NC0021369_LV20160130 Remission Request_20160825

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0130
Assessed Party: Town of Columbus
Permit No.: NCO021369
County: Polk
Amount Assessed: $362.94
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. § 14313-282.1(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. 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);
(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:
RECEIVEDINCDEQIDWR
AUG 2 5 2016
Water duality
Permitting Section

41
i
STATE OF NORTH CAROLINA
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Columbus
Columbus WWTP
PERMIT NO. NCO021369
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0130
Having been assessed civil penalties totaling $362.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Jud 26, 2016, 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 2.3 -Xf day of �A Lcq 5vr?f , 2014
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ADDRESS
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0130
Assessed Party: Town of Columbus
Permit No.: NC0021369
County: Polk
Amount Assessed: $362.94
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 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. 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);
(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:
N."z-Ou'a, 'x�-ee 4gdgW4 r&`ffe'y-

August 23, 2016
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Wastewater Branch:
RECEIVED/NCDEQ/DwR
AUG 2 5 2015
Water Quality
Permitting Section
I am writing to request remission of the civil penalty for Case No. LV -2016-0130. I do not dispute any of the
facts in the case as outlined in the Notice of Violation, but I do want to provide some context that I think shows
the test result was inadvertent or the result of an accident.
The violation was for Fecal Coliform and I want to show you the results from a period four months before and
four months after this one test:
Fecal Coliform
#/100ML
October 8, 2015
1
October 13, 2015
<1
October 20, 2015
8
October 27, 2015
1
November 1, 2015
1
November 12, 2015
10
November 17, 2015
2
November 23, 2015
7
November 30, 2015
22
December 8, 2015
6
December 15, 2015
<1
December 21, 2015
9
December 28, 2015
10
January 6, 2016
1
January 12, 2016
9
January 19, 2016
<1
January 26, 2016
2
February 2, 2016
<1
February 9, 2016
8
February 16, 2016
February 22, 2016
March 1, 2016
March 8, 2016
March 15, 2016
March 22, 2016
March 29, 2016
April 5, 2016
April 10, 2016
April 19, 2016
April 26, 2016
May 3, 2016
May 10, 2016
May 17, 2016
May 24, 2016
Junel, 2016
June 7, 2016
June 14, 2016
June 21, 2016
June 28, 2016
Fecal Coliform
#/100 ML
>600
<1
2
1
2
3
1
1
10
<1
<1
2
<1
23
5
21
9
<1
<1
<1

iv
We absolutely cannot understand how we can get a reading like this once in an eight month period, especially
when no other reading for that entire time exceeded 23. Also, only three measurements exceeded 10, and
Twenty three (23) of the 39 measurements (59%) were 2 or less.
From the before and after measurements it is clear that Fecal Coliform is not an issue, and we cannot even begin
to contemplate how this would have happened, but it clearly does not fit with the pattern of results before and
after. We could speculate about lab error or sampling error or sample contamination, but nothing seems to make
sense to explain this measurement. It is because of this that we believe the measurement was inadvertent or the
result of an accident. For this reason that the Town of Columbus is asking for a remission of the civil penalty for
Case No. LV -2016-0130.
Thank you for your time and consideration of this request. If you have any questions or need any additional
information, please do not hesitate to contact either one of us.
Sincerely,
Timothy J. Barth
Town Manager
[phone]
Sincerely,
ason Phillips
WWTP Operator
[phone]