NC0020559_LV20170337 Remission Request Ack_20180221

Water Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Gorenror
MICHAEL S REGAN
Secretary
LINDA CULPEPPER
Interim Director
February 21, 2018
Frank Frazier, City Manager
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
Subject: Civil Penalty Remission Request
Henderson WRF
NPDES Permit NCO020559
Case Number LV -2017-0337
Vance County
Dear Mr. Frazier:
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Unfortunately, the Division received the request after the allotted thirty (30)
days from your receipt of the assessment. Therefore, the request for remission cannot be
accepted. Please find attached the originally submitted request for remission.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
cc: Enforcement File
NPDES Program Files
Central Files
Raleigh Regional Office
Sincerely,
Brianna Young, Environmental Senior Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 707 9000

y
14CDept ofEnvironmentat Quality
�'FLO U � 2202
i Raleigh Regional Office
I. .
Off= of t& lq afawger
134 Wpse Avenu4 a). 0. akX 1434, Mendmon, XC 27536
Moue 252.430.5701: TaX252.492.7935: E-mail�t 1?enderstm nc.us
www 6henderson.nc.us
January 19, 2018
Mr. Danny Smith, Regional Supervisor
Waterwater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Notice of Violation & Assessment of Civil Penalty
NPDES Permit No. NCQ020559
Case No. LV -2017-0337
Dear Mr. Smith:
1 received the Notice of Violation and Assessment of Civil Penalty in the amount of $2,537.47.
The City strives to always be in compliance with our permit limits and as a result of actions by our
wastewater plant staff we were able to regain compliance. Therefore, we respectfully seek a request for
remission based on the fact that the City promptly took action to abate the compliance issues by adding
chemicals (caustic, Nitrifies, Ammonia Assimilator and Vita Stim) at a cost of approximately $2,800.
Due to this action, it is our belief that little to no environmental damage occurred and this should be
considered.
1 have reviewed this violation with the HWRF Director and we feel the correct action was taken to
address the non-compliance issue.
You will find enclosed the Justification for Remission Request form. We appreciate your consideration
of this matter.
Sincerely,
JI -IL' ranagerFrank Frazier, C
City of Henderson
Enclosures:
cc: Mayor Eddie Ellington
Lamont Allen, HWRF Director

J
Case Number: LV -2017-0337
JUSTIFICATION FOR REMISSION REQUEST
County: Vance
Assessed Party: City of Henderson
Permit No.: NC0020559 Amount Assessed: $2.537.47
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 Nearing, 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. § 14313-282.1(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. 1436-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessniernt 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 frenn•e occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the violation bras 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 yore jean performing the activities necessary to achieve
compliance).
EXPLANATION:

r
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF VANCE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Henderson )
Henderson WRF l
PERMIT NO. NCO020559 ) CASE NO. LV -2017-0337
Having been assessed civil penalties totaling $2,537.47 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 13, 2017, the undersigned, desiring to seek remission of the civil penalty, does
hcreby 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 h day of 7c. N of:) , 2011L
SIC' ATURE
ADDRESS
P • o - 0ox 1434
lose. Ave.
wt!4 9.caoo.J I tg [ 27530
TELEPHONE
z5Z- 4.so- 57oj

ATTACHMENT A
City of Henderson
CASE NUMBER: LV -2017-0337
PERMIT: NC0020559
FACILITY: Henderson WRF
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Vance
Y
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount
3/11/2017 3-2017 BOD, 5 -Day (20 Deg. 5 X week mg1l 18 23 27.8 Weekly $500.00
C) - Concentration Average
Exceeded
3/1112017 3-2017 Nitrogen, Ammonia 5 X week mgll 18 2354 308 Weekly $500.00
Total (as N) - Average
Concentration Exceeded
3/3112017 3-2017 Nitrogen, Ammonia 5 X week mg/1 6 7.8 30.0 Monthly $1,500.00
Total (as N) - Average
Concentration Exceeded