NC0020800_LV20160067_20160304

PAT MCCRORY
atnensor
DONALD R. VAN DER VAART
Water Resources
ENVMONMENTAa Qi}ALttr S. JAY ZIMMERMAN
Certified Mail#7014 0510 0000 4466 1100
Return Receipt Requested
March 04, 2016
RECEIVED/NCDEQ/DWR
William Green
Town of Andrews MAR 1 0 2016
PO Box 1210 Water Quality
Andrews,NC 28901-1210
Permitting Section
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-2016-0067
Cherokee County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,158.22($2,000.00 civil penalty
+ $158.22 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 September 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 September 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

$750.00 3 of the 3 violations of 143-215.1(a)(6)and Permit No.NC0020800, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for CHLORINE.
$0.00 0 of the 4 violations of 143-215.1(a)(6)and Permit No.NC0020800, by discharging waste water into
the waters of the State in violation of the Permit Daily Minimum for PH.
$750.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00020800, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD-Conc.
$0.00 0 of the 1 violations of I43-215.1(a)(6)and Permit No.NC0020800, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N-Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6)and Permit No.N00020800, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS-Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00020800,by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD -Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0020800,by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS-Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.N00020800,by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FEC COLI.
$2,000.00 TOTAL CIVIL PENALTY
$158.22 Enforcement Costs
$2,158.22 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(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
(8) The cost to the State of the enforcement procedures.

With iri thirty(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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 Ri.ht to an Administrative Hearin. and Sti.ulation of Facts"form within thi 30 da s 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
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required byNCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
G. Landon Davidson,P.G.,Regional Supervisor
• Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
Timothy B. Wood/ORC/Town of Andrews •
-ltR'.Wl?'.04.rok.c:gastauatcr:llt:ai;:ipaRAncraaMVP 21.8!.ti\LV-2Oib-:,.,7r.

•
JUSTIFICATION FOR REMISSION REQUEST
•
Case Number: LV-2016-0067 County: Cherokee
Assessed Party: Town of Andrews
Permit No.: NC0020800 Amount Assessed: $2,158.22
•
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:

•
• STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Andrews )
Andrews WWTP )
)
PERMIT NO.NC0020800 ) CASE NO. LV-2016-0067
Having been assessed civil penalties totaling$2,158.22 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 04,2016,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 day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Andrews
CASE NUMBER: LV-2016-0067
PERMIT: NC0020800 FACILITY: Andrews WWTP COUNTY: Cherokee REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 9-2015 001 Effluent BOD-Conc 9/12/15 5 X week mg/I 45 59.60 32.5 Weekly Average Exceeded
$750.00 9-2015 001 Effluent BOD-Conc 9/30/15 5 X week mg/I 30 36.00 20.1 Monthly Average Exceeded
$250.00 9-2015 001 Effluent CHLORINE 9/17/15 5 X week ug/I 28 500 1,685.7 Daily Maximum Exceeded
$250.00 9-2015 001 Effluent CHLORINE 9/25/15 5 X week ugh! 28 500 1,685.7 Daily Maximum Exceeded
$250.00 9-2015 001 Effluent CHLORINE 9/30/15 5 X week ug/I 28 500 1,685.7 Daily Maximum Exceeded
$250.00 9-2015 001 Effluent FEC COLI 9/12/15 5 X week #/100m1 400 3076.20 669.1 Weekly Geometric Mean Exceeded
$0.00 9-2015 001 Effluent NH3-N-Conc 9/30/15 5 X week mg/I 6 7.10 18.7 Monthly Average Exceeded
$0.00 9-2015 001 Effluent PH 9/16/15 5 X week su 6 5.70 -5.0 Daily Minimum Not Reached
$0.00 9-2015 001 Effluent PH 9/23/15 5 X week su 6 5.90 -1.7 Daily Minimum Not Reached
$0.00 9-2015 001 Effluent PH 9/24/15 5 X week su 6 5.80 -3.3 Daily Minimum Not Reached
$0.00 9-2015 001 Effluent PH 9/29/15 5 X week su 6 5.60 -6.7 Daily Minimum Not Reached
$0.00 9-2015 001 Effluent TSS-Conc 9/12/15 5 X week mg/I 45 46.30 2.8 Weekly Average Exceeded
$0.00 9-2015 001 Effluent TSS-Conc 9/30/15 5 X week mg/I 30 34.70 15.6 Monthly Average Exceeded

•
DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Andrews
Facility Name: Andrews WWTP
Permit Number: NC0020800
County: Cherokee
Case Number: LV-2016-0067
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 BOD exceeded the permit limit by 20.09%.
One Weekly Average BOD exceeded the permit limit by 32.5%.
Three Daily Max Chlorines each exceeded the permit limit by 1685.7%.
One Weekly Geometric Fecal exceeded the permit limit by 669.06%.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 18.73%.
One Monthly Average TSS exceeded the permit limit by 15.57%.
One Weekly Average TSS exceeded the permit limit by 2.77%.
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 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 has been one assessment in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$158.22
i
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

40c):ji it Cfr-(je.,))
EF j r
Division of Water Rea011rces
NPDES PERMIT NO. NC0020800 „DIOliIAryfq5NO. 01 1,MONTH_ September YEAR. 2015
FACILITY NAME Town oflAndr ws WWTPOCT G LLUU1i CLASS i III COUNTY Cherokee
CERTIFIED LABORATORY(I) i hart Environmental -
(list additional laboratories on the backside page 2 of this form Io i pnPfations
OPERATOR IN RESPONSIBLE CHAR r C1t.t21 t ods Gr e' II CERTIFICATION NO._1001828
PERSON(S)COLLECTING SAMPLES.= Aet1e"`t�epera'tS; DRC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED, .7.-5441:3 .: 1. NO FLOW/DISCHARGE FROM SITE* El
Mail ORIGINAL and ONE COK)?114: •. r t j s'
ATTN:CENTRAL FILES x Gr a-/.."0- I14/�Z 1 IS
DIVISION OF WATER RESOURCES (SIGNATURE 0 OPERATOR IN i SPONSEBLE CHARGE) DATE
1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
E 50050 00010
00400 0 060 00 310 00610 00530 31616 00300 006(001 00665
5 TGP3B_00720 01042
2 01077 01092
FLOW m Qz QW W Wn
> P « EFF X co Z E ar60 a Td
:.6. INF rg ]U 9 Q
I
'461 LOa LOX U Ua. 1aZ = V a❑ V
c
disinfection
HRS !IRS YB/N MGD ° C UNITS UG/L MG/L MG/L MG/L Y/100ML MG/L MG/L MG/L Pass/Fail MG/L MG/L MG/L MG/L
1::0800:.
7;;: 'Y' 0 420 :: 21 5..::;;;;;;6.5:1;;;;;;;.::;: 10;;;:;;;;;:33l1;;;;;;;;74 33.5 ?:.:55:
2 0730 6 Y 0.453 22.0 6.4 <10 18.7 6.6 15.7 682
3
07:50;;:4 .;;;;;;V:;;;;:;;0:413 , 22 4 7 I:` : '.14:::';: .:43.1;:::` 7;6 ;;;;PA;;;: •GQUR :
4 0730 8 Y 0.398 22.6 6.4 <10 20.6 4.5 27.5 55 -1314"1
7 1 n
6 1030 3 Y 0.168
900;;;4;; Y U 35, . ...H
8 0630 8 Y 0.370 21.9 6.4 27 48.4 9.5 45.7 3600 . . ' •
::Y;;;: '01414.:::r2,7:9.:;. ::'::`6;3 :} .<10 : 70;0: #0:2'. `:61;0. ;;;;001h:
10 0730 7 Y 0.422 22.3 6.4 <1049.4 8.8 39.0 >6000
1:10730:110=;;;1; 21.31:::::;2 ;;;;;;;04;;;;;;;;;;;;; 10::;;;;: .70,7:: :::'815;;;: ';515;;•.;>600:Q
12 0930 4 Y 0.384
d3 0930 3 .. Y :Oi353::::. ': :':: . :::• :.,.. ,: ,... ,.,
14 0730 6 Y 0.365 18,8 6.1 <10 25.3 6.5 16.0 <10
i 5
07:3:0;;; ;; Y :0:361 :::::18:1:':' 1: <10:::::'::S2.p:::::::5 8. 44:5': :d>1: Pass
16 0730 5 Y 0.366 18.7 111D <10 43.2 5.8 25.5 <10
17 0730`:71; ;Y.::';::0:363 .' :1$;7: 'Yr4 : t t ::33:# H5;3:::;;;;;3Z,0;;;;;;;'36:': :;:::6:::.
18 0730 8 Y 0.344 19.7 6.0 <10 30.1 6.5 33.3 9
:::: .:. ,:...
20 0930 3 Y 0.334
21 07:30;:;7';.. Y :::0 360 _: 20 fi 0 3;: <7 0,., :25.3:;,;;;;;8:14:;::;;;;Z5.-.0:;:;;;;;;9;::::
22 073 7 Y 0.338 20.2 6.7 <10 40.9 8.6 41.7 >6000
_-1
24 07313 , t' :0134#:: :: 2V f: 5 <IU 3H:8 'B,L 38.7 ;10
24 073 7 Y 0.337 20.3 Ala <10 29.7 7.9 29.0 <10
25)730 $`:: Y ::0:446 20 ''`:6:4 t 24;3': :`:.8:#: 33;9: <10
26 093i...4 Y 0.387
y/;‘09:3:;;: ;;3U 348
28 0739 6 Y 0.383 21.7 6.2 <10 20.2 5.7 16.8 1000
29 0.730:;;7::::;;;;Y:;;:::;:0;053;;;;;;;;;11.a:;;;;;;: 10:::-;;;; 1-:0;;; 4.9; ;;;;3515:;::::;;;0 :::;:;
30 073 7 1 0.558 21.1 6.6 1500 27.9 4.2 .57.7. >6000
AVERAGE 0.383 20.8 t 7.1 cm155
::.,0:$53=::: :22;6 711;`6;`'.!:;251)0 ':, ::7.11:7 ;;;:01",0;:;
MINIMUM 0.168 18.1 5.6 <10 18.7 4.2 15.7 9
Geinp(C)/Grab:(G)"
Monthly Limit 1.5 6-9 28.0 30.0 6.0 30.0 200
""The Effluent BOD for 9/11/15-QC#1-No sample dilution met the requirement of a DO residual of at least 1.0 mg/L. -
� � zoi4 _i_.1/ 00 a
moo _ t � LV-zo/� - 0
rm R-1(08 05)

•
•
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements X
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
•
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
Ed Burchins-Administrator/Town of Andrews
Permittee• ase print or type)
a,7/01-
r nature Permittee**** /
g of Permittee Date
(Required unless submitted electronically)
PO Box 1210 Andrews NC.28901 828-321-3113 8/31/2017
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)807-6300 or by visiting
http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms.
•
Use only units of measurement-designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
***Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Page 2

( Z' ff)
t�..r �J Permit Enforcement History Details by Owner
3/2/2016 •
1
Owner: Town of Andrews
Facility: Andrews WWTP
Permit: NC0020800
Region: Asheville County : Cherokee
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LR-1990-0391 10/4/90 $300.00 $0.00 $0.00 10/15/90 12/5190 $0 $0.00 $300.00 $0.00 No 1/10/90
LV-1991-0029 12/30/91 $14,250.00 $1,340.07 $0.00 1/30/92 4/1/92 $3750 6/11/92 $0.00 $11,840.07 $3,750.00 No 8/3/92
LV-1992-0027 6/22/92 $1,750.00 $302.99 $0.00 $0.00 $2,052.99 $0.00 No 8/18/92
LR-1994-0008 3/11/94 $500.00 $0.00 $0.00 3/23/94 5/31/94 $0 9/8/94 $0.00 $500.00 $0.00 No 11/2/94
LT-1994-0003 9/12/94 $500.00 $0.00 $0.00 10/4/94 11/30/94 $0 $0.00 $500.00 $0.00 No 12/21/94
LT-2002-0002 10/3/02 $3,000.00 $3,000.00 $0.00 No 11/7/02
PC-2009-0068 6/23/09 $1,000.00 $51.00 $1,051.00 $0.00 No 7/27/09
LV-2016-0039 6-2015 1/27/16 $750.00 $159.26 $909.26 No
Total Cases: 8 Total Penalty Amount: $22,050 Total Enforcement Cost: $1853.32 Sum Of Total Paid: $19,244.06 Total Balance Due: $4,659.26
Sum of Total Case Penalties: $23,903.32 Total Penalties After Remissions: $23,903.32

. . (frif% cpyi____ei
Response to Notice of Violation & Intent to Assess Civil Penalty
This letter is in regards to the recent NOV that the Town of Andrews received for the month of
September, 2015.
According to the NOV issued there were three values where we failed to meet our weekly
averages in BOD, Fecal, and ISS for the week of 9/12/15. Looking back into our logs we did
notice that we had an issue with our main influent pumps for that week. There were both some
electrical issues as well as some mechanical issues with our pumps that we had to address. This
trouble-shooting, maintenance, and repair all took place beginning from the weekend prior to
9/12/15 into the next week also. With our pumps working sporadically at best at this time, as
well as time spent by contractors Mid-Nite Electric to solve the problem, we can only submit
that this was the result of the pumps being down for extended periods of time over those days.
While we were able to continue getting our flow through the plant,there were many times
where the pumps were offline and this meant we were retaining the wastewater for extended
of periods of time before sending it through for treatment. This is the only explanation we have
according to our records that could account for the numbers we experienced for the week of
9/12. As noted in a previous letter, this issue of dealing with those worn out pumps has been
resolved as the Town of Andrews worked expediently towards the purchase and installation of
two new Fairbanks Morse 30HP Main Influent Pumps for our facility. I also believe this had a
direct impact on the other daily (ph, Chlorine, etc.) and monthly averages (Tss) we had on the
whole for the month of September as all of our numbers seemed to run high for that week and
the week following.
I noted in the last response I sent regarding our August DMR that we have seen vast
improvements over the last two months in every area of our plants operation as we deal with
taking steps to repair this aging infrastructure. I also noted that as the new O.R.C. I have been
learning many new responsibilities as well as becoming acutely aware of the necessity of
communicating with our lab tech without fail, addressing issues as they arise, and working to
alleviate them before they become issues! And we will continue working toward that ultimate
goal.
Sincerely,
Timothy B. Wood
Town of Andrews
_ CV' _�(828)-557-8630 NVISiona Vl8idf hcS9:
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[e-mail]
FEB — 1 2016
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Explanation, Reason, and Corrective Actions for Non-Compliance
For the month of September, 2015,Andrews WWTP did not meet its monthly limit in the three following
Categories:
BOD—Monthly Limit= 30,Average=36
TSS—Monthly Limit= 30,Average=34.7
Ammonia Nitrogen—Monthly Limit= 6,Average=7.1
While our Monthly Average for the month of September was not significantly higher than permitted
average, it was still high.There were no changes within the operation and maintenance of our plant that
we feel would have caused this discrepancy. What we do feel, in our professional opinion,that brought
about these higher than usual averages could be based on two criteria:
1. There are always significant changes in our plant's biological process when the seasons begin to
change.We typically see an increase/decrease in some of the parameters every year for a few
weeks when we go from Spring into Summer, and Summer into Fall as is the case here. With
these changes in temps on any given date going from extremely hot to relatively cool, it does
tend to have an impact upon our numbers occasionally. We believe this to be the case in this
circumstance, and by no means see any reason that this should be an ongoing issue.We will
work to adjust flows/return rates/etc. accordingly to make certain of that.
2. We have also been doing a significant amount of cleaning during the months of August, and
September, and will continue into October. Initially, this could have some minimal impact on
the results we are seeing with each of these parameters. We are working in an attempt to make
our plant more sightly and this requires a good bit of pressure washing to the walls/troughs of
some of our tanks.
We will continue to do our best to make sure that we meet both our weekly and monthly limits
according to our permit as we always have.Thank you.
Sincerely,
Tim Wood
ORC—Town of Andrews
(828)-557-8630
[e-mail]