NC0041696_LV20170222_20170801

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0222
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No.: NCO041696
County: Burke
Amount Assessed: $2,616.62
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.0 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.0 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:
CCA C�
RECEIVED/NCDEQIDWR
AUG -42017
Water Quality
Permitting section

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodhiss WWTP 1
PERMIT NO. NCO041696 ) CASE NO. LV -2017-0222
Having been assessed civil penalties totaling $2,616.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 17, 2017, the undersigned, cesirmg 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 ! f
day of 4' , f , S
zJ-1 ex
SIGNATURE
ADDRESS
20 1-7
33�
\% �• ��s z AjC_ Zg (a Of C�
TELEPHONE
­gz-Y-g-19-2i)r

ATTACHMENT A
Town of Valdese
CASE NUMBER: LV -2017-0222
PERMIT: NCO041696
FACILITY: Lake Rhodhiss WWTP
LIMIT VIOLATION(S)
REGION: Asheville
COUNTY: Burke
SAMPLE LOCATION.
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
4/8/2017
4-2017
Solids, Total
5 X week
mg/I
45
7970
770
Weekly
$50000
Suspended-
Average
Concentration
Exceeded
4/29/2017
4-2017
Solids, Total
5 X week
mg/1
45
16750
2722
Weekly
$50000
Suspended-
Average
Concentration
Exceeded
4/30/2017
4-2017
Solids, Total
5 X week
mg/I
30
6730
1243
Monthly
$1,50000
Suspended-
Average
Concentration
Exceeded

Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No: NCO041696
Case Number: LV -2017-0222
April 2017: TSS Violations:
The Town of Valdese violated weekly TSS limits for the week of April 23`d — April 29h, 2017. The
monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 29th. The
violations were a direct result of excess and continuous rain, as well as a failure of primary clarifier # 1.
The area experienced approximately 6 inches of rain in a 72 hour period. A total of 3 inches of rain fell
from April 23`d through April 24th. The plant received 12.7 million gallons on April 23`d, with peaks in
excess of 20 million gallons. The plant is not designed to handle the amount of flow that was received
during the week of April 29h. Staff did all that could be done to minimalize the amount of solids that
were washed out of the plant. Average daily flow to the plant is normally 2.0 million gallons per day.
The discharge pipe on primary clarifier #1 ruptured and the primary had to be taken out of service. This is
increased hydraulic loading on the rest of the plant. This has since been fixed and the other clarifier
discharge pipe was addressed at the same time to insure no issues in the near future.
The Town is aware of inflow and infiltration problems, and is seeking funds to address the repairs and
replacement of some lines. The excess flow (rain water) as well as the issue with the primary caused an
upset to the plant. The plant had been operating efficiently and effectively before the heavy rains and had
no issues.
Staff is requesting that the weekly TSS violation for the week of April 29h and the monthly TSS violation
be remitted due to the natural causes beyond the staff and plants control. (heavy rain).
Thanks,
Gr Padgett
Water Resources Director
Town of Valdese
828-879-2131
gpadgett@—valdesene.gov
I

INFLUENT FLOW RATE (MGD) Sunday, April 23, 2017 - Monday, April 24, 2017 - -
Sunday, April
20 OOn1 91 - 23, 2017 12 26 29 AM
----- -- — ---
16
12
L
4
Vh'"IM 11 i,' � ,,� Vk VI's P-q,''t "tib d �
I Y �
0 001 _
12 12.30 AM 5 00 30 94830 2 36.30
7 24 30 12 12 30 AM
8 28 05 AN
20 0(

20
16
1200
11
I
II
INFLUENT FLOW RATE (MGD) Sunday, April 23, 2017 - Monday, April 24, 2017 - -
Monday, Aril 24, 2017 2_:20 40 AM
11 93
I1
0 00L_ --- -_-- 1'42 34 PM 6 30 34 11 1834 406-34
8,54.34 1 4234 PM
1 42 34 PN
12 41