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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