NC0075701_Regional Office Historical File Pre 2018 (4)

Certified Mail tt 7017 2620 0000 6788 9878
Return Receipt Requested
October 25, 2019
Michael j Ferris. City Manager
City of .Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (Ci.S.) 1.43-215.1(a)(6)
and NPDES WW Permit No. NC0075701
City of Albemarle
Tuckertown WTP
Case No. LV-2019-0257
Stanly County.
Dear Mr, Ferris:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $60 .75 ($500,00 civil penalty
+ $108.75 enforcement costs) against City of Albemarle.
This assessment is based upon the following facts: a review has beenconducted of the Discharge Monitoring Report
(DMR) submitted by City of Albemarle for the month ofJuly 2019. 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. NC0075701, The
violations, which occurred in July 2019,.are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Albemarle violated the terms, conditions or
requirements of NPDES WW Permit No. NC0075701 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. 1.43-2156A(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 LI"' he 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
City of Albemarle:
$250.00 1 of 1 violation of G,S, 143-215, I (a)(6) and Permit No. NC0075701, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Copper, Total (as Cu)
$250,00 1 of 1 violation of G,S, 143-215,1(a)(6) and Permit No, NC0075701, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Copper, Total (as Cu)
$500.00 TOTAL CIVIL PENALTY
S108:75 Enforcement Costs
$608.75 'TOTAL AMOUNT DUE
Pursuant to G.S. 143-2.15.6A(c), in d.etermining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G,S, 143B-282.1(b), which are:
(1.) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation.;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or qu.alit or on air quality;
(4) 'File cost of rectifying the damage;
(5) 'The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complyin.g or .failing to comply with programs over which the Environmental
1S.4.ana.gem.ent Commission has regulator 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:
(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 i,voiver
Arni) 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 live 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 ofan 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 hether a remission request ‘vill be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty: assessment factors in NCGS 14313-282..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 th.e civil penalty will prevent payment for the remaining necessary remedial actions,
Please note that all evidence presented in suppc.rt 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 an.d submit the enclosed "Re itest for Remission of Civil Penalties,
Waiver of Riglat to an Administrative Hearing, and Stipulation of Facts" 'form whin n thirty (30) d.ays of receipt of this
notice, The Division of Water Resource's also requests thatyou 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-'161.7

Option 3: File a petition for an adrninistrative hearing with the Office of Ad.ministrative Hearings:
If you wish to contest any statement in the attached assessment documents, 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 nomial 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. 'Hie 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 Ad,ministrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative .Hearirigs with all questions regardirig_the filingfee and/or the details offhe
filing process.,
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (9'19) 431-3000
Fax: [phone]
One (1) copy of the petflion niusl also be served on DEQ as follows:
Mr. William Lane, 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 Sch,eller with the Division of Water Resources staff of the Mooresville
Regional Office at (2.52) 9.46-6481 or via email at roberto,scheller@„n.cdenrgov,
Sincerel„
OocuSvned bT
for
F1 HfigA2004A0
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville R„egional Office
Division of Water Resources, NCDEQ
ATTACHMEVIS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number 11A-2019-0257
Assessed Party: City, of Albemarle
Permit No.: 'NC0075701
County: Stanly
Anaount Assessed: $608,75
Please use this form when requesting remissiori ofthis civil penalty. You must also complete the "Request For Remission,
TVaiver cve 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
mission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statern.ents contained in the civil penalty assessment document. Pursuant to N.CG.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).
more 'the civil penalty assessment thctors in N.C.G.S. 1.43B-282 b, wrongfully applied to the
detriment of the petitioner (the assessment
,d in the civil penalt,
tent document);
(b) the violator promptly abated continuing environmental damage resulting fromthe violation
steps tha
took to correct the violation and prevent ,Iiiture occurrence);
(c) the vi ation. was inadvertent or a result of an a
something you could not prevent or,prepare far);
explain vhv the violation na Liable or
(d) the had not been assessed civil penalties for any previous violations;
he
(e) payment of the civil penalty will prevent payment fo the rernaining necessary remedial actions de explain
how payment al the civil penalty will prevent youfrom perfbrming the .activities necessary to achieve
EXPLANATION:

STATE OF Nr R LH ft A OLINA PART `LENT OF ENVIRONMEN FA1 Q Al ITY
COUNTY OF SIAM,
N THE MATTER OF ASSESSME T
CIVIL PENALTIES AGAINST
city cif Albe
Tuekertown
PERMIT NO NCO° /5701
Having bee
of Water Reson
WAIVER OF R1GHE TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. 1N2O19O257
d L 0 penalties taring S60875 for violation(s) as e1 forth in the assesrnent doeumer t of the Division
October 2 2019, thindersined, desiring 10 seek remission of the civil penalty, does hereby
ve the right to an administrative hearing in the above tated Ellatter and does tip ate that the facts are its 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
or assessmentNo new evidence in support of a remission request will be allowed after (30) days front the receipt of the
notice of s
This the day of _
ADDRESS
• • -TEL/Eft:HONE
SIGNA'r /RE
10

PERMIT: NC0075701
FACILITY Tuekertown
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Cuff
01 E
Violation Report
Date Month/Yr Parameter
uteri
ATTACHMENT A
City of Albemarle
CASE NUMBER: IN-2019-0257
REGION: Mooresville
COUNTY: Stably
Unit af Lmt Calculated '% Over Violator) Penalty
Frequency Measure Value Value Umt Type Amount
7/18/2019 762019 Copper, Total as Cu) ItAanthly ugh 10,47 16 52..8 Daily
Maximum
Exceeded
7 ,°20 9 72019 p
$250 00
Total as Cu) Monthly ugh 7688
Monthly
Average
Exceeded
6250 00

!VISION OF WATER RESOURCES - CIVIL PENALTYASSESSMENT
Violat City of Albemarle
Facility Name: Tuckertown WTP
Permit Number: N( 0075701
County: Study
Case Number: LV-2019-0257
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to priva
property resulting from the violation;
None documented H
impact natural resources
2) The duration and grasity of the violatio
As documented in Attachment A.
sc. ge ([treated n a4tewater in excess of pertrut lzmits has the potntiul i adve
The efTect on ground or surface waterquantity or quality or on air qual
(Vone documented Hm ever the discharge of treated 14 askw
impact natural resources.
4) The cost of rectifying the damage;
1. know,
5) The amount of o e saved by none°
L nknut n
ice;
ifpermi hrnits has the porential to adve ely
6) Whether the io1ation was committed willfully or intentionally;
(Vot s uspected to be willful ar inienlioni
7) The prior rerord of the violator n complying or failing to comply witti programs over which the
Environmental Management Commission has regulatory authority; and
-01 TSS August 2014;
V-2015-01 5 SS October 2014,
8 The cost to the State ofthe enforcernent procedures.
S108.75
10.25.19
Date
A
r Docu
H N41.444
FlE 1 FB69A2084A3
ro
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEO

Facility Name: Tuckertown WTP
Report Period: July 7,019
DMR REVIEW RECORD
Mooresville Regional Office
Prior Assessments: 0
Permit Number: NC0075701
Enforcement Factor: 1.00
()oftII # Outran Description
Viiaterbody Name
Waterbody
Classification
001 filter backwash- UT Tuckertown Reservoir YADKIN RIVER (Including lower porUon af High WS-IV,B;CA
Rock Lake, Tuckertown Lake, Badin Lake)
Monthly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
Action
7/31/2019 Copper, Total (as Cu) MontNy 7_88 16 103 0
Daily Limit Violations
Sample Location: Outfall 001 -
Violation
Date Parameter
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Action
7116/2019 Chlorine, Total Residual
2 X month ugil 17 18 5,9
No Action, BPJ
7/18/2019 Copper, Tote aCu)onthly ug/I— 1047 16 52 8
Other Violations/Staff Kernarks:
Supervisor Remarks:
ntoi
Completed by:
Assistant Regional
Supervisor Sign -off:
Regional
Supervisor Sign -off:
p--DmuSitipr.44:
(Z.44.4.-t.
9 crAeo763ryn4aC
Date:
Date:
Date:
9/6/2019
9/9/2019

Pror 12-
t Number: NC0075701
on
h Enfoi-
story
Report Period: July .2019

P 1 704.984.9605
F 1 704984.9606
ALBEIVIARLE
NORTH CAROLINA
iVaeot )4e. tad. 0
Public Utilities Department
October 4, 2019
IN, Corey Basinger
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Subject: NOTICE OF VIOLATION
Tracking number. NOV-2019-LV-0678
Permit No. NC0075701
City of Albemarle — Tuckertown Water Treatment Plant
Stanly Comity
To Whom It May Concern,
www.albemarlenc.gov
PO Box 190
144 North Second Street
Albemarle, NC 28002-0190
Thank you for allowing Tuckertown Water Treatment Plant the opportunity to respond to the
Notice of Violation dated September 23, 2019. Our response below is in regard to the limit
exceedance violation of our total copper residual limit.
Regarding our total copper exceedance levels, Tuckertown WTP began using copper sulfate in
the spring to combat rising algae issues within our source water and within our reservoir that
were known causes of taste and odor issues. With cooler temperatures arriving soon the use of
copper sulfate will cease. In the corning year we intend to significantly decrease the amount of

P I 704.984.9605
F I 704,984.9606
it
131MARLE
NORTH CAROLINA
ritiet 4vrti.
www.albemarlenc.gov
PO Box 190
144 North Second Street
Albemarle, NC 28002-0190
copper su Tate being utilized to minimize the potential for exceedance of our total copper residual
n our discharge effluent.
We believe that the issue has been taken, seriously, and the Tuckertown Water Treatment Plant
intends to remain in compliance. The measures being taken in ceasing use of copper sulfate are
believed to be adequate in resolving these concerns. It is always our goal to adhere to regulations
set forth by the Division of Water Resources. The errors that led to this facility's non-compliance
have been clearly noted to avoid future non-compliance status. It is our request that our
cooperation and action in these matters be taken into account by the Division when enforcement
action is taken.
Sincerely,
SA
Tuckertown Water Treatment Plant
CC: Jason Culp, City Of Albemarle
Shaun Whitley, City of Albemarle
Michael Ferris, City of Albemarle
Judy Redwine, City of Albemarle

ALBE (TUCXX TOWN)
MR. BRANDON PULER
PUBLIC urILITias
PO BOX 190
ALBEMARLE ,NC 28002-0190
Effluent Analysts Method
PARAN1ETERS Date Analyst Code
Total Suspended Residue, ing/1
Total Hardness, rrtrid
Copper, nig/1
Turbidity, rsiTU
S.S 08/08/19 „IMS 2540D-11
24 03/12/19 JMS 2340C-11
16 /08/19 LFJ EPA200.7
6.0 08/07/19 MAR 2130B-11
1D#
DATE COLIACTEDt 08/06/19
DATE REPORTED 08/15/19

PO SOX 190
AMMAN= ,NC 20002-0190
7
1033Y
DATI CQTZ s 07
SATS =PORTED t 08/01/19