WQCS00016_DV-2020-0011_20200205

ItOlt OOPER.
Cits**tv'
MICHAEL S, REGAN
&woo"
S, DANIEL SMITH
&mow
Certified Mail # 7017 2620 0000 6789 4919
Return Receipt Requested
February 05, 2020
Michael J Ferris. City Manager
City of Albemarle
PC) Box 190
Albemarle, NC 28002-0190
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(4)(6)
and Collection System Permit No. WQCS00016
City of Albemarle
Albemarle Collection System
Case No. DV-2020-001 1
Stanly County
Dear Mr. Ferris:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S1,376.93 (5 ,25000 civil penalty
S126.93 enforcement costs) against City of Albemarle.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Albemarle. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00016 and G.S. 143-2 15,1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Albemarle violated the terms, conditions or
requirements of Collection System Permit No. WQCS00016 and G.S, 143-215.1(a)(1) 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).
ettoirtat ttepotsmtot 41,11 0i4s*tiotiV*44K
Ritififo83*1440* I tif) tutct 1fti4of

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
Bainger„ Regional Supervisor, Mooresville Regional Office hereby, make the following civil 'penalty assessment against
City of Albemarle:
SL250.00 For 5 of the 0 violations of Collection System„Permit No. WQCS00016 and G,S, 143-215,1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit,
$1_250.00 TOTAL CIVIL PENALTY
S126,93 'Enforcement Costs
$1,176,93 TOTAL AMOUNT DUE
Pursuant to (.S. 143-215,6A(c), in determining, the amount oFthe penalty I have taken into account the Findings of Fact and.
Conclu.sions of Law and the factors set forth at 6 S I43B-282, l(b), which. are:
() The degree and extent of harm to the natural resources of the State, to the public health r to private property
resulting from the violation,
(2) The duration and gravity of the violation:
(3) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) 'Fhe prior record of the violator in complying or failing to comply with programs 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:
0) 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 he 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:
Attn: PFRCS Branch
Division of ater 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 he 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 he considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 14313-282,1(1)) was wrongfully
applied to the detriment oldie petitioner:
(2) whether the violator promptly abated continuing environmental damage resulting from he 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 pa,ymentof 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 paymentand
provision for further appeal of the penalty to the Environmental ':vlanagement 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 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 he submitted. to the folk ving address:
Attn: P[RCS Branch
Division of Water Resources
161'7 Mail Service Center
R..aleit; North, Carolina 27699-'1617
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Nitooresville, NC 28115

Option 3: File a petition d 'strative hearing with the Office of Ad ' t a Hearings:
If you wish to contest any statement in the attached a.ssessment document you must tile a petition for an administrative
hearing. You may obtain the petition forin from the Office of Administrative Hearings. You must tile the petition with.
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
wrhen 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.tn. and 500 p.m., except for official state
-holidays. The petition tnay be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one ) copy and a filing tee (if a filing fee is required by NCGS §150B-2.3.2) is received in the
Office. of Administrative 'Hearings within seven (7) business days following the faxed or electronic: transmission. YQL
should contact the Office of Administrative Hearings with alLquestions regarding the tiling, fee and/or the details of the
filingrocess.
-f he mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One 1copy of the petition must also be served on DEQ as follows:
Mr. William E. 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) o the .petition.
Failure to exercise one of the options .above \vithin thirty (30) days of receipt of this letter, as: evidenced by an internal
dateltime received stamp (not a postmark), will result in thismatter 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 Michael Mellinger with the Division of Water Resources staff of the Mooresville
;Regional Office at [phone] or via email at michael.meilingerAnedenrgov.
Sincerely..
DocuSigned by:
A14CC681AF27425_.
Pv", Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
KITACHMENTS
WQS Mooresville Regional Office - Enforcement File
.PERCS Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REM SION RE LEST
Case Number: DV-2020-0011
Assessed Party: City of Albemarle
Permit No.: AV SO.0016
County. Stanly
Amount Assessed: $1,376,93
Please use this form when requ.estlrtg remission of this civil penalty. You must also compete the "Request For Rerrtissir n,
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., ) oc-curred 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 ofa 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(h) were wrongfully applied to the
detriment of the petitioner (the assessment
are lasted in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (le., erplai
stems that -Rcau took to correct the violation and preventyfuture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violati
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 It r the remaining necessary remedial actions (1.e.„ explain
how payment rfTire c penalty ill prevent youfrcm perf>rmirag the ez °tdvitre neace,s'sat to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROF INA DEPARTMFN€T OF ENVI ONM ITAL QUAITY
COUNTY OF STANLY
IT THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Albemarle
Albemarle Collection System
PERMIT NO, WC'S000F6
cIVFR OF RIGHT TO At
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE Na DV-2020-0011
l-TavinE been assessed civiI penalties totaling SI 376. 3 for vie lationts) as set forth in the assessment docum
Division of Water Resources dated February 01, 2020, 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
fed in the assessment document. The undersigned further understands that all evidence presented in support of
recivil penalty rrrust he suhrnitted to the Director of the Division of V ater Resources Ivithin thirty (30) days
of receipt of the notice of assessment. No new evidence in. support of a remission request % gill he alloLs°ed after (a0) days
from i the receipt of the notice of assessment,
day of, 3(l
ADDRESSrrr
TFL: PHONE
SIG A'T_tIRI

PERMIT IT NO: WQCS00016
FACILITY; Albemarle C oliecbr n Sy
Other Violet ns
ATTACHMENT
City of Albemarle
CASE U BE DV-2O20- 01.
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
201900412 2122/201 CSOtSSO(Sewer Orveri ow Discharge without valid permit
REGION; Mooresv
COUNTY: t rrlr
2CI1 00414
VIOLATION DESCRIPTION'
2121'2019 `SC)JSSO(Sewt r Overflow)
TOTAL VOLUME
(GALLONS)
Discharge without valid permit
20 1900413 21221201 SOISSO(Sewdr OverPrw Discharge without valid permit
251 0 0442 2r23 2t 1 CS) SSO(Sewer Overflow)
w)
PENALTY
AMOUNT
2,700 Q $250 00
5,50 250 00
DischarTe wuthout valid permit
IS00440 2/231201 C:SOIS OCSewe ertlow Discharge withQuut valid permit
9 00
4;5
$250 00
25C100
4500
$250 0C1

CERTIFIED MAIL: 7017 2620 0000 6788 4859
RETURN RECEIPT REQUESTED
March 25, 2019
Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0159
Sanitary Sewer Overflows - February 2019
Collection System Permit No. WQCS00016
Albemarle Collection System
Stanly County
Dear Mr. Ferris:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report's submitted by
City of Albemarle. The Division's Mooresville Regional Office concludes that the City of Albemarle violated Permit
Condition I (2) of Permit No. WQCS00016 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Mooresville Regional Office is providing the City of Albemarle an opportunity to provide evidence and
justification as to why the City of Albemarle should not be assessed a civil penalty for the violation(s) that are
summarized below:
Incident Start Duration
Number Date (Mins) Location
201900412 2/22/2019
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
540 1214 N. 2nd Street Inflow and Infiltration 2,700
201900413 2/22/2019
2,700 Notice of Violation
w/ Intent to Enforce
360 1436 Hwy 52 N Inflow and Infiltration
9,000 9,000 Notice of Violation.
w/ Intent to Enforce

Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
201900414 2/22/2019 390 1313 N, 6th St, Inflow and Infiltration 5,850 5,850 Notice of Violation
w/ Intent to Enforce
201900440 2/23/2019 300 1436 US-52
201900441 2/23/2019 300 1214 N 2nd ST
201900442 2/23/2019 270 1313 N 6th St
Inflow and Infiltration 4,500 4,500 Notice of Violation
w/ intent to Enforce
Inflow and Infiltration 1,500 1,500 Notice of Violation
w/ intent to Enforce
Inflow and Infiltration 4,050 4,050 Notice of Violation
w/ intent to Enforce
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215,1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact me in the Water Quality Section in the Mooresville
Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by: c
Al4CC681AF27425
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office WQS File
Central Files, Water Quality Section

SO Evaluation Routing
NOV : J
PERMITTEE:
Tony
Barry
Andrew
Corey
�1
4
4a2
2/22/2019, 9:55 AM Copy of Collection system forms, SS© Evaluation Routing Slip

P I 704.984.9605
F I 704,984.9606
NORTH CAROL NA
I'dAst At. Lad 0,01.44,
www.albemarlenc.gov
PO Box 190
Albemarle NC 28002
April 9, 2019
North Carolina Department of Environment Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
ATN: W.Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
RE: Notice of Violation
Tracking Number: NOV — 2019 —DV - 0159
Sanitary Sewer Overflows — February 2019
Collection System 'Permit No. WQCS000l 6
Albemarle Collection System
Stanly County
Dear Mr. Basinger,
The purpose of this letter is to provide additional information for the consideration in the above
referenced matter in accordance with your letter dated March 25th, 20.19 and received by the City of
Albemarle Collections ORC on April 4th, 2019..This matter relates to the sanitary sewer overflows that
the City of Albemarle experienced during the month of February 201.9. These overflows are associated
with 18z1/ all day rain events..
2/22/2019
Incident number 20.1900412 was associated with a lateral sewer service that connects 1214 N 2"d Street to
our sewer system.
Incident number 201900413 is associated with a manhole in the parking lot of 1436 US Hwy 52 north,
The above mentioned SSO's are in a low laying area of our collection system. During a time of heavy
rains this line becomes capacitated and has hydraulic issues which cause the severity of the l&i to cause
sso's at this point in our system.
The City of Albemarle has a Smart cover system. installed on the manhole associated with incident.
number 20190041.3. During times of rain the Systems ORC and back up have real time alerts sent via
email and text message to try and lessen the impact of the SSO's. The ORC and back up were dispatched
on site at the call of the Smart cover system alarm. Crew were dispatched to try and lessen the impacts
buy using city victor truck to clean up debris in parking lot in both areas by what is outlined in the City of
Albemarle spill response procedure .
Incident number 201900412 at 1214 N2nd Street was cleaned up by crews in which they were able to
rake up debris and lime and straw area around cleanout.

P I 704.984.9605
F I 704.984.9606
ALBEMARLE
NORTH CAROLINA
Wee" 24 /ad, Opt,euveg,
www.albemarlenc.gov
PO Box 190
Albemarle, NC 28002
Incident number 201900414 is associated with a low lying, manhole in the parking lot of an apartment
complex at 1.313 N 6" St, This out fall leg ties into the trunk line just south of the before mentioned
SSO's . The .flow hits head on with the flow coming from, north to this point. It has some hydraulic issues
also. Which caused flow to hack up and sur charge this manhole in question. The ORC was able to lessen
the impact of this SSO by working with weather radar to see a break in the rain to dispatch crews with the
Vactor truck to set up stream and pull 2500 gallons from the manhole to stop SSO at this location, After
SSO had stopped crews were able to wash parking lot and clean up debris associated with the SSO by
using the City of Albemarle Spill response procedure.
2/23/2019
The next afternoon the City of Albemarle experienced heavy rain again which lead to a capacitated
system.
Incident number 201900440- 1436 Hwy 52 N the same as before mentioned is associated with a low area
in our system. At the call of the Smart Cover the ORC was dispatched to area to check surcharging
manholes and see the levels of flow in this area. Crews were dispatched to work thearea with the Vactor
truck to lessen the impacts of the over flow, During the duration of spill crews were dispatched to several
emergency calls but were able to set up at this location and purap 5000 gallons out of upstream manhole
to stop SSO and lessen impacts. When SSO was rernediated crews were able to clean up debris and wash
parking lot with city equipment.
Incident number 201900441- 1214 N2nd St. was associated with the same above mentioned lateral.
Crews were able to stop this SSO by taking 5000 gallons out of upstream. manhole also. Crews then
cleaned up debris and limed and straw area around cleanout in accordance with our spill response
procedure.
Incident .number 201900442 is associated with 1313 N6th. street the same as above mentioned paragraph.
ORC was dispatched to area, Crews were called out to lessen impacts of SSO as soon as radar showed a
break in the rain. ORC had crew to set up and pump out of upstream manhole with va.ctor truck to lessen
impacts of SSO, Crews were able to pump our 15000 gallons from upstream manhole to lessen. impacts of
over SSO at this location. When SSO had stopped crews then cleaned up parking lot with vactor truck in
accordance with our Spill response procedure,.
In summary all of the above events were due to large amounts of rain that the City of Albemarle
experienced during these dates. These SSO's are also in an area of the system that is hydraulically
challenged due to bottle necking and several 90 degree turns. This will be part of our Phase 2 dig and
replace which will addressi&J in this area and do away with the hydraulic challenges in this area thus
improving flow and cutting out substantial amounts of This project is slated to start in July . Funding
is in place and the City of Albemarle looks forward to seeing the outcome of this project for .the
betterment of our collection system.

P 7. . 6 5
F 704.984.9606
N RTH CAROLINA
albearle
PO Box 1.90
Albemarle, NC 28002
The City ofAlbemarle appreciates the opportunity to provide this information for consideration in this
matter. It is hoped that we 10v=°ill be re i red favorably. If there are any more questions or information that
is needed, please feel free to contact this office.
Sincerely,
;rgnv , Collection Sy'sterrl;ORC
704-961-6149
City of Albemarle

Violator:
Case #:
NCDEQ - Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
SSO Date
Incident #:
ASSESSMENT FACTORS G.S, i43B-2 2.1(b)
1. Harm:
2, Duration and Gravity o
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5, Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
Comments:
Assessor:
Date:

Violator:
Case #:
NCDEQ Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
SSO Date:
Incident #:
ASSESSMENT FACTORS G.S. 143B-282.1(Ib)
1. Harm:
2. Duration and Gravity of the Violation
. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Vio
intentionally:
ion was committed willfully or
T. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
Comments:
Assessor:
Date:

Violatod
Case #:
NCDEQ - Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix.
c
SSO Date:
Incident #:
ASSESSMENT FACTORS G.S. 143B-282.1(b)
1. Harm:
2. Duration and Gravity of the Violation
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
.4L (
Assessor:
Date: