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Home My WebLink AboutNC0055786_Remission Request (LV-2023-0267)_20231031 LEXINGTON NORTH CAROLINA WATER RESOURCES QUALITY FIRST RECEIVED October 25th,2023 OCT 31 2023 Request for Remission of Civil Penalty Tracking Number: LV-2023-0267 Permit#NC0055786 NCDEQ/DWR/NPDES Lexington Regional WWTP To: Lon Snider Dear Lon, The City of Lexington humbly requests consideration of remission of civil penalties in the amount of$5,410.63. In the Month of May 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 heavy buildup of Algae on the weirs and gates of the polishing ponds and staff working to clean these areas. While this may have been a contributing factor,we have now determined that the problem was in the Aeration system on Train A. Mike Sutton,the Plant ORC notified Jesse Barnes by email of the likely violations on May 16th. The root problem took several weeks 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 1st 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 W W W.LEXINGTONNC.GOV C LEXINGTON NORTH CAROLINA WATER RESOURCES QUALITY FIRST 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 4t. 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, !x, ri Tom Jo son, Water 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-2023-0267 County: Davidson Assessed Party: City of Lexington Permit No.: NC0055786 Amount Assessed: $5,410.63 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: �r�+CAdittel 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.NC0055786 ) CASE NO. LV-2023-0267 Having been assessed civil penalties totaling$5.410.63 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 20,2023,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. 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