NC0044024_Enforcement_20100803

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Envronment and Natura Resources
Division of Water Quality
Celeen H. Sullins
Drector
August 3, 2010
CERTIFIED MAIL 70092250 0004 3265 7473
RETURN RECEIPT REQUESTED
Mr. Raymond Alen, City Manager
City of Albemarle
Post Office Box 190
Albemarle„ North Carolina 28002
Dear Mr.11en:
Dee Freeman
Secretary
SUBJECTNotice of Violation and Assessment of Civil.
Penalty .for Violations ofNC. General Statute
143-215,1.0)(6) and NPDES Permit No. NC0044024
Highway 52 \VTP
Stately County
Case No. EV-2010-0248
This letter transmits a 'Notice of 'Violation and assessment of civil. penalty in the amount of
5E083.71 (51,000,00 civil penriltv 581.71 enforcement costs) against the City of ,Albemarle.
This assessment is based upon the following facts: A review has been conducted of the self: -
monitoring data reported for March 2010. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No, NC0044024. The violations are summarized
in Attachment A to this letter.
Based upon the above. facts. I conclude as a matter of law that the City of Albemarle violated
the terms, conditions, or requirements of NPDES Permit No, 1C0044024 and North Carolina General
Statute (6,S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maxiiriums established hy 143-'215,6A(a)r21,
Based upon the above findings of fact and conclusions of taw, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, I, Robert R. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessinent against the City of
Albemarle:
Mooresville Petitonal CAttce
Location: 610 East Center Ave Suite 301 Mooresville, NC 28115
Phone: [phone] FOx (7404) tir33-6040 +, Customer Sernceo 1-817-623-8748
tr,ternet htterriportal.ncdertroroveurwq
Ar, Ed ODPOrtunity kAffirrnoNve klon 31)% Recyciedi10% Post' Cittmeiiit penes
One
orthCaro. ma
Nall/rally

7f0
For 1 f the one (1) violation of (IS, 143-215, I al(6) and
NPDES Permit N. NC0044024. by dischar2ing, \kaste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids TSS).
Fi 1 of the One (1) violation of ( S. 43-215, 1( a)(6) and
NPDES Permit No, NC00440:24, 17v dischar2in2 waste into the
waters of the State in violation of the permit monthly average
effluent limit tear TSS,
1,000.00 TOTAL, CIVIL PENALTY
83..7 Enforcement cos
L083.71 TOTAL AMOUNT DUE
Pursuant to G.S, 143-215.6A(c), in determining the amount of the penalty 1 have taken into '<iccount the
Findings of Fart and Conclusions of Law and the factors set forth at G.S. 14313-282.1CP), which are:
(1) The degree and extent of harm to the natural resources of the St ato, t- the public health, or to
private property resulting from the violations;
(2) The duration and g,ravity of the violations;
(3) The effect on ground or surface water quantityor quality or on air quality;
(4) '.Ehe cost of recli f,ing the damage;
() The amount of money saved by noncompliance;
(6) \Vhether the violations \'ere committed willfully or intentionally;
Trhe prior record of the viokitor in complying or 'failing to eamply with programs over which
the Envirotunental Manageinent Commission has regulatory atnhority; and
(8) The cost. to the State of the enforcement procedures,
'Within thirtyhays of•iccipt of this notice, .iou must do one of the following:
Subrnit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and 'Naturztl
Resources (licio not include icaiveribrinf Payment of the penalty will not f,..-)reclose further
en forcernent action for any COIllilluifflz or new violatioil(s)„
Please submit payment to the attention of:
Point Source Comptiance/Emforeernent Unit
Division of Water Quality
1.617 Mail Service Center
Raleigh, North Carolina 27699- 1.617
OR

2. Submit a written request for remission 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 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 th.a.t 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 Quality at theaddress listed
below. In determining whether a remission request will be approved, the following factors shall be
considered:
(1)
(3)
(4)
(3)
whether one or more of the civil penalty assessment factors in G.S. 143B-2821(b) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing, environmental damage resulting :from
the violation;
\vhether the violation was inadvertent or a result of an accident;
.whether the violator had been assessedcivil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining: necessary
remedial actions,
Pleasenote that all infOrrnation presented in support of our request for remission must be
submitted in \vriting. rfhe Director of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request, The response will provide details
regarding ease status, directions for payment, and provision for further appeal of the penalty to the
Environmental Nlanagement Commission's Committee on Civil Penalty Remissions (('ommittee),
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
complete and thorough statement in support of your request -for remission,
Iti order to request remission, you must complete and submit„ the enclosed "Waiver of Right to
an Ad.minstrative Hearing and Stipulation of Facts" form within thirty (30) cla,is ofreceipt of this
notice. The Division of \\Tater Quality also requests that you complete and submit the enclosed
"Justification for Remission 'Request." Both forms should be subinitted to the following address:
Point Source Compliancellnforcement Unit
Division of Water Qu.alny
1617 _Mail Service Center
Rale-42h, North Carolina 161
OR
3. File a petition for an administrative hearing with the Offke of .Administrative Hearings:

If you ‘vish to contest any statement in the attached assessmentdocument you must fide a
petition. for an administrative hearing_ You may c)btain the petition fon-II from the Office of
Administratbve Hearings. You must file the petition with the Office of Ad.rninistrative Hearings
within :thirty (30) days of receipt of this notice. A petition is considered filed when .is received in
the Office of Administrative Hearings during normal office hours,. The Office of Administrative
Hearings accepts filings Monday through Friday betweei . the hours of 8:00 a„in. anC15:00
except for official state holidays. The petition m„ay be filed by facsimile (fax') or electronic mail 1 an
attached rile (with restrictions) - provid.ed the sighed original, one (1) copy and a tiding fee it a tiling
fee is required by NCGS §15C(B-23.2) is received in the Olifice 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 regardinv, the filing fee and/or the (letaiis of the
filing process.. 'The mailing address and telephone and fax numbers for the Office of .Administrative
Hearings are as :follows:
Office of Administrative tlearings
6714 .Mail Service Center
R.aleigh, NC 276.99-6714
Tel: [phone], Fax: (919). ,43.1 -3100
One (1.) copy of the petition must also he served on i)F\ R i f011ows:
Mary Penny T.horripson, General Counsel
DENR.
1.601 Mail Service Center
Raleigh, NC 2769.9-160i
Please indicate the case number tas fbundon page one of this letteT) on the petition,
Failure to e,xercisc one of the options above within thirty C30) days ot receipt of this notice, as
evidenced by an internal date/time received stamp enot a postmark), will result in :this matter being,
referred to the Attorney, General's °III ce :for collection, of the penalty through. a civil actio.n.
PleaSe be advised that additionalpenalties may he assessed .for violations that occur after file
review period of this. assessment. If the violations are of a continuing natuie'. not related to operation
andlor maintenance problems_ and vou anticipate remedial construction activities. then You may wish
tocOnSidcr appliiriq for a it[ („i)rder by Consent. :117 vou have. any questions about this civilpenalty
assessinent or a pcJa1 Order bv Consent, please contact the Water Q xJicSection staf of the
toresvill- Regional Office at (7C,
ir3
Due' Robert Li, .Krebs, Regional Supervisor
Surface Water Protection
Mooresville 1:.-.egional Office
Division of \11/ter ()utility

IF.CAT
❑' \`Q Case Number: L f dl- 24
8
Assessed Party: The
County: Star'1
Permit Number: \C:OO414U2 f
Amount ,.assessed: ` 1,083.7 1
Please. use
IC1111S roll. Please
rl5ted bel )kl as t
Reclu.e t! l ret iss•
as
n requestlt
OR REMISS.
RE(
l penalty. You must also cornplc to the
shoo d attach
request for
a are t11.3t Cn I"e L1eSoast. 1 L1iC£t t � Luis. 11t
rnn rlat t� t11 teas o.nahlniOLr.nt Of the civil penalt'
is not the proper procedure her the violatt�lnisf tit
of the factual statemefltti ro tamed in tlnc 1 °l1 pcnaIt r s srnel t
143B-282,1 4 remission of a civil penalt} r11a. E o ranee cn1y °h
fact
or that you l c1tc c ap +1i
fire lrlc.t�lrs applies. Please �.hcc1< eacheach
�,w't i1cd e\pla I t1(,''n, inLlu tla 1 °pies (7r supportUi1 T i4"1eun)cntS, as to
aS TICC.Cle�l
one or No
tllt \ i0 .atE
7 expktiu the steps
ad
11:`10N: tuse aciciltis
en, _factor r)Z
as e s,1 rn e t
ena1ties
document_
le or
enaltt «ill prevent Dvment. t 11 the rnna1n i1�T nice ss irv_r� rn
he civil [k rrrtle ' 1 °ell prevent nr r,a l° rtt. c rfor initrg the QL,fiiv

IOIL NORTH: 'CAROLINA DEf.)...AR.INtLF:N.T :OF EINVIRQNNiENT
AND RESOLIRCES
COLINTY OF STANLY
IN ITIE NI2AJTER OF ASSESSNIENT
OF CIVIL PENALTY AGAINST
CITY OF ALBEMARLE
.. PERMIT 'NO„ .N0)0440221-
FIEARINci...AND
STIVITLIATION:OF 'FACTS"
1if..E2N.0.010V20120I:(248.
1-laving been assessed civil penilltics totaling S1,083.71. for vielation(s) a.s set forth in the
assessment doeunient tif the Division of Water Quality dated August 3. 2010, the taidersigried,
desiring to sei-21 remission of thc civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stiTfulate that thc facts are as alleged in the assessment
document, The undersigned further iinderstands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director et the Division of Water Quality within 30 days of
receipt of the notice of assessment. No new evidence in support of a remission request \kill be allowed
lifter 30 days froth the receipt of the notice of a.ssesgment,
This the
dXI, of
aa
..A12111)RE$S,
11111111E,.1?1119N,Iii„.
121
2010

„NITA CHMENT
CAS! O. I' 2O1OO248
()Litton parameter Reported Value Permit Limit
001 TS S 3,080.0 nig/10* 45.0 IngIL (L1)aily niaximum)
001 TSS 3,080,0 mE010* 30,0 Ing11,0 (0\101 thl averaze)
Denotes. ciy1.1,peMiltym.1.:88§ifit tit

tv Red- na
lancelEnforcetnetit
.cntY' i Files wfattachment

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: The Cityof Albemarle
Facility: Highway 52 WTP
County: Stanly
Case Number: 11,17-20i0-0248
Permit Number:NC0044024
ASSESSMENT FACTORS
I) The degree anti extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
No harm has been documented to the environment, Wastes containing TSS can smother aquatic
organisms and clog fish gills as well as alter water quality parameters in surface waters. The effluent
from the Highway 52 WTP is discharged to an unnamed tributary to Little Long Creek. Little Long
Creek is listed as impaired on the 2008 303(d) list from the source to where it joins Long Creek for
ecological/biological integrity — benthos and has been listed as impaired since 1998. TSS discharges
of the magnitude noted in the enforcement may be a casual factor in the impairment,
The duration and gravity of the violation;
The TSS daily maximum violation on March 24, 2010, (3,080 mg/Li exceeded the permit limit (45.0
mg/L) by 6,744A%, The TSS monthly average permit limit (30.0 mglL) was exceeded by 3,322.2%
since the March 24, 2010 sampling was the only one elevated above detection limits, Effluent
sampling method was changed due to DWQ inspection in March 2010 and will result in future
enforcements since it is more representative of all discharges from facility during a 24-hr period,
3) The effect on ground or surface water quantity or quality or on air quality:
There are no documented impacts to groundwater or air quality and none are expected. Increased
solids can increase the water temperature, thus reducing the amount of oxygen in water harming
aquatic life. They can also reduce the amount of natural sunlight that penetrates through the water,
further decreasing oxygen production and photosynthesis, In addition, high levels of solids can kill
fish by clogging their gills, lowering their resistance to disease, and smothering their eggs and can
smother other aquatic organisms,
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown. The permittee is investigating changing
the management of solids at the WTP and has saved money equivalent to any funds needed to
upgraded solids management at the facility,
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally, However, previous sampling at the facility was not including all waste streams

discharged to surface waters; There will likely be relations each month until a change in solids
management is instituted,.
ceord of the violator in complying comply r °firth prograrxrs,over hi t
n ental Management Commission has re ulator 'authority,; and
There have been one other CPA against the City of Albemarle for their Highway 52 WTP during the
life of the permitwhich occurred in the past twelve months as detailed blow,
Case Number
LV 0 -0 5
Description
5 5 55 L ' for flow. Penalty ° s_psid in full
.The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $83,71.
is
Protection
Re- ionai Supt..r\a°isc�t`
inn of Water Quail

MONITORING REPORT(MR) VIOLATIONS for
Permit
y Namei
Major Minor:
PERMIT, NC0044024
Rs Between C1-2t 0
foram Name. %
4 -20 1 0
FACILITY: City or Albemarle - Highway 52 WTP
Violation
MONITORING Owr.AL.t.,d
REPORT' fr1E1 4.C_r.ATION
01 _2010 CCIt)1 L:6Iue 4
03 _ "2010 i1 11 E: fflUl'ral
0:1.2t)10 001 Effluent
03 -;21010
PERMIT: NC0086487
Limit Violation
MOM TO I
REP('
PARAMETER
1 to v, in cor+tilr)it or11Eis
trealrtrellt giant
t onGiuit t)t fling
nI1) r7lait
iSolidr,, Total s ,Ot,ndc d -
C oncxerltrsihun
Effluent. Solids-, Total Suspended
C4nCranlrFatoan
VIO'TATIC)N
DATE F,`4E O[I); NCY
01131 TI ),
Q3t'31110
03l24110 2 X rra)nt1l m011
O'3/3'1110
UNIT OF
MEASURE
rind
FACILITY; Dawson InternatiProperties - Albemarle site
l_C1C:A QN 1 AriIAMOTER
viot.ATiON UNIT OF
DATE I•'6�'I i:�iSr4C4" MEASURE
0;1 .2010 O01 Effluent 1 wlrannlrrroeth,d ne 031'11110 21 Lr14 ly
L3NJ 1
0 114
Report Date 07129110 Page tC di!),
Violation Category: Liralit Viol ltioil Program Category; A
SLrtabasin: °.'`.� Violation Action: None
COUNTY: Stanly
REGION: Mooresville
CALCULATED
VALUE: % OVER L. MI:1II
VIOLATION 1 TION TYPE: VIOLATION , (, TI1)4
360 315,6.89.47 NI( Illy Average Exceeded Non€..
3442 26.51 Monthly i'werHiA0 Lx(r ede_d
3,080 6,744.44 Daily Moxirnsin LxcE:t.vdeti None
30 1,026.67
COUNTY. Stanly
CA 1I ATE:0
11
!Monthly Average Ex, ded None
REGION: Mooresville
OVER-L@M6T 14L,ri1"I)N TYPE VIOLA-noN i-ic'TION
1 e85 Daily Maxiinurn Exceeded None