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Home My WebLink AboutNC0025321_LV20170179_20170623Certified Mail # 7016 1370 0001 6571 8287 Return Receipt Requested June 23, 2017 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 l(a)(6) and NPDES WW Permit No NCO025321 Town of Waynesville Waynesville WWTP Case No LV -2017-0179 Haywood County Dear Permittee ROY COOPE Q'ou"w MICHAEL S. REGAN se tart' S. JAY Z[MMR!' AN Dktaor nmvEt) INCDE01® WR JUN 3 0 2017 Water Ouaiuy Permitting Sec"On This letter transmits a Notice 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 January 2017 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 NCO025321 The violations, which occurred in January 2017, 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 t , $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 Average for TSS - Conc. $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 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 Administranve 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: (919) 733-2698 Fax: (919)733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 janet cantwell@ncdenr.gov. 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 6 W W IP 25321\VioI 4omL V-2017-0171) Ri JUSTIFICATION FOR REMISSION REQUEST Case Number: LST -2017-0179 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. 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 HAYWOOD IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) Town of Waynesville ) Waynesville WWTP ) DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS PERMIT NO. NCO025321 ) CASE NO. LV -2017-0179 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 June 23, 2017, 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 ADDRESS TELEPHONE I ► :_ Il 1: 20 ATTACHMENT A Town of Waynesville CASE NUMBER: LV -2017-0179 PERMIT: NCO025321 FACILITY: Waynesville WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Asheville COUNTY: Haywood Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 1/21/2017 1-2017 Solids, Total 5 X week mg/I 45 66 467 Weekly $50000 Suspended- Average Concentration 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 -2017-0179 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 TSS exceeded the permit limit by 46.66%. 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 has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPIiES PERMIT NO.: NCO025321 FACILITY NAME: Waynesville WWTP OWNER NAME: Town of Waynesville GRADE: WWA eDNIR PERIOD: 01-2017 (January 2017) PERMIT VERSION: 4 0 CLASS: WW -4 ORC: Ronnie D Noms ORC HAS CHANGED: No VERSION 10 PERMIT STATUS: Expired �f t COUNTY: Haywood ORC CERT NUMBER: 11444 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE Iii®.: 001 NO DISCHARGE*: NO .� i opui iwg ncasun rivrAU3rn =1NO riow-lceuse/Kecyete, hN V W 1'hK = No Visitation— Adverse Weather, NOFLOW = No Flow, HOLIDAY = No Visitation — Holiday u' o5 F O T z 00010 00400 50060 C0310 C06T�'CO530 31616 00300 01042 X week 5 X week 5 X week 5 X week 5 X k 5 X week 5 X week Quarterly Grab Grab Grab Composite Comite y Grab Grab Composite TEMP -C PH CHLORINE BOD - Cone NH3-N-Cone ,SS�Co¢e FCOLI BR DO COPPER 2400 clock Mrs 2400 clock Mrs Y/B/N deg c su 119/1 m9/1 mg/1 mg/1 #/100m1 mg/l ug/1 24 N700 24 N HOLIDAY 24 700 24 Y 16 7 <20 29 123 17 80 81 24 700 24 Y 15 72 <20 40 147 30 6 87 24 700 24 Y 14 73 <20 8 827 11 3 89 P94700 24 700 24 Y 14 73 <20 3 132 5 8 86 700 24 N 700 24 N 24 700 24 Y 12 72 <20 4 174 5 5 94 24 700 24 Y 13 72 < 20 9 607 23 1 92 24 700 24 Y 14 72 <20 33 839 49 100 92 12 1030 24 700 24 Y IS 73 <20 14 498 17 42 86 13 925 23 1700 24 Y 15 73 <20 8 12 14 2 9.2 14 700 124 N is 700 24 N 16 700 24 N HOLIDAY 17 955 24 700 24 Y 16 173 <20 52 156 1 235 5 82 1s 1015 24 700 24 Y 16 72 <20 6 132 11 20 9 19 1045 24 700 24 Y 15 71 <20 4 809 12 3 98 20 1040 24 700 24 Y 16 72 <20 5 843 6 650 96 21 700 24 N Z2 700 24 N 23 1025 24 700 24 Y 14 7 < 20 34 115 35 160 93 24 11050 24 700 24 Y 15 7 < 20 30 552 22 20 94 25 1035 24 700 24 Y 14 72 <20 12 343 22 4 92 26 1050 24 700 24 Y 15 72 <20 6 596 12 2 84 27 10 10 24 700 24 Y 14 73 <20 5 605 9 28 83 28 1700 24 N 29 700 24 N 30 1035 24 7 00 24 Y 14 71 < 20 3 5 97 7 100 9 2 31 10 00 24 7 00 24 Y 14 Monthly Average Limrt 74 <20 4 775 30 Zl 9 70 92 30 200 Monthly Avenges 1455 0 1545 94405 2755 15.267278 8 975 Daily Maximum 16 74 0 52 174 235 650 98 Daily Mmimum 12 17 10 13 343 15 1 81 .� i opui iwg ncasun rivrAU3rn =1NO riow-lceuse/Kecyete, hN V W 1'hK = No Visitation— Adverse Weather, NOFLOW = No Flow, HOLIDAY = No Visitation — Holiday NPDES PERMIT NO.: NCO025321 FACILITY NAME: Waynesville W WTP OWNER NAME: Town of Waynesville GRADE: WW -4 eDMR PERIOD. 01-2017 (January 2017) COMPLIANCE STATUS: Non-Comphant PERMIT VERSION: 4 0 CLASS: WW -4 ORC: Ronnie D Norris ORC HAS CHANGED: No VERSION: 10 CONTACT PHONE #: 8284524685 PERMIT STATUS: Expired COUNTY: Haywood ORC CERT NUMBER: 11444 STATUS: Processed SUBMISSION DATE: 02/08/2017 4 02/08/2017 ORC/Certifier Signature Mark A Jones E-Mail.mjones@waynesvillenc.gov Phone #.828-452-4685 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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 perrmttee 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 noncomphant, please attach a list of corrective actions being taken and a tune -table for improvements to be made as required by part II.E 6 of the NPDES permit 02/08/2017 Permittee/Submitter Signature-*** Mark A Jones E -Mail •mlones @waynesvillenc gov Phone #'828-452-4685 Date Permittee Address. 300 Walnut Trl Waynesville NC 28786 Permit Expiration Date. 01/31/2016 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 CERTIFIED LABORATORIES LAB NAME: Town of Waynesville WWTP CERTIFIED LAB #: 194 PERSON(s) COLLECTING SAMPLES: Mark Jones, Jeff Evans, Patrick Smith PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http.//portal ncdenr org/web/wq/swp/ps/npdes/forms W91911 193111*1 Use only wets 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 entire monitoring period ** ORC on Site?- ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204 *** Signature of Permittee If signed by other than the permittee, :hen delegation of the signatory authority must be on file with the state per 15A NCAC 2B 0506(b)(2)(D) NPDES PER4VIIT NO.: NCO025321 FACILITY NAME: Waynesville W WTP OWNER NAME: Town of Waynesville GRADE: WW -4 eDMR PERIOD. 01-2017 (January 2017) Report Comments: PERMIT VERSION: 4 0 CLASS: WW -4 ORC: Ronnie D Norris ORC HAS CHANGED: No VERSION: 10 PERMIT STATUS: Expired COUNTY: Haywood ORC CERT NUMBER: 11444 STATUS: Processed The TSS parameter was out for the weekly average for 2/17-20/2017 We had a Mechanical problem with Vacuum system on secondary clarifiers This was fixed Tuesday of that week. Also, possible influent flow of a contammant that impacted our activated sludge Still trying to trace down the source