NCG590002_LV-2023-0074_20230327

March 27, 2023
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation
Tracking Number: LV-2023-0074
Permit No. NCG590002
Bailey Well #2 WTP
Nash County
Mr. Vinson,
Thank you for allowing the opportunity to respond to this Notice of Violation issued March 03, 2023, and received on
March 14, 2023, for the Total Suspended Solids violation during the November 2022 monitoring period.
We want to mention that the system was attended and managed correctly for the period corresponding to November 2022,
however the value of 74.3 mg/L the TSS reported on November 8, 2022, and at the beginning it was thought that resulted
by a sampling time error, because the sample has to be pulled on the middle of the back flush process (2.5 minutes after
starting the process), which only takes 5 minutes, and evidently the TSS value was high, resulting in a Daily Maximum
exceedance, and caused the Monthly average.
However, after the subsequent tracking of this incident it has shown that an external factor is possibly causing the increase
on the TSS during the first half of the month. We understand that the facility incurred in a violation but, at the same time
we want to mention that this value does not reflect the actual development of the system.
Part of this issue was the delayed notice of the incident, because the Lab results came until November 30', so the ORC was
unable to pull another sample for that period that could help show the actual perfon-nance of the sample, and could help
prevent the Violation, for that reason:
• We have contacted the Lab and requested the notification of this kind of incidents as soon the sample has been
analyzed in order to pull the sample as soon as possible to monitor and determine if the issues has to be with the
performance of the facility, or if it was an incorrect value.
• An investigation is being performed to determine the possible cause of the increase of TSS on the first half of the
month.
We appreciate the effort that your office applies to keep track of all the incidents and reports for this system. The Town of
Bailey WWTF has taken these issues into account to prevent future non-compliance events. It is always our goal to remain
in compliance with regulations set forth by the Division of Water Resources. It is our request that our cooperation and action
in these matters be taken into account by the Division when proceeding with enforcement.
Sincerely,
Daniel Sears,
Compliance Manager
CC:
Thomas Richards, Mayor, Town of Bailey.
Joel Killion, Town Administrator/Town Clerk, Town of Bailey
Vanessa E. Manuel, Assistant Regional Supervisor
Tracy Miller, Regional Manager, Envirolink, Inc.
William Lamm, Town of Bailey WWTF ORC

JUSTIFICATION FOR REMISSION RE QUEST
Case Number:
LV-2023-0074
Assessed Party:
Town of Bailey
Permit No.:
NCG590002
County: Nash
Amount Assessed: $495.72
Please use this form when requesting remission of this civil penalty, You must also complete the "RequestForReinission,
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. I (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 assessmentfactors are listed in the civilpenalty assessment docuntent);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps thatyou took to correct the violation andpreventfifure occurrences);
X (c) the violation was inadvertent or a result of an accident (i.e,, explain why the violation ivas unavoidable or
solnethingyou could not prevent orpreparefor);
(d) the violator had not been assessed civil penalties for any previous violations;
X (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e,, explain
hoivpayment (�f the civilpenalty ii�illpi-eAeiityott.froji?pe�.-foi-iiiing the activities necessary to achieve
compliance).
EXPLANATION:
The tracking of this incident it has shown that an external factor is possibly causing the increase on the TSS during the
first half of the month.
Part of this issue was the delayed notice of the incident, because the Lab results came until November 30th, so the ORC
was unable to pull another sample for that period that could help show the actual performance of the sample, and could
help prevent the Violation.
We have contacted the Lab and requested the notification of this kind of incidents as soon the sample has been analyzed in
order to pull the sample as soon as possible to monitor and determine if the issues has to be with the performance of the fa
cility, or if it was an incorrect value.
An investigation is being performed to determine the possible cause of the increase of TSS on the first half of the
month this includes the increase in monitoring activities.

STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENTAL QUALITY
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Bailey
Bailey Well #2 WTP
PERMIT NO. NCG590002 CASE NO. LV-2023-0074
Having been assessed civil penalties totaling $495,72 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 03, 2023, 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 27
day of March
SIGNATURE
ADDRESS
4700 Homewood Court
Suite 108
Raleigh, NC 27609
TELEPHONE
984-365-9155
2023