NC0020354_Remission Request (LV-2024-0017)_20240325

RECEIVED
MAR 2 5 2024
NCDEQ/DWR/NPDES
March 19,2024
North Carolina Department of Environmental Quality
Division of Water Resources
Attn: Vanessa E.Manuel,Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
3800 Barrett Drive
Raleigh,NC 27609
RE: Notice of Violation&Intent to Assess Civil Penalty
Case Number: - 4-0007 w— At.,2t _00 n
Permit No.NC0020354
Chatham Park Recovery Center
Chatham County
Dear Ms.Manuel:
This letter is formal request for remission of the Notice of Violations and Assessment of Civil
Penalty from letter dated February 23, 2024, from NCDEQ-DWR. Which was from the original
NOV &Intent to Assess letter of September 14,2023 regarding the violations that were identified
through the review of discharge monitoring reports(DMRs)for the July 2023 monitoring period.
The letter identified one exceedance for this period and was identified as Daily Maximum
Exceedance for BOD,5-Day and also identified two Monitoring Violations.
These exceedances for BOD are for low flow conditions and feeding of MicroC(carbon supplement
for biological reaction)which can create elevated BOD levels.
The monitoring violations we take exception with as this week of July 4th was a holiday shortened
week,and historically,sampling frequency is relaxed for holidays and weekends. As July 4th was
observed on Tuesday July 4,2023 it only allowed for 4 days of sampling for this calendar week.
Thank you again for continuing to work with the Chatham Park Water Recovery Center. We look
forward to working with NCDEQ-DWR in a very positive and proactive manner as we continue to
improve the facility's environmental stewardship. If upon receipt and review of this information
you have any questions or would like to discuss this matter at greater length,please do not hesitate

to contact me at your earliest convenience at [phone] or our engineer,Jimmy Holland, PE,
with McKim and Creed at(910)409-8717.
Sincerely,
Chatham Park Investors,LLC
Timothy R.Smith
Vice President
cc: File

RECEIVED
•
MAR 2 5 2024
JUSTIFICATION FOR REMISSION REQUEST
NCDEQ/DWR/NPDES
Case Number: LV-2024-0017 County: Chatham
Assessed Party: Chatham Park Investors LLC
Permit No.: NC0020354 Amount Assessed: S1.271.36
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);
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);
(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:
These exceedances are contributed to plant start up and bringing plant biology online and working
through operational parameters and operating conditions for proper and efficient plant operations.
During start up many varying conditions are met and takes some time to provide for and propagate the
proper plant biology to maintain efficient and effective treatment. Our operations attempted to
supplement this with seed biology from the Sanford WWTP to help accelerate this process. We also
used this start up to obtain information for proper operation as flows experienced at he plant were
lower than optimal, and also contributed to issues or concerns with start up operations. With an
increase in flow, the plant will be able to more efficiently provide adequate and efficient
treatment.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Chatham Park Investors LLC )
Chatham Park Water Recovery Center )
PERMIT NO. NC0020354 ) CASE NO. LV-2024-0017
Having been assessed civil penalties totaling$1,271.36 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated February 16,2024,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 day of ,20
RECEIVED ,i/
GN PURE
MAR 25 2024
ADDRESS
NCDEQ/DWR/NPDES 105 Weston Estates Way
Cary, NC 27513
TELEPHONE
919.481.3000

ATTACHMENT A
Chatham Park Investors LLC
CASE NUMBER: LV-2024-0017
PERMIT: NC0020354 REGION: Raleigh
FACILITY: Chatham Park Water Recovery Center COUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 0018-Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
9/30/2022 9-2022 Nitrogen,Nitrate Total Monthly mg/I 10.20 47.4 364.7 Monthly $582 50
(as N) Average
Exceeded
9/30/2022 9-2022 Phosphorus,Total(as Weekly mg/I 2 5.66 183.2 Quarterly $582 50
P)-Concentration Average
Exceeded