NC0043532_Enforcement_20170130

Mr. Andy Lucas
Stanly County
1000 N l st St Ste 12
Albemarle, N001
Dear Mr, f,uas.
ROY COOPER
April , 2017
IC
JAY ZIMMERMAN
Nit r
Subject: Payrrient Acknowledgement
West Stanly TP
Permit NC0043532
Case No. LV-2017-0038
County Stanly
This letter is to acknowledge receipt of pay in nt in the ; ;front of 3 34 received from you on
04/03/ 01 It 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 Intare action by this Division for.
additional violations of the applicable Statues, Regulations, or Permits,
If you have y questions,pleasecontact Wren Thedford at 1--637.
Central Files
NPDES
Mooresville RegionaRegional fi;e
Sine ely,
State of North Resources
610 East Center Av ue, sue0 t , NC" 28115
70-663-1699

Certified Mail # 7015 1520 0002 6878 2219
Return Receipt Requested
January 30, 2017
Ms. Donna Davis, Utility Director
Stanly County
1000 North 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,
and NPDES WW Permit No. NC0043532
Stanly County
West 'Stanly WWTP
Case No. EV-2017-0038
Stanly County
6
ROY COOPER
Governor
MICHAEL S. REGAN
sevadry
S. JAY ZIMMERMAN
etre:tor
Dear Ms. Davis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $351.34 ($250.00 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 August 2016. This review has shown the subject facility to be in violation of
the discharge limitations andfor monitoring .requirements found in NPDES WW Permit No. NC0043532, The violations,
which occurred in August 2016, are summarized in Attachment A to this letter.
Based upon the above facts., 1 conclude as a matter of law that Stanly County violated the terms, conditions or requirements
of NPDES WW Permit No. NC0043532 and G.S, 143,215,1(a)(6) in the manner and extent shown in Attachment. A. In
accordance with the maximums established by G,S.143-215.6A(a)(2), a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Stanly County:
State of North Carolina Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7041-663-4699

$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 - Conc.
250.00 TOTAL CIVIL PENALTY
$10,1.34 Enforcement Costs
$351.34 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in detennining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at Ci.S. 14313-282.1(b), which are:
() The degree and extent of harm to the natural resources of the State, to the public health; or to private property
resulting froth the violation;
(2) The duration and gravity of the vh)lation;
(3) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the damage;
(5) 'Mc amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
() The prior record of the violator in complying or failing to comply with prograrns over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(I ) 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 die Department of Environmental Quality (do not include wanton
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 27699-161 '7

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-2821(b) was wrongfully
applied to the detriment of the petitioner;
(.2) whether the violator promptly abated continuing environmental damage resulting from the violation,
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been. assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will. prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing, The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties„
Waiver of Rigit to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resourcps also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for n admini
n with the Office of Administrativeati
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 ancUor 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 ,ofthe 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
dateltiine 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 roberto,schel.ler4nedenr,gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cr: WQS Mooresville Regional Office Enforcement File
NPDES CompliancetEnforcement Unit - Enforcement File

Case Number: LV-2017-0038
Assessed Party: Stanly County
Permit No.: NC0043532.
JUSTIFICATIONTOR REMISSION RE UEST
County: Stanly
Amount Assessed: $135 .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 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 the petitioner (the assessment factors are listed in the civil penally 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 (Le., explain why the violation was unavoidable or
something you could not prevent or prepare for):
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment. for the remaining necessary remedial actions explain
how payment of the civil penalty viil prevent you performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE E OF NORTH CAROIJNA DEPARTMENT F ENV `1R.ONMI NTAf QUAF I I'Y
COUNTY T OF STA. I~Y
tvFATPER O1 ASSESSMENT
OF CIVIL PENALTIES AGAINST
Sturdy County
West Sturdy VIIWTP
PERMIT NO. NC0043532
WAIVER OF RIGHT TO AN
ADMINISTRATIVE E HLA'
STIPULATION F FACTS
CASE NO. TV-2017-0038
HavMg been assessed civil penalties tcattaliam 3,51.34 for v iation(s) as set forth in the as essmerit document of the F ivision
of Water Resources dated January 30, 20117, 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 rerni.ssi0n of this civil
penalty must be submitted to the Director of the I ivisia n of Water Resources within thirty (3 `days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (0) days from the receipt of time
notice of assessment
This the
of
ADDRLS
SIt 1v ATURI
EPfI(NI:

PERMIT: NC0043532
ATTACHMENT A
Stanly County
FACILITY: West Stanly TP
T VIOLATION(S)
SAMPLE LOCATION: al 002 - Effluent
Violation Report
Date Month[Yr, Parameter
811 /2016 8-2016 BCD 5-Day (20"leg;
Concentration
CASE NUMBER: L '- O1 -1
0
Unit of
Frequency Measure
week_. mg/1
u
0
REGION: MooresvMooresville
COUNTY: Stanly
Calculated ° Over Violation Penalty
Value Limit Type Amount
tg.7 i _45 . _ Weekly 2 0.00
Average
Exceeded

Certified Mail # 7015 120 0002 687 21 9
Return Receipt Requested
December 7, 2016
Ms. Donna Davis, Utility Director
Stanly County
1000 N 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0642
Permit No. NC0043532
West Stanly WWTP
Stanly County
Dear Ms. Davis:
A review of the August 2016 Discharge Monitoring Report (DMR) for the subje
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
facility revealed the violation(s)
Limit Reported
Date Value Value Type of Violation
002 Effluent BOD, 5-Day (20 Deg. C) - 8/13/2016
Concentration (C0310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to
more than twenty-five thousand dollars (525,000.00) may be assessed
to act in accordance with the terms, conditions, or requirements of any
143-215.1.
9.67 Weekly Average Exceeded
noted violation of North Carolina General
G.S. 143-215.6A, a civil penalty of not
against any person who violates or fails
permit issued pursuant to G.S.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
State of N.
610 East
nrr ntal Quality 1 " ater Resources.
Avenue, Suite 301, Mooresville„ NC 2811.5

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.orgiweb/wq/adminibogiipu/edmr.
Ifyou have any luestions-concerning-this—rn-atter-oft-o-apply fOr an SOC, please conta -RObertti-Stheller of"-- the Mooresville Regional Office at 104-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional c Enforcement File
NPDES Unit_-_,EnfOrcpment File
State of North Carolina I Environrnenta1QnahtyIWaxeTResounes
610 East Center Avenue, Suite 301, Mooresville, NC 28115

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Roberto Scheller
NC DEQ
Water Resources
610 East Center Avenue
Suite 301
Mooresville, NC 28115
Subject:
December 15, 2016
Response to Notice of Violation & intent to Issue Civil 'Penalty
NOV-201.640642
Permit No. NC.0043532
West Stanly WWTP
Stanly County
Dear Mr, Scheller:
Stanly Couny Ut1ities would like to respond to the Notice of Violation & Intent to issue Civil Penalty
for NOV-20' -0642 based on the temporary nature of the violation and it relation to attempts to
improve the opetions at the wastewater treatment plant.
During the 1-veek of 08/08/16, the West Stank, wwtp had significant rain event after a fairly long
dry period.. This flushed the accumulated solids in the collection system to the plant in a very
short time. The plant experienced a peak flow of 1 190 gpm and sustained flow above or near the
clarifier capacity for 3 days. Also, the plant. had been maintaining a high MISS (5800mg/L) to
try to control de -nitrification in the clarifier. 'Fhe plant since reduced our ..MESS to less than
2800mg/l. with good results,
Stanly County Utilities in operating the West Stanly ww-rp 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 the violations listed
adjustments were immediately made to correct the problem. 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
pump station and treatment 'facility just: to keep it functioning at reasonable level until the major
rehabilitation is performed. Stably 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.
704.986.3686
704.986,3711
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 30months 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 funetioning treatment system, severely hampered by
to non functioning clarifiers and other system components operating at inarginal effectiveness and
major issues Nvith 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 nore,
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 DFQ funding representatives and regulators on site at the
West Stanly WW-FP 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,
(
AAA A,/ai,A-08
Donna. L. Davis, Director
Stanly County Utilities

DIVISION OF WATERRESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Stanly County
Facility Name: West Stanly WWTP
Permit Number: NC0043532
County: Stanly
Case Number: LV-2017-0038
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;
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2) The duration and gravity of the violation;
6.2c 0.2
n ground or surface watr quantity or quality or on air quali
4) The eost of ttifying the damage;
5) The amount of money saved by pliance;
6) Whether the violation was committed willfully or in
-14,--*
ionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority. During a 12-month review (August 2015
through July 2016) the subject facility reported the following violations:
05-2016 Monthly Ave BOD, Weekly Ave BOD - LV-2016-0215
02-2016 Monthly Ave BOD, Weekly Ave BOD, Monthly Ave Total N, Monthly Ave TSS, Weeklv Ave TSS
LV-2016-0154
C.4e-da,(7
01-2016 Monthly, Ave BOD, Weekly Ave BOD, Weekly Geo Mean Fecal, Monthly Ave TSS, 2-Weekly Ave TSS,.
LV-2016-0153
1.1-2015 Outfall #001 - Monthly Ave BOS, Weekly Ave BOD, 2-Weekly Geo Mean Fee , Monthly' Geo Mean
Fecal, Monthly: Ave. Total N, Weekly Ave TSS
Outfall #002. - Monthly Ave BOD, Weekly Ave BOD, Daily Max C12, Monthly Geo Mean Fecal, Weekly
Geo Mean Fecal, Monthly Ave TSS, 2-Weekly Ave TSS, - LV-2016-0090

8) The cast tar the State of the enforcement procedures.
Enforcement Cost;
1 hour staff 33.78
1 hour supervisor time.,.. ., 5.56
Administrative staff post . ....... ............ ...... 15.00
Total Enforcement Cost 101,34
W. Corey Basinger, Regional Supe isor
tenter Quality Regional Operations erection
M ooresvi le Regional Office
"icr
Division Of Water Resources,CUDQ