NC0021547_HistoricEnforcements

NCDENR FILM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E.Skvarla, III
Governor Acting Director Secretary
July 12, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 0002 1967 6056
Mr. Warren Cabe, Town Manager
Town of Franklin
PO Box 1479
Franklin,North Carolina 28744-1479
SUBJECT:; Notice,of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO021547
Town of Franklin
Franklin WWTP
Case No. LV-2013-0135
Macon County
Dear Mr. Cabe:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against the Town of Franklin.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Franklin for the month of February 2013.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0021547. The violations which occurred in
February 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Franklin violated the
terms, conditions or requirements of NPDES Permit NCO021547 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.
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).
Based upon the above findings of fact and conclusions of law, 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
the Town of Franklin:
ne
NorthCarolina
Natura!!ff
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.iHighway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwaterguality.org

"q
I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0021547, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$387.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
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 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) The 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 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 Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
OP(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 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 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 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 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document 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 normal 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. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
�.f
Chuck Cyr ord, RegionaYSupervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
Q 1 upe °:isorw/ ttachmext
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S:SWP'Ii'N9acoii\Wastowater'.Mxinicipal:Frankliii WW-111215 T.LV-2013-0135.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0135 County: Macon
Assessed Party: Town of Franklin
Permit No.: NC0021547 Amount Assessed: $387.00
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 may be granted only when one or
more of the following five factors applies. 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);
(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;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FRANKLIN/ )
FRANKLIN WWTP )
PERMIT NO.NCO021547 ) FILE NO. LV-2013-0135
Having been assessed civil penalties totaling $387.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated July 12, 2013, 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 Quality within thirty(30)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 day of 520
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Franklin
CASE NUMBER:LV-2013-0135
PERMIT: NCO021547 FACILITY: Franklin WWTP COUNTY: Macon REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 2-2013 001 Effluent BOD-Conc 02/02/13 3 X week mg/I 45 96.7 114.89 Weekly Average Exceeded

EFFLUENT (PeA
NC0021547 DISCHARGE NO: 001 MONTH: February YEAR: 2013
NAME: Town of Franklin W.W.T.P CLASS: III COUNTY: Macon
P(list
ED LABORATORIES(1): In House CERTIFICATION NO. 280
ional laboratories on the backside/page 2 of this Form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) Wayne M Price GRADE IV CERTIFICATION NO. 6757
PERSON(S)COLLECTING SAMPLES: Operators ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED: NO FLOW/DISCHARGE FROM SITEMAIL
ATTN:CENINAL TRAL FILES
SNE COPY TO��A 1C )1 01'
Division of Water Quality
1617 Mail Service Center X �7
Raleigh,INC 27699-1617 (SIGNATUR OPERATOR IN RESPONSIBLE CHARGE) DATE
BY THIS SIG ATURE,I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
f f C:
4U1O S%
50050 0001E 1 00400 50060 00310 00610 00530 31616 1 00300 0060E 1 00665 TGP3B 71900
FLOW
U
EFF m c N
INF fj C rn
Q❑ F'" Yx � `J oU o
014) T
ZC
c x
rE O c tM
�' NZ CL E c
SN
0 m °LU . ico
°L "
= 'R s c
ix
¢ ` ° °$ o O E E - v o
O
H m I-
-
zL ¢ NQ O
Q
O O LL
HRS HRS Y/NIB MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/LQG�L MG/L MG/L
2 1.1125 5.4
4 0730 8 1 Y 1.0035 9 7.6 Y 4.1
1 E.:. 7 6. ..< 31. 9 6,.?.. 0 5E. 3 1. ,.'._4 ,. . . 3 00 `=0.27,
6 0730 8 Y 0.8965 11 7.4 48 13.7 4.2 3
c �<"f
Of
8 0730 8 Y 0.8381 11 1 7.5 3.5
a
,777
10 0.9886 3.6
s4
12 0730 8 Y 0.9425 11 7.5 45 1 11 0 < 110 5.3 1
`
� 13>..� '0730...,.a8 i .,Y `�0 907E , ,�1 1`.',,'-3,7<$ f<: .1'9 . 4�. .�..1, ,,
14 0730 8 Y 0.7815 10 7.6 20 5.8 4.1 4 ® # Y
073E 78 7`
16 0.4016 4.4
18 0730 8 Y 1.0435 8 7.6 78.0 c
�s "0730 8ai' Y 08105, m,., 9, 77 .2E 238 ,E40 t32$_
20 0730 8 Y 0.8065 9 6.8 < 19 40.4 5.0 6
777 ,473E,..8. Y f 012E
f
22 10730 8 Y 1.1655 10 7.4 5.1
24 0.8253 < 2.5
25 073E x$ Y,. 0,972E 10 7 4 4. 0,. ,x
�. ::.. n.,...,,., .
26 0730 8 Y 1 1.6615 11 7.1 28 6.0 0.10 2.9 76
v 073E .8 ,.Y... .. 1„1070
k
28 0730 8 Y 1.0050 10 7 2 21 5 4 3 8 6
t ..e r '�¢ to ,.... '"'tz 5 a X .ILL,
' ,ca: . .:9 '. v roa. r firma•^, .r[iµ c`r
rdx. _
130 s(w „: f - 4 s ns " 4
AVERAGE: �0.9334 10. „ �� 30 14.5 0.28 8.3 7 3.00 0.27
MAXIMUM xAa .r1 6615 12 7�7
MINIMUM: 0.4016 �8 6.8 < 19 5.4 < 0.10 < 2.5 1 3.00 0.27
s t m r tiw ,5 z"` E Cr'+ is Ga a FRz C r�` rC 2 J,� 26(�`
�')COt}lp(GyoTGr�ts(G) "� G�5 �� �G »,w ;,;Aa„ s K € ,�..
Monthly Limit 1.65� 6 to 9 28 30 30 200
i

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements F-1
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time
the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the
time the permittee becomes'aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who managed the system,or those persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Permitt�e (Please print or type)
n g)
Signa a of Permittee*** Date
(Require unless submitted electronically)
95 East Main Street Franklin,NC 28734 828-524-2516 30-Nov-17
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2)Earth And Environmental Services Certification No. 352
Certified Laboratory(3)Prism Laboratories Inc. (Metals) Certification No. 402
Certified Laboratory(4)Environmental Testing Solutions Inc.(Toxcity) Certification No. 600
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to.the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the DNM for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
***Signature of Per"ttee: If signed by other than the permittee,then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).

Orr
TOWN OF FRANKLIN -
Post Office Box 1479
Franklin,North Carolina 28744
[phone]
Jeff Menzel
DWQ—Surface Water Protection
Asheville Regional Office
Due to all the heavy rain that occurred for the week of January 28,thru January 31, 2013
the Town of Franklin WWTP is out of compliance for the weekly average on BOD of 45
mg/L our weekly average was 96.7 mg/L.
Wayne.Price/ORC

Post Officce Box 1479
North Carolina 28744
[phone]
FACSRvME COVER SHEET
This is page 1 of Z pages-
From: 'ror
Fax#[phone] Phone#[phone]
To: 6 ,;L-e*
Company: v► S r a ( 1 P G"( 0-1
Fax#
If you do not receive all of the pages indicated,please call our office as soon as posmble and give notice of
the pages that are missing;garbled or otherwise not received.

Permit Enforcement History Details by Owner
07/10/13
1
Owner: Town of Franklin
Facility: Franklin WWTP
Permit: NCO021547
Region: Asheville County: Macon
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1999-0213 05/28/99 $2,000 $50.00 $2,050.00 $.00 No 06/25/99
LV-1999-0398 10/01/99 $1,500 $50.00 $1,550.00 $.00 No 10/21/99
LV-2002-0186 05/21/02 $1,500 $100.00 $1,600.00 $.00 No 06/26/02
LV-2006-0098 1-2006 04/07/06 $1,500 $100.00 $1,600.00 $.00 No 06/05/06
LV-2009-0135 12-2008 05/06/09 $500 $51.00 $551.00 $.00 No 06/12/09
LV-2009-0136 1-2009 05/06/09 $500 $51.00 $551.00 $.00 No 06/12/09
LV-2010-0159 1-2010 05/24/10 $250 $67.00 10/08/10 $317.00 No
PC-2010-0065 07/15/10 $2,000 $67.00 08/02/10 05/22/11 $1,000.00 $1,067.00 $.00 No 06/17/11
DV-2000-0016 3-2000 $0 No
LV-2013-0070 1-2013 $500 $137.00 $637.00 No
LV-2013-0135 2-2013 $250 $137.00 $387.00 No
Total Cases: 11 Total Penalty Amount: $10,500 Total Enforcement Cost: $810.00 Sum of Total Paid: $8,969.00 Total Balance Due: $1,341.00
Sum of Total Case Penalties: $11,310.00 Total Penalties after remission(s): $10,310.00

DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Franklin
(Februaij�2013 WNW)
County: Macon
Case Number: LV-2013-0135
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
One Weekly Average BOD exceeded the permit limit by 114.88 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There has been one civil penalty assessment in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cr' ford,Regional Sup# isor
Surface Water Protection Section
Asheville Regional Office
07111/2013

}G
TOWN ®F FRANKLIN
•M.STArT,
�o bra. 40
ZrT
C
Y >2
t4'•Du.N�
Post Office Box 1479
Franklin,North Carolina 28744
[phone]
July 1, 2013
NCDENR
Mr. Chuck Cranford
Division of Water Quality
2090 U.S.Highway 70
Swannanoa, NC 28778
Dear Mr.Cranford,
For the week of January 27 through February 2, 2013 the weekly violation for BOD MG/L was due
to heavy rain. On January 30, 2013 the Town of Franklin had 2.48 inches of rain fall.After,having
heavy rain for the month of January 2013,the heavy rainfall with already heavy flows for the month
had the facility somewhat upset.The Town of Franklin tried to adjust for the extra amount of flows
to the plant,but this was not enough to hold the plant in compliance.
The Town of Franklin is almost ready to put the new equalization basin on line. Its capacity is 1.5
MGD volume,and it will help in times of heavy rainfall. Please consider the amount of rainfall for
this month.The total amount of rainfall for January 2013 was 8.83 inches.
Sincerely,
Wayne Price
Town of Franklin ORC
RECEIVED
JUL - 3 2013
DWQ/Surface Water Protection Section
Asheville Regional Office

DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Franklin
(February 2013 D.Wk)
County: Macon
Case Number: LV-2013-0135
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
One Weekly Average BOD exceeded the permit limit by 114.88 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There has been one civil penalty assessment in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
07111/2013

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E.Skvarla, III
Governor Acting Director Secretary
July 12, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Warren Cabe, Town Manager
Town of Franklin
PO Box 1479
Franklin,North Carolina 28744-1479
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO021547
Town of Franklin
Franklin WWTP
Case No. LV-2013-0135
Macon County
Dear Mr. Cabe:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00
($250.00 civil penalty+ $137.00 enforcement costs) against the Town of Franklin.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Franklin for the month of February 2013.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0021547. The violations which occurred in
February 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Franklin violated the
terms, conditions or requirements of NPDES Permit NCO021547 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.
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).
Based upon the above findings of fact and conclusions-of law, 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Franklin:
NorthCarolina
�atura!!r�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
Internet:www.ncwatercivality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0021547, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Cone.
$250.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$387.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
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 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) The 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 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 Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:

(1) whether one or more of the civil penalty assessment factors in NCGS 143 B-282.1(b)
pop
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 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 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 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 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
.Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document 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 normal 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. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S:SWPI.Macon',Wastc«ater Municip all,Fran klin W WTP 21 TIV-3013-0135.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0135 County: Macon
Assessed Party: Town of Franklin
Permit No.: NC0021547 Amount Assessed: $387.00
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 may be granted only when one or
more of the following five factors applies. 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);
(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;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN R4
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FRANKLIN/ )
FRANKLIN WWTP )
PERMIT NO. NCO021547 ) FILE NO. LV-2013-0135
Having been assessed civil penalties totaling$387.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated July 12, 2013,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 Quality within thirty(30) 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 day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Franklin
CASE NUMBER:LV-2013-0135
PERMIT: NCO021547 FACILITY: Franklin WWTP COUNTY: Macon REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 2-2013 001 Effluent BOD-Conc 02/02/13 3 X week mg/I 45 96.7 114.89 Weekly Average Exceeded

EFFLUENT
NC0021547 DISCHARGE NO: 001 MONTH: February YEAR: 2013
F J
NAME:P Town of Franklin W.W.T.P CLASS: III COUNTY: Macon
CERTIFIED LABORATORIES(1): In HOUSE CERTIFICATION NO. 280
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) Wayne M Price GRADE IV CERTIFICATION NO. 6757
PERSON(S)COLLECTING SAMPLES: Operators ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED: NO FLOW/DISCHARGE FROM SITE
MAIL ORIGINAL AND ONE COPY TO-
ATTN:CENTRAL FILES 1 �
Division of Water Quality Q
1617 Mail Service Center X +t�
Raleigh,NC 27699-1617 (SIGNATUR OPERATOR IN RESPONSIBLE CHARGE) DATE
BY THIS SIG ATURE,I CERTIFY THAT THIS REPORT IS s�
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
60050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 TGP3B 71900
U
EFF y
INF o C 0) y o Qf
E c 0 U ° c c? T CD 0 r
t c z a E = 0 o a
w > E r m a 10 w `o m z °c y
Q ¢ c m m a v O 0 N o 0 :9 a x
p . 2 YO O E rn m E .� (� N 0 O ~
1Y`C E 0 N h
Q�.. Q 0 Q
O O u_
HRS HRS Y/N/B MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L G/L MG/L MG/L
,. .,.,A LEILIZZme., >, LEE
2 1.1125 5.4
.77,77, 77777777
-
4 0730 8 Y 1.0035 9 7.6 4.1
2 ., 'aa�h.,_
Z
s 0730 8 Y 0.8965 11 7.4 48 13.7 4.2 3
x4 .4,5 10 0' ",; 4 0y ���'� T 7M ELE
8 0730 8 Y 0.8381 11 7.5 3.5
= 9 axa F"c l Q 8023 N z x u 7 N $ a �r . , c `J• v 3u e$ 9 ca U s
k. S.�.= 1... '
10 0.9886 _ 3.6
7 a>5.
12 0730 8 Y 0.9425 11 7.5 45 11.0 < 0.10 5.3 1
17, 1 ' 7777 ° z
14 0730 8 Y 0.7815 10 7.6 20 5.8 4.1 4
,-
s s�; �"8664 � 9 7,6 :�•" �'� „xK �"�'��."�. 4,3 r� �
16 0.4016 4.4 v r iV
1�.. „ G .r s 7060
a� ;R
�18 0730 8 Y „ �1.0435 8 7.6 78.0 c� e
-
20 0730 8 Y 0.8065 9 6.8 < 19 40.4 5.0 6
22 10730 8 Y 1.1655 10 7.4 5.1
.7, .'
24 0.8253 < 2.5
' LEEs: k-- .r � s ;
26 0730 8 Y 1.6615 11 7.1 28 6.0 0.10 2.9 76
1107,0,'
29 10730 8 Y 1.0050 10 7.2 1 21 1 5.4 3.8 6
30
AVERAGE: 0.9334 10 30 14.5 0.28 8.3 7 1 3.00 0.27
MAXIMUM .%, 1 6615,' 12 d
y MINIMUM: 0.4016 u _.�.8�. 6.8 < 19 r.w 5.4 < 0.10 < 2.5 1 3.00 0.27
rx
Monthly Limit 1.65 6 to 9 28 30 30 200
y"�©��-�.v- o 3� 9 ^le21,V -049915 -0/36

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable) Ei
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements F7
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time
the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the
time the permittee becomes aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who managed the system,or those persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Tap2f. wy&sc
Permittee (Please print or type)
jSignaePermittee*** Date
less submitted electronically)
95 East Main Street Franklin,NC 28734 828-524-2516 30-Nov-17
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES -
Certified Laboratory(2) Earth And Environmental Services Certification No. 352
Certified Laboratory(3) Prism Laboratories Inc. (Metals) Certification No. 402
Certified Laboratory(4) Environmental Testing Solutions Inc.(Toxcity) Certification No. 600
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Uiiit at(919)733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to.the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
**Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).

ToWN OF FRANKLIN
ate,srr'q '
4au11�•
Post Office Box 1479
Franklin,North Carolina 28744
(828) 524-25I6
Jeff Menzel
DWQ—Surface Water Protection
Asheville Regional Office
Due to all the heavy rain that occurred for the week of January 28,thru January 31, 2013
the Town of Franklin WWTP is out of compliance for the weekly average on BOD of 45
mg/L our weekly average was 96.7 mg/L.
Wayne.Price/ORC

is�_-
tOf
Post Office Box 1479
Franklin,North Carolina 28744
[phone]
FACSIMILE COVER SHEET
This is page 1 of pages-
From: s c� �
Fax# [phone] Phone#[phone]
Am,
To: CIAl►� c'
COmpaay: v s S r a 0PG7` 0.111
Fax# A' Z R -70Y3
If you do not receive all ofthe pages indicated,please call ow office as soon as possible and give notice of
the pages that are missing,garbled or otherwise not received

Permit Enforcement History Details by Owner
07/10/13
1
Owner: Town of Franklin
Facility: Franklin WWTP
Permit: NCO021547
Region: Asheville County: Macon
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1999-0213 05/2B/99 $2,000 $50.00 $2,050.00 $.00 No 06/25/99
LV-1999-0398 10/01/99 $1,500 $50.00 $1,550.00 $.00 No 10/21/99
LV-2002-0186 05/21/02 $1,500 $100.00 $1,600.00 $.00 No 06/26/02
LV-2006-0098 1-2006 04/07/06 $1,500 $100.00 $1,600.00 $.00 No 06/05/06
LV-2009-0135 12-2008 05/06/09 $500 $51.00 $551.00 $.00 No 06/12/09
LV-2009-0136 1-2009 05/06/09 $500 $51.00 $551.00 $.00 No 06/12/09
LV-2010-0159 1-2010 05/24/10 $250 $67.00 10/08/10 $317.00 No
PC-2010-0065 07/15/10 $2,000 $67.00 08/02/10 05/22/11 $1,000.00 $1,067.00 $.00 No 06/17/11
DV-2000-0016 3-2000 $0 No
LV-2013-0070 1-2013 $500 $137.00 $637.00 No
LV-2013-0135 2-2013 $250 $137.00 $387.00 No
Total Cases: 11 Total Penalty Amount: $10,500 Total Enforcement Cost: $810.00 Sum of Total Paid: $8,969.00 Total Balance Due: $1,341.00
Sum of Total Case Penalties: $11,310.00 Total Penalties after remission(s): $10,310.00

1•_IttE c4 ==..s s r k''v
v`.,a x m 3
rj
LtmitV.iolations MonitoringMolations Reporting Violations r Other Violations
t; Permit N 0021547 ;Details< -`,SQC: �.�AD: O ;.�iNta,is Ftt:onitoring Report 02-2013 Details... .,•.
Facility: Franklin���1"tTP — Details... „ Region: +sh'evilie County. tulaco
Owner. ( ownT of Franklin '� Fataintain... Incident Getaii .. Inspect.Dt: C Cetaii
Facility Reported As Compliant '�"y Non-Compliant r hlo�} �..V W ' t'Reported Q Is signed ReportT pe` D1v1R°'
*Outf. 'Location *Parameter. *Date Manual *Description SOC Limit *Catcu Unit %Over Action
0 ..... -Ma i;210 Y21921'20- V Lei 1: d ra ._ � � . 5 «_, f8 4 g�' £. :-
__ rn118� -grce o IJ .f J�/
001 Effluent ONorine,Tota 02/0512013 ❑ Daily Maximum... ❑ 28 31 jug.fl 10.714...No Action,BPJ_
001 Effluent Ghl,orine,Tata;.. 02106/2013 ❑ Daily.-Maximum... ❑ 128 48 ugh171.428...No Action,BPJ
001 Effluent tilgnne TotW-.,0210712013 ❑ Daily.Maximum ❑ j28 45 ug,9 60.714...No Action,BPJ
- 0
001 Effluent Chlonne,T©tat.10211212013 ❑: Daiiy-Maximum... ❑ 28 45 iug11 60,714...No Action,BPJ
001 Effluent Ghlonne,Tota:..10212712013 ❑ - Daily Maximum... ❑ 28 46 ugA ,54.285...jNo Action,BPJ '-
k;
41
i mate NOD... Initiate NOV... ins_iatg Enforcer:}ent..: Initiate Deman ... �3,e�.Recah ufare JI 1R...
Help Finii� ( Cancel
13 Lrmtt Violations found. !Ready SID:VLLP

EJA
NCDENR G e°
North Carolina Department of Environment and Nai
Division of Water Quality /
Pat McCrory Thomas A.Reeder III
Governor Acting Director ary
June 19,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1967 5929
Mr. Warren Cabe, Town Manager
Town of Franklin
Franklin WWTP
P.O. Box 1479
Franklin,North Carolina 28744-1479
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0369
Franklin WWTP
NPDES Permit No. NCO021547
Macon County.;
Dear Mr. Cabe:
A review of the February 2013 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
02/02/2013 001 BOD 96.7 mg/1 45 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0021547.
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. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the February 2013 Discharge Monitoring Report. You will then be notified
of any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day.period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\Far:828-299-7043 NorthCarolina
Internet:http://portal.nodenr.org/web/Wq Naturally
� � An Equal Opportunity',Affirmative Action Employer—50%Recycledi 10%Post Consumer paper

Mr. Warren Cabe
June 19, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
c D '=Q�NI'T)ES-A'shevlle Files:_
DWQ-NPDES Central Files
DWQ-NPDES Point Source Branch
S:\SWP\Macon\Wastewater\Municipal\Franklin WWTP 21547\NOV-NRE-2013-LV-0369.doc

TOWN OF FRANKLIN
a,srq w
Post Office Box 1479
Franklin,North Carolina 28744
[phone]
Jeff Menzel
DWQ—Surface Water Protection
Asheville Regional Office
Due to all the heavy rain that occurred for the week of January 28,thru January 31, 2013
the Town of Franklin WWTP is out of compliance for the weekly-average on BOD of 45
mg/L our weekly average was 96.7 mg/L.
Wayne lPrice/ORRCC

`tw;:!_ _
Post office Box 1479
North Carolina 28744
(828)524-25if
FACSIMILE COLTER SHEET
This is page 1 of z Pages-
From: f t cr "7-or
Fax# [phone] Phone#[phone]
To:� 6n-.7e ( '
. 1
Company: u
Fax# 22 Z R -7nY3
If you do not receive all of the pages indicated,please call our office as soon as possible and give notice of
the pages that are missing,garbled or otherwise not received.

NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A.Reeder John E. Skvarla, III
Governor Acting Director Secretary
June 19,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Warren Cabe, Town Manager
Town of Franklin
Franklin WWTP
P.O. Box 1479
Franklin,North Carolina 28744-1479
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0369
Franklin WWTP
NPDES Permit No. NCO021547
Macon County
Dear Mr. Cabe:
A review of the February 2013 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
02/02/2013 001 BOD 96.7 mg/1 45 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0021547.
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. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the February 2013 Discharge Monitoring Report. You will then be notified
of any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
SURFACL WA'T'ER.PROTECTION SECTION—ASHEVILI...E REGIONAL.,OFF[CE
Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 One
Phone:[phone]\Pax:828-299-7043 NorthCarol/ina
Internet:http://portal.ncdenr.org/web/wg
An Equal Opportunity'•.Affirmative Action Employer—50%Recycled/10%Post Consumer paper

Mr. Warren Cabe
June 19, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ-NPDES Asheville Files
DWQ-NPDES Central Files
DWQ-NPDES Point Source Branch
S:\SWP\Macon\Wastewater\Municipal\Franklin WWTP 21547\N0V-NRE-2013-LV-0369.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
August 13,2013
Sent via e-mail
Mr. Warren Cabe,Town Manager
Town of Franklin
P.O. Box 1479
Franklin,NC 28744
Subject: Remission Request of Civil Penalty Assessment
Town of Franklin WWTP f
NPDES Permit NCO021547 /
Case Number LV-2013-0135
Macon County
Dear Mr. Cabe:
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(919) 807-6398 or via e-mail at
[e-mail].
Sincerely,
'P_i- Vz7 �
Bob Sledge,Environmental Specialist
Compliance &Expedited Permitting Unit
cc: Enforcement File w/originals
Central Files w/attachments
Asheville Regional Office Wattachments
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] FAX:91 M07-6492
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

July 1,2013
NCDENR
Mr.Chuck Cranford
Division of Water Quality
2090 U.S.Highway 70
Swannanoa,NC 28778
Dear Mr.Cranford,
For the week of January 27 through February 2,2013 the weekly violation for BOD MG/L was due
to heavy rain.On January 30,2013 the Town of Franklin had 2.48 inches of rain fall.After,having
heavy rain for the month of January 2013,the heavy rainfall with already heavy flows for the month
had the facility somewhat upset.The Town of Franklin triedto adjust for the extra amount of flows
to the plant,but this was not enough to hold the plant in compliance.
The Town of Franklin is almost ready to put the new equalization basin on line.Its capacity is 1.5
MGD volume,and it will help in times of heavy rainfall.Please consider the amount of rainfall for
this month.The total amount of rainfall for January 2013 was 8.83 inches.
Sincerely,
Wayne Price
Town of Franklin ORC

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FRANKLIN/ )
FRANKLIN WWTP }
}
PERMIT NO.NCO021547 ) FILE NO. LV-2013-0135
Having been assessed civil penalties totaling$387.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 12,2013,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 Quality within thirty(30) 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. rr
This the S7h day of 20 �3
SI&VATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0135 County: Macon
Assessed Party: Town of Franklin
Permit No.: NCO021547 Amount Assessed: $387.00.
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 may be granted only when one or
more of the following five factors applies. 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);
K (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;
(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:

TOWN ®F FRANKLIN
�u StAlcq
3 FO
'rn.a.uw"'x
Post Office Box 1479
Franklin,North Carolina 28744
[phone] Mr. Warren J.Cabe
Manager
Town of Franklin
PO Box 1479
Franklin, NC 28744
May 20, 2013
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Gentlemen:
The Town of Franklin received a Notice of Violation and Assessment of Civil Penalty dated April 22, 2013 Case number
LV-2013-0070 and would like to respectfully request remission of the civil penalty.According to the Division of Water
Quality,the following factors may be considered as factors when reviewing our request:
1, "whether the violation was inadvertent or the result of an accident;"
2. "whether the violator had been assessed civil penalties for any previous violations;"
The violation that occurred was the result of 6.13 recorded inches of rainfall within a very short time frame of a few
days. Obviously rainfall amounts vary throughout the county but supporting documentation is attached.The operators
attempted to adjust the return sludge flow rates to remain in compliance but we were overwhelmed by the volume.This
also occurred as we are undergoing a sewer treatment facility renovation.The Town of Franklin has committed to
spending over$5 million dollars for the renovation which will place a new EQ basin online with new headworks which
will increase our capability to properly handle such flows.The project will be complete by late summer 2013.
Please consider our investment into this project to mitigate such accidental or inadvertent occurrences and the fact
that to my knowledge we have not been assessed civil penalties for any previous violations as our commitment to
complying with all applicable rules.and regulations and remaining a good steward of our natural resources when making
a determination as to the remission.
If you have further questions or need more information please feel free to contact my office at 828-524-2516.
Sincerely;
Warren J. Cabe
Cc:W Price,file

6Ij 46 3 0 Tr-7-5--
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
May 30, 2013
Sent via e-mail
Mr. Warren Cabe, Town Manager
Town of Franklin
P.O. Box 1479
Franklin,NC 28744
Subject: Remission Request of Civil Penalty Assessment
Town of Franklin WWTP
NPDES Permit NCO021547
Case Number LV-2013-0070
Macon County
Dear Mr. Cabe:
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(919) 807-6398 or via e-mail at
[e-mail].
Sincerely,
f Jor
Bob Sledge, Environmental Specialist
Compliance &Expedited Permitting Unit
cc: Enforcement File w/originals
Central Files w/attachments
Asheville Regional Office w/attachments
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NorthCdTolina
Phone;:www.ncwaterquality.org
gFAX:org 807-6492 �� �`N����
Internet:www.ncwvaterquality.org K`
An Equal Opportunity\Affirmative Acton Employer

DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Franklin / NCO021547
(Jan.2013 DMK)
County: Macon
Case Number: LV-2013-0070
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
One Weekly Averageexceeded the permit limit by 50.88 N.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and
monitoring the settling of the solids.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
04/18/2013

k7j'I�L�'Ar "'4
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 22, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Sam Greenwood, Town Manager
Town of Franklin
P.O. Box 1479
Franklin,North Carolina 28744-1479
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO021547
Town of Franklin
Franklin WWTP
Case No. LV-2013-0070
Macon County
Dear Mr. Greenwood:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$637.00
($500.00 civil penalty+ $137.00 enforcement costs) against the Town of Franklin.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Franklin for the month of January 2013.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0021547. The violations which occurred in
January 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Franklin violated the
terms, conditions or requirements of NPDES Permit NCO021547 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.
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).
Based upon the above findings of fact and conclusions of law, 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, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Franklin:
NoLCarolina
NaturallY
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]
Internet:www.ncwatergualitV.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
Ppvs.5, 00.00 NC0021547, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Cone.
$500.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$637.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
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 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) The 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 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 Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be
considered:

"'qqq(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 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 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 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 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3.F7File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document 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 normal 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. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S'1S`\11\Alaconl,WastcwateriNtunicipall Fran Uin Wt V't'P21547`�.LV.2013-0070.doc

PPV
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0070 County: Macon
Assessed Party: Town of Franklin
Permit No.: NC0021547 Amount Assessed: $637.00
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 may be granted only when one or
more of the following five factors applies. 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);
(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;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FRANKLIN/ )
TOWN OF FRANKLIN WWTP )
)
PERMIT NO.NCO021547 ) FILE NO. LV-2013-0070
Having been assessed civil penalties totaling $637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 22, 2013,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 Quality within thirty (30) 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 day of 120
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Franklin
CASE NUMBER: LV-2013-0070
PERMIT: NCO021547 FACILITY: Franklin WWTP COUNTY: Macon REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$500.00 1-2013 001 Effluent TSS-Conc 01/19/13 3 X week mg/I 45 67.9 50.89 Weekly Average Exceeded

EFFLUENT
o:VNCO021547 DISCHARGE NO: 001 `' MONTH: January YEAR: 2013
PCTY NAMTown Of Franklin W.W.T.P CLASS: ��� COUNTY: Maron
FIED LABORATORIES(1): In House CERTIFICATION NO. 280
(list additional laboratories an the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) Wayne M Pried 'GRADE, IV CERTIFICATION NO. 6757
PERSON(S)COLLECTING SAMPLES: Operators r r ORC PHONE 8Z8-524-4492
CHECK BOX IF ORC HAS CHANGED: NO FLOW)DISCHARGE FROM SITE'.
MAIL ORIGINAL AND ONE COPY TO:
ATTN:CENTRAL FILES t�
Division of Water Quality S:
1617 Mail Service Center X
Raleigh,NC 27699-1617 (SIGNATURE OF OP OR IN RESPONSIBLE CHARGE) u DATE
BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT,<IS;,C
ACCURATE AND COMPLETE TO THE BEST OFgMY-A6 •LEDGEr
�Gjlc lY��r 5) t'.11 :/Btlll til
50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 TGP3B 71900
FLUVV
Fa❑- ma y= c`
EINFFFT c mtj LCo y
o
`
TC
U 0 °'
rO/
E O 0 x oo= a
CL .E
E ! 0 f
W L O a. U) Z
AF o) N m
c O o "9 aL o x
o cn O oE E o o L3
m
v m U d d E O U) F-Of
cCLO li
O
HRS HRS Y/NIB MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L NG/L MG/L MG/L
7,5 :�5.. 1,9 .:
,..
2 0730 8 Y 0.7270 11 7.6 20 6.1 2.6 7
:..3_ : 0730 :.:E' Y. :`05865: 11. _ ?:5r 1_9 54 '<:010.:<_ 25;`i 32. t 2.40.: ,0$0-.,
4 0730 8 Y 0.6615 9 7.5 4.0
0.6039
6 0.5776 3.3
A.
Q
8 0730 8 Y 0.4435 9 7.5 23 5.2 < 0.10 2.6 1
:0730 ...:8: Y. ." 0 6240,`.. . 11- 7 6'} 20 4 9, p r <" 2 5;:
N.
10 0730 8 Y 1.0215 11 7.6 19 4.4 < 2.5 2
11j 4 6,`_
t
.F 7
12 70.6t0�90 3.2
.s'�3�r;•w'"L�_i_?..�.. i,�i'*`.. 'V�70 i? >>Yj n:.�. S,i".'.�{_�l t.: ,+ 2 .Jt_ 'f, i.. ��a. '' � 3.
•14 0730 8 Y 1.3702 15 7.5 3.0
is r:0730 ss::... Y ;-2 347) 14' . ,74, b' 48` ': 12.8.(.' >1.04
16 0730 8 Y 1.9105 15 7.3 49 56.7 276.0 520
0.730 c'8' _.,Y 2,1735 . 14_ 7 3.. i t '49 9 1..= : 5 4^ _ 9. , s x " 4w
18 0730 8 Y 1.7360 11 7.2 178.0 -
20 0.8860 - -- - --- -- -- - -
21
0730 6 9:, = r: x ..25 " ;
22 0730 8 Y 0.8650 9 7.7 19 11.8 1.10 4.9 1
<
24 0730 8 Y 0.8005 10 7.6 < 19 10.9 4.5 78
zs ` 30 8` Y 0`7063g 9 7 5 8.' u i -
3
26 0.6528 3.7
27 a a 0 6289
'28 0730 8 Y 0.8000 10 7.6 3.1
7755: � 11 ;'.�7 s t:.= 23 t': 8:_. ", - �
30 0730 8 Y 2,2995 13 7.5 47 11.3 3.7 2
1..9065" 270.4 111;'0. >.520_`, ,-
:.
AVERAGE: 1.0096 11 29 28.9 0.48 21.4 7 2.40 0.80
3470� 13 y ° 7 7,'4, 49�;i{ 270,4 "il`10♦ _, 520'= ,.*'' �`; 2{40" ,0 80'= �' `�_1. �: r;��n�; `
MINIMUM: 0.4435 s u 6.s 19 4.4 0.10 2.5 1 2.40 0.80
Comp (C)o FGrab(G)'' F G:,.u G G C uC C G G C G C C w
Monthly / 1.65 ,�5 to 9 28
30 30 200
WQ�R-V( e2 04i) f/D V Gam//�`"'Av ®✓496

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable)
Comp ant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time
the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the
time the permittee becomes aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who managed the system,or those persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Permittee (Please print or type)
*SignaPermittee*** Date
less submitted electronically)
95 East Main Street Franklin,NC 28734 828-524-2516 30-Nov-17
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Earth And Environmental Services Certification No. 352
Certified Laboratory(3) Prism Laboratories Inc. (Metals) Certification No. 402
Certified Laboratory(4) Environmental Testing Solutions Inc.(Toxcity) Certification No. 600
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
***Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).

Permit Enforcement History Details by Owner
04/19/13
1
Owner: Town of Franklin
Facility: Franklin WWTP
Permit: NCO021547
Region: Asheville County: Macon
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1999-0213 05/28/99 $2,000 $50.00 $2,050.00 $.00 No 06/25/99
LV-1999-0398 10/01/99 $1,500 $50.00 $1,550.00 $.00 No 10/21/99
LV-2002-0186 05/21/02 $1,500 $100.00 $1,600.00 $.00 No 06/26/02
LV-2006-0098 1-2006 04/07/06 $1,500 $100.00 $1,600.00 $.00 No 06/05/06
LV-2009-0135 12-2008 05/06/09 $500 $51.00 $551.00 $.00 No 06/12/09
LV-2009-0136 1-2009 05/06/09 $500 $51.00 $551.00 $.00 No 06/12/09
LV-2010-0159 1-2010 05/24/10 $250 $67.00 10/08/10 $317.00 No
PC-2010-0065 07/15/10 $2,000 $67.00 08/02/10 05/22/11 $1,000.00 $1,067.00 $.00 No 06/17/11
DV-2000-0016 3-2000 $0 No
LV-2013-0070 1-2013 $500 $137.00 $637.00 No
Total Cases: 10 Total Penalty Amount: $10,250 Total Enforcement Cost: $673.00 Sum of Total Paid: $8,969.00 Total Balance Due: $954.00
Sum of Total Case Penalties: $10,923.00 Total Penalties after remission(s): $9,923.00

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON F
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FRANKLIN/ )
TOWN OF FRANKLIN WWTP )
PERMIT NO. NCO021547 ) FILE NO. LV-2013-0070
Having been assessed civil penalties totaling 1637.00 for violation(s) as set forth in the
assessment document of the Division of..Water Quality dated April 22,2013,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 Quality within thirty(30) 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 day of mG 7 , 20 13
SIGNATURE
ADDRESS
7Wn U-( FCAA del„
WGrrGn Cu 6G� Man al 6 -
�� QUk I`t�y
2k7yY
TELEPHONE
��dr ,�Z7 254

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0070 County: Macon
.Assessed Party: Town ofFranklin
Permit No.: NC0021547_ _ Amount-Assessed:- $637.00. -
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 may be granted only when one or
more of the following five factors applies. 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'coritinuing 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;
_ (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:
See

....... .... ............................. ...................................... .............................................. ................—. ...............—-
N N N) N, — — --4 0) m D. CA
C. -4 m m A ca N O <0 C.
(0), cw� w ACl) cn ci, m m m cn m 0 mm cn (31 m N
co m C, -4 cn m (D (n ID m cn ID
• I Cj) Cn C" A 0) w rO wW Cl) ca co ca co In cn cn 0) C) cn (n C4 w CO
M 0 (0 M m " f� CO d CD
0) 0 m I'D co w w N. ca 0 0 CDN a) _.m-....OD w
W Wto N0 m cn ol m 0 w i L2 !2
Im Wa 0) 0 m 0) �D -4 M 0 co C. 0 0)
co 0) C. A w w co w
0 co co 0) (a m -4 C> cn m (n m a, m cn en
0 OD -j 0 ID W �D w (D co -4 C. 0)
CD............
2.
ol (n (n
-M Cl) w cn CD cn Ww 0 w -4 0) M M
W C.0 ro — to W w <D s y y rQ cn A b. (n (n j. P, ca N -4
.11 CO CO -4 N A m m N 0) 0 --4 -4 0 a 0 -4 m A m
—
..........................
8 CD co to (D (D co m N co (D to co — (0 (D ID (D (D (D co (D
I C> 0 V rn co M w -4 w cn C> -4 -4 0 -4 0 -4 (D 0) -4 W -4
0 0 C) C)
EL
-4 CD CD CO 0) -4
0) 0 0
cn 10 co -4 -.4 -4 Acn w 0) -4 0' 'D 04 'coo m (D 0
1.10 Co 0 Cj Cl -4 Cl — 0)
CDof
-4 -4 (n -1 N w w m ro N j 0) -4 (D (D 0) 00 Cil
(n N -4 -4 C:) (n A <D O t0 m w
W N CA W Cl) Cl) C.) ca co 0) w Cl) C.) w w cz w Cl)ca w ca 0 ca w w w w w c)
o o 0 0 0 0 0 0 a
p p p p p p p p p p 0 p
CO
h ; — 8 CD
0 (n a) CO W 0) m N A V A 0 w tD V W w
�g
------ 4V
<
ro 11) w co Wlb Cl) CIO w w w (a w w w w co w w w Cl) w ca w w Co
p p 9 p p p p p p p p p p p p p p p p p p p
iD :-4 co co 0 CD 0 w 8 0 :� 8 :�: -t� C4 w
N -4 OD co 0 -4 (nOD 0. m w 0
Cl) CO W I Cl) (1) W W W ci w Ww co Cl) ca w W W W0
(Dp p 0 p P P
co C) 0 co w w 'a C4 p
8 C-0 0 IV S
CD 0 j, b) io (D b 'm 0 -4 (D 0 0)m0 (n W C 0 n m 0) CO N) -4 ACD
iz
0 C a 0 C—D C—) C—) 0— —0 "0 —0 —C)
0 0 0 p p o 0 10 (D
. ..... .....
co co w
ro (n a 0 C)
0 (0 -4 0) m OD -4 --4
Cl> 10 (0 N Ot
-4 --J N m A w to N 4- W
p. ra N0 a 0 ca cn CD Cl)
O N p p p p p p !Q 0 C:, 0 Cl 0 0 -0
p p p
z: 60 C)w a CO, 00 CO, 00 OD, A.
mCD 0)
.......... ....... ......
CD
m-n -n co M -n m-n m
=1 m 0 co 0 0 = 'D 0 jD 2) -n ;u-n <
0 RL E a 20 a E 0 0) 0 R T)
Jj

History I Weather Underground Page 1 of 3
History for Franklin, NC
Month of January,2013
Month of January,2013
«Previous Month January ;14 c, 2013 9 .View;; Next Month»
Daily Weekly I Monthly Custom
Max Avg Min Sum
Temperature
Max Temperature 69°F 62°F 32°F
Mean Temperature 60°F 42°F 28°F
Min Temperature 56°F 32°F 17°F
Degree Days
Heating Degree Days(base 65) 38 23 5 714
Cooling Degree Days(base 65) 0 0 0 0
Growing Degree Days(base 50) 10 1 0 39
Dew Point
Dew Point 63°F 33'F -14°F
Precipitation
Precipitation 2.48 In 0.31 in 0.00 in 0.52 In
Snowdepth - - - -
Wind
Wind 22 mph 2 mph 0 mph
Gust Wind 40 mph 19 mph 16 mph
Sea Level Pressure
Sea Level Pressure 30.49 in 30.17 in 29.64 In
F Temperature Dei:9 Point
80 27
60r 7 I 16
40
20 r
0
i
.
4
_7
18
20 29
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
In Hg Barometric Pressure hPa
30.5 1I .(_ 1033
30.3 I.. ice '.. 1026
30.1 `tiF' —I .. ,✓wtif�i "1- i,��i r. 1019
1013
1006
297
29.51 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 30 31 999
mph 'Rind Speed Wnd Gust kmrh
_;. .... .. ., L..
i
:
-� -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
360.0 Uutnd Dir(deg)
IT
270.0 liUr ! i iy t i I
180.0 5 .!t t • 7 .)
90.0 E� r r •l.51 ��r•f ciF ,�.. k t...E lV ,� —; _r._F: ii ,C;"!•
0.01 2 3 4 5 6 7 •8 9.10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r29 30 h�lmemr
Certify This Report
Monthly Calendar Overview
http://www.wunderground.com/history/airport/K1 A5/2013/1/14/MonthlyHistory.html 5/22/2013

IF
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
May 30, 2013
Sent via e-mail
Mr. Warren Cabe, Town Manager
Town of Franklin
P.O. Box 1479
Franklin,NC 28744
Subject: Remission Request of Civil Penalty Assessment
Town of Franklin WWTP
NPDES Permit NCO021547
Case Number LV-2013-0070
Macon County
Dear Mr. Cabe:
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,
Bob Sledge, Environmental Specialist
Compliance & Expedited Permitting Unit
cc: Enforcement File w/originals
Central Files w/att_achments
aa�0 MU01fiall 011inagsd
luog"S aogaalo,�JjeM amunS/bMU
£LOZ � - Nnr
03A130MI
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NorthCarolina
Phone::www.ncwaterquality.org
to gFAX:919-807 6492 � LII' ��
Internet:www.ncwaterquality.org f2
An Equal Opportunity 1 Affirmative Action Employer

TowN OF FRANKLIN
M STET
a. sJ
e �
Post Office Box 1479
Franklin,North Carolina 28744
[phone] Mr.Warren J. Cabe
Manager
Town of Franklin
PO Box 1479
Franklin, NC 28744
May 20, 2013
Point Source Compliance/ Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Gentlemen:
The Town of Franklin received a Notice of Violation and Assessment of Civil Penalty dated April 22, 2013 Case number
LV-2013-0070 and would like to respectfully request remission of the civil penalty. According to the Division of Water
Quality,the following factors may be considered as factors when reviewing our request:
1. "whether the violation was inadvertent or the result of an accident;"
2. "whether the violator had been assessed civil penalties for any previous violations;"
The violation that occurred was the result of 6.13 recorded inches of rainfall within a very short time frame of a few
days. Obviously rainfall amounts vary throughout the county but supporting documentation is attached.The operators
attempted to adjust the return sludge flow rates to remain in compliance but we were overwhelmed by the volume.This
also occurred as we are undergoing a sewer treatment facility renovation.The Town of Franklin has committed to
spending over$5 million dollars for the renovation which will place a new EQ basin online with new headworks which
will increase our capability to properly handle such flows.The project will be complete by late summer 2013.
Please consider our investment into this project to mitigate such accidental or inadvertent occurrences and the fact
that to my knowledge we have not been assessed civil penalties for any previous violations as our commitment to
complying with all applicable rules and regulations and remaining a good steward of our natural resources when making
a determination as to the remission.
If you have further questions or need more information please feel free to contact my office at 828-524-2516.
i
Warren J. Cabe
Cc: W Price,file :.__. ._.. . _.._ .

F
ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MACON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF FRANKLIN/ )
TOWN OF FRANKLIN WWTP )
PERMIT NO.NCO021547 ) FILE NO. LV-2013-0070
Having been assessed civil penalties totaling$637.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 22, 2013, 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 Quality within thirty(30) 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 S-' day of G 1 120 13
SIGNATURE
ADDRESS
IVWA a'rr 1 C ra^hl"
WUryen 6f lei 1)09
Po QUk l��y
TELEPHONE
2S
Q

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0070 County: Macon
Assessed Party: Town of Franklin
Permit No.: NC..002,15.47.-- _: ;:-: .. . . Amount.Assessed::.$637.00
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 may be granted only when one or
more of the following five factors applies. 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);
(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;
_ (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:
See

History I Weather Underground Page 3 of 3
20
13 Temp.ff) Dew Point(°F) Humidity Sea Level Press.(in) Visibility(mi) Wind(mph) Precip.(in) Events
3 43 32 21 36 30 19 97 79 53 30.30 30.16 30.08 10 10 10 12 3 16 0.00
4 45 31 17 25 16 7 93 59 21 30.35 30.30 30.23 10 10 10 13 2 23 0.00
5 49 33 17 34 21 14 91 66 28 30.38 30,29 30.21 10 10 10 5 0 - 0.00 Rain
6 51 44 36 38 33 26 97 75 49 30.23 30.15 30.06 10 9 4 14 3 28 0.01 Rain
7 55 38 20 27 22 14 92 66 20 30.38 30.31 30.20 10 10 10 7 2 0.00
8 56 36 18 39 27 16 96 81 49 30.43 30.36 30.30 10 10 7 7 1 0.00
9 52 46 39 49 43 37 99 91 81 30.47 30.42 30.37 10 8 0 4 0 0.00 Fog
Rain
10 64 52 41 53 45 40 97 82 51 30.49 30.41 30.30 10 6 0 7 1 0.01 Fog'Rain
11 60 56 53 59 56 51 100 96 84 30.28 30.19 30.14 10 7 1 8 2 0.18 Rain
12 69 60 51 63 54 50 100 88 55 30.20 30.14 30.10 10 7 0 8 1 0.06 Fog llf
Rain
13 65 60 56 59 54 50 97 74 60 30.14 30.08 30.05 10 10 5 12 4 18 0.24 Rain
14 59 53 47 60 55 47 100 100 97 30.17 30.10 30.04 10 7 2 9 2 1.49 Rain
15 56 52 47 57 52 47 100 99 97 30.14 30.05 29.97 10 6 2 8 1 2.06 Rain
16 59 54 50 58 53 50 100 97 72 30.02 29.97 29.92 10 8 4 9 1 0.40 Rain
17 50 43 36 50 45 26 100 94 65 30.18 29.90 29.68 10 7 2 15 2 24 1.69 Rain
18 51 38 25 31 23 12 97 66 21 30.46 30.38 30.23 10 10 10 10 4 16 0.01
19 55 38 22 31 25 16 97 77 22 30.44 30.31 30.19 10 9 0 6 1 - 0.00 Fog
20 57 39 21 32 24 18 96 70 24 30.20 30.14 30.06 10 10 10 13 1 17 0.00
21 50 36 21 30 19 9 95 61 26 30.12 30.08 30.01 10 10 10 16 3 25 0.00
22 37 30 23 8 0 -14 43 30 12 30.23 30.16 30.08 10 10 10 13 8 23 0.00
23 48 36 23 24 16 3 87 50 32 30.28 30.19 30.10 10 10 10 9 4 0.00
24 43 32 20 31 14 -3 88 47 16 30.34 30.19 30.05 10 10 10 18 6 30 0.00
25 32 28 23 31 19 2 96 71 33 30.36 30.21 30.08 10 7 2 6 2 0.19 Rain
Snow
26 53 38 24 39 25 12 98 78 20 30.31 30.18 30.10 10 6 0 12 1 0.00 Fog
27 51 34 19 30 26 17 95 70 43 30.45 30.38 30.31 10 10 10 7 1 0.00
28 63 49 36 47 36 28 97 70 52 30.40 30.33 30.25 10 9 2 9 1 0.00
29 61 50 39 58 47 38 100 88 70 30.29 30.17 30.00 10 5 0 9 1 20 0.20 Fog'Rain
30 62 *52 41 60 53 34 100 92 70 29.99 29.72 29.54 10 7 1 22 7 40 2.48 Rain
Snow
31 41 35 29 32 21 14 84 59 34 30.04 29.92 29.66 10 10 2 17 7 31 0 Rain
.01
Comma Delimited Fife
& nm An c frN rx 7/n;rn n rt/Y 1 A 5 01'1 1 14/M n n th I v T-Ti qtnry'h tm 1 5/22/2013

History I Weather Underground- Page I of
History for Franklin, NC
Month of January,2013
Month of January,2013
Previous Month i-sa-nuary 14 12013 VIeW Next Month>>
[Mekly Custom 111 Daily Monthly Iii'
Max Avg Min Sum
Temperature
Max Temperature 69'F 52'F 32'F
Mean Temperature 60'F 42'F 28'F
Min Temperature 56*F 32'F 17*F
Degree Days
Heating Degree Days(base 65) 38 23 5 714
Cooling Degree Days(base 65) 0 0 0 0
Growing Degree Days(base 50) 10 1 0 39
Dew Point
Dew Point 63'F 33'F -14'F
Precipitation
Precipitation 2.48 in 0.31 in 0.00 in 9.52 in
Snowdepth - - - -
Wind
Wind 22 mph 2 mph 0 mph
Gust Wind 40 mph 19 mph 16 mph
Sea Level Pressure
Sea Level Pressure 30.49 in 30.17 in 29.54 in
Temperature Dew Point C
so - 27
60 - 16
40 4
V
20 -7
0 -18
-20 A. L. L L L I I i29
1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
in Hg Barometric Pressure hpa
30.6 1033
30.3 Y 1026
30. 1019
1013
1006
29.7
9
2
255 99
1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
mph %Ind Speed VbInd Gust km h
X
N.W
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
360.0 %Ind Dir(deg)
270.0
0.0
J
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Certify This Report
Monthly Calendar Overview
I,ffr -/Aininir 1 A 1;/?0 1'1/1/1 d/N/fnntIiI-,rT-T;&rNr-'7 'kfml 1; 1? A 1 q

Limit Violations , Monitoring Violations Reporting Violations Other Violations
Permit: NC0021547 Details...,.. SOC I .: ;AD: �� [a� I .Monitoring Report: 01-2013
_... . i
Facility: FranklinVSMffP i Details...) Region: sheville County: Macon
_ 4
klin n. Incident: ODs_=ils... ? Inspect.Dt. ODt� ;sOwner:
Facility Reported As: ;_ Compliant C9`Non-Compliant L'�Not Reported ®Is signed Report Type: DMR �
*Outfal *Location *Parameter *Date Manual Description SCC I Limit *Calcul.. Unit %Over Action 4
- - _
001 Effluent Chlorine,Tota... 01A 5I2013 ❑ _ Daily Maximum... ❑ 1128 48 ug1l 71.428...No Action,BPJ ii S
r 001 Effluent Chlorine,Tota... 01 A 612013 ❑;.r:D.aly'Maximum... ❑ 128 49 ugll 75 ;No Action,BPJ
001 Effluent Chlorine,Tota... 01/17/2013 ❑t .Daily Marirnum... ❑ 128 49 ug/l 75 INo Action,BPJ
r 001 Effluent Chlorine,Tota... 01l3012013 ❑ DaRT-Maximum... ❑ 28 47 ugll 67.857...'No Action,BPJ
r r_ 001 Effluent Chlorine,Tota:..i01131/2013 ❑ Qarist-tslaximum... ❑ '28 = 42 ugll 50 ,No Action,BPJ -----�
001 Effluent Solids,Total... 01119l2013 ❑ Vtreekl`y Average... ❑ 145 67.9 mgll (50.888...IProceed to N.aV. Add
Remove
i
1 III ►
l r�naat P�CAD.., lEinitiate,N.OV... Initiate ra�sCerr l9 �.. Ini�l�f D�r'��;and -ave &Recalculate
Help I Finish I l� Cancel
6 Limit Violationsfnund. _ Ready __ ___JSID:VLLP

NCER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
Governor Director Secretary
April 4,2013
CERTIFIED MAIL.
RETURN RECEIPT REQUESTED 70J2 1010 0002 1967 g523
Mr. Sam Greenwood
Town of Franklin
Franklin WWTP
P.O. Box 1479
Franklin,North Carolina 28744-1479
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0206
Franklin WWTP
NPDES Permit No.NCO021547
Macon County
Dear Mr. Greenwood:
A review of the January 2013 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
01/19/2013 001 TSS 67.9 mg/1 45 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0021547.
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. If you wish to provide additional information
regarding the noted violation,request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the January 2013 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION—ASNEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\Fax:[phone] North'Carollma
temet:htto://i)ortal.nodenr.orp/web/wg
An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper

Mr. Sam Greenwood t ,
April 4, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this )matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc : DW Ashe,O le File
DWQ Central Files —
DWQ Point Source Branch
S:\SWP\iti4ac,on\Wastewater\Municipal\Franklin WWTP 21547\NOV-NRE-2013-LV-0206.doc

NC®EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
Governor Director Secretary
April 4,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Sam Greenwood
Town of Franklin
Franklin WWTP
P.O. Box 1479
Franklin,North Carolina 28744-1479
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0206
Franklin WWTP
NPDES Permit No. NCO021547
Macon County
Dear Mr. Greenwood:
A review of the January 2013 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
01/19/2013 001 TSS 67.9 mg/1 45 mg/1
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0021547.
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. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten(10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the January 2013 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
SURFACE WATER PROTECTION SECTION—AS[1EVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannarioa,North Carolina 28778 One
Phone:[phone]\Fax:[phone] NoethCarolina
Intemet:http://portal.nedenr.orQiwebhvg
An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper

Mr. Sam Greenwood
April 4, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a
continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial
construction activities,then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:lswPFMacorl,wastew,iter\N:Iuiiicipal\Franklin WWTP21547\NOV-N12F-2013-1.,V-0206.doc

?ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. SigLiature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X Add r ssee
so that we can return the card to you. B. Received by(Print d N*e) C. Date of D ivery
■ Attach this card to the back of the mailoiece_ :964` �� ,
dress &A from items,17 �
sy;° o Ag ,:• delive y,stress below: ��\]
F D TI
iam Greenn,v.A T C) n
e cep" o
CgrttfI I Mail t3&Kpress,Mail
post rJ+f•re v; ,r'7 ;'�1eglstered alum RecelptforMerch dise
Frarlhn,PaC 287i1;, +,T3 O Insured Mail91' O.D.
Restricted Delivery
7012 `1010 `00:02 1"967 i.5523i' Ind is-1,j�•4
=S Form 3811,February 2004 Domestic Return Receipt i o2s9.

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
JANET CANTWELL
NCDENR-DWQSWP ---
f
2090 U.S.HIGHWAY 70
SWANNANOA NC 28778 J
Ili IlI Jill 1111IllfilIIlil1I111IIIli1i1111111l!111i11!Ili Illli ill I

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature el
K1.IN ly
item 4 if Restricted Delivery is desired. QJ' en
X
■ Print your name and address on the reverse O 4 ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. to of Deliver
A_Attaoh this card-to_the_back_nf-tha.mailniara — — -1
� n
North Carolina Department of essdifferentfrom 12 ❑Yes_
Environment and Natural Resources elivery address bell ❑No "
Division of Water Quality
Surface Water Protection Section f/SPS/
2090 U.S.Highway 70,Swannanoa, NC 28778CDENR I
Warren Cabe,Town Manager
Town-if Franklin ceType i
Franklin WWTP � Certitied Mail Q Express Mail
Post.Office Box 1479 1 Registered ReturnReceipt for Merchandise
Franklin,NC 28744-1479 j ❑Insured Mail C.O.D.
I di" Restricted Dellverj/t(ExmF,08) ❑Yes
- - 7012 1,Q 1,b r ii7 id 3 s].9 6f7. 5 9 9
PS Forrrir3811,February 2004 1 aDomestic Return Receipt

UNITED STATES POSTAL SERVICE
.4
•
Sender: Please print your nal; :S' and ZIP41. box
or
JANET CANTWELL
NCD NR-DWQ-SWP
HIGHWAY 70
2090 U.S&.�HIGHWAY 70
SWANNANOA NC 2877 !!�%6
))Jill )+hIIJ 1111)111111

i'IENDIEIR: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Com lete items 1,2,and 3.Also com lete A. Signature .NKLIN NC ,
item 4 if Restricted Delivery is desired. X �Q.P ❑A13 gen
■ Print your name and address on the reverse
ddressN
so that we can return the card to you. B. Received-bv�(Printed Name) 9Uea Deliver
■ Attach this card_to_thw-har_ir_nf_•',---- ------ ` 2013
North Carolina Department of, odtnlP / `
dress different fro It 17 ❑Yes
1FAEnvironment and Natural Resources delive address b ❑No
•• Division of Water Quality. ry
Surface Water Protection Section I LISPS
NCDENR, _ 2090 U.S.Highway 70,Swannanoa,NC 28778
MAren Cabe,Town Manager Ice Type
Town of Franklin Ed Certified Mail Express Mall
Post Office Box 1479 ❑Registered Return Receipt for Merchandisi
Franklin, NC 28744-1479 ❑Insured Mail .O.D.
Restricted Delivery?ptraFee) ❑Yes
7012 i] 0110 OOd2 `196`7 6056
oc Gam..;,"2Ri i Fnhn ions bhhd i i nnmaGtic Refurn Receipt 102595-02-M-154

UNITED STATES PO SCE First-Class Mail
0"� � Y�n���a Postage&Fees Paid
USPS
rtWlrr> `` Permit No.G-10
• Sen� P@Ae int your na e, address, and ZIP+4 in this box •
JANET CANTWELL
NCDENR-DWQSWP
2090 U.S.HIGHWAY 70
SWANNANOA NC 28778