NC0023299_Remission Request_20190404

ROY COOPER
Govemoi s;
j..a
MICHAEL S. RAGAN
secretmy
LINDA CULPEPPER Water Resources
DirecJw ENVIRONMENTAL QUALITY
April 4, 2019
c/o Apex Companies, LLC
Eric J. Wysong
10610 Metromont Parkway, Suit 206
Cchrlotte, North Carolina 28269
Subject: Your Request to Remit Civil Penalties
Case Numbers LV-2019-0033 and 0034
Woodlake MHP WWTP
NPDES Permit NCO023299
Gilford County
Mr. Wysong:
The Division of Water Resources (DWR or the Division) hereby acknowledges your request to
remit civil penalties in the subject cases, rebeived March 15, 2019. You have also included your
Justification for Remission and your Waver of Right to an Administrative Hearing and
Stipulation of Facts.
The Director will review your request together with relevant documents including a combined
assessment of $1,054.78 [penalties plus enforcement costs]. Please be advised that the Director
will respond to your request, but may deny, or remit all or part of these penalties in accord with
North Carolina General Statute 143-215.6A(f).
Thank you for your cooperation in this matter. The Director will contact you in writing following
her decision. If you have questions, please contact Lon Snider or Jennifer Graznak at the
Winston-Salem Regional Office (WSRO) at 336-776-9800, or email me
[e-mail]] or call my direct line 919-707-3617.
Sincerely;'
s
JqXR. Corporon,l1/. G.
Unit
cc: SWPS, Lon Snider, Supervisor, Jennifer Graznak
NPDES Enforcement File
DEQ/DWR Central Files
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

ROY COOPER
covemoi 'y .
MICHAEL S. RAGAN
Secretory
LINDA CULPEPPER Water Resources
Director ENVIRONMENTAL QUALITY
April 4, 2019
c/o Apex Companies, LLC
Eric J. Wysong
10610 Metromont Parkway, Suit 206
Cchrlotte, North Carolina 28269
Subject: Your Request to Remit Civil Penalties
Case Numbers LV-2019-0033 and 0034
Woodlake MHP WWTP
NPDES Permit NCO023299
Gilford County
Mr. Wysong:
The Division of Water Resources (DWR or the Division) hereby acknowledges your request to
remit civil penalties in the subject cases, received March 15, 2019. You have also included your
Justification for Remission and your Waver of Right to an Administrative Hearing and
Stipulation of Facts.
The Director will review your request together with relevant documents including a combined
assessment of $1,054.78 [penalties plus enforcement costs]. Please be advised that the Director
will respond to your request, but may deny, or remit all or part of these penalties in accord with
North Carolina General Statute 143-215.6A(f).
Thank you for your cooperation in this matter. The Director will contact you in writing following
her decision. If you have questions, please contact Lon Snider or Jennifer Graznak at the
Winston-Salem Regional Office (WSRO) at 336-776-9800, or email me
[e-mail]] or call my direct line 919-707-3617.
cc: SWPS, Lon Snider, Supervisor, J
NPDES Enforcement File
DEQ/DWR Central Files
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

March 12, 2019
Ms. Sherri Knight
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, North Carolina 27105
RECE-1vED, /D=N'R/0WR
MAR 5 2019
Walef � Irces
Porbnitfing Section
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. NCO023299
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 com

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 [phone] x4815.
Sincerely,
Apex Comp,LLC
�U7
ng
Project Manager
A
APEX

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-2019-0033 County: Guilford
Assessed Party: Yes Wl 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. Pleasa 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 maybe 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. l(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 (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 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 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
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. NCO023299 ) 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 Februn 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 (3 0) 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 12
day of M AP_CK
2011
(r _ YES �o-hpwn ITO-3)
Eg%c 5 W YS .dc,, SIGNATURE
ADDRESS
APEX Cd'-kPAWV1Fy , G1-(—
JOGIO ✓ylE-�or�oN� PAX, A7rE Zvi
TELEPHONE
70.4 — q71 -639v
2�r2(69

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-20I9-0034 County: Guilford
Assessed Party: Yes Wl Utilities Exp LLC
Permit No.: NCO023299 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.l(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 (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 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 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
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. NCO023299 ) 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.
q
This the Q 4h day of P-1 A P C K , 20
C Cr-o� YES
F—g i c- T. WyAjWIATURE
ADDRESS
APE x CoApj N i is I Lt- C—
f®,10 111 st e-t-.-Nori Poyy.: 5� 2-�
TELEPHONE.
404 7 9; - (.3910