NC0043559_Remission Request_20180823

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FITCH CREATIONS, INC.
FEARRINGTON VILLAGE
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August 23, 2018
Mr.Danny Smith
Regional Supervisor
Division of Water Resources, NCDEQ
Wastewater Branch �ECEIVEDIDENRID�NR
1617 Mail Service Center R,UG 3 0 2018
Raleigh, NC 27699-1617
Vvator ResSes
permitting ec
Subject: NOTICE OF VIOLATION&ASSESSMENT OF CIVIL PENALTY
Case No: LV-2018-0197
WWTP Permit No. NC0043559
Fearrington Village WWTP
Chatham County
Dear Mr. Smith:
Fearrington Utilities appreciates the opportunity to respond to the Notice of Violation issued on
August 10,2018 by the Division of Environmental Quality. This is our response regarding the
daily max permit exceedances for Total Suspended Solids, and fecal coliform for the month of
January 2018.
We have reviewed the discharge monitoring reports, operator log books,conducted interviews
with the ORC and conducted a thorough review of the violation. In January, we noted
excessive debris (e.g. rags)to the plant that resulted in clogging of the equalization pumps
inhibiting forward flow through the plant. The pumps were pulled and cleaned and the
equalization basin was cleaned in order to remove debris and restore normal operation.
We have concluded that proper sampling techniques were utilized in collecting the samples.
The results of our investigation concluded the fecal exceedances most likely resulted from the
limited contact time between chlorination and dichlorination. As contact time is dependent on
the flow through the plant, contact time is shortened during higher flow periods. This would
explain the intermittent nature of the exceedances as the operator samples in order to obtain a
representative sample and does not selectively sample during lower flow periods.
Another important consideration is the unequitable permitting strategy employed by DEQ. As
I am sure you are aware,similar municipal permits are permitted based on a weekly average,
Fitch Creations Inc.
2000 Fearrington Village I Pittsboro,NC 27312 I P: 919.542.4000 I F:919.542.4020 I www.fearrington.com

while privately owned wastewater system are permitted based on a daily maximum. We
respectively request a rationale for the difference in permitting strategies between municipal
and privately-owned wastewater systems. The higher standard that privately-owned facilities
are held to is another reason for the violation.
By way of an update,Fearrington Utility and Old North State Water Company have filed a
petition with the North Carolina Utilities Commission requesting approval to transfer
Fearrington Utility to ONSWC. Currently,that application is pending approval. As part of this
filing,ONSWC has informed the NCUC that its proposed capital plan includes conversion of
Fearrington's WWTP to a lift station with flow being conveyed to an expanded Briar Chapel
WWTP with discharge via spray irrigation and discharge via the Fearrington NPDES permit.
ONSWC has been in conversation with the NPDES unit and believes that this concept is
acceptable to NC DEQ.
Currently,phase 1 of this project is under construction and phase 2 is currently being designed.
Phase 1 includes the construction of a pump station and forcemain located on the east side of
15-501 in or around the Andrews Store Road area back to the Briar Chapel WWTP. Phase 2
includes expansion and upgrade of the Briar Chapel WWTP to a Membrane Bioreactor WWTP
and conversion of the Fearrington WWTP to a lift station. At the same time,ONSWC is
constructing an effluent line back to the Fearrington WWTP to permit discharge via the
Fearrington NPDES permit.
We believe that additional action in this situation is not warranted as significant capital
investment is in the process of being made to develop and construct a regional facility capable
of serving this entire area.
In summary, to our knowledge there was no violation of water quality standards and operation
personnel were responsive and took immediate remedial action. We respectfully request that
the Division consider these efforts when deciding on the remission request.
Sincerely,
Adi
RB/Fitch
President,Fitch Creations, Inc., dba Fearrington Utilities
Cc: John Poteat,ORC
Heather Adams, Envirolink
Michael Myers, Envirolink

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
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IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Pitch Creations Inc D/D/A Fearrington Utilities )
Feani'ington Village«F )
)
PERMIT NO.NC0043559 ) CASE NO. LV-2015-0197
Having been assessed civil penalties totaling$287.78 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated August 10,201 ,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 Directorof 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 day of__ _ ,20 If
._ IGNATURE
ADDRESS
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TELEPHONE
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JUSTIFICATTION FOR REMISSION REQUEST
Case Number: LV-2018.0197 County: Chatham
Assessed Party: Fitch Creations Inc I JBIA Fearrington Utilities
Permit No.: NC0043559 Amount Assessed: $2$7.78
Please use this form when requesting remission of this civil penalty. Yciu 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 yoji 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.§14313-282.1(e),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 4 detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as heeded).
(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);
(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 npt been assessed civil penalties for any previous violations;
a ent of the civil penalty ' illprevent payment for the remaining necessaryremedial actions(i.e., explain
(e) payment '�' PYm
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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