NC0040011_Remission LV20150126 & 0127_20150918

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� TOWN OF YANCEYVILLE RECE{VEDIDENRIDWRSEp 28 2015
INCORPORATED
"Tradition with Vision" isas Permitting SSection
r-,
September 18, 2015
Mr. Charles Weaver
NC DENR/DWQ/NPDES
1617 Mail Service Center
C.) 0.
Raleigh, NC 27699-1617 4L"
Subject: Remission request File No. LV-2015-0126 & LV-2015-01217—Yanceyville
WWTP NCO040011
Dear Mr. Weaver,
The.Town of Yanceyville and Envirolink, Inc. appreciate the opportunity to ask for
remission of the penalty, for exceeding the weekly average permit limit value for Fecal
Coliform, and TSS in February:2015; and for the weekly average permit limit value for
Fecal Coliform the first week of March 2015.
In accordance with the remission request we believe the following factors should be
taken into consideration: 1) Immediate action was taken by the Operator of Responsible
Charge (ORC) to abate any continued environmental impact from this plant upset
caused by an illegal discharge to the collection system. 2) We believe it is important to
reply to both of these with the same letter, as they both were issued on the same date.
To further clarifier, the two (2) NOV's were administered at the same time by NCDENR
staff, and then the two (2) penalties were administered at the same time by NCDENR
staff. Therefore, we believe that the penalty should be handled as such, and the Town
should not be accessed separate enforcement costs.
To provide-some background prior to sampling during the week of February 9, 2015,
the ORC observed a reddish oily substance in the influent barscreen which caused
treatment difficulties in one of the SBR trains. The ORC then seeded from the healthy
side to the affected side to improve treatment, and abate any environmental impact
from what he perceived to be a slug of highly concentrated wastewater. Unfortunately,
it took several weeks for the SBR train to recover and regain its healthy state. For
158 E. Church Street • P.O. Box 727 • Yanceyville, North Carolina 27379
[phone] Fax [phone] www.yanceyvillenc.gov

2
reference, when results were received from sampling, the influent BOD and TSS for
February 12th were>1,420 mg/L and 2,720 mg/L respectfully. Based on those results we
are confident someone was discharging non-domestic waste to the collection system
prior to the exceedances.
In late March and early April 2015, the WWTP experienced another instance of the
reddish oily substance in the influent barscreen. On April 2^d, the influent BOD and TSS
were>7,200 mg/L and 14,820 mg/L respectfully. In an effort to stop future occurrences,
and to maintain permit compliance, the Wastewater Treatment Plant ORC traced the
substance back to a manhole where Sky Valley Foods discharges. A special grab sample
was taken by the ORC on April 2, 2015 from the manhole a4 Sky Valley Foods and ivas
sent to a certified laboratory for analysis. The results reported on April 8, 2015, were as
follows: BOD 5,036 mg/L, TSS 2,420 mg/L, and 1,310 mg/L Oil & Grease.
It is our opinion that Sky Valley Food's discharge is having a negative impact on the
treatment process of the WWTP. Since getting these results, the Town met with Sky
Valley Foods to go over this situation, and continues to have discussions with them on
what steps need to be taken to avoid these illegal discharges in the future.
We believe this letter shows the immediate actions taken by the ORC to abate
environmental damage from the plant upset, and actions taken since then by both the
Town and the ORC, to prevent future occurrences. If you have any further questions,
please do not hesitate to contact either myself at 336-694-5431 or Envirolink at 252-235-
4900.
Sincerely,
/_-�
Brian Collie
Town Manager
Cc: Corey Basinger, NCDENR
Mike Meyers, Envirolink, Inc.
Scott Smart, Envirolink, Inc.
Heather Adams, Envirolink, Inc.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Caswell
Town of Yanceyville REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Yanceyville WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO040011 ) FILE NO. LV-2015-0126
Having been assessed civil penalties totaling1 78'1.64 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated 8/12/2015, 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 g 4% day of a 1 ✓ I bPo _ 20 I r
SIGNATURE
ADDRESS
Brian Collie, Town Manager
Town of Yanceyville
P.O. Box 727
Yanceyville, NC 27379
TELEPHONE
336-694-5431

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2015-0126 County: Caswell
Assessed Party: Town of Yanceyville, Yanceyville VW TP
Permit No.(if applicable): NCO040011 Amount Assessed: $1,791.64
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Ri hcLt to an Administrative Nearing, 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, § 1438-282.1(c), remission of a civil penalty may be granted only when one or more of the following five
factors applies. 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).
X (a) one or more of the civil penalty assessment factors in N C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner(the assessment factors are listed
in the civil penalty assessment document);
X (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:
See attached letter for both LV-2015-0126 & LV-2015-0127

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Caswell
Town of Yanceyville REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Yanceyville WWTP } STIPULATION OF FACTS
PERMIT NO. NCO040011 ) FILE NO. LV-2015-0127
Having been assessed civil penalties totaling 1141.64 for violation(s) as set forth in-the assessment document of the
Division of Water Resources dated 8/12/2015, 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. 1
This the g;h day of SCd l'eM bee 20J S
SIGNATURE
ADDRESS
Brian Collie, Town Manager
Town of Yanceyville
P.O. Box 727
Yanceyville, NC 27379
TELEPHONE
336- C(if -s`� 31

� I A
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2015-0127 County: Caswell
Assessed Party: Town of Yanceyville,Yanceyville WV TP
Permit No.(if applicable): NCO040011 Amount Assessed: $441.64
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 applies. 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).
X (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 fb)were
wrongfully applied to the detriment of the petitioner(the assessment factors are listed
in the civil penalty assessment document);
X (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:
See Attached Letter for both LV-2015-0126 & LV-2015-0127