NC0043532_LV20160215_20161130

4
WaterResources
ENVIRONMENTAL QUALITY
November 30, 2016
Mr. Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZEVIMERMAN
Director
Subject: Remission Request of Civil Penalty Assessment
West Stanly WWTP
NPDES Permit NCO043532
Case Number LV -2016-0215
Stanly County
Dear Mr. Davis:
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
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
cc:(�Enforcement ile w/origin`al
Central Files Wattachments
Mooresville Regional Office w/attachments
ec: DWR/MRO Roberto Scheller [[e-mail]]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail. Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

STAY COUNTY
NORTH CAROLINA
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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. NCO043532
Stanly County
Case No. LV -2016-0215
Dear Compliance Officer:
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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.
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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 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
PI 704.986.3686
FJ 704.986.3711
www.stanlycouriMc.gov '
Stanly County Utilities
1000 N. First Street Suite 12, Albemarle, NC 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.
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If there are any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,
Q41ury eleza�
Donna L. Davis, Director '
Stanly County Utilities

4
Case Number: LV -2016-0215
Assessed Party: Stanly County
Permit No.: NCO043532
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 maybe 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 (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
J(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 (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 remediating 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. NCO043532 )
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 (3 0) 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 o� day of A/0 11_94V ZqA , 20
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ATTACHMENT A
Stanly County
CASE NUMBER: LV -2016-0215
PERMIT: NCO043532 REGION: Mooresville
FACILITY: West Stanly WWTP COUNTY: Stanly
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 002 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
5/21/2016 5-2016 BOD, 5 -Day (20 Deg. 3 X week mg/I 13.50 18.90 40.2 Weekly $150.00
C) - Concentration Average
Exceeded
5/31/2016 5-2016 BOD, 5 -Day (20 Deg. 3 X week mg/I 9 11.10 23.4 Monthly $375.00
C) - Concentration Average
Exceeded
0