NC0031879_LV20160166 Justification for Remission Request_20160907

September 2, 2016
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Sir or Madam:
CITY OF MARION
P.O. Drawer 700
Marion, North Carolina 28752
OFFICE OF THE
CITY MANAGER
R,ECEW E©N�:vDEt�i�1NR
SEP 0 7 2016
WaterSection
permitting
SUBJECT: Notice of Violation
Case No. LV -2016-0166
Permit No. NCO031879
City of Marion
Corpening Creek WWTP
McDowell County
In response to the Notice of Violation listed above for the City of Marion's Corpening Creek Wastewater
Treatment Plant, the City of Marion wishes to request remission of the civil penalty of $1,362.94 for a
weekly and monthly Ammonia Nitrogen violation for March 2016.
In response to the Notice of Violation, during the latter part of March, the Ammonia levels at the WWTP
were affected by I & I occurring during that time. The high flows due to I & I caused the weekly and
monthly Ammonia levels to be out of compliance. The high flows caused the activated sludge to lose the
ability to denitrify, which aids in the removal of the Ammonia level. After WWTP staff realized that we
had lost the DE nitrification process at the WWTP, we purchased some bacteria from our normal supplier,
Maryland Biochemical, to help bring the process back. The process returned to normal after a short period
of time, but the weekly and monthly Ammonia levels were thrown out of compliance.
The City full believes that there was no impact on the receiving stream from the violations in question.
The appearance of our effluent was also better than might be indicated by these violations. The daily
results of the BOD and fecal tests run during the month show that everything was running normal and
well in compliance at the WWTP, except for this situation that occurred.
I have attached the DMRs that indicate that all other parameters at the WWTP were compliant during the
month, except for the violations noted above.
City Water and Wastewater Treatment Superintendent Larry Carver contacted Janet Cantwell with the
Asheville Regional Office before sending in the March DMRs to explain the Ammonia problem. As part
of the City's continued efforts to reduce and eliminate I & I from the wastewater collection system, our
Public Works Department, through a diligent smoke testing procedure, found the major source of I & I
that caused the violations listed above and corrected them in early April. The Public Works Department
made the appropriate repairs to the wastewater collection system removing the source of I & I.

Before the source of I & I was identified, the Ammonia level for the first week of April was out of
compliance. However, since the I & I repairs were made during the first week of April, Ammonia levels
have returned to normal.
On May 8, 2014, the City of Marion entered into a Compliance Agreement with the North Carolina
Environmental Management Commission to provide a means for the City to address issues associated
with I & I in the City's wastewater collection system. This Compliance Agreement was still in effect at
the time of the March violations listed above and ran until August 31, 2016. Since 2014, the City has
smoke tested over 23 miles of wastewater collection lines, inspected 654 manholes, undertaken several
sewer line repairs, identified 438 sources of I & I and, to date, corrected 317 of the sources of I & I.
At every step of the process, the City has received positive feedback from NCDEQ staff at the Asheville
Regional Office and in Raleigh concerning our efforts.
The frustrating part of this multi-year effort was being unable to locate major sources of I & I. That
changed in late February/early March of this year when, as noted above, the old cooling pond at the
Chamad Warehouse was found to be connected to the City's wastewater collection system. The
elimination of this inflow around April, once approval was granted by the property owner, has greatly
reduced the City's wastewater flow during moderate to heavy rainfalls.
The City would respectfully request that no fine be issued for the March violations, due to the problem
being caused by I & I, the City's continued efforts to reduce I & I in our wastewater collection system,
the City's efforts to enter into a Compliance Agreement with the NCEMC and the City promptly correcting
the violation in question. NCDEQ staff at the Asheville Regional Office and in Raleigh should be able to
attest to the diligent efforts of Public Works Director Brant Sikes and City staff to identify and eliminate
hundreds of sources of I & I in recent years, an effort that has greatly reduced wastewater flow during
heavy rainfall events and which will continue into the future.
The City of Marion needs every dollar possible to invest in making necessary repairs to the wastewater
collection system, as problems are identified. Money could be much better invested in making needed
repairs than in paying fines.
If you have any further questions or need any additional information, please contact me at [phone].
Thank you in advance for your time and consideration.
Sincerely,
Bob Boyette
City Manager
cc: Larry Carver, Water and Wastewater Treatment Superintendent
Brant Sikes, Public Works Director
G. Landon Davidson, Regional Supervisor, Water Quality Regional Operations Section

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0166
Assessed Party: City of Marion
Permit No.: NC0031879
County: McDowell
Amount Assessed: 51,362.94
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);
_j,f-""(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;
1/ (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:
Pf e j fii�c -S ,

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Marion )
Corpening Creek WWTP )
PERMIT NO. NCO031879 ) CASE NO. LV -2016-0166
Having been assessed civil penalties totaling $1,362.94 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 26, 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 16+ day of cam} ��-'v✓N Le,-- , 20
SIG T
ADDRESS
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NC OS -75 2
TELEPHONE

EFFLUENT
NPDES PERMIT NO: NCO031879 DISCHARGE N0: 001
FACILITY NAME: CORPENING CREEK WWTP
OPERATOR IN RESPONSIBLE CHARGE (ORC): LARRY CARVER
CERTIFIED LABORATORIES: 1. CORP. CR. WVVTP 2. ETS LAB
CHECK BOX IF ORC HAS CHANGED: El
Mail ORIGINAL and ONE COPY to.
ATTN: CENTRAL FILES
DIV. OF ENVIRONMENTAL MANAGEMENT
DEHNR
P.O. BOX 29535
RALEIGH, NC 276264535
Person [S] Collecting Samples:
MONTH, March YEAR 2016
CLASS: IV COUNTY: McDowell
Grade: IV PHONE: [phone]
(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)
BY THIS SIGNATURE, 1 CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE -
STAFF
DATE
Denotes Ammonia Limits: Monthly Average Weekly Average
April 1 -Oct 31 1.4 mg/L 4.2 mg/L
Nov 1 -March 31 3.0 mg /L 9.0 mg/L
Code -- Denotes Data to be Qualified with INC DENR/DVVQ Approved Codes.
DEM Form MR -1 (12/93)
50050.0000
10.0
400.0
50060.00
003101
1 1
610.00
00530
31616
300.0
00600
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0.6741
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0.5572
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0.39
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0.6816
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0.7072
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0.6480
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0.6592
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0.6619
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6.09
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15 0600
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0.7698
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< 2.0
4.9
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161 0600
6
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0.7329
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26
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B 3
8.4
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17 0600
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0.7000
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3.8
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8.2
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B 5
8.5
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18 0600
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0.7190
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4.8
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9.7
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0.7264
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0.6215
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0.0
21 0600
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0.5891
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2.2
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9.3
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11.0
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22 0600
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0.6156
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G 31
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0.6087
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0.6381
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0.6968
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16
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1.90
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29 0600
6
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0.6897
15
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22
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30 0600
6
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0.5897
14
6.8
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6
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0.6964
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1.0082
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0.5572
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Sample Freq.
Dail
Dail
Dail
Dail
Dail
Dail
Dail
Dail
Dail
1/Wk
1/Wk
Dail
Denotes Ammonia Limits: Monthly Average Weekly Average
April 1 -Oct 31 1.4 mg/L 4.2 mg/L
Nov 1 -March 31 3.0 mg /L 9.0 mg/L
Code -- Denotes Data to be Qualified with INC DENR/DVVQ Approved Codes.
DEM Form MR -1 (12/93)

EFFLUENT
NPDES PERMIT NO: NCO031879
DISCHARGE NO: 001 MONTH:
April YEAR 2016
FACILITY NAME: CORPENING CREEK WWTP
CLASS: IV
COUNTY: McDowell
OPERATOR IN RESPONSIBLE CHARGE (ORC):
LARRY CARVER Grade: IV
PHONE: [phone]
CERTIFIED LABORATORIES: 1. CORP. CR. VVWTP 2. ETS LAB
31616
CHECK BOX IF ORC HAS CHANGED:
300.0
00600
00665
Person ISI Collecting Samples-
STAFF
Mail ORIGINAL and ONE COPY to:
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BY THIS SIGNATURE, 1 CERTIFY THAT THIS REPORT IS
HRS HRS
P.O. BOX 29535
MGD
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
UNITS
RALEIGH, NC 27626-0535
MGIL Code
MGIL
MGIL
Denotes Ammonia Limits. Monthly Average Weekly Average
April 1 -Oct 31 1.4 mg/L 4 2 mg/L
Nov 1 -March 31 3.0 mg /L 9.0 mg/L
Code - Denotes Data to be Qualified with NC DENR/DWQ Approved Codes.
DEM Form MR -1 (12/93)
50050.0000
10.0
400.0
1 50060.001
00310
610.00
00530
31616
300.0
00600
00665
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MGIL
MGIL
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MGIL
MGIL
MG/L INCHES
1 0600 6 1
Y
0.7882
16
6.7
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3.3
18
< 2.5
2
8.3
0.7
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0.7175
0.2
3
0.6571
0.0
4 0600 6
Y
0.5646
15
6.6
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26
17
< 25
<1 1
7.4
11.3
1.7 1
0.0
5 0600 6
Y
0.6719
is
6.8
< 20
28
12
2.8
< 1
87
0.0
6 0600 6
Y
0.5715
_14
6.6`
< 20
3.3
-97
3.0
<1 1
8.7
0.0
7 0600 6
Y
0.6690 1
14
6.8
< 20
3.9
12
4.1
< 1 1
8.6
0.0
8 0600 6
Y
0.6273 1
14
6.5
48
4.6
12
8.5
< 1
8.3
0.0
9 -
0.6226
0.0
10
0.6071
1
1
0.0
11 0600 6
Y
0.6056
14
8.0
< 20
2.6
G2/3
1.0
< 2.5
< 1
8.9
2.47 1
1 0.28
0.0
12 0600 6
Y
0.8350
15
6.4
< 20
2.3
G?J3
< 0.5
< 2 5
< 1
8.6
0.0
13 0600 -6
Y
0.6384
15
6.8 1<1
20
< 2.0
G 3 <1 0.5
< 25
< 1
90
0.0
14 0600 6
Y
0.6007
15
6.4
< 20
< 20
1 0.8
< 2.5
< 1
9.1
0.0
15 0600 6
Y
0.6190
15
6.3
< 20
< 20
<1 0.5
< 2.5
<1 1
9.2
1
0.0
16
06223
00
17
0.5455
00
181 0600 6
Y
0.5730 1
15
6.5
< 20
< 2.0
< 0.5
< 2.5
<1 1
8.8
2.90
0.57
0.0
191 0600 6
Y
0 6200
16
6.6
1 < 20
< 2.0
< 0.5
< 2.5
<1 1
8.5
0.0
201 0600 6 1
Y
0.6097
16
6.5
< 20
I< 2.0
< 0.5
< 25
<1 1 1
86
0.0
21 0600 6
Y
0.5837
17
6.5
< 20
< 2.0
< 0.5
< 2.5
11 1 1
8.4
0.0
22 0600 6
Y
05546
17
6.7
< 20
<1 2.0
< 0.5
<1 2.5
<1 1
8.5
0.0
23
0.6766
0.2
24
0.5677
D.0
25 0600 6
Y
0.5240
17
6.8
< 20
2.3
< 0.5
< 2.5
> 600
B 5
8.3
2.71
2.2
0.0
26 0600 6
Y
0.6335
18
6.9
< 20
< 2.0
< 0.5
< 2.5
> 600
B 5
8.7
0.0
27 0600 6
Y
0-6222
19
6.5
< 20
< 2.0
< 0.5
< 2.5
50
8"1
0.0
28 0600 6
Y
0.6250
19
6.5
< 20
20
G3
< 0.5
< 2.5
> ' 600
B5
7.9
00
29 0600 6
Y
0.6220
19
6.6
< 20
< 2.0
< 05
< 5.0
> 600
B5
7.7
0.0
30
05981
0.0
31
AVERAGE
06258
16
Rome
21
2 5
44
3.0
3
8.5
48.5
1.19
00
MAXIMUM
0.8350
19
8.0
48
4.6
18.0
8.5
> 600
9.2
11.3
2.20
0.7
MINIMUM
0.5240
14
6.3
< 20
< 2.0
< 0.5
< 2.5
< 1
7.4
2.47
0.28
0.0
Com C I Grab G
G
G
G
C
C
C
G
G
C
C
Month) Limit
3.0000
n/a
6to9
n/a
30
n/a
30
200
>5
n/a
n/a
Sample Fre
Dail
Dail
Dail
Dail
Daily
Daily
D,ilv
Dail
Dail
1/Wk
1/Wk
Dail
Denotes Ammonia Limits. Monthly Average Weekly Average
April 1 -Oct 31 1.4 mg/L 4 2 mg/L
Nov 1 -March 31 3.0 mg /L 9.0 mg/L
Code - Denotes Data to be Qualified with NC DENR/DWQ Approved Codes.
DEM Form MR -1 (12/93)