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HomeMy WebLinkAboutWQ0002519_Response to Notice_20161007 (2)P ETCII1IETT Et JL CPLLC ATTORNEYS AT LAW 101 LAWYERS LANE — POST OFFICE DRAWER 100 — WINDSOR, NC 27983 Telephone (252) 794-3161- Facsimile (252) 794-2392 E-mail: (smith©windsorlaw.com LLOYD C. SMITH, JR. * + JONATHAN E. HUDDLESTON LLOYD C. (CLIF) SMITH, III PEGGY T. SMITH *Certified Mediator +Certified Family Financial Mediator Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ 943 Washington Square Mall Washington, NC 27889 Dear Mr. Tankard, J.A. PRITCHETT (1897-1986) WILLIAM W. PRITCHETT, JR. (1944-2001) RECEIVED/NCDENR/DWR October 7, 2016 OCT 12 2016 Water Quality -Regional Operations Section Washington Regional Office I hope this letter finds you well. I am responding on behalf of the Minzies Creek Sanitary District, to the Notice of Violations, served upon them dated, June 6, June 14, June 28 and August 2 respectively. Without going into detail on each of the alleged violations, my client is not in a position to deny the violations found in the various Non -Discharging Reports.' Clearly, we all are aware of the various issues that face the treatment plant on site, and the noticed violations, while not intentional on the part of my client were more than likely unavoidable based upon the circumstances that existed at the time the violations occurred. Following the meeting between our board and yourself, I believe the district now has a better understanding of the active role it must take in trying to limit the potential for future discharge violations. To that end I am attaching a list of items and repairs our ORC has identified as necessary to prevent discharge violations in the future or at least until a new plant or plan can be completed. At the current moment there is $2700, for said repairs. The Board is setting aside money each month to create a fund balance which will allow the board to make the remaining repairs and keep pace, with any other repairs that will arise in the future. The board has included an extra $3600.00 in the 2016-2017 proposed budget for maintenance and repairs. With the money on hand we currently are in the process of completing items on the attached list numbered 1, 3 and 4. It is our intent to perform a smoke test on the sewer pipes to test for infiltration within the coming month. Obviously we are a small district which struggles to create a significant fund balance, but we intend to take all steps necessary to procure the funds necessary to keep us in compliance. We would ask you to consider the unique issues facing the district, particularly a lack of funding, when determining what if any fines to levy. It goes without saying any money that has to be paid in fines, is money taken away from repairs and maintenance. We thank you for your consideration, as well as all the support and guidance you have provided. It is the District's intent to continue working hand in hand with the State during this lengthy process. Yours very truly, f;aRCIB, PLLC 'Clif" Smith'I Zl/ 2 ITEM 1 Clean out Plant tanks 2 Trash Pump 2" port 5 year warranty 3 Blower Part Number- 49008 33-URAI 2" Port Horizontal Partition PROVIDER COST SCHEDULED COMPLETED Paul Hoffman Yes Blue Book $924.35 Blue Book $1,572.26 4 Myere Sump Pump for return tanl Electric Rewind $1,065.00 at Plant. 1 HP w/20' cord 3 phase 5 1 hp pump for Return tank total Spent on Maintanence Truck expenses Frontic Test Equiment water testing meter Grating replaced Electric Motor Rewing Lift pump repairs USABluebook Diaphram repair kit Replacemen tunit for bleach system $1,047.94 $4,609.55 $1,251.05 $155.91 $370.19 $1,045.00 $222.14 $976.95 $4, 021.24