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Home My WebLink AboutNC0020800_LV20160039_20160129 • PAT MCCRORY Governor DONALD R. VAN DER VAART Serrercry Water Resources ENVIRONMENTAL maitre. S. JAY ZIMMERMAN Direcmr Certified Mail #7014 0510 0000 4466 7799 Return Receipt Requested January 29,2016 RECEIVEDINCDEQ/DWR Mayor Nancy Curtis FEB 0 2 2016 Town of Andrews PWater Quality O Box 1210 Permitting Section Andrews,NC 28901-1210 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES WW Permit No.NC0020800 Town of Andrews Andrews WWTP Case No. LV-2016-0039 Cherokee County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$909.26 ($750.00 civil penalty+ $159.26 enforcement costs)against Town of Andrews. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Andrews for the month of June 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0020800. The violations, which occurred in June 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Andrews violated the terms, conditions or requirements of NPDES WW Permit No.NC0020800 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Andrews: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Option 2: Submit a written request for remission or mitigation including a detailed justification for such • request: 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0039 County: Cherokee Assessed Party: Town of Andrews Permit No.: NC0020800 Amount Assessed: $909.26 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. 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: ATTACHMENT A Town of Andrews CASE NUMBER: LV-2016-0039 i PERMIT: NC0020800 FACILITY: Andrews WWTP COUNTY: Cherokee REGION: Asheville Limit Violations MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $0.00 6-2015 001 Effluent NH3-N-Conc 6/30/15 5 X week mg/I 6 7.00 17.0 Monthly Average Exceeded $750.00 6-2015 001 Effluent TSS-Conc 6/30/15 5 X week mg/I 30 37.30 24.2 Monthly Average Exceeded DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT Violator: Town of Andrews Facility Name: Andrews WWTP Permit Number: NC0020800 County: Cherokee Case Number: LV-2016-0039 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 17.04%. One Monthly Average TSS exceeded the permit limit by 24.18%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this assessment. 8) The cost to the State of the enforcement procedures. $159.26 Date G. Landon Davidson,P.G.,Regional Sup rve isor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ EFFLUENT ,� :cr, d) NPDES NO: NC0020800 DISCHARGE NO: 001 MONTH: June;✓K"'YEAR-'' ... .,, 15 FACILITY NAME: Town of Andrews WWTP CLASS: III ,,,,,--c UNTj;,, a l e, CERTIFIED LABORATORIES(1): Earth Environmental CERTIFICATION NO. ,-,ri' 352 '' '',. (list additional laboratories on the backside/page 2 of this form I 00,,v;,,,,' ,,.•,`` vss+1 O;OeB OPERATOR IN RESPONSIBLE CHARGE(ORC) Michael J. Ladd GRADE _ CE}3TIF • !�,of• V<p'e 10942 •, ' PERSON(S)COLLECTING SAMPLES: Operators ORC PHOIE) ;;' 2 2-837-`-. 31 'E CHECK BOX IF ORC HAS CHANGED: ZZ A N I DISCHARGE FROM SI 20 + ; Sr;v 3 $ s MAIL ORIGINAL AND ONE COPY TO: '='r'• t� ,+ 1. AUG ;; �:, �;�,t�. 1 �. Q era<�o �,;. , ATTN:CENTRAL FILES G _ _ /0 I J �. y �aI OP, e ,. - ' \ Division of Water Quality + r� ;/: Ghia 1617 Mail Service Center X �v ~`' ` uelpl, a•i. . A •Raleigh,NC 27699-1617 (SIGNATURE OF OPERATOR IN RESPO LE C �a`C1P,\ ' •ATE - "'454- BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT iSr t?y, r .. � t ut,,1:='; 7015 4 xr ACCURATE AND COMPLETE TO THE BEST OF MY KNOvvtry� ;_.,."'' ,� \ Pi 50050 00010 00400 50060 00310 00610 00530 31616 TGP38 00600 00665 00720 N 01042 I 01077 01092 FLOW t I tH I' b,ER CODE EFF X ABOVE NAME AND UNITS INF L 'O E BELOWc 7U p - y � 2 O OG ud Zr- E C 2 H 69 = co o ., o a o 'E ui m :2 g O Z a c a < ¢ nC6m a v 0 o R p > c a uu 15i o i0 0 ce E m E '9 v m ;o c ;, o m N . 1-7, T. a I- O0 io HRS HRS Y/NIB MGD °C S.U. UGL MG/L MG/L MG/L #100ML PASS/FAIL MG/L MG/L MG/L MG/L MG/L MG/L QQ, 8•'• .e,',ya4i9An '191 "62 .19 ..- a iYr f°%r e0Ai y t 3 _. °1 ,"!;,r I 2 0700 8 Y 0.538 19 5 6 4 <10 26.2 10.9 24.0 600 PASS - '�' " 3 .0700 6.,. C+4_.,r. 8= 6 2 • <,10 y,. 1 .11; a y�� 1 F F: �.�• r', 'R . � "dxF,�4lt��z -�.',� 341" �� u�.,�y� .. ,. �ts b.e �r. 4 0700 8 Y 0.427 18.2 6 5 <10 26.2 10.2 28.0 27 (17 G 5 47f.a0x,�°f'9. 6001040-0:,:: 6.3 <10 32:974'4a,i14*` , U i 6 0800 4 B 0.402 ry i + / 8 0700 8 Y 0.354 20.1 6.1 <10 24 1 9.1 49.0 < 5 10 0700 8 V 0.494 19.5 6.3 13 26.3 5.8 45.4 5 S iirl a :F� '€t' .t`.0 0.,' :<10 '32.6 7.5 40 <,. 10 --44.1.:" 12 0700 8 Y 0.418 21.0 6-0 ':10 21.5 4-; 307 14 s.F rt 14 0800� 4 B 0.366 �¢py .y ' 0y.��6 416 1i ?.TEe�" 2 '`i,fle'.'45 t'S_ Y 9 w. . ':':A.MA_ , 16 0700 8 Y 0.377 22.1 6.1 <10 23.5 4.5 44.2 > 12800 -.4-tit 7.0700 8 Y o.373` ,..21:1, . 6 4 c):':.' 18.0 4.5 18.$ 86; ..> �'$, _ .. _, .. .,., g 18 0700 8 Y 0.374 21.1 6 1 <10 3 0 46.0 100 19 .tIgl .a ` a.7,444:o'�i'W„7,Q :6 0 ✓; . -25,P 4;3 .4-4,17,7'- ;'tea* - '.., :, r n 20 0800 4 8 0.380 A: , sem' . .. 4 't"r,.. :A - t'`- ' a r • , a,"'`s. %{fs'' "'s' 22 0700 6 Y 0.410 21.4 6.0 <10 25.2 4.5 37.0 - 23• 0700 8 `', , $ iriOnt4ig MO:, 43.0 115 • 'x .: . s-: 2407A0F0 8 Y 0.355 21.9 6.0 <10 36.8 4.3 43.4 33 ; 8 r,� 704.? ;a G.,,�'��reMS'M:.4q:iM 0 ':nn • ns#, :W4- S F"' .. 26 0700 8 Y 0.349 21.8 6.2 <10 31.7 6.4 26.4 > 6000 A *e :ir. 4 8 034f; � ` u ..m,,4.;.-- M rlio4t 004fi .5, ��xk 28 0800 4 B 0.377 •V4:13e. ltik -tN00'4 * 80>.. .<s1Us,, ..28;1_ 4 `t`r ljtaa'.'t i" `l 30 0700 8 Y 0.394 21.2 6.0 <10 34.9 7.0 42.7 270y AVERAGE: 0.401 20.5 29.0 7.0 el 56 NM '�[.��.�. ':r - l0'Y Vpal• i T'a� -V412-^ T `��M1 < ,..:v E . MINIMUM: 0.341 18.2 6.0 <10 18.0 3.3 18.5 4 '-'1mJ°}F!' t tl ti t$ 4F4 . '1:]1:'''.,:', '1;;I:::'1 ,ae �_C, A. W;C z , a siF3 -'fit . Monthly Llmit 1.5 6-9 28.0 30.0 6.0 30.0 200 ' I "''`''O The Effluent BOD for 6/23&25115 C#1 -No sample dilution met the requirement of a DO residual of at least 1.0 mg/L.Forth MR (Re ised ) �V sofv V - ?A/ - LV- 62r 7 /L}4 V.... i9/6 --0 0 3 9 2_076- i� .�O�yto'k er 2615 ! I ]ivisior. of Yva_a„ Response to Notice of Violation and Notice of Intentito Enforce _ OCT P '?0i5 !Ala+or R$,oima,(-Thermions Dear Mr. Davidson, • .____._.__._...__.___.._._ I am writing this letter in .response to the most recent NOV/N01 that the Town of Andrews • Wastewater Treatment Facility received on October 21 concerning our monthly averages for the month of June,2015. • Within the NOV/NOI, our plant failed to meet our monthly limit on both Ammonia Nitrogen (7.02 mg/L) • and TSS (37.5 mg/L). At the time of this issue, I had not yet taken over the ORC responsibilities for our plant, and was not aware that we had experienced any compliance issues for the month in question. • I began to look back through our daily logs, as well as our DMR for the month of June, and have been able to pinpoint why we failed to meet our monthly limit. The cause of this issue, as well as the step/steps we took to resolve it are as follows: Around the last week in the month of May, 2015, we began to notice a slight increase in the Ammonia levels we were getting from our daily effluent samples. This did not cause us any trouble for the month • of May however as it began only in the last week. But as the month of June started, we continued to see it gradually increase over the next two weeks in both our Ammonia and TSS limits.We began to seek the cause behind this sudden change, and found that we had an excess of build-up in our Contact Basin.This happens to be typical for the type of plant and set-up we have here, and we knew immediately that it • was the culprit behind our rising numbers. We then made arrangements with B&B Concrete out of Franklin, NC to schedule a date for a pump truck • to be available. On 6/23/15 & 6/24/15 we then drained, pumped, and washed down our effluent • Contact Basins.After this our numbers improved dramatically, and returned to our normal range. We will occasionally have times where we need to do this, and it will be an annual or bi-annual process. • We will also have times during seasonal changes where we will see such occurrences with our Ammonia and TSS as we did in September based solely on the nature and biology of our plant. But I would like to assure you that there are not, and within our capabilities will not, be any instances where this is an ongoing or perpetual issue. We will always work to find out the problem as well as the solution to make sure we protect our downstream users. • Thank you for your time, effort, and.consideration. Sincerely, • Tim Wood ORC—Town of Andrews WWTP (828)-557-8630(828)-321-3006 twood312@yahoo.com A/PJXs Than* No.-A/C 00a0800