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HomeMy WebLinkAboutNC0045471_LV-2019-0098 Remission (Justification for Request)_20190607 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2019-0098 County: lredell Assessed Party: Barium Springs Home for Children Permit No.: NC0045471 Amount Assessed: $711.38 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. § 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); __ (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 you from performing the activities necessary to achieve compliance). EXPLANATION: 1 RECEIVED/NGDE61/DWR JUN 19 2019 Water Quality Permitting Section STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALPI'Y COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Barium Springs Home for Children ) ) ) PERMIT NO.NC004547 I ) CASE NO. LV-2019-0098 Having been assessed civil penalties totaling$711.38 for violation(s)as set forth in the assessment document of the Division of Water Resources dated May 7,2019,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 L a.I L day of -'1'- - ,20 19 IGNATURE ADDRESS Po. &3), sprt agolo TELEPHONE �a�'- ar4.. ac33 Corey Basinger Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources,NCDEQ DEQ Case Number: LV-2019-0098 NPDES Permit Number: NC0045471 Assessed Party: Barium Springs Home for Children County: Iredell Amount Assessed: $711.38 It is the desire of Barium Springs Home for Children to respectfully appeal the Assessment of Civil Penalty issued May 7, 2019 by the Division of Water Resources. The historical trend of Notices of Violation over the last two calendar years, as noted in the Notice of Violation and Assessment of Civil Penalty, clearly illustrates the difficulties encountered at this wastewater treatment facility to stay in compliance with its NPDES permit. The treatment plant,which has no access to power,running water, or other utilities, has very few resources with which to rectify problems that occur in the treatment process. In addition,the flow going to and through the plant is often considerably lower than the design flow that was intended to be treated. These issues present challenges that are problematic to treat with the infrastructure currently in place. The decreased flow that has been seen in recent years compounds these problems. The exceedances that prompted this Notice of Violation are for effluent BOD exceeding the daily limit; effluent BOD exceeding the monthly average; and effluent Ammonia-Nitrogen exceeding the monthly average. The staff at Barium Springs Home for Children has worked closely with Envirolink to monitor the wastewater plant and make repairs and rectify the causes for these infractions. After sample results came back from the lab in a state of non-compliance with the NPDES permit,multiple corrective actions were taken. A bell in the Imhoff tank that mechanically doses wastewater onto the sand filters was found to have a faulty valve that was allowing flow to constantly stream through. This was noted and repaired to prevent wastewater from constantly flowing as the Imhoff tank filled. In addition, several leaks were noted in the distribution box that distributes flow to each line feeding the sand filters. Barium Springs staff repaired these leaks so that flow through the filters was evenly distributed and was not puddling at the head of the filters. Shortly after this repair, each of the six distribution lines were jetted and flushed in order to remove sludge and buildup that had accumulated. In addition to the corrective measures taken by Barium Springs staff, Envirolink staff have engaged in preventive procedures. Multiple process control COD and Ammonia-Nitrogen samples pulled from the contact chamber were run by a certified lab in an effort to determine if corrective and preventive actions are making a difference in the treatment process of this facility. Core samples from the sand filters have been taken and delivered to NCDA in order to determine the efficacy of the sand filters. In closing,we believe that our request for remission is justified by the above response to our NPDES permit exceedances. It is our desire for our efforts to bring this facility back to compliance to be noted by the Division. Thus,we respectfully request remission from the civil penalties incurred by the violations observed in February 2019. Sincerely, ✓ ES�� 6-e-5 Greg Heaton Barium Springs Home for Children CAPE FEAR ENGINEERING 151 Poole Rd.,Suite 100;Belie,NC,28451 TEL(910)383-1044;FAX(910)383-1045 www.capefearengineeving.com Transmittal To: NC Division of Water Resources Date: June 17, 2019 i PERCS Unit File: 655-1411 "34" 1617 Mail Service Center Subject' Phase 14 Raleigh, NC 27699-1617 Final As-builts & Certifications Attn: Christyn L. Fertenbaugh, PE Compass Pointe Brunswick County El As Requested ❑ For Your Files ❑ For Distribution ® For your Review/Action/Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 2 Original & Engineer's Final Certification Copy 1 Copy As-Built Plans OECEIb'CD/N AQ/DlNR JUN 19 2019 Water Quality Permitting Section REMARKS Please find the enclosed documents for your review. If you have any questions or require additional information, please contact our office Thank you. CC: Cape Fe Engi eering, Inc. File 655-1411 "34" Signed: I\Os„ Sam rohaugh Received By: Date' ENGINEERING CERTIFICATION Permittee: Brunswick Regional Water&Sewer H2GO Issue Date:May 15,2019 Permit No: WQ0040299 County: Brunswick Project: Compass Point Phase 14 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation,which includes: • One copy of the project construction record drawings(plan&profile views of sewer lines&force mains)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media(CD or DVD disk)and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers,separation distances,material changes,etc. Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed description for partial certifications should be attached to this form along with any certification comments. Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible for tracking all partial certifications up until a final certification is received. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards&requirements,the Professional Engineer below has provided applicable design/construction information to the Permittee,and the Permittee is prepared to operate&maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title g i� Date ENGINEER'S CERTIFICATION I, PATCWELS auktal .s a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe •eriodically, ❑ weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 340 linear feet of 1.5-inch pressure sewer and approximately 1,690 linear feet of 2-inch pressure sewer; as well as 32 simplex pump stations with on-site audible and visual alarms and associated pressure service laterals to serve 16 duplex [total of 32 3- bedroom single family] residential units as a part of the Compass Pointe Phase 14 project, and in conformity with the project plans, specifications, supporting documents, and design criteria subsequently filed and approved. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. North Carolina Professional Engineer's Seal w/signature&date: +° � . - ®‘A''/°>% Final Partial(include description) : SEA ❑ p ) v e L 038615 ��o �Omom '% s' NeneganaluattelitT Send the Completed Form&Supporting Documentation to the Following Address: DWR WATER QUALITY PERMITTING SECTION WASTEWATER BRANCH—PERCS UNIT 1617 Mail Service Center Raleigh,NC 27699 ENGINEERING CERTIFICATION Permittee: Brunswick Regional Water&Sewer H2GO Issue Date:May 15,2019 Permit No: WQ0040299 County: Brunswick Project: Compass Point Phase 14 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this,permit until the Division has received this Certification and all required supporting documentation,which includes: o One copy of the project construction record drawings(plan&profile views of sewer lines&force mains)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media(CD or DVD disk)and are defined as the design drawings that-are marked up or annotated with after construction information and show required buffers,separation distances,material changes,etc. Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed description for partial certifications should be attached to this form along with any certification comments. Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible for tracking all partial certifications up until a final certification is received. PERMITTEE's CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards&requirements,the Professional Engineer below has provided applicable design/construction information to the Permittee,and the Permittee is prepared to operate&maintain the wastewater collection system permitted herein or portions thereof. 6 , We.tL k-P;rtcfbr 774÷ v"6- 6 ` 17-/, Printed Name,Title Signature Date ENGINEER'S CERTIFICATION I, ‘ tail. .s a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (P!, •eriodically, ❑ weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby-state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 340 linear feet of 1.5-inch pressure sewer and approximately-1,690 linear feet of 2-inch pressure sewer; as well as 32 simplex pump stations with on-site audible and visual alarms and associated pressure service laterals to serve 16 duplex ['total of 32 3- bedroom single family] residential units as a of the Compass:Pointe Phase 14 project,and in conformity with the project plans, specifications, supporting documents, and design criteria subsequently filed and approved. I certify that the construction of the-above referenced project was observed to be built within substantial compliance and intentof the approved plans and specifications. ,,ti_. North Carolina Professional Engineer's Seal w/signature&date: � ® Zak °° ►pA Final ❑ Partial(include description) " -AL �m 7-7: 038615 �4,°° y - Send the Completed Form&Supporting Documentation to the Following Address: DWR WATER QUALITY PERMITTING SECTION WASTEWATER BRANCH—PERCS UNIT 1617 Mail Service Center Raleigh,NC 27699