NCG590002_Remission Request (LV-2024-0083)_20240510

April 30,2023
Mr.Michael Hall,Regional Supervisor RECE/VED
Water Quality Regional Operations Section
Raleigh Regional Office MAY Z 0 2024
Division of Water Resources,NCDEQ
Subject: Notice of Violation CDEQ/DWR/ I
Tracking Number:LV-2024-0083 PDES
Permit No.NCG590001
Bailey Well#2 WTP
Town of Bailey WTP
Nash County
Mr.Hall,
Thank you for allowing the Town of Bailey the opportunity to respond to this Notice of Violation issued April 04, 2024;
received on April 12,2024,regarding the turbidity daily maximum exceedance violation that occurred during the December
2023 monitoring period.
The sample collected on December 12 was clear, showing no evidence of pigmentation or turbidity. The plant has not
experienced any instances of exceeded turbidity within the past eight months (see graph below). This exceedance event
appears to have been an isolated incident that wasn't attributable to any apparent treatment system failures that would have
taken place during that time.
Bailey Well #2 Turbidity
200
150
100
50 •
0 4 ••••••••"'"'".....""n'..44**A1/4'.4ft• •
_50 a6 av oc oc ��� ls� o� J� 'A he9 OZ` O�� 06- �04 a64 Oe' Oe? Sao Sao `��
,4% �` e �a e tit ti`' LQ. P � tip ,tip 4: 1, ,c.v ti� ti�
As evidence of the good performance that the system has showed on previous and subsequent periods,and considering that
this was an isolated event,we will like to request the state to absolve the Town of Bailey for this incident. It is always our
goal to remain in compliance with regulations set forth by the Division of Water Resources. It is our request that our
cooperation and action in these matters be taken into account by the Division when proceeding with enforcement.
Sincerely,
a.%11164.4jeNit
Owen H. Strickland II,
Mayor,Town of Bailey.
CC:
Vanessa E.Manuel,Assistant Regional Supervisor
Joel Killion,Town Administrator/Town Clerk,Town of Bailey
Andrew White,Regional Manager,Envirolink,Inc.
William Lamm,Bailey Well#2 WTP
Daniel Sears,Compliance Manager

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0083 County: Nash
Assessed Party: Town of Bailey
Permit No.: NCG590002 Amount Assessed: $353.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Right Waiver of 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);
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:
The sample collected on December 12 was clear,showing no evidence of pigmentation or turbidity.The plant has not
experienced any instances of exceeded turbidity within the past eight months.This exceedance event appears to have
been an isolated incident that wasn't attributable to any apparent treatment system failures that would have taken
� 1

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Bailey )
Bailey Well#2 WTP )
)
PERMIT NO.NCG590002 ) CASE NO. JN-2024-0083
Having been assessed civil penalties totaling$353.36 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated April 4,2024,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. /�A
This the 3 RP day of MAY ,20214.
SIGNATURE
ReC°\j GD ADDRESS
MAY 10 2024 P.O. Box
NPpEg 6217 MAUL STREET
NGDEQIpNIRI BAILEY) N.0 . 27801
TELEPHONE
( 5Z) 23 '+'1T?

ATTACHMENT A
Town of Bailey
CASE NUMBER: LV-2024-0083
PERMIT: NCG590002 REGION: Raleigh
FACILITY: Bailey Well#2 WTP COUNTY: Nash
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
12/12/2023 12-2023 Turbidity Monthly ntu 50 159 218.0 Daily $258.00
Maximum
Exceeded