NC0025321_PC20230020_20230619

Certified Mail # 7022 0410 0002 1249 8972
Return Receipt Requested

June 19, 2023

Gary Caldwell, Mayor
Town of Waynesville
PO Box 100
Waynesville, NC 28786-0100

SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit No. NC0025321
Town of Waynesville
Waynesville WWTP
Case No. PC-2023-0020
Haywood County

Dear Permittee:

This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,126.51
($3,000.00 civil penalty + $126.51 enforcement costs) against the Town of Waynesville.

This assessment is based upon the following facts: an inspection of the Waynesville WWTP was conducted on
April 10, 2023. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in NPDES WW Permit No. NC0025321. This inspection has shown the
subject facility to be in violation of the conditions and limitations found in NPDES WW Permit No. NC0025321.
The violations found during the inspection are summarized in Attachment A to this letter.

Based upon the above facts, I conclude as a matter of law that the Town of Waynesville violated the terms,
conditions or requirements of NPDES WW Permit No. NC0025321 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a
civil penalty may be assessed against any person who violates the terms, conditions or requirements of a
permit required by G.S. 143-215.1(a).

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

Within thirty (30) days of receipt of this notice, you must do one of the following:

(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing

Option 1: Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed
justification for such request:

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. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.

Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission’s Committee on Civil Penalty Remissions (Committee). Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.

In order to request remission, you must complete and submit the enclosed “Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and
submit the enclosed “Justification for Remission Request.”

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

Both forms should be submitted to the following address:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative
Hearings:

If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:

6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DEQ as follows:

Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.

If you have any questions, please contact Lauren Armeni with the Division of Water Resources staff of the
Asheville Regional Office at [phone] or via email at [e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Findings and Decision and Assessment of Civil Penalties, Assessment Factors, Justification for Remission Request,
Attachment A

Ec: Laserfiche

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF HAYWOOD

IN THE MATTER OF ASSESSMENT ) FINDINGS AND DECISION
OF CIVIL PENALTIES AGAINST ) AND ASSESSMENT OF
) CIVIL PENALTIES
Town of Waynesville )
Waynesville WWTP )
)
FOR VIOLATIONS OF: )
NPDES PERMIT NO. NC0025321 ) CASE NO. PC-2023-0020

Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Daniel Boss, Assistant Regional Supervisor, of the
Division of Water Resources (hereby known as DWR), make the following:

I. FINDINGS OF FACT:

A. The Town of Waynesville is a municipality organized and existing under the laws of the State of North Carolina.

B. On September 27, 2021, the Town of Waynesville was issued NPDES Permit Number NC0025321 effective
November 1, 2021, for the operation and maintenance of the Town of Waynesville’s WWTP, with the discharge
of treated effluent into the Pigeon River, classified as Class C in the French Broad River Basin, in accordance
with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina.

C. The Pigeon River is classified as Class C in the French Broad River Basin.

D. On April 10, 2023, Lauren Armeni, Melanie Kemp, and Mara Chamlee of the Asheville Regional Office (ARO)
of the Division of Water Resources (DWR), conducted a Compliance Evaluation Inspection of the Waynesville
WWTP. While onsite, DWR staff observed:  The chlorine contact chamber has excessive solids, leading to the discharge of high levels of solids.

E. On April 28, 2023, the Asheville Regional Office (ARO) of the DWR issued a Notice of Violation/Notice of
Intent to Enforce (NOV-2023-PC-0020) to the Town of Waynesville. This NOV-NOI was issued in response to
observations from an inspection on April 10, 2023.

F. On May 5, 2023, DWR received a letter from Mr. Rob Hites (Town Manager) in response to the NOV-NOI
(NOV-2023-PC-0020).

G. NPDES PERMIT NO. NC0025321 contains the following relevant permit conditions:

NPDES Permit NC0025321 Part II. Section C.2. Proper Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operations and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or
auxiliary facilities only when necessary to achieve compliance with the conditions of the permit.

H. A DWR file review confirmed that the Town of Waynesville is not allowed as a condition of any permit, special
order, or other appropriate instrument issued or entered into by the Commission under the provisions of this
Article to violate water quality standards applicable to an assigned classification or to violate an effluent standard,
limitations, permit conditions, or rules/regulations established for any point source.

I. The cost to the State of the enforcement procedures in this matter totaled $126.51.

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

Based upon the above Findings of Fact, I make the following:

II. CONCLUSION OF LAW

A. The Town of Waynesville is a ‘person’ within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).

B. The Pigeon River located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6).
 The Town of Waynesville was issued NPDES Permit No. NC0025321 in accordance with G.S. 143-215.1(a)
for the operation and maintenance of a wastewater treatment plant and the discharge of wastewater in compliance
with permit limits and conditions. On April 10, 2023, the Town of Waynesville violated NPDES Permit
NC0025321 Part II Section C. 2. by failing to properly operate and maintain the wastewater treatment plant
because the chlorine contact chamber has excessive solids, leading to the discharge of high levels of solids.

C. The Town of Waynesville may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.

D. The State’s enforcement cost in this matter may be assessed against the Town of Waynesville pursuant to G.S.
143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).

E. Daniel Boss of the Division of Water Resources, pursuant to delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to
assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION

Accordingly, the Town of Waynesville is hereby assessed a civil penalty of:

$ 3,000.00 (1) of (7) violations of NPDES Permit NC0025321 Part II Section C. 2. by
failing to properly operate and maintain the wastewater treatment plant
because the chlorine contact chamber has excessive solids, leading to the discharge of
high levels of solids.

$ 0.00____ (6) of (7) violations of NPDES Permit NC0025321 (see attachment A).

$ 3,000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A

$ 126.51 Enforcement Cost

$ 3,126.51 TOTAL AMOUNT DUE

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

___________________ __________________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107
6/19/2023

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: Town of Waynesville
Facility Name: Waynesville WWTP
Permit Number: NC0025321
County: Haywood
Case Number: PC-2023-0020

ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Unknown, the WWTP has excessive solids throughout, which accumulate in the chlorine contact chamber, and have been
causing TSS and BOD violations.

2) The duration and gravity of the violation;
During the inspection, the chlorine contact chamber had one foot of floating sludge and a two-foot sludge blanket in the
six-foot chamber, and these solids are ultimately reaching the effluent.

3) The effect on ground or surface water quantity or quality or on air quality;
Unknown, the WWTP has excessive solids throughout, which accumulate in the chlorine contact chamber, and have been
causing TSS and BOD violations.

4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown.

5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance would include the cost to replace the sand in the sand filters, as well as all
the components associated with the sand filters.

6) Whether the violation was committed willfully or intentionally;
We do not believe the violation was committed willfully or intentionally.

7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been seven CPAs issued in the past 12 months.

8) The cost to the State of the enforcement procedures.
$126.51

___________________ __________________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107
6/19/2023

JUSTIFICATION FOR REMISSION REQUEST

Case Number: PC-2023-0020 County: Haywood
Assessed Party: Town of Waynesville
Permit No.: NC0025321 Amount Assessed: $3,126.51

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: 59CBDE38-2705-4383-B6B1-672DE657F107

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF HAYWOOD

IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Waynesville )
Waynesville WWTP )
)
PERMIT NO. NC0025321 ) CASE NO. PC-2023-0020

Having been assessed civil penalties totaling $3,126.51 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated June 19, 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 , 20_____

__________________________________________
SIGNATURE

ADDRESS

___________________________________________

___________________________________________

___________________________________________

___________________________________________

TELEPHONE

___________________________________________

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107

ATTACHMENT A

Town of Waynesville
CASE NUMBER: PC-2023-0020

PERMIT NO: NC0025321 REGION: Asheville
FACILITY: Waynesville WWTP COUNTY: Haywood
________________________________________________________________________________________________________________________________________________________________________________
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT ________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Effluent Sampling Violation detected during Effluent sampling is not $0.00
inspection flow-proportional.
________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Secondary Clarifier Violation detected during Scum removal of the trac-vac system is $0.00
inspection not in operation and retention time is
inadequate, leading to the discharge of
high levels of solids.
________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Disinfection-Gas Violation detected during The chlorine contact chamber has $3,000.00
inspection excessive solids, leading to the
discharge of high levels of solids.
________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Aerobic Digester Violation detected during The current tank is not functioning as $0.00
inspection either an aerobic or anaerobic digester.
________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Flow Measurement - Violation detected during The facility cannot accurately measure $0.00
Influent inspection flows above 6 MGD.
________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Standby Power Violation detected during The generator cannot power the bar $0.00
inspection screen or blowers during a power
outage.
________________________________________________________________________________________________________________________________________________________________________________
4/10/2023 Operations & Maintenance Violation detected during The plant is unable to maintain $0.00
inspection adequate solids handling due to
increased flow to the WWTP from I&I
and outdated infrastructure.
________________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 59CBDE38-2705-4383-B6B1-672DE657F107