NC0043532_Enforcement_20161024

Water Resources
ENVOIONKFMTAL QUAILITY
February 02, 2017
Andy Lucas
Stanly County
1000 N I st St Ste 12
Albemarle, NC 28001
ROY COOPER
Grivernor
M CHAEL S. REGAN
Secretary
S.
)AY ZIMMERMAN
EC E VVEDINCD5WWIR
wca 'S
MC)ORDSVILLE REGIONAL OrFICE
Subject: Payment Acknowledgement
West Stanly WWTP
Permit NC0043532
Case No, LV-2016-0212
County Stanly
Dear Andy Lucas:
This letter is to acknowledge receipt of payment in the amount of $1,001.34 received from you on
01/31/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren Thedford at 919-807-6397.
Sincerely,
Wren Thedford
cc: Central Files
NPDES
Mooresville Regional Office
State of North Carolina Environmental Quaifty1 Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-6631699

ROY COOPER
Governor
S. JAY ZIMMERMAN
Director
Water Resources
ENVIRONMENTAL QUALITY
January 5, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0828
RETURN RECEIPT REQUESTED
Ms, Donna L. Davis, 1irector
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: 1N-2016-0212
for West Stanly WWTP
NPDES Permit NC0043532
Stanly County
Dear Ms, Davis:
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret
to inform you that the Director has denied your request.
Therefore, your outstanding balance ($1001,34) is due and payable. Two options are available to you at
this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
.Raleigh, North Carolina 27699-1617
OR
State of North Carolina Environmental Quality Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
919-707-9000

2) You may request the Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If payment is not received within 30 calendar days from your receipt of this letter, your current request
for remission and this letter of denial 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/Or Oral Presentation Form within thirty (30) calendar days of receiving this letter.
Send completed tbrm(s) to:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting, Section NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699- 1617
If you make such a request, the EMC Chairman will review the supporting documents and your request
for an oral presentation. If', in his/herjudgment, 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 your
presentation is not required, the final decision will 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. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
If you have any questions about this matter. Please contact me at [phone] or via e-mail at
derek.de.nardgnalenr.gov.
Sine
Derek C. Denard, Environmental Specialist'
Division of Water Resources, NCDEQ
Attachments; Director's Decision; Request for Oral Presentation form
Permittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittees Justification for Remission Request
cc: AllAVR Mitatlibas
Enforetnnent File
Central Files

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2016-0212 Region: Mooresville County: Stanly
Assessed Entity: Stanly County Permit No.: NO1043532
Assessment Factors
Cl (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED.
LJ (b) Whether the viola tor promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED,
(c) Whether the violation was inadvertent or a result of an accident:
(d) Whether the violator had been assessed civil penalties for a y previous violations:
NOT ASSERTED.
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Permittee Assertion; Stanly County Utilities in operating the West Stanly WWTP is dealing with a facility in
need of major overhaul and repair, As efforts are being made to obtain funding and design the rehabilitation
project, operators have encountered issues that result in unintended violations. However, for each of the
violations listed adjustments were immediately made to correct the excessive levels of chlorine, BOD and fecal
colifomi bacteria. This facility has been assessed other penalties this year related to similar issues. Unfortunately,
these fines diminish the amount of money Stanley County is able to use toward remediating issues in the interim
as they prepare for major renovation,
DWR Notes: Stanly County attributes limit violations to the poor condition of the waste water treatment plant
and two of the three secondary clarifiers are not functioning. A compliance inspection conducted by this Office,
of the subject facility, on June 21, 2016 found the following conditions: "Large amounts of solids going over
weirs of secondary clarifier, sludge balls floating on surface of clarifier. Two secondary clarifiers not in service
are being used to hold waste from Enterprise Rendering„ Solids were floating on surface of chlorine contact
chamber, A sludge judge measurement of chlorine contact found 6,-7 inches of sludge build up on bottom of
chamber, The facility also has compliance issues with receiving wastewater from Enterprise Rendering Plant and
by-passing the influent sampler." This inspection was issued as Notice of Violation & Intent to Assess Civil
Penalty (NOV-2016-PC-0208),
It was also discovered during the subject inspection that this facility was regularly accepting waste from
Enterprise Rendering that was high in BOD, TSS, and Anomia. Typical plant influent loading has been
calculated to be BOD 300 mg/I., TSS 200 mg/1., NH3 30. mg./1. Analysis of waste from Enterprise Rendering was
found to be BOD 1200 mg/1, TSS 1200 mg/1, -NH3 200 mg/I. Records review found that the West Stanly WWTP
received 4 loads of waste (25,755 gallons) from Enterprise Rendering during the month of December 2015.
DECISION (Check One)
Request Denied
Full Remission
Partial Remission
0
Retain Enforcement Cost? Yes 0 No
(Enter Amount
Zimmerman, JMreetor

AROLINA
RTHAOF STANLY
1N
THE
TYmAOFOTASSESSMENT
1111ITrSE
OF CIVIL PENALTIES AGAINST:
STANLY COUNTY UTILITIES
WEST STANLY WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number IA-2016-0212
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, 1 assert that I understand all of the following 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 and/or my representative during a Comnnttee meeting held in Raleigh,
North Carolina.
• My presentation will be 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 la ers wh 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 for you or a business or governmental entity. If you or your
representative would like 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 wwv‘,.ficbar.comiethics, Authorized Practice ,Advisory Opinion 2006-1 and 2007 Formal
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 individual 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 order to avoid violating the State Bar's Opinion on the unauthorized practice of law,
• If you are a corporation, partnership or 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 considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is perrnissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: I) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Qpinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITI„,E (President, Owner, etc.)
.ADDRESS
TELEPHONE (

STANLY COUNTY
%ORTH DAFtU
4241, cractletw,
November 22, 2016
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, 'North Carolina 27699-1617
Subject: Remission Request
West Stanly WWTP
Perrnit No. NC0043532
Stanly County
Case No. LV-2016-0212
RECEIVEMCDEQ/DWR
NOV 22 2016
Water Quality
Permitting Section
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to LV LV-2016-0212 based on the ternporary nature of the violation and it relation to
attempts to improve the operations of the plant.
4 violations related to discharging wastewater into the waters of the state in violation of the
permit daily maximum for chlorine
1 violation related to discharging wastewater into
weekly average for BOD
e waters 01 ttie s
te in violation of the
1 violation related to discharging wastewater into the waters of the state in violation of the permit
weekly geometric mean for fecal coliform bacteria
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of major
overhaul and repair. As efforts are being made to obtain funding and desi the rehabilitation project,
operators have encountered issues that result in unintended violations. However, for each of the
violations listed adjustments were immediately made to correct the excessive levels of chlorine, BOD,
and fecal coliform bacteria. This facility has been assessed other penalties this year related to similar
issues. Unfortunately, these fines diminish the amount of money Stanly County is able to use toward
remediating issues in the interim as we prepare for a major renovation.
Over the past two and a half years while working through the funding and regulatory process, Stanly
County Utilities has spent name than $120,000 in immediate and in some cases temporary repair to the
facility just to keep it functioning at reasonable level until the major rehabilitation is performed. Stanly
County is requesting a moderate amount of time and assistance from NC DEQ to complete the
modifications and to restore the plant to an acceptable level of efficiency and effectiveness in the
treatment process.
PI 704,986.3686
Fj 704.986,3711
www.stan itync.gov
Stanly County llti i 'es
1000 N. First Street, Suite 12, Albemarle, NC 28001

The West Stanly WWTP plant was purchased by Stanly County Utilities on the Town of Oakboro in
May 2014. This plant has a difficult history under its previous owner, the Town of Oakboro as well.
during the course of the past 30 months 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
well below its optimized capability. In the assessment performed before purchase Stanly County was
shade aware of the major deficiencies at the treatment plant. These included severe operational and
maintenance problems which resulted in a poorly functioning treatment system, severely hampered by
two non-functioning clarifiers and other system components operating at marginal effectiveness and
major issues with the associated McCoy's Creek pump station, All of these issues existed prior to
purchase in 2014 and should be on record with the Mooresville Regional Office from prior plant
inspections. Stanly County purchased the plant with the goal of making improvements and corrections to
the failing treatment plant as these corrections had not been made over the past decade or more.
In 2015, Stanly County applied for funding from the North Carolina State Water Infrastructure Authority
and was awarded $2,648,894 in loan funds from the NC DEQ Clean Water State Revolving Fund, Stanly
County and its engineers are following the schedule imposed by the funding agency. On June 15, 2016,
Stanly County staff and engineers met with NC DEQ funding representatives and regulators on site at the
West Stanly WWTP to review the PER and to answer questions regarding the planned rehabilitation
activities. After that meeting, state officials requested some changes to the plan and authorized Stanly
County to initiate a full-scale engineering design of the improvements to the plant and pump station.
If there are any questions regarding this letter, please feel free to contact me at [phone],.
Sincerely,
/I li e ,40
Donna L. Davis, Director
Stanly County Utilities

Case Number: LV-2016-0212
Assessed Party: Stanly County
Permit No.: NC0043532
JUSTIFICATION FOR REMISSION 'REQUEST
County: Stanly
Amount Assessed: $1,001_.34
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 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 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),
1
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalo, 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 uture 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:
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility need of
major overhaul and repair. As efforts are being made to obtain funding and design
rehabilitation project, operators have encountered issues that result in unintended violations.
However, for each of the violations listed adjustments were irnrnediately made to correct the
excessive levels of chlorine, BOD, and fecal coliform bacteria. This facility has been assessed
other penalties this year related to similar issues. Unfortunately, these fines diminish the amount
of money Stanly County is able to use toward remediating issues in the interim as we prepare for
a major renovation.

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WW TP
PERMIT NO, NC004
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0212
Having been assessed civil penalties totaling $1,001.34 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 24, 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.
This the a g day of =,eP
ADDRESS
jDO N
of 1
b ;mrtr
TELEPI ONE
SIGNATURE
,20 !t
-jof --�-

PERMIT: NC0043532
FACILITY: West Stanly WWTP
IT VIOLATION(S)
SAMPLE LOCATION: Outfall 002 - Effluent
Violation Report
Date Month/Yr Parameter
ATTACHMENT A
Stanly County
CASE NUMBER: LV-2016-0212
REGION: Mooresville
COUNTY: Stanly
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
12/26/2015 12-2015 BOD, 5-Day (20 Deg
C) - Concentration
12/2/20 15 12-2015 Chlorine, Total
Residual
3 X week
3 X week
mg/I
12/312015 12-2015 Chlorine, Total
Residual
12/2412 015 12-2015 Chlorine, Total
Residua!
12f3tr"215 12-2015 Chlorine, Total
Residual
27 50 85,2 Weekly
Average
Exceeded
Penalty
Amount
250.00
ug/1 28 479 1,610.7 Daily Maximum $100,00
Exceeded
3 X week ug/I 28 212 657,1 Daily Maximum
3 X week
3Xweek
12/26/2015 12-2015 Colifonm, Fecal MF, 3 X week
MFC Broth, 44,5 C
Exceeded
28 71 153,6 Daily Maximum
Exceeded
28 76 171,4 Daily Maximum
Exceeded
400 762,90 90.7 Weekly
Geometric
Mean
Exceeded
00.00
$250.00

ROY COOPER
Ginernor
S. JAY ZIMMERMAN
Director
Water Resources
ENVIRONMENTAL QUAL ore
January 4, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0828
RETURN RECEIPT RE UESTED
Ms, Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: LV-2016-0212
for West Stanly WWTP
NPDES Permit NC0043532
Stanly County
Dear Ms, Davis:
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Quality (the Division) has reviewed your request to remit civil penalties in the subject case. We regret to
inform you that the Director has denied your request
Therefore, your outstanding balance ($1001,34) is due and payable. Two options are available to you at
this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment, within thirty (30) calendar days of receiving this letter,
to the attention of:
Attn: Wren Thedford
NC DENR Division of Water Resources
WQ Permitting Section -NPDES
1.617 Mail Service Center
Raleigh, North Carolina 27699-161.7
OR
State of North Carolina Envimrimental Quality Water Resources
1617 Mail Service Center I Raleigh,, North Carolina 27699-161.7
9 I 9-707-9000

2) You may request the Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If payment is not received within 30 calendar days from your receipt of this letter, your current request
for remission and this letter of denial 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 for Oral Presentation Form within thirty (30) calendar days of receiving this letter.
Send completed fonn(s) to:
Wren Thedford
NC DENR Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, 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 your
presentation is not required, the final decision will 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. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted,
If you have any questions about this matter, please .contact me at [phone] or via e-mail at
derek,denard@ncdenr,gov.
Sincerely,
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
Attachments.: Director's Decision; Request for Oral Presentation form
Permittees Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Perinitus's Justification for Remission Request
cc:
.42Xfites
Enforcement File
Central Files

DWR CIVIL PENALTY REMISSION FACTORS
Case Number:
Assessed Entity:
LV-2016-0212 Region: Mooresville County: Stanly
Stanly Cou
Assessment Factors
Permit No.: NC0043532
0 (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED.
EJ (b) Whether the viola tor promptly abated continuing environmentaldamage resulting from the
violation:
NOT ASSERTED.
(c) Whether the violation was inadvertent or a result of an accident:
fl (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED.
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Pennittee Assertion: Stanly County Utilities in operating the West Stanly WWTP is dealing with a facility in
need of major overhaul and repair. As efforts are being made to obtain funding and design the rehabilitation
project, operators have encountered issues that result in unintended violations. However, for each of the
violations listed adjustments were immediately made to correct the excessive levels of chlorine, BOD and fecal
conform bacteria. This facility has been assessed other penalties this year related to similar issues. Unfortunately,
these fines diminish the amount of money Stanley County is able to use toward remediating issues in the interim
as they prepare for major renovation.
DWR Notes: Stanly County attributes limit violations to the poor condition of the waste water treatment plant
and two of the three secondary clarifiers are not functioning. A compliance inspection conducted by this Office,
of the subject facility, on June 21, 2016 found the following conditions: "Large amounts of solids going over
weirs of secondary clarifier, sludge balls floating on surface of clarifier. Two secondary clarifiers not in service
are being used to hold waste from Enterprise Rendering. Solids were floating on surface of chlorine contact
chamber. A sludge judge measurement of chlorine contact found 6-7 inches of sludge build up on bottom of
chamber. The facility also has compliance issues with receiving wastewater from Enterprise Rendering .Plant and
by-passing the influent sampler." This inspection was issued as Notice of Violation & Intent to Assess Civil
Penalty (NOV-2016-PC-0208).
It was also discovered during the subject inspection that this .facility was regularly accepting waste from
Enterprise Rendering that was high in BOD, TSS, and Anomia. Typical plant influent loading has been.
calculated to be BOD 300 TSS 200 mg/1, 'NH3 30 mg/l. Analysis of waste from Enterprise Rendering was
found to be BOD 1200 mg/1., TSS 1200 mg/1, NH3 200 mg/1, Records :review found that the West Stanly WWTP
received 4 loads of waste (25,755 gallons) from Enterprise Rendering during the month of December 2015.
DECISION (Check One)
Request Denied X
Full Remission Retain Enforcement Cost? Yes El No D
Partial Remission Ej (Enter A ount
Zimmerman, Director

CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF STANLY
fN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
STANLY COUNTY UTILITIES
WEST STANLY WWTP
DWR Case Number LV-201
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 following statements:
This request
denied,
be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina,
• My presentation will he limited to discussio.ofissuediformation su mined innonalrernissionreest„ 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 oftaw 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 for you or a business or governmental entity. If you or your
representative would like 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.comiethics, Authorized Practice Advisory Opinion 2006-1 and 2007 'Formal.
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 individual 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 order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or 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 considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRES S
TELEPHONE (

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16'17
Subject:
November 22, 2016
Remission Request
West Sternly WWTP
Permit No. NC0043532
Stanly County
Case No. LV-2016-02 1 2
RECEIVED/NCDEQIC R
NOV 22 2016
Water Quality
Permitting Section
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to LV LV-2016-0212 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant.
4 violations related to discharging wastewater into the waters of the state in violation of the
permit daily maximum for chlorine
lviolation related to discharging wastewater
weekly average for BOD
0
1 violation related to discharging wastewater into the waters
weekly geometric mean for fecal coliform bacteria
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of major
overhaul and repair. As efforts are being made to obtain funding and design the rehabilitation project,
operators have encountered issues that result in unintended violations. However, for each of the
violations listed adjustments were immediately made to correct the excessive levels of chlorine, BOD,
and fecal coliform bacteria. This facility has been assessed other penalties this year related to similar
issues. Unfortunately, these fines diminish the amount of -money Stanly County is able to use toward
remediating issues in the interim as we prepare for a major renovation.
Over the past two and a half years while working through the funding and regulatory process, Stanly
County Utilities has spent more than $120,000 in immediate and in some cases temporary repair to the
facility just to keep it functioning at reasonable level until the major rehabilitation is performed. Stanly
County is requesting a moderate amount of time and assistance from NC DEQ to complete the
modifications and to restore the plant to an acceptable level of efficiency and effectiveness in the
treatment process.
ofthe state in violation of the permit
PI 704,986.3686
Fl 704.986,3711
WW_3X;
Stanly County Utilitie
1000 N. First Street, Suite 12, Albemarle, NC 28001
11e state in violation of the permit

The West Stanly WWTP plant was purchased by Stanly County Utilities from the Town of Oakboro in
May 2014, This plant has a difficult history under its previous owner, the Town of Oakboro as well
during the course of the past 30 months 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
well below its optimized capability, in the assessment performed before purchase Stanly County was
made aware of the major deficiencies at the treatment plant. These included severe operational and
maintenance problems which resulted in a poorly functioning treatment system, severely hampered by
two non-functioning clarifiers and other system components operating at marginal effectiveness and
major issues with the associated McCoy's Creek pump station. All of these issues existed prior to
purchase in 2014 and should be on record with the Mooresville Regional Office from prior plant
inspections. Stanly County purchased the plant with the goal of making improvements and corrections to
the failing treatment plant as these corrections had not been made over the past decade or more.
In 2015, Stanly County applied for funding from the North Carolina State Water Infrastructure Authority
and was awarded $2,648,894 in loan funds from the NC DEQ Clean Water State Revolving Fund, Stanly
County and its engineers are following the schedule imposed by the funding agency. On June 15, 2016,
Stanly County staff and engineers met with NC DEQ funding representatives and regulators on site at the
West Stanly WWTP to review the PER and to answer questions regarding the planned rehabilitation
activities. After that meeting, state officials requested some changes to the plan and authorized Stanly
County to initiate a full-scale engineering design of the improvements to the plant and pump station.
If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
Donna L. Davis, Director
Stanly County Utilities

Case Number: LV-2016-0212
Assessed Party: Stanly County
Permit No.: NC0043532
JUSTIFICATION FOR REMISSION REQUEST
County: Stanly
Amount Assessed: $1,001,34
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 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 arnount 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 § 143B-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 in N.C.G.S. I43B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation andpreventfuture occurrences);
(c) the violation was inadvertent or a result of an accident .e„ explain why the violation was unavoidable or
something you could not prevent or prepare .f6r);
(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:
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of
major overhaul and repair. As efforts are being made to obtain funding and design the
rehabilitation project, operators have encountered issues that result in unintended violations.
However, for each of the violations listed adjustments were immediately made to correct the
excessive levels of chlorine, BOD, and fecal coliforrn bacteria. This facility has been assessed
other penalties this year related to similar issues. Unfortunately, these fines diminish the amount
of money Stanly County is able to use toward rernediating issues in the interim as we prepare for
a major renovation.

STATE OF NORTH CAROLINA DEPARTMENT OF EONMENTALL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WWTP
PERMIT NO. NC00435:'
WA VER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO, LV-2OI6-0
Having been assessed civil penalties totaling $1,001.34 for volatin(s) as set forth in the assessment document of the
Division of Water Resources dated October 24, 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.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
,20IL

PERMIT: NC0043532
FACILITY: West Stanly WWTP
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 002
Violation Report
Date Month/Yr Parameter
6/2015 12-2015 BOD, 5-Day (20 Deg.
C) - Concentration
12/2/2015 12-2015 Chlorine, Total
Residual
ATTACHMENT A
Stanly County
CASE NUMBER: LV-2016-0212
REGION: Mooresville
COUNTY: Stanly
Unit of Limit Calculated % Over Violation
Frequency Measure Value
Value Limit
Type
3 X week rng/I 27
3 X week
ugll
Penalty
Am ount
50 85,2 Weekly
Average
Exceeded
28 479 1,610.7 Daily Maximum
Exceeded
/2015 12-2015 Chlorine, Total
Residual
1272412015 12-2015 Chlorine, Total
Residual
12/30/2015 12-2015 Chlorine, Total
Residual
12/26i2015 12-2015 Conform, Feca MF,
MFC Broth, 44,5 C
3 X week
$250,00
$100,00
ug/l 28 212 657.1 Daily Maximum $100,00
Exceeded
3 X week u,g/I 28 71 153.6 Daily Maximum $100,00
Exceeded
3 X week ug/1
3 X week
28 76 171.4 Daily Maximum $100.00
Exceeded
400 762.90 90.7 Weekly $250.00
Geometric
Mean
Exceeded

!IIPNorth Carolina Department of Environmental Quality
IFFPF'
Pat McCrory
Governor
MEMORANDUM
TO: D. Denard
FROM: Roberto Scheller
THROUGH: W. Corey Basinger, Regional Supervisor
DATE: November 30, 2016
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0043532
Stanly County/West Stanly WWTP
Stanly County
Case Number LV-,:----0212
Donald van der Vaart
Secretary
Stanly County attributes limit violations to the poor condition of the waste water treatment plant and two
of the three secondary clarifiers are not functioning. A compliance inspection conducted by this Office
of the subject facility on June 21, 2016 and the fallowing conditions were found: "Large amounts of
solids going over weirs of secondary clarifier, sludge balls floating on surface of clarifier. Two
secondary clarifiers not in service are being used to hold waste from Enterprise Rendering. Solids were
floating on surface of chlorine contact chamber. A sludge judge measurement of chlorine contact found
6-7 inches of sludge build up on bottom of chamber. The facility also has compliance issues with
receiving wastewater from Enterprise Rendering Plant and by-passing the influent sampler." This
inspection was issued as Notice of Violation & Intent to Assess Civil Penalty (NOV-2016-PC-0208),
It was also discovered during the subject inspection that this facility was regularly accepting waste from
Enterprise Rendering that was high in BOD, TSS, and Anomia. Typical plant influent loading has been
calculated to be BOD 300 mg/I, TSS 200 mg/I, NH3 30 mg/I. Analysis of waste from Enterprise
Rendering was found to be BOD 1200 mg/l, TSS 1200 mg/I, NH3 200 mg/I. Records review found that
the West Stanly WWTP received 4 Ioads of waste (25,755 gallons) from Enterprise Rendering during
the month of December 2015.
It is the findings of this Office that Stanly County knowingly and regularly received waste into the
subject treatment plant that overloaded the treatment capacity of an already poorly operating treatment
plant. Therefore, this Office does not support any penalty reduction due to the negligent actions of
the County.
Mooresville Rzf *nal Office
Location' 610 East Center Ave„ Surte 301 Mooresville, NC 28115
Phone [phone] \ Fax: [phone] Customer Service; 1-877-623 748
Internet www.novaterquality org
An Equal Opportunity \ Atiimnatiye Action Employer - 5i)% Recycled/10% Post Consumer paper

DWQ - CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2016-0212
Region: Mooresville County: Stanly
Assessed Entity: Stanly County Permit: NC0043532
L (a) Whether one or more of the civil penalty assessment facto
petitioner;
vere wrongly applied to the detrimen
0
he
(b) Whether the violator promptly abated continuing environmental damage resulting from the violation;
(c) Whether the violation was inadvertent or a result of an accident;
1111 (d) Whether the violator had been assessed civil penalties for any previous violations;,
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Stanly County attributes limit violations to the poor condition of the waste water treatment plant and two of the three
secondary clarifiers are not functioning. A compliance inspection conducted by this Office, of the subject facility, on
June 21, 2016 found the following conditions: "Large amounts of solids going over weirs of secondary clarifier, sludge
balls floating on surface of clarifier. Two secondary clarifiers not in service are being used to hold waste from
Enterprise Rendering. Solids were floating on surface of chlorine contact chamber. A sludge judge measurement of
chlorine contact found 6-7 inches of sludge build up on bottom of chamber. The facility also has compliance issues
with receiving wastewater from Enterprise Rendering Plant and by-passing the influent sampler." This inspection was
issued as Notice of Violation & Intent to Assess Civil Penalty (NOV-2016-PC-0208).
It was also discovered during the subject inspection that this facility was regularly accepting waste from Enterprise
Rendering that was high in BOD, TSS, and Anomie. Typical plant influent loading has been calculated to be BOD 300
mg/I, TSS 200 mg/I, NH3 30 rng/I, Analysis of waste from Enterprise Rendering was found to be BOD 1200 mg/I, TSS
1200 mg/I, NH3 200 mg/l. Records review found that the West Stanly WWTP received 4 loads of waste (25,755
gallons) from Enterprise Rendering during the month of December 2015.
A 5-year review period from December 2010 to November 2015 was reviewed and the following violations were noted:
01-2011 - LV-2011-0106
02-2011 - LV-2011-0151
03-2011 - LV2011-0177
04-2011 - LV-2011-0191
05-2012 - LM 2012-0023
07-2012 - NOV-2012 MV-0101
Regional Recom
Request Denied
ndation (Check One)
Full Remission 11
12-2013 - NOD-2015-LR-0040
02-2015 - NOV-2015-LR-0032
06-2015 - LV-2015-0225
10-2015 - LV-2016-0086
11-2015 - LV-2016-0090
Partial Remission LI
Central Office Recor
Request Denied E]
endation (Check One)
Full Remission Lilt
Partial Remission

Director's Decision (Check. One)
Request Denied I -I Full Remission LI Partial Remission E Amount Remitted $
Date Charles Wakild, P.E., Director

WaterResources
ENVIRONMENT/J. Clumrre'
November 30, 2016
Mr. Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
smreicuy
AY ZIMMERMAN
Director
Subject: Remission Request of Civil Penalty Assessment
West Stanly WWTP
NPDES Permit NC0043532
Case Number UV-2016-0215
Stanly County
Dear Mr. Davis:
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
faciiity. Your request will be scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
cc: Enforcement File wioriginals
Central Files wfattachments
Mooresville Regional Office wiattachments
ec: DWRJMRO Roberto Schuller troberto.Acheller@ncdemgovi
State of North Carohna I Environmental Quality Water Re01111201
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

STANLY COUNTY
if/:?tee; "43..idSodeeee,
1741/
4?) ,
14/4tef
ertnitti„ O'ty
November 22, 2016
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Remission Request
West Stanly WWTP
Pem-tit. No, NC0043532
Stanly County
Case No, LV-2016-0215
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to LV LV-2016-0215 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant
2 violations related to discharging wastewater into the waters of the state in violation of the
permit weekly and monthly average for DOD
Stanly County Utilities in operating the West Stanly wwrp is dealing with a facility in need of major
overhaul and repair. As efforts are being made to obtain funding and design the rehabilitation project,
operators have encountered issues that result in unintended violations. However, for both of the
violations listed adjustments were immediately made to correct the excessive levels of BOD. This facility
has been assessed other penalties this year related to similar issues. Unfortunately, these fines diminish
the amount of money Stanly County is able to use toward remediating issues in the interim as we prepare
for a major renovation.
Over the past two and a half years while working through the funding and regulatory process, Stanly
County Utilities has spent more than $120,000 in imrnediate and in some cases temporary repair to the
facility just to keep it functioning at reasonable level until the major rehabilitation is performed. Stanly
County is requesting a moderate amount of time and assistance from NC DEQ to complete the
modifications and to restore the plant to an acceptable level of efficiency and effectiveness in the
treatment process.
The West Stanly WWTP plant was purchased by Shanty County Utilities from the Town of Oakboro in
May 2014. This plant has a difficult history under its previous owner, the Town of Oakboro as well
during the course of the past 30 months in which Stanly County has owned and operated the plant. This
plant has over the years experiencea great deal of deferred maintenance and is currently functioning
well below its optimized capability. In the assessment performed before purchase Stanly County was
made aware of the major deficiencies at the treatment plant. These included severe operational and
PI 704.986.3686
F1704.986.3711
msayataniycouritync.gov
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

Case Number: LV-2016-0215
Assessed Party: Stanly County
Permit No.: NC0043532
JUST ICATION FOR REMISSION REQUEST
County: Stanly
Amount Assessed: 562,6.31
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 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 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 wrongfully applied to the
detriment of the petitioner (the assessment actors 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;
(c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions i.e., explain
how payment o the civil penalty will prevent ,you from performing the activities necessary to achieve
compliance).
E LANATION:
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of
major overhaul and repair. As efforts are being made to obtain funding and design the
rehabilitation project, operators have encountered issues that result in unintended violations,
However, for both of the violations listed adjustments were immediately rnade to correct the
excessive levels of BOD. This facility has been assessed other penalties this year related to
similar issues. Unfortunately, these fines diminish the amount of money Stanly County is able to
use toward remediating issues in the interim as we prepare for a major renovation.

STATE OF NORTH CAROLF:NA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
1Tt THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WWTP
PERMIT NO. NC0043532
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING ANI)
STIPULATION OF FACTS
CASE NO. LV-2016-0215
Having been assessed civil penalties totaling $626.34 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Qc:tober 27 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.
This the
day of
ADDRESS
Albtryt
TELEPHONE
log
20L.

PERM I:
FACILITY: t anly
IT VIOf 'f
532
ATTACH ENT A.
County
CASE NUMBER: LV-2016-0215
SAMPLE ATf uttff002 -E tiara
elation Report
Date MonthNr Para
5/221,#2 1 -- 16 f, Day (2
Corr ntr ti
Frequency
weekrrtglf
n
-201 3 8 0, 6-Day (20 Deg,
Concentration
Ur�it Lfrxrft
u 'rfra
REGION: r.vi
COUNTY:arffy
Calculated Over Violatf on Penalty
Viftt L'mit Type Amount
40.2
00
Average
Exceeded

Water Resources
ENVIRONMENTAL GUALITv
November 30, 2016
Mr. Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Remission Request of Civil Penalty Assessment
West Stanly WWTP
NPDES Permit NC0043532
Case Number LV-2016-0212
Stanly County
Dear Mr. Davis:
Director
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
facility. Your request will be scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
cc: Enforcement File wioriginals
Central Files wfartachments
Moaaville Regional Office w attacbrnerns
cc: DWRI1'1R0 Roberto Sheller [roberta.scheller@ncdermgov]
State of North Carolina I Environment& Quality Water Resources
1617 Mail Service. Center Raleigh, North Carolina 27699-1617
919-707-9000

STANLY COUNTY
kfaete. .(12/01„ gaccees„.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RECEIVED/NCDEOLDWR
NOV 22 2016
Water Quality
November22, 2016 Permitting Section
Subject: Remission Request
West Stanly WWTP
Permit No. NC0043532
Stanly County
Case No, LV-2016-021.2
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to IN LV-2016-0212 based on the temporary nature of the violation and it relation to
attempts to improve the operations ofthe
4 violations related to discharging wastewater into the waters of the state in violation. of the
permit daily maximum for chlorine
1 violation related to discharging wastewater into the waters of the state in violation of the permit
weekly average for BOD
1. violation related to discharging wastewater into the waters of the state in violation of the permit
weekly geometric mean for fecal coliform bacteria
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of major
overhaul and repair. As efforts are being made to obtain funding and design the rehabilitation project,
operators have encountered issues that result in unintended violations. However, for each of the
violations listed. adjustments were immediately made to correct the excessive levels of chlorine, BOD,
and fecal coliform bacteria. This facility has been assessed other penalties this year related to similar
issues. Unfortunately, these fines diminish the amount of money Stanly County is able to use toward
remediating issues in the interim as we prepare for a major renovation.
Over the past two and a half years while working through the funding and regulatory process, Stanly
County Utilities has spent more than $120,000 in immediate and in some cases temporary repair to the
facility just to keep it functioning at reasonable level until the major rehabilitation is ,performed. Sturdy
County is requesting a moderate amount of time and assistance from NC DEQ to complete the
modifications and to restore the plant to an acceptable, level. of efficiency and effectiveness in the
treatment process.
P 704.986.3686
Fl 704,9063711
wWw,51,anlysnuntyris,g0Y
Stanly County Utilities
1000 N. First Street, Suite :12, Albemarle, NC 2.8001.

The West Stanly WWTP plant was purchased by Stanly County Utilities from the Town of Oakboro in
May 2014..This plant has a difficult history under its previous owner, the Town of Oakboro as well.
during the course of the past 30 months 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
well below its optimized capability. In the assessment performed before purchase Stanly County was
made aware of the major deficiencies at the treatment plant. These included severe operational and
maintenance problemswhich resulted in a poorly functioning treatment system, severely hampered by
two non-functioning clarifiers and other system components operating at marginal effectiveness and
major issues with the associated McCoy's Creek pump station, All of these issues existedprior to
purchase in 2014.and should be on record with the Mooresville Regional Office from prior plant
inspections. Stanly County purchased the plant with the goal of making improvements and corrections to
the failing treatment plant as these corrections had not been made over the past decade or more.
In 2015,.Stanly County applied for funding from the North Carolina State Water Infrastructure Authority
and was awarded $2,648,894 in loan funds from the NC DEQ Clean Water State Revolving Fund. Stanly
County and its engineers are following the schedule imposed by the funding agency. On June 15, 2016,
Stanly County staff and engineers met with NC DEQ funding representatives and regulators on site at the
West Stanly WWTP to review the PER and to answer questions regarding the planned rehabilitation
activities. Amer that meeting, state officials requested some changes to the plan and authorized Stanly
County to initiate a full-scale engineering design of the improvements to the plant and pump station..
If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
//v/t4e AoaocAL_
Donna Lw. Davis, Director
Stanly County Utilities

Case Number: LV-2016-0212
Assessed Party: Stanly County
Permit No.: NC0043532
JUST ICATION FOR REMISSION REQUEST
County: Stanly
Amount Assessed: $1,001,34
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 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 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).
1
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment actors 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 t re 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 preventyou from performing the activities necessary to achieve
cornpliance).
EXPLANATION:
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of
major overhaul and repair. As efforts are being made to obtain funding and design the
rehabilitation project, operators have encountered issues that result in unintended violations.
However, for each of the violations listed adjustments were immediately made to correct the
excessive levels of chlorine, BOD, and fecal. coliform bacteria. This facility has been assessed
other penalties this year related to similar issues. Unfortunately,these fines diminish the amount
of money Stanly County is able to use toward remediating issues in the interim as we prepare for
a major renovation.

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WWTP
PERMIT NO, NC0043532
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. V-2016-0212
Having been assessed civil penalties totaling $1,001.34 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 24, 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.
This the
day of
be.,{
ADDRESS
)000 N I6 5i- e e
TELEPHONE

PERMIT: N 00 3 32
FACILITY: West Stanly
IT VrI Tt
SAMPLE LOCATION: rattan 002 A uent
Violation Report
Date nth/Yr Parameter
ATTACHMENT
Stanly County
NUMBER:CASE t `-211 -0212
REGION:Mooresville
COUNTY: tartly
Calculated °, % Over Violation
FrequencyMeasure Value Value Lirnit Type
12120/22015 12-2015 O0D,,5-Day (20 Deg.
C) - Concentration
week mg11 27 50 85,2
12/212015 12-2015 Chlorine, Total
Residual
eekiy
Average
Exceeded
week u/l 28 70
1210/2015 12-2015 Chlorine, Teta
Residual
12/2 f2015 12-201 Chlorine„ Total
Residual
1210015 12-2015 Chlorine, Total
Residual
12/25/2015 12.2015 Coliform, Fecal M w
FC Broth, 44.5
Penal
Amount
250,00
1,610,7 Daily Maximum
Exceeded
week._ ugl 28 212 557.1
00
Xweek ug,/l 28 71 15 .6
3 Xweek ugl 28 76 171:
3 Xweek 1100m1 400 752.90 90.7
Daily Maximum $100.00
Exceeded
Daily Maximum
Exceeded
00,00
ally Maximum
Exceeded
Weekly
Geometric
Mean
Exceeded
00.00
250.00

Water Resources
ENVIRONMENTAL QUALITY
November 30, 2016
Mr. Donna L. Davis, Diroetu�
Stanly County Utilities
1 000 N. First Street, Suite 12
Albemarle, NC 28001
Subject: Remission Request of Civil }
West Stanly WWTP
NPDES Permit NC0043532
Case Number LV-2016-0212
Stagily County
Dear Mr. Davis:
PAT MCCRORY
Goner, or
DONALD R. VAN DER VAART
Secretary
S. JAY Z tv MERMAN
alty Assessment
Director
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
facility. Your request will be scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
derek.denard@rtcdenr. gov.
Sincerely,.
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
cc: Enforcement File wforiginals
Central Files w/attachments
Mooresville Regional Office w/attac3 tents
ec: DWR/MRO Roberto Scheller[[e-mail]]
State of North Carolina ! Environmental Quality I Water Rurces
1617 Mail Service Center I Raleigh, North. Carolina 27699-1 617
919-707-9000

COUNTY
1441. /44 Affaf &ewe.
November 22, 2016
Wastewater Branch
Division of Water Resources
161 '7 Mail Service Center
Raleigh, North Carolina 277699;1617
Subject: Remission Request
West Stanly WWTP
Permit No, NC0043532
Stanly County
Case No. LV-2016-0212
iteteCEIVEDINC
tee,.
Water ottty
cii'ermittnp section
Dear Compliance Officer:
The West Study WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to IN IN-2016-0212 based on the temporary nature of the violation and it relation to
attempts to improve the operations of the plant.
4 violations related to discharging wastewater into the waters of the state in violation of the
permit daily maximum for chlorine
1 violation related to discharging wastewater into the waters of the state in violation of the permit
weekly average far BOD
violation related to discharging wastewater into the waters of the state in violation of the permit
weekly geometric mean for fecal coliform bacteria
Stanly County Utilities in operating the West Steady wwtp is dealing with a facility in need of major
overhaul and repair. As efforts are being made to obtain funding and design the rehabilitation project,
operators have encountered issues that result in unintended violations. However, for each of the
violations listed adjustments were immediately made to correct the excessive levels of chlorine, BOD,
and fecal coliform bacteria. This facility has been assessed other penalties this year related to similar
issues. Unfortunately, these fines diminish the amount of money Stanly County is able to use toward
rernediatirig issues in the interim as we prepare for a major renovation,
Over the past two and a half years while working through the funding and regulatory process, Stanly
County Utilities has spent more than $120,000 in immediate arid in some cases temporary repair to the
facility just to keep it -functioning at reasonable level until the major rehabilitation is performed. Stanly
County is requesting a moderate amount of time and assistance from NC DEQ to complete the
modifications and to restore the plant to an acceptable level of efficiencyand effectiveness in the
treatment process.
PI 704.986.3686
111 704.986„3711
www,staa1ycoutisyng4guy
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

The West Stanly WWTP plant was purchased by Stanly County Utilities from the Town of Oakboro in
May 2014. This plant has a difficult history under its previous owner, the Town of Oakboro as well
during the course of the past 30 months 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
well below its optimized csq ability. In the assessment performed before purchase Stanly County was
made aware of the major deficiencies at the treatment plant. These included severe operational and
maintenance problems which resulted in a poorly functioning treatment system, severely hampered by
two non-functioning clarifiers and other system components operating at marginal effectiveness and
major issues with the associated McCoy's Creek pump station. All of these issues existed prior to
purchase in 2014 and should be urn record with the Mooresville Regional Office from prior plant
inspections. Stanly County purchased the plant with the goal of making improvements and corrections to
the failing treatmentplant as these corrections had notbeen made over the past decade or more.
in 2015, Stanly County applied for funding from the North Carolina State Water infrastructure Authority
and was awarded $2,648,894 in loan funds from the NC DEQ Clean Water State Revolving Fund. Stanly
County and its engineers are following the schedule imposed by the funding agency. On June 1.5, 2016,
Stanly County staff and engineers met with NC DEQ funding representatives and regulators on site at the
West Stanly WWTP to review the PER and to answer questions regarding the planned rehabilitation
activities After that meeting, state officials requested some changes to the plan and authorized Stanly
County to initiate a full-scale engineering design of the improvements to the plant and pump stations
If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
/Mk, e /409,05-
Donna L. Davis, Director
Stanly County Utilities

Case Number: LV-2016-02I2
Assessed Party: Stanly County
Permit No.: NC0043532
ION FOR ' $SION ROUEST
County: Stanly
Amount Assessed: $11)01,34
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 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 he granted only when one or more of the following five factors apply,. Pleasc check each factor that you
believe applies to your case and provide a detailed explanation, including copies ofsupporting 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 wrongfully applied to the
detriment of thc petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environment& damage resulting from the violation, (Le, explain the
steps that you took to correct the violation andpreventfuture occurrences);
(c) the violation was inadvertent or a result of an accident (ie„ 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 paymen1 of the civil penalty will prevent you from performing the activities necessary to achieve
compliance),
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of
major overhaul and repair. As efforts are being made to obtain funding and design the
rehabilitation project, operators have encountered issues that result in unintended violations,
However, for each of the violations listed adjustments were immediately made to correct the
excessive levels of chlorine, BOD, and fecal coliform bacteria. This facility has been assessed
other penalties this year related to similar issues. Unfortunately, these fmes diminish the amount
of money Stanly County is able to use toward remediating issues in the interim as we prepare for
a major renovation,

STATE OF NORTH. CAROLINA DEPARTMENT OF ENVIRO MENTAL Qt ALITY
COUNTY OF STANLY
IN TI°IE NATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West StanlyWWTP'
PERMIT NO, NC004353;
WAIVER OF RIGHT TO AN
ADMINISTRATIVE REARING. AND
STIPULATION OF FACTS
CASE NO, LV- tll6 p I:
Having been assessed civil penalties tcatal.ing ).1.YO01,34 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 24, 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.
This the
day of
ADDRESS
TELEPHONE
, 20 1

PERMIT: NC0043532
FACILITY: West Stanly WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 002 - Effluent
Violation Report
Date Month/Yr Parameter
2/26/2015 12-2015 BOD, 5-Day (20 Deg.
C) - Concentration
± /2015 12-2015 Chlorine, Total
Residual
12Ci15 12-2015 Chlorine, Total
Residual
12/24/2015 12-2015 Chlorine, Total
Residual
12130/2015 12-2015 Chlorine, Total
Residual
12/26/2015 12-2015 Coliform, Fecal MF,
MFC Broth, 44.5 C
ATTACHMENT A
Stanly County
CASE NUMBER: LV-2016-021 .
REGION: Mooresville
COUNTY: Stanly
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
3 X week mgll2 7 �._.
I 50 85,2 Weekly
Average
Exceeded
28 47g 1,610.7 Daily Maximum
Exceeded
12 657,1Daily Maximum
Exceeded
3Xweek u
3 X week ugll 2
Penalty
Amount
$250,00
©.00
6
3 X week
._ 28 71 153.6 Daily Maximum $100 00
Exceeded
2t1 76 171.4 Daily Maximum $ 1 t1iJ,�0
i
Exceeded
3 X week
3 X week
ug11
400
90.7
Geometric
Mean
Exceeded
25C.00

Certified Mail # 7015 1520
Return Receipt Requested
Andy Lucas
Stanly County
1000 N lst Street, Suite 12
Albemarle, NC 28001
002 6984 7948
October 24, 2016
SUBJECT: Notice of Violation and. Assessment of Civil Penalty
for Violations of North. Carolina General Statute (G.S.) 143-21.5.
and NPDES WW Permit No. NC0043532
Stanly County
West Stanly WWTP
Case No. LV-2016-02.12
Stanly County
Dear Mr. Lucas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,001.34 ($900.00 civil penalty +
$101.34 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 December 2015. 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 December 201.5, are summarized in Attachment A to this letter.
Based upon the above facts, l 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, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional. Office hereby make the following civil penalty assessment against Stanly County:
State taf 'c r Carolina Cttrtirsrtatn nt Quality p Water Resources
610 i ast Cutter Avenue, Suite 301,ville, NC 28115
704-663-1699

400.00 4 of the 4 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 Daily Maximum for CHLORINE.
$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 BOD - Cone.
i250.00 1 of the 1 violations of 143-21.5,1(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 ECOLI BR.
$900,00 TOTAL CIVIL PENALTY
1O11.34 Enforcement Costs
1001.34 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), in determining the amount of the penalty l 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 Envirorunenta
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 ofthe 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
,forrn). 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-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 remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and infoini 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.
.1n order to request remission., you must complete and submit the enclosed "Request for R,emission of Civil Penalties„
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- 6 7

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must 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 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
tiling 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/Enforceinent Unit - Enforcement File

rFICATION FOR REMISSION REQUEST
Case Number: IN-2016- 212
Assessed Party: Stanly County
Permit No.: NC4043532
County: Stanly
Amount Assessed: 11,001.34
001.34
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 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 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 wrongfully applied 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
steps that you took to correct the violation and prevent future occurrences);;
xplain the
(c) the violation was inadvertent or a result of an accident (Le.,, explain why the violation was .rnc 'oidable or
something you could not prevent or prepare for);;
(d) the violator had not been
sensed civil penalties for any previous violations;
(e) payment of the civil penalty ,
how payment of the civil penalty
compliance).
EXP ANATI©N:
prevent payment for the remaining necessary remedial actions (i.e. , explain
prevent you from per forming the activities necessary to achieve

STATE }F NORTH CA.RO NA
COUNTY ` F STANLY
IN THE TTERO ASSESS NT
OF CIVIL PENALTIES TIES AGAINST
StanIy County
st Staidly WWTP
PERMIT NO NC0043532
D PAR NT OF 1 it 0 NTAL QUALITY
AIVER OF RIGHT TO AN
MINISTRATIVE HE
STEPULATION OFFACTS
CASE NO. EV-2016-0212
Having been assessed civil penalties totaling 001,34 for volatiorr(s as set forth in the assessment document of the
Division of Water Resources dated October 24, 2016, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated rtratter 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 subrnittd 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,
This the day
ADDRESS
SIGNATURE
TELEPHONE

PERMIT: NC0043532
FACILITY: West Stanly WWTP
LIMIT VIOLATIONS)
SAMPLE LOCATION: ©u all 002 Effluent
Violation Report
Date MonthlYr
12/26/2015 12-2015
Parameter
B©D, 5-Day (20 Deg.
C) - Concentration
12/212015 12-2015 Chlorine, Total
Residual
12/3/2015 12-2015 Chlorine, Total
Residual
12/24/2015 12-2015 Chlorine, Total
Residual
12/30/2015 12-2015
6/2015 12-2015
Chlorine, Total
Residual
Colifonn, Fecal MF,
MFC Broth, 44.5 C
ATTACHMENT A
Stanly County
CASE NUMBER: LV-2016-0212
REGION: Mooresville
COUNTY: Stanly
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
3mmX week mg/1
3 X week
3 X week ugll
27 50 85.2
Violation
Type
Penalty
Arnourbt
Weekly $250.00
Average
Exceeded
28 479 1,610.7 Daily Maximum $100.00
Exceeded
28 212 657.1 Daily Maximum $100.00
Exceeded
3 X week ug/I
3 X week ug/1 28
28
71
76 171.4
Daily Maximum $100.00
Exceeded
ally Maximum $100,00
Exceeded
3 X week /100m1 400
762,90 90,7 Weekly $250.00
Geometric
Mean
Exceeded

Certified Mai'
Return Recei
7015 1520 0002 8376 3279
Requested
April 7, 2016
Andy Lucas
Stanly County
1000 North 1st Street, Suite 12
Albemarle, NC 28001
SU!'• ECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0193 cr '
Permit No. NC0043532
West Stanly WWTP
Stanly County
Dear Mr. Lucas:
A review of the December 2015 Discharge Monitoring Report
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
002 Effluent Chlorine, Total Residual
(50060)
002 Effluent Chlorine, Total Residual
(50060)
Date
DMR for the subject facility revealed the
l :1)
Limit Reported
Value Value Type of Violation
12/2/2015
28 479 Daily Maximum Exceeded
002 Effluent Chlorine, Total Residual
(50060)
002 Effluent I3DD, 5-Day (20 Deg. C) -
Concentration (C0310)
002 Effluent
002 Effluent
Coliform, Fecal MF, M-FC
Broth,44 5C (31616)
12/3/2015 28 212 Daily Maximum Exceeded
12/24/2015 28 71 Daily Maximum Exceeded
2/26/2015 27 50 Weekly Average Exceeded
2/26/2015 400 762,89 Weekly Georg etric Mean Exceeded
12/0/2015 28 76 Daily Maximum Exceeded
Chlorine, Total Residual
(50060)
State ofNorttt Carolina Environmental Quality t titer Re csr
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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.
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:
htt ; ortal.ncdenr.or web w admin b u 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
rls
State of North Carolina I Environm.ental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 2811:3
704-663-1699

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Stanly County
Facility Name: West Stanly WWTP
Permit Number: NC0043532
County: Stanly
Case Number: LV-2016-02 2
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
4-rp40-14d
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;
74
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; compliance history was reviewed for the subject
facility for a 12- month period from December 2014 to November 2015. The following enforcement cases were noted
6/2015 — LV-2015-0225; 10/2015 — NOV-2015-LV-0109; 11/2015 — NOV-2015-LV-0143.
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time $ 33.78
1 hour supervisor time. ..$ 5256
Adrninistrativo staff cost.
Date
$ 15.00
Total Enforcement Cost $ 101,34
/-Sociit
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

Facility:
Parameter
Date
Date
Sup
Parameter
Parameter
arks:
Completed by:
Assistant Regional
Supervisor Sign Off:
DMR Review Record
Permit Pipe No.:
Monthly Average Violations
Permit Limit DMR Value
Permit Limit
WeeklylDaily Violations
Limit Type DMR Value
Monitoring Frequency Violglans
Permit Frequency Values Reported
Month[Year:
% Over Limit
Action
% Over Limit Action
T.
1, b1 7.
# of Violations Action
Date:
Date:
7"�of 1- nr-b4.141 Amt. A»1b
S 70,a 9' , I4%.
w
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Without $ Am