NC0025321_Remission Request (LV-2024-0149)_20240826

WAYNESVILLE
North Carolina
Gary Caldwell, Mayor Robert W. Hites,Jr. Town Manager
Chuck Dickson, Mayor Pro Tempore i'"" "" v,itl' "" ' Martha Bradley,Town Attorney
Jon Feichter,Councilmember 187l
Anthony Sutton,Councilmember
Julia Freeman,Councilmember RECEIVED
8/20/2024
AUG 26 2024
Mr. Richard Rogers, Director
Division of Water Resources
Wastewater Branch NCDEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Request for remission or mitigation of fine-LV-2024-0149
Dear Mr. Rogers
We are respectfully requesting remission or mitigation of fines incurred in February 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,
Robert W. Hites Jr.
Town Manager
16 South Main Street •P.O. Box 100• Waynesville, NC 28786 Phone[phone] Fax[phone]
Web Address: www.waynesvillenc.gov

Docusign Envelope ID:BCA630A0-207B-4737-B5C8-ACCB255DB25C
JUSTIFICATION FOR REMISSION REQUEST
Case Num ber: LV-2024-0149 County: Haywood
Assessed Party: Town of Waynesville
Permit No.: NC0025321 Amount Assessed: $12.635.15
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 a/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
statement.s 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) X the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent orprepare.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:
BOD weekly averages were exceeded for weeks 1,2,and 3. The monthly average for BOD was exceeded. TSS weekly
averages were exceeded for weeks 1,2,and 3. The monthly average for TSS was also exceeded. The daily max for chlorine
was exceeded on 2/19/24.
The permit weekly and monthly averages were exceeded due to several factors.
1. The press was being rebuilt starting in early January to February 26,2024. We were unable to remove solids from the
plant.
2. The outside secondary clarifier has been down the whole month of February.The plant has been running on one
secondary clarifier.
3. The right-hand primaryclarifierwas down the whole month of February. Construction company pumping it down to head
of plant.
4. On February 28,2024,both primary clarifiers are down. The turn tables are broken. Started bypass of primary clarifiers to
aeration basins. This was planned anyhow to use them as secondary clarifiers so the construction company can rebuild
secondary clarifiers. However, we are still using the onlyworking secondary clarifier and trying to get solids out of primary
clarifiers so that we can weld turn table back.
5. Heavy rain a couple of days.

Docuslgn Envelope ID:BCA630A0-2078-4737-B5C8-ACCB255DB25C
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HAYWOOD
IN TI-IE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST )
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town ofWaynesville )
Waynesville WWTP )
)
PERMIT NO. NC0025321 ) CASE NO. LV-2024-0149
Having been assessed civil penalties totaling$12.635.15 for violation(s) as set forth in the assessment document of the
Divisfo Ilof Water.Resources-dated August 6,2024.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 —19 of August ,2024__
SIGNATURE
RECEIVED ADDRESS
AUG 2 6 2024 16 South Main Street
Waynesville,NC 28786
NCDEQ/DWR/NPDES
TELEPHONE
828-452-2491