WQCSD0042_DV20190030_20190402

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 Rhodhiss )
Rhodhiss Collection System )
)
PERMIT NO. WQCSD0042 ) CASE NO. DV-2019-0030
Having been assessed civil penalties totaling$622.97 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated February 21, 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 2CA day of I\� O.C C� ,20 kCt
SIGNATURE
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JUSTIFICATION FOR RENIISSION REQUEST
Case Number: DV-2019-0030 County: Burke
Assessed Party: Town of Rhodhiss .
Permit No.: WQCSD0042 Amount Assessed: $622.97
Please use this form when requesting remission of this civil penally. 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);
1r (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);
V (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:
•

Page 1 of 1
eClimalologiciiuD'atatfoi fl1GICORY,IFAA MRPORT,NC-lDi cem her 2018'a` '
Temperature
Date _ HDD COD ' Precipitation
Maximum Minimum 1 Average Departure
2018-12-01 53 49 51.0 6,4 14 0 0.58
301842.02 64 48 56 0 11.7 9 0 0 00
2018-12-03 66 41 53.5 9.5 11 0 0.00
I 2018.12.04 48 35 41.5 -2.2 23 0 0 00
i 2018.12.05 43 28 35 5 -7.9 29 0 0 00
2018-12-06 44 22 33.0 -10.1 32 0 0.00
2018-12-07 46 28 37.0 -5.8 28 0 0.00
2018.12-08 42 34 38.0 -4.6 27 0 T
2018-12-09 35 27 31.0 -11.3 34 0 1.72
2018.12-10 43 31 37.0 -5.1 28 0 0.41
2018-12-11 50 23 36.5 -5.3 28 0 0 00
2018-12-12 45 27 36 0 -5.6 29 0 0 00
2018.12-13 49 29 39.0 -2 4 26 0 0.00
2018-12-14 42 36 390 -22 26 0 0.30
2018-12-15 47 41 44 0 3.0 21 0 0 04
2018-12-16 59 36 47.5 6.7 17 0 T
2018-12.17 61 39 50 0 9.4 15 0 0.00
2018-12-18 57 33 45 0 4.6 20 0 0 00
2018-12-19 52 29 40 5 0 3 24 0 0.00
C1018-12-20 1 46 42 44 0 3 9 21 0 1.51----\
1
l c...201 -12-_ ) 55 43 49 0 9.0 16 0 0 34 fJ
2018.12.22 50 33 41.5 1.7 23 0 0.00
2018-12-23 51 28 39 5 -0 2 25 0 T
r 2018.12.24 50 30 40 0 0.4 25 0 0 00
2018-12-25 48 28 38 0 -1.5 27 0 0 00 _
2018-12-26 53 28 40.5 1.1 24 0 0 00
I 2018-12-27 43 31 37 0 -2.3 28 0 �F51
,...._ 2018-12-T) 51 38 44.5 53 20 0 1.19
2018-12-29 64 43 53.5 14.4 II 0 000
2018-12-30 58 44 51.0 11.9 14 0 T
2018-12-31 62 48 550 160 10 0 0,02
Sum 1577 1072 - - 685 0 6 63
Average 50 9 ' . 34 6 42.7 1.6 - - -
Normal 50 9 31.4 41.1 - 739 0 i 3.70
Observations for each day cover the 24 hours ending
at the time given below(Local Standard Time).
Max Temperature:midnight
Min Temperature:midnight
Precipitation:midnight
1-.t*n•//r..taa,rloto vnn_on;c n"n/r.cra/ 2I')S/7I110

Town of Rhodhiss, WQCSD0042, Case No. DV-2019-0030
ATTACHMENT to Justification for Remission Request
(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):
EXPLANATION:For both incidents(December 20th and 28th), after the SSO had ceased, Town personnel
examined the ground where the SSO occurred and found no solids or debris to clean up, but they did
apply lime to disinfect the ground. For prevention of future occurrences, the Town is working on another
rehabilitation project to reduce I/I. It is a$400,000 project for which the Town will borrow$100,000
(NCDEQ—DWI Project#E-SRP-W-17-0117). It is scheduled to begin construction on or before March of
2020. Before and during the incidents, Town personnel took many steps to abate environmental damage
(refer to explanation for(c)below).
(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):
EXPLANATION: The December 20, 2018 incident occurred during a 1.52-inch rainfall event(based on
Hickory FAA Airport data), and the December 28,2018 incident occurred during a 1.70-inch rainfall event
(occurring on the 27th and the 28th). For both incidents, Town personnel contacted Bumgarner Septic
Tank& Grading as soon as it was apparent that SSO's were likely(due to pump stations activating high
water alarms). Personnel earlier emptied the decommissioned WWTP tanks to use for temporary storage
during high flow events. Personnel planned ahead by emptying these tanks and contacting Bumgarner
so that excessive wastewater flow could be pumped into a 2,500-gallon tanker and hauled to these
tanks. Note that during these events Bumgarner had no place reasonably close to haul to since the cities
of Hickory and Lenoir were not accepting hauled wastewater at their WWTP's(because they were also
experiencing high flows). The Town of Rhodhiss recently completed a$1.4 million sewer rehabilitation
project that has significantly reduced I/I. However, the extreme wet weather in 2018 has made ground
conditions saturated. Thus, the heavy rains in December naturally migrated through the remaining
defects in the sewer system rather than being retained in the soil. The Town is working on another
rehabilitation project to further reduce 14. It is a$400,000 project for which the Town will borrow
$100,000(NCDEQ—DWI Project#E-SRP-W-17-0117). Therefore, the Town of Rhodhiss took every
reasonable preparation, both in the short term as the storms approached and in the long term by making
major capital improvements and planning to do more. These violations were unavoidable.
(d)the violator had not been assessed civil penalties for any previous violations:
EXPLANATION:The Town of Rhodhiss has never been assessed civil penalties for any previous violations.
The Town will be taking on additional debt of$5,000 per year with the DWI Project#E-SRP-W-17-0117.
Therefore, a civil penalty of$500 is significant and only reduces the Town's ability to finance sewer
system capital improvements to reduce I/I. Furthermore,the Town spent$3,101.25 (invoices attached)
in pumping/hauling costs associated with these two incidents,which is already a motivation to the Town
Council to continue expenditures to reduce I/I and resulting SSO's.A civil penalty is not needed to
further motivate them.

Dec 29 2018 05:24PM HP FaxBumgamer Septic 8283961956 page 1
Bumgarner Septic Tank and Grading, Inc.
1190 Dudley Shoals Road
Granite Falls, NC 28630 US
[phone]
[e-mail]
INVOICE
BILL TO INVOICE# 3721
Town of Rhodhiss DATE 12/28/2018
PO Box 40 DUE DATE 12/28/2018
Rhodhiss, NC 28667 TERMS Due on receipt
•
ACTIVITY QTY RATE AMOUNT
PT1:PT1 7 135.00 945.00
Emergency Call Out to Location:Catawba Pump Station -High Alarm
Labor:Labor 14 67.50 945.00
Emergency Call Out Labor-Total Hours Combined -TD& Bailey
Sludge:Sludge 2,500 0.12 300.00
Hauled One Load of Sludge Away, Remaining Loads Placed in Holding
Tanks on Town of Rhodhiss Property
BALANCE DUE $2,190.00
I TOWN OF
RHODHusS -
Bumgarner Septic Tank and Grading ENTERPRISE FUND
Date -
1/4/2019 Type Reference
6►11 3721 Original � 8312
Amt.'
Balance Due 1/4/2019
2,190.00
2,190.00 Discount
Payment
Check Amount 2,190 00
2,190.00
b., A
CASH WATR/SWR F
2,190 00

Dec 21 2018 05:02PM HP FaxBumgamer Septic 8283961956 page 1
Bumgarner Septic Tank and Grading, Inc.
1190 Dudley Shoals Road
Granite Falls, NC 28630 US
[phone] •
[e-mail]
INVOICE •
BILL TO INVOICE# 3698
Town of Rhodhiss DATE 12/20/2018
PO Box 40 DUE DATE 12/20/2018
Rhodhiss, NC 28667 TERMS Due on receipt
ACTIVITY QTY RATE AMOUNT
PT1:PT1 4.50 135 00 607.50
Emergency Call Out 10 Location:Catawba Pump Station - Material Placed
in Holding Tanks on Rhodhiss Property
Labor:Labor 4.50 67.50 303.75
Emergency Call Out: Labor-Thomas W.
BALANCE DUE $911 .25
TOWN OF RHODHISS ENTERPRISE FUND 8311
Bumgarner Septic Tank and Grading 12/28/2018
Date Type Reference Original Amt Balance Due Discount Payment
12/28/2018 Bill 3698 911.25 91125 911.25
Check Amount 911.25
mom
CASH WATR/SWR F 911.25
•