NC0043532_Enforcement_20160510

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Certified Mail # 7015 1520 0002 8376 1336
Return Receipt Requested
May 10,, 2016
Mr. Andy Lucas
Stanly County
1000 N ist St Ste 12
Albemarle, NC 28001
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S,) 143.-21.5.1(aX6)
and NPDES WW Permit No. NC0043532
Stanly County
West Stanly WWTP
Case No, LV-2016-0090
Stanly County
Dear Mr, Lucas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,15033 ($2,050.00 civil penal
+ $10033 enforcement costs) against Stanly County.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Stanly County for the month of November 2015. This review has shown the subject facility to be in violation
of the discharge limitations andior monitoring requirements found in NPDES WW Permit No. NC0043532. The violations,
which occurred in November 2015, are summarized in Attachment A to this letter,
Based upon the above facts, I conclude as a matter of law that Stanly County violated the terms, conditions or requirements
of NPDES WW Permit No. NC0043532 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In
accordance with the maximums established by G.S, 143-215.6A(a)(2), a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Stanly County:
State of North Carolina Environmental Quality Water Resources
660 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Perinit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for CHLORINE.
$250.00 1 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$_250.00 1 of the I violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc.
$500.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$250.00 1 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for EEC COLI.
$21).00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc.
$200.00 2 of the 3 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Conc.
$300.00
3 of the 3 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for EEC COL!.
$2,0 5 0 0 0 TOTAL CIVIL PENALTY
$100.33 Enforcement Costs
$2_,150.33, TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount ofthe penalty I have taken into accounte Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14.3B-282.1(b), which are:
(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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: 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
161'7 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation 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 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. 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 and
agreement 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 he approved, the -following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was 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 remedial actions.
Please note that all evidence presented in support of your request for remi.ssionmust 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 the 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.

Inorder to request remission, you must complete and submit the enclosed "Request for Re 'ssion of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" fonn within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justitication for
gemissionRequest."
Both fonns should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative
e
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 of this notice. A petition is considered tiled
when it is received in the Office of Administrafive Hearings during normal office hours. The Office of A.dministrative
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 attaehed 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 receivedin 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 filitudeeandlor 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 (1) copy atilt petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 letter, 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 ofthe 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 you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at robertfischeller@riederiEgov.
AT 1AC1IMENrS
Sincerel,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NEDEQ
Cc; WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

PERMIT: NC0043632
ATTACHMENT A
Stanly County
CASE NUMBER: IN-2016-0090
FACILITY: West Stenly TP
LIMIT VIOLATION(S)
REGION: Mooresville
COUNTY: Stanly
SAMPLE LOCATION; Outten 001 - Effluent
Violation Report Unit of Limit Calculated % over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
C) - Concentration
1117/2015 11-2015 BOD, 5-Day (20 Deg. 3 X week mg 27 40 48.1 Weekly $100.00
Average
Exceeded
11/3012015 11-2015 BCD, 5-Day (20 Deg 3 X week mgn 18 31 72.2 Monthly $250,00
Average
Exceeded
C) - Concentration
1117/2015 11-2015 Coliform, Fecal MF, 3 X week #/100m1 400
M-FC Broth,44.5C
1500
275.0
Weekly $100.00
Geometric
Mean
Exceeded
11/14/2015 11-2015 Conform, Fecal MF, 3 X week #1100m1 400 6000 1,400.0 Weekly
M-FC Broth,44.5C Geometric
Mean
Exceeded
11/30/2015 11-2015 Coliforrri Fecal ME, 3 X week W100m1 200 3000 1,400.0 Monthly
M-FC Broth,44.5C Geometric
Mean
Exceeded
$400.00
$250.00
11/302015 11-2015 Nitrogen, Ammonia 3 X week mgll 6 8,30 38,3 Monthly $250.00
Total (as N) - Average
Concentration Exceeded
1117/2015
11-2015 Solids, Total
Suspended -
ConcentratMn
11/30/2015 11-2015 Solids, Total
Suspended -
Concentration
3 X week mon 45 108 140.0 Weekly
Average
Exceeded
3 X week
mg/1
$0 00
30 70.50 135.0 Monthly $250,00
Average
Exceeded

SAMPLE LOCATION: utfall 002- Effluent
Violation Report
Date MorithNr Parameter
11/21/2015
-2015 BOO, 5-Day (20 Deg:
C) - Concentration
0/2015
1-2015 SOD, 5-Day (20 Deg,.
- Concentration
Frequency
Unit of
Measure
Calculated % Over Violation
Value Limit Type
3 X week rgf
27
37 37.0 Weekly
Average
Exceeded
3 X week mod 18 20:60 14.2 Monthly
Average
Exceeded
1114/2015 11-2015 Chlorine, Total
Residual
r14t
1-2015 Eoltiontu Fecal MF,
M-FE Broth,44,5
3 X week
veek
rg
30W2015 11-2015 Collie Fecal MF 3 X w
M-F Broth,44e5C
015 11-2015 Solids, Total
Suspended -
Concentration
015 11-2015 Solids, Total
Suspended -
Concentration
30/2015 11 2015 Solids, Total
Suspended -
Concentration
Penalty
Amount
00.00
$0.00
28 500 1,685.7 Daily Maximum $100.00
Exceeded
400
1183.80 107.2 Weekly 8100.00
Geometric
Mean
Exceeded
3 X week
200 215.50 7.7 Monthly $0.00
Geometric
Mean
Exceeded
mgil 45 50.70 12.6 Weekly
Average
Exceeded
X week rngfl 45 50.E
3 X week rragl'
34.6
Weekly
Average
Exceeded
$0.00
$100.0t
30 35.70 22.2 Monthly $250.00
Average
Exceeded

Case Number: .LV-2016-0090
Assessed Party: Stanly County
Permit No.: NC0043532
JUSTIFICA'110N FOR REMISSION REQUEST
County: Stanly
Amount Assessed: $2,150.33
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation qf 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. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors iriN.C.G.S. 143B-282.1.(b) were wrongfully applied to the
detriment of the petitioner (the assessment ftictors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation Le., explain the
steps that you took to correct the violation and prevent firture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty 'will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH (AROLINA
COUNTY OF S TENNEY
IN T MATTER Of ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WNVTP
PERIVILL NO. NC0043532
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
AUMINIS TINT HEARING AND
S ELATION OF FACTS
CASE O. IN-2016-0090
Having been assessed civil penalties tooting 12,150.33 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated May 05, 2016, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an admilaistrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment,
fins the
day of 20___
ADEIRESS
TELEPHONE
SIGNKFURE

Certified Mail # 7015 1520 0002 8376 1824
Return Receipt Requested
March 16, 2016
Andy Lucas
Stanly County
1000 N 1st St Suite 12
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: N©V-2016-LV-0143
Permit No. NC0043532
West Stanly WWTP
Stanly County
Dear Permittee:
A review of the November 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit ExceedanceViolation(s):
Sample
Location Parameter
001 Effluent BOD, 5-Day (20 Deg. C
Concentration (C0310)
Date
Limit Reported
Value Value Type of Violation
7/2015 27 40 Weekly Average Exceeded
001 Effluent Coliform, Fecal MF, M-FC 11/7/2015 400 1,500 Weekly Geometric Mean Exceeded
Broth,44.5C (31616)
001 Effluent Solids, Total Suspended - 11/7/2015 45 108 Weekly Average Exceeded
Concentration (C0530)
001 Effluent Coliform, Fecal MF, M-FC
Broth,44.5C (31616)
001 El
4/2015 400 6,000 Weekly Geometric Mean Exceeded
BCD, 5-Day (20 Deg. C) - 11/30/2015 18 31 Monthly Average Exceeded
Concentration (C0310)
001 Effluent Coliform, Fecal MF, M-FC
Broth,44.5C (31616)
30/2015 200
Monthly Georg etric Mean Exceeded
State of North Carolina i Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 2.81115

Limit Exceedance Violation(s):
Sample
Location Parameter
001 Effluent
001 Effluent
Date
Nitrogen, Ammonia Total (as 11/30/2015
N) - Concentration (C0610)
Limit Reported
Value Value Type of Violation
6 8.3 Monthly Average Exceeded
Solids, Total Suspended - 11/30/2015
Concentration (C0530)
002 Effluent
002 Effluent
2 Effluent
Chlorine, Total Residual
(50060)
Solids, Total Suspended - 11/7/2015
Concentration (C0530)
30 70.5 Monthly Average Exceeded
/4/2015 28 500 Daily Maximum Exceeded
Coliform, Fecal MF, M-FC
Broth,44.5C (31616)
002 Effluent
002 Effluent
45 50.67 Weekly Average Exceeded
4/2015 400 1 188.78 Weekly Geometric Mean Exceeded
BOD, 5-Day (20 Deg. C) 11/21/2015
Concentration (C0310)
Solids, Total Suspended -
Concentration (C0530)
27 37 Weekly Average Exceeded
/21/2015 45 60.57 Weekly Average Exceeded
002 Effluent BOD, 5-Day (20 Deg. C) - 11/30/2015
Concentration (C0310)
002 Effluent
002 Effluent
Coliform, Fecal MF, M-FC
Broth,44.5C (31616)
Solids, Total Suspended -
Concentration (C0530)
20.55 Monthly Average Exceeded
0/2015 200 215,45 Monthly Geometric Mean Exceeded
30/2015 30 36.67 Monthly Average Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
State of North Carolina Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Niooresville, NC 28115
704-663-1699

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.orq/web/wq/adminibog/ipuiedmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
70A-663-1699

Parameter
Date
Date
DMR Review Record
Permit NoPipe No.:
Monthly Average Violations
Perrgit limit DMR Value
„ l
Month/Year:
%o Over Limit Action
Weekly/Daily Violations
Parameter Permit Limit. Limit Type DMR Value °A Over Limit Action
Parameter
Completed by:.
Assistant Regional
Supervisor Sign Off:
Regional Supervisor Sign
Off:
Monitoring Frequency Violations
Permit Frequency Values Reported # of Violat�crn
Date:
Date:
Date:
Action
2/3/2016, 1:17 PM
DMR Review Record Master 1602, Without $ Amts

weekly/Daily Violations
Date _°k Over Limit Action
Date Parameter Permit Limit imit T �e DMR Vague,
v ) 1%
Monitoring Frequency Violations
Permit Frequency Values Reported
LSD
# of Violations
Action
DMR Review Record
Permit NoPipe No.:
Monthly Average Violations
Permit Limit DMR Value
Month/Year: A\/ ;%--
Date
Parameter
Other Violations/Staff R
or Remarks:
Completed by:
Assistant Regional
Supervisor Sign Off:.
Regional Supe
or Sign
Off:
Date:
Date:
Date:
2/3/2016, 1:17 PM
DMR Review Record Master 1602, Without $ Amts

DIVISION OF iA RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Stanly County
Facility Name: West Stanly WWTP
Permit Number: NC0043532
County: Stanly
Case Number: LV-2016-0090
ASSESSMENT FACTORS
l) 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;
., Ca�
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or duality or on air quality;
taS/7-444-14
4) The cost of rectifyi
g the damage;
The amount of money saved by noncompliance;
6) Whe
violation was committed willfully or intentiona
Co+ ,� u
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
A 12 month review of compliance history, October 2014 through October 2015, for the subject facility found one
'Enforcement (LV-20 1.5-0225) for the month of 6/2016. Violations were for Weekly Average BOD, 4-Weekly Average
Ammonia as Nitrogen, and Monthly Average Amnaoniia as Nitrogen.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is $100.33.
Regional Office Clerical Staff — one hour $ 15.00
Enforcement case preparation staff time — one hour $ 33.13
Regional Office Supervisor review — one hour $ 52.20
Total: $100.33

Corey 13a g r, Regiona Supenie
Water Quality Regional Operations ti n:
Mooresville Regional Office
Division of Water Resources, NCDEQ