NC0043532_LV20160215_20170105

WaterResources
ENVIRONMENTAL QUALITY
January 5, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0828
RETURN RECEIPT REQUESTED
ROY COOPER
Governor
S. JAY MMERMAN
Director
Ms. Donna L. Davis, Director
Stanly County Utilities
1000 N. First Street, Suite 12
Albemarle, NC 28001
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: LV -2016-0215
for West Stanly WWTP
NPDES Permit NCO043532
Stanly County
Dear Ms. Davis:
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil penalties in the subject case. We regret
to inform you that the Director has denied your request.
Therefore, your outstanding balance ($626.34) is due and payable. Two options are available to you at
this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina I Environmental Quality I. Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

2) You may request the Environmental Management Commission's (FMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If payment is not received within 30 calendar dam from your receipt of this letter, your current request
for remission and this letter of denial will be delivered to the Committee on Civil Penalty Remissions for
final agency decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receiving this letter.
Send completed form(s) to:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your request
for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If your
presentation is not required, the final decision will be based upon the written record..
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
C�
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ
Attachments: Director's Decision; Request for Oral Presentation form
Permittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc: DWR MRO files
Enforcement, File
Central Files

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV -2016-0215 Region: Mooresville County: Stanly
Assessed Entity: Stanly County Permit No.: NCO043532
Assessment Factors
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED.
® (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Peiimittee Assertion: 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 each of the
violations listed adjustments were immediately made to correct the excessive levels of chlorine, BOD and fecal
coliform bacteria. This facility has been assessed other penalties this year related to similar issues. Unfortunately,
these fines diminish the amount of money Stanley County is able to use toward remediating issues in the interim
as they prepare for major renovation.
DWR Notes: Stanly County attributes limit violations to the poor condition of the waste water treatment plant
and two of the three secondary clarifiers are not functioning. A compliance inspection conducted by this Office,
of the subject facility, on June 21, 2016 found the following conditions: "Large amounts of solids going over
weirs of secondary clarifier, sludge balls floating on surface of clarifier. Two secondary clarifiers not in service
are being -used to hold waste from Enterprise Rendering. Solids were floating on surface of chlorine contact
chamber. A sludge judge measurement of chlorine contact found 6-7 inches of sludge build up on bottom of
chamber.. The facility also has compliance issues with receiving wastewater from Enterprise Rendering Plant and
by-passing the influent sampler." This inspection was issued as Notice of Violation & Intent to Assess Civil
Penalty (NOV-2016-PC-0208).
It .was also discovered during the subject inspection that this facility was regularly accepting waste from
Enterprise Rendering that was high in BOD, TSS, and Anomia. Typical plant influent loading has been
calculated to be BOD 300 mg/l, TSS 200 mg/l, NH3 30 mg/l. Analysis of waste from Enterprise Rendering
found BOD @ 1200 mg/l, TSS @ 1200 mg/1, NH3 @ 200 mg/l. Waste hauling records from Enterprise
Rendering were not available to review for the months of April and May 2016. It was noted that West Stanly
WWTP received 46 loads of waste (294,357 gallons) from Enterprise Rendering during the month of March
2016.
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission E $ (Enter Amount)
40ay Zimmerman, Director bate
V6�

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
STANLY COUNTY UTILITIES
WEST STANLY WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number LV -2016-0215
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
This request will be reviewed by the. Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you mustcomplete and return this form within thirty.(30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and .municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the . day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

STAKY COUNTY
NORTH CAROLINA
ter: Ak Laird Iaeacer.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Compliance Officer:
November 22, 2016
Subject: Remission Request
West Stanly WWTP
Permit No: NC0043532
Stanly County
Case No. LV -2016-0215
RECE1IVED1I%VE
NOV222016
P, WatePQ2?�16
®rm,&;9 S,,po,
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 temporarynature of the Violation and it relation to
attempts to improve the operations of the plant.
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 historyunder 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
171704.986.3711
www.StanlycounMc gov
Stanly County Utilities
1000 N. First Street Suite 12, Albemarle, NC 28001

Case Number: LV -2016-0215
Assessed Party: Stanly County
Permit No.: NCO043532
JUSTIFICATION FOR REAUSSION 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.l(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).
'(a) one or more of the civil penalty assessment factors in N.C.G.S., 143B-282. I (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);
(c) the violation was inadvertent or a result of an accident_ (i.e., 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;
v ' (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.

r
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Stanly County )
West Stanly WWTP )
PERMIT NO. NC0043532 ) 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 01?a day of ✓Y 0 y6M zyA , 20_j
ADDRESS
L-AanIi ( A(j M# 14(ws
IDo0 N 164
4e.1.2
A16tmurtjc- ayool -
TELEPHONE
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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
Month/Yr 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