NC0043532_Enforcement_20120830

Ait
NCDENR
North Carona Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P.E.
Governor Director
August 30, 2012
CERTIFIED MAIL 7010 0780 0000 5519 1659
RETURN RECEIPT REQUESTED
The Honorable Joyce Littie, .Ma
Town of Oakboro
109-A North Main Street
P.O. Box 610
Oakboro, North Carolina 28129
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations ofNC. General Statute
143-21,5.1(a)(6) and NPDES Permit No. NC0043532
Oakboro WWTP
Stanly County
Case No. L-M-,z, 23
Dear Mayor Little:
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of eiVii penalty in the amount
1 0 (250.00 civil penalty + $141,10 enforcement costs) against the Town of Oakboro:
This assessment is based. upon the following facts: A review has been conducted of 'the
self -monitoring data reported for May 2,012. This review has shown the subject facility to be in
violation of the discharge limitations and monitoring requirements found in NPDES Perinit No.
NC0043532. The violations are sum,marized in Attachment A to this letter.
of S3.
Based upon the above facts, I conclude as a matter of law that the the Town of Oakboro
violated the terns, conditions, or requirernents of NPDES Permit No. NC0043532 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A,
A civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(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 Environment and Natural Resources
and the Director of the Division of Water Quality', 1, Robert B. Krebs, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against the Town of Oakboro:
Mooresville Regional Office
Location: 610 East Center Ave Suite 301 Mooresvilie, NO 28115
Phones [phone] 1, Faxii (7041 663-6040 1 Custorner Service- 1-877-623-6748
Internet httpillportalinciderir ortipiNebiviiiq
One
.1\ orthCarolina
An Lie a) Opportunity Affirmative acrefre Employer - 30% Pacycfpfirt re% Potal C=Oft,S,,,Mler Peirelrf

250.00
0.00
0.00
For 1 of the one (1) violation of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0043532, by discharging waste
inio the waters of die State in violation of the permii weekly
average effluent limit for biological oxygen demand (BOD).
For of the one (1) violation of G.S. 143-215.1(a)(6)
and NPDFS Permit No. NC:0043532, by discharging waste
into the waters of the State in violation of the permit monthly
average effluent limit for BOD.
For _1_ of the one (1) failure to monitor for ammonia twice
per week in violation of the terms of NPDES Perrnit No.
\C43532.
250,00 TOTAL CIVIL PENALTY
141.10 Enforcement costs.
S 391..10 TOTAL AMOUNT 'E
Pursuant to G.S.1.43-215.6A(c), in determining the amount ot'the penalty 1. have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1.43B-
282.1(b), which are:
(1) -Fhe degree and extent of harm to the natural resources of the State, to the public healt
or to private property resulting from the violations;
(2) 'The duration and gravity of the violations;
(3) The effect on ground or surface water quantityor quaor n air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance:
(6) Whether the violations were committed 'willfully or intentionally;
(7) l'he prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) 'rhe cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should he made directly to the order of the Department of Fnvironment and
Natural Resources (do not include waiver form). 'Payment of the penalty will not foreclose
:further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Compliance/Enforcement LMit
Division of Water Quality

1617 Mail Service Center
Raleigh, North Carolina 2.7699-1617
OR
2, Submit a written request for rernission including a detailed justthcation 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 of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that
establisheswhy you believe the civil penalty should be remitted, and submit it to the Division of
Water Quality at the address listed below, In determining whether a remission request will he
approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-28
were wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abatedcontinuing enviromnental 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 remedial actions.
Please note that all information presented in support of your request tbr remission must
be submitted in writing. The Director of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response
will provide details regarding case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of
your request for rernission..
In order to request remission, you must complete and submit the enclosed "Waiver of
Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of
receipt of this notice. The Division of Water Quality also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should he submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality

1.617 Mail Service Center
Raleigh, North Carolina. 27699-1617
OR
File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a
petition for an administrative hearing. You may obtain the petition form. from. the Office of
Administrative Hearings. You must tile 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 Hearings during normal 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 for official state. holidays. The petition may be filed by facsimile (fax) or
electronic mailby an attached file (with restrictions) - provided the signed original, one (1) copy
and a tiling fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearingswithin seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions
regarding the filing fee and/or the details of the filing process. The mailing address and
telephone and fax numbers for the Office of .Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One copy of the petition must also be served on DENR. asfollows:
Mary Penny Thompson, General Counsel
DENR
1601. Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) n the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this
notice, as evidenced by an internal date/time 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 may be assessed for violations that occur after
the review period of this assessment. If the violations are of a continuing nature,notselated to
operation and. or maintenance 'problems, and you anticipate remedial construction activities, then
you may wish to consider applying for a Special Order by Consent. Ifypu have any questions

about s
Qualib Se
(Dat
y ss e t or cci I Order by t.:.on ettt pleas6e9e9ontabt the Water
tthe Ninores °idle Regional Office at 6.1
Robert B. reb
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
.lit
11ACT l s i`
e 1 1c�oresville Regional :e File w f ttt .cl
Raleigh Complianeeth rceznent Fite , :r'attachments
Central 1 1e r i attachments
(kit

Outfa Date
001 ,` 1 ®5/19
001
001.$0 - /2
d 1 5 (HMI x TT.
CAS NO. 6 -
0023
eter
D
Denote 3 c1 it penalty a a t zat
1 "[ of .b r° response to N(Yv 1 -1sM
rein r € by WW1) staff 'Mitigating 1a tors were f Ind that1tcd in a reduced e1
permit amount,
Reported Vapte
22.6 nw 1a
*
11,4 .rng/I
1 'week
Per 1 k t
. mg (Weekly a
9.0 mg/I (Monthly°
)1 dated August tst 10, 201

VSTATE OF NORTH CAROIw:INA
COUNTY OF S`I ANL
IN T'I°IE MATTER OF ASSESSMENYF
OF ('I II. PENALTY AGAINST
TOWN OF OAKBORO
PERMIT NO. NC0043332.
DEPARTMENDIt OF .,NVIR(. NM,ENT
AND NATURAL RESOURCES
WAIVER OF R.IGITT TO AN
1.DMPNISTRA `FIVE HEARING AND
STIPULATION OF FACTS
NO. FM-2012-002.3
Ilaving been assessed civil penalties totaling $391..10 for violation(s) as set forth in the
assessrn.ent document of the Division of Water Quality dated August 30, 2012, the undersigned;
desiring to seek remission of the civil penalties, 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. 1 he undersigned further understands that all evidence presented in.
support of remission of this civil penalty must be submitted to the Director of the ID)ivision of.
Water (;duality within 30 days of receipt of the notice of assessment. No new evidence in support
of a remission request will be allowed at`ter 30 days from the receipt of the notice of assessment.
This the
day of
.ADDRESS
EPHONE
BY
2012

JUSTLF!CAT!ONFOR REMISSION REOUFST
DWQ Case Number: LM-2012-0023
Assessed Party: Town of Oakhoro
County: Stanly
Permit Number: NC0043532
Amount Assessed: S391.10
Please use this form ‘vhen requesting reinisson of this civil penalty. You must also complete the
"Request .For Remission, Waiver of Right to an ,ddministrative Hearing„ and Stiodation of
;acts" iform 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
applies. 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, T43.B-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 pronvtly 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 viol.ation was inadvertent or a resift.tot an ccident (ie,. explain why the
violation was unavoidable or something you could not prevent or prepare fin).
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will eent avrnent for the remaingnecessary
remedial actions (i.e., explain how payment of the civil penalty will prevent ,youfrom perfOrming
the activities necessary to achieve compliance).
EXPLANATION: (use additiona pages as necessary)

NORTH CAROLINA DIVISION F WATER QUALITY
Violator: Town of Oakboro
Facility: Oakboro WWTP
County: Stanli
Case Number: LNI-2012-0
Permit Number: NC0043532
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
No harm has been documented; however, the discharge of elevated BOD concentrations can
result in decreased oxygen in the receiving stream as the BOD is broken down; this could cause
impacts to aquatic life,
2) The duration and gravity of the violation;
The BOD concentrations for the week ending May 19, 2012, included 62.7 mg/L, 16,1 mg/L, 7.7
mg/L, and 3,7 mg/L resulting in a weekly average of 22.6 mg/L exceeding the permit limit of
13.5 mg/L by 67%. Flow during this week ranged from 0.0107 MGD to 0,952 MGD, These
elevated results caused the monthly average concentration of 11,4 mg/L to exceed the permit
limit of 9.0 mg/L by 27.1%. Ammonia nitrogen was not monitored twice during the week ending
May 26, 2012
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Ammonia -nitrogen and BOD are treated as in -
stream toxicants by the State of North Carolina. Ammonia and BOD are oxygen -consuming
wastes and therefore increased concentrations could reduce the amount of oxygen available to
aquatic organisms. Fecal coliform is an indicator species for possible pathogens and increased
levels can signal human health hazards. Increased suspended solids (turbidity) increase the
water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also
reduce the amount of natural sunlight that penetrates through the water, further decreasing
oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging
their gills, lowering their resistance to disease, and smothering their eggs. Residual chlorine
reacts with organic matter in water and creates disinfection by-products (trihalomethanes,
haloacetic acids, etc.), which are toxic to both humans and aquatic organisms.
4) 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 Quality has no evidence that 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
There have been 13 previous CPAs for the Oakboro WWTP with no CPAs issued in the past 12
months,
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $14110,
Robert b, Krebs, kegionai Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(
R
VIOLATIONS for:
Report Date 08/08/12
Page: 3 of 4
PERMIT: NC
FAC TY: Daniel Jonathan Stowe Conservancy - Daniel Stowe
Botanical Garden WTP
COUNTY: Gaston
REGION: Mooresville
it Vtolati
MONIT RING OUTFALL
RERT FP LOC TION ppa
0
) 2
001
Effl
nt pH
ETER
400TION
BATE FREQUEN
411/12 2 X month
UNIT OF
MEASURE
SU
LIMIT
6 0,2
CULATED
VALUE % 0ER LIMIT VIOLA
N TYPE VIOLATI ACTION
'36,67 Daily Minim Not Reached None
PER T: NC0084387
FACILITY: arlotte Meckleurg Utility Depa
kes WTP
e S.
COUNTY: Mec enb
REGION: Mooresville
it Violation
7:2„ - •
MONITOR
REPO
OUTFALL
PP1
05-2 2 001
ATION PARAMETER
ni Monne, T
2012 001 affluent pH
Residual
VIOLATION
DATE FREQUENCY
05/08/12 Weekly
05/08/12 Weekly
4T OF
ASURE
ug/t
su
CALCULATED
T VALUE % OVE
186
4.26
2
T VIO ATION TYPE VIOLATION/ACTION
Daily imum Exceeded None
Daily Mnm Not Reached
PERMIT: NC0043532
Ci TY: Town of Oakboro -
P COUNTY: Stanly
REGION: Mooresville
Limit Violation r '''' .*" ' :"'c. ''' ', , ", ' ! , V V — N i.
MONITORING OUTFALL / VIOLATION UN/1 " OF
MEASURE CALCULATED
REPORT PPI LOCATION PARAMETER DATE LIMIT VALUE . % OVER LIMO VIOLATION TYPE VIOLATION ACTION
FREQUENCY
/
05 -2012 002 Effluent BOD, 5-Day (20 Deg,. C) - mg/I 13.5 'it 22.55 n" 6717
,04 Weekly Average Exceeded None
Concentration 05/19/12 3 Si,': week
05-2012 002 Effluent BOD, 5-Day (20 Deg,. C) 05/31/12 3 X week mg/I 9 \./ 11,441 27 11 Monthly Average Exceeded None
Concentration