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001 Effluent Ctdoiine,Torts_10M&2017 ® 0kadY Maximti•••••.m__ PA 28 36 ugA 71428_Na A.dwn,BPJ ` '�0r l;#.3
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1001 Effluent Ctdooine,Taia_10112=17 ® DadyMaodmum--_ ® 28 31 ugfi 10.714...NoA.ction,BPJ
001 Effluent Ctdodse,ToSa_101131P017 ® Daffy Mammum_ 28 33 ugl1. 17.857_NO A.dion,BPJ
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.001 Effluent Sotids,Twat_ IMU2017 ® MonthlyAmerage.. ® 30 53.04 __mgdl 76787_ "
001 Effluent Sofidsjolal 10114]2017 ® WeeWyA&erage— 45 28556_EngA 135679.
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NPDES PERMIT NO.:NCO041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W-4. ORC HAS CHANGED:No
eDMR PERIOD: 10-2017(October 2017) VERSION: 1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO SCHARGE*: NO
50059 004w snow cwlo camp cos3o Halt 99309 co6gg
'mott 8 m
Continuous SXweek SXweek SXweek Weekly SXweek SXweek SXweek Weekly
e e
Recorder Grab Grob Com Co. Composite Composite Grab Greb Composite
q V F S S O Z FLUw OB CBIgRME BOO-Cove NHI-N-Cov TS Cave FCOLIBR DO TOTALN-
2400¢lock Rrm 2400.1.& 11n yIBIN mgd su U94 -,A mlon k/100m1 m0 .0
1 0800 4 N 0.561
2 1042 24.9 0600 16 Y 0.598 173 129 12 5.6 1<1 86
3 0945 23.1 0600 16 Y 1298 7 27 12 53 3 8.5
4 0842 23.0 0600 16 Y 1.171 7.3 31 <2 <5 2 8.4
5 0918 24.6 0600 16 Y L315 7.2 27 <2 <5 6 TO
6 0857 233 0600 16 Y 1339 7.3 30 <2 10.5 <5 8 ]] 10.3
] 0800 4 N 1.005
8 0800 4 N 03
9 IN8 124,8 10600 16 Y 1 4.274 Tl 25 156.5 1000 3 6.9
10 1023 23.6 0600 16 B 2364 7 28 <2 14.0 14 73
11 0851 225 0600 16 Y 1888 7.2 31 <2 <625 26 7.2
12 0829 23.6 0600 16 Y 1.804 7 31 <2 014 5.8 4 T2 10.2
13 0857 24.5 0600 16 Y 1,874 7.1 33 2.22 Z2 6 7.4
14 0800 4 N 1,596
1s 0800 4 N 0.764
16 1041 NJ 0600 16 Y 1037 7 28 3.06 12.3 10 7.9
11 0910 22.5 0600 16 Y 1.915 17 120 2.48 <0.5 8.4 12 8 T94
1e 0955 23.8 10600 16 Y 1 1.488 74 22 1142 7.6 6 8.3
19 0917 24.4 0600 16 Y 1.732 7.3 29 <2 %8 11 8.2
28 0913 23.9 0600 16 Y 1.659 73 30 12 64 98 T9
22 0800 4 N 122
22 0800 4 N 0.672
23 104o 24.9 0600 16 Y 0.829 7.2 24 2.66 11.8 56 &1
24 0916 22.6 0600 16 Y 3.991 7 21 142 1 19J 3 67
23 0854 23.6 0600 16 Y 2.165 7.1 22 7.28 0,56 13.5 2 7.8 Il 4
26 0942 24.9 0600 16 Y 2.04 7 25 2,36 8.4 8 Z8
21 0852 232 0600 16 H1 1631 7 120 2.16 8 5 7.8
28 0800 4 N 0.903
29 0900 4 N 0.973
30 I052 24.9 0600 16 Y 1.198 7 22 <2 <0y 114.2 3 8.6 10.4
31 0918 22.4 0600 16 Y 1.51 7 120 <2 9 1 8.9
Mwt6ly Avenge Limit Is 30 30 200
muvwq Avenge: 1526226 2240%91 4.333636 0.28 53036364 6.161627 7.859091 10.048
Deily Muimum: 4274 74 33 56.5 0.84 1000 9B 8.8 114
Daly Minimum: 0.561 ] 0 0 0 0 0 6.7 7.94
e`"'No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; ENV WTHR=No Visitation-Adverse Weather; NOFLOW=No Flaw; HOLIDAY=No Visitation-Holiday
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NPDES PERMIT NO.:NCO041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
�, -GRADE:WW-4.- -- —
eDMR PERIOD:10-2017(October 2017) VERSION: 1.0 STATUS:Processed
COMPLIANCE STATUS:Non-Compliant CONTACT PHONE#:[phone] SUBMISSION DATE: 11/27/2017
11/27/2017
ORC/Certifier Signature: Greg Alan Padgett E-Mail:[e-mail] Phone #:[phone] Date
By this signature,I certify that this report is accurate and complete to the best of my knowledge.
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.
11/27/2017
Permittee/Submitter Signature:*** Greg Alan Padgett E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address:2100 Lake Rhodhiss Dr Valdese NC 28690 Permit Expiration Date:02/28/2015
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.
CERTIFIED LABORATORIES
LAB NAME:Lake Rhodhiss W WTP Lab,Blue Ridge Labs,Meritech
CERTIFIED LAB#:230,275,165
PERSON(s)COLLECTING SAMPLES:Norman Cook&Chris Bomlick
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
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 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 delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

NPDES PERMIT NO.:NC0041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W-4. ORC HAS CHANGED:No
eDMR PERIOD: 10-2017(October 2017) VERSION:1.0 STATUS:Processed
Report Comments:
*ALL REPORTED DATA ASSOCIATED WITH FLAGGED CONDITIONS ARE VALID NUMBERS.
WEEK#2-EFFLUENT WEEKLY TSS VIOLATION.
MONTHLY TSS VIOLATION

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Certified Mail#7017 2620 0000 9759 4278
Return Receipt Requested
July 23, 2018
Seth Eckard
Town of Valdese
PO Box 339
Valdese,NC 28690
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 W W Permit No.NCO041696
Town of Valdese
Lake Rhodhiss W WTP
Case No. LV-2018-0173
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,118.68($2,000.00 civil
penalty+$118.68 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Valdese for the month of October 2017. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No.NC0041696.
The violations, which occurred in October 2017,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES WW Permit No.NCO041696 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 maybe
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 Environmental Quality and the Director of the Division of Water Resources,I, G.
Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty
assessment against Town of Valdese:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

$1,500.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0041696,by discharging wastewater
into the waters of the State in violation of the Permit Monthly Average for Solids,Total
Suspended -Concentration
$500.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No.NC0041696,by discharging wastewater
into the waters of the State in violation of the Permit Weekly Average for Solids,Total Suspended
Concentration
2 000.00 TOTAL CIVIL PENALTY
$118.68 Enforcement Costs
2 118.68 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
j
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1 1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the 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 Resources 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.I(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 Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Rieht to an Administrative Hearing, and Stipulation of Facts" form within thirty_(30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 3: File a petition for an administrative hearine with the Office of Administrative Hearines:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
_— hearing._ You_may_ohtain_the_petition-form_from_the-Office_of_Administrative-Hearings.—Youmust_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 petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
1 Regional Office at(828)296-4667 or via email [e-mail].
Sincerely;
G. Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Ec: DWQ Laserfiche
G9WI2iR Q:B 'k W.tiICK�I ,M micipaRVsld•se WWII)1169MMIR VolnGoiu°2018 ]n_N(00,1169G I V20ISOM iLf

JUSTIFICATION FOR REMSSION REQUEST
Case Number: LV-2018-0173 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss W WTP
Permit No.: NC0041696 Amount Assessed: $2,118.68
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. § 14313-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(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 ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodhiss WWTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2018-0173
Having been assessed civil penalties totaling$2,118.68 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 23,2018,the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(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
II
SIGNATURE
ADDRESS
I
i
TELEPHONE
ll�

ATTACHMENT A
Town of Valdese
CASE NUMBER: LV-2018-0173
PERMIT: NCO041696 REGION: Asheville
FACILITY: Lake Rhodhiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
10/14/2017 10-2017 Solids,Total 5 X week mg/I 45 205.56 356.8 Weekly $500.00
Suspended- Average
Concentration Exceeded
10/31/2017 10-2017 Solids, Total 5Xweek mg/I 30 53.04 76.8 Monthly $1,500.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodhiss WWTP
Permit Number: NCO041696
County: Burke
Case Number: LV-2018-0173
ASSESSMENT FACTORS
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 Monthly Average TSS exceeded the permit limit by 76.78%.
One Weekly Average TSS exceeded the permit limit by 356.79%.
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 is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration.It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 have been two civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$118.68
7/20/2018
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

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Certified Mail # 7017 2620 0000 9759 5305
Return Receipt Requested
April 6, 2018
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0221
Permit No. NCO041696
Lake Rhodiss WWTP
Burke County
DearPermittee:
A review of the October 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 10/14/2017 45 205.56 Weekly Average Exceeded
Concentration (CO530)
001 Effluent Solids,Total Suspended - 10/31/2017 30 53.04 Monthly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

If you wish to_pr9v_ide-additionaLinformation_regarding the-nQted-vUati-Qn,-reque.sr-technical assistance, or ___
discuss overall compliance please respond in writing within ten 10 business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). 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.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
i r S nce ely,
-I
(On behalf of)
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
1 EC: Laserfiche
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G:\WR\WQ\Burke\WastewaterlMunicipal\Valdese WW P41696\DMR Violations\20180406_NC0041696_NOVN012018LV0221.rtf

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Certified Mail#70161370 0001 65719475
Return Receipt Q
Re nested
July 17,2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese,NC 28690
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 W W Permit No.NCO041696
Town of Valdese
Lake Rhodhiss W WTP
Case No. LV-2017-0222
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,616.62($2,500.00 civil penalty
+$116.62 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Valdese for the month of April 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No.NC0041696. The
violations,which occurred in April 2017, are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES WW Permit No.NCO041696 and G.S. 143-215.l(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 maybe 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 Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson,
P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of
Valdese:
State of North Carolina I Environmental Quality J Water Resources
2090 U.S.70 Highway,Swaunanoa,NC 28778
828-296-4500

Y
1500.00 1 of the 1 violations of 143-215.1(a)(6)and Permit NO.NC0041696,by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS- Cone.
$1 000-00---"-2 ofthe 2 violation—so f 1-43-TfK fa)(6)and Permit o.NC0041696,by discharging waste watefinto
the waters of the State in violation of the Permit Weekly Average for TSS- Cone.
$2,500.00 TOTAL CIVIL PENALTY
116.62 Enforcement Costs
$2,616.62 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. 143B-282.l(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(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
1
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
I

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and .
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining 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;
(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 Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment,and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(3.0)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request.'
Both forms should be submitted to the,following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

1
Option 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 mayobtain-the petition form-fronrthe-Office of Adririnlstrative 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 petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process,
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr.William F.Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for
1 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.
l If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
Sincerely,
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
G\WN\WQ\Berke\Wws,evaleeNlunicipal\Valdese WWI P 41696LLV-201].0222.nf

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-2017-0222 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss W WTP
Permit No.: NC0041696 Amount Assessed: $2,616.62
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 apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could notprevent 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:

1
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodhiss W WTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2017-0222
Havingbeen assessed civil penalties totaling$2,616.62 for violations as set forth in the assessment document of the
P g � )
Division of Water Resources dated July 17,2017,the undersigned,desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(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
J
i
TELEPHONE

ATTACHMENT A
Town of Valdese
CASE NUMBER: LV-2017-0222
PERMIT: NCO041696 REGION: Asheville
-FACILITY: Lake Rhodhiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/8/2017 4-2017 Solids,Total 5 X week mg/I 45 79.70 77.0 Weekly $500.00
Suspended- Average
Concentration Exceeded
4/29/2017 4-2017 Solids,Total 5 X week mg/I 45 167.50 272.2 Weekly $500.00
Suspended- Average
Concentration Exceeded
4/30/2017 4-2017 Solids,Total 5 X week mg/I 30 67.30 124.3 Monthly $1,500.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES -CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodhiss W WTP
Permit Number: NC0041696
County: Burke
Case Number: LV-2017-0222
ASSESSMENT FACTORS
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;
Two Weekly Average TSSs exceeded the permit limit by 77% &272%.
One Monthly Average TSS exceeded the permit limit by 124%.
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 is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration.It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

04
NPDES PERMIT NO.:NCO041696 PERNHT VERSION:3.0 PERMIT STATUS:Expired `
FACILITY NAME:Lake Rhodiss WWTP CLASS:WWA. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W-4. ORC HAS CHANGED:No
eDMR PERIOD:04-2017(April 2017) VERSION:1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NOJDISCHARGE*: NO
50050 00400 50060 C0310 C0610 1 C0530 3616 00300 C0600
a
r
a o S
Comivuous SXweek SXweek SXweek Weekly SXweek XweekSXweek Weekly
s$ a` 8 Rewrder Grab Grab Com osim Cam osi Com osim Gcab Greb Com osim
Y B $ b b a8
S B r O U O t' . PLOW pH CIH.ORWE HOD-Cove NH3-N-Co Tab-Cove FCOLI HR DO TOTALN-
2400 dock Hrs NOD eloek Hrs Y/Hw rand an ag/1 l 0 I #/106m1 - mHa
2 0800 4 1 N 1 0.784
2 0800 4 N I OA22
3 1023 24.4 0600 16 Y 1 2.235 6.8 25 <2 <5 4 ed
4 0901 22.6 0600 16 Y 3.526 6.8 25 >20.5 16.3 6 6.3
5 0839 23.6 0600 16 Y 2.387 6.9 29 11.7 9.75 <1 7.3
6 0830 23.9 0600 16 B 5.224 6.8 25 18.4 0.99 24 23 6.1 4.51
7 0808 23.6 0600 - 16 Y 2.976 6.6 21 66.3 348 I 7
5 0800 4 N 0.963
9 0800 4 N 0.906
3s 1014 24.2 0600 16 B 1.5 6.9 30 2.39 15 4 8.7
11 0852 22.6 0600 16 B 2.142 7 45 6.3 10.5 13.7 7 7.9 5.64
12 0803 23.2 Ofi00 16 B 1.348 6.9 26 9.45 13.3 2 7.3
33 0836 24.2 0600 16 B 0.947 6.9 28 3.17 62 1 7.5
34 0000 0000 0800 5 0.501 H H H H H H
15 0800 4 N 0.379
16 0800 4 N 0.45
17 1005 24.1 0600 16 Y 1.51 7 38 4.74 9a <1 7.9
1a 0912 23.1 0600 16 Y 2.054 7 36 2.15 <5 3 7.6
19 0812 23.0 0600 16 Y 2.219 7 30 <2 <0.5 <5 1 8.2 6.74
20 0910 24.0 0600 16 Y 1.854 7 38 <2 <5 1 7.6
21 0808 24.0 0600 16 Y L69 7 34 2 <5 1 7.2
xa 0800 4 N 1.265
m 0800 4 N 3.509
N 1018 24.3 06DO 16 Y 10.517 6.5 25 5.72 1.3 13 .600 6.4 9.2
25 0952 23.6 0600 16 Y 6.062 6.7 23 102 470 5 6.5
26 0809 22.3 0600 16 Y 3.466 6.4 37 79.1 254 >770 6.6
27 0815 24.1 060D 16 Y 1 3.559 6.7 38 16.3 36.4 24 7
28 0815 24.0 0600 16 13 2.069 6.7 23 17.7 64 I8 7
29 0800 4 N 0.911
30 0800 4 N 0.843
MoeNly Avenge Lkolm 3.5 30 30 200
Mvm*Aven, 22739 30.315789 19.364211 0.5725 .297368 5.433389 7.284211 6.5225
DeDy AlWorum: 10.517 7 45 102 1.3 470 770 8.7 9.2
n4drMcauraan. 0.379 6.4 21 0 0 10 0 6.1 4.51
•4"No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation-Adverse Weather; NOFLOW=No Flow; HOLIDAY No Visitation-Holiday
�/at
W/ /rol 71 A/I 71 V'0 4v",�!014�

Y l
NPDES PERMIT NO.:NCO041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE.W W-0. ORC HAS CHANGED:No
eDMR PERIOD:04-2017(April 2017) VERSION:1.0 STATUS:Processed
Report Comments: -
TSS Weekly Violations during week#2 and week#5. -
TSS Monthly Violation
Observed Holiday-April 14-Good Friday.
I

U.S. Postal Service'"
CERTIFIED MAILP RECEIPT
Domestic Mail Only
Er
a 0 FF F I C I A L U F-
N Certifed Mail Fee
LF) $
Extra Services&Fees ptrcckbo.,addf azappvpriate)
❑Return Recept n,edcopy) $
C3 ❑Return Receipt(electrone) $
LISPS Tracking ❑Ce fjud Mail Reslrkted Oaf ry $ postmark
r3 QAdutSigmture Required $
QAdult$ig,ruen,Restricted Relien,,$
Postage
Track Another Package + m
�r-1 Total Postage and Fees
o
r Seth Eckard
` Town of Valdese
Post office Box 339
Tracking Number 701ti137tt31.6571g475'; S, Valdese, NC 28690
.Status
Yctiilr item was deievered at 10 fl3 am nn July 28;20i 7 sn � rtY FieC>1
VA DESE No 28690
:;.,. .;. Jty 2 .,' }17 of 10'0;am i. a
.. .... _
. . .... . ESE„hNC 28696
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Ttalcking History .:.. -
ProductJnfarmat on

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-2017-0222 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss W WTP
Permit No.: NCO041696 Amount Assessed: $2,616.62
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 apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(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 preventyou from performing the activities necessary to achieve
compliance).
EXPLANATION: 1 ,
5 �L 1�0 / Jf00.Ye �eCI
RECEIVED/NCDE
Q/DWR
AUG -4 2017
Permitting Quality
Section
i
I
F
i

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIItONMENTAL_QUALLTY -- --
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES.AGAINST ADMINIST
RATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese
Lake Rhodhiss WWTP
PERMIT NO.NC0041696 ) CASE NO. LV-2017-0222
Having been assessed civil penalties totaling$2,616.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 17,2017 the undersigned,desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(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
I
i
r
i1ou 33 �
III TELEPHONE
2-1
' I
I

Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NC00416*96
Case Number.LV-2017-0222
April 20M TSS Violations;
The Town of Valdese violated weekly TSS limits for the week of April 23'—April 29*,2017.The
monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 291b.The
violations were a direct result of excess and continuous rain,as well as a failure of primary clarifier#1.
The area experienced approximately 6 inches of rain in.a 72 hour period.A total of 3 inches of rain fell
from April 23r4 through April 20. The plant received 12.7 million gallons on April 23'd,with peaks in
excess of 20 million gallons.The plant is not designed to handle the amount of flow that was received
during the week of April 20, Staff did all that could be done to minimalize the amount ofsolids that
were washed out of the plant.Average dailyfiowto the plant is normally 2.0 million gallons per day.
The discharge pipe on primary clarifier#1 ruptured and the primary had to be taken out of service.This is
increased hydraulic loading on the rest of the plant.This has since been fixed and the other clarifier
discharge pipe was addressed at the same time to insure no issues in the near future,
The Town is aware of inflow and infiltration problems,and is seeking funds to address the repairs and
replacement of some lines.The excess flow(rain watery as well as the issue with the primary caused an
upset to the plant.The plant hadd been operating efficiently and 4%etively before the heavy rains and had
no issues.
Staff is requesting that the weekly TSS violation for the week of April 291h and the monthly TSS violation
be remitted due to the natural causes beyond the staff and plants control.(heavy ruin).,
Thanks
Gr Padgett
Water Resources Director
Town of Valdese
828-879-2131
[e-mail]

ATTACHMENT A
Town of Valdese
—CASE-NUMBER:—LV--2017=0222----. —
PERMIT: NCO041696 REGION: Asheville
FACILITY: Lake Rhodhiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/8/2017 4-2017 Solids,Total 5 X week mg/I 45 79.70 77.0 Weekly $500.00
Suspended- Average
Concentration Exceeded
4/29/2017 4-2017 Solids, Total 5 X week mg/I 45 167.50 272.2 Weekly $500.00
Suspended- Average
Concentration Exceeded
4/30/2017 4-2017 Solids,Total 5 X week mg/I 30 67.30 124.3 Monthly $1,500.00
Suspended- Average
Concentration Exceeded
i
i
1

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001 Eguent Chlorine,Tina-0411MG17 Daffytta)omum- ® .28 3E1._m., uga 71428_No Adsan,BP3 ' \
.001 Muent Chlo[ine,Tota_04111Y2017 ® Daily tdammurn_ ® 28 45 ugll 60.714_No Aetton,BP,t
001 Effiumd Cht'ouhe,Tota__ON1712017 Daffy Maknium 128 38 ugfi 35714_No Action,13P3
001 Effiuent atorine,Tota_.0411812017 Daaiy ttaximum__ 28 36 ugfi 28.571.._t+to Actim BPJ `:.
001 Effluent Ctdonne,Tota_04119C2017 Daffy Maxtnwm__ 28 30 ugfi 7.1428_No Action,13P3 � w
. .001 went Chlorine,Tota__04ROQ017 Day Maximum 28 38 ugfi 35.714---No Action,BPJ
'.001 Effiuent Chtofirte,Iota_0412112017 ® Daffy tAaxinnrm_ 28 34 €rgfi 21.428.._No Action,BP,1
c OD1 EffluentCf ortnejota-04r26M17 � DaOy Maa6mum-__ � 28 37 ugfi IT2142...-NOAcbun,BPJ
001 SRI Ctrtorine,Tota_04rZ712D17
® Daily lidaurrwm_ E] 28 138 ugdt 35.714_No Action,8PJ
001 went Sokds,Twat_ 04F.i WI7 Eg lMonthly Average_ M30 67.3 _ mgtf 124.32_ ..
r; 001 Et9..uent Sands.,Totat_ 04ft?812017 WeeS:tg Average_ 45 79�.65 __mgti 77 -
001 went Sotids,Total._ 04t2V2017 ® WeetdyAverage_ ® 45 1674$_mgfi 27217
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Certified Mail#70161370 0001 65719475
Return Receipt Requested
July 17,2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese,NC 28690
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 W W Permit No.NCO041696
Town of Valdese
Lake Rhodhiss W WTP
Case No. LV-2017-0222
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,616.62($2,500.00 civil penalty
+ $116.62 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Valdese for the month of April 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No.NC0041696. The
violations,which occurred in April 2017, are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES WW Permit No.NCO041696 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 Environmental Quality and the Director of the Division of Water Resources, I, G.Landon Davidson,
P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of
Valdese:
State of North Carolina I Environmental Quality.I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

1 500.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0041696,by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS- Cone.
} --- $-1-,000.00 2-of-the-2-violations-of-1-43-2-15,-1-(a)(6)-and-Permit-No.N00041-696,_by discharging waste water into—
j the waters of the State in violation of the Permit Weekly Average for TSS-Conc.
$2,500.00 TOTAL CPAL PENALTY
$116.62 Enforcement Costs
$2,616.62 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Ra g lei h,North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the 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 Resources 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;
(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 Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request.'
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 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._ Y-ou may 2btai�ia p-til gs. 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 petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr.William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
jFailure 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
1 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 with the Division of Water Resources staff of the Asheville
1 Regional Office at(828)296-4667 or via email [e-mail].
Sincerely,
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
(-Wp NQ,B k�,Wna' 't W i:i,JNald.�o WW]T 41 AILN-20II-02221f

JUSTIFICATION FOR REAUSSION REQUEST
Case Number: LV-2017-0222 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss WWTP
Permit No.: NC0041696 Amount Assessed: $2,616.62
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 apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(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 ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodhiss W WTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2017-0222
Having been assessed civil penalties totaling$2,616.62 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated July 17,2017,the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(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
1
I
TELEPHONE

ATTACHMENT A
Town of Valdese
CASE NUMBER: LV-2017-0222
PERMIT: N00041696 REGION: Asheville
FACILITY: Lake Rhodhiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/8/2017 4-2017 Solids,Total 5 X week mg/I 45 79.70 77.0 Weekly $500.00
Suspended- Average
Concentration Exceeded
4/29/2017 4-2017 Solids,Total 5 X week mg/I 45 167.50 272.2 Weekly $500.00
Suspended- Average
Concentration Exceeded
4/30/2017 4-2017 Solids,Total 5 X week mg/I 30 67.30 124.3 Monthly $1,500.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodhiss WWTP
Permit Number: NC0041696
County: Burke
Case Number: LV-2017-0222
ASSESSMENT FACTORS
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;
Two Weekly Average TSSs exceeded the permit limit by 77% &272%.
One Monthly Average TSS exceeded the permit limit by 124%.
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 is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration.It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

NPDES PERMIT NO.:NCO041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Bunke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W-4. ORC HAS CHANGED:No -
eDMR PERIOD:04-2017(April 2017) VERSION: 1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO ISCHARGE*: NO
SOOsO 00400 50060 C0310 COfi10 t C0539 [�vsk
00300 -"a
a a
s ' .4i r
Continuous SXwxk SXweek SXweek Weekly SXweak SXweek Weekl
- .E
g c$ 4 K8K Rewrder Grab Grab Composite cot ow i-co--
AsiaGrab Greb Compositeg g g O z- now pH CIQARM BOO-Cone NIU-N-CO Coo! rCOLI RR DO TOSALN-
2400e1oek Hre 1400 dslk Ws Y/ mad Su uy/I mall my/1 � #1100m1 m9/1 man
3 0800 4 N 0.784
2 0800 4 N 0.422
3 1023 24.4 0600 16 Y 2.235 6.8 25 <2 <5 4 8.3
4 0901 22.6 0600 16 Y 3.526 6.8 25 >20.5 16.5 6 6.3
5 0839 23.6 0600 16 Y 2.387 6.9 29 11.7 9.]5 <1 7.3
6 0830 23.9 0600 16 B 5.224 6.8 25 18.4 0.99 24 23 6.1 4.51
7 0808 23.6 0600 16 Y 2.976 6.6 21 66.3 3948 1 7
8 0800 4 N 0.963 '
9 0800 4 N 0.906
10 1014 24.2 0600 16 B 1.5 6.9 - 30 2.39 <5 4 8.7
11 0852 22.6 0600 16 B 2.142 7 45 6.3 <0.5 13.7 7 7.9 5.64
12 0803 23.2 0600 16 B - 1.349 6.9 26 9.45 13.3 2 7.3
13 0816 2422 0600 16 B 0.947 6.9 28 3.17 6.2 1 7.5
14 0000 0000 0800 5 0.501 H H H H H H
1fiI 1 10800 4 N 0.379
16 0800 4 N 0.45
17 1005 q24.00600
00 16 Y 1.51 7 38 4.74 9.8 <1 7.9
18 0912 00 16 Y 2.034 7 36 2.15 <5 3 7.6
19 0812 00 16 Y 2.218 7 30 <2 <0.5 <5 1 8.2 6.74
20 0810 16 Y 1.854 7 38 <2 <5 1 7.6
21 0808 00 l6 Y 1.69 7 34 2 <5 1 7.2
22 00 4 N 1.265
z3 4 N 3.509
24 1018 124.3 10600 16 Y 10.517 6.5 25 5.72 1.3 13 >600 6.4 19.2
28 0952 23.6 0600 16 Y 6.062 6.7 23 102 470 5 J7,2842116.5225
26 0809 22.3 0600 16 Y 3.466 6.4 37 79.1 254 >770
27 0815 N.1 0600 16 Y - 3.559 6.7 38 16.3 36A 24
28 0815 24.0 0600 16 B 2.069 6.7 23 17.7 64 18
29 0800 4 N 0.911 -101
30 0800 4 N 0.843
MonNly Avengel3mY: 3.6 30 30 200
Mavt4ly A°e"ge' 2.2739 30.315789 19.364211 0.5725 7.297368 5.433388 D.41yM.tlmem: 45 102 L3 470 770 muyMmlmum: 0.379 6.4 21 0 0 0 0
****No Reporting Reason:ENFRUSH=No Flow-Reuse/Recycle; ENVWTHR=No Visitation-Adverse Weather; NOFLOW=No Flow; HOLIDAY No Visitation-Holiday
plat
Z
� /tr//71 /a 4V-0i�3/

NPDES PERMIT NO.:NCO041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W4. ORC HAS CHANGED:No
eDMR PERIOD:04-2017(April 2017) VERSION: 1.0 STATUS:Processed
Report Comments: - -
TSS Weekly Violations during week#2 and week#5. - - -
TSS Mombly Violation
Observed Holiday-April 14-Good Friday.
i
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Certified Mail # 7016 1370 000165719987 .
Return Receipt Requested
June 15, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0431
Permit No. NCO041696
Lake Rhodiss WWTP
Burke County
Dear Permittee:
A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 4/8/2017 45 79.65 Weekly Average Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended- 4/29/2017 45 167.48 Weekly Average Exceeded
Concentration (CC530)
001 Effluent Solids, Total Suspended - 4/30/2017 30 67.3 Monthly Average Exceeded
Concentration (CO530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swarmanoa,NC 28778
828-296-4500

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss_overall-compliance_please_respond_in-writing_within_ten_(1Q)_bausiness_days_after_receipt of_this_Notice._
A review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). 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.
Remedial ctions should have already been taken to correct this problem and prevent further occurrences in the
a y p
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
1 Cc: WQS Asheville Regional Office Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Burke\Wastewater\Municipal\Valdese W WiP 41696\NOV-2017-LV-0431.rtf -

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Certified Mail # 7016 1370 000165719987
Return Receipt Requested
June 15, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0431
Permit No. NCO041696
Lake Rhodiss WWTP
Burke County
DearPermittee:
A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 4/8/2017 45 79.65 Weekly Average Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - 4/29/2017 45 167.48 Weekly Average Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 4/30/2017 30 67.3 Monthly Average Exceeded
Concentration (CO530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

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) business dam after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). 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.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
Sincerely,
i
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
7 Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
I
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G:\WR\WQ\Burke\Wastewater\Municipal\Valdese WW P41696\NOV-201]-LV-0431.rtf

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Certified Mail#70161370 0001 6571 8249
Return Receipt Requested
June 21,2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese,NC 28690
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 W W Permit No.NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2017-0173
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$3,616.62($3,500.00 civil penalty
+$116.62 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Valdese for the month of February 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No.NC0041696. The
violations,which occurred in February 2017,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES W W Permit No.NCO041696 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 Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson,
P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of
Valdese:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778 ',
828-296-4500

1 500.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0041696,by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS- Cone.
--- 1-000-00 -2-of-theme violations-of-1-43 215-1(a)(6)-and Fermit No-NC-004-1-696,-by-discharging-waste water into -
the waters of the State in violation of the Permit Weekly Average for TSS-Cone.
$1,000.00 2 of the 2 violations of 143-215.1(a)(6) and Permit NoNC0041696,by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR.
3 500.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$3 616.62 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
j Raleigh,North Carolina 27699-1617
'I

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining 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;
(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 Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore,it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that o�mplete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 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_ohtain_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 petition may be filed by facsimile(fax) or electronic mail by an attached file(with restrictions)-provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regardingthe e filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F.Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
f
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
i
that occur after the review period of this assessment.
If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
Sincerely,
G.Landon Davidson,P.G.,Regional pervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
{ ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
G'\WE'bVQIB k6W.ew,,a1eil\Innicip;dlValAesa WWTV 41696LLV-2017-0173.rif
i

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-2017-0173 County: Burke
Assessed Party: Town of Valdese
Permit No.: NCO041696 Amount Assessed: $3,616.62
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 apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidahle 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 ENVIRONMENTAL QUALITY
COUNTY OF BURKE --- —
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodiss W WTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2017-0173
Having been assessed civil penalties totaling$3,616.62 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 21,2017,the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(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
i
TELEPHONE

ATTACHMENT A
Town of Valdese
CASE NUMBER: LV-2017-0173
PERMIT: NCO041696 REGION: Asheville
FACILITY: Lake Rhodiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
2/4/2017 2-2017 Coliform, Fecal MF, 5 X week #/100m1 400 552.90 38.2 Weekly $500.00
MFC Broth,44.6 C Geometric
Mean
Exceeded
2/11/2017 2-2017 Coliform, Fecal MF, 5 X week #/100ml 400 996.50 149.1 Weekly $500.00
MFC Broth,44.5 C Geometric
Mean
Exceeded
2/11/2017 2-2017 Solids, Total 5 X week mg/1 45 71.80 59.6 Weekly $500.00
Suspended- Average
Concentration Exceeded
2/25/2017 2-2017 Solids,Total 5 X week mg/I 45 65.20 44.9 Weekly $500.00
Suspended- Average
Concentration Exceeded
2/28/2017 2-2017 Solids,Total 5Xweek mg/1 30 37.60 25.2 Monthly $1,500.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodiss W WTP
Permit Number: NC0041696
County: Burke
Case Number: LV-2017-0173
ASSESSMENT FACTORS
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;
Two Weekly Geometric Fecals exceeded the permit limit by 38.23 %% 149.11%.
One Monthly Average TSS exceeded the permit limit by 25.18%.
Two Weekly Average TSSs exceeded the permit limit by 59.55%&44.88%.
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 is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration.It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 have been one civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
C9- Z 2-
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

DES PERMIT NO.:NC0041696 '� -.PERMIT VERSION:3.0 PERMIT STATUS: d
r'ACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W-4. ORC HAS CHANGED:No -
eDMR PERIOD:02-2017(February 2017) VERSION:1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
I 50050 00400 50060 C0310 C0610 C0530 31616 ones C0600
e e E
a = f
§ a c o .
Y Coon.... SXweek SXweek SXweek Weekly 5Xwee SXweek 5Xweek weekly
e 8 g Recorder Gmb Greb Compasile Composi�e Com!site Grab Grmb Camposie
S S F' S S O z now pH CHLORINE BOD-Coot N N-Cave 9a-C FCOLIBa DO TOrALN-
Noework W. NnO newt 8rc YAM raid su ogA m9/I m9n my/1 N/100mt mp/t me/1
1 0839 23.5 0600 16 Y 1.862 6.6 40 >22.1 23.3 >20700 73
3 0846 24.1 Ofi00 16 Y L805 6.8 34 >42.1 2.6 30.5 25 7.7 6.42
3 0829 23.7 0600 16 Y L498 6.9 43 8.16 12.3 6 7.9
4 0800 4 N 0.928
5 0900 4 N 0.509
6 lots 24.3 0600 16 Y 1.218 6.9 22 3.01 7.6 7 9.2
7 0901 22.7 0600 16 Y 1,613 6.8 42 4.22 13.6 1"18 8.1
s 0837 23.6 0600 I6 Y 1.761 6.9 46 32.7 303 390 7.4
9 0858 24.4 0600 16 Y 1.932 7 23 11.5 22 61600 7A
10 0822 23.4 0600 16 Y 1.544 7.1 39 As LS 12.8 540 7.9 4.77
11 0800 4 N 0.513
1E 0800 4 N 0.291
13 1022 24.4 0600 16 Y 0.997 7 34 3.18 15 <1 8.7
14 0908 22.8 0600 16 Y 1.602 6.8 <20 2.52 <0.5 <5 17 8.5 6.92
is 0821 23.2 0600 16 Y 2,67 7.1 41 2.75 15 2 8.1
16 0818 24.0 0600 16 Y 1.855 7 33 4.19 <5 >780 7.9
17 0824 24.1 0600 16 Y 1.29 J7.1 37 2,03 <5 1>840 7.8
19 0900 4 N 0.578
19 0800 4 N 0.46
30 1023 24.4 0600 16 Y 1,149 7 26 <2 - <5 I 8.9
31 0912 22.8 0600 16 Y 1.631 6.9 23 <2 <5 3 8.7
n 0825 23.2 0600 16 Y 2.375 7.1 39 <2 <0.5 <5 14 8 3.29
33 0812 23.8 0600 16 Y L592 7 136 39.5 326 45 7.3
24 0856 24.7 0600 16 Y 0.924 7.2 33 2.78 <5 67 7.7
25 0800 4 N 0.384
36 0800 4 N 0.353
27 0935 23.6 0600 16 Y 1,497 7 28 <2 <0.5 <5 20 9.1 7.71
i5 0857 -23.4 0600 16 Y 1.456 7.1 28 <2 <5 11 8.9
MooWy Avenge Limit 3.5 30 30 me
MovWyAvengr. L295964 32.75 9.777 0.82 37.555 65.14152 8.12 5.82
mayMvximem: 2.67 7.2 48 42.1 2,6 326 61600 9.2 7.71
n.uymmimam: 0.291 6.6 0 0 0 0 0 7.3 3.28
--**No Reporting Reason:ENFRUS,E=No Flow-Reuse/Recycle; ENV WTHR=No Visitation-Adverse Weather; NOFLOW=No Flow; HOLIDAY=No Visitation-Holiday
� taS

NPDES PERMIT NO.:NC0041696 PERMIT VERSION:3.0 PERNIIT STATUS:Expired
FACILITY NAME:.Lake Rhodiss W WTP CLASS:W W4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
_GRADE:W W-4. _—_ — OR2C$AS CHANGED:
eDMR PERIOD:02-2017(February 2017) VERSION:1.0 STATUS:Processed
Outfall 001-Downstream Comments:
Castle Bridge Boat Access -
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r091 Effluent Ctdonne,Tota_02113M17 DaaiyMaximum_ 128 34 u�gR 21428 NoA�on,
'.001 Effluent Chlorine,Tota_02fl5M17 ® Daify Maaumum_ 28 41 ugA 46.428_No
J 001 Effluent Chlorine,Tota_02fl612D17 Daily Maximum_ 28 33 ugA 17.857_Pfo AcEon,�'1 � P
001 Effluent Chlorine,Tota_60717P1017 Daily Maximum_ 28 37 ugtl 32.142_No Acfiora,BPJ
001 Effluent Chlorine.Tota...02022017 Dady Maznmm._ 28 39 argl 39 285_.Mo AcffM ON
001 Effluent Chlorine,.Tota_02232D17 ® y Maximum_- 28 36 UgR 28.571_tWo Amon,t#P.t �,
001 Effluent Chlodne,Tota- WJ24f2D17 Maximum_. 28 33 ugo 17.857...No AdcSon,E3PJ
1001 Effuent Cat form,Feo_ 02mi:2017 lWeeldy Geomet_ jo 400 __55Z92._#fifHkmt 38230_
oot jEffluent Cohfrnrn,Fec� 02f11P2o17 Weeldy Geomet_ 400 _9%-45_#1100ar9149-11_
ooi lEmuent Sonds,Tofiat_ o2rzamV ® MonttalyAvetat#e--- a0 3755 --- nagk 25.183�
Ooi fluent Satids,Total..- 02f11MV � WeekiyAverage_ � 45 71.8 _mgA 59-555_
001 meft Solids,Totat_ 102r25M17 M WeeldyAmmge_ 45 65.2 _ mgy 44,888_.
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Certified Mail#70161370 00016571 8249
Return Receipt Requested
June 21,2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese,NC 28690
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 W W Permit No.NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2017-0173
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$3,616.62($3,500.00 civil penalty
+$116.62 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Valdese for the month of February 2017. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No.NC0041696. The
violations,which occurred in February 2017, are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Valdese violated the terms,conditions or
requirements of NPDES W W Permit No.NCO041696 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 maybe 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 Environmental Quality and the Director of the Division of Water Resources,I, G. Landon Davidson,
P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of
Valdese:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-2964500

$1,500.00 1 of the 1 violations of 143-215.1(a)(6)and Permit NO.NC0041696,by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS- Conc.
1000.00 2-o£the2violations-0£14.3=2.LS.1.(a)(6)-and_P-ermltND.NCOD41696,_b_y_discharging wastewater into—_
the waters of the State in violation of the Permit Weekly Average for TSS-Conc.
1 000.00 2 of the 2 violations of 143-215.1(a)(6)and Permit NO.NC0041696,by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR.
$3,500.00 TOTAL CIVIL PENALTY
116.62 Enforcement Costs
$3,616.62 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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
I
(8) The cost to the State of the enforcement procedures.
Within thirty(30) days of receipt of this notice,you must do one of the following:
1
1
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
1 (3) Submit written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the 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 Resources 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;
(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 Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearines:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
'_— hearing. _You may_olztain the p�tiYaoat_fo f_rQm 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 petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
I
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
1 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 with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
Sincerely,
ill
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
GdWRVNf 8aWW.aw, 1 ,\M,n.,.IIAalda W\k P41696dA-26p-0173.d

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV-2017-0173 County: Burke
Assessed Party: Town of Valdese
Permit No.: NC0041696 Amount Assessed: $3,616.62
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. § 14313-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(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 ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodiss WWTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2017-0173
Having been assessed civil penalties totaling$3,616.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 21,2017,the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(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
i
SIGNATURE
ADDRESS
a
i
TELEPHONE

ATTACHMENT A
Town of Valdese
CASE NUMBER: LV-2017-0173
PERMIT: NC0041696 REGION: Asheville
FACILITY: Lake Rhodiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
2/4/2017 2-2017 Coliform, Fecal MF, 5 X week #/100ml 400 552.90 38.2 Weekly $500.00
MFC Broth, 44.5 C Geometric
Mean
Exceeded
2/11/2017 2-2017 Coliform, Fecal MF, 5 X week #/100ml 400 996.50 149.1 Weekly $500.00
MFC Broth,44.5 C Geometric
Mean
Exceeded
2/11/2017 2-2017 Solids,Total 5 X week mg/1 45 71.80 59.6 Weekly $500.00
Suspended- Average
Concentration Exceeded
2/25/2017 2-2017 Solids,Total 5 X week mg/I 45 65.20 44.9 Weekly $500.00
Suspended- Average
Concentration Exceeded
2/28/2017 2-2017 Solids,Total 5 X week mg/1 30 37.60 25.2 Monthly $1,500.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodiss W WTP
Permit Number: NC0041696
County: Burke
Case Number: LV-2017-0173
ASSESSMENT FACTORS
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;
Two Weekly Geometric Fecals exceeded the permit limit by 38.23 %% 149.11%.
One Monthly Average TSS exceeded the permit limit by 25.18%.
Two Weekly Average TSSs exceeded the permit limit by 59.55% &44.88%.
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 is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration.It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 have been one civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

1
NPDE0 PERMIT NO.:NCO041696 - - PERMIT VERSION:3.0 PERMIT STATUS:Expired
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-4. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADE:W W-4. ORC HAS CHANGED:No
eDMR PERIOD:02-2017(February 2017) VERSION:1.0 _ STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
$0050 00400 50066 C0310 C0610 C0530 31616 00300 C0600
"D H
Us
e ° p
F
9 E CDnenucus SXweek SXweek SXweek Weekly 5Xwee 5Xweek SXweek Weekl
u 8 p Recorder Gmb Grab CompositeComposia CoconutsGmb Grab Composite
Y 9 e b b d
FLOW PH CDL0RIN8 DOD-Cave M-N-C4me -C4 FCOLIBR DO TOTALN-
24a0daa Hn moo dock Hrs wBM mgd an v9/1 mgN mgit mg/1 W100m1 .911 Me
3 0839 23.5 0600 16 Y L862 6,6 48 >22.I 23.3 >20700 7.3
2 0846 24.1 0600 16 Y 1.805 6.8 34 >42.1 2.6 30.5 25 7.7 6.42
3 0829 23.7 0600 16 Y 1,498 6.9 43 8.16 12.3 6 7.9
4 0800 4 N 0,928
5 0900 4 N 0.509
6 1018 24.3 0600 16 Y 1,218 6.9 22 3.01 7.6 7 9.2
7 0901 22.7 0600 16 Y 1,613 6.8 42 4.22 1 13.6 y 10818 1 8.1
8 0837 23.6 0600 16 Y 1.761 16.9 46 32.7 303 J37.4
9 0858 24.4 0600 16 Y 1.932 7 23 11.5 22 7.4
10 0922 23.4 0600 lb Y 1.544 7.1 39 14.8 15 12.8 T9 14.77
11 0800 4 N 0.513
12 0800 4 N 0.291 -
13 1022 24.4 0600 16 Y 0.997 7 34 3.18 <5 <1 8.7
14 0908 MA 0600 16 Y 1.602 6.8 <20 2.52 <0.5 <5 17 8.5 6.92
15 0821 23.2 0600 16 Y 2.67 7.1 41 2,75 <5 2 8.1
16 0818 24.0 0600 16 Y 1.855 r 7 33 4.19 <5 1>780 7.9
17 08N 24.1 0600 16 Y 1.29 7.1 37 2.03 <5 >840 7.8
18 0800 4 N 0.578
19 0800 4 N 0.46
20 1023 24.4 0600 16 Y 1 1,149 7 26 1<2 15 1 8.9
21 0912 22.8 0600 16 Y 1.631 6.9 23 <2 <5 3 8.7
22 0925 23.2 0600 16 Y 2.375 7.1 39 <2 <0.5 <5 14 8 3.28
23 0812 1 23.8 10600 16 - Y 1.592 7 36 39.5 326 45 7.3
m 0856124.70600 16 Y 0.924 7.2 33 2.78 <5 67 73
m0800 4 N 0.384
260800 4 N 0,353
27 0930600 16 Y 1,497 7 28 <2 <0.5 <5 20 9.1 7.71
m 0850600 16 Y 1,456 7.1 28 <2 <5 Il 8.9
MoaWy Average t.imit 3.1 30 30 200
Mtt*Averagr. 1.2959M 32.75 9.777 0.82 37.555 65.14352 8.12 5.82
Day Minimum: 2.67 7.2 48 42.1 2.6 326 61600 9.2 7.71
Day Minimum: 0,291 6.6 0 0 0 0 0 17.3 3.28
`***No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; BNVWTHR=No Visitation-Adverse Weather; NOFLOW=No Plow; HOLIDAY No Visitation-Holiday
tins
�DV� ZoI� - �V- o3�O �r4///;z>

NPDES PERMIT NO.:NC0041696 PERMIT VERSION:3.0 PERMIT STATUS:Expired 4
FACILITY NAME:Lake Rhodiss W WTP CLASS:W W-0. COUNTY:Burke
OWNER NAME:Town of Valdese ORC:Greg A Padgett ORC CERT NUMBER:25206
GRADED WW-4. — aRC-HAS CMWGED N6 - -
eDMR PERIOD:02-2017(February 2017) VERSION:1.0 STATUS:Processed
Outfall 001-Downstream Comments:
Castle Bridge Boat Access
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• 1 .. .: � -r Ott ��IS4
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Certified Mail #7015 1520 0003 5463 4620
I°
Return Receipt Reauested
May 15, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0340
Permit No. NCO041696
Lake Rhodiss WWfP
Burke County
Dear Permittee:
A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Coliform, Fecal MF, MFC Broth, 2/4/2017 400 552.92 Weekly Geometric Mean Exceeded
44.5 C(31616)
001 Effluent Coliform, Fecal MF, MFC Broth, 2/11/2017 400 996.45 Weekly Geometric Mean Exceeded
- 44.5 C(31616)
001 Effluent Solids, Total Suspended - 2/11/2017 45 71.8 Weekly Average Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 2/25/2017 45 65.2 Weekly Average Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 2/28/2017 30 37.55 Monthly Average Exceeded
Concentration (C0530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
2 828-296-4500

i
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute-(G.S-)443-215-1-and-the facility's-NPDE-S-Permit.—Pursuant to-G-S-14-3-215.6A,-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)business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). 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.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
1 potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
Sincerely,
_I c
G. Lan Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Greg A. Padgett/ ORC
G:\WR\WQ\Burke\Wastewater\Municipal\Valdese WWrP 41696\N0V-N01-2017-LV-0340.rtf

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a,. .. ......... Y......... .:a .._........... ... .... F._.: ....s<. �. .,o.,.� ......,.+ 1.
May 22,2817,419 pm Udivered VAI- ESE,N0 28M
May 19,2817,9:55 am Available for Pickup VALDESE,NC 28
May 19,2817,.8 1 am Arrived.at Unit VALDESE,NC 286M
May 18,2017,8:62 pm Departed USPS Facility GREENSBORO,NO 27496

NxateC'R�sosit� S.�Ay�IMtM�RMAN
aq�nt{4)!�N,T�t�id6ar,trY` flYrtcior-
Certified Mail # 7015 1520 0003 5463 4620
Return Receipt Reguested
May 15, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0340
Permit No. NCO041696
Lake Rhodiss WWTP
Burke County
DearPermittee:
A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Coliform, Fecal MF, MFC Broth, 2/4/2017 400 552.92 Weekly Geometric Mean Exceeded
44.5 C(31616)
001 Effluent Coliform, Fecal MF, MFC Broth, 2/11/2017 400 996.45 Weekly Geometric Mean Exceeded
44.5 C(31616)
001 Effluent Solids, Total Suspended - 2/11/2017 45 71.8 Weekly Average Exceeded
Concentration (C0530)
001 Effluent Solids,Total Suspended - 2/25/2017 45 65.2 Weekly Average Exceeded
Concentration (CO530)
001 Effluent Solids,Total Suspended - 2/28/2017 30 37.55 Monthly Average Exceeded
Concentration (C0530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
L
Statute G.S. 143-215.1 and the facility's NPDES Permit. 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) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). 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 30-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
III
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: Asheville WQ S Regional Office - Enforcement File
I;
NPDES Compliance/Enforcement Unit - Enforcement File
Greg A. Padgett/ ORC
G:\WR\WQ\Burke\VVastewater\Municipal\Valdese WW P41696\N0V-N01-201]-LV-0340.rtf

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 11,2015
Greg Padgett
Town of Valdese
PO Box 339
Valdese,NC 28690
Subject: Payment Acknowledgement
Lake Rhodiss W WTP
Permit Number:NCO041696
Case Number: LV-2015-0115
Burke County
Dear Permittee:
This letter is to acknowledge receipt of payment in the amount of$2,659.26 received from you dated
August 07,2015. This payment satisfies in full the above civil assessment(s)levied against the subject
facility, and this case has been closed. Payment of this penalty in no way precludes future action by this
Division for additional violations of the applicable Statues,Regulations, or Permits.
If you have any questions,please contact Wren Thedford at 919-807-6304.
Sincerely,
Wr&v,Ttied f o role
Wren Thedford
Wastewater Branch
� �D
cc: Central Files owi � Wate�r nee°ones
NPDES 2a15
Asheville Regional Office
Nlater On'ApW Regional Operations
A,11"v'lle p1, 4�or,ai Otlicu�_--
r
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] Fax:[phone]Customer Service:1-877-623-6748
Internet::w .ncwaterom
An Equal OpportunityVAfOrmafive Action Employer

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor
Secretary
Certified Mail#7014 0510 0000 4466 2190
Return Receipt Requested - -
July 21,2015
Christopher John Bortnick
Town of Valdese
PO Box 339
Valdese,NC 28690
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 No.NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No.LV-2015-0115
Burke County
Dear Pertnittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,659.26($2,500.00 civil
penalty+$159.26 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Valdese for the month of April 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0041696. The
violations,which occurred in April 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES Permit No. NCO041696 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
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Valdese:
2090 U.S.70 Highway,Swannanoa,NC 28778 -
Phone:[phone] UnterneC wwwmcdenngi v<http://NNi"v.nedemgov>
An Equal Opportunity\Affirmadve Action Employer-Made in pM by recycled paper

1500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0041696, by discharging
n of the Permit Monthly Average for TSS -
to water into the waters of the St
ate in violation
was w Y g
-- Cone. -- - -- -
500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for BOD -
Conc.
500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for TSS -
Conc.
2 500.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
2 659.26 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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(30)days of receipt of this notice,you must do one of the following:
1
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission,OR
1 (3) Submit a written request for an administrative hearing
l Option 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:
li NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the ;civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining 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;
(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 Resources will review your evidence and inform you of his decision
in the matter of your remission request. The'response will provide details regarding the case status; directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete 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 receint of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request"
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish t assessment document you must file a petition for an o contest an statement in the attached assessm
_Y _ Y Y P_ _
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 petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
_I Mr. Sam M.Hayes,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.
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0115 County: Burke
Assessed Party: Town of Valdese
Permit No.: NC0041696 Amount Assessed: $2,659.26
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. 4
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(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
I1
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:
I

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STH'ULATION OF FACTS
Town of Valdese )
Lake Rhodiss W WTP )
PERMIT NO.N00041696 ) CASE NO. LV-2015-0115
Having been assessed civil penalties totaling $2,659.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 21, 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (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 Valdese
CASE NUMBER: LV-201mlis
PERMIT: NCO041696 FACILITY: Lake Rhodiss WWTP COUNTY: Burke 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 4-2015 001. Effluent BOD-Conc 4118/15 5 X week mgA 45 76.90 70.8 Weekly Average Exceeded
$500.00 4-2015 001 Effluent TSS-Conc 4/18/15 5 X week mg/I 45 328.70 630.4 Weekly Average Exceeded
$1,500.00 4-2015 001 Effluent TSS-Conc 4/30/15. 5 X week mg/I 30 82.10 173.8 Monthly Average Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Lake Rhodhiss-Valdese/ NC0041696
(April 2015 RMR)
County: Burke
Case Number: LV-2015-0115
8 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 70.8%.
One Weekly Average TSS exceeded the permit limit by 630.4%.
One Monthly Average TSS exceeded the permit limit by 173.8%.
3) The effect on ground or surface water quantity or quality or on air quality;
Ail 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 additional aeration.
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 enforcement in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$159.26.
y?• Z 2 . 20�1 � !�
Date G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
07/21/2015 Asheville Regional Office, NCDENR

Permit Enforcement History Details by Owner
7/20/2015
1
Owner: Town of Valdese
Facility: Lake Rhodiss WWTP
Permit: NCO041696
Region: Asheville County : Burke
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt. Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LV-1998-0164 10/16/98 $1,000.00 $103.00 $1,103.00 $0.00 No 11/16/98
LV-1999-0369 9124/99 $1,000.00 $79.46 $1,079.46 $0.00 No 11/16/99
LV-2000-0051 2125100 $1,000.00 $79.46 _ $1 079.46 $0.00 No 3/8/00
LV-2000-0243 6/19/00 $1,250.00 $79.46 $1,329.46 $0.00 No 1130/01
LV-2001-0187 5/18101 $1,750.00 $79.46 $1,829.46 $0.00 No 60/01
LV-2001-0451 11/5/01 $1,250.00 $79.46 $1,329.46 $0.00 No 11/30/01
LV-2003-0221 4/7/03 $500.00 $100.00 - $600.00 $0.00 No 4/22103
LV-2003-0345 2-2003 4/7/03 $250.00 $50.00 $0.00 $300.00 No 7/11/06
LV-2093-0346 1-2003 477/03 $250.00 $50.00 $0.00 $300.00 No 7/11106
LV-2005-0339 7-2005 9/13/05 $500.00 $100.00 - $600.00 $0.00 No 10/18/05
PC-2007-0078 10/26/07 $4.000.00 $179.48 $4,179.48 $0.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1.000.00 $142.00 $1.142.00 $0.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2,000.00 $142.90 12/1/11 8122112 $1000 $1,142.00 $0.00 No 9/26112
LV-2012-0207 6-2012 12/3/12 $500.00 $137.00 113113 6/27/13 $500 $137.00 $0.00 No 8/13/13
LV-2012-0208 7-2012 12/3/12 $2,000.00 $137.00 113/13 6/27113 $2000 $137.00 $0.00 No 8/23113
LV-2013-0072 12-2012 4123113 $2,000.00 $137.00 $2,137.00 $0.00 No 5/30/13

7/20/2015
2
PC-2014-0001 1/6/14 $1,250.00 $137.00 $1.387.00 $0.00 No� 215114
LV-2014-0041 12-2013 4/24/14 $2,000.00 $147.50 5/15/14 6/3114 $1500 $647.50 $0.00 Noll 7/2114
LV-2015-0086 1-2015 6/e/15 $500.00 $159.26 $659.26 $0.00 No 711/15
LV-2000-0247 1-2008 $1,550.00 $145.00 $1,695.00 No
Total Cases: 20 Total Penalty Amount $25,550 Total Enforcement Cast: $2263.54 Sum Of Total Paid: $20,518.54 Total Balance Due: $2,295.00
Sum of Total Case Penalties: $27,813.54 Total Penalties After Remissions: $22,813.54

FEW
s EFFLUENT UIC26ELG(
I --
'. UN 29 2015 JUN19 2015
VPDES PERMIT NO.: NCO04 :1 I SC
7696 HARGi NO.: 103 MONTH APRIL YEAR:2016
-ACILITY NAME: LAKE RHODHISS WASTEWATER TREA MENT PLANT CLA S: IV COUNTY: BURKE
DPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PAD ETT 0 a(tY PP0I 9,FQ 001 fV I PHONE: [phone].
:ERTIFIEO LABORATORIES W W T P #230 ER ' f.F ,r }n ' __,.BL RIDGE LABS#275
:HECK BOX IF ORC HAS CHAkI��EU SON'(S)Cl3)r6EL'FfNG'SAXAfsLES CHRIS BORTNICK1,NORMAN COOK
1eIl ORIGINAL and ONE COPY to. `
,TTN:CENTRAL
N OF FILES
RVISIWATER QUALITY MAY 2 9 2015 x
ICDENR (SIGNAT E OF PERATOR IN RESPONSI HA8 6j N D / DATE
BY THIS$1111 RE,I CERTIF,yIH IS REPORT 18
/ ®�I'y
617MAIL SERVICE CENTER CENTRAL' ILES ACCURATE AN COMPLETE TOTHE BEST OF MY KNOWLEDGE, w .
ALEIOH, NO 27698.1617 rION
E 60050 1 00010 00400 50060 00310 00610
Q00 630 318.16 10110 I0-0 8�0D ~"I-'uarb
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2 =60Q z1G.. .I°°, .213 19 2 .24 5. 3 0
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4 m600 1 ,,X��1. 32 19 7.0 29 3.13 < 0.50 $ 5.80 3 -7.7 7.51� 0.60
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8 6QO . Y� 1. 92 18 2 3. 8 5.70 8 7.
4,18 ; ,,5
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All
AVERAGE �. '< .• 5 1. ###kHPAST
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�', I��o �,. : ; , ,.. ��'.. .. (y �'), . �a';
MOntkl Limit 61109 30.0 200
I Test Blank Out of OC. (2) Counts on"Post"Blank (H) Denotes Observed Holiday-Good Friday-41312016.
1LL REPORTED DATA ASSOCIATED WITH FLAGGED CONDITIONS ARE VALID NUMBERS.
WEEKI-YBOD&TSSVIPLATIONS4[13-411712015. MONTHLYT IOLATION RESULTED AS E -

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
_ -- - --- (including weeklges,if applicable --- --_—
Compliant
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 I1E.6 of the NPDES permit.
-t certuy,under penalty or law,that tins document ana au 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."
Wet Wery V. Morse
]Pernnuftee t r type)
tore ernutt + Date
quire unless submitted electronically)
Town of Valdese
PO Box 339 Valdese,NC 28690 828-879-2117 imorsepoi valdese nc us February 28 2015
Pe[aattee Address .i Phone Number e-mail address Pemat Expiration Dater
ADDIITON 'CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) 'Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No-
PARAMETER
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.as/was 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 SG.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).
. . . Page 2

Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NC0041696
April 2015: TSS &BOD Violations:
The Town of Valdese violated weekly TSS and BOD limits for the week of April 12s'—April 18t°, 2015.
The monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 12"s.The
violations were a direct result of excess and continuous rain,as well as a mechanical failure of secondary
clarifier 42. Secondary clarifier#2 had to be drained and inspected due to over torqueing.The blanket
was thin and relatively low yet the clarifier overloaded. It was later discovered after draining the clarifier
and clean it out and making a thorough inspection that a screwdriver was lodged in the turning
mechanism in the center. Flow was diverted to a primary clarifier that is no longer being used due to the
plant be so under capacity.All attempts were made to minimize the impact to the environment. Secondary
clarifier#2 was back in service as quickly as possible.
The Town is aware of inflow and infiltration problems,and is seeking funds to address the repairs and
replacement of some lines. The excess flow(rain water)as well as the mechanical issue with the clarifier
caused an upset to the plant. The plant was being operated efficiently and effectively before the heavy
rains and had no issues.
Greg Padgett
Wastewater Superintendent
Town of Valdese
828-879-2131
gpadgett n,ci.valdese.nc.us

AM
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 2190
Return Receipt Requested
July 21,2015
Christopher John Bortnick
Town of Valdese
PO Box 339
Valdese,NC 28690
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 No.NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No.LV-2015-0115
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,659.26($2,500.00 civil
penalty+$159.26 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Valdese for the month of April 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0041696. The
violations,which occurred in April 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES Permit No. NCO041696 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
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Valdese:
2090 U.S.70 Highway,Swannanoa,NC 28778
Phone:[phone] \Internet:www.nedcnr.gov<http://www.ncdclil gov>
An Equal Oppommiev\Affu-nuniva Action Employer-blade in part by recycled paper

1500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for TSS -
500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for BOD -
Conc.
$500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for TSS -
Conc.
$2,500.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
$2,659.26 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
-, Raleigh,North Carolina 27699-1617
2

~ Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining 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;
(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 Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest an statement in the attached assessment document you must file a petition for an
III-- --y — y -- -� -
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 petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: .[phone]
One(1)copy of the petition must also be served on DENR as follows:
I
Mr. Sam M.Hayes,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.
4

ry If
you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
I
Case Number: LV-2015-0115 County: Burke
Assessed Party: Town of Valdese
Permit No.: NC0041696 Amount Assessed: $2,659.26
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 apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(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;
i
(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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodiss W WTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2015-0115
Having been assessed civil penalties totaling $2,659.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 21, 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (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
I
SIGNATURE
ADDRESS
TELEPHONE

i
ATTACHMENT A
Town of Valdese
CASE NUMBER: LV-2015-0115
PERMIT: NC0041696 FACILITY: Lake Rhodiss WWTP COUNTY: Burke REGION: Asheville
Limit Violations
MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$500.00 4-2015 001 Effluent BOD-Conc 4118115 5 X week mg4 45 76.90 70.8 Weekly Average Exceeded
$500.00 4-2015 001 Effluent TSS-Conc 4118/15 5 X week mg/I 45 328.70 630.4 Weekly Average Exceeded
$1,500.00 4-2015 001 Effluent TSS-Conc 4/30115 5 X week mg/I 30 82.10 173.8 Monthly Average Exceeded

Permit Enforcement History Details by Owner
7/20/2015 '
1
Owner: Town of Valdese
Facility: Lake Rhodiss NNVTP
Permit: NCO041696
Region: Asheville County : Burke
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LV-1998-0164 10/16/98 $1,000.00 $103.00 $1,103.00 $0.00 No 11/16/98
LV-1999-0369 9/24/99 $1,000.90 $79.46 $1,079.46 $0.00 No 11/16/99
LV-2000-0051 2125100 $1,000.00 $79.46 $1079.46 $0.00 No 3/8/00
LV-2000-0243 6/19/00 $1,250.00 $79.46 $1,329.46 $0.00 No 1/30/01
LV-2001-0187 5118/01 $1,750.00 $79.46 $1,829.46 $0.00 No 6/7/01
LV-2001-0451 11/5/01 $1.250.00 $79.46 $1,329.46 $0.00 No 11/30/01
LV-2003-0221 4/7103 $500.00 $100.00 $600.00 $0.00 No 4122/03
LV-2003-0345 2-2003 4/7/03 $250.00 $50.00 $0.00 $300.00 No 7111/05
LV-2003-0346 1-2003 417103 $250.00 $50.00 $0.00 $300.00 No 7/11/06
LV-2005-0339 7-2005 9113105 $500.00 $100.00 $600.00 $0.00 No 10/18/05
PC-2007-0078 10/26/07 $4,000.00 $179.48 $4,179.48 $0.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000.00 $142.00 $1,142.00 $0.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2.000.00 $142.00 12/1/11 8122112. $1000 $1,142.00 $0.00 No 9126112
LV-2012-0207 6-2012 12/3/12 $500.00 $137.00 1/3/13 6/27113 $500 $137.00 $0.00 No 8113/13
LV-2012-0208 7-2012 12/3/12 $2,000.00 $137.00 1/3/13 6/27/13 $2000 $137.00 $0.00 No 8/23/13
LV-2013-0072 12-2012 4/23/13 $2,000.00 $137.00 $2,137.00 $0.00 No 5130/13

7/20/2015
2
PC-2014-0001 116114 $1,250.00 $137.00 $1,387.00 $9.00 No� 2/5114
LV-2014-0041 12-2013 4/24/14 $2,000.00 $147.50 5/15/14 6/3/14 $1500 $647.50 $0.00 Noll 7/2114
LV-2015-0086 1-2015 6/8/15 $500.00 $159.26 $659.26 $0.00 No 711115
LV-2008-0247 1-2008 $1,550.00 $145.00 $1,695.00 No
Total Cases: 20 Total Penalty Amount: $25,550 Total Enforcement Cost: $2263.54 Sum Of Total Paid: $20,518.54 Total Balance Due: $2.295.00
Sum of Total Case Penalties: $27 813.54 Total Penalties After Remissions: $22,813.54

V.
FMENT
LUENTU29 2015 JUN 19 2015
VPDES PERMIT NO.: NCO041696 NO.: 103MONTH APRIL YEAR:2075
°AGILITY NAME: LAKE RHODHIS WASTEWATER TRET CLA S: IV COUNTY: BURKE
3PERATOR IN RESPONSIBLE CHARGE(ORC): GREG PAD ETT R�dlc aQEr�tinn(V j PHONE: [phone]
:ERTIFIED LABORATORIES W W T P #230 , '. '��'ffAA��ERC' ....9LU RIDGE LABS#275
:HECK BOX IF ORC HAS CHA ED,, SONES)5%OkLEC- NG" LES CHRIS BORTNICK,4 N'ORMAN COOK
_ - QA z 4 / S'
1ailORIGINAL and ONE COPY to: -- -�'
RTN:CENTRAL FILES MAY 2 9 2015 3 " ""°" " --
VISION OF WATER QUALITY (SIGNA7 EOF PERATOR IN RESPONSIB ORT IS 9, / DATE
ICDENR BYTHISSIGNAT RE,ICERTI. IS REPORT IS ad ®15
617 MAIL SERVICE CENTER CENTRAL ILES ACCURATEAN COMPLETE TOTHE BEST OF MY KNOWLEDGE.
tALMO14, NC 27699.1817 rION
E 01. 50050 00010 00400 60060 00310 00810 00630 31818 00300 00800 00065 32730 TGP36
E m
t$ I- a FFOW 7 y Q Z a W W W Mill W Z Z O
W Ev w INF ❑ Q~> 7Z DO ZO Q.Z� QO.o 9W 4CD <0 0
r <o .O. -yin 2 O OOo OO _ a ULL.� . JO HO
E _J�.. V Q LU mN g.l... QNLU U- rOX OFF OFN = Ik
o 0 ° �� tYV QZ . yam. - US p0 Z i �- OF
_ a
HRS HRS YIN -MOD ° C S.U. </> UGIL MG/L- < MOIL MGIL < '8/100ML' MOIL MOIL MOIL <p MGIL P/F
1 ':8D0 ,16,x1,,! 15 ¢. -;'17,k 7 ;-`
1G -1.542 18 7.1 33 2.51 < 0.50 5.00 1 8.0 11.7 1.56
S ,-', .c�
0.646
77
6- "+"�� ,� 1.349 15 7.1 31 1 $.00 3 8.9
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g - ix
I 322 90
10 . . 3.23
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1
$
3 0 16t SC 1,� 7., ,.14.,
4 6'� ,+16_ „ 2.55 20 .7 3.49 < 0.50 6.80 7.7 13.2 2.20 I
3 '6005, 6 �97�, fa136+: > , 6 9 57, ,
6 ,'6ild r 16, yx 4.27 22 .8 <�� 0 261 �14 8 2 5.5
? :611u 6 , , 1.2r�4 7 19 31= 167,, ,'= .9 ,
$ . „
1.129
0 , `lb,�Y: 3.748 19 6.4 24 2.78f 8.20 15 75"
A '
4
2 :'600 I 0 -. 2.213 19 6.9 29 3.24 5.80 3 8.0
3 ;600+ w 7$9 .:)9 ?, 0. 51,
4 ff0'p 1¢, Y 19 7.0 9 � -3.13 < .50 f5. 3 - 7.7 7.51 0.60
1.33 �
S
;800 I
7 ,S b.: 16 .. s 6� . := 7•�,', 3 63:': .050;"S S.QQ ',: 1 4 ^11;A> 0:T .,
$ 600 # 1.892 18 7.3 24 3.98
9 t5l,6¢;` ,49 .7,J<�r 2S >:' � � c°� = _ � 1 8 -
1.773 20 7.3 29 2.665.
t77777777
AVERAGE < 7; ##### PASS
2 1- � 0,50, ;} ' - 8- •> ,6000 8, 13:4 . . 0` b.00 P SS:
NUNEVH M 0.609 15 �6.4v < 20 22 < 0.5 < 5.0 < 1 5.5 7.51 0. 0.000 PASS
. 0
Monthly Limit I 6 to 9 30.0 30.0 200
i Test Blank Out of QC. (2) Counts on"Post"Blank (H) Denotes Observed Holiday-Good Friday-41312015.
lLL REPORTED DATA ASSOCIATED WITH FLAGGED CONDITIONS ARE VALID NUMBERS.
WEEKLY &TSS VIOLATIONS 4/1 -4/17 015. MONTHLY TSS VIOLATION RESULTED L -

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages if apphi-abk)
— -
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
FX
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 ILE.6 of the NPDES permit.
"i certify,unaer penalty of taw,that tars document ana au attachments were preparea under my mrection 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,
i
including the possibility of fines and imprisonment for knowing violations."
Wery V. Morse
Permfttee s t r type)
Si " e_ crmr ***_ Date
(Requfri unless submitted electronically)
Town of Valdese
PO Box 339 Valdese,NC 28690 828-879-2117 jmorse�c us February 28 2015
Pemrittee Address ' Phoae Number a nm l address Permit Expiration Date _
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
I
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.jWwas 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: C heck this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the D1v1R for the entire monitoring period. -
"* ORC On Site?: ORC must visit facilityd d .an document visitation of facility as required per 15A NCAC 8G.0204.
tl' 4 P
•`* Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on
II
file with the;state per 15A NCAC 2B'sO5Q6(b)f2)(D)•
., Paget
i

Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NC0041696
April 2015: TSS &BOD Violations:
The Town of Valdese violated weekly TSS and BOD limits for the week of April 12'h—April 18s',2015.
The monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 12". The
violations were a direct result of excess and continuous rain; as well as a mechanical failure of secondary
clarifier Q. Secondary clarifier#2 had to be drained and inspected due to over torqueing. The blanket
was thin and relatively low yet the clarifier overloaded. It was later discovered after draining the clarifier
and clean it out and making a thorough inspection that a screwdriver was lodged in the turning
mechanism in the center. Flow was diverted to a primary clarifier that is no longer being used due to the
plant be so under capacity.All attempts were made to minimize the impact to the environment. Secondary
clarifier#2 was back in service as quickly as possible.
The Town is aware of inflow and infiltration problems,and is seeking funds to address the repairs and
replacement of some lines. The excess flow(rain water)as well as the mechanical issue with the clarifier
caused an upset to the plant. The plant was being operated efficiently and effectively before the heavy
rains and had no issues.
Greg Padgett
Wastewater Superintendent
Town of Valdese
828-879-2131
gpadgett(a?ci.valdese.ne.us

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Lake Rhodhiss-Valdese/ NC0041696
(April 2015 DMR)
County: Burke
Case Number: LV-2015-0115
8 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 70.8%.
One Weekly Average TSS exceeded the permit limit by 630.4%.
One Monthly Average TSS exceeded the permit limit by 173.8%.
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 additional aeration.
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 enforcement in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
07/21/2015 Asheville Regional Office,NCDENR

1�-::S
Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NC0041696
April 2015: TSS &BOD Violations:
The Town of Valdese violated weekly TSS and BOD limits for the week of April 12Ih—April 18`s, 2015.
The monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 12`s. The
violations were a direct result of excess and continuous rain, as well as a mechanical failure of secondary
clarifier#2. Secondary clarifier#2 had to be drained and inspected due to over torqueing. The blanket
was thin and relatively low yet the clarifier overloaded. It was later discovered after draining the clarifier
and clean it out and making a thorough inspection that a screwdriver was lodged in the turning
mechanism in the center, near the bottom of the column. Flow was diverted to a primary clarifier that is
no longer being used due to the plant being so under capacity. All attempts were made to minimize the
impact to the environment. The secondary clarifier#2 was put back in service as quickly as possible.
The Town is aware of inflow and infiltration problems, and is seeking funds to address the repairs and
replacement of some lines. The excess flow(rain water)as well as the mechanical issue with the clarifier
caused an upset to the plant. The plant was being operated efficiently and effectively before the heavy
rains and had no issues.
W
Q�So�°t
Greg Padgett
Pet�\OoS3�Clpe
o�a0role�eg°/
Wastewater Superintendent
Town of Valdese
828-879-2131
gDad¢ctt(wci.valdese.nc.us

42kDERR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 1, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6310
Mr. Greg Padgett, Wastewater Superintendant
Town of Valdese
Lake Rhodiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LV-0429
Lake Rhodiss WWTP
NPDES Permit No. NCO041696
Burke County
Dear Mr. Padgett:
A review of the April 2015 self,monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
04/18/2015 001 BOD 76.86 mg/L 45 ri .L
04/30/2015 001 TSS 82.13 m L 30 mg/L
04/18/2015 001 TSS 328.68 mg/L 45 mg/L
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. NC0041696.
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 April 2015 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 -
Phone: [phone] FAX: [phone]
Internet: http://podal.ncdenr,org/web/wq
An Equal Opportunityl Affirmative Action Employer

Mr. Greg Padgett
July 1, 2015
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources 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,
s
G. Landon Davidson,P.G., Regional Supervisor
Water Quality Regional Operations,NCDENR
II; Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES Point Source Branch
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I

Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NCO041696
April 2015: TSS &BOD Violations:
The Town of Valdese violated weekly TSS and BOD limits for the week of April 12`"—April 18`s,2015.
The monthly TSS limit was also exceeded due to the high TSS numbers from the week of April 12`s. The
violations were a direct result of excess and continuous rain,as well as a mechanical failure of secondary
clarifier#2. Secondary clarifier#2 had to be drained and inspected due to over torqueing. The blanket
was thin and relatively low yet the clarifier overloaded.It was later discovered after draining the clarifier
and clean it out and making a thorough inspection that a screwdriver was lodged in the turning
mechanism in the center,near the bottom of the column. Flow was diverted to a primary clarifier that is
no longer being used due to the plant being so under capacity.All attempts were made to minimize the
impact to the environment. The secondary clarifier#2 was put back in service as quickly as possible.
The Town is aware of inflow and infiltration problems, and is seeking funds to address the repairs and
replacement of some lines. The excess flow(rain water)as well as the mechanical issue with the clarifier
caused an upset to the plant. The plant was being operated efficiently and effectively before the heavy
rains and had no issues.
Ak
1 Greg Padgett OS, ... � Z
s&O00
Wastewater Superintendent ,
Town of Valdese
828-879-2131
gpadeettrLci.valdese nc us

CCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
July 1,2015
I
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6310
Mr. Greg Padgett, Wastewater Superintendant
Town of Valdese
Lake Rhodiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LV-0429
Lake Rhodiss WWTP
NPDES Permit No.NCO041696
Burke County
Dear Mr. Padgett:
A review of the April 2015 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
04/18/2015 001 BOD 76.86 mg/L 45 m .L
04/30/2015 001 TSS 82.13 mg/L 30 m L
04/18/2015 001 TSS 328.68 m L 45 mg/L
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.NC0041696.
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 April 2015 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.orglwebfwq
An Equal Opportunity/Affirmative Action Employer

ILPWA
ROM r i
North Carolina Department of Environment and Natural Resourcels t, LL4_
Pat McCrory Donald R.van der.Vaart
Governor Secretary
July 1,2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6310
Mr. Greg Padgett, Wastewater Superintendant
Town of Valdese
Lake Rhodiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LV-0429
Lake Rhodiss WWTP
NPDES Permit No.NCO041696
Burke County
Dear Mr. Padgett:
A review of the April 2015 self-monitoring,report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
04/18/2015 001 BOD 76.86 m L 45 mg/L
04/30/2015 001 TSS 82.13 mg/L 30 m L
04/18/2015 001 TSS 328.68 m L 45 mg/L
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.NC0041696.
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 April 2015 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:llportal.ncdenrorglweb/wq
An Equal Opportunity/Affirmative Action Employer

Mr. Greg Padgett ,
July 1, 2015
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources 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,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES Point Source Branch
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Updated Delivery Day:Monday,July 6,2015
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July 7,2015,9:24 am Delivered VALDESE,NC 20690
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July 6 2015 13i24'am AvapaGle' or.Picke�p VALDESE NCB $690
July 6,20i5,8:34 am Arrived at Unit ! VALDESE,NC 28690
„6uty 3,2015,5 51 pm .m b � . ' ��GREENSBO'RO,NC 27498 a..... _ -Cepar[ed'USPSFacffl
July 3,2015,3A7 pm Arrivau at LISPS Facifidy GREENSBORO,NC 27498
;;:Jui3t3;213#5 3:48am =Delr Bled Facilely REEI F E SC 9607
July 2,2015,6-56 pm A'rived at USPS Facifity GREENVILLE,SC 29607
July 2 ZO#5,3:06 CYetiice . :' Soy .: 87
July 2 2015 11 52 am Mcked Up SIMANNANOA,NC 28778

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
July 1, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6310
Mr. Greg Padgett, Wastewater Superintendant
Town of Valdese
Lake Rhodiss W WTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LV-0429
Lake Rhodiss WWTP
NPDES Permit No. NCO041696
Burke County
Dear Mr. Padgett:
A review of the April 2015 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
04/18/2015 001 BOD 76.86 mg/L 45 mg/L
04/30/2015 001 TSS 82.13 mg/L 30 mg/L
04/18/2015 001 TSS 328.68 m L 45 mg/L
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.NC0041696.
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 April 2015 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swan nanoa,North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://podal.nodenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer

Mr. Greg Padgett
July 1, 2015
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources 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,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES Point Source Branch
i
G NR.NQ1h,k,Ak te ,,&NI dde,,NkwLP4IP4EVOY-Al2C'O1SLV-0429_d.c

1W
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 5948
Return Receipt Reauested
June 08,2015
Jeffery V Morse
Town of Valdese
PO Box 339
Valdese,NC 28690
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 No.NCO041696
Town of Valdese
Lake Rhodiss W WTP
Case No.LV-2015-0086
Burke County
Dear Permittee:
This letter transmits allotice of Violation and assessment of civil penalty in the amount of$659.26($500.00 civil penalty
+$159.26 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Valdese for the month of January 2015. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0041696. The
violations,which occurred in January 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES Permit No. NCO041696 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
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Valdese:
2090 U.S.70 Highway,Sawmanoa,NC 28778
Phone:[phone] \Internet:mwwv ncdcncgov<http:/hvww.ncdenr.gov>
An Equal Opportunity\AtTinnadw Action Employer-Mud.in pw by mcy.hd paper

$500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the, waters of the State in violation of the Permit Weekly Average for TSS -
I- - _ -
onlc.
500.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
$659.26 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. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or 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
it
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
1 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
'i new violation(s). Please submit payment to the attention of:
j
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed
justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining 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 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 anaccident;
(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 Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
Hearings within seven 7 business days following the faxed
§150B-23.2 is received in the Office of Administrative Hear g O y g
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing:fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,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 GeneraPs 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.
4

you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
VZ
for S.Jay erman,P.G.
Director,Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville;Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File. (w/attachments)
Central Files,Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0086 County: Burke
Assessed Party: Town of Valdese
Permit No.: NC0041696 Amount Assessed: $659.26
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. 4
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(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:
ilk

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rbodiss WWTP )
PERMIT NO.NCO041696 ) CASE NO. LV-2015-0086
Having been assessed civil penalties totaling $659.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 08, 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (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

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DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Valdese/ NC0041696
)JanuaP 2015 DMR)
County: Burke
Case Number: LV-2015-0086
8 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 TSS exceeded the permit limit by 35.6%.
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 have been no civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
619115
F02
ate G. La on Da )dson, Regional Supervisor
Wat Qua ' Regional Operations Section
06/08/2015 Ashe egional Office, NCDENR

Permit Enforcement History Details by Owner
6/8/2015
1
Owner: Town of Valdese
Facility: Lake Rhodiss WWtP
Permit: NCO041696
Region: Asheville County Burke
Penalty Remission Enf Ent EMC EMC CAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LV-1998-0164 10/16/98 $1,000.00 $103.00 $1.103.00 $0.00 No 11/16/98
LV-1999-0369 9/24/99 $1,000.00 $79.46 $1,079.46 $0.00 No 11/16/99
LV-2000-0051 2/25100 $1,000.00 $79.46 $1,079.46 $0.00 No 3/8/00
LV-2000-0243 6/19/00 $1,250.00 $79.46 $1,329.46 $0.00 No 1/30/01
LV-2001-0187 5/18/01 $1,750.00 $79.46 $1.829.46 $0.00 No 6/7/01
LV-2001-0451 11/5/01 $1,250.00 $79.46 $1329.46 $0.00 No 11/30/01
LV-2003-0221 417/03 $500.00 $100.00 $600.00 $0.00 No 4/22/03
LV-2003-0345 2-2003 4/7/03 $250.00 $50.00 $0.00 $300.00 No 7/11106
LV-2003-0346 1-2003 4/7/03 $250.00 $50.00
$0.00 $300.00 No 7/11/06
LV-2005-0339 7-2005 9113105 $500.00 $100.00 $600.00 $0.00 No 10/18/05
PC-2007-0078 10/26/07 $4,000.00 $179.48 _ $4,179.48 $0.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000.00 $142.00 $1.142.00 $0.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2.000.00 $142.00 12/1/11 8/22/12 $1000 $1,142.00 $0.00 No 9/26/12
LV-2912-0207 6-2012 1213112 $500.00 $137.00 1/3/13 6127/13 $500 $137.00 $0.00 No 8/13113
LV-2012-0208 7-2012 12/3112 $2,000.00 $137.00 1/3/13 6127/13 $2000 $137.00 $0.00 No 8/23113
LV-2013-0072 12-2012 4/23/13 $2,000.00 $137.00 $2,137.00 $0.00 No 5/30113

6/8/2015
2
PC-2014-0001 116114 $1,250.00 $137.00 $1,387.00 $0.00 No 215114
LV-2014-0041 12-2013 4/24/14 $2,000.00 $147.50 5115/14 6/3114 $1500 $647.50 $0.00 No ICI 7/2/14
LV-2008-0247 1-2008 $1,550.00 $145.00 $1,695.00 No
Total Cases: 19 Total Penalty Amount $25,050 Total Enforcement Cost: $2104.28 Sum Of Total Paid- $19.859.28 Total Balance Due: $2,295.00
Sum of Total Case Penalties: $27,154.28 Total Penalties After Remissions: $22,154.28

EFFLUENT
NPDES PERMIT NO.: NCO041696 DISCHARGE NO.: 103 MONTH J NA UARY YEAR:2015
FACILITY NAME: LAKE RHODHISS WASTEWATER TREATMENT PLANT CLASS: IV COUNTY: BURKE
OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADGETT GRADE: N PHONE: [phone]
CERTIFIED LABORATORIES W W T P #230 MERITECH#165 BLUE RIDGE LABS If 276
CHECK BOX IF ORC HAS CHAN" j\p&Pp N COLLECTING SAMPLES: CHRIS BORTNICK 8 NORMAN COOK
Mail ORIGINAL CENTRAL ONE COPYto: ee ®�FEB 2015
ATTN:CENTRAL FILES x
DIVISION OF WATER QUALITY (SIGNATURE OF 0 RATOR IN RESPON : RGE). DATE
NCOENR �3R BYTH19 SIGNATU ,I CERTIFY THAT T REPORT IS
1617 MAiLSERVICECENTER CENTRA FILES ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEIMjF<�
RpLEIGH, INC 27699.1817 - DWR TION ,YY�I/H.� 5 0 '
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2 1.321 15 7.0 21� 2.54
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21 5 .4 < . :; .1 7. .87 ; ,. ,PASS
Mnxntttmt 3.03 , 16 2 41 5 2 4 1 0 1.29 : 0.900 PASS+
Amndum . , 3 10 .7 < < < .50 It
< 1 8.6 5,4 53 090o PA S
Imp.(c)Y,�nti<c) (G fG . (G} ? G} ; ` G} ( ): Off,. :Montht Limit 6 to 9 300 200
I Test Blank Out of QC. (H) Denotes Observed Holidays: 1/1 New Year's Day 81119 Martin Luther King,Jr.
tLL REPORTED DATA ASSOCIATED WITH FLAGGED CONDITIONS ARE VALID NUMBERS.."WEEKLY TSS VIOLATION: 116 THROUGH 119.
DWQrllf(Oa�/V/OV- 7.0/�S!. J-V-' Oo25

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet pernut requirements
(including weekly averages,if applicable)
Compliant
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 potentialI3
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 KE.6 of the NPDES permit.
"t certtty,under penatty or taw,teat tins aocument and an;attactiments were prepared under my turection 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."
•;Jeffgryy. MOrse
Permitt s r; br type)
r ofP *** Date
._uired unless submitted electronically)
Town of Valdese
PO Box 339 Valdese;NC 28690 828-879-2117 imorse-&I veldese ncua February 28 2015
Pemuttee Address Phone Number email address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES'
I
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
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 Surfhee
Water Protection Section's web site at li2o.enr.stafe.nc.us/was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data:
i
* 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 DA R 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 tho„signatory authority must be on _
file;with the state per 15A NCAC 2B 0506(b)(2)(D). .
Page 2

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A=&AF
NW
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaird
Governor Secretary
Certified Mail#7014 0510 0000 4466 5948
Return Receipt Requested
June 08,2015
Jeffery V Morse
Town of Valdese
PO Box 339
Valdese,NC 28690
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 No.NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No.LV-2015-0086
Burke County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$659.26($500.00 civil penalty
+$159.26 enforcement costs)against Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Valdese for the month of January 2015. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0041696. The
violations,which occurred in January 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES Permit No. NCO041696 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
Resources, 1, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Valdese:
2090 U.S.70 Highway,Swmmanoa,NC 28779
Phone:[phone] \Intemet.www.ncdein gov<hnp:ihvww.ncdenr.-,ov>
An Equal Opporninity\A} nnauve Action Employe'-Made in pan by meyded paper

$500.00 1 of the I violations of 143-215.1(a)(6) and NPDES Permit NO.NC0041696, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for TSS -
Cone.
5$ 00.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
659.26 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
jManagement Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of 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.
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

Option 2: Submit a written request for remission or mitigation including a detailed
justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining 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 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 Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing12rocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,General Counsel
'i 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.
1
1
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0086 County: Burke
Assessed Party: Town of Valdese
Permit No.: NC0041696 Amount Assessed: $659.26
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 apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner (the assessmentfactors 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
1 compliance).
EXPLANATION:
i

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Valdese )
Lake Rhodiss W WTP )
PERMIT NO.NC0041696 ) CASE NO. LV-2015-0086
Having been assessed civil penalties totaling $659.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 08, 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (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 _
Town of Valdese
CASE NUMBER: LV-2015-0086
PERMIT: NCO041696 FACILITY: Lake Rhodiss WWTP COUNTY: Burke REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNITOF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$500.00 1-2015 001 Effluent TSS-Conc 1/10/15 5 X week mg/I 45 61.00 35.6 Weekly Average Exceeded

EFFLUENT I
NPDES PERMIT NO.: NCO041698 DISCHARGE NO.: m MONTH AJ NUARY YEAR:2015
FACILITY NAME: LAKE RHODHISS WASTEWATER TREATMENT PLANT CLASS: IV COUNTY: BURKE
OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADGETT GRADE: IV PHONE: [phone]
CERTIFIED LABORATORIES W W T P #230 MERITECH#165 BLUE RIDGE LABS 111275
CHECK BOX IF ORC HAS CHANG�4 j- N(S)COLLECTING SAMPLES: CHRIS BORTNICK 8 NORMAN COOK
Mail :CENAL TRAL ONE COPY to: 6 �eFEB 2 2015 ' �1 . _..,.- �.1�i'�f S
ATTN:CENTRAL FILES x
DIVISION OF WATER QUALITY (SIGNATURE OF 0 RATOR IN REBPON BL RGE), ��-
DATE
REPOF
N17 MAIL
By THIS CENTRA FILES ACCURATE AND COMPLETE TO THE BEST OF MY KNICERYPYTHATT IOWLE R
7617 MAIL SERVICE CENTER n p p q
RALEIGH, NC 2760"617 LIWR " ON 0 Loll
a $0060 00010 00W0 I 50NO 00310 Casio 00530 31618 0030a 00600 00885 32730 TGP3S
£ FLOW c
<a1p fLs' g EFF� W g. E W < F_ OQZ UU Z 5f2 UA
MF ❑ m 0 2
� 0 Oo U. POa 2 L O C c 0 C 9SV mN LLJ QlQ NOG I�IiyyyGli
IL
NITS NITS YNI MOD ° C S.U. </> UG/L < MOIL 0 MGIL CrA MGIL CM AMOOML MGIL MOIL MGIL N L" P/F
2 600 16„ { ° 1.3 i 15 7.0 21 2.54 5.00 6 9.0
3 00 1,:255
80
5 ..6Q0 1 Y 25 6 ,.z13, • ,6.7 < <:.2Q.7,? :7,s 268. ,' • 2 7 .8,; :,
6 t b'0 ; 1 8 13 .9 32 1 18.5 16.3 1 -
7 ' 16 � 2. 3,9, � ' 4 ' F9'i 1`, �. 3.,._ . ;7AQa. ; 24 :• f:K.9 ,
8 600 16 Y, 1912 7.1 3.31 < 0.50 1.60 6 9.4 5.44 A
9 1) 16 Y 1.71T '<,1 7i 7 3.02;
10 :�$p' 1.365
12• 601E 16 ,:' 1587 1 6 2 1 4 7.40 E 3 •163
D0 16 19, 112 7A .< 0.'.zl %,
l4 Ar 16 2114 15 6.9 1 2 9 < ISO < 5.00 6 5 7.34 A 53 0
nl 9777 7 1i reh'& ,
l6 ^�6Q0 16 -d L 15 7. 3 < < 5.00 1 8.8
77
l7, 00^ 4 ;, 181 4 ,s ;
rg
Y�
19 SOb> �'.5- 'R • : 86:
!0 ,6U0 'T Y 1.788 12 7.0 < 20 382 17 9.2 • `p
!1 600 :Ys 7�6 3 7.1 , <. I �$ , 8:6,777-7-7
!2 06 ' Y' 1.611 15 7. 34 6.40 1 8.7LL PASS
! ,600 � 16 Y, 16 7 °=W .4 €a- 2p , s 4 0 ©" ,z ;5.00 1 �5.6, ' 82, 1. 77
i4, _ 4 ,;t. 1.27
s5 $00': 7777 �t
77
,6 600- '16` 1.66 12 7.1 •�28 < 2.0 < 0.50• < 5.00 3
.7 '60Q-,: ,1 1.$54 ' ,12 7.1, ZO , ) ' .5 5.20 3 � .2
6 60W" '16 1.899 13 7.0 24 < 5.00 < 1 8.9
9 '60p16;• i 925 14' 72 " 32 2.00'
0 601T' 1 1.351 19 b. < 20 2.06 < 5.00 10
"ZAP-4G1.599 5. < .7 .8 #pglip . S.
16 '" -7. 41 :: 37 < .50 + 2 4 10.1 10:0 1. 9 0.00o PASS3 10 6.7 < 0 < 2.0 < 0. < 5,00 < 8.6 5.44 .53 0.00o PASS
- ['�'� rt }. :I' '�� [• .� ' C 6 to 9 30.0 30.0 200
I Test Blank Out of QC, (H) Denotes Observed Holidays: 1/1 New Yeaes Day B 1/19 Martin Luther King,Jr.
%LL REPORTED DATA ASSOCIATED WITH FLAGGED CONDITIONS ARE VALID NUMBERS."WEEKLY TSS VIOLATION: 1/5 THROUGH 1/8.-
° o�NOV� 7i0/'`�� JL1/- Da5 -

Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
- -
(mcluhi'ng weekly averages,PPhcabl� - —
Compliant
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 ILE.6 of the NPDES permit.
"i cenny,under penatty otlaw,twat ups document and an attactunents 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."
..4qftqyY. MOrse
Pemtitt :> ; se r type)
?'
Xr e of P-e •r* Date
uired unless submitted electronically)
Town of Valdese
PO Box 339-Valdese;NC 28690 828-879.2117 jmorse( c v31desen2us February 28,2015
Permiltee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) ` Certification No.
TER C DES
PARAME O
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.usfwas 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: 1f signed by other than the permittee,then the delegation of the,,signatory authority must be on ._
e,t... Ric;with the state per.15A NCAC 2B 006(1a)(2)(D)
Page 2

Permit Enforcement History Details by Owner
6/8/2015
1
Omer: Town of Valdese
Facility: Lake Rhodiss WWTP
Permit: NCO041696
Region: Asheville - County : Burke
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Cent Remission Hearing Remission Remission MemoSerd Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LV-1998-0164 10/16/98 $1,009.00 $103.00 $1,103.00 $0.00 No 11/16/98
LV-1999-0369 9/24/99 $1,000.00 $79.46
$1,079.46 $0.00 No 11/16/99
LV-2000-0051 2/25/00 $1,000.00 $79.46 $1,079.46 $0.00 No 3/8100
LV-2000-0243 6119/00 $1,250.00 $79.46
$1,329.46 $0.00 No 1/30/01
LV-2001-0187 5/1 Will $1,750.00 $79.46 $1,829.46 $0.00 No 617101
LV-2001-0451 1115/01 $1,250.00 $79.45 $1,329.46 $0.00 No 11/30/01
LV-2003-0221 417103 $500.00 $100.00 $600.00 $0.00 No 4/22103
LV-2003-0345 2-2003 4/7/03 $259.00 $50.00 $0.00 $300.00 No 7111106
LV-2003-0346 1-2003 417/03 $250.00 $50.00
$0.00 $300.00 No 7/11/06
LV-2005-0339 7-2005 2113/05 $500.00 $100.00 $600.00 $0.00 No 10/18/05
PC-2007-0078 10/26/07 $4,000.00 $179.48 $4,179.48 $0.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000.00 $142.00 $1.142.00 $0.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2,000.00 $142.00 1211/11 8/22/12 $1000 $1.142.00 $0.00 No 9126/12
LV-2012-0207 6-2012 12/3/12 $500.00 $137.00 1/3113 6127113 $500 $137.00 $0.00 No 8113113
LV-2012-0208 7-2012 17J3/12 $2,000.00 $137.00 1/3113 6/27/13 $2000 $137.00 $0.00 No 8/23113
LV-2013-0072 12-2012 4123113 $2,000.00 $137.00 $2,137.00 $0.00 No 5/30/13

6/8/2015
2
PC-2014-0001 115/14 $1,250.00 $137.00 $1 387.00 $0.00 No
2/5/14
LV-2014-0041 12-2013 4124/14 $2,000.00 $147.50 5/15/14 613/14 $1500 $647.50 $0.00 Noel 7/2/14
LV-2008-0247 1-2008 $1.550.00 $145.00 $1,695.00 N
Total Cases: 19 Total Penalty Amount: $25.050 Total Enforcement Cost: $2104.28 Sum Of Total Paid: $19,859.28 Total Balance Due: $2.295.00
Sum of Total Case Penalties: $27,154.28 Total Penalties After Remissions: $22,154.28
it

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Valdese/ NCO041696
(January 2015 DMR)
County: Burke
Case Number: LV-2015-0086
8 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 TSS exceeded the permit limit by 35.6%.
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 have been no civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G. Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
06/08/2015 Asheville Regional Office, NCDENR

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
April 17,2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0610 0000 4466 0493
Mr. Greg Padgett
Town of Valdese
Lake Rhodiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LV-0257
Lake Rhodiss WWTP
NPDES Permit No.NCO041696
Burke County
Dear Mr. Padgett:
A review of the January 2015 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
01/10/ 0015 001 TSS 61.02 m L 45 mg/L
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.NC0041696.
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 2015 Discharge Monitoring Report. You will then be notified of
any civil penalties that maybe assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.
Water Quality Regional Operations-Asheville Regional Office. -
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 "
Phone: [phone] FAX: [phone]
Internet: hltp://portal,ncdonr.org/webMq
An Equal Opportunity/Affirmative Action Employer
"v

Mr. Greg Padgett
April17, 2015 "
Page Two.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue Y violations ar ursue enforcement actions for this and an additional violations. If the o e of
a continuing nature,not related to operation and/ormaintenance 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,
G. Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES-Point Source Branch
'l
j
G.\WR'1VQ'33ulkel0.'n5rewctei\WNcipJ11'alJese WWI P 416g6,NOV-NRE-2015-i.V-0257.doc

zA�rr�
CCENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
April 17,2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 0493
Mr. Greg Padgett
Town of Valdese
Lake Rhodiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LV-0257
Lake Rhodiss WWTP
NPDES Permit No. NCO041696
Burke County
Dear Mr. Padgett:
A review of the January 2015 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
01/10/2015 001 TSS 61.02 mg/L 45 mg/L
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. NC0041696.
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 2015 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/webANq
An Equal Opportunity/Affirmative Action Employer

Mr. Greg Padgett
April 17, 2015
Page Two
J Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources 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,
u G. Landon Davidson P.G. Regional S
pervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES Point Source Branch
i
1
I
1
6 ikkPWQ:Boike,w iew1rerVNIonicipal.v.ildoxe WWI 41b`1(\O\-N2f JOh Lb-OL52 doa

4
NCDENR FILE
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 23, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3084
Mr. Jeffery V. Morse
Town of Valdese
P.O. Box 339
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2013-0072
Burke County
Dear Mr. Morse:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,137.00 ($2,000.00 civil penalty+ $137.00 enforcement costs) against the Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Valdese for the month of December 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
December 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 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 Valdese:
NOnhCarolina
Nrtahlrally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone::ww 29e www.newaterguality.org
org 2997043
Internet:www.ncwateraualitv.ora

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
.00 NC0041696,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
500.00 NC0041696,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
1 500.00 NC0041696,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
2 000.00 TOTAL CIVIL PENALTY
137.00 Enforcement Costs
2 137.00 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.
i'
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
1 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 farther
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 arequest 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;
(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"fonn
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-atteehed-assessment doeument you-must f le-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
j 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 ord, Regional Supervisor
Surface Water Protection Section
J Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
S:\SWP\Burke\Wastewater\Municipal\Valdese W WTP 41696\LV-2013-0072.doc

JUSTIFICATION FOR RENIISSION REQUEST
DWQ Case Number: LV-2013-0072 County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No.: NC0041696 Amount Assessed: $2,137.00
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:

f STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ )
LAKE RHODHISS WWTP )
PERMIT NO. NCO041696 ) FILE NO. LV-2013-0072
Having been assessed civil penalties totaling$2,1 77.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 23, 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
it
SIGNATURE
i
ADDRESS
i
� F
z
f
i `.
E TELEPHONE
is
1, `

ATTACHMENT
Town of Valdese
CASE NUMBER:LV-2013-0072
PERMIT: NCO041696 FACILITY: Lake Rhodiss VVWTP COUNTY: Burke REGION: Asheville
Limit Violations
MONITORING OLITFALLI VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$.00 12-2012 001 Effluent BOD-Conc 12/29/12 5 X week mg/I 45 50.98 11.29 Weekly Average Exceeded
$500.00 12-2012 001 Effluent TSS-Conc 12129/12 5 X week mg/I 45 386.25 758.33 Weekly Average Exceeded
$1,500.00 12-2012 001 Effluent TSS-Conc 12131/12 5 X week mg/I 30 43.55 45.17 Monthly Average Exceeded

DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT (FILE)
Violator: Town of Valdese/ Lake Rhodhiss W WTP/ NCO041696
(December 2012 WNW)
County: Burke
Case Number: LV-2013-0072
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 11.28 %.
One Monthly Average TSS exceeded the permit limit by 45.16 %.
One Weekly Average TSS exceeded the permit limit by 758.33 %.
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.
The amount of money saved would also include the cost of implementing a
program to handle problems with I&I.
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 two 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 Crpfdord,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
04/2 212 01 3

EFFLUENT 05� e
NPDES PERMIT NO.: NCO041696 DISCHARGE NO.: 103 MONTH D MBER - YEAR:2012
FACILITY NAME: LAKE RHODHISS WASTEWATER TREATMENT PLANT CLASS: W Bill
OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADGETT GRADE: IV PHONE:. [phone]
CERTIFIED LABORATORIES W W T P #230 MERITECH#165 BLUE RI 275
CHECK BOX IF ORC",AS L'ONGED w PERSON(S)COLLECTING SAMPLES CHRIS BORTN F N COOl(,°t�
I i ly a 0
Mai ORIGINAL and ONE COPY b DABN)N OF WATER OUAlTYATTN:CENTRALFlIES p'` 0 A €�§ i A✓p
3
(SIG TU E.0! ERA TQR INRESPONSIBLEC RGE) - 0 1 DATE
NCDENR �� BYTHIS NATURE,I RTIFY THAT THIS RE Is 1
1017 MAIL SERVICE CENTER a' NV"d.1L,€' ' ACCURATE AND COMPLETE TO THE BEST OF MY DGE.
RA
L21H,NC 21688.181T �y
6005o 00010 00600 fi0060 00310 00610 00530 71818 00660 73790 TGP36
E 9zY+N$ o- EINFLO❑W U �f0O l-O I-�nm
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Has NRS YM MGD CSU. </> UGIL MOL < MOIL < 0
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0n00ML MGUL MOIL MGM N MOIL P/F
$0 a
2 1.400
4 , ;a 1 3.240 1 6. 23 < 2.00 < 5.00 6 7.7
401
6 r ' 2.630 19 69� 00 0 13 < 5 2 72
8 1384 Ot63 5, :_E < 7WW 7 7W
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10 2 606 17 4 21 < 2.11111 < 5 00 1 7.6
t 6 2f„ 7 ati77T7 7V7
12 2.779 18 6.7 27 < 2.00 < 5.00 5 7.5
1 xL 2 < i8§:.:
14 1 2214 17 .8 2 2 < 5.00 1 3 P; 7.7
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16 -,? 1.477
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13 _ ,> ", 2.869 16 7.0 < 2.10 < 5.00 2 8.0
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20 ,,,.'. 2.879 7 6.6 23 3< 2.00 < 5.00 < 1 -1 7.7
1 L 5
22 , 4'. 1.509
4Yi 14 v
y 1 ec
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26 8.092
7 r'6y, ,UF I�, 3 ,_ w_ ) ' �;. .: 7 7777 Sri.
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28 "_00 , W, 2.857 1 6.2 < 20 2.56 0.52 12.5 1 &9 3.72 .35
30 4 4.077
AVERAGE 2 •': '..
♦fHgk!!
_ ''. r ..Q f: ,2' 97:. '. 0. i3
AHNEt1UM 1 46 10 0 < 20 < 2 0 < 50 < 5.00 1 7.2 1 3.34 0.357777
0.000
Moathi Limit 6to9 28 30.0 200
(H)Denotes Observed Holiday-Christmas(12124,12126 612/26).
w
(i)Samples Read Outside of Hold-Time. (2)Test Blank Out of OC. (3)Teat Duplicates Out of QC: I I�Y€L
All Reported Data Associated With Flagged Conditions Are Valid Numbers. FEB q 1gg
TSS VIOLATIONS:WEEKLY(12124)&MONTHLY BOO VIOLATIONS:WEEKLY(1Z24) 9 is�9
DWQ Form W-1(01/00)
�� � rUv ✓=N /,v- oy0
9

Facility Status: (Please check one of the following)
All monitoringdata and sampling frequencies meet permit requirements
P g qu 9
(including weekly averages,if applicable)
I
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee sh'all,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 ofthe 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 ME.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."
ff . Morse
Pemrittee Ale e ri t orA
i tur of ittee** Date
(R quired unless submi ed electronically)
Town of Valdese
PO Box 339 Valdese,NC 28690 828-879-2117 morse anci.voldese.nc.us February 28 2015
Pemuttee Address Phone Number e-mail address Permit Expiration Date
II ADDITIONAL CERTIFIED LABORATORIES
-t
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
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.ennstate.nc.us/was and linking to the unit's information pages.
-�i Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
i
* 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). page 2

(Fteh 61
Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NCO041696
December 2012 TSS Violation:
The Town of Valdese W WTP experienced in excess of two inches of rain in a 24 hour period. This
caused the plant to be in noncompliance for the week of December 23`d,2012,as well as the month of
December for TSS.The Town is aware of inflow and infiltration problems,and is currently entered into
an agreement with Cavanaugh&Associates,P.A.to find sources of I&I in the town and present viable
solutions to correct any problems found in the system. The excess flow(rain water) caused an upset to the
plant.The plant was being operated efficiently before the heavy rains and had no issues.Plant was back in
compliance the following day,after the rains had subsided.I have included a graph from our SCADA
showing the increased flow on the day of the violation.An important fact is that this was over the
Christmas Holiday. Typical flow over the Christmas Holiday is less than lmillion gallons day.The heavy
rains pushed the plant beyond the designed peak hourly flow. The staff took every available step to
minimize the upset to the plant.
Greg Padgett
Wastewater Superintendent
Town of Valdese
828-879-2131
gpadaett(a�ci.valdese.nc.us

EFFLUENT FLOW RATE (MGD) Tuesday, December 25, 2012 -Wednesday, December 26, 2012- - 11:41:27 AM
3.02
20.00
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Permit Enforcement History Details by Owner
04/22/13
1
Owner: Town of Valdese
Facility: Lake Rhodiss WWTP
Permit: NCO041696
Region: Asheville County: Burke
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pint Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1998-0164 10/16/98 $1,000 $103.00 $1,103.00 $.00 No 11/16/98
LV-1999-0369 09/24/99 $1,000 $79.46 $1,079.46 $.00 No 11/16/99
LV-2000-0051 02/25/00 $1,000 $79.46 $1,079.46 $.00 No 03/08/00
LV-2000-0243 06/19/90 $1,250 $79.46 $1,329.46 $.00 No 01/30/01
LV-2001-0187 05/18/01 $1,750 $79.46 $1,829.46 $.00 No 06/07/01
LV-2001-0451 11/05/91 $1,250 $79.46 $1,329.46 $.00 No 11/30/01
LV-2003-0221 04/07/03 $500 $100.00 $600.00 $.00 No 04/22/03
LV-2003-0345 2-2003 04/07/93 $250 $50.00
$.00 $300.00 No 07/11/06
LV-2003-0346 1-2003 04/07/93 $250 $50.00 $.00 $300.00 No 07/11/06
LV-2005-0339 7-2005 09/13/95 $500 $100.00
$600.00 $.00 No 10/18/95
PC-2007-0078 10/26/97 $4,000 $179.48 $4,179.48 $.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000 $142.00
$1,142.00 $.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2,000 $142.00 12/01/11 08/22/12 $1,000.00 $1,142.00 $.00 No 09/26/12
LV-2012-0207 6-2012 12/03/12 $500 $137.00 01/03/13
$637.00 No
LV-2012-0208 7-2012 12/03/12 $2,000 $137.00 $2,13T00 No
LV-2098-0247 1-2008 $1,550 $145.00
$1,695.00 No

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41
FILE..r
_
I�CDNR
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
E
April 5, 2013
CERTIFIED MAIL
€ RETURN RECEIPT REQUESTED 7012 1010 0002 1967 5561
Mr. Jeffery V. Morse
Town of Valdese
Lake Rhodhiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0209
Lake Rhodhiss WWTP
NPDES Permit No.NCO041696
Burke County
Dear Mr. Morse:
A review of the December 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
f Date Outfall Parameter Reported Value Permit Limit
I
12/29/2012 001 BOD 50.08 mg/1 45 mg/1
12/29/2012 001 TSS 386.25 mg/1 45 mg/1
r
12/31/2012 001 TSS 43.55 mg/1 30 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.NC0041696.
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 terns, 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 December 2012 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-ASHE VILLE REGIONAL,OFFICE
Location 2090 U.S.Highway 70,Swannanna,North Carolina 28778 One ,' 1
hone 828-296-4500\Fax:[phone] NOrthCaro/,'TTrr1;;a
h rtentet: tt":ll ortalmdenromlwebhvo at l'Q[[LJ
An Equal Opportunity\Affitmathc Action Employer-50%Recycled/lO%Post Consumer paper

Mr. Jeffery V. Morse "
April 5,2013
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
1.
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.
i
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
It
i
i '
l '
S:\SWP\Burke\Wastewater\Mwiieipal\Vatdest WW'1'P 41696\NOV-NRE-2013-I.,V-()209.doc

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
April 5, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffery V. Morse
Town of Valdese
Lake Rhodhiss WWTP
P.O. Box 339
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking 9: NOV-2013-LV-0209
Lake Rhodhiss WWTP
NPDES Permit No. NCO041696
Burke County
Dear Mr. Morse:
A review of the December 2012 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
12/29/2012 001 BOD 50.08 mg/1 45 mg/1
12/29/2012 001 TSS 386.25 mg/1 45 mg/1
12/31/2012 001 TSS 43.55 mg/1 30 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. NC0041696.
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 December 2012 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 PRO'I-ECTION SECTION—ASHEVILLE RFOIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\Fax:[phone] No0o thCarohna
m Inteet:hfo://pofal.nodenr.ora/web/wq eatUN1111
An Equal Opportunity l Affirmative Action Employer—50%d Recyclo&10%Post Cmtsutner paper

Mr. Jeffery V. Morse
April 5, 2013
P
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
III DWQ Point Source Branch
i
S:.SWP Burke Wastn ater:S9unicipal\Valdese Wt\DTP4Ui96\NOV-NR.E-2013-LV-0209.doe

EnterNerify Violations
LmrtUlolatld'ns°"` MonitoringViolatmns ReportsngViolations OtherViotations
Permit NCpQ41696 Details SOC �AD, n tafls Monitoring Report 12-2012 Qetaile s
Facility: iLake Rhodiss MWTP Det i{s 'Region: She+ifliia County: Burke ':
Owner own of Valdese:
Maintain-, Incident: Detais I inspect©t: = Detal,T
Facility Reported As:. ;;Compliant 's)Non-Compliant O Not Reported Is signed -Report Type: FMR
'.'Outfal `Locabor i"Parameter 'Date Manual 'Descri tron SOC i Limjt: cul. Unit %Over Action
�001 Effluent ]BOD,5 Day{2...11 D29f2612 Weekly Average 45 50A8 ... mgll 11.288...lProceedto NOV 1 -"
601 ,Effluent- Solidsjotal:..-'12F31I2642 . Monthly Average, %i :!30 ` 43.55. ... mgll 145.166...ProceedtoNOV d'-Too
prji , 'Effkae,t Solids Yrtal3.., fr�91201,y; s . eekly„ '"gg.. 11 1 ,,i , 13625 mgii i=i' r 5§.3 : Proced=N4V - "i, JrOv
_dd
riitr t= nitiate NOV ,te Enfor crr,er�t dte Cemar Save �.uZilf l;late DMR
Help - ,. Finish .Cancel
3 Limit Violations found. Ready SID:VLLP;

-ivy WA
Yr
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
April 23, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffery V. Morse
Town of Valdese
P.O. Box 339
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2013-0072
Burke County
Dear Mr. Morse:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,137.00 ($2,000.00 civil penalty+ $137.00 enforcement costs) against the Town of Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Valdese for the month of December 2012.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
December 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 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 Valdese:
One
NorthCarolina
naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, INC 28778
Phone: [phone]\FAX:[phone]
Internet:www.ncwaterguality.org

R
DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Valdese/ Lake Rhodhiss WWTP/ NCO041696
County: Burke
Case Number: LV-2013-0072
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 11.28 %.
One Monthly Average TSS exceeded the permit limit by 45.16 %.
One Weekly Avera ege TSS exceeded the permit limit by 758.33 %.
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.
The amount of money saved would also include the cost of implementing a
program to handle problems with I& I.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
-1 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 two 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
04/22/2013

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
500.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0041696, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,000.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$2,137.00 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 esfa-151 hes why you believe the c1 1-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 14313-282.l(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
(1) 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
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:\SWP\Burke\Wastewater\Municipal\Valdese WWTP 41696U.V-2013-0072.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0072 County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No.: NC0041696 Amount Assessed: $2,137.00
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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ )
LAKE RHODHISS WWTP )
PERMIT NO. NCO041696 ) FILE NO. LV-2013-0072
Having been assessed civil penalties totaling $2.1 77.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 23, 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
f
SIGNATURE
ADDRESS
y
TELEPHONE
i
I
j

ATTACH M ENT A
Town of Valdese
CASE NUMBER:LV-2013-0072
PERMIT: NCO041696 FACILITY: Lake Rhodiss WWTP COUNTY: Burke REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNITOF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$.00 12-2012 001 Effluent BOD-Conc 12/29/12 5Xweek mg/I 45 50.08 11.29 Weekly Average Exceeded
$500.00 12-2012 001 Effluent TSS-Conc 12/29/12 5Xweek mg/I 45 386.25 758.33 Weekly Average Exceeded
$1,500.00 12-2012 001 Effluent TSS-Conc 12/31/12 5Xweek mgA 30 43.55 45.17 Monthly Average Exceeded

EFFLUENT
NPDES PERMIT NO.: NCO041096 DISCHARGE NO.: 103 MONTH D M ER - YEAR:2012
FACILITY NAME: LAKE RHODHISS WASTEWATER TREATMENT PLANT CLASS: IV BU KE
OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADGETT GRADE: - PHONE:. [phone]
CERTIFIED LABORATORIES W W T P #230 MERITECH#165 - BLUE RI 9� 275
CHECK BOX IF ORC K9 pmpopp,,� ' a::il�.:_ PERSON(S)COLLECTING SAMPLES: CHRIS BORTN N COO,
S U c.
Mal ORIGINAL and ONE COPY ro q
ATM:CENTRAL FILM ,. ••1'1 � ��P� x
D0a6KIN OF WATER GGADTY 3 R-'tl-3 C". E (SIGNATU E9EOPERAT 1 RESPONSIBLE C GE) r DATE
MODERN T,�v _ BY THIS NATURE,I RTIFY THAT THIS RE IS \q
1617 MAIL SERVICE CENTERCE lt9y �' j � ACCU YEAMD COMPLETE TO THE BEST OF MY DOE. z',0'1�'
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,.h .,�
Month) Limit 6 to 9 28 30.0 30.0 200
(H)Denotes Observed Holiday-Christmas(12/24,12125&12126).
(1)Samples Read Outside of Hold-Time. (2)Test Blank Out of QC. (3)Test Duplicates Out of QC; u t
All Reported Data Associated With Flagged Conditions Are Valid Numbers. F �+ N
EB
TSS VIOLATIONS:WEEKLY(12124)&MONTHLY BOD VIOLATIONS:WEEKLY(12124) N
DWQ Form MR-1(01/00) n/

Facility Status: (Please check one of the following)
¢ All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable) El
Compliant
;y All monitoring data.and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee"sh'all,report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public healthor the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware ofthe 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 H.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."
CJi (:, r `
ff . Morse
Permittee le a ri for )
r tur of •ttee** Date
quired unless submi ed electronically)
Town of Valdese
PO Box 339 Valdese NC 28690 828-879-2117 Imorseft valdese nc us February 28 2015
Permittee Address Phone Number e-mail address Permit Expiration Date .
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
i
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface
III Water Protection Section's web site at b2o.eur.state.nc us/was and linking to the unit's information pages-
j Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No FlowMischarge 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 dowment 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). Page 2

l
Town of Valdese
r
Lake Rhodhiss Wastewater Treatment Facility
NPDES Permit No:NCO041696
December 2012 TSS Violation:
The Town of Valdese W WTP experienced in excess of two inches of rain in a 24 hour period. This
i
caused the plant to be in noncompliance for the week of December 23`d,2012,as well as the month of
December for TSS.The Town is aware of inflow and infiltration problems, and is currently entered into
an agreement with Cavanaugh&Associates,P.A.to find sources of I&I in the town and present viable
= solutions to correct any problems found in the system. The excess flow(rain water)caused an upset to the
plant. The plant was being operated efficiently before the heavy rains and had no issues.Plant was back in
compliance the following day,after the rains had subsided.I have included a graph from our SCADA
showing the increased flow on the day of the violation.An important fact is that this was over the
Christmas Holiday.Typical flow over the Christmas Holiday is less than Imillion gallons day. The heavy
rams pushed the plant beyond the designed peak hourly flow. The staff took every available step to
minimize the upset to the plant.
Greg Padgett
Wastewater Superintendent
Town of Valdese
828-879-2131
gpadgett(a ci.valdcse.nc.us

EFFLUENT FLOW RATE(MGD) Tuesday, December 25, 2012 -Wednesday, December 26, 2012- - 11:41 27 AM
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Permit Enforcement History Details by Owner
04/22/13
1
Owner: Town of Valdese
Facility: Lake Rhodiss WWiP
Permit: NCO041696
Region: Asheville County: Burke
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 tCosts Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1998-0164 10/16/98 $1,000 $103.00
$1,103.00 $.00 No 11/16/98
LV-1999-0369 09/24/99 $1,000 $79.46
$1,079.46 $.00 No 11/16/99
LV-2000-0051 02/25/00 $1,000 $79.46 $1,079.46 $.00 No 03/08/00
LV-2000-0243 06/19/00 $1,250 $79.46
$1,329.46 $.00 Na 01/30/01
LV-2001-0187 05/18/01 $1,750 $79.46
$1,829.46 $.00 No 06/07/01
LV-2001-0451 11/05/01 $1,250 $79.46
$1,329.46 $.00 No 11/30/01
LV-2003-0221 04/07/03 $500 $100.00
$600.00 $.00 No 04/22/03
LV-2003-0345 2-2003 04/07/03 $250 $50.00
$.00 $300.00 No 07/11/06
LV-2003-0346 1-2003 04/07/03 $250 $50.00
$.00 $300.00 No 07/11/06
LV-2005-0339 7-2005 09/13/05 $500 $100.00
$600.00 $.00 No 10/18/05
PC-2007-0078 10/26/07 $4,000 $179.48 $4,179.48 $.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000 $142.00
$1,142.00 $.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2,000 $142.00 12/01/11 08122t12 $1,000.00
$1,142.00 $.00 No 09/26112
LV-2912-0207 6-2012 12/03/12 $500 $137.00 01/03/13
$637.00 No
LV-2012-0208 7-2012 12/03112 $2,000 $137.00
$2,137.00 No
LV-2008-0247 1-2008 $1,550 $145.00
$1,695.00 No

04/22/13
2
Total Cases: 16 Total Penalty Amount: $19,800 Total Enforcement Cost: $1,682.78 Sum of Total Paid: $15,413.78 Total Balance Due: $5,069.00
Sum of Total Case Penalties: $21,482.78 Total Penalties after remission(s): $20,482.78
i

Remission Request Summary and Recommendation
To: Chuck Wakild I I ,
From: Bob Sledge Date: Region: ARO
Reviewed by: Date:
SWPS Section Chief(initials)
Assessed Party: Town of Valdese WWTP County: Burke
Case No.: LV-2012-0207 Permit No.: NCO041696
Case Background and Assessment
• 6/28/2011 DWQ issued Permit NCO041696 tothe:Town of Valdese.
• 12/3/2012 The Town of Valdese was assessed a civil penalty of$637.00 ($500.00 civil penalty plus
$137.00 investigative costs):,,, r; ',,
• $500.00 for 1 of 1 violations;ofG& WM15.1(a)(6)and NPDES Permit NCO041696, by
discharging waste water into the waters of the State in violation of the Permit Weekly Average
limit for TSS in June 2012.
• 12/5/2012 Green card indicated delivery of the assessment document
Remission Request(Summary)
• 1/3/2013 Remission request signed
• 1/10/2013 Remission request received
The facility states the cited violation occurred due to a mechanical failure of clarifier 92 at the W WTP. It was
taken out of service and`all solids were sent to clarifier#L This led to a solids overload at clarifier#1. Work
being performed to remove solids from clarifier#2 was interrupted by rainfall on June 11 that increased flow to
the W WTP. Flow was redirected back to clarifier#2 until the high flow event was over. Clarifier#2 was
eventually drained and cleaned. The drive unit was found to have failed, probably due to the sweeper arms
getting out of balance. The drive unit was replaced and the sweeper arms were realigned. Clarifier#2 was placed
back into service on July 11, 2012
Enforcement History -- -
x; e � F .1; +�, ..
• The facility was assessed two times during'' o fve years preceding the assessment of this penalty. Total
penalties assessed during that time were $2,2'84.00. The eri4ire amount has been paid and the cases are closed.
Current Compliance Status (2/22/2013)
Additional violations were reported on the July 2012 DMR that were part of the same episode, occurring just before the
repair to the clarifier was completed. The only other reported violation during 2012 was a minor pH violation that
occurred in September. The facility is currently operating in compliance with its permit.
ij rev 1.0-8.31.09

LV-2012-0207 Remission Request Summary,p.2
—Remission Recommendation frmnRseional-Office-anrl-Central-Office - --- —-- - -
• DWQ Asheville Regional Office and Compliance&Expedited Permitting Unit Recommendation
Request Denied ❑
Full Remission ® Retain Enforcement Costs? Yes® No ❑
Partial Remission ❑
Comment: Simply based upon the facility response and the DMR, it would appear that the Town addressed
this matter in a satisfactory manner. The problem was recognized with one clarifier, so when it was taken out of
service, all flow was routed to the second one. While this probably did not provide optimal service, it did produce
compliant effluent except for those times when high flows led to solids washout from the clarifier. The result of
higher flow on June 11 was a 361 TSS value from the composite sample pulled on June 12. Other results from
that week were much closer to the facility's normal performance range, but the one very high value made it
noncompliant with the weekly average.
Troubling aspects of the matter were the amount of time it took to complete the repair, and that another high
solids discharge event occurred before the second clarifier was placed back in service. One question that may
need to be answered is could/should the facility have noticed the problems with the sweeper arms before the drive
unit was affected (i.e., could the incident have been avoided)? Overall,the Town's response and the WWTP's
performance throughout the episode seem adequate. All things considered, it is recommended this civil penalty be
remitted in full, retaining the enforcement costs.
"One other item to note. The Town of Valdese was assessed a civil penalty (LV-2012-0208; $2,137.00) on
the same day (12/3/2012) for similar violations occurring in July 2012. While it would be better to
consider both of these matters together, since they are related, we have not received a remission request
for the second case. Should settlement discussions arise, ARO and C&EPU agree that any
recommendation or decision in the matter of this remission request does not necessarily constitute
a precedent for the resolution of the second case.
II
1
I

Town of Valdese
NOV 2 6 2012 1 �'...
Lake Rhodhiss Wastewater Treatment Plant
�
Weekly TSS violation,for June 16,2012 �;� ! � 4r+ �� "\�I+ .�I� � � E
Tracking#: NOV-2012-LV-0566
NPDES Permit No.NCO041696
The Weekly TSS violation for the week of June 16,2012,was due to mechanical failure. The mechanical
failure of clarifier#2 caused a solids overload on clarifier#1.In conjunction with the mechanical failure it
rained on the day the clarifier was being drained.Draining was done by pumping to the thickeners and the
aeration basin.Due to the rain,draining was halted and flow was directed back to clarifier#2 until the
next day when flow had decreased.The drive unit on clarifier#2 was determined to be the problem. This
was probably due to the fact that the sweep anus had gotten out of balance.
Clarifier#2 was drained, cleaned and drive unit was removed. Kemp Inc.removed drive unit, ordered
necessary parts,repaired and replaced unit.Kemp also realigned the sweep arms. Clarifier#2 was placed
back in service on July 11,2012.
Greg Padgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Treatment Plant

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director Secretary
November 9,2012
i P
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9773
Mr. Jeffery V. Morse
Town of Valdese
Lake Rhodhiss WWTP
121 Faet Street
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0566
Lake Rhodhiss WWTP
NPDES Permit No.NCO041696
Burke County
Dear Mr. Morse:
A review of the June 2012 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/16/2012 1 103 TSS 81.92 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.NC0041696.
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.L 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 June 2012 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[ EVILLE REGIONAL OFFICE
Location:2090 u S.Highway 70.Swannanoa,North Carolina 28778 One
Phone:[phone] Fax:[phone] No'thCaroliina
Intemet htto:l/aortal.nodenr.omlweblwa S/lZ21''raI,1-
An Equal Opportunity'.Affirmative Action Employer—50%RecvelCti'10%Past Consumer paper

Mr. Jeffery V. Morse
November 9, 2012
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
then you may wish to consider applying for a S Special Order b Consent. You may
construction activities, y y P Y Y
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 Cranlorld;-Itegional-S-upervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
II
1 S W I?'.Burke,ti4���[e«ruer.,l-lunieipaltV alAzse W W 1 P 41696-vNOV-NAE-2012-LV-iii6L,.dnc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0207 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss WWTP
Permit No.: NCO041696 , 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,Idministrative 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. § 14313-282.1(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);
As (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: p `

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
--- -COUNT-Y-O) BU--RKE — — -- - --- -
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO.NCO041696 ) FILE NO. LV-2012-0207
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 December 3, 2012,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.
( ) dY
This the day of � � c � �•-r 120 i z
j _ .
SIGNATURE
ADDRESS ( r`
}�0 13ox 3 .3 `t
TELEPHONE
I
J

(7
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
January 10, 2013
Sent via e-mail
JAN 2 2013
Mr. Jeffrey V. Morse, Town Manager
Town of Valdese pi.,,,r, � r��,-�:;�„�,seor;ee
P.O. Box 339 _� a•;i�� u,p�e �
Valdese,NC 28690
Subject: Remission Request of Civil Penalty Assessment
Town of Valdese—Lake Rhodhiss W WTP
NPDES Permit NCO041696
Case Number LV-2012-0207
Burke County
Dear Mr. Morse:
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,
Bob Sledge, Environmental Specialist
Compliance &Expedited Permitting Unit
cc: Enforcement File w/originals
Central Files w/attachments
Asheville Regional Office w/attachments
cc: Greg Padgett—Town of Valdese
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 ��Re L. 7
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NOTt�1Ca.T011Ild
Phone:919A07e6ate gFAX:919-807-6492 ` I� '/Nry���
Internet:vnvw.ncwaterquality.org {/J�Y�J KL Li
An Equal Opportunity 1 Atrrrmalive Action Employer

--- Town—of Vaaldese -- --- ----
Lake Rhodhiss Wastewater Treatment Plant
i
Weekly TSS violation,for June 16,2012
Tracking#:NOV-2012-LV-0566
NPDES Permit No.NC0041696
The Weekly TSS violation for the week of June 16,2012,was due to mechanical failure.The mechanical
failure of clarifier#2 caused a solids overload on clarifier#1.In conjunction with the mechanical failure it
rained on the day the clarifier was being drained.Draining was done by pumping to the thickeners and the
aeration basin.Due to the rain, draining was halted and flow was directed back to clarifier#2 until the
nest day when flow had decreased.The drive unit on clarifier#2 was determined to be the problem.This
was probably due to the fact that the sweep arms had gotten out of balance.
Clarifier#2 was drained,cleaned and drive unit was removed.Kemp Inc.removed drive unit,ordered
necessary parts,repaired and replaced unit.Kemp also realigned the sweep arms.Clarifier#2 was placed
back in service on July 11,2012.
Greg adgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Treatment Plant
i

JUSf'CATION FOR REMISSION REOt ST
DWQ Case Number: LV-2012-0207 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss WWTP
Permit No.: NC0041696 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. § 14313-282.1(c),remission of a civil penalty may be granfed 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.l(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);
X (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:
'j ic.e- l.—z. C1 �L y

STATE OF NORTH CAROLtNA DEPARTiviENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO.NCO041696 ) FILE NO. LV-2012-0207
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 December 3, 2012, 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
e Division of Water Quality within thirty 30 days of
penalty must be submitted to the director of the Q y rty( ) y
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 _�e C.e-vAko—v' 120 t z
SIGNATURE
ADDRESS
I
ho 13� x 33 -1
irl«r ti c 2845a .
TELEPHONE

Town of Valdese
Lake Rhodhiss Wastewater Treatment Plant
Weekly TSS Violation for the week of July 14,2012
Monthly TSS Violation for the month of July 2012
Tracking#:NOV-2012-LV-0567
NPDES Permit No.NCO041696
During the week ending July 7,2012 the Lake Rhodhiss Treatment Plant experienced greater than normal
Influent BOD and TSS, in conjunction with`petroleum-like chemicals' entering the treatment plant.All
this combined to create an"Upset".Normal/average BOD and TSS are 150 mg/l for each.The plant
does experience slightly elevated BOD for the week of July 4'h,but not to the extent of the 2012 levels.
The average BOD for the week of July 4s',2012 was 253 mg/1. That is an increase of 37% and more than
could reasonably be expected. The TSS increases over the week of July 4s',but once again not to the
extent that could be expected. The average TSS for the week of July 4s',2012 was 466 mg/1.This
included a result of 1000 mg/1 for July 4,2012.
We maintained compliance the first week of July,but were unable to on the second week.A strong
`petroleum/chemical' smell was noted coming into the plant on June 30,2012. Staff reported chemical
smells and rainbow sheens on top of the clarifiers. Staff wasted as much and as often as possible to
remove the contaminated solids. The Centrifuge ran almost continuously throughout the month of July in
an effort to remove the solids.The staff removed via centrifuge approximately 155 dry tons of solids in
the month of July.
The week of July 14,2012 microscopic observation showed very little to no microorganisms in the
aeration basins. Staff added bags of engineered`bugs' during the week and throughout the month in an
attempt to increase the bug population in the aeration basins.By removing the contaminated solids as
quickly as possible and adding`bugs' we were able to gain control of the plant by the end of second week
of July.
Staff suspected and later concluded the source of the petroleum/chemical to a new industry in Valdese.
Staff immediately contacted the new industry during this time.The new industry began discharging on
June 18� 2012. We continue to monitor their discharge closely, as the industry has been issued Notices of
Violation for various parameters.The industry,K1eenTech that caused the `kill-off at the plant admitted
they had an issue with their DAF at the end of June 2012.Extensive engineering was done prior to
allowing this industry to open in Valdese.Despite extensive planning the new industry has been unable to
achieve the expected level of pretreatment.
I requested input from an engineering firm,The Wooten Company during the second week of July on
how best to handle the new industry and the dilemma that the plant was experiencing.Mr.Kin Ferrell
with Maryland Biochemical Co. also ran some test at the plant and at the industry in an effort to offer
advice.

_Staff contends_that_the_violations_were_results_of_circumstancias_heyondD -control_and_tt a all_possihle
steps were taken to lessen their impact on the environment. The treatment plant was being operated
properly before and at the time of the violations.Information concerning the upset and the proposed plan
of action were both conveyed to the Asheville Regional Office within 24 hours of the upset becoming
evident.
Thank you for your time,
�I
Greg Padgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Treatment Plant
i
i

July 10,2012
Noncompliance: Weekly and Monthly TSS
Town of Valdese;Lake Rhodhiss Wastewater Treatment Plant
During the week of July la`,the plant experienced an upset.The upset was later tracked to a new industry
on the system. The upset,slug load caused the`bugs'to die in the plant. To further complicate the
situation,a secondary clarifier was out of service at the time(broke down).
The secondary clarifier has since been repaired and put back into service.
Plant staff continues to work with the new industry to improve their operations and to avoid any future
issues with their discharge.
Regards,
Greg Padgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility

�- ----- —Jul.Y-201.0 sec-201-0— ----- -----
BOD TSS BOD TSS
182 204 169 287
182 209 121 302
170 294 116 213
123 164
avg 164.3 217.8 135.3 267.3
July 2011 Dec 2011
BOD TSS BOD TSS
158 198 78 164
136 183 31 45
155 200 50 82
165 203
153.5 196 53 97
July 2012 Dec 2012
BOD TSS BOD TSS
281 454
246 265
260 1000
225 344
268
253 466.2 #DIV/01 #DIV/O!
I

July 2010 Dec 2010
BOD TSS BOD TSS
182 204 169 287
182 209 121 302
170 294 116 213
123 164
July 2011 Dec 2011
BOD TSS BOD TSS
158 198 78 164
136 183 31 45
155 200 50 82
165 203
July 2012 Dec 2012
BOD TSS BOD TSS
281 454
246 265
1000
260 344
252 268

INFLUENT BOD
300
250
200
-*-JULY 2010 OD
150 JULY 2011 OD
-?i(-JULY 2012 30D
100
50
0

INFLUENT TSS
1200
1000
800
600 tJULY 2010 TSS
JULY2011TSS
-AP-JULY 2012 TSS
400
200
0
1 2 3 4 5

JUSTIFICATION FOR REMISSION REQUEST
-17WQ Case7-Nmffb-er:-L-V=20M0208, C-ounty.Burke---- - - -
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No. : NC0041696, Amount Assessed: $2,137.00
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 tequest 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. § 14313-282.1(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);
7 (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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO.NCO041696 ) FILE NO. LV-2012-0208
Having been assessed civil penalties totaling 2 137.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative heaving
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 oZ S day of �-0'2 C 4 ko -= 20 0-
L
SIGN& URE
ADDRESS C ` '
3 -3
>Jc 226- 40
TELEPHONE
$ Z-6 - Q -7 �i 2t3 �

i
Town of Valdese
Lake Rhodhiss Wastewater Treatment Plant
Weekly TSS Violation for the week of July 14,2012
Monthly TSS Violation for the month of July 2012
Traeldug#:NOV 2012-LV-0567
NPDES Permit No.NCO041696
During the week ending July 7,2012 the Lake Rhodhiss Treatment Plant experienced greater than normal
Influent BOD and TSS,in conjunction with`petroleum-like chemicals' entering the treatment plant.All
this combined to create an"Upset".Normal/average BOD and TSS are 150 mg/l for each.The plant
does experience slightly elevated BOD for the week of July 0,but not to the extent of the 2012 levels.
The average BOD for the week of July 0,2012 was 253 mg/1, That is an increase of 37%and more than
could reasonably be expected. The TSS increases over the week of July 4s',but once again not to the
extent that could be expected. The average TSS for the week of July 4s',2012 was 466 mg/1.This
included a result of 1000 mg/1 for July 4,2012.
We maintained compliance the first week of July,but were unable to on the second week.A strong
`petroleum/chemical' smell was noted coming into the plant on June 30,2012. Staff reported chemical
smells and rainbow sheens on top of the clarifiers. Staff wasted as much and as often-as possible to
remove the contaminated solids. The Centrifuge ran almost continuously throughout the month of July in
an effort to remove the solids.The staff removed via centrifuge approximately 155 dry tons of solids in
the month of July.
The week of July 14,2012 microscopic observation showed very little to no microorganisms in the
aeration basins. Staff added bags of engineered`bugs' during the week and throughout the month in an
attempt to increase the bug population in the aeration basins.By removing the contaminated solids as
quickly as possible and adding`bugs'we were able to gain control of the plant by the end of second week
of July.
Staff suspected and later concluded the source of the petroleum/chemical to a new industry in Valdese.
Staff immediately contacted the new industry during this time.The new industry began discharging on
June 18's,2012. We continue to monitor their discharge closely, as the industry has been issued Notices of
Violation for various parameters. The industry,KleenTech that caused the`kill-off at the plant admitted
they had an issue with their DAF at the end of June 2012.Extensive engineering was done prior to
allowing this industry to open in Valdese.Despite extensive planning the new industry has been unable to
achieve the expected level of pretreatment.
I requested input from an engineering firm, The Wooten Company during the second week of July on
how best to handle the new industry and the dilemma that the plant was experiencing.Mr.Kin Ferrell
with Maryland Biochemical Co, also ran some test at the plant and at the industry in an effort to offer
advice.

Staff conte3s that the violations were results of circumstances beyond our control and that—allpossibl8 ----
steps were taken to lessen their impact on the environment. The treatment plant was being operated
properly before and at the time of the violations.Information concerning the upset and the proposed plan
of action were both conveyed to the Asheville Regional Office within 24 hours of the upset becoming
evident.
Thank you for your time,
Greg Padgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Treatment Plant
1
I
i

July 10,2012
Noncompliance: Weekly and Monthly TSS
Town of Valdese;Lake Rhodhiss Wastewater Treatment Plant
During the week of July I",the plant experienced an upset. The upset was later tracked to a new industry
on the system.The upset,slug load caused the `bugs'to die in the plant. To further complicate the
situation,a secondary clarifier was out of service at the time(broke down).
The secondary clarifier has since been repaired and put back into service.
Plant staff continues to work with the new industry to improve their operations and to avoid any future
issues with their discharge.
Regards,
Greg Padgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Wastewater Treatment Facility

July 2n'ID--- Dec Z01-0 - ----- —
- - -
BOD TSS BOD TSS
182 204 169 287
182 209 121 302
170 294 116 213
123 164
avg 164.3 217.8 135.3 267.3
July 2011 Dec 2011
BOD TSS BOD TSS
158 198 78 164
136 183 31 45
155 200 50 82
165 203
153.5 196 53 97
i
1' July 2012 Dec 2012
BOD TSS BOD TSS
281 454
246 265
260 1000
225 344
268
253 466.2 #DIV/0! #DIV/01
i

July 2010 Dec 2010
BOD TSS BOD TSS
182 204 169 287
182 209 121 302
170 294 116 213
123 164
July 2011 Dec 2011
BOD TSS BOD TSS
158 198 78 164
136 183 31 45
155 200 50 82
165 203
July 2012 Dec 2012
BOD TSS BOD TSS
281 454
246 265
1000
260 344
252 268

INFLUENT BOD
300
250
200
--i-JULY 2010 B DD
150 --JULY 2011 B D
3if-JULY 2012 B DD
100
50
0
i

INFLUENT TSS
1200
1000
800
600 -*--JULY 2010 TSS
JULY 2011 TSS
-*-JULY 2012 TSS
400
200
0
1 2 3 4 S

JUSTIFICATION FOR REMISSION REQUEST
i
DWQ Case Number: LV-2012-0208, County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No. : NC0041696. AmountAssessed: $2,137.00
i
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 Bequest 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. § 14313-282.1(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. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
1 (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);
7 (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:
ICI

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OFVALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO. NCO041696 ) FILE NO, LV-2012-0208
Having been assessed civil penalties totaling$2,1 77.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated December 3, 2012, 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 a b' day of ��e C.= 20 L Z
�. �
SIGNA URE
ADDRESS
TS 3 -3
1.1 c 2 G 40
TELEPHONE
$ 2'8 - g79 2131

Town of Valdese
Lake Rhodhiss Wastewater Treatment Plant
Weekly TSS violation,for June 16,2012
Tracking#: NOV-2012-LV-0566
NPDES Permit No.NC0041696
The Weekly TSS violation for the week of June 16,2012,was due to mechanical failure. The mechanical
failure of clarifier#2 caused a solids overload on clarifier#1.In conjunction with the mechanical failure it
rained on the day the clarifier was being drained.Draining was done by pumping to the thickeners and the
aeration basin.Due to the rain,draining was halted and flow was directed back to clarifier#2 until the
next day when flow had decreased.The drive unit on clarifier#2 was determined to be the problem. This
was probably due to the fact that the sweep arms had gotten out of balance.
Clarifier#2 was drained,cleaned and drive unit was removed.Kemp Inc. removed drive unit,ordered
necessary parts,repaired and replaced unit.Kemp also realigned the sweep arms. Clarifier#2 was placed
back in service on July 11,2012.
Greg adgett
Wastewater Superintendent
Town of Valdese
Lake Rhodhiss Treatment Plant

l�CDE_
-- —— --- -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
January 10, 2013
Sent via e-mail
Mr. Jeffrey V. Morse, Town Manager
Town of Valdese
P.O. Box 339
Valdese,NC 28690
Subject: Remission Request of Civil Penalty Assessment
Town of Valdese—Lake Rhodhiss WWTP
NPDES Permit NCO041696
Case Number LV-2012-0207
Burke County
Dear Mr. Morse:
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,
Bob Sledge, Environmental Specialist
Compliance& Expedited Permitting Unit
cc: Enforcement File w/originals
Central Files w/attachments
Asheville Regional Office w/attachments
ec: Greg Padgett—Town of Valdese
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One..t,/�Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NO u1l.aT011212.
Phone::www.nmaterquality.org
XR"t`l(Mil�
Internet www.ncwaterquallty.org
An Equal Opportunity 1 Affirmative Action Employer

DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Valdese/ Lake Rhodhiss WWTP/ NCO041696
(dune 2012 D\1n)
County: Burke
Case Number: LV-2012-0207
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 TSS exceeded the permit limit by 82.04 %.
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.
The amount of money saved would also include the cost of implementing a
program to handle problems with I& I and regular maintenance of the equipment.
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
1 112 91201 2

N CDETIR
North Carolina Department of Environment and Natural Resources
DIVISIon ofWateTQ>-ialit ----- --
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
December 3, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffery V. Morse
Town of Valdese
P.O. Box 339
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No. LV-2012-0207
Burke County
1
Dear Mr. Morse:
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 Valdese.
Ili This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Valdese for the month of June 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
June 2012 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that the Town of Valdese violated the
terms, conditions or requirements of NPDES Permit NCO041696 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 terns,
conditions or requirements of a permit required by G.S. 143-215.l(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 Valdese:
NOorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone]\FAX: [phone]
Internet:www.ncwaterguality.org

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$500.00 NC0041696, 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:

(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 violutDTTromptly-abVed cuntinnnrg-enviromriental-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
_I
i

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
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
DWQ Central Files w/attachments
NPDES Point Source w/attachments
S WWTP 41696ALV-2012-0207.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0207 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss WWTP
Permit No.: NC0041696 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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO. NCO041696 ) FILE NO. LV-2012-0207
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 December 3, 2012,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
_I
i
TELEPHONE

ATTACHMENT A
Town of Valdese
CASE NUMBER:LV-2012-0207
PERMIT: NCO041696 FACILITY: Lake Rhodiss WWTP COUNTY: Burke 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 6-2012 001 Effluent TSS-Conc 06/16/12 5Xweek mg/1 45 81.92 82.94 Weekly Average Exceeded

Permit Enforcement History Details by Owner
11/29/12
1
Owner: Town of Valdese
Facility: Lake Rhodiss WWTP
Permit: NCO041696 -
Region: Asheville County: Burke
Penalty Remission EM EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Eof Conf - Remission Hearing Remission Remission Memo Sent Balance Pm
Case Number MR Approved Amount tCosts t Case
Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1998-0164 10/16/98 $1,000 $103.00
$1,103.00 $.00 No 11/16/98
LV-1999-0369 09/24/99 $1,000 $79.46 $1,079.46 $.00 No 11/16/99
LV-2000-0051 02/25/09 _$1,990 $79.46 - $1,079.46 $.00 No 03/08/00
LV-2000-0243 06/19/00 $1,250 $79.46 $1,329.46 $.00 No 01/30/01
LV-2091-0187 05/18/01 $1,750 $79.46 $1,829.46 $.00 No 06/07/01
LV-2001-0451 11/05/01 $1,250 $79.46 $1,329.46 $.00 No 11/30/01
LV-2003-0221 04/07/03 $500 $100.00 $600.00 $.00 No 04/22/03
LV-2003-0345 2-2003 04/07/03 $250 $50.00
$.00 $300.00 No 07/11/06
LV-2003-0346 1-2003 04/07/03 $250 $50.00
$.00 $300.00- No 07/11/06
LV-2005-0339 7-2005 09/13/05 $500 $100.00
$600.00 $.00 No 10/18/05
PC-2007-0078 10/26/07 $4,000 - $179.46
$4,179.48 $.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000 $142.00 $1,142.00 $.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2,090 $142.00 12/01/11 08/22/12 $1,000.00 $1,142.00 $.00 No 09/26/12
LV-2008-0247 1-2008 $1,550 $145.00
$1,695.00 No
LV-2012-0207 6-2012 $500 $137.00 $637.00 No

11/29/12
2
Total Cases: 15 Total Penalty Amount: $17,800 Total Enforcement Cost: $1,545.78 Sum of Total Paid: $15,413.78 Total Balance Due: $2,932.00
Sum of Total Case Penalties: $19,345.78 Total Penalties after remission(s): $18,345.78
I

EFFLUENT .pw
SEP t ; 2081
APDES PERMIT NO.: NC0041696 " DISCHARGE NO.: 103 MONTH JUNE YEAR:
2012
FACILITY NAME: LAKE RHODHISS WASTEWATER TREATMENT PLANT CLASS: IV COUNTY: BURKF
OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADGETT GRADE: IV PHONE: [phone]
CERTIFIED LABORATQRIES W W T P fF23Q..�:, MERITECH#165 BLUE RIDGE LABS#275
CHECK BOX IF ORC CH�UI EDP�. ,a. PERSON(S)COLLECTING S�^AM�PLES: CHRIS BORTNICK&CHRIS HUGHEY
ATTNRCEINTRAL FIMail OIGN&aft!LES
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Pi € R7 Y% ebIJ6L 11r"�CIJ-�DIVISION OF WATER QUALITY Zt4
(SIGNATUR OF NCDENR OPERATOR INR MMISLE CHARGE) DATE
NC 2 I' EN BYTHISSIO TURE,ICERTDYTHATTHISREPORTIB
161T MAIL NO9-1817 CEN7ER D��O/BpG ACCURATE AND COMPLETE TO THE BESTOF MY KNOWLEDGE.
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Mon WlY Limit 6to9 28 30.0 1 0.0 200 a _
p
(1)Test Duplicates Out Of QC. (2) Counts On PosbBlank (3)Final Semple Oxygen Level<1• `" � I� �� (����1.1 t',,_1 I 1
Violation Of Weedy TSS Average(Week of 6111112). Composite 1 posits Sample Collected 6/23112 TS Ids no On .
-All Reported Data Associated With Fla 1I r�'� qn �y
�,�..,,,��// Flagged Conditions Are Valid Numbers. ) ) LLLJJJ O L.r Z 4 LU iL
`�/ggaQ�ormMR-1(01/00)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if ap licable) ET
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
i
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 ILE.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."
-J,effeh V. Morse
Permittee 1 ri type)
-7 /A
Si ermitt a*** Dat
(Re uired unless submitted electronica y)
Town of Valdese
PO Box 339 Valdese,NC 28690 828-879-2117 imorse@ci,valdgse nc us February 28,2015
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
4
Parameter Code assistance maybe 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/was 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 DU R 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)(1)).
Page 2

NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director
Secretary
December 3, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9957
Mr. Jeffery V. Morse
Town of Valdese
P.O. Box 339
Valdese,North Carolina 28690
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 NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No.LV-2012-0207
Burke County
Dear Mr. Morse:
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 Valdese.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Valdese for the month of June 2012. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0041696. The violations which occurred in
June 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Valdese violated the
terns, conditions or requirements of NPDES Permit NCO041696 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, l, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
the Town of Valdese:
N�ocnn�ettYhtCarolina
,NaflfCll��1�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE^i
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]
alJl.. Internet:www.ncwaterouality oro

1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No.
$500.00 NC0041696,by discharging waste water into the waters of the State
in violation of the Permit Weekly erage 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 o£
Point Source Compliance/Enforcement Unit
jDivision 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:
I

F
(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. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you to contest any statement in the attached assessment document you must fi e 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
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
j
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cfanford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
DWQ Central Files w/attachments
NPDES Point Source w/attachments
S'SWP16urketWastee�•�rerAMGmicipal',V;ildese WW'CP4169(A N-2012-0207.doc

JUb.iFICATION FOR REMISSION REl•.1EST
DWQ Case Number: LV-2012-0207 County: Burke
Assessed Party: Town of Valdese/Lake Rhodhiss WWTP
Permit No.: NC0041696 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 violations) occ or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(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 inN.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 h of been assessed-civil penalties for any-pr€ViBus-yielatiens;
(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 BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF VALDESE/ LAKE RHODHISS )
WWTP )
PERMIT NO. NCO041696 ) FILE NO. LV-2012-0207
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 December 3, 2012,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
`l
SIGNATURE
ADDRESS
1
1
1
TELEPHONE
1

ATTACHMENT A
Town of Valdese
CASE NUMBER:LV-2012-0207
PERMIT: NCO041696 FACILITY: Lake Rhodiss WVVTP COUNTY: Burke REGION: Asheville
Limit Violations
MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$500.00 6-2012 001 Effluent TSS-Conc 06/16112 5Xweek mg/1 45 81.92 52.04 Weekly Average Exceeded

DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT (FILE)
Violator: Town of Valdese/ Lake Rhodhiss WWTP/ NCO041696
(June 2012 DP1R)
County: Burke
Case Number: LV-2012-0207 — - -
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 TSS exceeded the permit limit by 82.04 %.
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.
The amount of money saved would also include the cost of implementing a
program to handle problems with I&I and regular maintenance of the equipment.
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 Cr ford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
11/29/2012

EFFLUENT 1 S
p, � l/�
1.-f
NPDES PERMIT NO.: NCO041698 DISCHARGE NO.: 103 MONTH DUNE YEAR:2012
FACILITY NAME: LAKE RHODHISS WAS TREATMENT PLANT CLASS: IV COUNTY: B RK
OPERATOR IN RESPONSIBLE CHARGE(ORC): GREG PADGETT GRADE: IV PHONE: [phone]
CERTIFIED LABORA Q(?IE;$ .W W T P M23 MERITECH#185 BLUE RIDGE LABS#275
CHECK BOX IF ORC�AUGf(Ay##yyEDg pu{s�l$+'g �? PERSON(S)COLLECTING SAMPLES: CHRIS BORTNICK&CHRIS HUGHEY
Mail ORIGIN�e,Wl ONE
ATTN:CENTRAL us."OPY�O. A 0 3 20 2
/��,�
DIVISION OF WATEROUALTTT (SIGNATUR OFOPERATORINR PoNSIBLE CHARGE) I DATE
76/7ENIR
MAIL SERVICE CENTER t'EyN�I RAL P 11 ES BYTHISSIG TURE,ICERTIFYTHATTHISREPORTIS
4J RALEIGN,NC 2709-1617 WC.U80G ACCURATE"mcceAPLETETO THE BESTOF MYKNOWLEmF
E 0 fi0050 00010 00100F
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-
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2s 129 4.Ta ;1. 0 5 422; <
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29 r '000 VIL2,701- t2. 24. . 13 5.5
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31
AVERAGE 2.593 27 21 526.1
x 71,: . 4. .( 1, 1 .. .y 7 p 0.000
NPUMDM ��1359 24 6 2 < no 2.00 < 0.50 < 00 < 1 ,,S , •2,56,E � :25r� .�• 0.000 '
Gawp- ifrad
Monthly Limit 6 to 9 28 30.0 30.0 200 a p
(1)Teat Duplicates Out Of QC. (2) Counts On Post-Blank. (3)Final Sample Oxygen Level<1 IS
Violation Of Weekly TSS Average(VVcek of 6/11H2). Composlte Sample Collected 6123112 fo T no Only,
"All Reported Data Associated With Flagged Conditions Are Valid Numbers. I it I-1
<?)k9-Farm MR-1(01/00) l/- '•;. �__-_ . . '..

p Facility Status: (Please check one of the foL..wing)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,_ if ap cam)phi
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The petmittee 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 tine 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."
J ffe V. Morse
Permittee 1 A type)
j
Si ermi a*** Dat
Town of Valdese (Re uired unless submitted electronic y)
PO Box 339 Valdese,NC 28690 828-879-2117 1mQm2@2Lza!d?,sa.nc.us February 28 2015
Pemuttee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
_i Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
i
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.erinstatemc.us/was 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 pernittee,then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B.0506(b)(2)(D).
.. - Page 2

Permit Enforcement History Details by Owner
11/29/12
1
Owner: Town of Valdese '
Facility: Lake Rhodiss WWTP-
Permit: NCO041696
Region: Asheville County: Burke
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pint Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-1998-0164 _ 10/16/98 $1,090 $103.00 $1.103.00 $.00 No 11/16/98
LV-1999-0369 09/24/99 $1.900 $79.46 $1,079.46 $.00 No 11/16/99
LV-2090-0951 02/25/00 $1,000 $79.46 $1,079.46 $.00 No 03/08/00
LV-2000-0243 06/19/00 $1,250 $79.46 $1,329.46 $.00 No 01/30/01
LV-2001-0187 05/18/01 $1,750 $7946 $1,829.46 $.00 No 06/07/01
LV-2001-0451 11/05/01 $1,250 $79.46 $1,329.46 $.00 No 11/30/01
LV-2003-0221 04/07/03 $500 $100.00 $600.00 $.00 No 04/22/03
LV-2003-0345 2-2003 04/07/03 - $250 $50.00
$.00 $300.00 No 07/11/06
LV-2003-0346 1-2003 04/07/03 $250 $50.00
$.00 $300.00 No 07/11/06
LV-2005-0339 7-2005 09/13/95 $500 $100.00
$600.00 $.00 No 10/18/05
PC-2007-0078 10/26/07 $4,000 $179.48 $4,179.48 $.00 No 11/19/07
LV-2011-0293 1-2011 11/16/11 $1,000 $142.00 $1,142.00 $.00 No 12/21/11
LV-2011-0294 3-2011 11/17/11 $2,090 $142.00 12/01/11 08/22/12 $1,000.00 $1,142.00 $.00 No 09/26/12
LV-2008-0247 1-2008 $1.550 $145.00
$1,695.00 No
LV-2012-0207 6-2012 $590 $137.00 $637.00 No

11129/12
2
Total Cases: 15 Total Penalty Amount: $17,800 Total Enforcement Cost: $1,545.78 Sum of Total Paid: $15,413.78 Total Balance Due: $2,932.00
Sum of Total Case Penalties: $19,345.78 Total Penalties after remission(s): $18,345.78
III

`d �4,� .,//�� INLE 4„ to
i� 1.►MA y
. . n . NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman
Governor Director
Secretary-
November 9,2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9773
Mr.Jeffery V.Morse
Town of Valdese
Lake Rhodhiss WWTP
121 Faet Street
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0566
Lake Rhodhiss WWTP
NPDES Permit No.NCO041696
Burke County
Dear Mr. Morse:
A review of the June 2012 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/16/2012 103 TSS 8 1.9 2 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.NC0041696.
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 June 2012 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—ASHEVILLEREGIONAL:OFFICE
Location 2090 U.S Highway 70,Swatmatioa.North Carolina 28778
Phone:[phone]\Pax.828 299-7043Orthear0lma
Internet:htto�//portal nctlenromlweblwo
An Equal Opportunity'Affira ative Action Employer—50%Reeccled,10%Post Consumer paper

Mr. Jeffery V. Morse
November 9, 2012
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
g p
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
ti tiW1113urke11astewater:MunicipaHVoldesa WWI 41696WOV-ABE-2012-LV-056ti.doc

AA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
November 9, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffery V. Morse
Town of Valdese
Lake Rhodhiss WWTP
121 Fact Street
Valdese,North Carolina 28690
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2012-LV-0566
Lake Rhodhiss WWTP
NPDES Permit No. NCO041696
Burke County
Dear Mr. Morse:
A review of the June 2012 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
06/16/2012 103 TSS 81.92 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. NC0041696.
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 June 2012 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—ASH EVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannrn oa.North Carolina 28778 One
Phone:[phone]\Fax:[phone] NorthCarolina
Internet:hfp:/Iportal.nodenr.org/webtwq �1'Igt,1111 Ij1
An Equal Opportmrity t.Affirmanve Action Employer-50%Recwlediln%Post Consumer paper �Y

Mr. Jeffery V. Morse
November 9, 2012
-----PageTwo --- -- -- —
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
we 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
I
1
S SNP`BurkevWastewarer unicipallValdeseWW'IT41696ANOV-N126-2012-LV-0566-doe
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'permit NC0 '41696 etal
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Facilriy Lake +hodkssyvWrP ' I e a€lsa i€ Region: shemlle County:i
Owner owrrdt> e§� �ji Minta€ In2ident: � i(, 331nspecYDt` C1s#ails , is3 1,a
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1091 Effluent Chlorine, me . 0 '
r
Outfal "Lodatlon 'Va"r'ameter ter - 'Date. fAanual��� Descrl tion � SOC .Omit 'Calcul., �, Unit�� .96{�+rer
61E412012 ❑ Daily Maximum. ❑ 28 47 ugA 67 857...No Action,BPJ a;�� '
J 001 Effluent Chlorine,Tota_.mow2o12 - L'—�, Daily Maximum... ❑ 28 43 ugll _:- 53.571...No Action,BPJ '(E
F 001 -Effluent Chlorine,Tota:.. 0 610 71,2 01 2- ❑ Daily Maximum... 1,28 - 31 ugll. 1.0 7t4.- No Action,BPJ ' ?:
+ 001 Effluent Chlorine,Tota... 06111.17Q12, ❑• Daily Maximum:.. r❑--'28 29 ugll :<; 3.5714.::No Action BP
00 J -
1 'Effluent- Chlorine,Tota... 06J12J2012' ❑ Daily Maximum:.. ❑ 28 30 ug11 -7.1428...No Action,BPJ
001 Effluent Chlorine,Tota... 06J18120T2 ® Daily Maximum.. ❑ 28 41 ugil 46.428 .No Action,BPJ
001 Effluent Chlorine,Tota... 0E1291201 Z '. ❑ Daily Maximum... l28 29 ugJl 3 5714:l:No Action,BPJ "
`001 Effluent Solids,Total... 9EJ16J281-2 ❑ Weekly Average ❑ 45 81.92 mgll 82E44. 8�.077
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