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Home My WebLink AboutNC0021491_Waiver of Right_20170927WILLIAM J MARKLIN, III Mayor Commissioners ROB TAYLOR, Mayor Pro Tem JOHNNYFRYE LASH GAITHER SANFORD, JR AMY VAUGHAN-JONES BRENT WARD September 27, 2017 JOWIT O wockville NC DEQ/DWR/NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 INCORPORATED 1839 171 S CLEMENT STREET MOCKSVILLE, NC 27028 MARCUS ABERNETHY Town Manager RECENEDINCDE01DWR SEP 2 9 2017 \tvateT Quality Permitting Subject: Notice of Violation and Assessment of Civil Penalty issued on September 5, 2017 for the Dutchman Creek WWTP NC0021491-Case Number: LV -2017-0269 To Whom it may Concern: The Town of Mocksville appreciates the opportunity to respond to the Notice of Violation related to the BOD permit violations that occurred during the months of April, May and June 2017. In accordance with the remission request, this response will provide additional information regarding the violations and we respectfully request remission be granted based on (b) the violator promptly abated continuing environmental damage resulting from the violation. The Town of Mocksville realizes that BOD violations have been an issue for this facility during the summer limit months so our Operator in Responsible Charge and the Town Engineer have carefully reviewed lab data and plant design data thus making recommendations for additional WWTP upgrades to meet the stringent permit limits. It is believed that the flows are not evenly distributed amongst the three existing treatment trains and that the #1 treatment train is taking most of the flow during higher flow events. It is believed that solids that get suspended during surge rain events in the aeration basins will carry over to the already hydraulically over -loaded clarifiers and thus, resulting in BOD violations. Uneven flow distribution and hydraulically over loaded clarifiers compliment the need for secondary clarifiers at this facility. Special clarifier BODs were collected on June 14 and the results were as follows: Clarifier #1-10 mg/L, Clarifier #2- 2.7 mg/L and Clarifier #3- 4.7 mg/L. The composite effluent compliance sample was 6.8 mg/L which was also collected on June 14. The Town's PHONE (336) 753-6700 • FAX (336) 751-9187 www mocksvillenc org 0) Consulting Engineer has included secondary clarification upgrades and headworks upgrades in the July 26, 2017 PER submittal to the NC DEQ Division of Water Infrastructure and the Winston Salem Regional Office. As with any project, the time lapse between securing funding to construction takes a good bit of time but the ORC has continuously made plant adjustments to lessen any environmental impacts caused by the BOD violations until construction can be completed. After the month of April, the BOD weekly averages began to decrease with the July DMR being in compliance. Any penalty from this violation will create extra burden that is not needed on the residents of the Town. The Town has committed a significant amount of funds for upgrades at the wastewater treatment plant. For example, the Town was recently awarded a $3.0 Million State low interest loan which will fund new headworks, flow monitoring, secondary clarification and a second aerated digester with sludge thickenmg. As noted above, the PER was recently submitted to the Division of Water Infrastructure on July 26, 2017. We trust that this letter addresses the remission request and demonstrates the Town of Mocksville's commitment to improving the reporting, record keeping, and overall system condition of the wastewater treatment plant. If the Town can be of any further assistance or additional information is needed, please do not hesitate to contact me. Sincerely, a.� Marcus Aberneth Cc: Heather Adams Tom Johnson Chuck Willis, PE STATE OF NORTH CAROLINA COUNTY OF DAVIE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Mocksville Dutchman Creek WWTP PERMIT NO. NCO021491 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV -2017.0269 Having been assessed civil penalties totaling $4,510.31 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 05, 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 o2% day of _Y" , 20 !� i SIGNATURE ADDRESS 'low, b4 Moc.�Isyrlk 171 2 C 6er4 64. TELEPHONE 3A - -757- 67oo JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV -2017-0269 County: Davie Assessed Party; Town of Mocksville, Dutchman Creek WWTP Permit No. (if applicable): NCO021491 Amount Assessed: $4,510.31 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 Hearin , and nd 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. § 1439-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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 (Le., 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 nQ ecessay remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: 'vtla ter Resources ENVIRONMENTAL QUALITY September 05, 2017 CERTIFIED MAIL, # 7012 2920 0000 3656 0809 RETURN RECEIPT REQUESTED Will Marklm, Mayor Town of Mocksville 171 S Clement St Mocksville, NC 27028 PAT MCCRORY Governo DONALD R VAN DER VAART Secretary S JAY ZIMMERMAN Director 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. NCO021491 Town of Mocksville Dutchman Creek WWTP Case No. LV -2017-0269 Davie County Dear Permittee. This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,510.31 ($4,350.00 civil penalty + $160.31 enforcement costs) against Town of Mocksville This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Reports (DMR) submitted by Town of Mocksville for the months of April, May and June 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. NCO021491 The violations, which occurred in April, May and June 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that the Town of Mocksville violated the terms, conditions or requirements of NPDES WW Permit No. NCO021491 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, Sherri V Knight, Regional Supervisor for the Winston-Salem Regional Office hereby make the following civil penalty assessment against Town of Mocksville: State of North Carolina I Environmental Quality I Water Resources 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336 776 9800 $225000 3 of the 3 violations of 143-215,1(a)(6) and Permit No.NC0021491, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $2100.00 7 of the 7 violations of 143-215.1(a)(6) and Permit No NC0021491, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD - Conc. $4,35000 TOTAL CIVIL PENALTY $160.31 Enforcement Costs $4,510.31 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: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR Option 2. Submit a written request for remission includinlz 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) were wrongfully applied to the detriment of the violator, (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 has 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) business 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. NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 OR 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 sixty (60) 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailmg address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 431-3000 Facsimile: (919) 431-3100 A copy of the petition must also be served on DENR as follows - Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 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, or within 60 days of receipt of this letter in the case of filing a petition for an administrative hearing, 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 the Water Resources staff of the Winston-Salem Regional Office at 336-776-9800. Sincerely, Sherri V. Knight Regional Supervisor Water Resources Regional Operations Division of Water Resources Attachments cc: WSRO Files w/attachments Central Files w/attachments PS Compliance/Enforcement Unit ATTACHMENT A Towyn of Mocksville CASE NUMBER: LV -2017-0269 PERMIT: NCO021491 FACILITY: Dutchman Creek WWTP Sample Location Parameter Violation Date Limit REGION: Winston-Salem COUNTY: Davie Deported Type of Penalty Value Violation Amount 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 4/1/2017 7.5 9.1 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 4/8/2017 75 13.4 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 4/29/2017 7.5 17.27 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Monthly Effluent C) - Concentration 4/30/2017 5 10.92 Average $750.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 5/20/2017 7.5 10.33 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 5/27/2017 7.5 13.33 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Monthly Effluent C) - Concentration 5/31/2017 5 8.78 Average $750.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 6/3/2017 7.5 8.73 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Weekly Effluent C) - Concentration 6/17/2017 7.5 10.27 Average $300.00 (C0310) Exceeded 001 BOD, 5 -Day (20 Deg. Monthly Effluent C) - Concentration 6/30/2017 5 6.89 Average $750.00 (C0310) Exceeded JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV -2017.0269 County: Davie Assessed Party: Town of Mocksville, Dutchman Creek WWTP Permit No. (if applicable): NC0021491 Amount Assessed: $4,510.31 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. § 1436-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF DAVIE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Mocksville Dutchman Creek WWTP PERMIT NO. NCO021491 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV -2017-0269 Having been assessed civil penalties totaling $4,510.31 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 05, 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 , 20 SIGNATURE ADDRESS TELEPHONE