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HomeMy WebLinkAboutNC0020800_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: (919)733-2698 Fax: (919)733-3478 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 janet.cantwell@ncdenr.gov. 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 828-557-8630 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: iCES twood312@yahoo.com FEB — 1 2016 1 water Clumlits,?enione!Operations • . I(6ree - 471,,) 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 twood312@yahoo.com