HomeMy WebLinkAboutNC0033227_LV-2024-0002_20240212MwIRP
MOVE YOUR ENVIRONMENT FORWARD
HRP ASSOCIATES ENGINEERING & ENVIRONMENTAL MANAGEMENT, PLLC
Certified Mail # 7017 2620 0001 1623 3508
Return Receipt Requested
February 7, 2024
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Case Number LV-2024-002
TE Connectivity Corporation, Fairview, North Carolina
To Whom it May Concern:
On behalf of TE Connectivity, and regarding the referenced Case Number, HRP Associates is
providing the attached completed Justification for Remission Request and Waiver of Right to an
Administrative Hearing Forms.
As for the factors that apply to the case:
The primary cause of the exceedance is unknown; however, it may have been related to
dechlorination tablets. Note that as soon as the data was received the operator took
measures to prevent future exceedances.
The exceedance was inadvertent in that the tablets are part of routine maintenance.
We are unaware of any previous violations.
Please let us know if you need additional information.
Thank you in advance for your cooperation. If you have any questions or require additional
information, please feel free to contact HRP at 800-752-3922 extension 1513.
Sincerely,
Daniel E. McDonnell
Senior Project Manager
HRP ASSOCIATES ENGINEERING& ENVIRONMENTAL MANAGEMENT, PLLC 1 197 SCOTT SWAMP ROAD, FARMINGTON. CT06032 I (860)674-95701 (860)674-9624
DocuSign Envelope ID: C5C49399-1 F33-4AC3-9F96-113685B2073C
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0002
County: Buncombe
Assessed Party: TE Connectivity Corporation
Permit No.: NCO033227 Amount Assessed: $576.51
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 anv 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);
x (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);
x (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);
x (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:
Sample collected on 9/27/23 contained BOD at 77.6 mg/I, a violation over the 45mg/I daily maximum.
• Received results on 10-5-23 after the end of the month (September).
• Effluent visually appeared clear and compliant.
• Suspected cause is the use of dechlorination tablets (they have caused spikes in BOD in the past; we try to not put too much
dechlorination tablets in effluent for this reason).
• The spike in BOD continued to next sample event on 10-3-23 which was completed before results of the 9/27/23 sample were known.
• After the second event we super chlorinated the effluent prior to the dechlorination box sampling point to kill anything present
after the chlorinator that may have caused the BOD hits and the10/3/23 fecal hit.
• All samples and all parameters after 10/3/23 were compliant.
DocuSign Envelope ID: C5C49399-1F33-4AC3-9F96-1136B5B2073C
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
TE Connectivity Corporation )
TE Connectivity WWTP )
PERMIT NO. NCO033227 ) CASE NO. LV-2024-0002
Having been assessed civil penalties totaling $576.51 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 3.2024, 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 J day of
r� brUU,rN .20_2_4
J
SIGNATURE
ADDRESS
Mto Choy o 1
TELEPHONE
71.1- yP0-�5-1