NC0025321_Remission Request (LV-2024-0150)_20240826

WAYNESVILLE
North Carolina
Gary Caldwell, Mayor Robert W. Hites,Jr. Town Manager
Chuck Dickson, Mayor Pro Tempore l'" "„ ""i` is"'" Martha Bradley,Town Attorney
Jon Feichter,Councilmember hK I
Anthony Sutton,Councilmember
Julia Freeman,Councilmember
8/20/2024
RECEIVED
Mr. Richard Rogers, Director
Division of Water Resources AUG 26 2024
Wastewater Branch
1617 Mail Service Center NCDEQ/DWR/NPDES
Raleigh, NC 27699-1617
Re: Request for remission or mitigation of fine-LV-2024-0150
Dear Mr. Rogers
We are respectfully requesting remission or mitigation of fines incurred in March 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-ACC8255DB25C
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2024-0150 County: Haywood
Assessed Party: Town of Waynesville
Permit No.: 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 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 ofa 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);
(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:
March 2024 exceeded permit weekly average for weeks 2,4, and 5 for BOD. Also, failed monthly average for BOD. TSS
exceeded permit weekly average for weeks 2,4, and 5. Also, failed monthly average for TSS. Exceeded permit Fecal
Coliform Geometric mean for weeks 3,4, and 5. Also, monthly Fecal Coliform Geometric mean.
Issues that caused these permit violations:
1. Construction company pumped down outside secondary clarifier too fast on 3/6/24. They pumped directly into
the inside secondary clarifier.
2. 3/11/24 finished pumping down outside clarifier.
3. Primary Clarifiers were not working the whole month. They were bypassed to get fixed for turning into secondary
clarifiers. Had several days of pumping sludge from primary clarifier to aeration. We got the left-hand clarifier back
functioning.
4. 3/18/24 the inside secondary clarifier was inoperable. Broke beyond fixing.
5. 3/25-27/24 construction company pumped down two aeration basins so that they had time for bypass of
secondary clarifiers to primary clarifiers.
6. 3/28/24 construction company did bypass of secondary clarifiers sending aeration effluent to primary clarifiers.
7. Heavyrain duringthe month which caused high flows.
9

Dacuslgn Envelope ID:BCA630A0-207B-4737-B5C8-ACCB255DB25C
If you have any questions,please contact Lauren Armeni with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
CDocuSIgned by:
avut�. I5OSS
E397192DABFB4FF.,.
Daniel Boss,Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS:Justification for Remission Request,Attachment A
Ec: Laserfiche.-
i

Docusign Envelope ID:BCA630A0-207B-4737-B5C8-ACCB255DB25C
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HAYWOOD
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. LV-2024-0150
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 A:ugust.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 19th day of August ,20 24
RECEIVED
SIGNATURE
AUG 2 6 2024 ADDRESS
NCDEQ/DWR/NPDES
Town of Waynesville
16 South Main Street
Waynesville, NC 28786
TELEPHONE
828-452-2491