NC0021547_Compliance_20131206

NPDES DOCUMENT SCANNIN` COVER SHEET
NC0021547
Franklin WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Compliance
Speculative Limits
Instream Assessment (67b)
Environmental Assessment (EA)
Permit
History
Document Date:
December 6, 2013
This document is printed on reuse paper - igazore any
content on the remzerse side

TOWN OF FRANKLIN
1 Post Office Box 1479
E� Franklin, North Carolina 28744
(4C-
nn C .b5 [phone]
Point Source Compliance / Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr. `.^Darren J. Cabe
Manager
Town of Franklin
PO Box 1479
Franklin, NC 28744
July 30, 2013
Gentlemen:
The Town of Franklin received a Notice of Violation and Assessment of Civil Penalty dated July 12, 2013 Case number
LV-2013-0135 and would like to respectfully request remission of the civil penalty. According to the Division of Water
Quality, the following factor may be considered as factors when reviewing our request:
1. "whether the violation was inadvertent or the result of an accident;"
The violation that occurred was the result of 8.83 recorded inches of rainfall within the month of January. The
operators attempted to adjust the return sludge flow rates to remain in compliance but we were overwhelmed by the
volume. This also occurred as we are undergoing a sewer treatment facility renovation. The Town of Franklin has
committed to spending over $5 million dollars for the renovation which has a new EQ basin online with new headworks
which will increase our capability to properly handle such flows. The project will reach final completion by late
September 2013.
Please consider our investment into this project to mitigate such accidental or inadvertent occurrences and our
commitment to complying with all applicable rules and regulations and remaining a good steward of our natural
resources when making a determination as to the remission.
If you have further questions or need more information please feel free to contact my office at 828-524-2516.
Warren J. Cabe
Cc: W Price, file

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TOWN OF FRANKLIN /
FRANKLIN WWTP
PERMIT NO. NC0021547
WAIVER OF RIGHT TO AN
ADMJNSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2013-0135
Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 12, 2013, 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 Quality 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 day of %T(A&1 /- , 20 /3
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0135
Assessed Party: Town.of Franklin .
Permit No.: NC0021547
County: Macon
Amount Assessed: $3 87.00.-
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 applies. 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: