NC0039578_Remission Requst (LV-2022-0321)_20230109

• Tuckaseigee Water& Sewer Authority
• Serving Jackson County
1246 West Main Street
Sylva,NC 28779
Phone:[phone] • Fax:[phone] •
Jan 5th, 2023
Wastewater Branch
Div. of Water Resources (RECE V ED
1617 Mail Service Center :zj 09 2023
Raleigh NC 27699-1617
Subject: Request for remission 'NCDEQIDWRINPDES
Case# LV-2022-0321
Permit#NC0039578
TWSA Plant#1
Attn: Division of Water Resources
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 April 2022.
The violation was identified as a violation of the weekly permitted Fecal Coliform limits the
week of April4th-9th, 2022.
The following explanation is hereby submitted to request consideration for remission based
upon the factors listed in the Justification for Remission Request.
Factor(b)The violator promptly abated continuing environmental damage resulting
from the violation
TWSA staff checked the strength of the chlorine we were feeding and found it had degraded to
< 1%. We changed tanks and increased the feed rate and the residual went up considerably as
evidenced by the>2.5 CL2 residual obtained on 4/9.No weekly or monthly violations were
recorded after switching chlorine feed tanks.
Factor(c)The violation was inadvertent or a result of an accident.
The violation occurred in part due to the instability of the most recent chlorine shipment. We
diluted two tanks in exactly the same manner out of the same shipment and one of the tanks
had degraded to< 1%and the other was still relatively stable at 6%. This instability seems to
be a relatively recent issue. While some degradation of liquid chlorine is expected this seemed
to be a more extreme rate.
"Tuckaseigee Water&Sewer Authority is an equal opportunity provider,and employer."

The TWSA has recently obtained chlorine from an additional source that allows us to buy a
smaller minimum order. This will hopefully prevent some of the shelf life issues of the bleach
used to disinfect with. The staff has also recently installed a recirculation pump on the chlorine
holding tank to try and prevent a separation or layering of the bleach from the dilution water.
We ask that the fact that we promptly tried to alleviate the problem and our ongoing
investigations into further solutions, be considered in our request for remission.
Please contact me with any questions or comments.
Sincerely,
Stan Bryson
Wastewater Plant Operations Superintendent
Tuckaseigee Water and Sewer Authority
xc: Mr Daniel Manring, Executive Director, TWSA

DocuSign Envelope ID:61 B65064-AF00-4019-B71 E-83A9F0568BFA
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0321 County: Jackson
Assessed Party: Tuckaseigee Water and Sewer Authority
Permit No.: NC0039578 Amount Assessed: $1,020.86
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:

DocuSign Envelope ID:61B65064-AF00-4019-B71E-83A9F0568BFA
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Tuckaseigee Water and Sewer Authority )
Jackson County WWTP )
)
PERMIT NO.NC0039578 ) CASE NO. LV-2022-0321
Having been assessed civil penalties totaling$1,020.86 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated November 16,2022,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 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. n
This the day of ,20 a3
RECEIVED SIGNATURE
BAN 0 9 2.0Z3 ADDRESS
CDEQIDV�RINPDES i 4 5c�; r r ("J.. �� �r
N 2-t(P GO. Al 61
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TELEPHONE

DocuSiyn Envelope ID:61B65064-AF00-4019-B71E-83A9F0568BFA
ATTACHMENT A
Tuckaseigee Water and Sewer Authority
CASE NUMBER: LV-2022-0321
PERMIT: NC0039578 REGION: Asheville
FACILITY: Jackson County WWTP COUNTY: Jackson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/9/2022 4-2022 Coliform, Fecal MF, 5 X week #/100m1 400 701.83 75.5 Weekly $900.00
MFC Broth,44.5 C Geometric
Mean
Exceeded