NC0031879_LV-2021-0139 Civil Penalty Remission Request_20210824

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 24, 2021
CERTIFIED MAIL ITEM 70181830 00018037 2179 - RETURN RECEIPT REQUESTED
Mr. J. Brant Sikes
Public Works Director
P.O. Drawer 700
Marion, NC 28752
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Corpening Creek WWTP
Permit NC0031879
Case LV-2021-0139
McDowell County
Dear Mr. Sikes:
I have considered the information submitted by your municipality in support of a request for remission
in the subject case. The protracted delay in getting the necessary parts for the drive unit was noted.
Therefore, in accordance with NCGS 143-215.6A (f), the civil penalty will be reduced by $500.00.
Your municipality is responsible is responsible for the remaining penalties and enforcement costs, which
total $624.43.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) clays of
receipt of this letter. Please make the check 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000 North Carolina

NC0031879 Remission Decision
Page 2 of 3
made. Otherwise, the final decision on your request for remission will be made by the Committee based
on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Mr. Weaver at [e-mail].
Sincerely,
140
for S. Daniel Smith
Director, Division of Water Resources
cc: NPDES file
SENDER: COMPLETE THIS SECTION
M`
Complete. items 1, 2,atd 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 Marion
Attn: J. Brant Sikes, Public Works Dir.
r x) Drawer 700
Marion, NC 28752
111111111111
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7018 1830 0001
COMPLETE THIS SECTION ON DELIVERY
Is . elivery
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Blow: ■ No
SEP 01 2021
NCDEQIDWRINPDES
8037 2179
PS Form 3811, July 2015 PSN 7530-02-000-9053
3. Service Type
❑ Adult Signature
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n Delivery Restricted Delivery
lail
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DocuSign Envelope ID: 38137D5F-E872-4258-A066-6O61ACC9BCAE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0139 Region: Asheville County: McDowell
Assessed Entity: Marion — Corpening Creek WWTP Permit: NC0031879
❑ (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:
1111 (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Town had only one secondary clarifier in operation due to unavailable part needed
to repair second clarifier. Heavy rain on 3/6/2021 and 4/1/2021 hydraulically overloaded the one
working clarifier and solids were lost in the effluent. Drive unit replacement for second clarifier will
not be available until mid -August. Due to equipment failure, violation could not be prevented.
DWR Response: O&M should have prevented the violation, but the delay in getting the drive unit
was unexpected. Some remission is warranted.
❑ (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 (Cheek One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $1,000.00
Partial Remission❑ 50% or $500.00 (amount remitted)
Subtotal $500.00
Retaining Enforcement Costs $124.43
Total Revised Assessment
DocuSignedill: ,, by:
8328644CE9EB4A1...
S. Daniel Smith
$624.43
8/23/2021
Date

CITY OF MARION
P. O. Drawer 700
Marion, North Carolina 28752
July 7.2021
Mr. Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources. NCDEQ
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Dear Mr. Boss:
OFFICE OF
THE PUBLIC WORKS DIRECTOR
€CEI VED
{Ci t 4 2O2
NCDEQ/owRvNPOEE
Subject: Request for Remission of Civil Penalty
Case No. LV-2021-0139
NPDES Permit No. NC0031879
Corpening Creek WWII -
City of Marion
McDowell County
The City of Marion respectfully requests remission of the civil penalty assessed in Case Number LV-
2021-0139. Please find the following items enclosed:
• Waiver of Right to an Administrative Hearing and Stipulation of Facts form
• Justification for Remission Request form
• Attachment to the Justification for Remission Request ionr.
• Copy of the letter (dated 6/7/21) submitted in response to the NOV and Intent to Assess Civil
Penalty dated 5/27/21.
Your consideration of our request is greatly appreciated. If you have any questions or require additional
information, please contact me at [phone] or ikeseinai g. Thank you in advance for
your time and consideration.
Sincerely.
J. Brant Sikes
Public Works Director
se: Bob Bovette. City Manager
Tim Horton. WWTP Superintendent/ORC
Wastewater Branch. Division of Water Resources. 1 617 Mail Seri ice Center. Raleigh. NC 27699

❑bcuSign Envelope Pa 739C4893-AC48-4A73-8D81-EDF9C76C0788
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MA 1'1ER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Marion
Corpening Creek WWTP
PERMIT NO. NC0031879
)
)
)
)
) CASE NO. LV-2021-0139
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Having been assessed civil penalties totaling $1.124.43 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 10.2021, 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 -h day of
RECEIVED
JUL 142021
NCDEQ/DWR/NPDES
SIGN
.20 2-
6+4 Pililr,oer
ADDRESS
Q_ DrctwQr" -7694
N 2:€5-2s2.
TET.RPHONE
(0 2_ ) }

DocuSign Envelope ID: 73BC4893-AC48-4A73-8D81-FDF9C76C078B
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0139
Assessed Party: City of Marion
Permit No.: NC0031879
County: McDowell
Amount Assessed: $1,124.43
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. § I43B-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);
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:
PIese See— 0714 4-

ATTACHMENT TO JUSTIFICATION FOR REMISSION REQUEST
(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).
The violation was unavoidable and could not be prevented because only one secondary
clarifier was operable at the WWTP when high flows passed through the plant during
heavy rain events that occurred on 3/26/21 and 4/1/21. The one secondary clarifier that
was in operation was hydraulically overloaded and solids were lost in the effluent, despite
the efforts of staff to operate in accordance with the high flow SOP.
Only one secondary clarifier was operable during the rain events mentioned above
because the other secondary clarifier was (and still is) out of service awaiting a drive unit
replacement. The drive unit has totally failed and is not repairable. It must be replaced.
The City has been working diligently since the drive failed to get it replaced. A new
drive unit was ordered in mid -March, 2021, but cannot be shipped until approximately
mid -August. The City has contracted with Kemp Construction to install the new drive
unit as soon as possible after it is received. We were initially told, by the manufacturer's
representative, that we could expect to receive the new drive unit in mid to late July, but
we were recently informed that shipment of the unit has been pushed back until
approximately mid -August.
I have attached a copy of the letter I submitted in response to the NOV and Intent to
Assess Civil Penalty dated 5/27/21. I believe the response letter further demonstrates
why the violation was unavoidable and something we could not prevent.

CITY OF MARION
P. O. Drawer 700
Marion, North Carolina 28752
June 7, 2021
Mr. Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section, NCDEQ
Asheville Regional Office
2090 U.S. Hwy 70
Swannanoa, NC 28778
Subject:
Dear Mr. Boss.
OFFICE OF
THE PU®UC WORKS DIRECTOR
Notice of Violation
Tracking #: NOV-2021-LV-0408
Permit NO. NC0031879
Corpening Creek WWTP
McDowell County
1 am writing in response to your letter dated May 27, 2021 and received by the City of Marion on
June 3, 2021, requesting, within 10 business days of the receipt of the letter, an explanation of a
violation that occurred at the Corpening Creek WWTP during the month of April, 2021. The
violation, exceeding the weekly average limit for effluent TSS during the week of March 28a'
(which ended on April r), was caused by high flow passing through the plant while only one
secondary clarifier was in use. The WWTP recorded 5.1 inches of rainfall from 3/25/21 —
4/1/21, with the vast majority of the rain falling on 3/26/21 (3.3") and 4/1/21 (1.2"). The total
effluent flow for 3/26/21 was 3.14 MG. With only one secondary clarifier in use, the plant was
hydraulically overloaded, which caused an effluent TSS concentration of 269 mg/1 on March
30th. The TSS concentration was down to 9.1 mg/I on the following day, March 31', but the
high concentration from March 30"' was enough to cause the weekly average TSS concentration
to exceed the weekly limit of 45 mg/l.
As for corrective actions, WWTP personnel operated the plant in accordance with the standard
operating procedure for high flow to the best of their ability, considering only one secondary
clarifier was in service. As soon as the flow became low enough, personnel cleaned out the
contact chambers. All solids from the contact chambers were returned to the influent wet well
during the cleaning procedure. Those were the only measures staff could take to limit the
amount of solids washing out and to lower the TSS concentration in the effluent expeditiously.
As you are aware, only one secondary clarifier is being used because the other secondary
clarifier (secondary clarifier #1) is out of service awaiting a drive unit replacement. A new drive
unit was ordered in mid -March, 2021, but will not be shipped until approximately mid -July. The

City has contracted with Kemp Construction to install the new drive unit as soon as possible after
it is received.
The City respectfully requests that a civil penalty not be assessed for the violation because
personnel did everything possible to retain solids in the plant during the hydraulic overload, but
could not retain them due to Secondary Clarifier #1 being out of service. The City is working
expeditiously to return Secondary Clarifier #1 to service, but the new drive had to be built and
cannot be installed until it is received. If you have any questions or require additional
information, please contact me at 828-652-4224 or WWTP Superintendent Tim Horton at 828-
652-8843. Thank you in advance for your time and consideration.
Sincerely,
J. Brant Sikes
Public Works Director
cc: Bob Boyette, City Manage'
Tim Horton, WWTP Superintendent