NCG590002_LV-2023-0151_LV-2023-0152 (Remission Request)_20230718

July 17, 2023
Mr, Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDFQ
Subject: Notice of Violation
Tracking Number: LV-2023-0l 51, LV-2023-0152
Permit No. NCG590002
Bailey Well #2 W"lP
Nash County
Mr. Vinson,
Received by DWR - Raleigh Regional Office
July 18, 2023
Thank you for allowing the opportunity to respond to this Notice of Violation issued June 12, 2023, and received on June
21, 2023, for the Total Suspended Solids violations and the Turbidity Daily maximum exceedance that occurred during the
December 2022 and January 2023 monitoring period.
We want to mention that the facility was attended and correctly managed for the period corresponding to December 2022
and January 2023, and regarding to the Violations enlisted in the aforementioned Notices, the investigation performed
showed that on the 4Q 2022 (October 2022) and IQ 2023 (January 2023) the levels registered for Iron and Manganese
increased drastically compared to the previous and following monitoring periods, those elements are natural components of
the water and contribute to the Turbidity and high TSS results. We are attaching the corresponding eDMR's as evidence to
this letter,
This conditions, are not controlled by the ORC and were a temporary condition, however we took these issues as priority
and to prevent future incidents, the personnel at the facility were re-trained and monitored to ensure that all the procedures
were performed correctly. The facility was inspected to determine possible causes of the increases, all of these resulted in
increases in the expenses.
The Town of Bailey is working in coordination with the ORC to develop a way to guarantee the settlement and remotion
for the suspended solids and ensure the decrease on the turbidity. As explained before, the natural conditions of the influent.
The Town of bailey keeps the goal to remain in compliance with regulations set forth by the Division of Water Resources.
It is our request that our cooperation and action in these matters be taken into account by the Division when proceeding
with enforcement,
Sincerely,
Thomas Richards
Mayor, Town of Bailey.
CC:
Joel Killion, Town Administrator/Town Clerk, Town of Bailey
Vanessa E. Manuel, Assistant Regional Supervisor
Andrew White, Regional Manager, Envirolink, Inc.
Daniel Sears, Compliance Manager
William Lamm, Town of Bailey WWTF ORC

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0151 County: Nash
Assessed Party: Town of Bailey
Permit No.: NCG590002 Amount Assessed: $482,31
Please use this form when requesting remission of this civil penalty. You must also complete the 'Requesd For Renriscion,
fl'aiver of Right to an Administrative Hearing, and Stiprdation 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. § 14313-282.1(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 assessrnentfaetors are listed in the civil penally 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 crud prevent figure occurrences);
X (c) the violation was inadvertent or a result of an accident (i.e., explain rvhy the violation was unavoidable or
sonrelhing 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, eavolain
horvpayrnent of the civil penalty will prevent you fr-onr performing the octivilies necessary to achieve
compliance).
EXPLANATION:
The investigation performed showed that on the 4Q 2022 (October 2022) and 1Q 2023 (January 2023) the levels
registered for Iron and Manganese increased drastically compared to the previous and following monitoring
periods, those elements are natural components of the water and contribute to the Turbidity and high TSS results.
This conditions, are not controlled by the ORC and were temporary
The personnel at the facility were re-trained and monitored to ensure that all the procedures were performed correctly
The facility was inspected to determine possible causes of the violation, all of these resulted in increases in the
expenses.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Bailey )
Bailey Well #2 WTP )
PERMIT NO. NCG590002 ) CASE NO, LV-2023-0151
Having been assessed civil penalties totaling $482,31 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 12, 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 �l
j '��
SIGNATURE
ADDRESS
20S3
a c. t\j C
i `7 7'0 7
TELEPHONE
25 Z - Z77

ATTACHMENT A
Town of Bailey
CASE NUMBER: LV-2023-0151
PERMIT:
NCG590002
REGION:
Raleigh
FACILITY:
Bailey Well #2 WTP
COUNTY;
Nash
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
12/6/2022
12-2022
Solids, Total
2 X month Mgt] 45
61.2 36.0
Daily
$108.00
Suspended-
Maximum
Concentration
Exceeded
12131/207.2
12-2022
Solids, Total
2 X month mg/I 30
36.85 22.8
Monthly
$270.00
Suspended-
Average
Concentration
Exceeded
12/612022
12-2022
Turbidity
Monthly ntu 50
55.1 10.2
Daily
$0.00
Maximum
Exceeded
i
I

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0152 County: Nash
Assessed Party: Town of Bailey
Permit No.: NCG590002 Amount Assessed: 1832.31
Please use this form when requesting remission of this civil penalty. You roust also complete the Request For Remissio i,
Waiver ofRight to an dchninistrative Heor•ing, 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.I (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 MC.G.S. 143B-282.I (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penally assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e,, explain the
steps that you tools to correct the violation crud prevent fitlure occurrences);
_X_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation ulas unavoidable or
something you could nod prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of (he civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
hou, payment of the civil penalty will prevent you from performing the activilies necessary to achieve
compliance).
EXPLANATION:
The investigation performed showed that on the 4Q 2022 (October 2022) and I Q 2023 (January 2023) the levels
registered for Iron and Manganese increased drastically compared to the previous and following monitoring
periods, those elements are natural components of the water and contribute to the Turbidity and high TSS results.
This conditions, are not controlled by the ORC and were temporary
The personnel at the facility were re-trained and monitored to ensure that all the procedures were performed correctly.
The facility was inspected to determine possible causes of the violation, all of these resulted in increases in the
expenses.

STATE OF NORTH CAROLINA
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Bailey
Bailey Well #2 WTP
PERMIT NO. NCG590002
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2023-0152
Having been assessed civil penalties totaling $832.31 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 12, 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 (O day of �y N 20 2 3
SIGNATURE
ADDRESS
6 z 1 `7 lti161; i-t -S
1,C1
277d07
TELEPHONE
2S z- 23S - q q 7

ATTACHMENT A
Town of Bailey
CASE NUMBER: LV-2023-0152
PERMIT:
NCG590002
REGION:
Raleigh
FACILITY:
Bailey Well #2 WTP
COUNTY:
Nash
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated %Over
Violation
Penalty
Date
MonthlYr Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
1/3/2023
1-2023 Solids, Total
2 X month
mg/I
45
158
251.1
Daily
$208.00
Suspended-
Maximum
Concentration
Exceeded
1/31/2023
1-2023 Solids, Total
2 X month
mg/l
30
88.75
195.8
Monthly
$520.00
Suspended-
Average
Concentration
Exceeded
1/3/2023
1-2023 Turbidity
Monthly
Wu
50
53.2
6.4
Daily
$0.00
Maximum
Exceeded