NC0025321_LV20170180_20170623

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Certified Mail # 7016 1370 0001 6571 8294
Return Receipt Requested
Gavm A Brown
Town of Waynesville
ROY COOPER
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MtCHA L S. REGAl
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S2 JAY MIMU ERMAN
DrIv or
June 23, 2017 RECEIVED/NODE
Q/DWR
JUN 3 0 2011
PO Box 100 Water Quality
Waynesville, NC 28786 Permitting Section
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 -2017-0180
Haywood County
Dear Permittee
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,116 62 ($2,000 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 February 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 February 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 Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

n
$1,500.00 1 of the 1 violations of 143-215 1(a)(6) and Permit NO.NC0025321, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$500.00 1 of the 1 violations of 143-2. 15. l(a)(6) and Permit No NC0025321, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Conc.
$2,000.00 TOTAL CIVIL PENALTY
$116 62 Enforcement Costs
$2,116.62 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 o " 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

T
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) d4ys 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: t
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. 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 [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
GWWI P 2532 1� � iolauow L V-2017-6186 in

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0180
Assessed Party: Town of Waynesville
Permit No.: NC0025321
County: Haywood
Amount Assessed: $2,116.62
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 DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HAYWOOD
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 -2017-0180
Having been assessed civil penalties totaling $2,116.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 23, 2017, -ihe 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 (3 0) 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Waynesville
CASE NUMBER: LV -2017-0180
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
2/25/2017 2-2017 Solids, Total 5 X week mg/I 45 10260 1280 Weekly $50000
Suspended- Average
Concentration Exceeded
2/28/2017 2-2017 Solids, Total 5 X week mg/I 30 4290 430 Monthly $1,50000
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 -2017-0180
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 Monthly Average TSS exceeded the permit limit by 43 %.
One Weekly Average TSS exceeded the permit limit by 127.99%.
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 two civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date
�C
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.- NC0025321
PERMIT VERSION: 4 0
FACILITY NAME: Waynesville WWTP
CLASS: WW4
OWNER NAME: Town of Waynesville
ORC: Ronnie D Noms
GRADE: WW -4
ORC HAS CHANGED: No
eDMR PERIOD: 02-2017 (February 2017)
VERSION. 10
PERMIT STATUS: Expired
COUNTY: Haywood
ORC CERT NUMBER- 11444
STATUS. Processed
A1dIPLING LOCATI®N: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
4
e
d
e
o
F
e
5
8'
e
a
O
a
w
Z
00010
5 X week
Grab
TEMRC
00400
5 X week
Grab
pH
50060
5 X week
Grab
CHLORINE
C0310
5 X week
Composite
BOD -Cone
C0610
5 X week
Composite
NH3-N-Con.
C0530
5 X week
Compost
TSS So c
31616
5 X week
Grab
FCOLI DR
00300
5 X week
Grab
DO
C0600
Quarterly
Calculated
TOTAL N-
2400 clock
Hrs
]A00 clock
Ars
YR/N
deg c
su
ug/1
m9/1
mg/l
1119/1
#/100m1
mg/1
mg/1
1
1030
24
700
24
Y
15
73
22
12
942
24
16
94
2
1050
24
700
24
Y
14
72
<20
10
103
18
18
92
3
1015
24
700
24
Y
14
72
21
19
13 1
13
30
105
4
700
24
N
5
700
24
N
6
1120
25
700
24
Y
14
73
<20
5
13
8
30
86
7
9 15
22
700
24
Y
15
73
<20
17
13 9
28
16
8 1
125
S
1035
25
700
24
Y
15
7.3
<20
52
159
104
380
83
9
1030
24
700
24
Y
14
73
<20
22
137
28
60
86
10
10 10
24
700
24
Y
13
73
< 20
11
12
14
22
9
11
700
24
N
12
700
24
N
13
1025
24
700
24
Y
15
73
< 20
7
129
6
360
89
14
1010
24
700
24
Y
13
71
<20
11
134
9
17
94
15
1045
24
700
24
Y
14
72
<20
8
106
11
36
83
16
1027
24
700
24
Y
14
72
< 20
24
809
37
21
87
17
1030
24
700
24
Y
14
72
< 20
12
921
22
8
89
is
700
24
N
19
700
24
N
20
1045
24
700
24
Y
15
73
<20
8
121
8
7
91
21
955
24
700
24
Y
15
72
<20
40
122
256
270
95
22
1015
24
700
24
Y
16
73
<20
15
134
21
54
87
23
1955
124
7_00
24
Y
15
173
<20
44
117
203
1900
75
24
750
22
700
24
Y
15
69
<20
18
12 8
25
4
9 1
25
700
24
N
26
700
24
N
21
1100
24
700
24
Y
15
72
<20
7
11
11
210
95
28
11035
124
1700
124
1 Y
1
15
173
< 20
11
1963
12
31
86
Monthly Average Lmnt
30
21
30
200
Monthly Average
145
2.15
1765
11 8b75
42 9 !s^
42 607524
8 845
125
Daly Maumum
16
73
22
52
159
256
1900
105
125
DaayMmunum
13
69
0
5
809
6
4
75
12 5
****No Reporting Reason ENFRUSE=NoFlow-Reuse/Recycle, ENVWTHR=No Visitation —Adverse Weather, NOFLOW=No Flow, HOLIDAY =No Visitation —Holiday
a/00
/v

NPDES PERN]IT NO.: NCO025321
FACILITY NAME: Waynesville WWTP
OWNER NAME: Town of Waynesville
GRADE: WW -4.
eDMR PERIOD. 02-2017 (February 2017)
Report Comments:
PERMIT VERSION: 4 0
CLASS: WW4
ORC: Ronnie D Noms
ORC HAS CHANGED: No
VERSION: 10
PERMIT STATUS: Expire
COUNTY: Haywood
ORC CERT NUMBER. 11444
STATUS: Processed
The validation said that the week of 2/6-10/17 was over the weekly limit for TSS However, the weekly average was 36mg/l and the permit says 45mg/l Tlus is not over the
weekly average TSS weekly average was above 45mg/l for the week of 2/20-24/17, and the monthly average for TSS was above 30mg/l We have discovered an explosion of
filamentous bacteria in our activated sludge process We are currently chlorinating to kill off the filamentous bacteria We are also trying to reduce our biomass to help with
settling issues from the filamentous. We have been sampling throughout our collection system to find what is removing alkalinity We have narrowed it down to an area of the
collection system The pH SU for this area runs from 6 to 9.2 We have seen high alkalinity, conductivity, and hardness readings in this area When the waste stream gets farther
down the system, the alkalinity has dropped very low Trying to figure out what chemical reaction or reactions are taking place to drop the alkalinity During this time we have
changed to a summer time mode of running extra aeration basins to offset the low alkalinity Also, we have added 2400 pounds of sodium bicarbonate to the aeration basin This
seems to have helped in the quality of effluent As soon as the toxicant source is pm -pointed, we will be looking at dealing with that situation