NC0026271_Regional Office Historical File Pre 2018 (114)

DIVISION OF WATER QUALITY
July 22, 1997
TO: Bob Sledge
FROM: D. Rex Gleason'
PREPARED BY: Richard Bridgeman,
SUBJECT: Stipulated Penalty Demand
Town of Taylorsville
NPDES Permit No. NC0026271
-EMC-S.O�-Q-96i— �2`
Alexander County
Attached are suggested letters for the Director's signature regarding payment of stipulated
penalties for the violation of SOC interim (modified) limits during April, 1997. One suggested
letter waives all penalties, one demands payment for all four violations, one demands payment
for the weekly average violations only, and the last demands payment for the monthly average
violations only. Also attached are copies of the NOV and the response received from the Town.
Based on the Town's response, this Office recommends that payment of the stipulated
penalties for all four violations be demanded. Please advise if further information or action is
needed.
Enclosures

MAYOR
Dr. Glenn P. Deal
COMMISSIONERS
Ronnie Robinette
Bob Phillips
Franklin Watts
TOWN MANAGER
Robert W. Duncan
TOWN CLERK
Sandra C. Icenhour, CMC
Toum of Tayfiwiliffi!
204 Main Avenue Dr., S.E. • Taylorsville, N.C. 28681
Phone: [phone] • FAX [phone]
July 14, 1997
CERTIFIED. MAIL
RETURN RECEIPT REQUESTED
Mr. D. Rex Gleason, P.E.
Acting Regional Supervisor
NC Department of EH&NR
919 North Main Street
Mooresville, NC 28115
Subject: Notice of Violation
Town of Taylorsville
EMC SOC WQ 96-12
NPDES Permit No. NCO026271
Alexander County
Dear Mr. Gleason:
N.C. PFPT. OF
M vIKONMHA1T, FzI ALTH
JUL 1 6 1997'
The following information is being submitted to your office in response to the
above referenced Notice of Violation.
I. The new wastewater treatment plant was substantially completed on May 16,
1997. On May 16 all treatment units were filled for the purpose of testing our
equipment. On this date the Enviro Quip representative was checking our diffusers
and found 14 diffusers to be faulty. With so many of the units bad, Enviro Quip
decided to replace all 1104 diffusers. On May 19, the tanks were drained for the
purpose of replacing the diffusers. On May 29 the replacement of the diffusers
was completed and we began filling tanks again.
On June 1 the remaining check list items were:
1.) Duke Power must replace a transformer to provide adequate plant
voltage.
2.) Landscape and clean up.
3.) Touch-up painting.
H. During the months of April and May two situations occurred which caused
our non-compliance. These were:
1.) The sludge from our imhoff tank had to be temporarily transferred
to an aeration basin. This was done to give the contractor access to the imhoff
The Town of Taylorsville does not discriminate on the basis of race, color, national origin,
sex, religion, age or disability in employment or the provision of services.

Rex Gleason
Page 2
tank in order to complete their work. We were unable to take sludge to the fields
due to excessive rains at the time.
2.) The only treatment unit in operation at this time was the old
aeration units. The contractor was working on the other units. We scheduled our
work to minimise their situation but could not avoid taking these units out of
service.
3.) In May we were in non-compliance on one of our weekly results.
Our month total was in compliance. The weekly non compliance occurred during
the week of May 14. During this week one side of our plant was down for the
contractor to make repairs to the treatment units. On May 16 the repairs were
completed.
III. On May 30, 1997, our plant operator was injured on the job and
hospitalized for 4 days. He was out ow work a total of two weeks.. During the
period of time the regular operator was out, the plant. was staffed by our back-up
operator. The back-up operator was not aware of the May 31 notification date.
Our regular operator returned on June 16. Immediately upon his return it was
necessary to schedule several training sessions with our equipment suppliers. This
required several days. As a result of these factors, we failed to notify the
NCDEHNR of the completion date. Please consider this.letter as our notification
that Taylorsville me the May 31 completion date as required by our SOC.
If additional information is needed feel free to call.
Sincerely,
Robert W. Duncan
Town Manager

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor,
Jonathan B. Howes, Secretary
Mr. Robert W. Duncan,
Town of Taylorsville
204 Main Avenue, S.E.
Taylorsville, NC 28681
Dear Mr. Duncan:
AT?WA
1DEEEHNF;Z
DIVISION OF WATER QUALITY
July 10, 1997
Town Manager
Subject: Notice of Violation
Town of Taylorsville
EMC SOC WQ 96-12
NPDES Permit No. NCO026271
Alexander County
This letter is to inform you that a review of the Town's self -monitoring report for the
month of April, 1997 indicates violations of the Special Order by Consent (SOC) modified
effluent limits for Biochemical Oxygen Demand (BOD5) and Total Suspended Residue (TSR) as
follows:
Reported
Limit
pips
Parameter
Value/iJnit
Value/T e/IJnit
001
BOD5
47.2 mg/1
45.0/SOC/mg/l
001
BOD5
62.0 mg/1
60.0/SOC/mg/l
001
TSR
48.7 mg/1
45.0/SOC/mg/1
001
TSR
89.3 mg/l
60.0/SOC/mg/l
You are directed to take whatever remedial actions are necessary to correct the problem.
The Special Order by Consent contains a stipulated penalty of $1,000.00 for each violation of
interim effluent limitations.
Paragraph 5 of the Special Order by Consent states in part that the stipulated penalties art -
not due if the Town satisfies the Division that noncompliance was caused by events or
circumstances beyond the Town's control.
919 North Main Street, 4 FAX [phone]
Mooresville, North Carolina 28115N)G* An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 07. IF 732 T M 50% recycled/ 1Ck post -consumer paper

l�
Mr. Robert W. Duncan
Y Town of Taylorsville
Rage Two
July 10, 1997
- If you have justification that these violations were caused by events or circumstances
beyond the Town's control, you must reply in writing to the Mooresville Regional Office within
ten (10) days after receipt of this Notice. Your justification will be reviewed and a
recommendation forwarded to the Director for his consideration. In the absence of such
justification, this Office shall proceed with a recommendation that the Director demand payment
of the stipulated penalty as included in the Special Order by Consent.
Also, Paragraph 3(e) of the Special Order by Consent requires the submittal of a written
notice of compliance or noncompliance relative to the accomplishment of any activity listed in
Paragraph 3(b). The notice is considered a progress report, and as such the failure to submit the
notice is subject to a stipulated penalty. This Office has no record of the Town having submitted
the required notice. In responding, please advise this Office relative to this perceived violation.
If you have any questions concerning this matter, please contact either Richard
Bridgeman or me at the letterhead address or 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Acting Regional Supervisor
cc: SOC Files
Central Files

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
'Ionathan B. Howes, Secretary
APreston Howard, Jr., P.E., Director
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Dr., S.E.
Taylorsville, NC 28681'
Dear Mr. Duncan:
EDIEHNF;Z
Subject: Department of Environment, Health, and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
SOC EMC WQ 96-12
Stipulated Penalties
Town of Taylorsville
Alexander County
The Town of Taylorsville entered into a Special Order by Consent (SOC EMC WQ 96-
12) with the North Carolina Environmental Management Commission whereby operation of the
Town of Taylorsville Wastewater Treatment Plant has been placed under interim effluent
limitations and an enforceable schedule while the existing wastewater treatment plant is being
upgraded.
Under paragraph 3(d) of the Special Order by Consent, the Town is required to comply
with interim effluent limitations as set forth in the Consent Order. The Town failed to comply
with the interim effluent weekly and monthly average limitations for Biochemical Oxygen
Demand and Total Suspended Residue contained in Attachment A of the Consent Order for the
month of April, 1997.
You were notified of the violation and your right to justify the Town's failure to meet the
interim effluent limitations in a Notice.. of Violation dated July 10, 1997.
P.O. Box 29535, A A FAX [phone]
Raleigh, North'Carolina 27626-0535 N'Vf An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/10% post -consumer paper

Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
Page Two
I have reviewed the Town's reply dated July 14, 1997, which stated that the violations
occurred because the Town had transferred sludge from an imhoff tank into an operating aeration
basin to allow a contractor access to the imhoff tank. The reply states that this was done because
excessive rains prevented disposal of the sludge in designated land application fields. After
careful review of this matter, I have tit found grounds for sufficient justification to waive the
stipulated penalties; therefore, and pursuant to paragraph 4 of the Special Order by Consent, a
stipulated penalty in the amount of $1,000.00 is now due for each violation, for a total penalty of
$4,000.00.
Payment by certified check payable to the Department of Environment, Health, and
Natural Resources must be submitted to the Department at the address given below within
fourteen (14) days from receipt of this demand:
Director
Division of Water Quality
Department of Environment, Health, and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
You are reminded that payment of said penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.
If you have any questions concerning this notification, please contact Mr. J. Kent
Wiggins, Supervisor, Facility Assessment Unit, at 919/733-5083 ext. 521 or Mr. D. Rex Gleason,
Water Quality Regional Supervisor, at 704/663-1699 in the Mooresville Regional Office.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Attorney General's Office
SOC Files
Mooresville Regional Office

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Water Quality A4
James B. Hunt, Jr., Governor
�onathan B. Howes, Secretary EDIEHNF;Z.
'A.,Freston Howard, Jr., P.E., Director
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Dr., S.E.
Taylorsville, NC 28681 .
Subject: Department of Environment, Health, and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
SOC EMC WQ 96-12
Stipulated Penalties
Town of Taylorsville
Alexander County
Dear Mr. Duncan:
The Town of Taylorsville entered into a Special Order by Consent (SOC EMC WQ 96-
12) with the North Carolina Environmental Management Commission whereby operation of the
Town of Taylorsville Wastewater Treatment Plant has been placed under interim effluent
limitations and an enforceable schedule while the existing wastewater treatment plant is being .-
upgraded.
Under paragraph 3(d) of the Special Order by Consent, the Town is required to comply
with interim effluent limitations as set forth in the Consent Order. The Town failed to comply
with the interim effluent weekly and monthly average limitations for Biochemical Oxygen
Demand and Total Suspended Residue contained in Attachment A of the Consent Order for the
month of April, 1997.
You were notified of the violation and your right to justify the Town's failure to meet the
interim effluent limitations in a Notice of Violation dated July 10, 1997.
P.O. Box 29535, 1P6 FAX [phone]
Raleigh, North Carolina 27626-0535 Af An Equal Opportunity/Affirmative Action Employer
Telephone [phone]k recycles/ 10% post -consumer paper

Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
Page Two
�H
I have reviewed. the Town's reply dated July 14, 1997, which stated that the violations
occurred because the Town had transferred sludge from an imhoff tank into an operating aeration
basin to allow a contractor access to the imhoff tank. The reply states that this was done because
excessive rains prevented disposal of the sludge in designated land application fields. After
careful review of this matter, I have found sufficient justification to waive the stipulated
penalties.
You are reminded that waiving the penalties will not foreclose further penalties for any
future or continuing violations, failure to meet deadline dates, or interim effluent violations.
If you have any questions concerning this notification, please contact Mr. J. Kent
Wiggins, Supervisor, Facility Assessment Unit, at 919/733-5083 ext. 521 or Mr. D. Rex Gleason,
Water Quality Regional Supervisor, at 704/663-1699 in the Mooresville Regional Office.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Attorney General's Office
SOC Files
Mooresville Regional Office

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Water Quality
James B. Hunt, Jr., Governor
inathan B. Howes, Secretary : H N R
JAMPreston Howard, Jr„ P.E., Director
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Dr., S.E.
Taylorsville, NC 28681
Subject: Department of Environment, Health, and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
SOC EMC WQ 96-12
Stipulated Penalties
Town of Taylorsville
Alexander County
Dear Mr. Duncan:
The Town of Taylorsville entered into a Special Order by Consent (SOC EMC WQ 96-
12) with the North Carolina Environmental Management Commission whereby operation of the
Town of Taylorsville Wastewater Treatment Plant has been placed under interim effluent
limitations and an enforceable schedule while the existing wastewater treatment plant is being
upgraded.
Under paragraph 3(d) of the Special Order by Consent, the Town is required to comply
with interim effluent limitations as set forth in the Consent Order. The Town failed to comply
with the interim effluent weekly and monthly average limitations for Biochemical Oxygen
Demand and Total Suspended Residue contained in. Attachment A of the Consent Order for the
month.of April, 1997.
You were notified of the violation and your right to justify the Town's failure to meet the
interim effluent limitations in a Notice of Violation dated July 10, 1997.
P.O. Box 29535, N���� FAX [phone]
Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10%post-consumer paper

Mr. RobertW. Duncan, Town Manager
Town of Taylorsville
Page Two
�H
I have reviewed the Town's reply dated July 14, 1997, which stated that the violations .
occurred because the Town had transferred sludge from an imhoff tank into an operating aeration
basin to allow a contractor access to the imhoff tank. The reply states that this was done because
excessive rains prevented disposal of the sludge in designated land application fields. After
careful review of this matter, I have nQt found grounds for sufficient justification to waive the
stipulated penalties for the violations of Biochemical Oxygen Demand and Total Suspended
Residue weekly average interim limitations; however, I have found sufficient justification to
waive the stipulated penalties for the violations of Biochemical Oxygen Demand and Total
Suspended Residue monthly average interim limitations. Therefore, pursuant to paragraph 4 of
the Special Order by Consent, a stipulated penalty in the amount of $1,000.00 is now due for
each violation, for a total penalty of $2,000.00.
Payment by certified check payable to the Department of Environment, Health, and
Natural Resources must be submitted to the Department at the address given below within
fourteen (14) days from receipt of this demand:
Director
Division of Water Quality
Department of Environment, Health, and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
You are reminded that payment of said -penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.
If you have any questions concerning this notification, please contact Mr. J. Kent
Wiggins, Supervisor, Facility Assessment Unit, at 919/733-5083 ext. 521 or Mr. D. Rex Gleason,
Water Quality Regional Supervisor, at 704/663-1699 in the Mooresville Regional Office.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Attorney General's Office
SOC Files
Mooresville Regional Office

State of North Carolina
Department of Environment,
Health and Natural Resources ` •
Division of Water Quality
James B. Hunt, Jr., Governor
,Jonathan B. Howes, Secretary E H N
MPreston Howard, Jr., P.E., Director
Mr. Robert W.. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Dr:, S.E. .
Taylorsville, NC 28681
Subject: Department of Environment, Health, and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
SOC EMC WQ 96-12
Stipulated Penalties
Town of Taylorsville .
Alexander. County
Dear Mr. Duncan:
The Town of Taylorsville entered into a Special Order by Consent (SOC EMC WQ 96-
12) with the North Carolina Environmental Management Commission whereby operation of the
Town of Taylorsville Wastewater Treatment Plant has been placed under interim effluent
limitations and an enforceable schedule while the existing wastewater treatment plant is being
upgraded.
Under paragraph 3(d) of the Special Order by Consent, the Town is required to comply
with interim effluent limitations as set forth in the Consent Order. The. Town failed to comply
with the interim effluent weekly and monthly average limitations for Biochemical Oxygen
Demand and Total Suspended Residue contained in, Attachment A of the Consent Order for the
month of April, 1997.
You were notified of the violation and your right to justify the Town's failure to -meet the
interim effluent limitations in a Notice of Violation dated July 10, 1997.
P.O. Box 29535, N%f
� FAX [phone]
Raleigh, North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone [phone]°k recycles/10% post -consumer paper

Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
Page Two
.I have reviewed the Town's reply dated July 14, 1997, which stated that the violations
occurred because the Town had transferred sludge from an imhoff tank into an operating aeration
basin to allow a contractor access to the imhoff tank. The reply states that this was done because
excessive rains prevented disposal of the sludge in designated land application fields. After
careful review of this matter, I have not found grounds for sufficient justification to waive the
stipulated penalties for the violations of Biochemical Oxygen Demand and Total Suspended
Residue monthly average interim limitations; however, I have found sufficient justification to
waive the stipulated penalties for the violations of Biochemical Oxygen Demand and Total
Suspended Residue weekly average interim limitations. Therefore, pursuant to paragraph 4 of
the Special Order by Consent, a stipulated penalty in the amount of $1,000.00 is now due for
each violation, for a total penalty of $2,000.00.
Payment by certified check payable to the Department of Environment, Health, and
Natural Resources must be submitted to the Department at the address given below within
fourteen (14) days from receipt of this demand: ,
Director
Division of Water Quality
Department of Environment, Health, and Natural Resources
Post Office Box 29535
Raleigh, NC 27626-0535
You are reminded that payment of said penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.
If you have any questions concerning this notification, please contact Mr. J. Kent
Wiggins, Supervisor, Facility Assessment Unit, at 919/733-5083 ext. 521 or Mr. D. Rex Gleason,
Water Quality Regional'Supervisor, at 704/663-1699 in the Mooresville Regional Office.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Attorney Generalts Office