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HomeMy WebLinkAboutNC0020800_LV-2023-0248_RemissionRequest_20231027DocuSign Envelope ID: 55DCA6D0-BAD4-4C43-896C-14EB3C195CC5 RECEIVED Case Number: Assessed Party: Permit No.: JUSTIFICATION FOR REMISSION REQUEST p C T 2 7 3 Town Coft15 7bWR/NP®ES Town of Andrews � � L� L,J C �,,j NC0020800 Amount Assessed: $4,620.69 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. § 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 assessment factors are listed in the civil penalty assessment document); v/ (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: -- ,19T7'licfl6,0 DocuSign Envelope ID: 55DCA6D0-BAD4-4C43-896C-14EB3C195CC5 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Andrews ) Andrews WWTP PERMIT NO. NCO020800 ) CASE NO. LV-2023-0248 Having been assessed civil penalties totaling $4,620.69 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 4, 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 ;'04/A day of ' (QC D&r , 20 2 a SIGNATURE ADDRESS ?, A 9bk/ /aiD TELEPHONE October 20, 2023 Justification for Remission Request/Explanation RE: Case Number LV-2023-0248 The Town of Andrews seeks remission of the aforementioned compliance violation in part or in full based on factors (b) & (c) of the "JUSTIFICATION FOR REMISSION REQUEST" form. It is well documented both in house and within NCDEQ that the Town of Andrews WWTP has struggled with various issues over the last decade due to aging/failing infrastructure. Our Nitrogen, Ammonia levels being the most prevalent and reoccurring issue. For the month of June, 2023 we also exceeded our monthly permitted limit for Solids, Total Suspended Concentration. I will once again primarily be addressing Nitrogen, Ammonia Total Concentration issues in this letter, but have also added in mention of TSS for this particular violation due to the fact that it was an anomaly for this month and is typically ra re. Our reason, which has been put forth in the past, for this violation being the most common reoccurring issue is not due to any other factor other than our infrastructure. We have looked into possible economical solutions to fix this, and have so far found none. The problem stems primarily from the failure of our 40 year old trickling filter system not operating/functioning as it should be due to age and deterioration, as well as the sporadic and inconsistent nature of our main influent pump station which creates the flow to power them. The cost of repair for the drive/inner column of these filters is extremely cost prohibitive within the town's general budget, particularly when given the cost for also effectively repairing or replacing the influent pump station. This cost for this altogether would "conservatively" be over $500,000.00 for the town. However, the Town of Andrews, its Wastewater Dept., as well as McGill & Associates have been working to rectify this once and for all over the period of the last few years. As of 2021, the Town of Andrews, alongside McGill & Associates was able to procure nearly $13 million for necessary repairs, as well as the construction of an all new, fully operational oxidation ditch wastewater facility. The first phase of this, via grants and matching funding will go towards building a new main influent pump station at the WWTP. The funding has been approved for both of these projects. Plans for the pump station are completed, bidding is secure, and construction is set to begin this fall 2023, within the next two months — potentially sooner. While the pump station will not fully address ail of our issues in an immediate sense, it is a critical first step towards that goal. The second phase, the new oxidation ditch plant will use existing adjacent, spare land to build a new orbital ditch, as well as provide other components necessary for the operation of this new facility. These funds have been provided through grant money and will also be used to rehabilitate/renew both of our secondary clarifiers, provide an up to date sludge handling facility, up to date power redundancy, along with other key areas that need to be addressed within the plant. The primary goal for all of this is to have an updated facility that can effectively keep up with today's nutrient removal standards. During this process, the trickling filters that our plant uses will be taken offline and removed, mainly due to the fact that they will no longer be necessary. The new plant will easily provide the treatment necessary to meet and/or exceed the minimum requirements for all parameters, particularly when it comes to nitrogen, ammonia and BOD levels/limits. We see this as a great benefit, and overall, as finally being able to meet the removal efficiency goals and standards that are desired by both us and NCDEQ and EPA. Construction for this new plant is set to begin approximately during the late spring to summer of 2024. October 20, 2023 I know this has been a long time coming, but it is something that many of us have been working towards for many years now, and it is finally becoming a reality. Revisiting the current violation, as well as others that we are sure may be potentially coming. The Town of Andrews understands the gravity of these violations fully, and our operators have been doing their very best to at least minimize the extent and/or impact of exceeding these limits. The purpose of the previous explanation is to show that according to factor (c) of the remission request form, both violations were indeed inadvertent and in no way intentional, and that we are, and have been all working diligently to rectify this once and for all. Furthermore, concerning the violation for exceeding our monthly permitted limit for Solids, Total Suspended Concentration, we would also put forth that the Andrews WWTP promptly worked to abate the cause and/or damage of this violation, according to factor (b) of the Justification for Remission Request Form. The town, with this violation, as well as any others that may occur over the short course of time anti! these upgrades and construction are completed, ask only for patience and leniency in these fines by way of remission. Thank you. Sincerely, Timothy B. Wood ORC-Andrews WWTP ,.woodPandrewsnc.org, 828-557-8630