Loading...
HomeMy WebLinkAboutNC0041696_LV-2015-0115_20150721 A,711411, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R.van der Vaart Governor Secretary Certified Mail#7014 0510 0000 4466 2190 Return Receipt Requested July 21,2015 Christopher John Bortnick RECEIVEDIDENR/DWR Town of Valdese PO Box 339 JUL 2 4 2015 Valdese,NC 28690 Water Quality PerMitting Section 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 Permit No.NC0041696 Town of Valdese Lake Rhodiss WWTP Case No.LV-2015-0115 Burke County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,659.26($2,500.00 civil penalty+$159.26 enforcement costs)against Town of Valdese. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Town of Valdese for the month of April 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0041696. The violations,which occurred in April 2015,are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Valdese violated the terms, conditions or requirements of NPDES Permit No. NC0041696 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). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Valdese: 2090 U.S.70 Highway.Swannanoa,NC 28778 Phone:828-296-4500 1 Internet:www.ncdenr.gov<http://www.ncdenr.gov> An Equal Opportunity:Affirmative Action Employer-Made in part by recycled paper 111 $1,500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0041696, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. 500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0041696, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD - Conc. 500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0041696, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for TSS - Conc. $2,500.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $2,659.26 TOTAL AMOUNT DUE 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 acid'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. 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 Environment and Natural Resources (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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2 ' � r V 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 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." Both forms should be submitted to the following address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 • 3 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DENR as follows: Mr. Sam M.Hayes,General Counsel Department of Environment and Natural Resources 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. 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. 4 1 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email at janet.cantwell@ncdenr.gov. • Sincerely, for S.Jay Zimmerman,P.G. Director,Division of Water Resources,NCDENR By G.Landon Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments) Central Files,Water Quality Section (w/attachments) • 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2015-0115 County: Burke Assessed Party: Town of Valdese Permit No.: NC0041696 Amount Assessed: $2,659.26 • 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Town of Valdese ) Lake Rhodiss WWTP ) ) PERMIT NO.NC0041696 ) CASE NO. LV-2015-0115 Having been assessed civil penalties totaling $2,659.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 21. 2015, 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 ATTACHMENT A Town of Valdese CASE NUMBER: LV-2016-0115 PERMIT: NC0041696 FACILITY: Lake Rhodiss WWTP COUNTY: Burke REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $500.00 4-2015 001 Effluent BOD-Conc 4/18/15 5 X week mg/I 45 76.90 70.8 Weekly Average Exceeded $500.00 4-2015 001 Effluent TSS-Conc 4/18/15 5 X week mg/I 45 328.70 630.4 Weekly Average Exceeded $1,500.00 4-2015 001 Effluent TSS-Conc 4/30/15 5 X week mg/I 30 82.10 173.8 Monthly Average Exceeded DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE) Violator: Lake Rhodhiss-Valdese/ NC0041696 (April 2015 DMR) County: Burke Case Number: LV-2015-0115 8 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors set out in 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; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Weekly Average BOD exceeded the permit limit by 70.8%. One Weekly Average TSS exceeded the permit limit by 630.4%. One Monthly Average TSS exceeded the permit limit by 173.8%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date G.Landon Davidson,Regional Supervisor Water Quality Regional Operations Section 07/21/2015 Asheville Regional Office,NCDENR • (41::."....-4, e..;..iv Permit Enforcement History Details by Owner 7/20/2015 1 Owner: Town of Valdese Facility: Lake Rhodiss WWTP Permit: NC0041896 Region: Asheville County : Burke Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MsrnoSent Total Balance Prnt Case Case MR Approved .mount coca Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed Number LV-1998-0164 10/18/98 $1,000.00 $103.00 $1,103.00 $0.00 No 11/18/98 LV-1999-0369 9/24/99 $1,000.00 $79.48 $1,079.46 $0.00 No 11/16/99 LV-2000-0051 2/25/00 $1,000.00 $79.46 $1,079.46 $0.00 No 3/8/00 LV-2000-0243 6/19/00 $1,250.00 $79.46 $1,329.46 $0.00 No 1/30/01 LV-2001-0187 5/18/01 $1,750.00 $79.46 $1,829.48 $0.00 No 8/7/01 LV-2001-0451 11/5/01 $1,250.00 $79.46 $1,329.46 $0.00 No 11/30/01 LV-2003-0221 4/7/03 $500.00 $100.00 $600.00 $0.00 No 4/22/03 LV-2003-0345 2-2003 4/7/03 $250.00 $50.00 $0.00 $300.00 No 7/11/06 LV-2003-0346 1-2003 4/7/03 $250.00 $50.00 $0.00 $300.00 No 7/11/06 LV-2005-0339 7-2005 9/13/05 $500.00 $100.00 $600.00 $0.00 No 10/18/05 PC-2007-0078 10/26/07 $4,000.00 $179.48 $4,179.48 $0.00 No 11/19/07 LV-2011-0293 1-2011 11/18/11 $1,000.00 $142.00 $1,142.00 $0.00 No 12/21/11 LV-2011-0294 3-2011 11/17/11 $2,000.00 $142.00 12/1/11 8/22/12 $1000 $1,142.00 $0.00 No 9/26/12 LV-2012-0207 8-2012 12/3/12 $500.00 $137.00 1/3/13 6/27/13 $500 $137.00 $0.00 No 8/13/13 LV-2012-0208 7-2012 12/3/12 $2,000.00 $137.00 1/3/13 6/27/13 $2000 $137.00 $0.00 No 8/23/13 LV-2013-0072 12-2012 4/23/13 $2,000.00 $137.00 $2,137.00 $0.00 No 5/30/13 7/20/2015 2 PC-2014-0001 1/8/14 $1,250.00 $137.00 $1,387.00 $0.00 No 2/5114 LV-2014-0041 12-2013 4/24/14 $2,000.00 $147.50 5/15/14 8/3/14 $1500 $847.50 $0.00 No 7/2/14 LV-2015-0088 1-2015 6/8/15 $500.00 $159.26 $659.28 $0.00 No 7/1/15 LV-2008-0247 1-2008 $1,550.00 $145.00 $1,895.00 No Total Cases: 20 Total Penalty Amount: $25,550 Total Enforcement Cost $2283.54 Sum Of Total Paid: $20,518.54 Total Balance Due: $2,295.00 Sum of Total Case Penalties: $27,813.54 Total Penalties After Remissions: $22,813.54 • • . - ti • ' S. I-7:Z '' I EFFLUENTuurcEsELC F`I'cl* �; UN 2 9 2015 JUl . 9 ZO1 VPDES PERMIT NO.: NC0041696 pISCHARG NO.: 103 MONTH APRIL YEAR:2015 =ACILITY NAME: LAKE RHODHISS WASTEWATER TREATMENT PLANT CLAS: IV COUNTY: BURKE OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADDETTh rOtionry PHONE: 828-879-2131 ;ERTIFIED LABORATORIES W W T P #230 M ERIC -,$5 - �n-'( ....BLUE RIDGE LABS#275 Q (S Q EC a._ : CHRIS :HECK BOX IF ORC HAS CHA S N S SRIOI�LES: CHRIS BORTNICK,A NORMAN COOK lad ORIGINAL and ONE COPY to laMAY 2 9 2015 ... - - A LF Z 4. / TTN:CENTRAL FILES M.-, a-'�-� ,_,-- 1VISION OF WATER DUALITY (SIGNA -E OF'PERATOR IN RESPONSI:,' .HARGS '�j 1� DATE CDENR BY THIS SIGNAT RE,I CERTI .. HIS REPORT IS Y2015 617 MAIL SERVICE CENTER CENTRAL I LES ACCURATE AN.COMPLETE TO THE BEST OF MY KNOWLEDGE. ALEIGH, NC 27699-1617 DWR SE ION m 50050 000101 J4000400 50060 00310 00610 00530 31616 00300 00600 00665 32730 TGP3B i E FLOW w .Ci S Q - u) r Y $ i:-:. Y EFF jj QZ .o ZW Iii _ix2 jW JW Jre J0 >0 ao $ inn INF ❑ �N = 00 / Oc Op I ;x..61:1 t)�w O} I-O pa z u p mi a z �� W2 mN 2I-- I-u W J a O ° og re � <Z NCe � a. HRS HRS YIN MGD ° C S.U. <p UGIL </> MG/L </> MGJL </> MGIL <I> 41100ML MGIL MGIL MG/L `<p MG/1. P/F 600 16 Y 1.596 17 7.1 34 1 2.22 < 5.00 < 1 8.2 2 600 16 Y 1.542 18 7.1 - 33 - 2• .51 < 0.50 5.00 1 8.0 11.7 - 1.56 3 800 5 H 0.713 4 800 4 0.646 5" 800 4 U.6U9 6 600 16 Y 1.349- 15 7.1 31 1 4.53 - 8.00 3 8.9 - 7 600 16 Y 1.911 ' 17 7.0 30 -_1 4.19, <- 0.50 7.20 1 8.1 . 13.4 1.86 PASS 8 600 16 Y 1.651 20 7.0 43 1 4.06 6.40 1 7.7 9 600 16 :Y 1.847 22 7.2 ' 38 3.22 6.40 < 1 7.3 PASS 0 600 16 Y' 1.415 23 7.1 34 3.23 5.60 < 1 7.2 1 800 4 0.759, 2 800 4 -0.648 i 3 600 16 Y 1.727 19 6.8 - 49 3.82 6.60 10 8.1 __1 600 16 -Y 2.553 20 6.7 33 3.49 < 0.50 6.80 4 7.7 13.2 2.20 5 600 - 16 Y 2.991 22 6.9 27 ' 84.6 136 > 600 _ 5.7 - ' 5 600 16 Y 4.273 22 6.8 ' < 20 261 _ 1428 2> 6000 5.5 7 -600 16 Y 1.274- 21 7.1 49 31. 66.0 167 - 6.9 800 4 1.129 _ 7.70".(1-''-'1 3.109 600 16 Y 3.748 19 6.4 24 ,, _,) 2.78 8.20 15J 7.5 I 600 16 Y 2.425 19 6.6 < 20" 3.35 7.00 10 8.0 _ ,- '- 600 16 Y 2.213 19 6.9 - 29 - 3.24 - 5.80 3 8.0 1 600 16 Y 1.895 19 6.9 30 2.51 5.20 < 1 7.8 z' I 600 16 Y 1.332 ' 19 7.0 29 3.13 < 0.50 5.80 3 7.7 7.51 0.60 1 800 4 1054,:, - - I 800 1 0.8/5 800 16 Y- 1.650 19 7.2 28 ' 3.63 < 0.50 < 5.00 --<- 1 8.4 11.4 0.70 - -- ; I 600 16- Y 1.892 18 7.3 24 3.98 5.70 8 7.9 • 1 600 16 Y 1.966 ' 19 - 7.1 25 ' 4• .18 < 5.00 1 7.8 1 600 16 Y 1.773 ' 20 - 7.3 ' 29 2.66 5.00 1 7.5 - AVERAGE 1.752 19 _ 30 20.8 < 0.50 5 7.6 11.4 1.38 ' PASS MAauM 4.273 23 7.3 49' 261 < 0.50 8 > 6000 8.9 "`-13.4 2.20 0.000 PASS mimmuM 0.609 15 6.4 < 20 - 2• .22 '< 0.50 < 5.00 - < 1 5.5 7.51 - 0.60 '0.000 PASS np.(C)/Grab(G) (G) (G)_ (G) , (C) (C) (C) ` (G) (G) (C) ' . (C) . (G) Monthly Limit 6 to 9 30.0 30.0 200 Test Blank Out of QC. (2) Counts on"Post"Blank (H) Denotes Observed Holiday-Good Friday-413/2015. _L REPORTED DATA ASSOCIATED WITH FLAGGED CONDITIONS ARE VALID NUMBERS. NEEKLY BOD&TSS VIOLATIONS 4/13-4/17/2015. MONTHLY TSS VIOLATION RESULTED AS LL. ) DI - , !/ Z /�- D//Na✓ zoos- iv' ala 9A /5- • v . , Facility Status:(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages,if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements X Noncompliant The permittee chall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours from the rime the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by Part 111.6 of the NPDES permit. cermy,unser penalty or iaw,mat tins aocument aria au attacnments were preparea unser my ainction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief;true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." J V. Morse Permittee // r type) St14,: - 4nell4 Date _ ' unless submitted electronically) Town of Valdese • PO Box 339 Valdese,NC 28690 828-879-2117 jmorse@ci.valdese.nc,us February 28,2015 Permittee Address Phone Number e-mail address Permit Expiration Date ADDMONAC CERTIFIED LABORATORIES Certified Laboratory(2) Certification No. Certified Laboratory(3) Certification No. Certified Laboratory(4) Certification No. Certified Laboratory(5) Certification No. „, • •• ••- PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.ric.us/wqs and linking to the unit's information pages. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.. *"" Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on . file with the state per 15A 1CA6 28.0506(b)(2)(D). - 4 • . . , . • . Page 2 Cor:zeo• Town of Valdese Lake Rhodhiss Wastewater Treatment Facility NPDES Permit No:NC0041696 April 2015: TSS&BOD Violations: The Town of Valdese violated weekly TSS and BOD limits for the week of April 12th—April 18th,2015. The monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 12t.The violations were a direct result of excess and continuous rain,as well as a mechanical failure of secondary clarifier#2. Secondary clarifier#2 had to be drained and inspected due to over torqueing.The blanket was thin and relatively low yet the clarifier overloaded. It was later discovered after draining the clarifier and clean it out and making a thorough inspection that a screwdriver was lodged in the turning mechanism in the center.Flow was diverted to a primary clarifier that is no longer being used due to the plant be so under capacity.All attempts were made to minimize the impact to the environment. Secondary clarifier#2 was back in service as quickly as possible. The Town is aware of inflow and infiltration problems, and is seeking funds to address the repairs and replacement of some lines.The excess flow(rain water)as well as the mechanical issue with the clarifier caused an upset to the plant.The plant was being operated efficiently and effectively before the heavy rains and had no issues. Greg Padgett Wastewater Superintendent Town of Valdese 828-879-2131 gpadgett@ci.valdese.nc.us