NC0020800_LV20160222_20161031

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Certified Mail # 7014 0510 0000 4466 4187
Return Receipt Requested
October 31, 2016
Ed Burchins, Town Administrator
Town of Andrews
PO Box 1210
Andrews, NC 28901
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. NCO020800
Town of Andrews
Andrews WWTP
Case No. LV -2016-0222
Cherokee County
Dear Permittee:
RECEIVEDUDENWR
NOV -0 7 2016
Water Permitting
S cttlon
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $429.12 ($312.50 civil penalty +
$116.62 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 May 2016. 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 May 2016, 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. NCO020800 and G.S. 143-215.l(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
2Q90 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500

a
$312.50 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 FCOLI BR.
$312.50 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$429.12 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
f
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 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 by NCGS § 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 (3 0) 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 [phone] or via email [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
Ci'ill'RINQiCherokceUVnatawater�bAinicip;illAndretivs WWTP 20S00ll.V-2016-0222.r f

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0222
Assessed Party: Town of Andrews
Permit No.: NCO020800
County: Cherokee
Amount Assessed: $429.12
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 Rearing, 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
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Andrews
Andrews WWTP
PERMIT NO. NC0020800
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0222
Having been assessed civil penalties totaling $429.12 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 31, 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 (3 0) days from the receipt of the
notice of assessment.
This the day of .520
SIGNATURE
:_ITIIi-
TELEPHONE

ATTACHMENT A
Town of Andrews
CASE NUMBER: LV -2016-0222
PERMIT: NCO020800 REGION: Asheville
FACILITY: Andrews WWTP COUNTY: Cherokee
LIMIT VIOLATION(S)
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
5/7/2016 5-2016 Coliform, Fecal MF, 5 X week #/100m1 400 509.50 27.4 Weekly $312.50
MFC Broth, 44.5 C Geometric
Mean
Exceeded

DIVISION OF WATER RESOURCES - C1VII, PENALTY ASSESSMENT (File)
Violator: Town of Andrews
Facility Name: Andrews WWTP
Permit Number: NCO020800
County: Cherokee
Case Number: LV -2016-0222
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 Average Geometric Mean Fecal Coliform exceeded the permit limit by 27.38 %.
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 is unknown.
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 five civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
kt-
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Permit Enforcement History Details by Owner
�.
10/31/2016
1
Owner: Town of Andrews
Facility: Andrews W1NfP
Permit: NCO020800
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 12/5/90 $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 2/29/16 5/3/16 $188 $721.76 No
LV -2016-0067 9-2015 313/16 $2,000.00 $158.22 3/31/16 5/3/16 $1000 $1,158.22 No
LV -2016-0084 10-2015 4/21/16 $750.00 $113.93 5/13/16 8/2/16 $375 $488.93 $0.00 No 8/31/16
LV -2016-0100 11-2015 5/31/16 $500.00 $113.93 6/16/16 8/2/16 $250 $363.93 $0.00 No 8/31/16
LV -2016-0103 12-2015 6/1/16 $500.00 $113.93 6/16/16 812/16 $250 $363.93 $0.00 No 8/31/16
Total Cases: 12 Total Penalty Amount: $25,800 Total Enforcement Cost: $2353.33 Sum Of Total Paid: $20,460.85 Total Balance Due: $5,629.98
Sum of Total Case Penalties: $28,153.33 Total Penalties After Remissions: $26,090.83

EFFLUENT,
A
JUL 2 0 2016
NPDES PERMIT NO. N00020800 DISCHARGE NO._ 001 MONTH May
YEAR 2016
FACILITY NAME Town of Andrews WWTP CLASS III COUNTY
Cherokee
CERTIFIED LABORATORY (I)_ Earth Environmental
00400 50060
00310 1
( lis( additional laboratories on the backside/page 2 of this form)
00530
31616
OPERATOR IN RESPONSIBLE CHARGE (ORC) Timothy B Wood j g ERTIFICATION NO.
1001828
e .ator/EES Staff
PERSONS) COLLECTING SAMPLESE 1- NE 828-557-8830
CHECK BOX IF ORC HAS CHANGED ' &- ` NO FLOW / DISCHARGE FROM
SITE
Mail ORIGINAL and ONE COPY to: JUL 0 5 2016
ATTN: CENTRAL FILES
p
DIVISION OF NATER RESOURCES ,,ENT
RAL FILAEONATURE OF OFERkTOR IN RESPONSIBLE CHARGE)
DATE
1.617 MAIL SERVICE CENTER D
SEC jQk4 HIS SIGNATURE, I CERTIFY. THAT THIS REPORT IS
m
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RALEIGH, NC 27699-1617
ACCURATE AND COMPLETE TO THE BEST OF MY MMNOWLEDGE.
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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
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 tli� 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 (Pleas rint or type)
Signature of Permittee*** Date
(Required unless submitted electronically)
PO Box 1210 Andrews NC. 28901 828-321-3113
Permittee Address Phone Number e -nail address
Certified Laboratory (2),.
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certification No,
Certification No.
Certification No.
8/31/2017
Permit Expiration Dale
Parameter Code assistance. may be obtained by calling the NPDES Unit at (9 19) 807-6300 or by visiting
http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms.
Use only units of nleasurenlent designated in the reporting facility's NPDES permit for reporting claw.
No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to he
entered for all of the paranlcters 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 .020=1.
*x* Signature of Permittee: If signet) by other than the permittee, then the delegation of the signatory aUChol'it1' I11LIS1 hC Oil
file with the state per 15A NCAC 2B .0506(b)(2)(D).

(6 � � e L-,- e�?
Andrews Wastewater Treatment facility did not meet the weekly permitted parameters for Fecal
Coliform of 400 for the week of 5/2/16-5/6/16. Our average for this week noted was 509. Corrective
actions were taken as necessary to clear stopped up diffuser line and tubing bringing plant back into
compliance.
Sincerely,
Timothy B. Wood-ORC
[e-mail]
(828)-557-8630