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Return Receipt Requested
June 01,2016
William Green
Town of Andrews
PO Box 1210
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-2016-0103
Cherokee County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$613.93 ($500.00 civil penalty+
$113.93 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 December 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 December 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(ax2),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

,
$500.00 1 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 Geometric Mean for FEC COLI.
$500.00 TOTAL CIVIL PENALTY
$113.93 Enforcement Costs
$613.93 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.
Within 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 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

Option 3: File a petition for an administrative hearinE with the Office of Administrative Hearines: v
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 by NCGS§15013-23.2)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
G WR\WQCyerokee\WavewwwWlu cipJ4%Mrews WWTP 2080LLs=20164103 of

2
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0103 County: Cherokee
Assessed Party: Town of Andrews
Permit No.: NC0020800 Amount Assessed: $613.93
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(Le., explain the
steps that you took to correct the violation and preventfuture occurrences);
(c) the violation was inadvertent or a result of an accident(Le., 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(Le., 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-2016-0103
Having been assessed civil penalties totaling$613.93 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated June 01,2016 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-2016-0103
PERMIT: NC0020800 REGION: Asheville
FACILITY: Andrews WWTP COUNTY: Cherokee
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month!Yr Parameter Frequency Measure Value Value Limit Type Amount
12/5/2015 12-2015 Coliform, Fecal MF, 5 X week #/100m1 400 858.20 114.6 Weekly $500.00
M-FC Broth,44.5C Geometric
Mean
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-2016-0103
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 Weekly Geometric Mean Fecal exceeded the permit limit by 114.55%.
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.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 four civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$113.93.
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

(te10.6- ,,, ..ia..e.a)
EFFLUENT
NPDES NO: NC0020800 DISCHARGE NO: 001 MONTH: December YEAR: 2015
FACILITY NAME: Town of Andrews WWTP CLASS: Ill COUNTY: Cherokee
CERTIFIED LABORATORIES(1): Earth Environmental CERTIFICATION NO. 352
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) Tim Wood GRADE III CERTIFICATION NO. )00 03 2.g
PERSON(S)COLLECTING SAMPLES: Operators ORC PHONE (gag) 357- 8630
CHECK BOX IF ORC HAS CHANGED: NO FLOW I DISCHARGE FROM SITE*
MAIL ORIGINAL AND ONE COPY TO:
ATTN:CENTRAL FILES
Division of Water Quality /
1617 Mail Service Center X a. _)I ///z//6
Raleigh,NC 27699-1617 (SIGNATURE OF OPERATOR IN R SPONSIBLE CHARGE) DATE
BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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•
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 ILE.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 air aware that there are significant penalties for submitting false information,including the possibility of
fines and imprisonment for knowing violations."
Ed Burchins-Adm' istrator/Town of Andrews
Permittee (Plea ' or type)
II ILO II.
Signature of Permittee*** bate
(Required unless submitted electronically)
PO Box 1210 Andrews NC.28901 828.321-3113 8/312017
Permittee Address Phone Number - e-mail address - Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification i Io. -
Certibedi:aboratory(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 80.0204.
***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

RE: Non-Compliance on weekly Fecal Coliform for week ending 12/04/15
Explanation and Resolution:
For the week beginning on 11/30/15 and ending on Friday, 12/04/2015, the Andrews Wastewater
Treatment Facility tested above the weekly permitted limit of 400. During this particular week,the area
of the Andrews WWT Facility experienced several days of heavy rainfall.This causeed our daily flows to
increase exponentially above our rated flow every day of that week. Our rated capacity is 1.5 and we
averaged approximately 1.951 for each day on the week as a whole. Considering there is no way to
alleviate the amount of flow (at least from our facilities current capability) my initial response was to
adjust the rate of our Chlorine feed in order to account for the increase in flow. Unfortunately, this
effort seems to have had little effect as our fecal still remained high.The reason for this,we determined
to be, was that based on the constancy of such a heavy flow there was not adequate mixing time in our
contact basin.
While Andrews WWTP Operators/Staff are not directly the responsibility of the cause "I&I", we
understand that it is an issue that must be addressed. And while it is common in our area to experience
high flows on days of heavy rain, it does not typically put us out on our weekly permitted limit. But •
based on the amount and duration of rainfall throughout this particular week, it did. It is my
understanding that the Town, DENR, our Public Works Director Jake Buchanan, as well as McGill &
Assoc. have been discussing and working towards ways in which the town can alleviate or improve this
problem. I believe it will take a collective effort on everyone's part—mine included—to find a solution
that serves to fix the aging/faulty lines which are leading to this, as well as ideas on a solution "in-house"
here at the Andrews WWT Facility to possibly aid in this.
As a new ORC of the Andrews WWTP, I have been learning much, and will continue to. I have noticed
things, and have been made aware of things that I typically wasn't aware of as a mere operator. I have
been working diligently to remedy some of the errors of which the state has made me aware of,and am
happy to report that I have been successful in that endeavor concerning the occasional Chlorine •
Residual daily limits we have been out on recently. I have made some repairs to both our chlorinators
and diffuser piping, as well as eliminated a leak that was until recently not known. As we enter into
2016,this is an issue that should no longer pose a problem. It should show a considerable improvement
in our Chlorine and SO2 feed and distribution, as well as improve both our fecal coliform and residual
chlorine limits as far as our daily/weekly/monthly permitted limits are concerned.
Thank you for your time, assistance,and consideration.
Sincerely,
Tim Wood
ORC-Town of Andrews WWTP
(828)-557-8630
[e-mail]

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