NC0020354_Remission Request (LM-2024-0007)_20240325

RECEIVED
MAR 2 5 2024
March 19,2024 NCDEQ/DWR/NPDES
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: LM-2024-0007
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 1
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.
Vice President
cc: File

•
JUSTIFICATION FOR REMISSION REOUEST
Case Number: LM-2024-0007 County: Chatham
Assessed Party: Chatham Park Investors LLC
Permit No.: NC0020354 Amount Assessed: $347.22
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 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.

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. LM-2024-0007
Having been assessed civil penalties totaling$347.22 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated February 23.2024,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 •
MAR 25 2024 S ATURE
NCDEQ/DWR!NPDES ADDRESS
105 Weston Estates Way
Cary, NC 27513
TELEPHONE
919.481.3000

ATTACHMENT A
Chatham Park Investors LLC
CASE NUMBER: LM-2024-0007
PERMIT: NC0020354 REGION: Raleigh
FACILITY: Chatham Park Water Recovery Center COUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001E-Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
7/3/2023 7-2023 BOD,5-Day(20 Deg. 5 X week mg/I 7.50 13.2 76.0 Daily $233 00
C)-Concentration Maximum
Exceeded
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001E-Influent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
7/1/2023 7-2023 BOD,5-Day(20 Deg 5 X week mg/I Frequency $0.00
C)-Concentration Violation
7/1/2023 7-2023 Solids,Total 5 X week mg/I Frequency $0.00
Suspended- Violation
Concentration