NC0025321_Remission Request (SP-2024-0017)_20240826

WAYNESVILLE
North Carolina
Gary Caldwell, Mayor Robert W. Hites,Jr. Town Manager
op
Chuck Dickson, Mayor Pro Tempore P"' `" "i ii """ Martha Bradley,Town Attorney
Jon Feichter,Councilmember is 1
Anthony Sutton,Councilmember RECEIVED
Julia Freeman,Councilmember
8/20/2024
AUG 26 2024
Mr. Richard Rogers, Director
Division of Water Resources NCDEQ/DWR/NPDES
Wastewater Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Request for remission or mitigation of fine-SP-2024-0017
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Dear Mr. Rogers
We are respectfully requesting remission or mitigation of fines incurred in May 2024.
The Waynesville waste treatment plant is in a poor state of repair. In 2020, the Town and State entered
into a Special Order by Consent to provide a framework for operating the plant while it underwent a
complete renovation.The Town was granted $29 million in State Revolving Funds to finance the
renovation. Due to the poor condition of the wastewater treatment plant,we informed Western
Division of DEQ in 2019 that once several of the major treatment components of the plant were taken
out of service, the Town would not be able to meet the interim treatment limits imposed by the
proposed SOC.
The plant is in the final stages of renovation. Its primary and secondary clarifiers are offline until the
contractor can cut-in the new headworks and primary clarifiers. We have been delayed in bringing the
new headworks and primary clarifiers online due to a two-year production delay in delivery of the
custom-made electric switch box that connects all components of the plant with Duke Power's
transformer bank. The contractor is currently working on an experiment to use the backup generators
to provide power to the new headworks and primary clarifiers. Should we be able to operate those
components of the plant we should be able to provide a much higher level of treatment of the waste.
Our design engineers have warned us that we would face a period when we would not be able to meet
our limits but the staging of the renovations that the engineer, contractor and DEQ approved did not
provide an avenue for the Town to avoid such a downturn in treatment.
Please take our situation into account and understand that we are doing everything in our power to
treat the waste as effectively as possible.
Sincerely,
....//1447/‘,7Se%L.,
Robert W. Hites Jr.
Town Manager
16 South Main Street •P.O. Box 100• Waynesville, NC 28786 Phone[phone] Fax[phone]
Web Address: www.wavnesvillenc.gov

C Docusign Envelope ID:B A630A0-207B-4737-B5C8-ACCB255DB25C
JUSTIFICATION FOR REMISSION REOUEST
Case Number: SP-2024-0017 County: Haywood
Assessed Party: Town of Waynesville
PermitNo.: NC0025321 Amount Assessed: $16,385.15
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 proced ure 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 fature 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_;_
Weekly BOD average for week 2,3,and 4 exceeded permit limit. Also,the monthly average was exceeded for BOD. The monthly
average for Ammonia was exceeded. TheweeklyTSS average for week 2 and 3 exceeded permit limits. Also,the monthly
average was exceeded. The weekly fecal coliform geometric mean for weeks 2,3,4,and 5 exceeded permit limit. The monthly
fecal coliform geometric mean was exceeded. The dissolved oxygen for 5/22/24 and 5/16/24 did not reach minimum Gmg/I.
This was due to several factors:
1. We have not been ableto remove solids across the press since 5/21/24 due to construction happening in the belt press
area.
2. We have had several heavy rain events during the month of May causing high flows that wash out solids.
3. The air issues have been due to waterbggedfine air bubbler system. We have figured out a bleed of system.
4. The return sludge bypass system has had problems.We have got itworking properlyfor now.
5. We were using 2 aeration basins. Have decided that another one is needed. Have treatment going on in 3 aeration
basins.
6. Return sludge pump issues caused the sludge to go septic. This caused high fecal coliform results, TSS, and BOD
issues. We could not feed enough chlorine to combat the fecal coliform issue during this time.
7. The plant is treating with aeration and one secondary clarifier during this phase of the construction.

Docusign Envelope ID:BCA630A0-207B-4737-BSC8-ACCB255DB25C
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF I4AYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Waynesville )
Waynesville WWTP )
PERMIT NO. NC0025321 ) CASE NO. SP-2024-0017
Having been assessed civil penalties totaling$16.385.15 for violation(s) as set forth in the assessment document of the
Division.of Water Resources dated August 6,2024,thee undersigned;desiring!o seek remissien 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 19— of August, 2024
SIGNATURE
RECEIVED ED ADDRESS
AUG 26 2024 16 South Main
Waynesville,NC 28786
NCDEQ/DWR/NPDES
TELEPHONE
828-542-2491