NC0020800_LV-2023-0248_RemissionRequest_20231027

DocuSign 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:
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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