NC0025321_LV20160208_20161017

Certified Mail # 7015 1520 0003 5463 0103
Return Receipt Requested
October 17, 2016
Gavin A Brown
Town of Waynesville
PO Box 100
Waynesville, NC 28786
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. NCO025321
Town of Waynesville
Waynesville WWTP
Case No. LV -2016-0208
Haywood County
Dear Permittee:
RECE IV ED NIGNE GIVIR
OCT 2 0 2016
Vva tel. Quality
p,erniftting ` ectiOn
This letter transmits allotice of Violation and assessment of civil penalty in the amount of $616.62 ($500.00 civil penalty +
$116.62 enforcement costs) against Town of Waynesville.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Waynesville for the month of June 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. NC0025321. The violations,
which occurred in June 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Waynesville violated the terms, conditions or
requirements of NPDES WW Permit No. NCO025321 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
Waynesville:
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.NC0025321, by discharging wastewater into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR.
$500.00. TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$616.62 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

j 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 (3 0) 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 f6r 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 [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
G' R'fI�WQ�,Hnywuod�lVasten•ater\hfunicipal`.\yuynes4ille 4VWTP 25:21'.LV=1016-0208.nf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0208
Assessed Party: Town of Waynesville
Permit No.: NC0025321
County: Haywood
Amount Assessed: $616.62
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. 14313-282.1(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). r
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
X161i1zIfll allW/WLVIkyle DI
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Waynesville )
Waynesville WWTP )
PERMIT NO. NCO025321 ) CASE NO. LV -2016-0208
Having been assessed civil penalties totaling $616.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 17, 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
TELEPHONE
SIGNATURE
I
;I/

ATTACHMENT A
Town of Waynesville
CASE NUMBER: LV -2016-0208
PERMIT: NCO025321
REGION:
Asheville
FACILITY: Waynesville WWTP
COUNTY:
Haywood
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over Violation Penalty
Date MonthNr Parameter
Frequency Measure Value Value Limit
Type Amount
6/18/2016 6-2016 Coliform, Fecal MF,
5 X week #/100ml 400 838.00 109.5
Weekly $500.00
MFC Broth, 44.5 C
Geometric
Mean
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Waynesville
Facility Name: Waynesville WWTP
Permit Number: NCO025321
County: Haywood
Case Number: LV -2016-0208
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 109.5 %.
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 no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
/0. / �/- /c,
Date.
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ .

EFFLUENT
NPDES NO. NCO025321 DISCHARGE NO. 001 MONTH JUNE YEAR 2016
FACILITY NAME TOWN OF WAYNESVILLE WWTP CLASS IV COUNTY HAYWOOD
OPERATOR IN RESPONSIBLE CHARGE (ORC) RONNIE NORRIS GRADEI HONE 828-452-4685
CERTIFIED LABORATORIES (1)Ulfaynesvllle�,:U11WTP Lab Cert. #'194 (2) Environmental Testing Soldribhs. .
CHECK BOX IF ORC HAS CHANGED PERSO ) COLLE TING SAMPLE�UMa�r Jorr� Jeff Evans
.k. t
Mail ORIGINAL and ONEJ&PICt
ATTN: CENTRAL FILES X 7' %"/
DIV. OF Water Quality
(SIGIZATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
DEHNR BY THIS SIGNATURE; I CERTIFY THAT THIS REPORT IS
1617 Mail Service Center ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
RALEIGH, NC 27699-1617
Monthly Limit I I I I I 28ug/1 1130 MG/LI 121 MG/L 1 30 MG/L 11200.0 /100ML 16 Mg/I I I I 1. 1 1
Y 50050 ,00010 00400
500601
100310100610
1 00530
6.16 00300 00600 00665
lTGIP3B
* FLOW w
> 0
6).
Parameter Code
IE
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and Units below
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HRS HRS Y/N MGD °C UNITS
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MG/L
MG/L
MG/L
#1100ML MG/L MG/L MG/L
2
08:30 24:00 Y 4.06 20 6.9 < 20.0 0 0.47. .10. 70 7.8
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08:30 24:00 Y 3.61 19 6.9 < 20.0 11 < 0.30 14 30 8.7
10,4
3Q M0 Y 3.49 20 7.1 < 20.0 8 " < 0.30 7 15 7.6
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08:30 24:00 Y 3:51 21 6.6 < 20.0 17 0.35 15. 1200 7.3
15
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:`08 0 MEL 'w -4000 7�5:Lh
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`08`30 `2�4 OQ, Y 3.43 21 6.9 < - 20.0 6 < 0.30 8 700 7.5
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18
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08:30 24:00 Y 3.39 J 21 6.7 < 20.0 6 < 0.30 10. 90 8.3 ,2
^ y ~ -
22
Y 3.46 22 '6.5 < 20.0 23 < 0.30 43 260 7.7" 61,
:r08u30;'22
23::.08:30
24:06 _
�Y - ..
24'08.30
X24 b0; Y 3.50 21 6.8 < 20.0 14 039. 26 90 7.4
b!;
26
08:30 24:00 N 3.30 f o
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28,
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3O„4 OQ Y 3.45 21 6.9 22.0 7 < 0.30. 19 5900 7.8
29
08:30 24"00'm s3 1 y� � e }Q NEW
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30
FA$ b. 2 0a Y 3.52 21 6.7 <'20.0 7 < 0.30 20 160 8.*0 __.. __ _
3170-
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30> M �
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_ u ..ic-. ,P .whfv
.AVERAGE. 3.56 20.73 20.14 11.09 0.58 16.18 136.71 7.75 #DIVZ01 #DIV/0!
M_1IIfM1 �.1. ,;,., 4•i 2,Fi0 '7t2 2 00'. _ .6 a �9 _:: X43 OQaaooY 8 Ili 0 00 ' .0 DD _' x
r
y3.00
MINIMUM 1 3.30 19.00 1 6.50 < 20.00 3.00 < 0.30 5 .5.00 1 7.20 0.00 0.00
Monthly Limit I I I I I 28ug/1 1130 MG/LI 121 MG/L 1 30 MG/L 11200.0 /100ML 16 Mg/I I I I 1. 1 1

Facility Status - please check one of the following:
All monitoring data and sampling frequencies meet permit requirements Compliant
Monitoring data and/or sampling frequencies do NOT meet permit requirements Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
going a time table for completion of Improvements.
During the week of June 13 through June 17, the geometric mean of 838 for fecal coliform exceeded norma
limits of 400 or less. However, the overall monthly average for June remained within normal limits.
The chlorine levels were manually adjusted before de -chlorination of sulfur dioxide. As this appears to be an
anomaly, we are attempting to trace the possible source with regular monitoring continuing.
"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 inquire of
the person or persons who manage 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."
16 South Main
Permi ee e e rint or pe)
Phone Number Permit Expiration Date
assistance may be obtained by calling the Division's Point Source Compliance/Enforcement Unit at [phone] or
The monthly average for fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
* ORC must visit facility and document visitation of facility as required per 15A NCAC8A.0202(b)(5)(B).
** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D).
DWQ Form MR -1 (Revised 7/2011)
PARAMETER CODES
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BODS
00340 COD
00400 pH
00530 TSS
00645 Settleable Matter
00556 Oil i£ Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 lgeldhal Nitrogen
00630 Nitrates/Nitrites
00665 Total Phosphorus
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
00951 Total Fluoride
01002 Total Arsenic
01027 Cadmium
01032 Hexavalent Chromium
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lea ,
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Sele
31616 Fecal Coliform
32730 Total Phenolics
34225 Benzene
34481 Toluene
38260 MBAs
39516 PCBs
50050 Flow
50060 Residual Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylenes
assistance may be obtained by calling the Division's Point Source Compliance/Enforcement Unit at [phone] or
The monthly average for fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
* ORC must visit facility and document visitation of facility as required per 15A NCAC8A.0202(b)(5)(B).
** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D).
DWQ Form MR -1 (Revised 7/2011)

Gavin Brown, Mayor
Gary Caldwell, Mayor Pro Tem
Jon Feichter, Alderman
Julia Freeman, Alderman
LeRoy Roberson, Alderman
Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
x Robert Hites Jr., Town Manager
Woody Griffin, Town Attorney
g
SUBJECT: Re: Notice of Violation & Intent To Assess Civil Penalty
Tracking Number: NOV-2016-LV-0515
Permit No. NCO025321
Waynesville WWTP
Haywood County
Mr. Davidson,
This letter is in response to the above referenced subject line. For the month of June 2016 this year, the
Wastewater Treatment Plant for the Town of Waynesville experienced a two — three week period of high fecal
counts, exceeding the 400 count threshold in which the Town notified NCDENR staff. During this time, Plant
Superintendent Ronnie Norris and Town Engineer Preston Gregg reached out to our large industrial users
(Sonoco Plastics and Giles Chemical) to see if they were discharging anything new into the Town's system.
Both users promptly responded that they were running normal operations.
It is our opinion that some of the local schools were performing end of year cleaning on floors,
bathrooms, cafeteria, etc. and discharged unknown chemicals to the Town's system over a two — three week
time period. As the lab analysts at the plant attempted to treat the unknowns, Town personnel reached out to
these various schools in attempts to resolve the issues. After this period, we saw a drastic drop in fecal counts.
Moving forward, the Town plans on communicating better with the local schools on what they are
discharging into the Town's sewer system to better treat the waste and prevent further out of compliance
occurrences. In addition, the Town has hired an engineering firm to perform a full plant assessment to prepare
for future expansion and upgrades and a way to better handle times when the plant is having difficulties treating
what it is receiving. We anticipate on being complete with this assessment by year end.
Please accept this .response as our formal request to forgive any intent to assess civil penalty as we work
through ways to improve our process and daily operations.
Thank You,
Preston Gregg, PE RF
Town Engineer ;vis on of �llatar 6�ssourc�
Ec: David Foster, Public Services Director
Ronnie Norris, Wastewater Plant Superintendent SEP 2 8 2096
Robert Hites Jr., Town Manager
Amie Owens, Assistant Town Manager
4
Water Quality Realonal operations i
AsheVile Regional office
129 Legion Dr. ° P.O. Box 100 • Waynesville, NC 28786 Phone [phone] Fax (828)45b�
Web Address: www.waynesvillenc.gov'