NC0043532_Enforcement_20161027

February 02, 2017
Mr. Andy Lucas
Stanly County
1000 N l st St Ste 12
Albemarle, NC 28001
ROY COOPER
Governor
MICHAEL S. REGAN
Seaway
S. JAY ZIMMERMAN
Dior
WOROS
Subject: Payment Acknowledgement
West Stanly WWTP
Permit NC0043532
Case No. LV-2016-0215
County Stanly
Dear Mr. Lucas:
This letter is to acknowledge receipt of payment in the amount of $626.34 received from you on
01/31/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and this ease 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 O. ce
State of North Carolina 1 Environmental Quali y j Wate Resources
6 0 East Centex Avenue, Suite 301, Mooresville, NC 28115
704-663.1699

ROY COOPER
Governor
S. JAY ZI.M ERMAN
Director
Water Resources
E 4V OP fi4INTAL QUALITY
January 5, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0828
RETURN RECEIPT RE[JESTED
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: IN-2016-021.5
for West Stanly WWTP
NPDES Permit NC0043532
Stanly County
Dear Ms. Davis:
In accordance with North Carolina General Statute 143-21 S.6A.(0, 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 (S626.34) 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 Medford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina ', Quality I Water Resource;
1617 Mail Service Center I Raleigh, North Carolina 27699- P 617
919-'707-9OOO

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 form(s) to:
Attn: Wren Thedtbrd.
NC DEQ Division of Water Resources,
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1.617
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 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.denard c4ncdenr.gov.
S incerel y,
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: IliWit*Ite Ok41
Enforcement File
Central Files

PPPPP.
DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2016-0215 Region: Mooresville County: Stanly
Assessed Entity: Stanly County Permit No.: N100043532
Assessment Factors
El (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED,
LI (b) Whether the violator pronipdy abated conti ning environmental damage resulting from the
violation:
NOT ASSERTED.
(c) Whether the violation was inadvertent or a result of an accident:
El (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED.
(c) Whether payment of the civil penalty will prevent payment for the remaining uecessary remedial
actions:
Permittee Assertion: Stanly County Utilities in operating the West Stanly WWTP is d,ealingwith 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
eoliform. 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/1, TSS 200 ing/1, NH3 30 mg/l. Analysis ofwaste from Enterprise Rendering
found BOD 4,), 1200 mg/1, TSS 1200 mg/I, NH3 (i/j) 200 mg/I, Waste hauling records from Enterprise
Rendering were not available to review for the months of April and May 2016, It was noted that West Stanly
WWTP received 46 loads of waste (294,357 gallons) from Enterprise Rendering during the month of March
2016.
DECISION (Cheek One)
Request Denied
Full Remission
Partial Remission
.)‹
Retain Enforcement Cost? Yes E No El
(Enter Amount)

VW.
NORTH CAROLINA
COUNTY OF STANLY
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case 'Number LV-2016-0215
IN THE MATTER OF ASSESSMENT'
OF CIVIL PENALTIES AGAINST:
STANLY COUNTY 'UTILITIES
WEST STANLY WWTP
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 will be reviewed by the Chaimian of the Environmental Management Commission and may be either granted or
denied,
Making a presentation will require the presence of .myself andlor my representative during a Committee meeting held in Raleigh,
North Carolina,.
• My presentation will be limited to discussion of issues and information submitted in ,my original remissiun requt, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar: Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a .representative capacity 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 Qpmion affects how you may
proceed with your oral presentation. See www,ticharconi/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion. 3.
If you are an individualindjduaI_orbusir 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: 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. 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 ifthe Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of 20
SIGNATURE
(President, Owner, etc)
ADDRESS
TELEPHONE (

STANLY COUNTY
���,/�� 3Fi l r Af#fjE iN,ti.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
November 22, 2016
Subject: Remission Request
West Stanly WWTP
Permit No. NC0043532
Stanly County
Case No, L.V-2016.0215
RECEIVEAIOV
22 2016
n
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 SOD
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 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 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,
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
P1704,986,3686
F 1704,986,3711
W.f,irntyn.v
Sternly County utilities
1000 M First Street, Suite. E2, Albemarle, NC 28001

Case Number: LV-2016-0215
Assessed Party: Stanly County
Permit No.: NC0043532
JUSTIFICATION FOR REMIISSION REQUEST
County: Stanly
Amount Assessed: $626.34
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-281.1(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 .e., explain the
steps that you took to correct the violation andpreventfisture 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 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 rernediating issues in the interim as we prepare for a major renovation.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WWTP
PERMIT NO. NC0043532
) WAIVER OF RIGHT TO AN
) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
)
) CASE NO. LV-2016-9215
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 October 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 ,A/10,11.iniceh
ADDRESS
3 a
Woo N
Mot
t-
TELEPHONE
r7q
, 20 Jf
00 f

PER m NC0043532
FACILITY:t Steely
CountyATTACH ENT A
S sly
CA E NU BER: OA-2016-0215
VIOLATION(S)
SA PEE LOCATION: tl 002 - 6 rat
Violation
Date nthfYr
eter
REGION:
Steely
Unit of tal cCalculated % Over Violation Penalqt
Frequency easure de1se Value Snit Type #.. taunt
1 201 a 5-2016 ROD, 5-Day (20 Deg 3 X week
l - Concentration
rt�l 13,5090 40.: Weekly
Average
Exceeded
016 5-201 -Day (20 Deg 3 . week mod
C) _ Concentration
00
1,10 23.4 Monthly 6375.
Average
Ex.., ded

ROY COOPER
Governor
S, JAY ZIMMERMAN
Director
Water Resources
I(MYLRQNNIATAL QUALITY
January 4, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0828
RETURN RECEIPT REQUESTED
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: IN-2016-9215
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 ($626.34) due and payable. Two options are available to you at.
this stage of the remission process:
) 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
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina 1 Environmental Quality Water Resources
1617 Mail Service Center Raleigh, North Caro Ma 27699 l617
919-7117-9000

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 form(s) to:
Wren Thedford
NC DENR Division of Water Resources
WQ Permitting Section - NPDES
161 7 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
tbr 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 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.denardgnedenr.gov.
Sincerel y,
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
Attachments: Director's Decision; Request for Oral Presentation form
Permittee's .Request for Remission
Waver of Rights to Administrative Hearing and Stipulation• f Facts
Pernittee's justification for Remission Request
cc .4:11WYMItii-R0 files
Enforcement File
Central Files

IFF°
Case Number: IN-2016-0215 Region: Mooresville Cou ty: Stanly
Assessed Enti
DWR — CIVIL PENALTY REMISSION FACTORS
Stanly County
Assessment Factors
Permit No.: NC0043532
El (a) Whether one or more of the civil penalty assessment factors were wrougly applied to the
detriment of the petitioner:
NOT ASSERTED.
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED.
(c) Whether the violation was inadvertent or a result of an accident:
El (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:
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
coliform 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 rem.ediating 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-201.6-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, N113 30 mg/I, Analysis of waste from Enterprise Rendering.
found BOD 4, 1200 mg/1, TSS @ 1,200 mg./.1, NH.3 @ 200 mg/. Waste hauling records from Enterprise.
Rendering were not available to review for the months of .April. and May 2016. It was noted that West Stanly
WWTP received 46 loads of waste (294,357 gallons) from Enterprise Rendering during the month of March
2016.
DECISION (Cheek One)
Request Denied
Full Remission
Partial Remission
E
Retain Enforcement Cost? Yes 0 No
(Enter Arnount)
an, Director Date

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF STANLY DWR Case Number IN-2016-0215
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST,
STANLY COUNTY UTILITIES
WEST STANLY WWTP
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Conunittee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I. assert that 1 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 andlor my representative during a Committee meeting held in Raleigh,
North Carolina,.
• My presentation will d to discussion of issues and information submitted in m original remissione t, and because
no factual issues are in dispute, my presentation will be limited to fie (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial, You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity 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 forrn 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.earrifethics, 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 Optnion 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 , 2.0
SIGNATURE
TITLE (President, Owner, etc,
ADDRES
TELEPHONE (

STANLY COLJNTY
ORTH G RA t:N,
g
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Nave rrrber22, 2016
Subject: Remission Request
West Stanly WWTP
Permit No. NC00443532
Stanly County
Case No. LV-2016-0215
F
NOV 22 2816
lity
ton
0
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty
assessed related to LV LV-2016-021.5 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 violate n of the
permit weekly and monthly average for 13OD
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 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 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.
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..ln the assessment performed before purchase Stanly County was
made aware of the major deficiencies at the treatment plant. These included severe operational and
704.986.3686
le l 704.986,3711
www,stontvcountync.gnv.
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

Pf.
Case Number: IN-2016-0215
Assessed Party: Stanly County
Permit No.: NC0043532
JUSTIFICATION FOR REMISSION REOUEST
County: Stanly
Amount Assessed: $626.34
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.i(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 andpreventfliture 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 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 yozifrom performing the activities necessary to achieve
compliance).
ATION:
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 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.

STATE OF NORTH CARO
COUNTY OF STANLY
A DEPARTMENT OF EONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
S' . my County
West Stanly WWTP
PERMIT NO. NC0043532
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-021
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 October 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 rnust 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 receiptof the
notice of assessment.
This the
day of JY 4V€iln lt/z
SIGNATURE
ADDRESS
000 N 1s4
, 20:-
be, VIA r
TELEPHONE
rod - 01,86,
00 I

PER"aNC0043 32
A LL,UTY, West St rfly
T VIOL T
SA PLE LOCATION: 0 all002 nt
Violation
Dateors "r Parar
ATTACH,<ENT
Sturdy Count
CASE NUe LV-2016-0215
oo ville
COUNTY: Stanty
Unit a Ll iLCalcula;
Frequency asure Value Value
1/2016 5-2016 ROD, 5-Day (20 Deg 3 X week
C).m Concentration
016 5-2016 BCD, 5-Day (20 Deg 3 X week
Concentration
Over Violation Penalty
ount
unit Type
50
90
40
23:4
WWeekly
Average
Exceeded
$16000
Monthly
Average
Exceeded

Pat McCrory
Governor
North Carolina Department of Environmental Quality
k
Donald van der Vaart
Secretary
MEMORANDUM
TO: D, Denard
FROM: Roberto ScheUer
THROUGH: W. Corey Basinger, Regional Supervisor
DATE: December 5, 2016
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0043532
Stanly County/West Stanly WWTP
Stanly County
Case Number LV-';-±0-0215
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 following 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/I, TSS 1200 mg/I, NH3 200 mg/I, Waste hauling records
from Enterprise Rendering were not available to review for the months of April and May 2016. It was
noted that West Stanly WWTP received 46 loads of waste (294,357 gallons) from Enterprise Rendering
during the month of March 2016.
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 Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] I Fax: [phone] Customer Service: 1-877-62'3-6748
Internet: www,ncwaterquality.arg
A
runJ Affirmative Action Employee — 50% RecycludrIO°/0 Post Consumer paper

Case Number: LV-2016-0215
DWQ — CIVIL PENALTY REMISSION FACTORS
Region: Mooresville County: Stanly
Assessed Entity: Stanly County Permit: NC0043532
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
(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;
L (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 mg/I. Analysis of waste from Enterprise Rendering found BOD @ 1200 mg/I, TSS @
1200 mg/I, NH3 @ 200 mg/I. Waste hauling records from Enterprise Rendering were not available to review for the
months of April and May 2016. It was noted that West Stanly WWTP received 46 loads of waste (294,357 gallons)
from Enterprise Rendering during the month of March 2016,
A 5-year review period from May 2011 to April 2016 was reviewed and the following violations were noted:
05-2012 — LM 2012-0023
07-2012- NOV-2012-0023
12-2013 — NOD-2014-LV-0040
02-2015 — NOV-201 5-LR-0032
06-2015 — LV-2015-0225
10-2015 — LV-2016-0086
Regional Recommendation (Check One)
Request Denied Full Remission
11-2015 — LV-2016-0090
12-2015 — LV-2016-0212
01-2016 — LV-2016-0153
02-2016 —LV-2016-0154
Partial Remission ri
Central Office Recommendation (Check One)
Request Denied El Full Remission E
Partial Remission

Director's Decision (Check One)
Request Denied L Full Remission
Partial Remission
Amount Remitted $
Date Charles akild, P.E., Director

ENTERPRISE RENDERING
DATE TIME GALLONS
63'M
SIGNITURE

ZCIc 47-t
ENTERPRISE RENDERING

Certified Mail # 7015 1520 0002 8386 7793
Return. Receipt Requested
September 26, 2016
Ms. Donna Davis, Utility Director
Stanly County
1000 North 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT I : NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0530
Permit No. NC0043532
West Stanly WWTP
Stanly County
Dear Ms. Davis:
A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violations):.
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
002 Effluent BOD, 5-Day (20 Deg. C) - 5/21/2016 13.5 18.93 Weekly Average Exc
Concentration (C0310)
002 Effluent BOD, 5-Day (20 Deg. C) - 5/31/2016 9 11a11 Monthly Average Exceeded
Concentration (C0310)
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 (s25,000.00) 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.
of North Carolina I Environmental Quality ( Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-66- f 699

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:
http://portal.ncdenr.org/web/wq/admin/bog/ipufedmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality ! Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Water Resources
ENVIRONMENTAL almtrrY
November 30, 2016
Mr. Donna L. Davis, Director
Stanly County Utilities.
1000 N, First Street, Suite 12
Albemarle, NC 28001
Subject: Remission Request of Civil Penalty Assessment
West Stanly WWTP
NPDES Permit NC0043532
Case Number LV-2016-0215
Stanly County
Dear Mr. Davis:
S. JAY
ecrelarr
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@ncdenr, gov,
Sincerely,
Derek C. Denard, Environmental Speciali
Compliance & Expedited Permitting Unit
Division of Water Resources
cc: Enforcement File w/originals
Central Files w/attachments
Mooresville Regional Office w/attachments
ec: DWR/MRO Roberto Scheller [roberto.achellerr ncdienr°.gov]
State of North Carolina 6 'Envi m ital
1617 Mail Service Center k °Raleis, Nr
919-707-9000
urces
617

Woe". .)4
Wate' '
t QUer rrNtri, tty
"9 SeCtior)
November 22, 2016
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Remission Request
West Stanly WWTP
Permit 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 F3OD
Stanly County Utilities in operating the West Stanly wwtp is dealing with a facility in need of inajcr
overhaul and repair. As efforts are being made to obtain ftinding 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 BOP, 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 tetnporary repair to the
facility just to keep it functioning at reasonable level until the major rehabilitation is perfomied. 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 Stant), 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 Oakhoro as well
during the course of the past 30 months in which Stanly County has ow-ned 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
PI 704.986,3686
PI 704,9863711
Stant), County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

Case Number: LV-2016-0215
Assessed Party: Stanly County
Permit No.: NC0043532
ST CATION F R SSION
EST
County: Stanly
Amount Assessed: $62634
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 Fact? 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 rnay 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(e), 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 we 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 andpreventfiilure occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION
Sturdy 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 made to correct the
excessive levels of BOD. This facility has been assessed. other :penalties this year related to
similar issues. Unfottmately, these fines diniinish 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 ENVIRONMENTAL QUAUTY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WWTP
PERMIT NO. NC0043532
WAIVER OF 'RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO, IN-2016-021.
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 October 27, 20,16, 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
dayof ji
ADDRESS
TELEPHONE

PERMIT: NC00435
FACILITY:West Sternly
lVIOLATION(S)
E LATl O N: Ou
Violation Re
Date
01 5-2016
002 ® Effluent
eter
�mm
OD, -Day (20 Deg.
} Concentration
16 20 6 BOD, 5-Day (20
Concentration
ATTACHMENT
Steely County
CASE NUMBER: W-2016-0215
REGION:
COUNTY:
kdOWSVI
oral
y
Unit of Limit Calculated Over Violation
Frequency Measure Value Value Limit Type
0.2 ',Meekly
Average
Exc ed
meek
Penalty
punt
50.00
0 2 4 Monthly $375.00
Average
Exceeded

Vitater Resources
KINVIROMMISPITAL QUALITY
Mr, Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
Dear Mr, Davis:
PAT MCCRORY
GOVeryror
DONALD R. VAN DER VAART
secretary
S. JAY ZIMMERMAN
Direceor
November 30, 2016
Subject: Remission Request of Civil Penalty Assessment
West Stanly WWTP
NPDES 'Pernik NC0043532
Case Number LV-2016-021. 5
Stanly County
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.
lf 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 w/originals
Central Files wtattachments
Mooresville Regional Office wiattachments
ec. DWRIMR0 Roberto Scheller froberto:[e-mail]
State of North Carolina Environmental Quality Water Resources
1617 Mii Service Center Raleigh, North Carolina 27699-1617
9 I 9-707-900'0

STAND' COUNTY
,4, lad, &ewe,
November 22, 2016
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Remission Request
West Stanly WWTP
Permit No. NC0043532
Stanly County
Case No, LV-2016-02.15
RECEikEDN
NOV 2 2 20i,
ity
ction
Dear Compliance Officer:
The West Stanly WWTP (Stanly County Utilities) would like to request remission of the civil penalty.
assessed related to LV IN-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 BOD
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 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 Stant), 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 $1.20„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 DEO 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 Stanly County Utilities from the Town of Oakboro in
May 2014. This plant has a difficult history under its previous owner. the Town of Oakbaro 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
P1704986,3686
F1704,9863711
..nunkggy
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NIC 28001

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-2016-0215
Assessed Party: Stanly County
Permit No.: NC0043532
JUSTIFICATION FOR REMISSION REQUEST
County: Stanly
Amount Assessed: $626.34
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 civilpenalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for):
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial. actions (i.e., explain
how payment of the civil penalty will prevent youfrom 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 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.

STATE OF NORTH CAR©MINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Sta i:ly County
West Stanly WWTP
PERMIT NO. NC0043532
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
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 October 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
an�I
WO 0 N
,20 /�4.7
NATURE
LA
. ti�
TELEPHONE
Uq.

PER IT: NC0043532
FACLITY: West Stanly
LIMIT VIOLATION(S)
ATTACHMENT A
Sturdy County
CASE NUMBER: EV-2016-0215
SAMPLE LOCATION: Owes 002 - Effluent
REGON: ooresville
COUNTY: tasty
Violation Report Unit of Limit Calculated % Over Violation
Date Month/Yr Parameter Frequency Measure Value Value Limit Type
- —
5/21/2016 5-2016 POD, 6-Day (20 Deg 3 X week
C) - Concentration
mgil
13,50 18,.90 40,2 Weekly
Average
Exceeded
5/31/2016 5-2016 BCD, 5-Day (20 Deg, 3 X week mg 1
C) - Concentration
Penalty
ount
$150 00
11 10 23 4 Monthly $375.00
Average
Exceeded

Certified Mail # 7015 1520 0002 6984 7962
Return Receipt Requested
October 27, 2016
Andy Lucas
Stanly County
1000 N 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT: Notice of Violation and Assessment of Civil. Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0043532
Stanly County
West Stanly WWTP
Case No, LV-2016-021,5
Stanly County
Dear Mr, Lucas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $626.34 ($525.00 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 May 2016. This review has shown the subject facility to be in violation of the
discharge limitations and/or monitoring requirements found in .NPDES WW Permit No. NC0043532. The -violations, which
occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Stanly County violated the terms, conditions or requirements
of NPDES WW Permit No. NC0043532 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In
accordance with the maximums established by G.S. 143-215.6A(aX2), a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Stanly County:
State of North Carolina I Environmental Quality j Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$375.00 1 of the 1 violations of 143-215J(a)(6) and Permit No.NC0043532, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc..
$150.00
the waters of the State in violation of the Permit Weekly Average for BOD Cone,
1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water
$525.00 TOTAL CIVIL PENALTY
$101.34 Enforcement Costs
$626.34 TOTAL AMOUNT DUE
Pursuant to G.S..143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are;
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which the Env ironrctental
Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
Within thirty P0) days of receipt of this notice, you must do one of the following;
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of;.
Wastewater Branch
Division of Water Resources
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 assessinent 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 inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payinent, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you corn Ie e and submit the encloReueLfr.jiijsion 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
16.17 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative HearinEs:
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
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as fo11ows
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

PERMIT: NC0043532
FACILITY: West StanlyP
ATTACHMENT A
Stanly County
CASE NUMBER: LV-2016-0215
REGION: Mooresvill
COUNTY: Stanly
VIOLATIONS)
SAMPLE LOCATION: Outlet tt0 - Effluent
Violation Report
Date M nt /Yr Parameter
5/ 11 010 - 016 BOD, 5-Day 0 Deg;
D) v. Concentration
elated Over Violation Penalty
Frequency Measure Value Value rnit, Type Amount
week 0 .90 40,2 kly 150.00
010 5-2016 BOO, -Day (20 Deg week
n Concentration
Average
Exceeded
Monthly
Average
Exceeded

Case Number: LV-2016-0215
Assessed Party: Stanly County
Permit No.: NC 0043532
JUSTIFICATIONJUSTTFICATIONFOR R1M1SSION REQUEST
County: Stanly
Amount Assessed: $626.34
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, andStipulation 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 explain the
steps that you took to correct the violation andpreventfiaure 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 rernaining necessary remedial actions i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF ST
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Stanly County
West Stanly WWTP
PE
T NO. NC0043532
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
AD STRAT HE G AND
STIPULATION OF FACTS
CASE NO. LV2016-0215
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 October 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 , 20
ADDRESS
SIGNA
TELEPHONE

Facili
Parameter
DMR Review Record
Permit No.: Pipe No.:
Monthly Average Violations
Permit Limit DMR Value
MonthlYear: al7S
% Over Limit
WeekiylDaily Violations
Date Parameter Permit Limit Limit Type DMR Value % Over Limit
Action
Action
Monitoring Frequency Violations
Date Parameter Permit Frequency Values Reported # of Violations Action
iolations/Staff Remarks: E- tiOr1t%. rz
Supervisor Remarks:
Completed by:
Assistant Regional
Supervisor Sign Off:.
Date:
Date:
Regional Supervisor Sign
Off:
Date:
2/3/2016, 1:17 PM DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENALT`' ASSESSMENT
Violator: Stan lT County
Facility Name: West Stanly WWTP
Permit Number: NC0043532
County: Stanly
Case Number: LV-2016-0215
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;
414_,
The duration and gravity
violation;
t on ground or surface water quantity or qua
4) The cost of reef
ing the damage;
5) The amount of money saved by noncompliance;
or on air quality;
her the violation was committed willfully or intentionally;
C sa ed+
7) The prior record of the violator in complying or failing to comply with programs over which the
Environment Management Commission has regulatory authority; a 12-month compliance review period, from
May 2015 to April 2016, found the following violations:
06/2015 — Weekly Ave BOD, Monthly Ave BOD, 3 - Weekly Ave NH3 as N, Monthly Ave NH3 as N, Daily Max DO,
LV-2015-0225
07/2015 — Daily Max Fecal Coliform, NOV-2015-LV-0623
10/2015 -- Weekly Ave 8OD, Weekly Geo Mean Fecal Coliform, Weekly Ave TSS, LV-2016-0086
11/2015 — Weekly Ave BOD, Monthly Ave BOD, 2 - Weekly Ave TSS, Monthly Ave TSS, 2 — Weekly Geo Mean
Fecal Coliform, Monthly Geo Mean Fecal Coliform, 2 -- Daily Max. Total Residual Chlorine, Monthly Ave NH3 as N,
LV-2015-0090
12/2015 — Weekly Ave BOD, 5 — Daily Max Total .Residual Chlorine, Weekly Geo Mean Fecal Coliform,
NOV-2016-LV-0193
01/2016 — 2- Weekly Ave BOD, Monthly Ave BOD, Weekly Geo Mean Fecal Coliform, 2- Weekly Ave TSS, Monthly
Ave TSS, LV-201.6-0153
02/2016 2- Weekly Ave BOD, Monthly Ave ': OD, Weekly Geo Mean Fecal Coliform , Weekly Ave TSS, Monthly Ave
TSS, LV-2016-0154

8) The cost to the State of the enforcement procedures.
Enforcement Cost,
1 hour staff 33.78
1 hour supervisor 52.56
Administrative staff 15,00
Total Enforcement Cost $ 101_34
Date
W. Corey Basing r, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ