID.77D4B4EB-29A3-4F56-BAE6-A300820D2364
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0150 County: Yancey
Assessed Party: Town of Burnsville
Permit No.: NC0020290 Amount Assessed: $1,727.20
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
form torequest remission civil penalty.
Waiver ofRight to an Administrative Hearing, and Stipulation of Facts" o equesofthis pe ty
g'
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;
iZ(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:
See, CI1vY1-eV4s

Town of Burnsville
WW Permit No. NC002090
Case No. LV-2021-0150
The Town of Burnsville respectfully request a remittance in the amount of$1,727.20 in the
above referenced case file.
The DMR which showed an elevation beyond permitted discharge limitations during the month
of October, 2020 occurred during a time period where the .3 treatment train was incapacitated
and under repair leaving the .5 treatment train to carry the load. The Town contributed
$525,000.00 of savings for the rehabilitation and repair of the treatment train.
Additionally, heavy rain events and I and I issues contributed the elevated levels during October
2020.
The rehabilitation and repairs to the .3 treatment train were completed and the plant was
restored to treatment capacity in November 2020 and the plant has operated within permitted
parameters.
The Town is diligently working to identify and repair issues at the plant and within the
collection system. We have worked closely with our Regional DEQ representatives to keep
them advised of efforts by Town staff and hired engineers used to deal with the multiple issues.
Certainly any funds that can be saved in fines or fees can be put to better use to address the
remedial actions needed to ensure the system operates properly.
Attached please find a letter from Quality Water Labs regarding their findings.
Respectfully submitted,
Heather Hockaday
Administrator, Town of Burnsville

Water Quality Lab & Operations, Inc.
P.O. Box 1167/ 1522 Tynecastle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax [phone]
July 20, 2021
Heather Hockaday, Esq.
Via E-mail To: l hockadavr!townotburnsville.org
Re: Burnsville WWTP, Case No. LV-2021-0150
Dear Ms. Hockaday:
Concerning the above-noted NOV, we believe the exceedance was caused by a
combination of increased flows due to inflow and infiltration (I&I) from rainwater as
well as the plant's reduced capacity for the time in question. During the period that the
violation occurred, only half of the plant was operational while the other half was
undergoing repair. The part of the plant in operation was rated at 0.5mgd in capacity.
We believe that the I&I diluted the good bacteria in the plant; compliant BOD are highly
dependent upon the presence of good bacteria within the wastewater plant. In September,
flows were higher than October; this likely means that the I&I masked the reduction in
good bacteria until the flows had decreased in October. We believe the good bacteria
washed away by the I&I was replenishing through the month of October; replenishing
good bacteria may take a considerable amount of time.
Data from the month of November 2020 supports the above, as the Discharge Monitoring
Report for that month indicates compliance with BOD and other monitoring parameters,
despite the flows exceeding the capacity of the plant that was in operation at the time.
Thank you for your time and assistance; if we can provide anything further, please do not
hesitate to contact us.
Sin ly,
aul Isenhour
President