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Home My WebLink AboutNC0020486_LV20150106 &0107 Request to Remit_20151022Pat McCrory Governor North Carolina Department of Environmental Quality October 22, 2015 7013-2630-0001-8998-3974 CERTIFIED MAIL RETURN RECEIPT REQUESTED Thomas Spain, Director HWRF City of Henderson 1646 West Andrews Ave Henderson, North Carolina 27537 Dear Mr. Spain: Donald van de Vaart Secretary Subject: Denial of Request to Remit Civil Penalties City of Henderson WRF NPDES Pen -nit NCO020559 Case Nos. LV -2015-0106 and LV -2015-0107 Henderson County On August 11, 2015, the Division of Water Resources (the Division) received your request to remit civil penalties. However, by statute the Division must consider your request tardy. North Carolina General Statute 143-215.6A(f) states that, "Remission requests shall not be considered unless made within 30 days of receipt of the notice of assessment. " Also please note that any future request for remission must be received at the Central Office, NCDEQ/DWR/NPDES, 1617 Mail Service Center, Raleigh 27669-1617 [not Raleigh Regional Office]. As consequence, this letter serves to inform you that penalty -assessment payment for both subject cases is now due in the amounts of $541.10 (including $41.10 in enforcement costs) for each case: $541.10 + $541.10 = $1,082.20 Total Due. Unless payment is received by November 10, 2015, the Division will refer your case to the North Carolina Attorney General's Office for collection through the courts. If you have questions, please email me Uoe.corporon a ncdenr.gov] or call my direct line 919-807-6394. 'I, cc: Enforcement Files — LV -2015- 01 RRO/SWPS, Danny Smith - Sup Central Files cc: Frank Frazier, Henderson City Manager 6� d LV -2015-01 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: mvw.nmaterquality.org An Equal Opportunity1 Affirmative Action Employer— Made in part by recycled paper CITY OF HENDERSON 1434 Pbst Offilbe. Box =1434 e,n60 1,536-1434 Refiddr9o, North Carolina2 Hendergon Water Reclamation Facility 1646 West Andrews Avefide Henderson; 'North Caro'11hA 27537 37 Phone: (252) 431-6,0$0 PAX: (252) 492-,3524 Dear Mr. Smith, On 1-24-15 we violated our weekly effluent geometric mean limit of 400/100ml for fecal coliform. Our geometric for the week was 516.7/100m1. As I said previously, we were receiving iving irregular fecal counts, entering our UV from the plant 'final clarifiers.. We had Trojan technologies logies come in and diagnose the problem with our UV and they turned up the output of the unit. An adjuArfient we could r6fnfA6. I don't think sludge solid's Xad,dh impact on this since the highest suspended solid reading was 4.9 mg/1 during the week 'of the -fecal coliform violation. The W6,6Rly geometric mean of 516.7/100 ml should have little or no effect on aquatic life in Nuibus'h Creek. We do nothave a -history of Fecal Coliform violations. In fact during last s year?' inspection we were complemented by the state for being in compliance with all — � _p peftint limits for the year. We had one day that basically caused the violation. On 1-21-15 84-15 NC-DENR W4tet,, Quality Regional Supervisor W$_, Mail '&e"mc Center k-966R46nal Office Raleigh," North Carolina 27699-1628 REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT FOR VIOLATIONS OF NORTH CAROLINA GENERAL STATUE 143-215.1(a)(6 and,NPIJVS Permit NCO020559 City 6f-H&hddrson Henderson WRF Case No LV -2015-0107 Dear Mr. Smith, On 1-24-15 we violated our weekly effluent geometric mean limit of 400/100ml for fecal coliform. Our geometric for the week was 516.7/100m1. As I said previously, we were receiving iving irregular fecal counts, entering our UV from the plant 'final clarifiers.. We had Trojan technologies logies come in and diagnose the problem with our UV and they turned up the output of the unit. An adjuArfient we could r6fnfA6. I don't think sludge solid's Xad,dh impact on this since the highest suspended solid reading was 4.9 mg/1 during the week 'of the -fecal coliform violation. The W6,6Rly geometric mean of 516.7/100 ml should have little or no effect on aquatic life in Nuibus'h Creek. We do nothave a -history of Fecal Coliform violations. In fact during last s year?' inspection we were complemented by the state for being in compliance with all — � _p peftint limits for the year. We had one day that basically caused the violation. On 1-21-15 �.Y the count was 3,200/100 nils. Also, the first day of the week4was a holiday. If we had sampled all five days I believe we.would, have been incompliance. A 3,200/ml count is not normal for our system. The violation Was not.imentional. We promptly called -in ^a 'service techao�work on the 'UV System. We have Y a history of being in compliance with Fecal ,, ' Coliforin. The damage, if any was very snmll.and dissipated Within a day or two.Wsaved no money with this violation and no money had to be spent. because of it. The 'effect oii:. 6 'o surface water quality was small and brief. I don't know for sure what caused tlie:violation but I do knout ihat microscopic size bits of algae can c 6 .„ - - ..� bits. , _- carr a ,huge .number of fecal�:coliform" in their stiictuTe:, I also. can't explain why the wastewater entering our UV reactor can have a fecaljcourit of 1,500110- mis one day and ih& next day the fecal count entering the UV Reactor can be as high as 30,000/100"s but there is definitely a correlation between higher Fecal counts.in the incoming wastewater causing higher counts after UV disinfection. I request under the circumstances that no fine be issued for this violation. Operation of our, plant has been extremely difficult with the major renovation taking place. We have always kept compliance as our goal when operating our plant. You can contact me at 252-432-4547 if you need further information. Sincerely, Thomas:IvIS ,pain Director HWRF C: Frank Frazier, Henderson City Manager JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV -2015-0103 County: Vance Assessed Party: City of Henderson Permit No,: NC0020559 Amount Assessed: $ 541.10 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 Stipulatioft of'Facts " form to request remission of this civil penalty. You should attach any documents that you believe support you%rrequest 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•pro,cedure for contesting whether the violations occurred or the accuracy, of any of the factual statements contained in the civil penalty•assessment ocument. Pursuant to N.C.G.S. § 143B -282.1(c), remission of a civilenalt ma be p . y y granted only when ore or more of the following five factors applies. 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 violationi.e. explain the steps ( p that you took to correct the violation and prevent f:tture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain wiry 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: Gt/G � It n'V-r (c/e e C/ 1'R� &e� of y Sys. �rn J� .4 opr� L-6 ,4k 0- � �' e STATE OF NORTH CAROLINA COUNTY OF VANCE CITY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST HENDERSON WRF PERMIT NO. NCO020559 C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV -2015-0107 Having been assessed civil pendlfies totaling $ 541:10 for violations) as set'foith in the assessment document of the Division of Water Resources —Water Ouality Programs_dated 6/26/2015, 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 fact§'are as alleged iri'the assessment document: The undersigned further understands'thh't all evidence presented 'm* suppoil'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 they day of ��. t�v7` 20� 'o. �Z ,� SIGNAT RE ADDRESS TELEPHONE M, 0, 5