NC0020800_LM20180013_20180328

JUSTIFICATION FOR REMISSION REQUEST
Case \umber: LM-2018-0013
Assessed Part-
.: Town of Andrews
Permit No.: N C0020800
County: Cherokee
Amount Assessed: $2,118.68
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission
T aiver 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 civ
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),
_V"'- (c) the violation was inady rtent 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 (Le, explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:
se- A1 C-c'keA,
RECEIVENDENROWR
MAR 2 8 2010
Water Resources
Permitting Section

STATE OF NORTH C_AROLL\A DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHEROKEE
IN THE NLATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Andrews )
Andrews WWTP )
PERMIT NO NCO020800 ) CASE NO. LM-2018-0013
Having been assessed civil penalties totaling $2,118 68 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated -March 12, 2018, the undersigned, -de -siring 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
/?A
day of CLr CA , 20
ADDRESS
TELEPHONE
SIGNATURE
11
4

Explanation of Request for Remission
3/19/18
Re: Case # LM-2018-0013
The Town of Andrews Wastewater Treatment Plant requests remission of civil penalties assessed in case
number: LM-2018-0013 for the month of September 2017 based upon factor (c) of the Justification For
Remission Request form.
The violations which occurred during this time were inadvertent and unavoidable when taking into
consideration that the Town of Andrews has been in dire need of upgrades for worn out and aging
infrastructure for several years now. Until recently, the ability of the Town of Andrews to acquire the
necessary funding to make said upgrades due to financial constraints, and/or minimal availability of
grant funding has created a hardship for both the municipality and plant operators in keeping the plant
in compliance due to aging, worn, broken down components of the facility. These repairs are costly to
say the least, and cannot be remediated by any short-term action. The Town of Andrews has, and will,
continue to work diligently towards rectifying these compliance issues, and has been making extensive
progress in doing so, despite the hardship and financial strain that it puts upon the already burdened
tax -payers and residents of the town
- To date, the Town has procured approximately $1 3 million dollars for Phase One of the
Andrews Wastewater Treatment Plant Capital Improvements project. Approximately 80% of this
funding has been obtained by way of the Town of Andrews securing a loan for that amount
during a time of extreme financial difficulty. This is undoubtedly an indication of the Town's
determination and willingness to see that progress and correction is made concerning this issue.
- The Town entered into a contract for construction for Phase One of the Capital Improvements
plan on May 8, 2017, and was issued a Notice to proceed on June 1, 2017. At this time, JS Haren
Construction out of Athens, TN was awarded the contract and began construction and repairs at
our facility. As of the date of this letter, over 90% of the construction and repairs have been
completed, and we are very close to once again being able to operate our plant to full capacity.
This will also be the first time since 2015 that our plant infrastructure has been operating at
more than 50% of its functional capacity In light of this understanding that the facility has been
inadvertently forced to operate at only half of its functional capacity for this time based upon
these factors, it shows nothing but due diligence and hard work on the part of the Town of
Andrews and WWTP operators in being able to maintain the numbers that we actually have.
- In October of 2017 the Town of Andrews and the North Carolina Environmental Management
Commission entered into a Settlement Agreement for NPDES Permit #NC0020800 according to
NC General Statute 143-215.3(a)(6). This Settlement Agreement required the following:
1. The Town of Andrews to move towards fulfilling the obligations and repairs (i.-v.) noted
in the Authorization to Construct
2. The fulfillment of requirements (a.) — (c.) by the Town of Andrews of the following
Implementation Schedule, and
3. Payment in full of settled amount of civil penalties to date in the amount of $4,500.00

Explanation of Request for Remission
3/19/18
All of the requirements set forth within the Settlement Agreement have been met by the Town of
Andrews with the exception of part (c.) of section "2." of the settlement agreement with regards to the
requirement to "return to consistent compliance or enter into Special Order of Consent within 90 days
of completion of all items..." This is due to the fact that final construction is not yet completed.
In addition to this I have attached copies of-
• Settlement Agreement as a reference
• Detailed and up-to-date Construction Progress Report, and
• Explanation letter of Reasoning for Remission of ALL assessed fines for the duration of
Construction and Settlement Agreement based upon the undue hardship it would create for the
Town of Andrews and its residents.
The Town of Andrews is currently seeking other avenues of funding for the purpose of making further
upgrades and repairs to our plant in order to more efficiently maintain and/or meet the needs for the
protection of our environment as well as down -stream users as we move into the future.
The Town of Andrews respectfully requests that you would grant leniency in this case, as we continue to
work together towards that goal.
Timothy Wood
Town of Andrews WWTP-ORC
wastewaterplant@andrewsnc com
[phone]

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHEROKEE
1N THE MATTER OF )
?NORTH CAROLI NA ) SETTLEMENT AGREEMENT
NPDES PERMIT NCO020800 ) C17-001
HELD BY THE TOWN OF ANDREWS )
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement Agreement
is entered into by the Town of Andrews, herein referred to as the Town, and the North Carolina
Environmental Management Commission, an agency of the State of North Carolina created by N.C.
General Statute § 143B-282, and hereinafter referred to as the Commission -
The Town and the Commission hereby agree to the following findings
(a ) The Town holds North Carolina NPDES permit NCO020800 for operation of the Town of
Andrews wastewater treatment plant (WWTP) and for making an outlet therefrom for the
discharge of treated wastewater to the Valley River, currently classified C waters of this State
in the Hiwassee River Basin.
(b ) Effluent limits included as terms of NPDES permit NCO020800 have been established as
those concentrations of pollutants that may be discharged into the receiving stream without
causing applicable water quality standards to be contravened.
(c ) The Town of Andrews WWTP has been noncompliant with the effluent limits contained in
NPDES permit NCO020800 in the manner and to the extent described in Attachment A to this
Agreement. Reported violations of effluent limits have persisted from June 2015 through the
date of this agreement Further noncompliance with permit limits is anticipated in the future
unless additional action is taken to enhance or upgrade treatment processes.
(d.) The Town has been assessed penalties totaling $15,117.37 for effluent limit violations that
occurred from June 2015 through December 2016. Of that total, $2,062.50 has been remitted
(reduced/removed), and $7,379.82 has been paid, leaving an outstanding assessed civil
penalties balance of $5,675.72
(e ) Per application of current Division of Water Resources (Division) enforcement guidance, the
Town is potentially liable for the assessment of additional civil penalties for effluent limit
violations that occurred from January — August 2017.
N
w

Town of Andrews Settlement Agreement C17-001
NCO020800
(f.) On September 12. 2016, The Town received Authorization to Construct from the Division for
modifications to the Andrews WWTP. The modifications include:
i. Installation of a new 3 75 MGD mechanical bar screen and replacement of an existing
manual bar screen,
ii Rehabilitation of the existing North trickling filter by replacing media and
rehabilitation of distributor rotating mechanism;
Ill. Rehabilitation of the South trickling filter rotating mechanism; repair of the South
secondary clarifier (solids removal system, clarifier drive),
IV. Installation of a chlorination/dechlorination integrated automatic feed controller
system; installation of a new chlorine residual analyzer;
v Replacement of aerobic digester aeration system consisting of three (3) 725 SUM
blowers, air piping and diffusers;
The Town believes this work will have a positive impact on effluent concentrations of 5-day
Biochemical Oxygen Demand (BOD) and ammonia nitrogen
2. Based upon the above findings. the Town and the Commission agree to the implementation of the
following schedule.
(a.) The Town executed construction contracts on May 8, 2017; a Notice to Proceed was issued on
June 1, 2017
(b.) The Town shall provide quarterly reports to the NC DEQ Asheville Regional Office (ARO)
documenting progress made toward completion of construction activities noted in l.(f.)(i. —
v.) above, including evaluations of the effectiveness of efforts that have been completed
Additionally, the reports shall address any hindrances the Town has experienced in the
completion of construction activities. Reports are to be submitted no later than the 15,' day of
February, May, August and November, as long as this Agreement is in effect Reports shall
be submtted to ARO Regional Engineer Tim Heim via email (tim.heim@ncdenr gov).
(c ) Return to consistent compliance or enter into a Special Order by Consent within 90 days of
completion of all items included in the modifications contained in the Authorization to
Construct. "Consistent compliance" as stated above is defined as being compliant with terms
and conditions of NPDES permit NC0020800, as primarily evidenced by data submitted on
Discharge Monitoring Reports (DMRs), for (3) three consecutive months after completion of
all construction activities noted in 1 (f )(i — v.) above (construction is currently anticipated to
be complete by January 31, 2018).
Q
Page 2 of 4

I
Town of Andrews Settlement Agreement C17-001
NC0020800
In order to facilitate resolution of the matters of outstanding civil penalties and unaddressed
violations documented in paragraphs 1.(d.) and 1 (e.) above, the Commission and the Town agree to
settle the above described penalties and violations for the total amount of 4 500.00. Payment shall
be made by check made payable to the North Carolina Department of Environmental Quality within
15 days of the execution of this Agreement, and sent to the following address-
Attn: John Hennessy, Supervisor
Compliance & Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all outstanding civil
penalties assessed prior to the execution of this Agreement and resolve all unaddressed violations
occurring prior to the execution of this Agreement.
4. Nothing in this Agreement relieves the Town of its duty to abide by the terms of NPDES permit
NC0020800. Noncompliance with the terms of the NPDES may subject the Town to the
assessment of additional civil penalties during the time this Agreement is in effect. However, the
Division will use discretion in its consideration of civil penalty assessments for violations of
permit limits that occur during the life of the Agreement.
5 Failure to comply with the terms of this Agreement may subject the Town to the assessment of
additional civil penalties pursuant to Part II, Section B (2.) (the "Duty to Mitigate" condition) of
NTPDES permit NC0020800.
Requests. actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made, completed or submitted by the dates specified The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held
entirely by the Town.
Because this is an Agreement between the Commission and the Town, neither party will file a
petition for a contested case or for judicial review concerning its terms.
The Town may request an extension/modification to this Agreement. Such request must be made
in writing to both the ARO and the Division's Central Office. The request must include reasons
for the extension/modification and state when compliance with the NPDES permit will be
achieved Any extension/modification must be approved in writing by the Director of the Division
or his designee in order to be effective.
Page 3 of 4

Progress Report for Andrews WWTP Capital Improvements 3/19/18
At the present, the Town of Andrews WWTP is in the process of its rehabilitation, with an approximate
scheduled completion date of 3/22/18. This has included the repair of all aged, worn, and/or
malfunctioning mechanical/structural components necessary for the proper process control of the
facility, in addition to 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.
To date work has been completed on:
- Rehabilitation of Aerobic Digester and replacement of old digester blowers and valves with all
new equipment
- Installation of Parkson Aqua -Guard Mechanical Screen
- Installation and Set -Up of new Disinfection/Dechlorination buildings and system which also
includes new flow -proportional gas feed system for Chlorine gas, new Chlorine Residual
Analyzer for automatic feed of S02 dechlorination unit, new gas detectors, alarms, valves, and
scales
- Rehabilitation of North Trickling Filter. All new media support walls and media has been
replaced, columns, arms, seals, bearings, and fittings have been replaced
- Rehabilitation of North Trickling Filter
- South Clarifier Repairs New drive installed. All scrapers and sludge draw -off lines have been
replaced. Clarifier start-up occurred on 3/14/18
- Additional work includes. New N Filter Valve, Well -point for groundwater at S. Clarifier,
redundancy in water lines for Chlorination/Dechlor systems
To date work near completion includes:
- Awaiting final construction, punch -list, and site clean-up
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 the past three years concerning
exceeding monthly limits for Ammonia Nitrogen, BOD, and TSS, 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 making every good faith effort towards these improvements, and also continues
to work diligently in planning and procuring the funding for future capital improvements

Reasoning For Remission Request
3/19/18
RE: Case # LM-2018-0013
We fully understand that the recently issued and received NOV's are a matter of legal requirement in
their administration, however considering our circumstances at the present, the remedial actions,
funding, and good faith effort put forth by the Town of Andrews and WWTP operators, I know that our
situation is unique Because of this, and at the risk of seeming redundant, 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.
3 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
We also 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