NC0043532_Enforcement_20150924

Pat McCrory
Governor
North Carolina Department of Environmental Quality
September 24, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3656
RETURN RECEIPT REQUESTED
Ms. Donna L Davis, Utilities Director
Stanly County Utilities
1000 North First Street, Suite 10
Albemarle, NC 28001
4heak,A,
Donald van der Vaart
St JECT: Notice of Violation and Assessment of Civil.
Penalty for Violations of N.C. General Statute
143-21.5.1(a)(6) and NPDES Permit. No. NC0043532
West Stanly WWTP
Stanly County
Case No. IN-2015-0225
Dear Ms. Davis
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2146.97 (S2000 civil penalty $146.97 enforcement costs) against the Stanly County Utilities.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for June 2015..This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0043532. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Stanly County Utilities
violated the te.mis, conditions, or requirements of NPDES Permit No, NC0043532 and North Carolina
General Statute (G.S.) 143-21.5.1(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. 1.43-215.6A.(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 Environmental Quality and the Director of the
Division of Water Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville Region,
hereby make the following civil penalty assessment against the Stanly County Utilities:
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] \ Internet: www.ncdentgov
An Equal Opportuntly \ Affirmative Action Employer - Made In purl by recycled paper

250.00
0.00
750.00
1000.00
For 1 of the one (1) violation of G.S„ 143-215.1(a)(6) and
NPDES Permit No, NC0043532, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for BOD.
For 1 of the one (1) violation of G.S. 143-215.1 (a)(6) and
NPDES Permit No. NC0043532, by discharging waste into the
waters of the State in violation of the permit daily minimum
effluent limit for DO.
For 3 of the four (4) violations of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0043532, by discharging waste into
the waters of the State in violation of the permit weekly average
effluent limit for ammonia.
Forl of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Pm -lit No. NC0043532, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
L. 2000.00 TOTAL CIVIL PENALTY
146.97 Enforcement costs
2146.97 TOTAL AMOUNT DUE
Pursuant to G.S. 143-2-15.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violations were committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
The 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 be made directly to the order of the Department of Environmental Quality (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:
Wastewater Branch
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
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 establishes why you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shall be
considered:
whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from
the violation;
whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; or
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 for remission must be
submitted in writing. The Director of the Division of Water Resources 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 remission.
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 Resources also requests that you complete and submit the enclosed
"justification for Remission Request." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearing with the Office of Administ 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 file the petition with the Office of Administrative Hearings
within thirty (30) days of receipt ofthis 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 mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS §150B-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 Hearings with all questions regarding the filing fee and/or the details of the.
fihing 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 (1) copy of the petition must also be served on DENQ as follows:
Mr. Sam M. Hayes, General Counsel
DENQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on 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 ma 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
staff in the Mooresville Regional Office at [phone].
(Date)
2-24
ATTACHMENTS
(1, Michael I,. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc-, Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File wi attachments
Central Files Yvi attachments

ATTACHMENT
CASE NO.LV-2015-0225
Outfail t _ Parameter t rted Valu
001 week ending / / 1 ROD 17.63 mg/4
001 6/15/2015 DO 4.81m /1
001 week ending 6/6/2015 Ammonia 17.67 mg/1*
001 Week ending a ^`1 / 15 Ammonia 14.33 mg/1*
001 week ending a 0/ 015 monia 10.9 mg/1*
001 wreck ending //2015 =Ionia 10.3mg/1
01 +/0^"15 Ammonia 1?.4 mg11*
Perr
LiB
t
3.5 mg/1 (Weekly Average)
Daily Minimum)
9 m/1(Weekly Average)
9 mg/1 (Weekly Average)
9 m./1(Weekly Average)
9 mg/1 (Wee ly Average)
3 mg/1 (Monthly Average)
Denotes eivil penalty assessment
Stanly County Utilities response to - 015- VM560 received on September 18, 2015
was reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil
penalty amount.

STATE OF NORTH CARO A
COUNTY F STANLY
IN TFTE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
STANLY COUNTY UTILITIES
PERMIT NU ER NE0043532
DEPARTMENT T ENT F ENVI .ON IE IT AL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING I
STIPULATION OF FACTS
FI
NO, I V- 1 -0225
Having been assessed civil penalties totaling S2146.97.for violation(s) as set forth in the,
assessment document of the Division of Water Resources dated September 24, 2015, 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. The undersigned er 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 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 2015
ADD SS
BY
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0225
Assessed Party: Stanly County Utilities
County: Stanly
Permit Number: NC0043532
Amount Assessed: $2146.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remissionr Waiver of Ri ht to an Administrative Hearing and Stipulation ot 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 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 civi mat a sessment, factors, in N.C.G.S. 1,4; 13-782. e
wrongfully applied to the detriment of the petitioner (the assessmentlisted
in the civil penah),,, 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 (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 civilpenalty will prevent you from performing
the activities necessary to achieve compiiance)
EXPLANATION: (use additional pages as necessa

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator:
Facility:
Coun
Case Number:
Permit Number:
Stanly County Utilities
Stanly West WWTP
Stanly
LV-2015-0225
NC0043532
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;
2) The duration and gravity of the violation;
The BOD weekly average effluent limit violation exceeded the permit limit by 30.6%. The ammonia
weekly average effluent limit violations were exceeded the permit limit by 96.3%, 59.3%, and 21.1%.
The Ammonia monthly average permit limit violation was exceeded by 311.3% during the month of
June 2015.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. BOD is an oxygen -consuming waste and therefore
increased concentrations could reduce the amount of oxygen available to aquatic organisms.
Ammonia -nitrogen is treated as an in -stream toxicant by the State of North Carolina because ammonia
is an oxygen -consuming waste and increased concentrations could reduce the amount of oxygen
available to 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 Resources has no evidence that the violations were committed willfuiiv 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;
There have been 14 previous CPAs for the West Stanly WWTP, with the last CPA issued on August 1,
2011, for BOD, TSS and ammonia, violations that occurred in April 2011.

8) The cost to the State of the enforcement procedures.
The Bost to the Division of Water Resources is $146.97.
ehu l L. Parker, Regional Su evisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

Pat McCrory
Governor
or h Carolina Department of Environmental Quality
Mr. Donna 1,. Davis„ Director
Stanley County
1000 N. First Street, Suite 12
Albeinarle, NC 28001
Dear Mr, Davis:
October 15, 2015
Donald R. van der Vaart
Recdtv§t8ST'XYdvidwR
11P1
••• ••••• • • • •• • • •-• • - • • -
fii0011111i8VIL11E1FIESIONAL.•101111FIGEz
Subject: Remission Request of Civil Penalty Assessment
West Stanly WWII?
NPDES Permit NC0043532
Case Number EV-2015-0225
. -County
This letter is to acknowledge your request lOr remission of the civil penalty levied against the subject
facility. Your request will be scheduled ter review by the Director and you will be notified of the result.
If you have any questions about. this matter, please contact Inc at [phone] or Vi a e-mail at
derek,[e-mail].
cc: Enforcement File :iv/originals
Central Files 'iv/attachments
Sincerely,
Derek C. Dertard, Enviromnental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
Mooresville Regional Office NY/attachments
1617 Mali Seoece Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ intemet: mew nowaterquaity,arg
An Equal Opportunity Affirmatye Action Employer -- Marie in part by recycled paper

STANLY COUNTY
NORTH CAROLINA
Wate,-. p4, Cod, Samear,
CERTIFIED MAIL 7002 2030 0004 7198 1008
RETURN RECEIPT REQUESTED
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject:
October 2, 2015
Remission Request
West Stanly WWTP
Permit: No, NC0043532
Stanly County
Case No, LV-2015-0225
RECEIVEDIDEWRIOWR
OCT 1 2 2015
Water Quality
Permitting Seaon
Dear Compliance, Officer:
Thc West Stanly WWTP (Stanly County Utilities.) wou1d like to request remission of the civil penalty
assessed related to ININ-2015-0225 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant.
Starting in June 2015, the West Stant), WWTP hired a new ORC. This plant has a difficult history under
its previous owner, the Town of Oakboro as well during the course of the past 17 month in which Stanly
County has owned and operated the plant. This plant has over the years experienced a great deal of
deferred maintenance and is currently functioning nowhere near it optimized capability. The new ORC
and the Utilities Director have been tasked with addressing all the issues and remediating the plant
facility. The new ORC made some operational changes that he hoped would generate an immediate
improvement in plant performance. Unfortunately some of these changes were miscalculations and
resulted in higher ammonia and BOD levels and lower DO during the month of June than permitted for
this facility. The ORC immediately made corrections, The BOD and DO were corrected very quickly
however, it took several weeks for the Ammonia levels to return to normal.
Stanly County Utilities is working very hard to make the necessary improvements to the West Stanly
WWTP. As ofJune 2015, the County has obtained loan funding of more than $2.6 million from the
Clean Water State Revolving Fund to perform comprehensive rehabilitation of the plant. Therefore we
respectfully, request remission of the civil penalty so that the money saved can be used to make
improvements to the plant infrastructure and to optimize the treatment process.
If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
Donna L. Davis, Director
Stanly County Utilities
Pj 7049863686
FI 704.9863711
v
Stanly County Utilities
1000 M. First Street, Suite 12, Albemarle, NC 28001

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSEESSMENT
C)F CIVIL PENALTY AGAINST
STANI,Y COUNTY UTILITIES
PER:MI`I' NUMBER NC0043532
DEPARTMENT OF ENV IRN1!»^I:LN'I'AL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
E NO. LV-2015-0225
Having been assessed civil penalties totaling $2146.97 for violations) as set forth in the
assessment document of the Division of Water Rests urces dated September 24, 2015, 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. The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the I)ivision of Water Resources within 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 _._._.... a. day of Ockber
ADDRESS
\ itoe ro r I
TELEPHONE
qo q
BY
2015

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0225
Assessed Party: Stanly County Utilities
County: Stanly
Permit Number: NC0043532
Amount Assessed: $2146.97
Please use this forrn when requesting iremission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearin • and Stipulation of Facts"
.formto request remission of this civil penalty. You should attach any documents that you believe
supportyour 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. § 143fl-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).
one or more of the civil penalty assessment factors in N.CG.S, 143B-28 b
wrongfully applied. to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
• 'ere
(b) the violator promptly abated continuing environmental d.a.mage resulting from the
violation (ie, explain the steps that you took to correct the violation andprevent
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 fbr);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment. of the civil nalt • vi ven ent for th.e necess• rem dial
actions (i.e.., explain how payment o the civil penalty will prevent. you „from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additionai pages as necessary)

UAW COUNTY
NORTH CAROLINA
144410, Ai-, &rd. &wow,
CERTIFIED MAIL 7002 2030 0004 7198 1008
RETURN RECEIPT REQUESTED
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject:
October 2, 2015
Remission Request
West Stanly WWTP
Permit No. NC0043532
Stanly County
Case No, LV-2015-0225
RECEIVEDIDENRONR
OCT 2 2015
Water Quaity
Permitting semon
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to LV LV-2015-0225 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant.
Starting in June 2015, the West Stanly WWTP hired a new ORC. This plant has a difficult history under
its previous owner, the Town of Oakboro as well during the course of the past 17 month in which Stanly
County has owned and operated the plant. This plant has over the years experienced a great deal of
deferred maintenance and is currently functioning nowhere near it optimized capability. The new ORC
and the Utilities Director have been tasked with addressing all the issues and remediating the plant
facility. The new ORC made some operational changes that he hoped would generate an immediate
improvement in plant performance. Unfortunately some of these changes were miscalculations and
resulted in higher ammonia and BOD levels and lower DO during the month oflune than permitted for
this facility. The ORC immediately made corrections. The BOD and DO were corrected very quickly
however, it took several weeks for the Ammonia levels to return to normal.
Stanly County Utilities is working very hard to make the necessary improvements to the West Stanly
WWTP. As of June 2015, the County has obtained loan funding of more than $2.6 million from the
Clean Water State Revolving Fund to perform comprehensive rehabilitation of the plant. Therefore we
respectfully, request remission of the civil penalty so that the money saved can be used to make
improvements to the plant infrastructure and to optimize the treatment process.
lf there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
c2144.A.
Donna L. Davis, Director
Stanly County Utilities
PI 704.986.3686
FI 704,986.3711
ww,v.stantycciuntync,gov
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
STANLY COUNTY UTILITIES
PERMIT NUMBER NC0043532
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2015-0225
Having been assessed civil penalties totaling $2146.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 24, 2015, 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, 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 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
of
day of
ADDRESS
s
Mtoenutric MC pot
TELEPHONE
golf — 8 (0 3coq

JUSTIFICATION FOR REMISSION REOUEST
DWR Case Number: 1N-2015-0225
Assessed Party: Stanly County Utilities
County: Stanly
Permit Number: NC0043532
Amount Assessed: $2146.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reguest 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 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 ore of the civiLpenaltv assessment factors in N.C.G.S. 14 B-282.1
wrongfully applied to the detriment of the petitioner (the assessment factors are 1isied
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);
vt/ (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 (L e , explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

North Carolina Department o Environmental Quality
Pat McCrory
Governor
November 3, 2015
CERTIFIED MIL 701.3 2630 0001 8998 2854
RETURN RECEIPT REQUESTED
Mr. Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
Dear lr. Davis:
Donald R. van der Vaart
Secretary
Subject:: Concerning Your Request to Remit C:i }il. Pena
Case: LV-2015-0225
for'West Stanly WWTP
NPDEtiS Permit NC0043532
Stanly County
In accord at ce with North Carolina Genera! Statute 1.43-215.6A(f), the Director of the North. Carolina
Division of Water Resources (the Director) h.as considered the information you submitted in support of
your request to remit civil penalties assessed in the subject cases. The subject penalty -assessment case
totals $2,146.97 (including investigative costs of $146.97),
The Director has granted partial remission for this case, 25% of assessed penalties, excluding
investigative costs. This resolves to a total amount due of $1,646,97 I$2,000.00 civil penalty „,,. ..,a
(25% reduction) ± $146.97 enforcement costs = $1,646.97). We have attached a copy of the Director's
decisions summary.
Two opt]
!able to you at this stage of the remi
1) You may pay this balance.
on process:
If you decide to pay the penalty, please make your check p avable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days ofreceiving this letter, to the
attention of:
Ms, Wren Tedford
NCDEQ/DWR/WQ Penaltting Section.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N, Salisbury S. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919,607-6492 l Customer Service: 1-877-623-6748
Internet.:nrww.ncwaterquallty.org
tI'E.CEIVED/NODENR/DWR
WQROS
MOORESVIt,LE REGIONAL OFFICE
?� Equal Opportunity 4 Affirmative Action Employer

You may request the EnvironmentalManagement Commission's (EMC's) Committee on Civil
Penalty Remissions (the Committee) to make a final decision on your remission request
considering your additional oral input, as warranted.
if payments do not begin within 30 calendar days from your receipt of this letter, or if you miss an
interim payment in violation of the schedule, your current request for remission with supporting
documents and the Director's attached recommendation will be delivered to the Committee on Civil
Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee„ you must complete and return
the attached Request' fiv Oral Presentation Form 'within thirty (30) calendar days of receipt of this letter
(see attached case -specific Requests). Send the completed form to:
Ms. Wren Thedford
NCDEQ/DW.R/WQ Permitting Section
1617 Mail Service Center
Raleigh., North Carolina 27699-1617
If you make such request(s), the .EMC Chairman will review the supporting documents and your request
for an oral presentation. if in his/her judgment the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If a presentation
is not required, the final decision \yin be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. "Fherefore„ the EIVIC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be thriller remitted.
Thank you fOr your cooperation in this matter. If you have any questions, please contact Derek Denard
at. derek.denardAnedenr.gov or call 91.9-807-6307.
Attachments
cc: MRO Andrew Pinter, DWR-WQR.0
Enforcement File
DWR. Central File
=2717
in Hennessy, Supervisor „
.7,ompliatice and Expedite

DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number: LV-2015-022 Region: Mooresville County: St1
Assessed Entity:
Iy County: West Stanly WWTP Permit No.: NC0043532
Assessment Factors
li (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitio.ner: NOT ASSERTED — Not Applicable.
(b) Whether the violator promptly abated continuing cn ironwental damage resulting from the
'violation: NOT ASSERTED — Not .Applicable.
(c) Whether the violation was inadvertent or a result ofan accident:
NOT ASSERTED — Not Applicable.
IZ on .Whether the violator had been assessed civil penalties for any previous violations:
Stanly County asserted that the plant has a difficult historyunder the previous owner (the Town of
.0akboro) and during the course of the past 17 months in which they have operated the plant.
Notes: The Division has issued five previous enforcements on this WWTP (tinder previous owner
Town of Oakboro) for limit violations during the past free years.
Ei (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Stanly County submitted an application to the Clean Water State Revolving Fund (CWSRF) for
improvements. to the West Stanly WWIP. CWSKE submitted a Letter of Intent to Fund on June 3,
2015 f'or the total loan amount of $2,648,849 at an interest rate of 0%. 'file intent to fund is contingent
on the loan approval through the Local Government Commission and on meeting milestone dates that
includes the initiation of construction by June 1, 2017.
Notes: The Stanly County/West Stanly WWTP reported a total of seven effluent limit violations
during June 2015. 'These violations include: five Weekly average (1-BOD and 4-ammonia); a daily
minimum dissolved oxygen; and a monthly average ammonia. A NOV/NRE (NOV-20 1.5-1_,V-
0560) for the limit violations was issued on August 28, 2015 and the County's response was
received on September 18, 2015, The civil penalty assessment (Case No. IN-2015-0225) was
issued on September 24, 2015.
The County noted on their remission request that the -violations were attributed to the miscalculations of
the new ORC (as ofjune 2015) while attempting to implement operational changes. DWR staff
provided technical assistance to the ORC on July 9, 2.015 at the request of the County. The WWTP
returned to compliance as no violations were reported in the July 2015 DMR.
Although the limit violations were attributed to [he miscalculations of the ORC and were corrected by
operational adjustments, there is a .migrating factor in support of partial remission due to the County's
pursuit via CWSRE loan for improvements to the WWTP and sewer system.
_,..., DECISION (Cheek One)
Request Denied. El
Full Remission E] Retain Enforce r Cost? Yes El No Ei
X $ 0 (Enter A tit)
Partial Remiss„ion
Rev, 111,1t)116
Zimmerman. Director Date

STATE OF NORTH CAR.OLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF STANLY
IN THE MATTER. OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
STANLY COUNTY UTILITIES
WEST STANLY WWT.P
DWR Case Number LV-2015-0225
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty.
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the tbhol,ving statements:
This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied,
.Making a presentation will require the presence of myself andlor my representative during a Committee mee
North Carolina.
11 Ka
My presentation will he limited to discussion of issues and information submitted in my original remission request, and 'because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized. Practice of Law Committee has ruled that, the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity lin you or a business or governmental entity. If you or your
representative would Iike to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter,
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www,ncbar,com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 For
Ethics Opinion 3,
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another indixidual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in ord.er to avoid violating the State Bar's Opinion on the unauthorized practice of law..
• If you are a corporation, partnership o-r municipality and are granted an opportunity —to make an oral presentation before the
Committee., then your representative must consider the recent State Bar's Opinion and could be consideredpracticing. law
ithout a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is -permissible,
lf you choose to request an oral presentation, please make sure that signatures on the previously submitted Rernission. Request l'orm
and this Oral Presentation ;Request form are: l ) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who wou'IcLnot violate the State Bar's Opinion on the unauthorized practice of
law,
Also, be advised that the Com.mittee on Civil Penalty Remissions may choose not to proceed with hearing your case lithe Commit ee
is informed that a .potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNKPURE
TITLE (President, Owner, etc,
ADDRESS
TELEPHONE ( j

North Carolinarnent o Environmenta Qua
t Mro y
Governor
D Renard
Bell
ORANDUM
THROUGH: A. Pitner, At. Regional Supervisor
DATE: October 26, 2015
Donald won der Vaart
Secretary
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0043532
tanly County. et ta.*
Stanly County
Case Number L.V- O15 O225
The County attributed the limit violations to the miscalculations of the new ORC while attempting to
implement new operational changes. Although the limit violations were attributed to these actions, this
Office would be in support of a ° penalty reduction due to the ounty's pursuit of a Clean Water
State Revolving Fund loan ($2,648,849 total amount) for improvements to the P and sewer
system.
Region "3rtic
Location: 610 Fast tenter Ass. 6u to30t.
Phone: [phone] V. (704) 663..601 uste rta
www nswaterquahtstutg
e N3 2
An tqu tI y n usraty `t A' Data 4.e6011 Employer - 506 Rt cycle i t 10
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7-623 748
4

DWR CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2015-0225 Region: Mooresville
County: Stanly
Assessed Entity: Stanly County - West Stanly WWTP Permit: NC0043532
(d) Whether the violator had not been assessed civil penalties for any previous violations
The Division has issued five previous enforcements on this WWTP (under previous owner — Town of Oakboro)
for limit violations during the past five years.
Whether payment of civil penalty will prevent payment for the remaining necessary remedial actions
Stanly County :submitted an application to the Clean Water State Revolving Fund (CWSRF) for improvements to
the West Stanly WWTP, CWSRF submitted a Letter of lntent to Fund on June 3, 2015 for the total loan amount
of $2,648,849 at an interest rate of 0%. The intent to fund is contingent on the loan approval through the Local
Government Commission and on meeting milestone dates that includes the initiation of construction by June 1,,
2017.
The Stanly County/West Stanly WWTP reported a total of seven effluent limit violations during June 2015.
These violations include: five weekly average (1-BOD and 4-ammonia); a daily minimum dissolved oxygen; and a
monthly average ammonia. A NOWNRE (NOV-2015-LV-0560) for the limit violations was issued on August 28,
2015 and the County's response was received on September 18, 2015. The civil penalty assessment (Case No.
LV-2015-0225) was issued on September 24, 2015.
DWR issued penalties for five of the seven limit violations (daily minimum dissolved oxygen and a weekly
average ammonia not assessed), The County noted on their remission request that the 'violations were attributed to
the miscalculations of the new ORC (as of June 2015) while attempting to implement operational changes. DWR
staff provided technical assistance to the ORC on July 9, 201,5 at the request of the County. The WWTP returned
to compliance as no violations were reported in the July 2015 DMR.
Although the limit violations were attributed to the miscalculations of the ORC and were corrected by operational
adjustments, this Office would be in support of a 25% penalty reduction due to the County's pursuit via CWSRF
loan for improvements to the WWTP and sewer system.
Regional Recommendation (Check One)
Request Denied P Full Remission
Partial Remission
Central Office Recommendation (Check One)
Request Denied
I .1
Full Remission Partial Remission
Director's Decision (Check One)
Request Denied Full Remission
Partial Remission
Amount Remitted $
Date S. Jay Zimmerman, Director

STANIY)? COUNTY
NORTH CAROLINA
V Cr<< s rr aid, Sows,
CERTIFIED MAIL 7002 2030 0004 7198 1008
RETURN RECEIPT REQUESTED
Wastewater Branch.
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject:
October 2, 2015
Remission Request
West Stanly WWTP
Permit No, NC0043532
Stanly County
Case No. L.V-2015-0225
RECEIVED/DENRJDWR
OCT 12 2015
Water Quality
Permitting Secton
Dear Compliance Offcer:
The West Stanly WWTP (Stanly County Utilities} votrld like to request remission of the civil penalty
assessed related to IN LV-2015-0225 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant.
Starting in June 2015, the West Stanly WWTP hired a new ORC. This plant has a difficult history under
its previous owner, the Town of Oakboro as well during the course of the past 17 month in which Stanly
County has owned and operated the plant. This plant has over the years experienced a great deal of
deferred maintenance and is currently functioning nowhere near it optimized capability. The new ORC
and the Utilities '.Director have been tasked with addressing all the issues and rernediating the plant
facility. The new ORC made some operational changes that he hoped would generate an immediate
improvement in plant performance. Unfortunately some of these changes were miscalculations and
resulted in higher ammonia and L301) levels and lower 1)O during the month of June than permitted for
this facility. The ORC immediately made corrections. The 1JO1) and DO were corrected very quickly
however, it took several weeks for the Ammonia levels to return to normal.
Stanly County Utilities is working very hard to make the necessary improvements to the West Stanly
WWTP. As of June 2015, the County has obtained loan funding of more than $2.6 million from the
Clean Water State Revolving Fund to perform comprehensive rehabilitation of the plant. Therefore we
respectfully, request remission of the civil penalty so that the money saved can be used to make
improvements to the plant infrastructure and to optimize the treatment process.
If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
Donna L. Davis, Director
Stanly County Utilities
Pi 704,986,3686
F1 704.986.3711
www,stanlycouotync.gov
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

STATE OF NORTH CAROI
COUNTY OF SlANLY
IN THE MA1 FER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
STANLY COUNTY UTILITIES
PERMIT NUMBER NC0043532
DEPARTIMEN 1 OF ENVIRONMENTAL
QUALITY
IT
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
TIPUI.ATION OF FACTS
Fit E NO. LV-2015-0225
Having been assessed cis it penaltie otal .g $.146.97 for viol ion ) as set forth in the
assessment document nt of the Division of Water° Resources dated S 4 2015, the undersigned,
desiring to seek remission of the civil nogglties, 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 ofremission of
this civil penalty must be submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment. No new id nc in support of a remission request will be
allowed after 30 days from the receipt of the notice of assessment.
This the 1e) day of
ADDRESS
C
BY
EPHONE

JUSTIFICATION FOR REMISSION REOUEST
DWR Case Number: LV-2015-0225
Assessed Party: Stanly County Utilities
County: Stanly
Permit Number: NC0043532
Amount Assessed: $2146.97
Please use this form when requesting remission of this civil penalty. You must also complete the
".Reauest For Remission Waiver o 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 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. 1.43B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) hyIoitorromt12atedconiinuing environmental damage resulting_frorn 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 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 (ie., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

STANLY COUNTY
P;,cq
Outstanding civil penalties...
1 message
Basinger, Corey <[e-mail]>
To: "[e-mail]" <[e-mail]>
Cc: "Scheller, Roberto" <[e-mail]>, "Pitner, Andrew" <[e-mail]>
Donna Davis <[e-mail]>
Ms. Davis,
Tue, May 30, 2017 at 10:38 AM
Thank you for taking the time to speak with Roberto and myself this morning regarding the three (3) outstanding civil
penalties issued to Stanly County — West Stanly WWTP. Below please find more details specific to each case:
1) LV-2015-0225 issued on September 24, 2015 in the amount of $2,146.97 ($2,000 penalty plus $146.97 enforcement
cost).
Stanly County required remission of this penalty in October, 2015 and the Director remitted the penalty by 25% on
November 3, 2015 to a total of $1,646.97 ($1,500 penalty plus $146.97 enforcement cost).
do not have the authority to further reduce this civil penalty. Therefore, the amount due is $1,646.97 for
outstanding case IN-2015-0225.
2) LV-2016-0153 issued on August 2, 2016 in the amount of $2,100.53 ($2,000 penalty plus $100,53 enforcement cost).
The Division is prepared to offer a settlement of this civil penalty in the amount of $1,700.53 ($1,600
penalty plus $100,53 enforcement cost) which is a 20% reduction in the penalty amount.
This settlement offer is valid until June 15, 2017.
3) LV-2016-0154 issued on August 3, 2016 in the amount of $2,600.53 ($2,500 penalty plus $100.53 enforcement cost)
which is a 20% reduction in the penalty amount,
The Division is prepared to offer a settlement of this civil penalty in the amount of $2,100.53 ($2,0(0
plus $100.53 enforcement cost).
This settlement offer is valid until June 15, 2017.
Should Stanly County decide to accept these settlement offers,
$5,447.03. You may remit total payment with one (1) check to the Department of
frwironmental Quality in the amount of $5,447.03 to the following address:
NC DEQ Division of Water Resources
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
ATTN: W. Corey Basinger
(111b. 6c1q.000

Check No:
41027
Invoice Subtotal (-) Retainage (-) Discount (4) Freight (+) State Tax (+) DIN Tax (+) DountY Tax (.) Total Payment
0,00 0.00 0.00 0.00 0.00 0, 0 5447.0
5,447.03
DATE
06/01/2017
INVOICE Na
2017-00004719
DESCRIPTION
CIVIL PENALTIES - UTILITIES
4 'A 444A 4A4jf4'4 .4. AA A'
Plrirrr
A 4
COUNTY OF STANIY
1000 N. lst St, Stel
Albemarle, NC,,..4
wharde Bank
x 338 leZtSecon
lbemafle. 11428
d Si
PAY Five Thousand Four Hundred Forty -Seven and 3/100 Dollars
TO NC DEQ - DIVISION OF WATER RESOURCES
THE ATTN: W. COREY BASINGER
ORDER 610 E. CENTER AVE„ SUITE 301
OF MOORESVILLE, NC 28115
This disbursement has been approved as required by the Local Government Budget and Fiscal Control Act.
Total:
111Q
7,03
Check No: 141027
Amaunt
$5,447.03
Void after 60 Days
oi L41,0 27118 1:0 531 16901: 0 LOOGEI399 7us