NC0026271_Regional Office Historical File Pre 2018 (116)

DIVISION OF WATER QUALITY
August 15, 1997
TO: Bob Sledge
FROM: D. Rex Gleason
PREPARED BY: Richard Bridgeman� j-,
SUBJECT: Stipulated Penalty Demand
Town of Taylorsville
NPDES Permit No. NC0026271
EMC SOC WQ 96-12
Alexander County
Attached are suggested letters for the Director's signature regarding payment of a
stipulated penalty for the violation of the SOC interim (modified) limit for BODS during May,
1997. One suggested letter waives the penalty and the other demands payment for the single
violation. Also attached are copies of the NOV and the response received from the Town.
A similar package, for violations occurring during April, 1997, was forwarding for your
action on July 22, 1997. Based on a file review, no final action has yet been taken on that
submittal.
Based on the Town's response, this Office recommends that payment of the stipulated
penalty for the violation be demanded. Please advise if further information or action is needed.
Enclosures
cc: Steve Tedder

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Dr., S.E.
Taylorsville, NC 28681
Dear Mr. Duncan:
e��
IDEEHNF;Z
Subject: Department of Environment, Health, and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
SOC EMC WQ 96-12
Stipulated Penalty
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 average limitation for Biochemical Oxygen Demand contained
in Attachment A of the Consent Order for the month of May, 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 August 4, 1997.
I have reviewed the Town's reply dated August 7, 1997, which states that the violation
occurred because of construction activities. After careful review of this matter, I have not found
grounds for sufficient justification to waive the stipulated penalty; 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 the violation.
919 North Main Street, 7,y;6
FAX [phone]
Mooresville, North Carolina 28115 Nvf C An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/10% post -consumer paper

I
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
Page Two
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 penalty 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

ORState of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Dr., S.E.
Taylorsville, NC 28681
Dear Mr. Duncan:
XT?W,J
IDEF.HNF;Z-
Subject: Department of Environment, Health, and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
SOC EMC WQ 96-12
Stipulated Penalty
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
limitationsand 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 average limitation for Biochemical Oxygen Demand contained
in Attachment A of the Consent Order for the month of May, 1997.
You were notified of the violation and your right to justify the Town's failure to meet the
interim effluent limitation in a Notice of Violation dated August 4, 1997.
I have reviewed the Town's reply dated August 7, 1997, which states that the violation
occurred because of construction activities. After careful review of this matter, I have found
sufficient justification to waive the stipulated penalties.
919 North Main Street, ��y�
FAX [phone]
Mooresville, North Carolina 28115 N)a r- An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 500% recycled/10% post -consumer paper

Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
Page Two
You are reminded that waiving the penalty 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
Mooresville Regional Office
James B. Hunt, Jr., Governor
IDEHNF;Z
DIVISION OF WATER QUALITY
August 4, 1997
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue, S.E.
Taylorsville, NC 28681
Subject: . Notice of Violation
Town of Taylorsville
EMC SOC WQ 96-12
NPDES Permit No. NCO026271
Alexander County
Dear Mr. Duncan:
This letter is to inform you that a review of the Town's self -monitoring report for the
month of May, 1997 indicates a violation of the Special Order by Consent (SOC) modified
effluent limits for Biochemical Oxygen Demand (BODS) as follows:
Reported Limit
pip-e Parameter Yaluell Jni Yalu-ealiiLZypc
001 BODS 63.0 mg%1 60.0 mg/.1/SOC
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 are
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, . W 4
FAX [phone]
Mooresville, North Carolina 2.8115 N)"if An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 _ 500% recycled/100% post -consumer paper

Mr. Robert W. Duncan
Town of Taylorsville
Page Two
August 4, 1997
If you have justification that the violation was 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.
If you have any questions concerning this matter, please contact either Mr. Rex Gleason,
Water Quality Regional Supervisor, or me at the letterhead address or 704/663-1699.
Sincerely,
Barbara S. Christian, P.G.
Acting Regional Supervisor
cc: SOC Files
Central Files

P11►YLO��
87
MAYOR
Dr. Glenn P. Deal
COMMISSIONERS
Ronnie Robinette
Bob Phillips
Franklin Watts
TOWN MANAGER
Robert W. Duncan
TOWN CLERK
Sandra C. Icenhour, CMC
.Town of Tayforsvifk
204 Main Avenue Dr., S.E. • Taylorsville, N.C. 28681
Phone: [phone] • FAX [phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
August 7, 1997
Ms. Barbara S. Christian, P.G.
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 Ms. Christian:
In answer to your letter of August 4, 1997, concerning non-compliance at our
waste water treatment plant the following information is submitted.
Biochemical Oxygen Demand was out of compliance on one weekly test during the
month of May because of construction. During this time period the primary settling
tanks were out of service as they were being converted from imhoff tanks to
aerobic digesters. Because of this the only existing aeration basin was receiving
the full solids load and there was insufficient holding time in the tank to oxidize the
BOD. Repairs to the aeration tanks was completed during the month of May and
no problems have occurred with BOD since this one weekly tes< on May 14.
Additional information concerning this subject is included in our letter of July 14,
1997, a copy of which is attached. If additional information is needed concerning
this matter feel free to call.
Sincerely,
Robert W. Duncan
Town Manager
The Town of Tavlorsville does not dismminate on the basis of race. color, national origin.
sex, religion. age or disability in employment or the provision of services.

MAYOR
Dr. Glenn P. Deal
COM 4MIONERS
Ronnie Robinette
Bob Phillips
Franklin Watts
TOWN MANAGER
Robert W. Duncan
TOWN CLERK
Sandra C. Icenhour, CMC
Tou)w of Tayforsiville
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:
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 l.) Duke Power must replace a transformer to provide adequate plant
vo tage.
2.) Landscape and clean up.
3.) Touch-up painting.
II. 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 Taylorville does not dism (e on the basis of o e. mi , nahonal ongsn.
se., religson. •g. or disability in employment or the provision of serviccs

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 minimize 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