NC0036196_Remission Request (LV-2024-0064)_20240402

RECEIVED
APR 0 2 2024
i 1 NCDEQ/DWR/NPDES
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P.O. Box 550* Newton, N.C. 28658*[phone]
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation and Assessment of Civil Penalty
For Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
And NPDES WW Permit. No. NC0063196
City of Newton
Clark Creek WWTP
Case no. LV-2024-0064
Catawba County
Dear Mr. Pitner:
This is in response to Case No. LV-2024-0064 and the civil penalty for the weekly fecal limit violation. On
December 8th and 9th we had a total of 2 inches of rain fall. The operator on duty turned up the CL2 and
SO2 to help with any fecals being discharged to Clark Creek. However, we don't perform any lab testing
for fecals on the weekend, as our discharge permit specifies we are to test 5 days a week, not 7. We had
the CL2 and SO2 up on Monday for the increased rain fall.All CL2 limits were met but we didn't increase
it enough to prevent a fecal number of 13400.This number than put us out for the week. If you look at
1

the EDMR, all of the numbers for the rest of the week were good and within permit limits.
After reviewing all data and because of the weather conditions for the previous 2 days,The City of
Newton feels that this civil penalty should be removed or reduced. Our operators acted with care and
due regard to the plant in their efforts to make sure that the Clark Creek WWTP stayed in compliance
during the rain event.
All operators have received additional training, and have been reminded that,with increased rainfall,
we may have an increase in fecals and that they may need to adjust the CL2 and SO2 gases accordingly.
If they need any guidance on the weekend,they have been informed to contact the Chief Operator or
WWTP Superintendent.
In light of the rain and circumstances,the City of Newton would again request that the civil penalty be
reduced or removed from the NOV. We have made several changes that we feel will help this from
happening again.
Sincerely,
0\:.ova.„7
Eric Jones
WWTP Superintendent
City of Newton
2

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0064 County: Catawba
Assessed Party: City of Newton
Permit No.: NC0036196 Amount Assessed: $722.13
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);
_ (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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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Newton )
Clark Creek WWTP )
)
PERMIT NO.NC0036196 ) CASE NO. LV-2024-0064
Having been assessed civil penalties totaling$722.13 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated March 12,2024,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 U day �
of ��L 4 ,20 r9-(/
IGNATURE
REICEWED ADDRESS
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