NC0023981_LV-2021-0146 Civil Penalty Remission Request_20210812

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 12, 2021
CERTIFIED MAIL ITEM 7018 1830 00018037 2148 - RETURN RECEIPT REQUESTED
Mr. Radford L. Thomas
Director of Public Utilities
P.O. Box 958
Lenoir, NC 28645-0958
SUBJECT: CIVIL PENALTY REMISSION_ REQUEST
Lower Creek WWTP
Permit NC0023981
Case LV 2021-0146
Caldwell County
Dear Mr. Thomas:
I have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the
original civil penalty assessment which totals $3,527.20.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests will be delivered to the North Carolina Environmental
Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final
agency decision.
If you desire to make an oral presentation to the Committee on why your requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
D_EQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mali Service Center I Raleigh, North Carolina 27699-1617
919i07.9000North Carolina

NC0023981 Remission Decision
Page 2 of 3
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
Since-ely,
c616(4--
S. Daniel Smith
r Director, Division of Water Resources
cc: NPDES file
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• Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
City of Lenoir
Attn: Radford L Thomas
PO 8 A 958
Lenoir NC 28645-0958
IIIIIIIIIIlls111l111IIIII,IIIIIIIII1I IIIIIII
9590 9402 3951 8060 0169 97
7018 1830 0001
8037 2148
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AUG 2 6 2021
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DocuSign Envelope ID: E9BDB5A5-0054-4805-BB5E-FE1E479E18B9
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0146 Region: Asheville County: Caldwell
Assessed Entity: Lenoir — Lower Creek WWTP Permit: NC0023981
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
▪ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: One of the WWTP's two aeration basins was taken offline to repair an air leak. The
remaining basin had older air lines and the ORC was worried about a rupture if too much pressure
was used in them. Limit violation occurred due to the aeration basin being offline. Plant returned to
compliance after aeration basin was restarted.
DWR Response: Recommend no remission as this appears to be a result of chronic deferred
maintenance. Proper O&M would have prevented this violation.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied •
Full Remission ❑ Retain Enforcement Costs? Yes • No ❑
Original Penalty (without Enforcement Costs) $3,400.00
Partial Remission❑ 0% or $0.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
—DocuSigned by:
'— 8328B44CE9EB4A1...
$3,400.00
$127.20
$3,527.20
8/11/2021
S. Daniel Smith Date

Cm MANAGER
SCOTT E HILDEBRAN
Lenoir
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1IIII'
2008
July 12, 2021
CITY OF LENOIR
NORTH CAROLINA
Mr. Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
2090 U.S. 70 Highway
Swannanoa, NC 28778-8211
Laserfiche
Subject: REQUEST FOR REMISSION OR MITIGATION
OF CIVIL PENALITES
Notice of Violation and Assessment of Civil Penalties
For Violations of NC General Statute (G.S.) 143-215.1(a)(6)
And NPDES WW Permit No. NC0023981
City of Lenoir
Case No. LV-2021-0146
Caldwell County
Dear Mr. Boss,
MAYOR
JOSEPH L. GIBBONS
CRY COUNCIL
J. T. BEAL
T. H. PERDUE
J. I. PERKINS
R. S. PRESTWOOD
D. F. STEVENS
C. D. THOMAS
B. K. WILLIS
'DECEIVED
20 2021
NCCEQICWRINP°ES
The City of Lenoir respectfully requests remission of the civil penalties and enforcement costs in the
amount of $3,527.20 for the NOV and Assessment of Civil Penalties dated June 15, 2021 and referenced
above. The request is made under the provisions in NCGS 143B-282.1(c).
On October 6th one of the plant's two aeration basins was taken offline to make an air leak repair. The
other basin was kept online but with older airlines the ORC was worried about turning up the air on the
one basin for fear of rupturing those lines which would cause that basin to be out of commission as well.
The basin was refilled and operational by October 9th. During those few days the ammonia levels
exceeded the permit limit of 6.0 mg/1 for weekly and monthly permit limit of 2.0 mg/1 as well. With a
weekly average result being 7.85 mg/1 and the monthly average result being 2.91.
The week following the incident demonstrates that the aeration basin being back online had resolved the
issues with ammonia levels exceeding the permit limits:
October 12- <0.5 mg/1
October 13- 0.67 mg/1
POST OFFICE BOX 958 • LENOIR, NORTH CAROLINA 28645-0958 • [phone]
Lenoir

October 14 - <0.5 mg/1
October 15 - <0.5 mg/1
October 16 — 1.7 mg/1
Plant operations staff promptly responded to the air leak in the basin and resolved the issue as quickly as
possible. It is unfortunate that the violations occurred however the quick response by the operators may
have avoided a more prolonged period of non-compliance. There are several projects identified in the
Utilities Department CIP to address the aging facilities at the Lower Creek WWTP. We have already
begun the renovations at the plant with a $4.5 million project for the replacement of the belt press,
installation of a state of the art sludge drying system and sludge tank renovations.
Your consideration of this request for remission is greatly appreciated.
Sincerely,
Radford L. Thomas
Director of Public Utilities
Cc: Attn: Wastewater Branch
Division of Water Resources
1617 Mail Services Center
Raleigh, NC 27699-1617
Mr. Scott Hildebran — Lenoir City Manager
Mr. Tim Heim — Ashville Regional Office

DocuSign Envelope ID: F73D3638-047D-4F39-9356-B6F29E57D482
Case Number: LV-2021-0146
Assessed Party: City of Lenoir
Permit No.: NC0023981
JUSTIFICATION FOR REMISSION REQUEST
County: Caldwell
Amount Assessed: $3,527.20
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);
(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:

DocuSign Envelope ID: F73D3638-047D-4F39-9356-B6F29E57D482
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Lenoir
Lower Creek WWTP
PERMIT NO. NC0023981
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2021-0146
Having been assessed civil penalties totaling $3,527.20 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
RECEIVED
JUL 20 202.1
NCDEQIDWRINPDES
day of
ADDRESS
AP, .Rax 9 rg
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TELEPHONE

DocuSign Envelope ID:. F73D3638-047D-4F39-9356-B6F29E57D482
ATTACHMENT A
City of Lenoir
CASE NUMBER: LV-2021-0146
PERMIT: NC0023981
FACILITY: Lower Creek WWTP
REGION: Asheville
COUNTY: Caldwell
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
10/10/2020 10-2020 Nitrogen, Ammonia 5 X week mg/I 6 7.85 30.9 Weekly $2,400.00
Total (as N) - Average
Concentration Exceeded
10/31/2020 10-2020 Nitrogen, Ammonia 5 X week mg/I 2 2.91 45.7 Monthly $1,000.00
Total (as N) - Average
Concentration Exceeded