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Home My WebLink AboutNC0023299_LV-2019-0033 & 0034 Response_20190312 AAn \P X MAR �'R March 12, 2019 5 2019 Uva�er Rezoume$ Ms. Sherri Knight �'errnitling Sectiorp North Carolina Department of Environmental Quality Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston-Salem, North Carolina 27105 RE: Response to Notice of Violations and Assessment of Civil Penalties, February 14, 2019 Tracking Number: LV-2019-0033 and LV-2019-0034 NPDES Permit No. NC0023299 Woodlake MHC Waste Water Treatment Plant 5418 Country Club Road Greensboro, Guilford County, North Carolina Dear Ms. Knight: Yes WI Utilities Exp LLC (Yes) is in receipt of the Notice of Violations (NOVs) and Assessment of Civil Penalties dated February 14, 2019 for the Woodlake MHC wastewater treatment plant (WWTP). As summarized in two separate letters dated February 14, 2019, LV-2019-0033 and LV- 2019-0034, penalties in the amount of$177.39 and $877.39 have been assessed against Yes. The violations occurred as follows: • 8/1/18, 8/15/18, 8/29/18, and 9/5/18—daily maximum BOD exceedances • 8/31/18—monthly average BOD exceeded • 8/31/18—monthly average Nitrogen,Ammonia Total exceeded Yes is requesting remission of these penalties based on the fact that the violations occurred during WWTP upgrades and that the operators and specialized subcontractors were onsite frequently during this time period to address issues as they came up during upgrade activities. Furthermore, Yes is committed to conducting further evaluations into the collection system to identify and reduce potential inflow and infiltration. In response to previous violations occurring at the Woodlake WWTP, Apex has been working with Yes Communities and the North Carolina Department of Environmental Quality (NCDEQ) to upgrade the facility. Beginning in late-July 2018 and ending in early September 2018, the aeration systems for each of the two treatment trains at the Woodlake WWTP were upgraded. Upgrades included: cleaning all aeration and clarifier basins, installation of new blowers and motors, installation of new nine-inch fine bubble diffusers, and replacement of all blower piping with new stainless-steel piping. Initial installations and replacements were performed between July 11 and July 26, 2018. During the month of August 2018, the WWTP operator was adjusting airflow throughout the treatment trains. By late August 2018, it was determined that there was not enough airflow to properly aerate all chambers and provide enough flow to operate sludge return pumps. •On September 5, 2018, the pulleys on the blowers and motors were adjusted to provide additional airflow. Following these adjustments, the operator had enough air supply to meet the WWTP needs. Based on a review of dry weather and wet weather flow data through the Woodlake WWTP, infiltration and inflow have also been identified as possible issues affecting effluent water quality. As a result, Yes has scheduled an inflow and infiltration (I&I) study to be conducted on the collection system within the Woodlake community. The I&I study consists of visual inspection of all sanitary sewer conveyance piping manholes and cleanouts, visual inspection of sanitary sewer connections Apex Companies,LLC•10610 Metromont Parkway,Suite 206•Charlotte,NC 28269•T 704 799 6390•F 704.799 6395•apexcos corn Ms. Knight, NCDEQ March 12,2019 Response to NOV Letter—Woodlake MHC Page 2 below homes, cleaning of the collection system piping, closed-circuit television inspection of all accessible sanitary conveyance piping, and smoke testing of the sanitary collection system. This work has been scheduled to begin the week of March 3, 2019 and is expected to require approximately three weeks to complete. Yes and Apex Companies, LLC (Apex) are continuing to work diligently to optimize operations at the plant to meet permitted limits as quickly and cost effectively as possible. As a result, we respectfully request remittance of the aforementioned civil penalties. Should questions arise, please feel free to contact the undersigned at (704)799-6390 x4815. Sincerely, Apex Compani 1 , LLC Eric J. ysong • Project Manager A i APEX JUS 11FICATION FOR RENIISSION REQUEST Case Number: LV-2019-0033 County: Guilford Assessed Party: Yes WI Utilities Exp LLC Permit No.: NC0023299 Amount Assessed: $177.39 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.§ 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.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); X (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); X (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 vio_lations; _ (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: Beginning in late-July 2018 and ending in early September 2018, the aeration systems for each of the two treatment trains at the Woodlake WVVTP were upgraded. Upgrades included: cleaning all aeration and clarifier basins, installation of new blowers and motors, installation of new nine-inch fine bubble diffusers, and replacement of all blower piping with new stainless-steel piping. Initial installations and replacements were performed between July 11 and July 26, 2018. During the month of August 2018, the WVVTP operator was adjusting airflow throughout the treatment trains. By late August 2018, it was determined that there was not enough airflow to properly aerate all chambers and provide enough flow to operate sludge return pumps. On September 5, 2018, the pulleys on the blowers and motors were adjusted to provide additional airflow. Following these adjustments, the operator had enough air supply to meet the VVVVTP needs. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Yes WI Utilities Exp LLC ) Woodlake MHC WWTP ) ) PERMIT NO.NC0023299 ) CASE NO. LV-2019-0033 Having been assessed civil penalties totaling$177.39 for violation(s)as set forth in the assessment document of the Division of Water Resources dated February 14,2019,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 I Z +� day of / 1 AV.ct& ,20 1.1 6-772 (Fete YES piles) • Epc 3; wYs2,1/C\ SIGNATURE ADDRESS Ap&x CoA,PANIEs Gr.c— I OG I O r rreoJ1of i P/y ...4)1TE ZO I ejAAP-t_ol 1dL 28'2�� TELEPHONE 7-0.Li- - -&39v • ' I JUSTIFICATION FOR RENIISSION REQUEST Case Number: LV-2019-0034 County: Guilford Assessed Party: Yes WI Utilities Exp LLC Permit No.: NC0023299 Amount Assessed: $877.39 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.§ 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.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); X the violator promptly abated continuing environmental damage resulting from the violation(Le., explain the steps that you took to correct the violation and prevent future occurrences); X (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 youfrom performing the activities necessary to achieve compliance). EXPLANATION: Beginning in late-July 2018 and ending in early September 2018, the aeration systems for each of the two treatment trains at the Woodlake WWTP were upgraded. Upgrades included: cleaning all aeration and clarifier basins, installation of new blowers and motors, installation of new nine-inch fine bubble diffusers, and replacement of all blower piping with new stainless-steel piping. Initial installations and replacements were performed between July 11 and July 26, 2018. During the month of August 2018, the WWTP operator was adjusting airflow throughout the treatment trains. By late August 2018, it was determined that there was not enough airflow to properly aerate all chambers and provide enough flow to operate sludge return pumps. On September 5, 2018, the pulleys on the blowers and motors were adjusted to provide additional airflow. Following these adjustments, the operator had enough air supply to meet the WWTP needs. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GUILFORD { 1N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Yes WI Utilities Exp LLC ) Woodlake MHC WWTP ) ) PERMIT NO.NC0023299 ) CASE NO. LV-2019-0034 Having been assessed civil penalties totaling$877.39 for violation(s)as set forth in the assessment document of the Division of Water Resources dated,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 Q day of A ft c R ,20 fq 1 e YES c ma. , 2 &4 i T 1gysQC�NATURE ADDRESS `"'++ APE- Cry pk/W 1.1S' LLIOC/0 tri 20 C, ! • C ill at--f o A L 2 g Z-a l • • TELEPHONE. 404- - 7 — C.39v {