NC0055786_Remission (Request)_20231025

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LEXINGTON
NORTH CAROL 1 N A
WATER RESOURCES
QUALITY FIRST
October 12t", 2023
Request for Remission of Civil Penalty
Tracking Number: LV-2023-0257
Permit # NCO055786
Lexington Regional WWTP
To: Lon Snider
RECEIVED
Oi 2 5 `�23
NCDEQ/DWR/NPDES
Dear Lon,
The City of Lexington humbly requests consideration of remission of civil penalties in the
amount of $4,109.13. In the Month of April 2023, both BOD and Nh3N weekly and monthly
limits were exceeded.
At the time of the submittal of the DMR the exceedances were believed to have been attributed
to the fact that staff had one of the two Final Clarifiers out of service and drained for
maintenance and repairs. While this may have been a contributing factor, we have now
determined that the problem was in the Aeration system on Train A.
The root problem took several months to determine and correct. Staff worked diligently to
determine the problem but with the Ammonia and BOD levels being so inconsistent it was
difficult to pinpoint where in the process the problem was. By late August the Aeration Train A
was finally determined to be where the high levels of BOD and Nh3N were originating from.
Staff immediately coordinated with Terra Nova Inc to come and pump out and wash the basin
once we got it drained. At the same time we also ordered 600 replacement aeration diffusers.
On Friday, September I st 2023 staff began draining the basin to prepare for Terra Nova. Once
the basin was drained the magnitude of the problem was obvious. Staff found that several of the
original diffusers had broken off, fouled with grit and debris, and the air header pipes were
packed full of solids. It took Terra Nova 5 days to finish the wash out. With the help of the
Public Works Department, staff removed all of the old diffusers, rodded and jetted out the air
header pipes and replaced with new diffusers.
It should be noted that within hours of taking Train A offline and draining it, Nh3N levels
immediately returned to normal levels. The repairs to the Aeration System were finally
completed late August and since September the Plant is maintaining compliance and running
very well.
Water Resources - Public Works - Engineering
28 West Center Street- Lexington, NC 27292 - 336.248-3930
www.LEXINGTONNC.GOV

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LEXINGTON
N O RTH CARO L I N A
WATER RESOURCES
Q U A L I T Y F I R S T
As you consider the need to assess Civil Penalties and the amounts, the City of Lexington
humbly requests consideration of the following facts and costs that we have incurred to correct
the situation in emergency fashion.
• Lexington requested Technical Assistance and Gary Hudson and Jesse Barnes visited on
August 0. This was productive and Gary made some helpful insights.
• Because the lab results for Nh3N and BOD were fluctuating from day to day, it was
extremely difficult to pinpoint the problem.
• Once Train A was determined to be the problem, the basin was immediately drained.
• Lexington entered into an Emergency contract with Terra Nova for $63,950 to
immediately mobilize. A copy of the PO for this work is attached for reference.
• Lexington spent $20,927 to replace all 600 air diffusers in the basin. Receipt for the
diffusers attached for reference.
• Lexington staff worked around the clock to get the problem corrected.
As a result of the problems discovered in Aeration Train A, staff is currently ordering parts and
lining up equipment to address Aeration Train B as soon as possible. This will be costs of nearly
$85,000 that is not budgeted this year and will require a budget transfer. Lexington takes permit
compliance seriously and we are taking this action to avoid another exceedance event.
Sincerely,
Tom ohnson, ater Resources Director
Water Resources - Public Works - Engineering
28 West Center Street- Lexington, NC 27292 - 336.248-3930
W W W.LEXINGTONNC.GOv

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0257
Assessed Party: City of Lexington
Permit No.: NC0055786
County: Davidson
Amount Assessed: 54.109.13
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:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIDSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Lexington )
Lexington Regional WWTP )
PERMIT NO. NCO055786 ) CASE NO. LV-2023-0257
Having been assessed civil penalties totaling $4.109.13 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 28. 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 �� r k day of i .20
,KINATURE
ADDRESS
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TELEPHONE