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Home My WebLink AboutNC0042251_LV-2024-0158_20240708July 08, 2024 Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington 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.l(a)(6) and NPDES WW Permit No. NC0042251 Pender County Board of Education/Schools Pender High School WWTP Case No. LV-2024-0158 Pender County Ms. Sanchez -King, The Pender County Board of Education and Schools appreciates the opportunity to respond to the Notice of Violation issued June 06, 2024, received on June 10, 2024, for (1) Total Residual Chlorine daily maximum exceedance and (1) Ammonia Nitrogen monthly average exceedance that occurred during the March 2024 monitoring period. The Pender High School Wastewater Treatment Plant (WWTP) is a small facility with a rated flow capacity of 0.02 MGD, making it highly sensitive to influent flow changes. In March, two distinct events led to monthly average Ammonia Nitrogen exceedances. The first occurred on March 7, when additional cleaning activities during the spring break (March 4-8) resulted in an elevated Ammonia Nitrogen value of 18.4 mg/L. Normal school operations from March 11-21 saw levels below 0.2 mg/L, confirming the exceedance was not due to regular activities. The second event on March 28 produced a value of 14.7 mg/L, caused by a temperature increase that required higher dissolved oxygen for efficient treatment. In response, the facility operator increased blower runtime to raise Dissolved Oxygen levels, successfully bringing the system back into compliance. Regarding the Total Residual Chlorine daily maximum exceedance reported on March 13th, we believe this was an erroneous reading value and not representative of the system's actual performance. Routine residual chlorine concentrations have been consistently maintained without changes, and the system has historically been in compliance with TRC daily maximum limits. The dechlorination system is closely monitored and replenished daily. This isolated exceedance appears to be an outlier, likely due to either an inaccurate measurement or sampling error, rather than reflecting any operational deficiencies. As a small school system with limited resources, we would appreciate the Division taking this factor into account when considering enforcement. As you review this matter, we request that you consider the historic performance of the facility and actions taken by Pender High School and its WWTP Operators. Sincerely, Ynmo Michael Taylor, Auxiliary Chief Officer Services Pender County Board of Education/Schools CC: Johnny R English, Pender High School WWTP ORC. Daniel Sears, Envirolink, Inc. DocuSign Envelope ID: 7DD7A165-C10E-435A-B917-6628B8EAA71F JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2024-0I58 County: Pender Assessed Party: Pender County Board of Education/Schools Permit No.: NCO042251 Amount Assessed: $1,076.51 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 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 maybe 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. 14313-282.1(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: The Nitrogen Ammonia occurred on March 7, resulted for additional cleaning activities during the spring break (March 4-8) resulting in an elevated Ammonia Nitrogen value of 18.4 mg/L. The second event on March 28 produced a value of 14.7 mg/L, caused by a temperature increase that required higher dissolved oxygen for efficient treatment. In response, the facility operator increased blower runtime to raise Dissolved Oxygen levels, successfully bringing the system back into compliance. Regarding the Total Residual Chlorine daily maximum exceedance reported on March 13th, we believe this was an erroneous reading value and not representative of the system's actual performance. Routine residual chlorine concentrations have been consistently maintained without changes, and the system has historically been in compliance with TRC daily maximum limits. The dechlorination system is closely monitored and replenished daily. This isolated exceedance appears to be an outlier, likely due to either an inaccurate measurement or sampling error, rather than reflecting any operational deficiencies. Docu&gn Envelope ID:7DD7A165-C10E-435A-B917-6628B8EAA71F STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Pender County Board of Education/Schools Pender High School WWTP PERMIT NO. NCO0422S I DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2U� 24-0158 Having been assessed civil penalties totaling $1_ 076_51 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 05_ 2� the undersigned, desiring to seekremission 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 10th day of July T 2024_ �Tic�aa ' g QST(3NT ADDRESS 925 Penderlea Hwy Bur aw NC 28425 TELEPHONE —_ 910-259-2187 DocuSign Envelope ID: 7DD7A165-C10E-435A-B917-6628BBEAA71 F ATTACHMENT A Pender County Board of Education/Schools CASE NUMBER: LV-2024-0158 PERMIT: NC0442251 REGION: Wilmington FACILITY: Pender High School WWTP COUNTY: Pender LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount 3/13/2024 3-2024 Chlorine, Total 2 X week ugll 28 100 257.1 Daily $258.00 Residual Maximum Exceeded 3/31/2024 3-2024 Nitrogen, Ammonia Weekly mgll 4 8.27 106.9 Monthly $645.00 Total (as N) - Average Concentration Exceeded