WQCS00135_Remission Request (DV-2023-0082)_20230614

Town of TaylorsTille
"The Brushy Mountain Gateway"
67 Main Avenue Drive
Taylorsville, North Carolina 28681
828.632.2218 (Phone) • 828.632.7964 (Fax)
www.taylorsviUenc.com
June 8, 2023
RECEIVED
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NCDEQ/DWR/NPDES
Justification for Remission Request
Case Number: DV-2023-0082
Incident Number: 202300520
Permit Number: WQCS 00135
EXPLANATION:
The Town of Taylorsville is seeking remission for the SSO Incident number
202300520 for the penalty amount of $1,250.
As stated in the 5-day SSO report the violation occurred at a pump station that is
owned by the North Carolina Department of Adult Corrections. The Town of
Taylorsville serves and maintains the prison pump station under our Collection
System permit. The violation that took place on March 14, 2023 was unavoidable.
It was unavoidable because the prison staff gave the town no prior knowledge
that they would be turning the water off to the 900 cell housing unit to fix several
water leaks. Nor did they give the town any notification when they would be
restoring the water back to the housing unit. Leaving the town unaware of these
events left the town at a disadvantage because arriving at site we had to first try
to mitigate the SSO but also track down what was causing the abundance of
water coming into the pump station. The way the prison is designed when they
close and restore water to the housing unit it results in the whole system flushing
itself at once, creating a surge of water that the state designed pump station
cannot handle. Therefore, resulting in the SSO. On top of restoring the water,
several dozen toilet valves were stuck opening resulting in the continuous flow of
excessive water for an extended period of time going to the pump station.
Please note, the pump station during this time was working just as it should with
no malfunctions. The incoming flow was to much for the pumps to overcome.
The Town of Taylorsville does not discriminate on the basis of race, color, national ongm,
sex, religion, age or disability in employment or the provision of services.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0082 County: Alexander
Assessed Party: Town of Taylorsville
Permit No.: WQCS00135
Amount Assessed: $2,128.16
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. 14313-282.1(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
JUG! 14 "1123
NCDEQ/DWR/NPDES

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ALEXANDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Taylorsville )
Taylorsville Collection System )
PERMIT NO. WQCS00135 ) CASE NO. DV-2023-0082
Having been assessed civil penalties totaling $2,128.16 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 2, 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
day of^�-
RECEIVED
JU J i 4 Z/OZ3
NCDE0/D\NR/NPDES
SIGNATURE
ADDRESS
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TELEPHONE
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We took steps to correct the SSO by having town crews pump and haul until the
prison was able to get control of their water surge problem.
In situations like these the town is left at the mercy of communication. If the town
is left unaware, we are unable to prepare and prevent. Since that time, we have
had conversations with NC DAC officials to try to recommend solutions to help
abate future violations at this site.
Please consider this explanation for remission
Sincerely,
Luke Robinette
Town of Taylorsville
CS ORC
RECEIVED
NCDEQ/DWR/NPDES