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HomeMy WebLinkAboutNC0023540_LV-2024-0263_LV-2024-0731_20240916September 11, 2024 Mr. Andrew eRECEIVED Regional Supervisor NCDEQ, Mooresville _124 Re: Belmont Textile Machinery Co. Notice of Violation Case No. NOV-LV-2024-0263 & NOV-2024 Mt — '�WR/NPDES Permit Number NC0023540 IVI�UC Mr. Pitner, I am writing this letter to you on behalf of Belmont Textile Machinery Company (BTMC) in response to the aforementioned NOV. This letter is a request for remission. From a testing standpoint, this year has been very strange with regards to tests that do not conform with the standards required for a functioning wastewater treatment plant. With that said, it is known to us and the State of NC that our WWTP needs refurbishment OR decommissioning. We have opted for the latter. After years of operating a WWTP shared by 1212 and 1214 W Catawba Ave, we have chosen a path forward that eliminates any wastewater systems that may require testing and/or maintenance which includes updating our WWTP or installing a lift station to pump to the City of Mount Holly (COMH). We have been working for the last 2+ years to start sending our domestic waste to COMH. During this process, we have been annexed into COMH, worked with engineers and struggled with finding contractors willing to quote and/or perform the utilities work necessary to make this happen. Using recent surveys, we determined that if we build a new bathroom at the front of our building at 1212 W Catawba Ave, we would be able to install sewer lines that strictly use gravity to flow to COMH. Also, 1214 W Catawba would have to install a new sewer line from the back of their property to the utilities right of way. In doing this, we would also be able to separate the domestic waste from the two buildings to prevent any future issues for property owners and / or COMH. As of Monday, September 10, 2024, the project to install sewer lines from both properties has been completed. We are now going to start the process of decommissioning our WWTP and then relinquish our NPDES WW permit. In order to achieve these goals, we have incurred many expenses in surveys, engineering, tap fees, the new sewer lines and the new bathroom, not to mention the forthcoming expenses to decommission the WWTP. We are requesting remission of the NOV fine we have received for NOV-LV-2024-0263 and for fine not yet received for NOV-2024-LV-0731. We request remission for these so that any and all money can be put towards the aforementioned projects. Thank you for your consideration. Sincerely, v Walter Rhyne Belmont Textile Machinery Company NI1 R D a,: JUSTIFICATION FOR REMISSION REQUEST S E P 1 SEP 16 _'�A �v� �e t Case Number: LV-20240263 # Y —D � 3 County: NI Q/DWRi of '. DES Assessed Party: Belmont Textile Machinery Company QEQ/DWR/NPDES Permit No.: NC0023540 Amount Assessed: 5 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. 4 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. 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); (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: SLC ? ViC.(o,-ce( Lt4e✓'. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Belmont Textile Machinery Company ) Belmont Textile Machinery WWTP ) PERMIT NO. NCO023540 ) CASE NO. LV-2024-0263 Having been assessed civil penalties totaling $552.13 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 19, 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 day of �FL^Le„ , . 20_1�_ / ) _:WjtA�� SIGNATURE ADDRESS ft pd'"Oti/- IlAIi Ie / l-Ckn I/L 1212 W C4 wiw Ave 1" I oM" f GL. 11 , NC 2 P1 -2 n TELEPHONE Toy— Vz-7 —5