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Home My WebLink AboutNC0069892_Compliance_20200812NPDES DOCUMENT SCANNING. COVER SHEET NPDES Permit: NC0069892 Andrews WTP 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: August 12, 2020 This document is printed on reuse paper - ignore any content on the resrerse side ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality August 12, 2020 CERTIFIED MAIL ITEM 7015 0640 0007 9833 7459 - RETURN RECEIPT REQUESTED Mr. Nathan Crubaugh Town of Andrews P.O. Box 1210 Andrews, NC 28901-1210 SUBJECT: CIVIL PENALTY REMISSION REQUESTS Andrews WTP Permit NC0069892 Cases LV-2020-0146; LV-2020-0147; LV-2020-0148; LV-2020-0149 Cherokee County Dear Mr. Crubaugh: I have considered the information you submitted in support of four requests for remission in the subject cases. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the original civil penalty assessments which total $1,549.28. 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 and include the case numbers on the check[s]. 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 North Carolina Department of Environmental Quality I Division of Water Resources S12 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919707900Uorth Carolina NC0069892 Remission Decisions Page 2 of 6 oral presentation can be made. Otherwise, the final decision on your requests 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 matter, please contact Mr. Weaver at (919) 707-3616 or charles.weaver@ncdenr.gov. Sincerely, ekS. Daniel Smith Director, Division of Water Resources cc: NPDES file 8/26/2020 USPS.com® - USPS Tracking® Results ALERT: DUE TO LIMITED TRANSPORTATION AVAILABILITY AS:A RESULT OF NATIONWIDE COVID-1... USPS Tracking® Track Another Package 4- Tracking Number: 70150640000798337459 Your item was delivered at 11:28 am on August 17, 2020 in ANDREWS, NC 28901. C✓ Delivered August 17, 2020 at 11:28 am Delivered ANDREWS, NC 28901 Get Updates u Text& SENDER: CFOMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse Trackinc so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. Product Town of Andrews Attn: Nathan Crubaugh PO Box 1210 Andrews, NC 28901 IIIIIIII IIII IIIIIII I I II III I III II I IIII III 9590 9402 3950 8060 9865 36 COMPLETE THIS SECTION ON DELIVERY A. Sign re B. Received by D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No ❑ Agent ❑ Addressee C. Date of Delivery FAQs > Remove X v 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery '- " " i Dalivery 7015 0640 0007 9833 7459 Delivery Restricted Delivery ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered Mail*. ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation'" ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Go to our-FAQs section to find answers to ye tracking questions. https://tools. uses.com/go/frackConfirmAction?tRef=fu I Ipage&tLc=3&text28777=&tLabels=70150640000798337459%2C%2C 1/2 Laserfiche The Town of Andrews Water treatment plant had a violation number NOV- 2020-OV-001 for the February -April 2020 DMR because we had a low PH on our discharge water. The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6-8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won't let this happen again in the future. Thank you, Nathan Crubaugh Town of Andrews ORC RECEIVED JUN 2 2 2020 NCDEQ/DWR/NPDES DocuSign Envelope ID: 981E603B-6BA3-4F7A-98C1-E755DC3A2DC3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WTP PERMIT NO. NC0069892 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2020-0146 Having been assessed civil penalties totaling $337.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 04, 2020, 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 \GJ day of , 20 C RECEIVED SIGNATURE' %CI -&‘. JUN 2 2 2020 ADDRESS NCDEQIDWRINPDES x \a\'D TELEPHONE c6`4 . - `b,a\ - s\\-\ DocuSign Envelope ID 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3 JUSTIFICATION FOR REMISSION REOUEST Case Number: LV-2020-0146 Assessed Party: Town of Andrews Permit No.: NC0069892 RECEIVED JUN 2 2 2020 County: Cherokee NCDEQ/DWR/NPDES Amount Assessed: $337.32 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 (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; (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: 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3 . i ATTACHMENT A Town of Andrews CASE NUMBER: LV-2020-0146 PERMIT: NC0069892 FACILITY: Andrews WTP REGION: Asheville COUNTY: Cherokee LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter Unit of Limit Calculated % Over Violation Frequency Measure Value Value Limit Type Penalty Amount 1/28/2020 1-2020 pH 2 X month su 6 4.1 -31.7 Daily Minimum Not Reached $200.00 Justification for Remission Request RE: LV-2020-0145 RECEIVED JUN 18 2029 NCDEQIDWWNPDES The Town of Andrews formally requests remission of the civil penalties associated with Case #: LV-2020- 0145 for the month of January, 2020. This request is based upon factors (b) and (c) listed in the Justification for Remission Request form. In relation to factor (b) and (c) the Town of Andrews WWTP experienced extremely higher than usual flows for the last part of December 2019 and throughout most of the month of January 2020. There were several days in this timeframe that exceeded the daily permitted limit of the plant. This caused a hardship for the facility in being able to adequately treat the wastewater in our contact basin due to short-circuiting. It was an issue that operators contended with for the duration of the month in having to attempt to continually adjust chlorine levels to meet the demand. Although this course of action was taken, it was not always effective considering that a primary design flaw — that was formerly approved by the state and DEQ I might add — creates a situation where if the amount of wastewater flowing through the plant exceeds the holding capacity of the inner walls of the contact basin there is no legitimate way to prevent short-circuiting, which happened on several occasions throughout the month. Under the circumstances it is notable to realize that without remedial actions taken by the operators, it could have affected the fecal coliform numbers for the whole month instead of just 7 or 8 days. Taking into consideration this reality, it is clear that the "violators" put forth their best good -faith effort to minimize and remediate the situation, and additionally that the violation itself was inadvertent as it relates to the actions of the Town of Andrews and their wastewater treatment plant. The Town of Andrews has worked, and continues to work diligently in being proactive and improving the aging infrastructure of our wastewater treatment facility as is evident not only by our recent capital improvements, but also in the procuring of funding to make further improvements to our wastewater treatment despite these hard economic times that many small towns across our nation are experiencing. Therefore, the Town of Andrews respectfully requests remission of the noted violations for Case #: LV-2020-0145, either all or in part. Thank you. Timothy Wood Andrews WWTP-O.R.0 Andrews, NC wastewaterplant@andrewsnc.com (828)-557-8630 DocuSign Envelope ID: 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0146 Assessed Party: Town of Andrews Permit No.: NC0069892 RECEIVED JUN 2 2 2020 County: Cherokee NCDEQ/DWR/NPDES Amount Assessed: $337.32 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). J (a) one or more of the civil penalty assessment factors in N.C.G.S. I43B-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 (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: DocuSign Envelope ID 981E603B-6BA3-4F7A-96C1-E755DC3A2DC3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE EN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WTP PERMIT NO. NC0069892 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2020-0146 Having been assessed civil penalties totaling $337.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 04, 2020, 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 day of v�i. , 20 RECEIVED JUN 2 2 2020 NCDEQ/DWRINRDES SIGNATURE' t,&� ADDRESS 'cc Lax \a\D C NC. TELEPHONE wag - .ba\ — 5\\N The Town of Andrews Water treatment plant had a violation number NOV- 2020-OV-001 for the February -April 2020 DMR because we had a low PH on our discharge water. The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6-8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won't let this happen again in the future. Thank you, Nathan Crubaugh Town of Andrews ORC RECEIVED JUN 2 2 2020 NCDEQ/DWR/NPDES DocuSign Envelope ID: 981E6035-6BA3-4F7A-9BC1-E755DC3A2DC3 Y ATTACHMENT A Town of Andrews CASE NUMBER: LV-2020-0146 PERMIT: NC0069892 FACILITY: Andrews WTP REGION: Asheville COUNTY: Cherokee 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 1/28/2020 1-2020 pH 2 X month su 6 4.1 -31.7 Daily Minimum Not Reached $200.00 DocuSign Envelope ID: 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3 . JUSTIFICATION FOR REMISSION REOUEST Case Number: LV-2020-0147 Assessed Party: Town of Andrews Permit No.: NC0069892 County: Cherokee Amount Assessed: $337.32 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). 1 (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: OocuSign Envelope ID 981E603B-6BA3-4F7A-98C1-E755DC3A2DC3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) Town of Andrews ) Andrews WTP ) PERMIT NO. NC0069892 ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2020-0147 Having been assessed civil penalties totaling $337.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated , 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 \‘`_) day of , 20 RECEIVED JIJN 2 2 2020 NCDEQ/DWR/ NPDES SIGNATURE ADDRESS �ll TELEPHONE %'1%- 3A1\\\ The Town of Andrews Water treatment plant had a violation number NOV- 2020-OV-001 for the February -April 2020 DMR because we had a low PH on our discharge water. The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6-8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won't let this happen again in the future. Thank you, Nathan Crubaugh Town of Andrews ORC RECEIVED JUN 2 2 2020 NCDEQIDWPJNPDES l DocuSign Envelope ID: 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3 ATTACHMENT A Town of Andrews CASE NUMBER: LV-2020-0147 PERMIT: NC0069892 FACILITY: Andrews WTP REGION: Asheville COUNTY: Cherokee LIMIT VIOLATIONS) 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 2/18/2020 2-2020 pH 2 X month su 9 9.9 10.0 Daily Maximum Exceeded $200.00 DocuSign Envelope ID 981E6038-6BA3-4F7A-9BC1-E755DC3A2DC3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WTP PERMIT NO. NC0069892 ) WAIVER OF RIGHT TO AN ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS ) ) ) CASE NO. LV-2020-0148 Having been assessed civil penalties totaling $537.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated , 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 day of SUCH. , 20 "aC) RECEIVED JUN 2 2 2020 NCDEQ/DWRINPDES ADDRESS SIGNATURE L \cam' \km TELEPHONE DocuSign Envelope ID 981E603B-6BA3-4F7A-9BC1-E7550C3A2DC3 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0148 Assessed Party: Town of Andrews Permit No.:1 NC0069892 County: Cherokee Amount Assessed: $537.32 RECEIVED JUN 2 2 2020 NCDEQIDWRINPDES 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 (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; (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: 981E603B-66A3-4F7A-9BC1-E755DC3A2DC3 ATTACHMENT A Town of Andrews CASE NUMBER: LV-2020-0148 PERMIT: NC0069892 FACILITY: Andrews WTP REGION: Asheville COUNTY: Cherokee LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter Unit of Limit Calculated % Over Violation Frequency Measure Value Value Limit Type Penalty Amount 3/18/2020 3-2020 pH 2 X month su 6 3.8 -36.7 Daily Minimum Not Reached $200.00 3/24/2020 3-2020 pH 2 X month su 6 4.3 -28.3 Daily Minimum Not Reached $200.00 1 The Town of Andrews Water treatment plant had a violation number NOV- 2020-OV-001 for the February -April 2020 DMR because we had a low PH on our discharge water. The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6-8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won't let this happen again in the future. Thank you, Nathan Crubaugh Town of Andrews ORC RECEIVED JUN 2 2 2020 NCDEQ/DWR/NPDES DocuSign Envelope ID 981E603B-6BA3-4F7A-9BC1-E755DC3A2DC3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WTP PERMIT NO. NC0069892 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2020-0149 Having been assessed civil penalties totaling $337.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 04, 2020, 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 4c' day of u%"\A, , 20 a.O RECEIVED JUN 2 2 Z020 NCDEQ/DWRINPDES %�� SIGNATURE ADDRESS TELEPHONE ``bAg — The Town of Andrews Water treatment plant had a violation number NOV- 2020-OV-001 for the February -April 2020 DMR because we had a low PH on our discharge water. The ORC at the water plant was fired at the end of 2019 and myself and the other operators had no idea what parameters were for discharging into the stream. We made some treatment chemical adjustments in order to keep our turbidity standards within range and it affected our discharge waters ph. Mark Bentley let us know that our water was below the permit standards and we adjusted the PH to keep it between 6-8. We have a standard operating procedure that includes daily treatment and monitoring of the PH of the lagoon and we won't let this happen again in the future. Thank you, Nathan Crubaugh Town of Andrews ORC RECEIVED JUN 2 2 2020 NCDEQ/DWR/NPDES DocuSign Envelope ID 981E6038-6BA3-4F7A-98C1-E755DC3A2DC3 JUSTIFICATION FOR REMISSION REQUEST • Case Number: LV-2020-0149 Assessed Party: Town of Andrews Permit No.: NC0069892 County: Cherokee Amount Assessed: $337.32 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. l (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. I (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 (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); 1 (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: