NC0026042_Remission Request (LV-2023-0110)_20230505

RECEIVED
MAY 0 b"2023
May 1,2023 NCDEQ/DWRINPDES
Mr. Robert Tankard, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources,NCDEQ
Subject:Notice of Violation and Assessment of Civil Penalty
for violations of North Carolina General Statute (G.S) 143-215.1(a)(6)
and NPDES WW Permit No. NC0026042
Town of Robersonville
Robersonville WWTP
Case No. LV-2023-0110
Martin County
Mr. Tankard,
The Town of Robersonville appreciates the opportunity to respond to the above-mentioned Notice of
Violation. The Town of Robersonville does not dispute the BOD Monthly Average Exceedance that
occurred during the January 2023 period;however,the Town has taken immediate corrective measures
to resolve the root cause and bring the system back into compliance.
The facility received a BOD monthly average exceedance 28%above the established limit of 6.44mg/L.
After analyzing the effluent data and flow rates, we observed that the monthly average flows had
increased 54.4% between the months of December 2022 (9.320 MGD-2.6 total inches of rain) and
January 2023 (14.393 MGD-5.3 total inches of rain).The heavy flows, as well as other weather-related
malfunctions created disturbances throughout the plant that resulted in increased levels of BOD. A
description of the issues that occurred and the corrective actions taken are listed below:
1. 01/04/2023: Strong winds and heavy rain(0.5 inches) he plant lost power between the hours
of 2:30-3:30 p.m. until it could utilize the generator as a power source until the plant could
come back online. This also caused the clarifier rake arms to be briefly inoperative.
a. Corrective Action: reset the tripped aerators and restored clarifier functions
2. 01/09/2023: Upon arrival,operators discovered that the sedimentation basin aerator was
offline due to power flicker.
a. Corrective Action: Operators immediately turned the aerator back on with no
observed issues
3. 01/10/2023: Effluent flow data indicated increases in flow around 8:45 p.m. Flow went from
an average of 0.270 MGD on 1/9/23,to 0.513 MGD,within less than 24 hours.
4. 01/11/2023: Influent and grit chamber presented a"milky"tint.
5. 01/13/2023: A rainfall of 0.1 inches shocked the plant and caused a power outage on Sunday.
During this event,the#1 return pump lost prime.
a. Corrective Action: Opened clarifier returns to remove sludge from the clarifiers.
Clarifiers 1-4 were observed to be under 2 feet following sludge removal.
6. 01/19/2023: Wasted solids from plant.
7. 01/20/2023: Flow charts showed increased flows from 5:00 a.m. -9:00 a.m.

8. 01/23/2023: A power outage occurred that required the plant to utilize the generators for
electricity until it was restored. The main breaker tripped,temporarily compromising
operations of the clarifier and back end of the plant operations,the belts on Return pumps#1
and#2 were compromised. The return pumps weren't operating,except#3.
a. Corrective Action: Replaced and aligned the return pump belts on#1 & #2
9. 01/24/2023: Influent pump#1 tripped and was diagnosed. Elevated flows of 0.621 MGD
were observed on this day.
a. Corrective Action: Pearson's Pumps was contracted by Town personnel to pull the
pump for replacement. This is a triplex station with pumps #2 and#3 still operative.
10. 01/25/2023: Return pump#1 lost prime.
a. Corrective Action: Operators wasted to the digester.
11. 01/26/2023: Clarifier# 5 back online for increased detention time due to increased flows of
1.33 MGD on 1/26/2023 and 1.15 MGD on 1/27/23.
The Town of Robersonville has expended significant effort and funding to perform the corrective
measures described above to resolve these issues in a timely manner and bring the system back into
compliance. We contend that payment of Civil Penalty may strain the financial resources we have
available to allocate towards any future emergency management needs at the wastewater treatment
plant should they occur. We appreciate the Division's consideration and understanding before
proceeding with enforcement.
Please feel free to contact either Daniel Sears at(252)235-4900,or myself at(252)508-0320 with any
questions or comments.
Sincerely,
Chris Roberson
Town Manager
cc: Tracy Miller,Envirolink, Inc.
William Lamm,Envirolink,Inc.
Mr. Robbie Bullock,NCDEQ

1
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0110 County: Martin
Assessed Party: Town of Robersonvllle
Permit No.: NC0026042 Amount Assessed: $1,120,50
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.
are necessary for the Director to consider in
You should attach any documents that you believe support your request and y
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);
X (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;
X (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:
The Monthly Exceedance on the BOD with a value of 6.44mg/L is equivalent to 28%above the established limit and after
analyzing the data and flow rates, it was determined as and this result from external circumstances that could not be
controlled by the ORC and the staff personnel at the facility,the flows increased 54.4%between the months of December
2022(9.320 MGD-2.6 inches of rain)and January 2023 (14.393 MGD-5.3 inches of rain)causing the BOD exceedance.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MARTIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF'RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Robersonville )
Robersonville WWTP )
)
PERMIT NO.NC0026042 ) CASE NO. LV-2023-0110
Having been assessed civil penalties totaling$1,120.50 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated April 13,2023,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.rd. day the of 01 ,20 2
•
SIGNATURE
ADDRESS
RECEIVED P 0 . .00)e 92 7
U52023 Eotoeffonvill2 ,fe
NCDEQIDWRIN PDES 2 7 r?/
TELEPHONE
252 — 3- y- 0320

ATTACHMENT A
Town of Robersonville
CASE NUMBER: LV-2023-0110
PERMIT: NC0026042 REGION: Washington
FACILITY: Robersonville WWTP COUNTY: Martin
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
1/31/2023 1-2023 BOD,5-Day(20 Deg. 5 X week mg/I 5 6.44 28.7 Monthly $997.50
C)-Concentration Average
Exceeded