NC0033421_Enforcement_20140616

NCDENR
North Carolina Department of Environment and Natural Reno
Pat McCrory
Governor
June 16, 2014
CIFIRTIFtED MAIL 7010 0290 0000 4565 2292
RETURN RECEIPT RE tilESTED
N,tjr. Nytartin Lashua
carn , fina Water Service InC, of"` orth Carolina
'P.O. Box 240908
Charlotte, North Carolina 28224
FILLiF,',,
irces
John E, Skvarla, III
Secretary
SUBJECT: Notice, of Violation and Assessment of Civil Penalty for
Violations of N,C, Cieneral Statute 143-215,1(a)(6) and
NPDES Permit No. NCO033421
College Park WW'fP
Gaston County,
Case No. LM-2014-001 I
Dear Mr. Lashua:
This letter transmits a Notice of ViOlationand asseSSrueut OfCiVil PeMllty 1 '11 the amount of
$34922 ($200,00 civil Penalty --,- $149.22 enforcement costs) against Carolina Water Service Inc,
of North Carolina:
-fhis assessment is based upon the following facts, A review has been conducted of the self -
monitoring data reported for December 2013This review has shown the suh�ject facility to be in
violation of the discharge limitations and monitoring requirements found in NPDES Permit No.
NCO033421 . The violations pare surnniarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Carolina Water Service Inc. Of
North Carolina violated the terms, conditions, or requirements of PDES Pen -nit No. NC0033421
and North Carolina General Statute (G.S.) 1.43-215.1(a)(6) in the manner and extent shown in
Attaclurient A' A civil PenaltY may be assessed in accordance with the maximums established by
G,S. 143-21,5.6A(a)(2),
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Envirownent and, Natural Resources and the
Director of the Division of Water Resources,,
Michael L. Parker, Water Quality Regional
Operations ection, Regional Supervisor
for the Ntooresville Region, hereby make the following
S
civil penalty assessment against Carolina Water Service Inc, of North Carolina:
M,�ores,d4 ana� Office
LOG00fl k110 Last Center Ave Moaresvihe, NC 28115
Diom '%Fax: (,704) 663-6040 k GUSIOnlerSU'Vi(,'p,� 1�8,77-623-6748
Nemet: hP
r F,p - JA CT)vm rv

__114
For 2of the two (2) violation(s) of G.S, 143 -
215, 1 �a)(6) and PDES Permit No. NCO033421, by
discharging waste into the vvaters of the State in violation
of the permit daily niaxinivai effluent limit for fcal
colitortri.
0�00 For J. . of the one(l) failure to monitor for temperature in
violation of the terms of N PDES Pennit No. NC3' )4"I .
2ft00 TOTAL CIVIL PENALTY
Enforcement costs
349.2'� TOTAL AM1013NNI'DUE
Pursuant to G.S143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Faw and the factors set forth at G,S. 14313-
282, 1 (b), which are,;
o) 'rhe degree Lind extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations,
(3) The effect on ground or surface water quantity or quality or oil air quality,;
(4) The cost of rectifying the damage-,
(5) The amount of money saved by noncom, compliance
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the followmg�
I. Submit payment of the penalty -
payment should be made directly to the order of the Department of Environment -and Natural
Resources (do not include waiver-ft,)rnT), payment of the penalty will notforeclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the -attention of:
Wastewater Branch/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such
request:

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 penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy ofany of tactual statements contain the civil penalty aisessinent
ined I
document, Because a remission request forecioses the option of an administrative hearing, such
arequest must be accompanied by a we of your tight to an administrative hearing and a
stipulation, that no filCtUal or legal issues are in dispute. Please prepare a detailed statern, ent that
establishes why you believe the civil penalty, should be remitted, and submit it to the Division of
Water Resourcesat the address listed below. In determining whether a remission request wilt be
approved, the following factors shall be considered:
(1) 'whether one or more ofthe civil penalty assessment factors in G.S. 14313-2811 (b)
were, wrongfully applied to the detriment of the petitioner,
(2) whether the violator promptly abated continuing environmental damage resulting
from the violation-,
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;
or
(5) whether payment of the civil penalty will prevent payment for the remaining
necessary rerriedial actions
Please note that all int`carmation presented in SUPPOTt of your request for remission must be
subirritted in writing. The Director of the Division of Water Resources will review Your
and infortri you of his decision in the matter of your reirlissron request. 'The response
will provide details regarding case status, directions for payment, and provision for further
appeal of tire penalty to the Environmental Management Commission's C(-,)mmittee on Civil
Penalty Remissions (Committee), Please be advised that the Committee cannot consider
information that was not part of the original rernission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support Of
your request for remission.
In order to request rernission, you must complete and submit the enclosed "Waiver of Right to an
Administrative Hearing and Stipulation offsets" forni within thirty (30) days of receipt of this
notice. The DiViSiOu of Water Resources also requests that you complete and submit the
enclosed �Ijustification for Remission Request," Both forms should be submitted to the
following address:
Wastewater BranchlEnforcernent Unit
Division of Water Resources
1617 l4,,Iail ;en ice Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative, hearing with the Office of Administrative
licarings-.

If you wish to contest any statement in the attached assessnient. document you mustfile a petition
for an administrative hearing. You may obtain the petition, form from the Office of
Administrative Hearings. YOU, Must file, the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received
in the Office of Administrative 1- learings during non-nal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except fur official, state holidays. The petition may be filed byfacsintile (fax) or
electronic niail by an attached file (widi restrictions) - provided the signed original, one (1) copy
and a filing fee (ifa filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic
transmission, You should contact the Office of Administrative Flearings with all questions
regarding the filing fee anct/or the details of the filing process. The mailing address and
telephorle and, fax numbers for the Office of Adininistrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
T& [phone]-, Fax, (919) 431-3 100
One (1) copy of the petition must also be served on DFNR as follows:
Lacv Presnell, General Counsel
if R
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Fai [tire to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an, internal, dateitime received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil
action.
Please be advised that additional penalties inay, be assessed for violations that occur after the
review period of this assessment. If you have any questions about this civil penalty assessment
please contact the Water Quality Regional Operations Section staff of the Mooresville Regional
Office at [phone].
{ --, ete-
c,
ichael L. Parker. Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCI ENR
ATTACHMENITS
cc: Tvlooresville Regional Office Compliance File vv/ attachments
Raleigh Cornpliance/Friforcement File w/ attachments
Central Files (MSC 1617-basemeriti) wi attachments

V,--
STATE OF NORTH CAROLIN A DEPARTMENTT OF ENVIRONMENT
AND NATI11"RAL RESOURCES
COUNTY OF GASTON
INATIE, MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENNALLY AGAINTST : DMIN71SI'Rt'�-f'IVI--'HEAfG AND
CAROLINA WATER SERVICE ENC. OF STIPULATION OF FAC"rs
NORTH CAROUNA
PERMIT NO, NCO033 421
FILE NO, LM-2014-0011
Having been assessed civil penalties totaling $349.22 for violation(s) is set fbrth in the
assessment document of the Division of Water Resources dated June 16 2014, the' Undg ersined,
eek desiring to sremission of the civil penalties, does hereby waivean the right to administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. 'rhe undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director ol'the Division of
Water Resources within 30 days of receipt of the notice of assessment. No new evidence in
support of as remission request will be allowed after 30 days frorn the receipt of the notice of
assessment.

JUSTIFICATIONI r °II I Irk ICE QU
TS
I 'R Case Number, l..M-2014-0 1
Assessed Party: Carolina Water Service Inc. of la rth Carolina
County: Gaston
Permit Number- CO033 21.
Amount assessed. 3 9.1
Please use this f rin when requesting remission of this civil penalty. You must also complete the
ca nest or~ Remission, �t� mart r �� `—ht to an ��t� tt�inistrativ e4t:iR � (1M eta aar t��ar� (a "
Eaa°ts " 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 assure 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 renussion is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy{ of any of the factual statements
cr,rrtained in, the civil penalty assessment doc:urtrent, Pursuant to ,C. 3. . § I tf- 2.1(c)
ren ission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check erah factor that you believe applies to your ease and provide a detailed
explanation, including copies of supporting documents, as to Nvhy the factor applies (attach
additional pages as needed)
(a)one or more the civifl n Ity assessment act rs_ r� ' . -ti.S, 1 82-1 1a
sye vv r ra t'rtlls, a li tp t e l tT ntent. oaf` t ie etitioner (the �t.�°.�°esstrient.t�actor£"s re listed in
...
the civil peruzlty assessment document);
i.b the vi lator rnt�rr ptl x abated c ntinu n aay) mri tal da- rnajg r ui mg roan the
violation (i.e., explain the stela"s that you took to correct than violation and prevent jiiiure
ic,' the violation was inadvertent or a result of an accident i.e., explain rr by the
violation was a. naa oickible or ornethingyou could notprevent or pre arr a,(br):
(d) the. violator had not been assessed vii perngltie or° arr r NjL syit�l ti��r��R
(e) pMMgRL of the t ryi]._penaltv ln ill re F rat payinq t mar°m the rrema rrirN ecessary
remedial actions O.., explain howpca�mentoj'the civil penally will prevent r"cruftom perfic)r#min
the activities rrecessrai v to achieve compliance).
EXPLANATION: (use additionalpages as necessary)

Violator: Carolina Water Service Inc. of Nortth Carolina
Facility: Coll
Li-em 1�—Pqrrk-)Kwl
County: Gaston
Case Number- LM-2014-0011
Permit Number: NCO033421
The degree and extent of harm to the natural resources of the State, to the public health, or
to private propertyresulting from the violation;
2) The duration and gravity of the violation;
The fecal coliform concentration was 600 CFU/100 mL and 750 CFU/100 mL on December 5th
and December 18th, which exceeded the daily maximum permit limit of 400 CFU/100 mL by
50% and 87.5% respectively,
I
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Fecal coliform is an indicator species for
possible pathogens and increased levels can signal human health hazards,
The cost of rectifying the damage;
The cost is unknown,
5) 'The amount of;'money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were committed willfully or
intentionally. The per mittee's response to NOV- 2014-LM-001 5 did not provide a cause for the
violations,
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
There have been three previous CPAs for the College Park WWTP during the life of the permit'
one CPAs issued in the past 12 months.

ase Numb- r 7 Description
T-201 �l 1 .. _ 7 m4 LV for fecal coliformand TSB It
8 The cast to the State of the enforcement procedures..
The cost to the Division of Water Resources is $149.22,
C>—Micth�a�elL Parker., egionalSupervisor
Water Quality Regional Operations Section
Division of rater Resources, NC E R

PERMIT, NCO021181
FACILITY: City of Belmont - Belmont WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
CAJ; ;)41 C3"
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE %, OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
12-2013 001
Efiluent Chlodne, Total Residual 12112113 5X"meek
ug/I
28-N/
85 5 N/ 205,36
Daily Maximum Exceeded None
PERMIT: NCO025861
FACILITY: City of Lowell - Lowell WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
sj,�k- i-u-
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PIN
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
12 «2013 001
Effluent Solids, Total Suspended 12/28/13 3 X week
mg/l
45"y/
53"J" 17,78
Weekly Average Exceeded None
Concentration
PERMIT- NCO03342i PAMLITY: ta"naW4terSer%d(*Im*fNodhCamflna-C606§p
Park WWTP
�Q)r
Limit Violation
TrI
MONITORING
REPORT
OUTFALL I
Rol
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE % OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12-2013
001
Effluent
Coliform, Fecal MF, M.-FC
12/05113
Weekly
#1100ml
400 4"600 50
Daily Maximum Exceeded
None
Broth,44.5C
12 a2013
001
Effluent
Coliform, Fecal MF, M-FC
12/18113
Weekly
#/1001ml
400 750 87.5
Dairy Maximum Exceeded
None
oo
Broth,44.5C
1
t,n
f(�A�rit
,

•• .*
* .
• DMR
Comments:•
Information:
Final Penalty
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