NC0020800_NOV2017 LV0519 Response to Civil Penalty_20170728

7/28/17
RECEIVED/NCDEQ/DWR
Response to Notice of Violation & Intent to Assess Civil Penalty
AUG -2 2017
Tracking M NOV-2017-LV-0519
Town of Andrews, NC.
Permit #: NCO020800
Water Quality
Permitting Section
This letter is in response to the recent Notice of Violation & Intent to Assess Civil Penalty notification
that was received by the Town of Andrews Wastewater Treatment Facility on 7/27/17.
At the present, the Town of Andrews WWTP is in the process of its rehabilitation. This includes the
repair of all aged, worn, and/or malfunctioning mechanical/structural components necessary for the
proper process control of the facility. Additionally, there are two planned upgrades to our plant in the
form of manual to mechanical screening equipment, and redesigning/upgrading our current
disinfection/dechlorination feed system from manual to flow -proportional.
All of these improvements will vastly improve the process control as well as the effluent quality of our
facility. Once again, the present violations that were received in June concerning exceeding monthly
limits for Ammonia Nitrogen and TSS, along with other various months over the course of the last two
years are a direct result of this aging and failing infrastructure and its ability to effectively treat waste
during high temps and extremely high or low flows. The town is presently making strides toward these
vast improvements, and also continues to work diligently in planning and procuring the funding for
future capital improvements.
I feel that the institution of proposed fines would:
1. Serve no legitimate purpose in limiting further incidents, as only the capital improvements to
the infrastructure which are now under way will accomplish this.
2. Serve no logical purpose in helping the Town of Andrews improve the capability or function of
the plant as it merely takes funds away from the plant budget that could be put to better use in
other areas.
Would serve no other purpose than as a punishment, penalizing the Town in the present for
circumstances of the past which those now working so hard to remediate had no part of, all the
while they are doing everything within their ability to bring the plant up to date and into
compliance. I can see no other logical explanation for the assessment of such fines.
I regrettably understand that according to applicable law, the assessment of fines must undoubtedly
occur at times, and that there may be no choice in the matter. But respectfully I feel that the continuing
fines for minor, unintentional infractions as it relates to our current situation is counterproductive as it
neither helps, nor offers a solution. Every representative of NCDEQ that we have ever spoken with has
assured us that "we are here to help" and I applaud the sentiment, but cannot see any way in which this
would help.
With this in mind, I would ask that if there is any discretionary power available, any possibility of
leniency for the Town of Andrews throughout this current project being clearly understood what we
have faced as well as the challenges before us, that those who have the task of making such difficult
decisions on these matters would grant us such. Thank you for your time and consideration.

7/28/17
Respectfully,
Tim Wood
ORC—Andrews WWTP
828-557-8630
twood312@yahoo com