NC0043532_Enforcement_20160802

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Certtfied Mail # 7015 1520 0002 8386 7687
Return Receipt Requested
August 02, 2016
Andy Lucas
Stanly County
1000 N 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT: Notice olViolation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-21 . 6
and NPDES WW Permit No. NC0043532
Stanly County
West Stanly WWTP
Case No, IN-2016-0153
Stanly County
Dear Mr, Lucas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,100.53 ($2,000.00 civil penalty
+ $100.53 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 January 2016. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No, NC0043532. The violations,
which occurred in January 2016, 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(aX2), 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, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Stanly County:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$500.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water mto
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$500.00 1 of the 1 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 1 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 BOB Cone.
$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 Weekly Average for TSS - Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Pennit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Pennit Weekly Geometric Mean for FCOLI BR.
$2,000.00 TOTAL CIVIL PENALTY
_100.53 Enforcement Costs
2 00.53 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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) 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 (Attie 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
1617 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 be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-4:82.1(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 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 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.
In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative, and Stipulation of Facts" form within thirty f_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

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearinas:
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 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 am. 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 contactthe 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 (1) copy of the 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 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 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 [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

PERMIT: NC0043 32
FACILITY: West Stanly
LIMIT VIOLATIONS)
ATTACHMENT A
Stanly County
CASE NUMBER: L. -2 6-0153
SAMPLE LOCATION: Outran 02- Effluent
Violation Report
Date Month/Yr Parameter
REGION: Mooresville
COUNTY: `Starkly
Unit of Umtt
Frequency Measure Value
Calculated f Over Violation Penalty.
Type Amount
Value Lirrt
1/9/2016 1-2016 800, 5-Day (20 Deg, 3 X week mg/ 27 778.70
C) - Concentration
/20161-201 BOIT 5-Day (20 Deg, 3 X week mg/1
C) - Concentration
112121
6 1-2016 Colifomu Fecal ME:
MEC Broth, 44.5
3 X week
16 1-2016 Solids, Total
Suspended;-
Concentration
t/201
1-2016 Solids„ Total
Suspended
Concentration
71116m1
400
Weekly $250,00
Average
Exceeded
3OE40 69.0 Monthly 500 00
Average
Exceeded
1200.20 201.1
Weekly $250.00
Geometric
Mean
Exceeded
3 X week mgli 45 330 10 63 .6 Weekly $250.00
Average
Exceeded
3 X week mg/I 45 56,20 25.0 tAleekly $250 00
12016 1-216 Solids, Total
Suspended -
Concentration
3 X week mgli 30
k0 232.E
Average
Exceeded
Monthly
Average
Exc., ed
t16.0

JUSTIFICATION FOR REMISSION REQ131 ST
Case Number: LV-2016-0153
Assessed. Party: Stanly County
Permit No.: NC0043532
Amoun
County: Stanly
sassed: 2,100.53
Please use this form when requesting remission of this civil. penalty. You must also complete the "Request For Remission,
Waiver of Right to are Administrative Hearing, and Stipulation ofFacts" formto 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 limitedto 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 ofa 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 in N.C.G.S. 143B-282.1(b) were wrongfullyapplied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,, explain the
steps that you took to correct the violation and prevent future occurrences):
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for)'
(d) the violator had 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 civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN FHEMATTER OF ASSESSMENT
OF C:I IT PENALTIES AGAINST
Stain/ County
West Stanly WAVTP
PERMIT NO. NC0043532
DEPARTMENT OF ENVONMENTAL QUALITY
WAIVER VER OF RIGHT TO AN
ISTRATIVE HE C
STIPULATION OF FACTS
NO. LV-2016-0153
Having been assessed civil penalties totaling $2,100.5 for violations as set forth in the assessment document of the
Division. of Water Resources dated August 02, 2016, the undersigned, desiring to seek remission of the civil penalty, , does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the 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,
the day of
ADDRESS
STC"ATURE`
TELEPHONE

Certified Mail # 7015 1520 0002 8386 7533
Return Receipt Requested
June 3, 2016
Andy Lucas
Stanly County
1000 N 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: N©V-2016-LV-0296
Permit No. NC0043532
West Stanly WVVTP
Stanly County
Dear Mr Lucas:
A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Vioiattion(s):
Sample
Location Parameter
002 Effluent Coliform, Fecal MF, M-FC
Broth,44.5C (31616)
Limit Reported
Date Value Value Type of Violation
1/2/2016 400 1,200,23 Weekly Geometric Mean Exceeded
002 Effluent BOD, 5-Day (20 Deg. C) -
Concentration (C0310)
1/9/2016
27 7
7,
ekly Average Exceeded
002 Effluent
Solids, Total Suspended -
Concentration (C0530)
002 Effluent
Solids, Total Suspended
Concentration (C0530)
1/9/2016 45 330.1 Weekly Average Exceeded
/30/2016 45 56.23 Weekly Average Exceeded
002 Effluent BOD, 5-Day (20 Deg. C) - 1/31/2016
002 E uen
Concentration (C0310)
Aids, Total Suspende
Concentration (C0530)
30.42 Monthly Average Exceeded
2016 30 99.85 Monthly Average Exceeded
State of North Carolina I Environrncntal Quality ( Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
71144,61.1 Fi99

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 L101business 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.
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 tb 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.org/web/wq/admin/boqiipu/edmr.
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
704-663-1699

Facility:
Parameter
DMR Review Record
Permit N Pipe No..
Monthly Average Violations
Permit Limit DMR Value
Moh!Vear:
% Over Limit
Action
Action
Monitoring Frequency Violations
Date Parameter Permit Frequency Values Reported # of Violations Action
Completed by:
Assistant Regional
Supervisor Sign Off:
Date:
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator; Stanly County
Facility Name: West Stanly WWTP
Permit Number: NC0043532
County: Stanly
Case Number: LV-2016-0153
ASSESSMENT FACTORS
1)
2)
4.5 4441414d
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;
A1444 44A-401.11 -*6+:1 pS-4d
7 -
The duration and gravity of the viola ion;
3) The effect on ground or surface water quan
A afiGe.
4)
5) The amount of money saved by noncompliance;
The cost of rectifying the damage;
44-44-4h--
or quality or on air quality;
6) Whether the violation was committed willfully or intentionally;
o'd44p 4-4
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 compliance period review (January
2015 to December 2015) found the following violations;
06/2015 - Weekly Average BOD, Monthly Average BOD, Daily Max DO, 4 Weekly Averages NH3 as N, Monthly
Average NH3 as N LV-2015-0225
10/2015 — Weekly Average BOD, Weekly Geo Mean Fecal Conform, Weekly Average TSS LV-2016-0086
11/2016 — Weekly Average BOD, 5 Daily Max Fecal Conform — NOV-2015-LV-0193
8) The cost to the. State of the enforcement procedures.
The cost to the Mooresville Regional Office is 100.53
Regional Office Clerical Staff — one hour
Enforcement case preparation staff time — one hour
Regional Office Supervisor review — one hour
Total:
$ 15.00
$ 33.13
$ 55.40
$ 100.53
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

STAN Y COUNTY
Donna Davis <[e-mail]>
Outstanding civil penalties...
1 message
Basinger, Corey <[e-mail]>
To: "[e-mail]" <[e-mail]>
Cc: "Scheller, Roberto" <roberto.scheller@ncdenrgov>, "Pitner, Andrew" <[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 rooming regarding the three (3) outstanding civil
penalties issued to Stanly County — West Stanly VVWTP. 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).
I do not have the authority to further reduce this civil penalty. Therefore, the amount due is $1,646.97 for
outstanding case LV-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 ($2,000
plus $100.53 enforcement cost).
This settlement offer is valid until June 15, 2017.
Should Stanly County decide to accept these settlement offers the total amount due is
$ 447,03. You may remit total payment with one (1) check to the Department of
En ironmental Quality in the amount of $5,447.03 to the following address:
6,1. (No. (,99. °co
NC DEQ Division of Water Resources
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
ATTN: W. Corey Basinger

Check No: 14 027
Invoice Subtotal (-) Retainage () Discount (+) Freight (+) State Tax (+) City Tax (+) County Tax (=) Total Payment
0.00 0.00 0.00 0.00 0.00 0.00 5447.03
,447,03
DATE
06/01/2017
INVOICE NO.
2017-00004719
DESCRIPTION
CIVIL PENALTIES - UTILITIES
TOTAL
' 5,447.03
AINATNEEEEETLidatEISEME'7"931TEMEEMBIEE IDZIMEEEMMEIGIT
COUNTY OF STA
woo.N.ist St, Steof ,
Albemarle, NC, 0 ,
wharrie Bank ofhlnl31.,
6 ' ePeox 338 16 ;Ili econd St.
bernade, N,R1
PAY Five Thousand Four Hundred Forty -Seven and MOD Dollars
TO
THE
ORDER
OF
NC DEQ - DIVISION OF WATER RESOURCES
ATTN: W. COREY BASINGER
610 E. CENTER AVE., SUITE 301
MOORESVILLE, NC 28115
This disbursement has been approved as required by the Local Government Budget and Fiscal Control Act.
Total: $5,447.03
Check No: 141027
Amount
$5,447.03
Void after 60 Days
LO 270 1:05 L /. L6901: 0 1.0068 399 ?Hi

Basinger, Corey
Tuesday, May3Q 201710'38AM
Outstanding civil 9eno|Meo—
Ms. Davis,
Thank you for taking the time tospeak with Roberto and myself this morning regarding the three (3) outstanding civil
penalties issued to Stanly County — West Stanly WWTP. Below please find more cletailsspecific to each case:
1) LV'ZD1S-0225issued onSeptember 24,201Sinthe amount of$2,I46.97($JIX3Openalty plus $14G.97
enforcement cost).
Stanly County required remission of this penalty in October, 2015 and the Director remitted the penalty by 25%
pnNovember 3'ZU1Stoatotal of$l,646.97($1,S00penalty plus $l46.B7enforcement cost).
|dnnot have the authority tnfurther reduce this civil penalty. Therefore, the amount due is, $1,646.97fmr
outstanding case [V-2O15-0225.
2) LV'2Ol6'O1S3issued onAugust Z,2O1Ginthe amount of$2,1O0.S3($2,0OOpenalty plus $1OO.5]enforcement
cont).
The Division is prepared to offer a settlement of this civil penaity in the amount of $1,700-5]($1,600
penalty plus $10O.53enforcement cost) which ina20%reduction inthe penalty amount.
This settlement offer invalid until June 15,Z017.
3) LV'2016'01S4issued onAugust 3,2O16Unthe amount of$2,6K)0.S3($2,58Openalty plus $100.53enforcen`ent
cost) which lsaIO%reduction inthe penalty amount.
The Division is prepared to offer a settlement of this civil penalty in the amount of $2,100.53 ($2,000 plus
$18Q.53enforcement cost).
This settlement offer isvalid until June 1S,JO17.
ShoU|dStanly County decide to accept these settlement offers, he total amount due is
You may remit total payment with one /1lcheck tothe De t e�ofEnuironm(
in the amount nf$5,447.03tqthe following address:
NC DEQ—Division of Water Resources
610 E.Center Avenue, Suite 301
Mooresville, NC 28115
ATTN: W.Corey Basinger
I greatly appreciate your input this morning and your willingness to resolve these cases. Should you have any further
questions or comments, please do not hesitate to contact me directly at 704-235-2194.
Many thanks,
Corey
W Corey Basinger