WQCS00170_DV-2022-0048 NOV-2022-DV-0141 Remission (Request)_20220615

June 9, 2022
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
RE: Remission NOV-2022-DV-0141
Case No: DV-2022-0048
Town of Bryson City
Municipal Office
PO Box 726
Bryson City, NC 28713
Telephone [phone]
Fax [phone]
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
On behalf of the Town of Bryson City, 1 am requesting remission for the Civil Penalty associated
with the Notice of Violation Nov-2022-DV-0141/Case No. DV-2022-0048. This request is based
on the following reasons.
As mentioned in the letter submitted dated May 19, 2022, we experienced a small tornado in the
Deep Creek area around 5:00 p.m. (See link below)
(https://www.thesmokymountaintimes.com/feature/tornado-leaves-damage-deep
creek#: test=On%20Friday%20evening%2C%20the%20National,p.m.%2C%201asting%20only
%20three%20minutes). Our water plant and one of our sewer lift stations are located in this area.
There were several power outages over the entire Swain County area including the water plant
and the sewer lift station located at 10 Happy Hollow Rd. The Town's maintenance crew
responded to this situation at approximately 6:00 p.m. with the mobile generator. The live well at
the sewer lift station was completely pumped down by 6:30 p.m. Shortly after, the water plant
ORC started a major backwash cycle which caused the sludge tank to overflow at approximately
7:15 p.m. The overflow subsided at 7:45 p.m.
In our opinion, this was an unfortunate event that due to the whole circumstance was
unavoidable; however, the Town will be implementing a routine maintenance schedule of the
sludge tank. The Town Manager is also requesting that the Public Works Director obtain a quote
for an on -site generator that will automatically come on in the case of a power outage.
This money could be used to purchase this equipment which is very expensive.
Please contact me if you have additional questions concerning this response.
Sincerely,
RegMathis
To Manager, Bryson City
828-488-3335
828-736-7448
[e-mail]
Mayor Tom Sutton Board ofAidennen Benjamin King, Heidi Ramsey -Woodard, Chad Smith & Steven Augustine
Regina Mathis, Town Manager Fred Moody Jr, Town Attorney Carla Passmore, Tar Collector Lynn Thomas, Town Clerk
Tom Shook, Public Works Supervisor
In accordance with Federal aw and U.S. Deparrmem of .4griculture policy, this institution ioprohibited from discriminating on the basis of race, color,
national origin,age, disability. re/igion, sex, and familial status. (Not al prohibited bases apply to all programs). Tolle a complaint of discrimination, write
USDA, Director, Office ofCivil Rights, 1400 Independence Avenue, SW., Washington, D.0 20250-9410 or call [phone] (English) or (800)877-
8339(TDD) or [phone](Rngllsh Federal -relay) or [phone] (Spanish -relay).

DocuSign Envelope ID: 79C906AA-5E85-4273-9FD1-F125274D566A
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0048
Assessed Party: Town of Bryson City
Permit No.: WQCS00170
County: Swain
Amount Assessed: $1 813.78
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to CM 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 wrongully applied to the
detriment of the petitioner (the assessment, factors are listed in the civil penalty assessment document);
V (b) the violator promptly abated continuing environmental damage resulting from the violation (Le., 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 (Le., 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;
V (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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DoceSign Envelope ID: 79C9e6A45E85-4273-9F01-F125274D566A
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SWAIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Bryson City
Bryson City Collection System
PERMIT NO. WQCS001.70
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0048
Having been assessed civil penalties totaling $1 813.78 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 1 2022 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 mast 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
/0-6
day of t J(lV1 e
ADDRESS
20r2d—
lid") 01' “ , 'o n C. r'
Po Pox 7210L/
N(, 028713_
TELEPHONE
5L8-188- 3335-

DocuSign Envelope ID: 79C906AA-5E85-4273-9FD1-F125274D566A
ATTACHMENTA
Town of Bryson City
CASE NUMBER: DV-2022-0048
PERMIT NO: WQCS00170
FACILITY: Bryson City Collection System
REGION: Asheville
COUNTY: Swain
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202200731 5/6/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit
3,000 $1,700,00