HomeMy WebLinkAboutNC0021881_LV-2021-0305 Response_20211118 42
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ON THE SHORES OF NORTH CAROLINA'S LARGEST NATURAL LAKE i '
P.O.Box 145
Lake Waccamaw,North Carolina 28450 •�
(910)646-3700 i''
(910)646-3860 Fax P
email: Iwtownmanagerl embargmail.com Member N.C. League of Municipalities
November 12, 2021
NC DEQ/DWR
RECE VED
Wastewater Branch Division of Water Resources NOV 1 8 (u�i
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 NCDEQ/�WRJNPD
Subject:NOV Response
tS
Case No. LV-2021-0305
Lake Waccamaw WWTP
NPDES Permit No. NC0021881
Columbus County
Dear Wastewater Branch,
The Town of Lake Waccamaw is in receipt of your NOV&Assessment of Civil Penalty dated
October 29, 2021. The NOV is for exceeding the weekly limit of Fecal Coliform at the effluent of
our WWTP. We are requesting that no civil penalty be assessed to the Town. We offer the
following comments in support of our request:
The Town's ammonia readings were elevated the second week of the month.The Town, at the
time, believed the readings to be caused by heavy rainfall and high flow readings the day of
sampling. The Town uses a contract lab for ammonia readings; therefore, the Town was not
aware there was an elevated ammonia reading on the third week of sampling until the
following week. As soon as the Town was aware there was a problem Town staff began looking
for the cause.After several extra samples were taken and sent to lab, the Town discovered that
the disinfection contact chamber needed to be pumped out.The Town immediately contacted
a contractor and the contact chamber was cleaned.The Dissolved Oxygen is believed to have
been low due to the ammonia readings being elevated. The ammonia readings returned to well
within acceptable limits as well as DO. There have been no further problems and there was no
negative economic impact.
We thank you for your consideration of this matter. If you have any questions or comments,
please call Kevin Powell at 910/625-9771.
Sinc ly,
Damon Ke pski,Town Ma ager
Town of Lake Waccamaw
DocuSign Envelope ID.92C3122F-B8FA-48CF-97CE-7406 9 1 564DE3
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0305 County: Columbus
Assessed Party: Town of Lake Waccamaw
Permit No.: NC0021881 Amount Assessed: $897.75
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. 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);
1 /
v (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:
See- -ack e;d doc u.merl+
DocuSign Envelope ID.92C3122F-B8FA-48CF-97CE-7406 9 1 564DE3
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Lake Waccamaw )
Lake Waccamaw WWTP )
)
PERMIT NO.NC0021881 ) CASE NO. LV-2021-0305
Having been assessed civil penalties totaling$897.75 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated October 29. 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 "1-w e-1 day of 6 ue ,20 Z/l
SIGNATU E
ADDRESS
PO BOA N 15
[.AkL Waecarnaw NC, 2,ri~)
TELEPHONE
DocuSign Envelope ID:92C3122F-B8FA-48CF-97CE-740691564DE3
ATTACHMENT A
Town of Lake Waccamaw
CASE NUMBER: LV-2021-0305
PERMIT: NC0021881 REGION: Wilmington
FACILITY: Lake Waccamaw WWTP COUNTY: Columbus
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
7/17/2021 7-2021 Nitrogen,Ammonia Weekly mg/I 6 6.3 5.0 Weekly $0.00
Total(as N)- Average
(.;uricentration t,cct u
7/31/2021 7-2021 Nitrogen,Ammonia Weekly mg/I 2 3.87 93.3 Monthly $750.00
Total(as N)- Average
Concentration Exceeded
7/14/2021 7-2021 Oxygen, Dissolved Weekly mg/I 5 4.6 -8.0 Daily $0.00
(DO) Minimum Not
Reached
7/29/2021 7-2021 Oxygen, Dissolved Weekly mg/I 5 4.7 -6.0 Daily $0.00
(DO) Minimum Not
• Reached