NC0039578_Compliance_20200206 (2)

NPDES DOCIMENT ! CANNIN` COVER SHEET
NC0039578
TWSA Plant # 1
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
February 6, 2020
This document is printed on reuse paper - ignore arty
cottent on the resrerse side

NORTH CAROLINA
Environmental Quality
February 6, 2020
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
I )ir. clur
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6001- RETURN RECEIPT REQUESTED
Mr. Stan Bryson
Tuckaseigee Water & Sewer Authority
1246 W Main St
Sylva, NC 28779
SUBJECT: CIVIL PENALTY REMISSION REQUEST
TWSA Plant #1
NPDES Permit NC0039578
Case LV-2019-0346
Jackson County
Dear Mr. Bryson:
I have considered the information submitted by your municipality in support of a request for
remission in the subject case. The prompt abatement of the fecal coliform violations at your
facility has resulted in compliance with those effluent limits. Therefore, in accordance with NCGS
143-215.6A (f), I have found cause to remit the original civil penalty assessments by $200.00.
The Town of Andrews is responsible for the remaining penalties and enforcement costs, which
total $325.47.
If you choose to pay the remaining amount, send payment to the letterhead address within thirty
(30) days of receipt of this letter. Please make the check payable to NC DEQ, and include the case
numbers on the check.
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:
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
919-707-3616

NC0039578 Remission Decision
Page 2 of 3
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.
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].
Sincere
f . Daniel Smith, Director
Division of Water Resources
cc: NPDES Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2019-0346 Region: Asheville County: Jackson
Assessed Entity: TWSA Plant #1 Permit: NC0039578
❑ (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
rom the violation:
Permittee States: Staff worked longer hours during facility repairs.
DWR Response:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Sludge settled below the level of diffusers in SBR #1. Two separate chlorine Teaks
were discovered while repairs to SBR #1 were underway.
DWR Response: one other Fecal Coliform violation occurred in October 2019. Facility has bene
compliant since then.
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Facility has a long history of compliance.
DWR Response: Penalties have been assessed against this facility on 14 previous occasions, though
none have been assessed since December 2005.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied D
Full Remission ❑ Retain Enforcement Costs? YesX No ❑
Original Penalty (without Enforcement Costs)
Partial Remission;
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$ (enter amount)
or $ 206 , DO (amount remitted)
$ 200 OD
$ )Zs. w7
$ 3zsy7
C
aniel Smith Date

TUCKASEIGEE WATER & SEWER AUTHORITY
SERVING JACKSON COUNTY
1246 West Main Street
Sylva, NC 28779
Phone: [phone] • Fax: [phone]
Dec 17th, 2019
Wastewater Branch
Div. of Water Resources
1617 Mail Service Center
Raleigh NC 27699-1617
Subject: Request for remission or mitigation
Case # LV-2019-0346
Permit # NC0039578
TWSA Plant #1
Attn: Division of Water Resources
DEC 2 0 7019
NCDEQIOVVRIN`?DES
The Tuckaseigee Water and Sewer Authority hereby requests remission of the penalties
assessed due to the NPDES permit violations that occurred during the month of August 2019.
The violation was identified as a violation of the weekly permitted Fecal Coliform limits the
week of Aug 19th-24th.
This timeline and explanation is hereby submitted to help clarify the conditions that resulted in
the violation.
Aug- 2019
The mixer on SBR #1 was out of service for repair to a bearing . At the time we had a
really good settling sludge and some of the best water we had produced on the effluent. I had
steadily decreased the waste rate from SBR #1 due to lowering levels of mixed liquor, finally
cutting it off completely on July 10th, 2019. I believe that the sludge was settling out below
the level of the diffusers in the SBR #1 and not being brought back into suspension due to the
mixer being out for repair.
Starting on the 16th of August the septic sludge lying on the bottom started gassing and
returning back into suspension in clumps. Due to the poor settleability of this septic sludge, the
eff began to show signs of deterioration. Waste rates and chlorine feed rates were increased but
chlorine levels could not be maintained and fecal coliform levels climbed drastically above
what is normal operation. The fine solids and the poorly chlorinated effluent resulted in the
violation of the permitted level of fecal coliform for the week of Aug 19th-24th.
Eventually two separate chlorine leaks were discovered in the underground line supplying
the chlorine contact chamber. Once these were repaired and solids levels were wasted down to
This institution is an equal opportunity provider and employer.

acceptable levels normal/compliant operation was restored.
TWSA staff worked longer hours and performed additional testing to try and maintain
compliance but the efforts were not successful.
I hope this is a sufficient explanation for the root causes of the violation. The facility has a
long history of compliance and is currently in compliance and operating well within permitted
levels.
Please contact me with any questions or comments.
Stan Bryson
Wastewater Plant Operations Superintendent
Tuckaseigee Water and Sewer Authority
xc: Mr Dan Schaeffer, Interim Executive Director, TWSA

DocuSiqr Envelope ID 9E2OCOBF-5895-409F-8F45-D591E002B190
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0346
Assessed Party: Tuckaseigee Water and Sewer Authority
• Permit No.: NC0039578
County: Jackson
Amount Assessed: $525.47
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:
RECEIVED
DEC 2 0 2019
NCDEQ/DUVR/NRDES

DocuSign Envelope ID 9E2OCOBF-5895-409F-8F45-D591E002B190
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Tuckaseigee Water and Sewer Authority
Jackson County WWTP
PERMIT NO. NC0039578
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2019-0346
Having been assessed civil penalties totaling $525.47 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 05, 2019, 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
RECEIVER
DEC 2 0 2019
NCDEQ1DWRINPDES
day of C , 20 19
IGNATURE
ADDRESS
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TELEPHONE
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