NCG590004_Regional Office Historical File Pre 2018 (2)

Water Resources
ENVIRONMENTAL QUALITY
ROY PER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
April 12, 2018
CERTIFIED MAIL # 7016 1370 0000 2596 0221
RETURN RECEIPT REQUESTED
Mr. Rondall Roper
Cleveland County WTP
P.O Box 788
Lawndale, NC 28090
Dear Mr. Roper:
Subject: Notice of Violation
Compliance Evaluation Inspection
NOV-2018-PC-0123
Cleveland County WTP
NPDES Permit No. NCG590004
Cleveland County
Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted at the subject
facility on April 10, 2018 by Ori Tuvia. Your cooperation during the site visit was much appreciated. Please
advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed report.
The following areas of concern were observed during the inspection:
1) Facility has failed to conduct 24-hour flow based composite sampling as required by the permit.
2) Chain -of -Custody (COC) forms do not include the name of individual relinquishing the sample.
Please be advised that this letter is a Notice of Violation. You are requested to respond to this Notice
in writing within fifteen (15) days of receipt indicating your plan of action to ensure future compliance. Failure
to respond and/or failure to resolve the violations could subject you to further action by the Division of Water
Resources.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org

The report should be self-explanatory; however, should you have any questions concerning this report,
please do not hesitate to contact Ori Tuvia at [phone], or at ori.tuvia,cUncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger
Regional Supervisor
Mooresville Regional Office
Division of Water Resources
cc: NPDES, MRO files (Laserfiche)

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
1
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires a-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 i,, i 2 15 I 3 I NCG590004 I11 121 16/o4/10 I17 18 i,.I . 19 i c I 201
211111 1 1 I I I I II I I I I I I I I I I I I I I I I I I I I I I I II I I I I I f6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- Reserved---------
67 1.0 70 id i 71 i,, Ji 72 i Lti i 73I 1 174 751
LJ -1 I I I I I I I I I80
Section B: FacilityData
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
11:05AM 18/04/10
15/02/01
Cleveland County WTP
435 Casar-Lawndale Rd
Exit Time/Date
Permit Expiration Date
Lawndale NC 28090
12:20PM 18/04/10
19/07/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
///
Rondall A Roper/ORC/704-538-9033/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Rondall A Roper,PO Box 327 Fallston NC 28042//704-538-9033/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
DocuSigned by:
Od A Tuvia { ..._ MRO WQ/f704-663-1699/ 4/12/2018
EBB057A2DE017498...
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
W. Corey Basinger MRO WQ//704-235-2194/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
DocuSigned by:
4/12/2018
Page#
CA14CC681AF27425...

NPDES yr/mo/day Inspection Type
31 NCG590004 I11 121 18/04/10 117 18 ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Page#

J
Permit: NCG590004 Owner - Facility: Cleveland County WTP
Inspection Date: 04/10/2018 Inspection Type: Compliance Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 moriths or less). Has the permittee submitted a new
❑
❑
M
❑
application?
Is the facility as described in the permit?
0
❑
❑
❑
# Are there any special conditions for the permit?
❑
0
❑
❑
Is access to the plant site restricted to the general public?
®
❑
❑
❑
Is the inspector granted access to all areas for inspection?
M
❑
❑
❑
Comment: The permit expires on July 31, 2019.
The facillity has been changed to a -general permit. The old permit number was NIC0051918.
Record Keeping
Yes No NA NE
Are records kept and maintained as required by the permit?
M
❑
❑
❑
Is all required information readily available, complete and current?
❑
0
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
0
❑
❑
❑
Is the chain -of -custody complete?
0
❑
❑
❑
Dates, times and location of sampling
❑
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
M
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
❑
❑
M
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator
❑
❑
M
❑
on each shift?
Is the ORC visitation log available and current?
0
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
M
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
M
❑
❑
❑
Is a copy of the current NPDES permit available on site?
M
❑
❑
❑
Facility has copy of previous year's Annual Report on file for review?
❑
❑
0
❑
Comment: DMRs chain -of -custody's (COCs), and calibration logs from June 2017 through
February
2018 were reviewed for the inspection. At the time of the inspection it was determined that
COCs do not include the name of individual relinquishing the samples.
Laboratory
Yes No NA NE
Page# 3

4
Permit: NCG590004 Owner - Facility: Cleveland County WTP
Inspection Date: 04/10/2018 Inspection Type: Compliance Evaluation
Laboratory
Yes No NA NE
Are field parameters performed by certified personnel or laboratory?
M
❑
❑
❑
Are all other parameters(excluding field parameters) performed by a certified lab?
0
❑
❑
❑
# Is the facility using a contract lab?
M
❑
❑
❑
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
M
❑
❑
❑
Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
❑
❑
0
❑
Incubator (BOD) set to 20.0 degrees Celsius +/-1.0 degrees?
❑
❑
0
❑
Comment: The permittee performs on -site analysis of PH and total residual chlorine (TRC) under field
laboratory certification #5381. Clear Water Laboratories has been contracted for any other
sampling data.
Effluent Sampling
Yes No NA NE
Is composite sampling flow proportional?
❑
❑
M
❑
Is sample collected below all treatment units?
M
❑
❑
❑
Is proper volume collected?
M
❑
❑
❑
Is the tubing clean?
❑
❑
M
❑
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
0
❑
❑
❑
Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type
❑
0
❑
❑
representative)?
Comment: The subiect permit requires annual acute toxicitv 24-hour composite sample and grab
samples. At the time of the inspection it was discovered the facility has failed to conduct
composite sampling, and does not have the proper equipment to conduct such sampling.
ORC was instructed on how to perform proper composite sampling.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable M ❑ ❑ ❑
Solids, pH, DO; Sludge Judge, and other that are applicable?
Comment: At the time of the inspection the facility appeared to be well maintained
Lagoons Yes No NA NE
Type of lagoons?
# Number of lagoons in operation at time of visit? 2
Are lagoons operated in? Parallel
# Is a re -circulation line present? ❑ ❑ M ❑
Is lagoon free of excessive floating materials? M ❑ ❑ ❑
Page# 4

Permit: NCG590004 Owner - Facility: Cleveland County WTP
Inspection Date: 04110/2018 Inspection Type: Compliance Evaluation
Lagoons Yes No NA NE
# Are baffles between ponds or effluent baffles adjustable?
Are dike slopes clear of woody vegetation?
Are weeds controlled around the edge of the lagoon?
Are dikes free of seepage?
Are dikes free of erosion?
Are dikes free of burrowing animals?
# Has the sludge blanket in the lagoon (s) been measured periodically in multiple
locations?
# If excessive algae is present, has barley straw been used to help control the growth?
Is the lagoon surface free of weeds?
Is the lagoon free of short circuiting?
Comment: Sludge has been pumped for disposal in 2017. Sludge is pumped every 3 years.
De -chlorination
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Are the tablets the proper size and type?
❑ ❑ ■ ❑
■ ❑ ❑ ❑
❑ ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
■ ❑ ❑ ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
Yes No NA NE
Liquid
❑ ❑ ❑ ■
❑ ❑ ❑
❑ ❑ ❑ ■
❑ ❑ M ❑
Comment: Permittee was using liquid sodium thiosulfite at the time of the inspection. Process control
sampling is used to adjust dechlorination feed.
Are tablet de -chlorinators operational? ❑ ❑ M ❑
Number of tubes in use?
Comment:
Flow Measurement - Effluent
Yes No NA NE
# Is flow meter used for reporting?
❑
❑
E
❑
Is flow meter calibrated annually?
❑
❑
0
❑
Is the flow meter operational?
❑
❑
0
❑
(If units are separated) Does the chart recorder match the flow meter?
❑
❑
M
❑
Comment: Effluent Flow estimates are based on pump run time. Anew flow meter was recently
purchased and should be installed in the next couple of weeks.
Effluent Pipe
Yes No NA NE
Page# 5

Permit: NCG590004 Owner - Facility:
Cleveland County WTP
'
Inspection Date: 04/10/2018 Inspection Type:
Compliance Evaluation
Effluent Pipe
Yes No NA NE
Is right of way to the outfall properly maintained?
0
❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
■
❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
❑
❑
0
❑
Comment: At the time of the inspection the effluent was clear.
Page# 6

EEi^CEIVE©/N C®ENRIDWR
APR 2 5 Z0118
WQROS
MOORESVILLE REGIONAL OFFICE
Mr. Basinger, 4-19-18
We had received our letter regarding our NOV from the state from the inspection that Mr. Tuvia
conducted. We understand the NOV and wanted to respond within the 15 days allotted. Regarding the
Chain- of- Custody violation we have made all operators aware that their signature will be needed on it
and this problem should be taken care of. Secondly, regarding the composite sampling we are currently
in the process of purchasing a portable composite sampler that will be used when we do the test in
October. If you have any further questions or concerns please don't hesitate to contact me.
Rondall Roper, ORC

WATER POLLUTION CONTROL SYSTEM OPERATOR DESIGNATION F(:Y9VfV(WR6E((T"
NCAC 15A 8G .0201 J UN
Press TAB to enter information
Permittee Owner/Officer Name: �wd G11
Mailing Address: Po A's
City: k;Wiyio le State: 11ye
Email Address:
Signature:
Facility Name: CleWa-A ewl l lWaAr
County:
WOROS
)RESVILLE REGIONAL OFFICE
Phone: Toy S 3L * 3 3
Zip: -% �0
Date:
Permit # /vct� 45�%o7
YOU MUST SUBMIT A SEPARATE FORM FOR EACH TYPE AND CLASSIFICATION OF SYSTEM:
Facility Type: Select S',G l2.Mi
Facility Grade: Select
OPERATOR IN RESPONSIBLE CHARGE (ORC)
Print Full Name: Work Phone:
Certificate Type: Select
Email Address:
Signature:
Certificate Grade: Select Certificate #:
Effective Date:
"I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the
rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission."
BACKUP ORC
Print Full Name: C;6 lray d ai/r`d / o AC4 Work Phone:70zl-i3e f0,33
Certificate Type: SelectA{/5, ��('� �,,, �CertificateGrade: Select Certificate /00Z1605
Email Address: a��r��fClCva✓IGv�)�.H.�,tI(,7a�tJ',
Signature: Effective Date: bo —11Q —I
"1 certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by
the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission."
Mail, fax or email WPCSOCC, 1618 Mail Service Center, Fax: [phone] Email: r_e; tadrti ? l cdrnr. ;c•:
ORIGINAL to: Raleigh, NC 27699-1618
Mail or Fax Asheville
a COPY to: 2090 US Hwy 70
Swannanoa, NC 28778
Fax: [phone]
Phone: [phone]
Washington
943 Washington Sq. Mall
Washington, NC 27889
Fax: [phone]
Phone: [phone]
Fayetteville
225 Green St., Suite 714
Fayetteville, NC 28301-5043
Fax: [phone]
Phone: [phone]
Wilmington
127 Cardinal Dr.
Wilmington, NC 28405-2845
Fax: [phone]
Phone: [phone]
Mooresville
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Fax:[phone]
Phone:[phone]
Winston-Salem
45 W. Hanes Mall Rd.
Winston-Salem, NC 27105
Fax: [phone]
Phone: [phone]
Raleigh
3800 Barrett Dr.
Raleigh, NC 27609
Fax: [phone]
Phone: [phone]
Revised 412016

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RrCR4rECH LARNinc.
POST OFFICE BOX 1056 • 05 PINEWOOD PLAZA DR.
GRANITE FALLS, NORTH CAROUNA 28630
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TOTAL RESIDUAL CHLORINE METER CALIBRATION REPORT
Total Chlorine Residual
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Water Resources
ENVIRONMENTAL QUALITY
September 2, 2016
Mr. Rondall Roper
Cleveland County WTP
P.O Box 788
Lawndale, NC 28090
a PAT�MCCRORY
b' `'� Governor
L
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Notice of Deficiency
Compliance Evaluation Inspection
NOD-2016-PC-0406
Cleveland County WTP
NPDES Permit No: NCG590004
Cleveland County
Dear Mr. Roper:
Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted
at the subject facility on August 31, 2016 by Ori Tuvia. Your cooperation during the site visit
was much appreciated. Please advise the staff involved with this NPDES Permit by forwarding a
copy of the enclosed report.
The following areas of concern were observed during the inspection:
1) At the time of the inspection the effluent pipe was broken.
2)' COCs do not include the name of individual performing the sampling.
3) ORC has not been keeping an OR. log.
4) September 2015 DMR was missing Turbidity monitoring.
The report should be self-explanatory; however, should you have any questions
concerning this'report, please do not hesitate to contact Ori Tuvia at [phone], or at
[e-mail].
Sincerely,
W. Corey Basinger
Regional Supervisor
Mooresville Regional Office
Division of Water Resources
cc: NPDES (Unit),
NIRO files
Mooresville Regional office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet. www.ncwaterqualq.org

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 20404057
Water Compliance Inspection Report
Approval explres.e-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1, IN i 2 15 I 3 1 NCG590004 I11 12 1 16/08/3i J17 18 ICI 19 I G I 20LJ
2111 1 1 1 1 1 1 1 1 11 1 11 1 1 I I I I'I I I I I I'I I I I I I I III 111 1 1 f6
I
'Inspection
Work Days, Facility.Self-Monitoring Evaluation Rating B1 QA Reserved
67
1.0 701, 1 71 72 �N 73 I 74 751
L—I -I I I I I
80
Section B: Facility Data
Name and.Location, of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
09:45AM 16/08/31
15/02/01
Cleveland County WTP
435 Casar-Lawndale Rd
Exit Time/Date
Permit Expiration Date .
Lawndale NC 28090
11:50AM 16/08/31
19/07/31
Name(s) of Onsite Representative(s)fritles(s)/Phone and Fax Number(s)
Other Facility Data
Rondall A Roper/f7O4-538-9033 /
Rondall A Roper/ORC/704-538-9033/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Rondall A Roper,PO Box 327 Fallston NC 28042004-538-9033/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review EfFluent/Receiving Waters
Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Od A Tuvia MRO WC1004-663-1699/ '
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
i
W. Corey Basinger MRO WQ//704-235-2194/
EPA Form 3560-3 (Rev 9-94).Previous editions are obsolete.
Z 'Sue �
Page#

NPDES yr/mo/day Inspection Type 1
31 NCG590004 I11 12 16/08/31 17 181,1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Page# 2

Permit: NCG590004 Owner -Facility: Cleveland County 1NTP
Inspection Date: 08/31/2016 Inspection Type: Compliance Evaluation
-
Permit
Yes No NA NE
If the present permit expires in 6 months or less). Has the permittee submitted a new
❑
❑
M
❑
application?
Is the facility as described in the permit?
❑
❑
❑
# Are there any special Conditions for the permit?
❑
❑
❑
Is access to the plant site restricted to the general public?
0
❑
❑
❑
Is the inspector granted access to all areas for inspection?
❑
❑
. ❑
Comment: The permit expires on July, 31, 2019.,
The facillity has been downgraded into a genral permit. The old permit number was
NC0051918.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment: At the time of the inspection the effluent pipe was broken.
Record Keeping
Yes No NA NE
Are records kept and maintained as required by the permit?
❑
E
❑
❑
Is all required information readily available, complete and current?
0
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
M
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
0
❑
❑
❑
Is the chain -of -custody complete?
M❑
❑
❑
Dates, times and location of sampling
■
.
Name of individual performing the sampling
❑
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
0
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
❑
❑
E
❑
(if the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator
❑
❑
0
❑
on each shift?
Is the ORC visitation log available and current?
❑
❑.
❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?.
M
❑
❑
❑
Page#
3

Permit: NCG590004 Owner - Facility: Cleveland County WTP
Inspection Date: 08/31/2016 Inspection Type: Compliance Evaluation
Record Keeping
Yes No NA NE
Is a copy of the current NPDES permit available on site?
M
❑
❑
❑
Facility has copy of previous year's Annual Report on file for review?
❑
❑
Comment: DMRs chain -of -custody's (COCs), and calibration logs from March 2015 through April 2016
were reviewed for the inspection. The following violations were noted during the review:
1) COCs do not include the name of individual performing the sampling
2) ORC has not been keeping an ORC log.
3) September 2015 DMR iss missing Turbidity monitoring. The sampling result was found
on the COC and the ORC was instructed to resend the DMR.
Laboratory
Yes No NA NE
Are field parameters performed by certified personnel or laboratory?
M
❑
❑
❑
Are all other parameters(excluding field parameters) performed by a certified lab?
0
❑
❑
❑
# Is the facility using a contract lab?
M,
❑
❑
❑
# Is proper temperature set for sample storage (kept at less than or equal.to 6.0 degrees
M
. ❑
❑
❑
Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
❑
.❑
0
❑
Incubator (BOD) set to 20.0 degrees Celsius +/-1.0 degrees? .
❑
❑
0
❑
Comment: The permittee performs on -site analysis of pH and total residual chlorine (TRC)
under field
laboratory certification #5381. Clear Water Laboratories has been contracted for any other
sampling data.
Lagoons
Yes No NA NE
Type of lagoons?
# Number of lagoons in operation at time of visit?
2
Are lagoons operated in?
Parallel
# Is a re -circulation line present?
❑
❑
❑
Is lagoon free of excessive floating materials?
0
❑
❑
❑
# Are baffles between ponds or effluent baffles adjustable?
❑
❑
❑"
Are dike slopes clear of woody vegetation?
❑
❑
❑
Are weeds controlled around the edge of the lagoon?
❑
❑
❑
'Are dikes free of seepage?
0
❑
❑
❑
Are dikes free of erosion?
0
❑
❑
' ❑
Are dikes free of burrowing animals?
M
❑
1-1
❑
# Has the sludge blanket in the lagoon (s) been measured periodically in multiple
❑
❑
M
❑
location s?
# If excessive algae is present, has barley straw been used to help control the growth?
❑
❑
0
❑
Page# 4

Permit: NCG590004 Owner -Facility: Cleveland CountywrP
Inspection Date: 08/31/2016 Inspection Type: Compliance Evaluation
Lagoons Yes No NA NE
Is the lagoon surface free of weeds? 0 ❑ ❑ ❑
Is the lagoon free of short circuiting? 0 ❑ ❑ ❑
Comment: No Sludqe has been pumped for dislDOsal since the previous inspection that was conducted
on August 2013.
De -chlorination
Yes No NA NE
Type of system ?
Liquid
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑
❑
❑
Is storage appropriate for cylinders?
❑
❑
0
❑
# Is de -chlorination substance stored away from chlorine containers?
❑
❑
0
❑
Are the tablets the proper size and type?
❑
❑
M
❑
Comment: Permittee was using liquid sodium thiosulfite at the time of the inspection. Process control
sampling is used to adjust dechlorination feed.
Are tablet de -chlorinators operational? ❑ ❑ M ❑
Number of tubes in use?
Comment:
Flow Measurement - Effluent
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment: Effluent Flow estimates are based on pump run time.
Effluent Sampling
Is composite sampling flow proportional?
Is'sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type
representative)?
Comment: Permit requires grab samples.
1'"Movil,"T U =■
❑ ❑ ❑
❑ "❑ M ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
Yes No NA NE
❑ ❑ ■ ❑
M ❑ ❑ ❑
❑ ❑ ■ ❑
❑ ❑ ❑
❑ ❑ ❑
Page# 5'

Y
Cleveland County (NTP
r
Permit: NCG590004 Owner -Facility:
Inspection Date: 08/31/2016 Inspection Type: Compliance Evaluation
Effluent Pipe
Yes No NA NE .
Is right of wayto the outfall properly maintained?M
❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
M
❑
❑
❑
If effluent (diffuserpipes are required) are they operating properly?
❑
❑
M
❑
Comment: At the time of the inspection the effluent pipe was broken.

Water Resources
ENVIRONMENTAL QUALITY
July 18, 2016
CERTIFIED MAIL 7009 2250 0000 8087 1146
RETURN RECEIPT REQUESTED
Mr. Rondall A. Roper, Jr.
Cleveland County Water
P.O. Box 788
Lawndale, NC, 28090
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelary
S. JAY ZIMMERMAN
RECEIVEDlNCDENRIGWR Director
JUL t '' 2016
VVC-IRos
N1C01-ZESVIL1-=- PNEGIOHAL OFFICE
Subject: Notice of Violation NOV-2016-PC-0272
Failure to Submit Electronic Discharge Monitoring Reports (eDMRs)
Cleveland County WTP
NPDES Permit NCG590004
Cleveland County
Dear Mr. Roper:
Per the terms of your NPDES permit, you were required to register for, and begin using, the eDMR system
by 10/29/2015. Our records indicate that as of the date of this letter, the subject facility has registered, but is
not submitting data electronically.
Failure to begin submitting reports electronically is a violation of the terms of your permit, subjecting you to
a possible assessment of civil penalties. In order to reduce the risk of receiving additional enforcement
action, you must complete your registration and submit your July 2016 DMR electronically on or before
August 31, 2016.
The Division has prepared a website devoted to all aspects of eDMR, including registration for its use,
obtaining an eDMR user account, and answers to frequently asked questions. You are encouraged to visit the
website at: http://deg.ne.aov/about/divisions/water-resources/edmr. Should you have further questions
regarding eDMR after reviewing the website's content, or have need of further assistance, you should contact
Derek Denard at 919-807-6307 or [e-mail].
Thank you for your cooperation in this matter.
c ely,
2L %
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: NPDES File
Central Files
d'✓1��:+ . �eg�xoona LK, 5
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

CMRF�L.E�i
North Carolina Department of Environment and Natural Resources ,
Pat McCrory John E. Skvarla, III
Governor Secretary
May 7, 2014
CERTIFIED MAIL #7010 0290 0000 4565 2247
RETURN RECEIPT REQUESTED
Mr. Clvde 'Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking #: NOV-2014-LV-0221
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. Smith,
A review of the December 2013 self -monitoring report for the subject facility revealed violations of the
following parameters at Outfall 002:
Date
Parameter.
Reported Value
Permit Limit
12/4/13
Total suspended solids
66.0 mg/L
45.0 mg/L (Daily maximum)
12/31/13
Total suspended solids
50.5 mg/L
30.0 mg/L (Monthly average)
A Notice of Violation and Notice of Recommendation for Enforcement (NOWNRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.
NC0051918. 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 violations, request technical
assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this
-- Notice. A -review -of -your response -will -be considered-along-with-an-y-information provided -on -the :.-
December 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that
may be assessed regarding these violations. If no response is received in this Office within the 10-
day period, a civil penalty assessment may be prepared.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704)'663-16991 Fax: [phone] Customer Service:1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
_ �___, .,___�.._e..., n�c___.:.._ n_.:_., r..,—,.,. •... nnoi o.,,,....:.,a;�not D...4 !'....e��... •.. ..nnnr

NOV-2d14-LV-0221, Page 2
the Division of Water Resources i
violations. If the violations are of a
problems, and you anticipate rem(
for a Special Order by Consent.
iay pursue enforcement actions for this and any additional
continuing nature, not related to operation and/or maintenance
dial construction activities, then you may wish to consider applying
If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or
myself at [phone].
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional. Operations Section
Division of Water Resources, NCDENR
cc: Wastewater Branch
MSC 1617 — Central Files
MA

AJ
NCDENBt
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
September 4, 2013
Mr. CJdTSMfth-,-Jf�-,Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subject: Compliance Evaluation Inspection
Cleveland County Sanitary District WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. Smith:
John E. Skvarla, III
Secretary
Enclosed please find a copy of the Compliance Evaluation Inspection report for the inspection
conducted at the subject facility on August 15, 2013, by Ms. Marcia Allocco of this office. Please
inform the facility's Operator in Responsible Charge of our findings by forwarding a copy of the
enclosed report.
Thank you for your continued cooperation with the Division of Water Resources and your efforts to
comply with the requirements of your permit. This report should be self-explanatory; however, should
you have any questions concerning the report, please do not hesitate to contact Ms. Allocco at (704)
235-2204 or [e-mail].
Sincerely,
-OOY' Michael L. Parker
Regional Supervisor
Water Quality Programs
cc: Point Source Branch
Cleveland County Health Department
MA
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Intemet: http://portal.ncdenr.org/web/wq
One
NorthCarolina
An Equal Opportunity 1 Amrmafive Action Employer - 30% Recycled110% PosI Consumer paper

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliqnre Inspection Rppn[t
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES . yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I 51 31 NC0051918 111 121 13/08/15 117 181 C I 19I S I 20I II
Remarks
2111111111111111111111 1111 1'111 IIII IIII 111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --------- -- Reserved------- ---
67 I 1.0 169 70131 711 NJ 721 N I 73I 174 751 I I I I I I 180
WI
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
09:12 AM 13/08/15
08/10/01
Cleveland County WTP
Exit Time/Date
Permit Expiration Date
435 Casar-Lawndale Rd
Lawndale NC 28090
11:45 AM 13/08/15
13/08/31
Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
///
Rondall A Roper/ORC/704-538-9033/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance ■ Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Marcia Allocco MRO WQ//704-663-1699 Ext.2204/ C� I ! j
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

Page # 2

Permit: NCO051918 Owner - Facility: Cleveland County WTP
Inspection Date: 08/15/2013 Inspection Type: Compliance Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
■ n n n
Is the facility as described in the permit?
n ■ n n
# Are there any special conditions for the permit?
n ■ n n
Is access to the plant site restricted to the general public?
■ n n n
Is the inspector granted access to all areas for inspection?
■ n n n
Comment: The permit expires on August 31, 2013; a detailed permit renewal
application was received by the Division on June 17, 2013. Please continue to operate
under the expired permit until it is reissued. The raw water storage pond was converted
to an alum storage pond in 2011. Please ensure that the facility description reflects this
change in the draft permit you receive; please provide comments to your permit writer if
the draft permit is inaccurate.
Operations & Maintenance
Yes No NA NE
Is the plant generally clean with acceptable housekeeping?
■ n n ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n
Judge, and other that are applicable?
Comment: The facility appeared well maintained and operated at the time of the
inspection.
Record Keeping
Yes No NA NE
Are records kept and maintained as required by the permit?
■
n
n
n
Is all required information readily available, complete and current?
n
■
n
n
Are all records maintained for 3 years (lab. reg. required 5 years)?
n
■
n
n
Are analytical results consistent with data reported on DMRs?
■
n
n
n
Is the chain -of -custody complete?
■
o
n
n
Dates, times and location of sampling
■
Name of individual performing the sampling
■
Results of analysis and calibration
■
Dates of analysis
■
Name of person performing analyses
■
Transported COCs
■
Are DMRs complete: do they include all permit parameters?
n
■
n
n
Has the facility submitted its annual compliance report to users and DWQ?
n
n
■
n
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
n
n
■
n
Page # 3

Permit: NCO051918
Inspection Date: 08/15/2013
Record Keeping
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility classification?
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Comment: Personnel changes (new ORC) occurred shortly before the inspection;
newly designated staff was very accommodating to the inspector's records requests.
Please retain sludge disposal records and flow meter calibration records with other
NPDES records (available for review during future inspections). An updated list of
parameter reporting codes was provided during the inspection; please use the noted
codes on future DMR submissions. Please contact the inspector with any questions.
The permittee had not noted the status of the toxicity testing on the corresponding DMR;
please ensure P or F is noted as appropriate.
DMRs from July 2012 through July 2013 were reviewed for the inspection. The
following violations were noted during the review:
Oct. 2012 — DMR non -submittal. Required sampling was completed (verified during the
inspection) but DMR was not submitted; this violation was handled under separate
cover.
Dec. 2012 — DMR non -submittal. December 2012 DMR was provided during the
inspection.
Laboratory
Are field parameters performed by certified personnel or laboratory?
Are all other parameters(excluding field parameters) performed by a certified lab?
# Is the facility using a contract lab?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
Yes No NA NE
■ n n n
00011
■nnn
■ n n n
nn■n
Yes No NA NE
■nnn
■ n n n
■nnn
■nnn
n n ■ n
nn■n
Page # 4

Permit: NCO051918 Owner - Facility: Cleveland County WTP
Inspection Date: 08/15/2013 Inspection Type: Compliance Evaluation
Laboratory Yes No NA NE
Comment: The permittee performs on -site analysis of pH and total residual chlorine
(TRC) under field laboratory certification #5381. All other analyses are performed by
Pace Laboratories (Huntersville) under laboratory certification #12. New staff have
taken over responsibilities under the permit and were unsure when the TRC meter was
last calibrated; will have meter calibrated (5-point curve) by Pace Laboratories in early
September. TRC gel standard will be checked at that time. Please ensure that you are
not reporting values below the lowest standard verified on the curve (report < values).
Mr. Chet Whiting with DWR Laboratory certification was contacted after the inspection
and asked to provide technical assistance for the field laboratory certification held by the
permittee since DWR had an outdated contact.
Lagoons
Yes
No
NA
NE
Type of lagoons?
# Number of lagoons in operation at time of visit?
2
Are lagoons operated in?
Parallel
# Is a re -circulation line present?
n
n
■
n
Is lagoon free of excessive floating materials?
■
n
n
fl
# Are baffles between ponds or effluent baffles adjustable?
n
n
■
n
Are dike slopes clear of woody vegetation?
■
n
n
n
Are weeds controlled around the edge of the lagoon?
■
n
n
n
Are dikes free of seepage?
■
n
n
n
Are dikes free of erosion?
■
n
n
n
Are dikes free of burrowing animals?
■
n
n
n
# Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations?
n
n
■
# If excessive algae is present, has barley straw been used to help control the growth?
n
❑
■
n
Is the lagoon surface free of weeds?
■
n
n
n
Is the lagoon free of short circuiting?
■
n
n
n
Comment: A second settling lagoon was added in 2011 (conversion of raw water
storage pond) and sludge has not been removed by Bionomics in over a year.
Residuals are dewatered and taken to the county landfill for disposal. Water in lagoons
was clear with no, floating solids. Please retain any documentation regarding disposal
that is issued by county landfill staff and have it available for review during future
inspections; these records should be retained for a minimum of 5 years.
De -chlorination Yes No NA NE
Page # 5

Permit: NC0051918 Owner - Facility: Cleveland County WTP
Inspection Date: 08/15/2013 Inspection Type: Compliance Evaluation
De -chlorination
Yes
No
NA
NE
Type of system ?
Liquid
Is the feed ratio proportional to chlorine amount (1 to 1)?
n
n
n
■
Is storage appropriate for cylinders?
n
❑
■
# Is de -chlorination substance stored away from chlorine containers?
❑
❑
00
Are the tablets the proper size and type?
❑
❑
■
n
Comment: Permittee was using liquid sodium bisulfite at the time of the inspection.
Plan to change to sodium thiosulfite in near future. Process control sampling is used to
adjust dechlorination feed.
Are tablet de -chlorinators operational? n ❑ ■ n
Number of tubes in use?
Comment:
Flow Measurement - Effluent Yes No NA NE
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment: Flow meter located on effluent outfall is not operational. Permittee uses
process flow meters (produced water) to determine flow discharged through effluent
pipe. IS[, Inc. calibrates the flow meters. Please ensure calibration records are
available for future inspections.
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
Comment: Permit requires grab samples.
■nnn
■ n n n
■-nnn
nn■n
Yes No NA NE
Page # 6

Aja
NG®ENR
North Carolina Department of Environment and. Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
February 12, 2013
CERTIFIED MAIL 7010 2780 0003 4825 5802
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Water System
P.O. Box 788
Lawndale, NC 28090
SUBJECT: NOTICE OF VIOLATION: NOV-2013-LR 0009
Cleveland County WTP
NPDES Permit Number NCO051918
Cleveland County
Dear Mr. 011is:
John E. Skvarla, III
Secretary
i�ECEIVr: El
DIVISIOIN OF LkATER QUALITY
FEB 18 2013
'OFFICE
This is to inform you that the Division of Water Quality has not received your discharge monitoring reports
(DMRs) for October and November 2012. Water quality regulations require that monthly monitoring reports
shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to
submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per
violation.
To prevent further action, please submit the reports to the Division's Central Files office at the letterhead
address within 15 days or notify this office as to any problem preventing their timely receipt. You will be
considered noncompliant with the self -monitoring requirements of your NPDES permit until the reports have
been submitted. Additional action, including the assessment of civil penalties, may be taken if the reports are
not submitted within the time frame specified above. r
This letter additionally provides notice that this office will recommend the assessment of civil penalties if future
reports are not received within the required time frame during the next twelve (12) reporting months. The
Division must take these steps because timely submittal of discharge monitoring reports is essential to the
efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any
questions about this letter or discharge monitoring reports, please contact Bob Sledge at [phone] or via
e-mail at [e-mail].
Sincerely,
John E. Hennessy, Supervisor
Compliance & Expedited Permits Unit
cc: NPDES Enforcement File
ia�rr'esvi"Wl1�e Re 'ana9 t'�Ff�r
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NofthCar'0hna
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

Ai gym
®®��
' ® N
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 15, 2011
LANNY B OLLIS
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2011-0271
Cleveland County
Dear Clyde Smith, Jr:
Dee Freeman
Secretary
DIVISION! RECEIVED IVATER QUALITY
NOV 2 1 2011
MOORESVILLE REGIONAL OFFICE
This letter is to acknowledge receipt of check number 48639. in --the amount of $487.78 received from -you dated -
November-4, 2011. This payment satisfies in full the above civil assessment 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 Statutes, Regulations;: or Permits.
If you have any questions, please call Robert L Sledge at 9.19-807-639.8.
cc: Central Files
�D'T.112 oorevfl1le Regional (Jffie - Supervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One 1 t'
Phone: [phone] i FAX: [phone] Customer Service: 1-877-60-6748 Nol'th Carolina
Internet: wnNi.ncwaterquality.org Naturally
An Equal Opportunity \ Affirmative Action Employer

IWIA
....-� 4 AA
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 31, 2011
CERTIFIED MAIL 7010 2780 0003 14618655
RETURN RECEIPT REQUESTED
Mr._ Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Dear Mr. Smith, Jr.:
FILE,, r
Natural Resources
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Case No. LV-2011-0271
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$487.78 ($350.00 civil penalty + $137.78 enforcement costs) against the Cleveland County Sanitary
District.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for June 2011. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0051918. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary
District violated the terms, conditions, or requirements of NPDES Permit No. NCO051918 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the Cleveland
County Sanitary District:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] l Fax: [phone] l Customer Service: 1-877-623-6748
Internet: http://pogal.ncdenr.org/web/wq
NoithCarolina
Naturallrf
An Equal Opportunity', Affirmative Action Employer— 30% Recycled110% Post Consumer paper

$ 100.00
For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids (TSS).
$ 250.00
For 1 of the one (1) violation of G.S. 143 -215. 1 (a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
$ 350.00
$ 137.78
$ 487.78
TOTAL CIVIL PENALTY
Enforcement costs.
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. I (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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
N'
2. Submit a written request for remission 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 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 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 G.S. 143B-282. 1 (b) were
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 information presented in support of your request for remission must be
submitted in writing. The Director 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 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 "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
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
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:
Mary Penny Thompson, General Counsel of DENR
1601 Mail Service Center
Raleigh, NC 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 notice, 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 the violations are of a continuing nature, not related to operation
and/or maintenance problems, and you anticipate remedial construction activities then you maywish
to consider applying for a Special Order by Consent. If you have any questions about this civil penalty
assessment or a Special Order by Consent please contact the Water Quality Section staff of the
Mooresville Regional Office at [phone].
(Date)
ATTACHMENTS
Robert B. Krebs, Regional Supervisor
Surface Water Protection - Division of Water Quality
Mooresville Regional Office
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rk/ma

r -.
ATTACHMENT A
CASE NO. LV-2011-0271
Outfall Date Parameter Reported Value Permit Limit
002 6/1/11 TSS 133.0 mg/L 45.0 mg//L (Daily maximum)
002 6/30/11 TSS 68.2 mg/L 3 0. 0 mg/ L (Monthly average)
The Cleveland County Sanitary District did not provide a response to NOV-2011-LV-
0455 dated September 23, 2011. Mitigating factors were not found on the June 2011
DMR to result in a reduced civil penalty.

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTY AGAINST )
CLEVELAND COUNTY SANITARY )
DISTRICT )
PERMIT NO. NCO051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2011-0271
Having been assessed civil penalties totaling $487.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated October 31, 2011, the undersigned,
desiring to seek remission of the civil penalties, 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 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
BY
ADDRESS
TELEPHONE
2011

r -.
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0271
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NCO051918
Amount Assessed: $487.78
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. Tlease 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: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QIUALITY
ASSESSMENT FACTORS
Violator:
Cleveland County Sanitary District
Facility:
Cleveland County Sanitary District WTP
County:
Cleveland
Case Number:
LV-2011-0271
Permit Number:
NC0051918
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;
No environmental harm has been documented as instream monitoring is not required.
2) The duration and gravity of the violation;
The TSS concentration of 133.0 mg/L on June 1st exceeded the daily maximum permit limit of 45.0
mg/L by 195.6%. The other sampling event in June was compliant. However, the elevated TSS
result resulted in a monthly average TSS concentration of 68.2 mg/L (noted as 0.0 mg/L on the
DMR), which exceeded the permit limit of 30.0 mg/L by 127.3%.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as instream monitoring is not required by NC0051918.
However, the temperature water is expected to increase, the oxygen levels are expected to decrease
as a results of the increased solids. In addition, the solids could smother aquatic organisms and fish
eggs, as well as clog fish gills.
4) The cost of rectifying the damage - No damage has been documented.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown as the cause of the violations was not noted on the DMR.
6) Whether the violation was committed willfully or intentionally;
The Division has no evidence that the violations were committed willfully or intentionally as the reason
for the violations is not noted on the DMR.
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 23 previous CPAs for the Cleveland County WTP during the life of the permit with
two CPAs issued in the past twelve months.
Case Number Description
LV-2011-0231 $487.78 for TSS limit violations. Penalty was paid in full.
LV-2011-0100 $285.06 for TRC limit violations. Penalty was paid in full.

8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $137.78.
Date Robert B. Krebs, Regional Supervisor
Surface Water Protection - Division of Water Quality
Mooresville Regional Office

MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 09/12/11 Page: 2 of 7
PERMIT: NCO032662 FACILITY: City of Claremont - North WWTP COUNIY:.Catawba REGION: Mooresville
Limit Violation \ c --_ -'-i \ /
-ORING OUTFALL/ ` VIOLATION UNIT OF ' CALCULATED \�
ORT PPI LO TION PARAMETER DATE FRE UENCY MEASURE LI IT VALUE % OVER'L'•IMI VIOLATION TYPE IOLATION ACTION
2011 001 E uent Flow, in cold it or thru 06/30/11 Continuous mgd 0. 0.1 T.47 Monthly Average Exceeded None
treatment plan
PERMIT: NCO020737 FACILITY: City oings Mountain - Pilot reek WWTP COUNTY: Cleve) nd REGION: Mooresville
Limit Violation
MONITORIN OUTFALL/ VIOLATION UNIT OF CALCULATED
REPORT PPI OCATION PARAMETER DATE FREQUENCY MEASURE I IT%i VALUE % OVER L IT VIOLATION TY VIOLATION ACTION
06 -201 001 ffluent pH 06/02/11 5 X week su 9v 10.7 18.89 Daily Maximum Exceeded None
PERMIT: NCO051918 FACILITY: Cleveland County Water - Cleveland County WTP
COUNTY: Cleveland
REGION: Mooresville
Limit Violation
i'�I _ = L 1- L _`S GJ, =�
i \'
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER DATE FREQUENCY
MEASURE
LIMIT VALUE; % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
06 -2011 002 Effluent
Solids, Total Suspended - 06/01/11 2 X month
mg/I
45 ' 133`-j 195.56
Daily Maximum Exceeded None 6
Concentration
06 -2011 002 Effluent
Solids, Total Suspended - 06/30/11 2 X month
mg/I
30\/ 68.2 127.33
Monthly Average Exceeded None
Concentration
q

VJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director secrPtary
November 10, 2011
CERTIFIED MAIL #7010 2780 0003 1461.8709
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking #: NOV-2011-LV-0553
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Smith:
A review of the August 2011 self -monitoring report for the subject facility revealed violations of the
following parameters at Outfall 002:
Date
Parameter
Reported Value
Permit Limit
8/3/11
TSS
78.0 mg/L
45.0 mg/L (Daily maximum)
8131/11
TSS
39.0 mg/L
30.0 mg/L (Monthly average)
A Notice of Violation. and Notice of Recommendation for Enforcement (NOWNRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.
NC0051918. 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 violations, request technical
assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this
Notice. A review of your response will be considered along with any information provided on the
August 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may
be assessed regarding these violations. If no response is received in this Office within the 10-
day period, a civil penalty assessment may be prepared.
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
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
One
NorthCarolina
An Equal Opportunity? Affirmative Action Employer - 30% Recycled110% Post Consumer paper

Mr. Clyde Smith, Jr., Cleveland County Sanitary District
NOV-201 1 -LV-0553, Page 2
November 10, 2011
anticipate remedial construction activities, then you may wish to consider applying for a Special Order
by Consent. You may contact Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at (704)
236-2204.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA -
r�a

McGM
A S S O C I A T E S
September 29, 2011
Mr. Mike Parker
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
610 East Center Avenue
Mooresville, North Carolina 28115
Dear Mike:
L?I1/i5luiu �;r tru': i ��� QUALITY
SEP 3 0 2011
Slh'P SECTION
MOORESViLLE REGIONAL OFFICE
RE: Alum Sludge Lagoon Conversion
Cleveland County Water
Water Treatment Plant
Cleveland County, North Carolina
This letter is a follow up to our recent telephone conversation regarding the above
referenced project. As we discussed, Cleveland County Water (CCW) has recently completed
construction on a new off -stream storage reservoir at their water treatment plant and desires to
convert an existing raw water storage pond to alum storage.
CCW intends to convert the existing raw water storage pond shown on the attached figure to
an alum sludge lagoon to supplement the existing sludge lagoon. This will provide the facility with
additional sludge storage and operational flexibility. No changes to their existing discharge permit
are proposed as part of this project.
Please review this proposal at your earliest convenience and respond to me with any
comments or concerns.
Sincerely,
McGILL ASSOCIATES, P.A.
MIC L T. DOWD, P
Project Manager
Attachment
cc: Butch Smith, Cleveland County Water
Britt Setzer, PWS-Mooresville Regional Office
Andrew Pitner, DWQ — Mooresville Regional Office
Keith Webb, PE, McGill Associates
/dowd/Ietters/ccw/mp29sep 11. doc
E n g i n e e r i n g • P l a n n i n g • F i n a n c e
McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801
828-252-0575 • Fax: [phone]

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NCDENR
FIL
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 2011
CERTIFIED MAIL #7010 2780 0003 1461 8914
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking #: NOV-2011-LV-0455
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Smith:
A review of the June 2011 self -monitoring report for the subject facility revealed violations of the
following parameters at Outfall 002:
Date
Parameter
Reported Value
Permit Limit
6/1/11
TSS
133.0 mg/L
45.0 mg/L (Daily maximum)
6/30/11
TSS
68.2 mg/L
30.0 mg/L (Monthly average)
A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.
NC0051918. 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 violations, request technical
assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this
Notice. A review of your response will be considered along with any information provided on the
June 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be
assessed regarding these violations. If no response is received in this Office within the 10-day
period, a civil penalty assessment may be prepared.
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
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: http://portal.ncdenr.org/weblwq
Noi thCarolina
Natural!✓
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled/10% Post Consumer paper

Mr. Clyde„;Smith; J,�-), Cleveland County Sanitary District
NOV-2011 � L�%=0455, Page 2
September 23, 2011
anticipate remedial construction activities, then you may wish to consider applying for a Special Order
by Consent. You may contact Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at (704)
235-2204.
Sincerely,
- Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 4, 2011
LANNY B OLLIS, ORC
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2011-0231
Cleveland County
Dear Mr. 011is:
p� PEo"JIvED
DIVISION. OF WATER. QUALITY
OCT U. 5 20;1
—6;04 SAL OFFICE
This letter is to acknowledge receipt of check number 48365 in the amount of $487.78 received from you dated
September 23, 2011. This payment satisfies in full the above civil assessment 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 Statutes, Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
cc: Central Files
IIWQ M:roresville Regional ()ffi,ce Supez v or
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone]M \ FAX: [phone] \ Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer Naturally

F�LL :44
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 15, 2011
CERTIFIED MAIL 7010 2780 0003 1461 8945
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Case No. LV-2011-0231
Dear Mr. Smith, Jr.:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$487.78 ($350.00 civil penalty + $137.78 enforcement costs) against the Cleveland County Sanitary
District.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for May 2011. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0051918. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary
District violated the terms, conditions, or requirements of NPDES Permit No. NCO051918 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the Town of
Spencer Mountain:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 �T�Ile
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 1V Ol th�c`1r01111a
Internet: http://portal.ncdenr.org/web/wq N oI//��/Oq /4 syrol 1
An F:--i n--h-4-I Affi..,..f;— A..6— C...A......, —01 n.. _.._i. a:n nn: n_... n_......"'-""- U B" B'i�aYILVRS111

$ 100.00 For 1 of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids (TSS).
$ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
$ 350.00 TOTAL CIVIL PENALTY
$ 137.78 Enforcement costs.
$ 487.78 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.I(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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
2. Submit a written request for remission including a detailed justification for such request:

V,
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 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 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 G.S. 143B-282.1(b) were
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 information presented in support of your request for remission must be
submitted in writing. The Director 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 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 "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
M
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
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:
Mary Penny Thompson, General Counsel of DENR
1601 Mail Service Center
Raleigh, NC 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 notice, 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 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 If you have any questions about this civil penalty
assessment or a Special Order by Consent, please contact the Water Quality Section staff of the
Mooresville Regional Office at [phone].
(Date) Robert B. Krebs, Regional Supervisor
Surface Water Protection - Division of Water Quality
Mooresville Regional Office
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rk/ma

V,
ATTACHMENT A
CASE NO. LV-2011-0231
Outfall Date Parameter Reported Valve Permit Limit
002 5/4/11 TSS 98.0 mg/L 45.0 mg//L (Daily maximum)
002 5/31/11 TSS 52.0 mg/L 30.0 mg/ L (Monthly average)
The Cleveland County Sanitary District did not provide a response to NOV-2011-LV-
0409 dated August 24, 2011. Mitigating factors were not found on the May 2011 DMR to
result in a reduced civil penalty amount.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMNISTRATIVE HEARING AND
CLEVELAND COUNTY SANITARY ) STIPULATION OF FACTS
DISTRICT
PERMIT NO. NCO051918
FILE NO. LV-2011-0231 .
Having been assessed civil penalties totaling $487.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated September 15, 2011, the undersigned,
desiring to seek remission of the civil penalties, 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 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 , 2011
BY
ADDRESS
TELEPHONE

V-
JUSTIFICATION FOR REMISSION REQUEST
D` Q Case Number: LV-2011-0231
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NCO051918
Amount Assessed: $487.78
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: (use additional pages as necessary)

1)
91,
3)
4)
5)
6)
7)
8)
NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator:
Cleveland County Sanitary District .
Facility:
Cleveland County Sanitary District WTP
County:
Cleveland
Case Number:
LV-2011-0231
Permit Number:
NCO051918
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;
No environmental harm has been documented as instream monitoring is not required.
The duration and gravity of the violation;
The TSS concentration of 98 mg/L on May 4th exceeded the daily maximum permit limit of 45.0 mg/L by
117.8%. The other sampling event in May was compliant. However, the elevated TSS result resulted in a
monthly average TSS concentration of 52.0 mg/L, which exceeded the permit limit of 30.0 mg/L by 73.3%.
The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as instream monitoring is not required by NCO01918. However,
the temperature water is expected to increase, the oxygen levels are expected to decrease as a results of the
increased solids. In addition, the solids could smother aquatic organisms and fish eggs, as well as clog fish
gills.
The cost of rectifying the damage - No damage has been documented.
The amount of money saved by noncompliance;
The amount of money saved is unknown as the cause of the violations was not noted on the DMR.
Whether the violation was committed willfully or intentionally;
The Division has no evidence that the violations were committed willfully or intentionally as the reason for the
violations is not noted on the DMR.
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 22 previous CPAs for the Cleveland County WTP during the life of the permit with one CPA
issued in the past twelve months (LV-2011-0100; $285.06).
The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $137.78.
ef-(tr t1
Date
Robert B. Krebs, Regional Supervisor
Surface Water Protection - Division of Water Quality
Mooresville Regional Office

MONITORING REPORT(MR) VIOLATIONS for:.
Permit % J= JMRs Between.. 5-2011 ;and-2011 Reglon: Mooresville Violation Categ
'Facility Name: % :' Param Name %, ; , County:af9 ,Subba
Major Minor: % ;
PERMIT: NCO081370 FACILITY: City of Claremont - McLin Creek WWTP
ReportDate: 08/15/11
Viola
Page: 2 of 8
COUNTY: Catawba REGION: Mooresville
Limit Violation
���! ^ otv l — �� -
fi.?�(U�7-� - 1^.e� �C e�'�( Y:i C ,`' "�, QLt'
'}�7 I�^nn c� �Zv}'✓ iC' I GCS-Q-�GQ.
MONITORING OUTFALL/
REPORT PPI
LOCATION PARAMETER
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMITf VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION
05 -2011 001
Effluent BOD, 5-Day (20 Deg. C) -
Concentration
05/07/11 Weekly mg/I 12 " 18 V/
50 Weekly Average Exceeded None
PERMIT: NCO086304 FACILITY: Catawba County Schools - Mill Creek Middle School COUNTY: Catawba REGION: Mooresville
Limit Violation �vV- � t L-v — �
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT/ VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION
05 -2011 001 Effluent Solids, Total Suspended - 05/03/11 2 X month mg/I 45, 63 40 Daily Maximum Exceeded None
Concentration
PERMIT: NCO051918 FACILITY: Cleveland County Water - Cleveland County WTP COUNTY: Cleveland REGION: Mooresville
Limit Violation's
MONITORING
OUTFALL /
REPORT
PPI LOCATION
PARAMETER
05 -2011
002 Effluent
Solids, Total Suspended -
Concentration
05 -2011
002 Effluent
Solids, Total Suspended -
Concentration
VIOLATION UNIT OF
DATE FREQUENCY MEASURE
05/04/11 2 X month mg/I
05/31/11 2 X month mg/I
CALCULATED
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
45 ��/
98 ✓ 117.78
Daily Maximum Exceeded None
30\/
52`/ 73.33
Monthly Average Exceeded None

MCDENR FILE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 24, 2011
CERTIFIED MAIL #7010 2780 0003 1461 8624
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking' #: NOV-2011-LV-0409
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Smith:
Dee Freeman
Secretary
A review of the May 2011 self -monitoring report for the subject facility revealed violations of the
following parameters at Outfall 002:
Date
Parameter
Reported Value
Permit Limit
5/4/11
TSS
98.0 mg/L
45.0 mg/L (Daily maximum)
5/31111
TSS
52.0 mg/L
30.0 mg/L (Monthly average)
A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.
NC0051918. 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 violations, request technical
assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this
Notice. A review of your response will be considered along with any information provided on the
May 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be
assessed regarding these violations. If no response is received in this Office within the 10-day
period, a civil penalty assessment may be prepared.
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
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: hUp://portal.ncdenr.orgiweblwq
One
NorthCarolina
An Equal Opportunity � Affirmative Action Employer - 30% Recycledll0% Post Consumer paper

Mr. Clyde!�Srnith, Jr ;Cleveland County Sanitary District
NOV-20j,j,7jV 0409 Page 2
August 24, 2011
anticipate remedial construction activities, then you may wish to consider applying for a Special Order
by Consent. You may contact Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at (704)
235-2204.
Sincerely,
- Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA

R
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 5, 2011
LANNY B OLLIS
CLEVELAND COUNTY WATER
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2011-0100
Cleveland County
Dear Mr. 011is:
Dee Freeman
Secretary
RECEIVED
DIVISION OF t i-k -i- ER QUALITY
MAY - 9 2011
SWIP OI_C T ION
MOORESVILLE REGIONAL OFFICE
This letter is to acknowledge receipt of check number 47386 in the amount of $285.06 received from you dated
April 29, 2011. This payment satisfies in full the above civil assessment 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 Statutes, Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
cc: Central Files
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: www.newaterquality.org
Nne
orthCarohna
An Equal Opportunity 1 Affirmative Action Employer

Beverly Eaves Perdue
Governor
FILE/
CE1
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 26, 2011
CERTIFIED MAIL 7010 0290 0000 4565 0250
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., Manager .
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NC0051918
Cleveland County WTP
Cleveland County
Case No. LV-2011-0100
Dear Mr. Smith:
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$285.06 ($200.00 civil penalty + $85.06 enforcement costs) against the Cleveland County Sanitary
District.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for January'2011. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0051918. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary
District violated the terms, conditions, or requirements of NPDES Permit No. NCO051918 and North
Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the Cleveland
County Sanitary District:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: http://portal.ncdenr.org/web/wq l
An Eoual Qcoortunity 1 Affirmative Action Emolover— 30% Recvcled,10% Post Consumer Paper Nah L ra" lil

$ 200.00 For 2 of the two (2) violation(s) of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total residual chlorine (TRC).
$ 200.00 TOTAL CIVIL PENALTY
$ 85.06 Enforcement costs.
$ 285.06 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 violations,
(2) The duration and gravity of the violations;
(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 violations were 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
m.
2. Submit a written request for remission 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 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 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 G.S. 143B-282.1(b) were
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 information presented in support of your request for remission must be
submitted in writing. The Director 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 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 "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 27699-1.617
M.
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
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:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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 notice, 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 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 If you have any questions about this civil penalty
assessment or a Special Order by Consent please contact the Water Quality Section staff of the
Mooresville Regional Office at [phone].
(Date)
ATTACHMENTS
I
Robert B. Krebs, Regional Supervisor
Mooresville Regional Office
Surface Water Protection Section
Division of Water Quality
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rk/ma

ATTACHMENT A
CASE NO. LV-2011-0100
Outfall
Date
Parameter
Reported Value
002
1/5/11
TRC
237 µg/L
002
1/19/11
TRC
463 µg/L
Permit Limit
28 µg/L (Daily maximum)
28 µg/L (Daily maximum)

STATE OF NORTH CAROLNA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CLEVELAND COUNTY SANITARY
DISTRICT
PERMIT NO. NCO051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMNISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2011-0100
Having been assessed civil penalties totaling $285.06 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 26, 2011, the undersigned, desiring
to seek remission of the civil penalties, 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 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
01��_'si
TELEPHONE
2011

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0100
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $285.06
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 Hearino 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: (use additional pages as necessary)

MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/14/11
Page: 2 of 11
PERMIT: NCO051918 FACILITY: Cleveland County Water - Cleveland County WTP COUNTY: Cleveland REGION: Mooresville
Limit Violation a,© I ( — 0 l '<D©
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT " PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE/ % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
01 -2011 002
Effluent Chlorine, Total Residual
01/05/11 2 X month
ug/I 28
237 tl 746.43
Daily Maximum Exceeded None %oo
I O�D
�
01 -2011 002
Effluent Chlorine, Total Residual
01/19/11 2 X month
ugll 28
463 VI" 1,553.57 '
Daily Maximum Exceeded None
Flog = Ci.� h-QC�1D
'Pr
PERMIT: NCO066397
FACILITY: Cleveland County Schools - Casar Elementary
School
COUNTY: Cleveland
a;c
REGION: Mooresville
/ Limit Violation
I
-
ONITORING
OUTFAL /
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATIO
PARAMETER
DATE
F EQUENCY
MEASURE
LIMIT
VALUE %
VER LIMIT
VIOLA ON TYPE
VIOLATION
1 -2011
001
Effluent
BOD, 5-Day (20 Deg. C) -
01/06/11
2 month
mg/I
15
15.6
4
Daily Maxi um Exceeded
None
Concentration
01 -2011
001
Effluent
Coliform, Fecal MF, M-FC
01/27/11
2 X onth
#/100ml
00
1,200
200
Daily Maxi um Exceeded
None
Broth,44.5C
01 - 011
001
Effluent
Nitrogen, Ammonia Total ( s
M1 - r.nnranfrnfinn
01/31/11
Monthl
mg/I
4
10.33
158.33
Monthly Av rage Exceeded
None
PERAI�IT: NC0004 12 FACI ITY: Pharr Yarns In - Pharr Yarns Indust ial WWTP COUNTY: Gaston` (REGION: Mooresville I
11 li
imit Violati n t l 1JI I :?2' I `'
MONITO ING OUTFAL ! VIOLATION UNIT OF CALCULATED
REPO T PPI LOCATION Pq I METER DATE FREQUE CY MEASURE LIMI VALUE % OVER LIMIT VIOLATION \YeE VIOLATION ACTION
01 011 001 Effluent Colnl�iformm,�Fecal MF, M-FC 01/20/11 Week l #/100m1 400 460� 15/ Daily Maximum Exceeded Norte

NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator:
Cleveland County Sanitary District
Facility:
Cleveland County WTP
County:
Cleveland
Case Number:
LV-2011-0100
Permit Number:
NCO051918
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;
No harm has been documented to the environment. Chorine is toxic to aquatic organisms in high
concentrations.
2) The duration and gravity of the violation;
The TRC concentrations of 237.0 µg/L and 463.0 µg/L on January 5th and 19th respectively
exceeded the daily maximum permit limit of 28.0 µg/L by 746.4% and 1,553.6% respectively.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Residual chlorine can be directly toxic as well as
reacting with organic matter in water to create disinfection by-products (trihalo methanes, haloacetic
acids, etc.), which are also toxic to both humans and aquatic organisms.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally. The permittee notes on the DMR that the "chemical feed line stopped up" but that "the
line is now unclogged." There is no indication however, of when the line clogged or when it was
unclogged.
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 21 previous CPAs for the Cleveland County WTP during the life of the permit with
one CPA issued in the past twelve months.
Case Number
Description
LV-2010-0149
$185.37 for TSS limit violations. Penalty was pad in full.

8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office was $85.06.
q he, 4,1
Date
Robert B. Krebs, Regional Supervisor
Surface Water Protection
Division of Water Quality

Ms. Marcia Allocco
Division of Water Quality
Mooresville Regional Office
610 Center Street Suite 301
Mooresville NC 28115
January28, 2011
Dear Ms. Allocco:
RECEIVED
DIVISION OF WATER QUALITY
FEB - 7 2011
SWP SECTION
MOORESVILLE REGIONAL OFFICE
Tracking #-NOV-2010-LV-0457
Cleveland County Water
NPDES NCO051918
This is response to a letter December 22, 2010 in regard to a Notice of Violation Effluent
Limitations. We reported a 4.0 pH and Daily limit is 6.0 pH. The reason for the
violation is that we installing a concrete basin so the efflent could flow threw the basin.
We purhased a weir to measure the effluent flow. We have had no more problems since.
Lanny B 011is
ORC Clev 1 d Court y Water

ff
NCDENR FIL
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Dear Mr. Smith:
Coleen H. Sullins
Director
December 22, 2010
Subject: Notice of Violation — Effluent Limitations
Tracking 9: NOV-2010-LV-0457
Cleveland County WWTP
NPDES Permit No. NCO051918
Cleveland County
Dee Freeman
Secretary
A review of the September 2010 self -monitoring report for the subject facility revealed a violation of the
following parameter at Outfall 002:
Date Parameter Reported Value Permit Limit
9/15/10 pH 4.0 SU 6.0 SU (Daily minimum)
The Facility Status was erroneously listed as Compliant on the backside of the Discharge Monitoring Report —
DWQ Form MR-1; this is also a violation subject to an enforcement action. Remedial actions, if not already
implemented, should be taken to correct any problems. Since the comments section on the reverse of the
relevant Discharge Monitoring Report did not provide an explanation for the noted effluent limit
violation, it is requested that a written response to this Notice be submitted by no later than January 20,
2011. The response should include any additional information concerning the violation or comments that you
wish to present. Please address your response to the attention of Ms.- Marcia Allocco of this Office.
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 Ms. Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco at [phone].
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] l Fax: [phone] Customer Service: 1-877-623-6748 Nol thCarolina
Internet: http:!lportal.ncdenr.orglweblwq 9/
An Equal Opportunity1 Affirmative Action Employer- 30% Recycled/Naturally
10% Post Consumer paper

Beverly Eaves Perdue
Governor
cc
NCDEHR. l
North Carolina Department of Environment and Natural Resources
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. BOX 788
Lawndale, North Carolina 28090
Dear Mr. Smith:
Division of Water Quality
Coieen H. Sullins
Director
October 25, 2010
Subject: Notice of Violation — Effluent Limitations
Tracking #: Nov-2010-LV-0374
Cleveland County WWTP
NPDES Permit No. NCO051918
Cleveland County
Dee Freeman
Secretary
A review of the July 2010 self -monitoring report for the subject facility revealed a violation of the
following parameter at Outfall 002:
Date Parameter Reported Value Permit Limit
7/7/10 Total residual chlorine 58 µg/L 28 µg/L (Daily maximum)
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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at
[phone].
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Point Source Branch
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http:]/portal.ncdenr.org/web/wq
Nne
orthCarolina
Nattarggally
An Fnual nnnnrMnity 1 Affirmativa Antion Fmnlnvar - 30% R :rvdP.d11M%o Post Consumer oaoer

m
Z .
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
cc:
MA
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subj ect:
Dear Mr. Smith:
September 24, 2010
Notice of Violation — Effluent Limitations
Tracking #: NOV-2010-LV-0334
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dee Freeman
Secretary
A review of the June 2010 self -monitoring report for the subject facility revealed a violation of
the following parameter at Outfall 002:
Date Parameter Reported Value
6/2/10 Total residual chlorine
57 µg/L
Permit Limit
28 µg/L (Daily maximum)
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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or
me at [phone].
Point Source Branch
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled/10% Post Consumer paper
Nne
orthCarolina
Nattrrallil

xwvA -(t(,L,
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins . Dee Freeman
Governor Director Secretary
August 11, 2010
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: Request for Amended DMR — March 2010
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A recent file review found that the Division of Water Quality compliance monitoring database has
flagged the Cleveland County WTP for a permit violation of the monthly average flow limit. The
compliance system generates violations after the data from your monthly Discharge Monitoring
Reports (DMRs) have been entered and compared with the requirements of your permit, NC0051918.
A physical review of the March 2010 DMR found that the flow reported for March 28th through March
31 st was much greater than the flow reported for the remainder of March 2010. It appears that the
flow numbers were not converted and reported in million gallons per day (MGD) for the last four days
of the month.
Since the permit limit violation appears to be a reporting error, please submit an amended DMR for
March 2010 to this Office. Once the amended, DMR is received we will correct the erroneous data in
the Division of Water Quality compliance monitoring database to remove the permit violation from
your compliance record.
If you have questions concerning this matter, please do not hesitate to contact me at [phone].
Sincerely,
Marcia Allocco, MS
Environmental Chemist
Surface Water Protection
cc: Point Source Branch — Bob Sledge
MA
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
One
NorthCarolhia
NatmulllY
An Eaual Opportunity 1 Affirmative Action Employer— 30% Recycled/10% Post Consumer paper

NCDE R
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
July 15, 2010
CERTIFIED MAIL 7007 0710 0000 5376 6023
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. 0. Box 788
Lawndale, NC 28090
SUBJECT: NOTICE OF VIOLATION: NOV-2010-LR-0038
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Cleveland County
Dear Mr. 011is:
Dee Freeman
Secretary
J U L 19 2010
This is to inform you that the Division of Water Quality has not received your discharge monitoring report
(DMRs) for April 2010. Water quality regulations require that monthly monitoring reports shall be filed no later
than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as
required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation.
To prevent further action, please submit the report to the Division's Central Files office at the letterhead address
within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered
noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted.
Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within
the time frame specified above.
This letter additionally provides notice that this office will recommend the assessment of civil penalties if future
reports are not received within the required time frame during the next twelve (12) reporting months. The
Division must take -these steps because timely submittal of discharge monitoring reports is essential to the
efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any
questions about this letter or discharge monitoring reports, please contact Bob Sledge at [phone] or via e-
mail at [e-mail].
Sincerely,
6
r
Je rey 0. Poupart, Supervisor
Point Source Branch
cc: NPDES Enforcement File
Mo ro esv :lle=Regionak-Officea
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 ()Ile
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOl ti1C�11 O11I1�1
Phone: [phone] \ FAX: [phone] \ Customer Service: 1.877-623-6748 "
Internet: www.ncwaterquality.org �t���+�1`�/
An Equal Opportunity \ Affirmative Action Employer Naturally

Beverly Eaves Perdu
Governor
1LA
4
HCDEHR
North -Carolina Department of Environment and Natural Resources
Division of Water Quality
e Coleen H. Sullins Dee Freeman
Director Secretary
June 22, 2010
LANNY B OLLIS, ORC
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NC005.1918
Case Number: LV-2010-0149
Cleveland County
Dear Mr. 011is:
JUN 2 3 2010
This letter is to acknowledge receipt of check number 45382 in the amount of $185.37 received from you dated
June 18, 2010. This payment satisfies in full the above civil assessment 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 Statutes, Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-639.8.
cc: Central Files
iWr7Mooresv tte Regi nan�l � �f&tce , _ p_e5m :.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 North Carolina
Internet: avww.ncwaterquality.org NaftalkAffAn Equal Opportunity \ Affirmative Action Employer

Beverly Eaves Perdue
Governor
NCB NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
May 13, 2010
CERTIFIED MAI1L 7009 2250 0004 3265 6346
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Sanitary District
Post Office Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and NPDES Permit No. NCO051918
Cleveland County WWTP
Cleveland County
Case No. LV-2010-0149
Dear Mr. 011is:
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $185.37
($100.00 civil penalty + $85.37 enforcement costs) against Cleveland County Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the self -monitoring
data reported for February 2010. This review has shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. NC0051918. The violations are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that Cleveland County Sanitary District
violated the terms, conditions, or requirements of NPDES Permit No. NCO051918 and North Carolina General
Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be
assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2).
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, Marcia Allocco, Acting Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against Cleveland County Sanitary
District:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet:Ilitip:ilroral.ncdencor laJe•.;hraa
Natimally
NorthCarolilia
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper

$ 100.00 For _1_ of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
X
$ 100.00
$ 85.37
$ 185.37
For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids.
TOTAL CIVIL PENALTY
Enforcement costs.
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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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:
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
161'7 Mail Service Center
Raleigh, North Carolina 27699-1617
XA,

AA
2. Submit a writteii request for remission 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 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 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 G.S. 143B-282.1(b) were
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 information presented in support of your request for remission must be
submitted in writing. The Director 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 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 "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
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

is
during normal office hours. The Office of Administrative Hearings accepts filing's 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:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
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 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 If you have any questions about this civil penalty assessment or a
Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at
704/663-1699.
E)leArc)
(Date) Marcia Allocco
Acting Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division.of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
jl

Outfall
Date
002
2/17/10
002
2/28/10
ATTACHMENT A
CASE NO. LV-2010-0149
Parameter Reported Value
TSS *69.0 mg/1
TSS 34.5 mg/1
* Denotes civil penalty assessment
Permit Limit
45.0 mg/l (daily max.)
30.0 mg/1(monthly avg.)

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY ) STIPULATION OF FACTS
SANITARY DISTRICT )
PERMIT NO. NCO051918 )
FILE NO. LV-2010-0149
Having been assessed civil penalties totaling $ 185.37 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated May 13, 2010, the undersigned, desiring to seek rernission of
the civil penalties, 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 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 , 2010
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-LV-0149
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $185.37
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
qpplied 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: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Cleveland County Sanitary District
Facility: Cleveland County WTP
County: Cleveland
Case Number: LV-2010-0149
Permit Number: NC0051918
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;
No harm has been documented. Total suspended solids (TSS) in the discharge would increase
downstream turbidity and potentially harm aquatic life and limit best usage of the receiving stream.
2) The duration and gravity of the violation;
The daily maximum effluent limit for TSS was exceeded by 53% on 2/17/10. The noncompliance was
significant enough to lead to the monthly average effluent TSS limit violation. The monthly average
reported value was 15% over the allowable limit.
3) The effect on ground or surface water quantity or quality or on air quality;
No effect on ground water or air quality or quantity are expected. Surface waters were likely to be
affected by increased turbidity. There is no turbidity monitoring requirement in the permit.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
No money appears to have been saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
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
Case Number
Description
LT-2010-0001
Toxicity late reporting paid/case closed
LR-2010-0007
Late reporting 4/09 DMR paid/case closed
LV-2010-0065
11/09 TSS violations, paid/case closed

8) The cost to the State of the enforcement procedures.
Staff preparation of enforcement package: 1 hour at $32.54/hour
SWP Regional Supervisor review: 1 hour at $37.83/hour
Clerical Support: 1 hour at $15.00/hour
Total:
$85.37
Date Az-il RO Supervisor
77ivision of Water Quality

MONITORING REPORT(MR) VIOLATIONS for: Report Date: 05/06/10 Page: 8 of 26
i
Permit: % MRs Between: 2-2010 and 2-2010 Region: Mooresville Violation Category: Limit Violation Program Category: NPDES WW
3
Facility Name: % Param Name: % County: % Subbasin: % Violation Action: %
I . Major Minor:` %
PERMIT: NCO051918 FACILITY: Cleveland County Water - Cleveland County WTP COUNTY: Cleveland REGION: Mooresville
Limit Violation
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
02 -2010
002
Effluent Flow, in conduit or thru 02/28/10 2 X month
mgd
0.485
1.6576
241.77
Monthly Average Exceeded
None,
treatment plant
02 -2010
002
Effluent Solids, Total Suspended - 02/17/10 2 X month
mg/I
45
69
53.33
Daily Maximum Exceeded
None
Concentration
02 -2010
002
Effluent Solids, Total Suspended - 02/28/10 2 X month
mg/I
30
34.5
15
Monthly Average Exceeded
None
Concentration
�T- Zb)U- Opp) LZDIU -obp-7 Ly-ZD►b-6�/s'
PERMIT: NCO020036
FACILITY: Town of Stanley - Lola Street WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING
OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
%OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
02 -2010
001
Effluent
BOD, 5-Day (20 Deg. C) -
02/13/10
Weekly
mg/I
45
47
4.44
Weekly Average Exceeded
None
Concentration
02 -2010
001
Effluent
Chlorine, Total Residual
02/17/10
2 X week
ug/I
28
39
39.29
Daily Maximum Exceeded
No Action, BPJ
02 -2010
001
Effluent
Coliform, Fecal MF, M-FC
02/13/10
Weekly
#/loom]
400
6,000
1,400
Weekly Geometric Mean
None
Broth,44.5C
Exceeded
02 -2010
001
Effluent
Coliform, Fecal MF, M-FC
02/20/10
Weekly
#/100ml
400
1,600
300
Weekly Geometric Mean
None
Broth,44.5C
Exceeded
02 -2010
001
Effluent
Coliform, Fecal MF, M-FC
02/28/10
Weekly
#/100ml
200
379.47
89.74
Monthly Geometric Mean
None
Broth,44.5C
Exceeded

Beverly Eaves Perdu
Governor
xA
A..;
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
e Coleen H. Sullins
Director
June 8, 2010
Dee Freeman
Secretary-
LANNY B OLLIS, ORC
CLEVELAND COUNTY WATER -
PO BOX 788
LAWNDALE NC 28090 0
- o
SUBJECT: Payment Acknowledgment o
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918 CEOs
Case Number(s): LT-2010-0001 & LV-2010-04�
Cleveland County
Dear Mr. 011is:
This letter is to acknowledge receipt of check number 45318 in the amount of $1,977.97 received from you
dated June 4, 2010. This payment satisfies in full the above civil assessment 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 Statutes, Regulations, or Permits.
If you have any questions, please call Robert L. Sledge at 919-807-6398.
cc: Central Files
'►�'�'ii�)1'!�oo>"es�itl�l�e� . �gz��al O* JfI%�e Supe�i Q
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] t Customer Service:1-877-623-6748 . NofthCar011na
Internet: wwv��.ncwaterquality.org � 'J�'�r����� ,
An Equal Opportunity \ Affirmative Action Employer N �1 6 b y

Allocco, Marcia ®_
From:
Sledge, Bob
Sent:
Monday, June 14, 2010 10:10 AM
To:
Allocco, Marcia
Cc:
Lesley, John
Subject:
RE: Question regarding payment of Penalties
I think I can clear this one up. I didn't see all the paperwork, but apparently the Cleveland County WTP sent in a check in
April that paid the two penalties AND paid for some other fee outside DWQ's program area. We saw the check first and
credited payment, then sent it along to the other area. They were flummoxed by the amount and r.eturned the check to
Cleveland County. We spoke with them later and asked them to resubmit a check specific to the DWQ penalties. They
did so, minus the $25 charge they incurred for canceling the first check. They did that with our blessing and the $25 was
deducted from the penalty in LV-2010-0065 to make the $$$ balance. The reference to LV-2010-0136 was a typo, a cut
& paste error. BIMS should be updated correctly.
From: Allocco, Marcia
Sent: Monday, June 14, 2010 9:29 AM
To: Sledge, Bob
Cc: Lesley, John
Subject: Question regarding payment of Penalties
Bob,
Can you review the attached letters? The April letter states at LT-2010-0001 was paid in April for the
Cleveland County WTP. We just received another letter that states LT-2010-0001 was paid in June along with
LV-2010-0136. LV-2010-0136 is a penalty against Cone Mills for NC0004405 from the Asheville region and
not against Cleveland County WTP.
Thanks,
Marcia
Marcia Allocco, MS - Environmental Chemist
NC Dept. of Env. & Natural Resources (NCDENR)
Division of Water Quality - Surface Water Protection Group
610 East Center Ave., Suite 301, Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Please note: my e-mail address has changed to [e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

- k
i�' 127
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 20, 2010
LANNY B OLLIS
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090 APR 2 6 2010
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment(s)
Cleveland County WTP
Permit Number: NCO051918
Case Number(s). L -Q, Of�?{5 & LT-2010-0001.
Cleveland County
Dear Mr. 011is:
This letter is to acknowledge receipt of check number 44986 in the amount of $2,002.97 received from you
dated April 16, 2010. This payment satisfies in full the above civil assessments levied against the subject
facility, and these cases have been closed. Payment of this penalty in no way precludes future action by this
Division for additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
cc: Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �7One
Phone: [phone] FAX: 91M07-64921 Customer Service: 1-877-623-6748 l v nrthCarollna
Internet: www.ncwa#erquality.org Naturally
An Equal Opportunity l Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 26, 2010
CERTIFIED MAIL 7008 1140 0002 27161060
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Case No. LV-2010-0065
Dear Mr. 011is:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$433.71 ($350.00 civil penalty + $83.71 enforcement costs) against the Cleveland County Sanitary
District.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for November 2009. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0051918. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary
District violated the terms, conditions, or requirements of NPDES Permit No. NCO051918 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the Cleveland
County Sanitary District:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One 1
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 NofthCaxolina
Internet: wrrN.ncwaterquality.org NX111a`llJ

$ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids (TSS).
250.00
For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0051918, by discharging waste into the
waters of the State in violatim of the permit monthly average
effluent limit for TSS.
$ 350.00 TOTAL CIVIL PENALTY
$ 83.71 Enforcement costs.
$ 433.71 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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
2. Submit a written request for remission including a detailed justification for such request:

V.
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 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 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 G.S. 143B-282. I (b) were
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 information presented in support of your request for remission must be
submitted in writing. The Director 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 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 "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
K'
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 forin from the Office of
ZD
Administrative Hearings. You must file the petition with the Office of Administrative Hearings

LI
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:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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 notice, 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 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 an-plyingfor or a Special Order by Consent If you have any questions about this civil penalty
assessment or a Special Order by Consent Tease contact the Water Quality Section staff of the
Mooresville Regional Office at [phone].
(Date) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

V,
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rb/ma

Outfall
Parameter
002
TSS
002
TSS
Denotes civil penalty assessment
ATTACHMENT A
CASE NO. LV-2010-0065
Reported Value Permit Limit
136.0 mg/L* 45.0 mg/L (Daily maximum)
70.1 mg/L* 30.0 mg/L (Monthly average)

V_
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY SANITARY. ) STIPULATION OF FACTS
DISTRICT 1
PERMIT NO. NCO051918
FILE NO. LV-2010-0065
Having been assessed civil penalties totaling $433.71 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 26, 2010, the undersigned,
desiring to seek remission of the civil penalties, 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 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 , 2010
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0065
Assessed Party: The Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $433.71
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: (use additional pages as necessary)

1)
2)
3)
4)
5)
6)
7)
Violator:
Facility:
County:
NORTH CAROLINA DIVISION OF WATER QUALITY
The Cleveland County Sanitary District
Cleveland County WTP
Cleveland
Case Number: LV-2010-0065
Permit Number: NC0051918
ASSESSMENT FACTORS
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;
The TSS daily maximum concentration of 136.0 mg/L on November 18, 2009, exceeded the permit
limit of 45.0 mg/L. This caused the TSS monthly average concentration of 70.1 mg/L to exceed the
permit limit of 30.0 mg/L.
The duration and gravity of the violation;
The TSS daily maximum permit limit was exceeded by 202.2% on November 18, 2009, and the TSS
monthly average permit limit was exceeded by 133.7%.
The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as in -stream monitoring of TSS is not required.
Increased suspended solids concentrations (turbidity) increase the water temperature, thus reducing
the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight
that penetrates through the water, further decreasing oxygen production and photosynthesis. In
addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease,
and smothering their eggs.
The cost of rectifying the damage;
The cost is unknown.
The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally.
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 21 other CPAs against the Cleveland County sanitary District for their WTP during
the life of the permit with two CPAs issued in the past twelve months as detailed below.

Case Number
Description
LT-2010-0001
$1,569.26 LT for late reporting of aquatic toxicity monitoring data for the 4 Ih quarter
of 2009. Penalty is within the 30-dayresponse window.
LR-2009-0007
$1.,100.00 LR for late reporting of the April 2009 DMR. Penalty was paid in full.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $83.71.
Z Z/ /I j�-
Date Robert B. Krebs
Surface Water Protection
Regional Supervisor - Mooresville
Division of Water Quality

Repo Page 4
Report Date 02108110 7 of 2
MONITORING REPORT(MR) VIOLATIONS for
a 1 t -r� x ,t• z k
a .. , ,;. r .W _.> Q - - <" „. .. DES WW.
z , "� � U�olaion Category Llmit Violation ,Program Category NP
��Region:,.Mooresvdle
r
° County %v Subbasm % Violation Action
Fachty Name % Param Name to
t
Major
PERMIT: NCO051918 FACILITY: Cleveland County Water - Cleveland County WTP
COUNTY: Cleveland REGION: Mooresville
Limit Violation
MONITORINGOUTFALL/ VIOLATION UNIT OF
DATE MEASURE
CALCULATED
LIMIT VALUE VIOLATION TYPE VIOLATION ACTION
REPORT PPI LOCATION PARAMETER FREQUENCY
11 -2009 002 Effluent Chlorine, Total Residual 11/04/09 2 X month ug/I
28 45 Daily Maximum Exceeded No Action, 'BPJ
11-2009 002 Effluent Chlorine, Total Residual 11/18/09 2 X month ug/I
28 39 Daily Maximum Exceeded No Action, BPJ
Effluent Solids, Total Suspended - 11/18/09 2 X month mg/l
45 V 136 its' Daily Maximum Exceeded None �t
11 -2009 002
Concentration
11-2009 002 Effluent Solids, Total Suspended - 11/30/09 2 X month mg/I
30 v 70.1 `L/i 'Monthly Average Exceeded None
Concentration
` 3
PERMIT: NC0020036 FACILITY: Town of Stanley -Lola Street WWTP
COUNTY: Gaston REGION: Mooresvil����
Limit Violation
MONITORING OUTFALL/
VIOLATION
DATE
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
VIOLATION TYPE
VIOLATION ACTION
REPORT PPI LOCATION
PARAMETER
FREQUENCY
11 -2009 001 Effluent
Chlorine, Total Residual
11/18/09
2 X week
ug/l
28
41.5
Daily Maximum Exceeded
No Action, BPJ
11 -2009 001 Effluent
Chlorine, Total Residual
11/19/09
2 X week
ug/I
28
47.5
Daily Maximum Exceeded
No Action, BPJ
PERMIT: NCO024155
FACILITY: City of High Shoals : River Street WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING OUTFACE/
VIOLATION
DATE
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
VIOLATION TYPE
VIOLATION ACTION
REPORT PPI LOCATION
PARAMETER
FREQUENCY
11-2009 001 Effluent
Chlorine, Total Residual
11/12/09
2 X week
Ug/I
28
32.
Daily Maximum Exceeded
No Action, BPJ

Beverly Eaves Perdu
Governor
A
NCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
e Coleen H. Sullins
Director
April 20, 2010
LANNY B OLLIS
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment(s)
Cleveland County WTP
Permit Number: NCO051918
Case Number(s): LV-2010-0065L2010�0001
Cleveland County
Dear Mr. 011is:
Dee Freeman
Secretary
APR 2 6 2010
This letter is to acknowledge receipt of check number 44986 in the amount of $2,002.97 received from you
dated April 16, 2010. This payment satisfies in full the above civil assessments levied against the subject
facility, and these cases have been closed. Payment of this penalty in no way precludes future action by this
Division for additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919=807-6398.
cc: Central Files
DWQ Mooresville Regional Office Supervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 for �TOne 1'
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 hCarohna
Internet: www.ncwaterquality.org �������g S
An Equal Opportunity', Affirmative Action Employer y

V,
Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
February 25, 2010
CERTIFIED MAIL: 7006 2760 0001 9282 0594
RETURN RECEIPT REQUESTED
Mr. Lanny Boyd 011is
Cleveland County Water
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Civil Penalty Assessment for Reporting Requirement Violations
NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
LT 2010-0001
Dear Mr. 011is:
This letter transmits a Civil Penalty assessed against Cleveland County WTP in.the amount of
($ S ob civil penalty + $ . q j b enforcement costs).
Dee Freeman
Secretary
This assessment is based upon the following facts: the October, November and December 2009 toxicity self -
monitoring report forms were not filed with the Environmental Sciences Section of the Division of Water
Quality within -the thirty (30) day reporting period in accordance with the monitoring and reporting
requirements contained in your NPDES Permit.
Notices of Violations dated December 21, 2009 and February 23, 2009 were sent to the facility by certified mail
for failure to report the October, November and December 2009 toxicity self -monitoring report forms to our
office within the reporting deadline. Both Notices stated, "Note that late/non-reporting of toxicity self -
monitoring data subjects you to the enforcement authority of the Division."
Based upon the above fact(s), I conclude as a matter of law that Cleveland County WTP violated or failed to act
in accordance with the requirements of G.S. 143-215.65. A civil penalty of not more than $10,000.00 may be
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh. North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.usiesb/
One
NorthCarol_ina
Natiffally
An Equal Opportunity\Affirmative Action Employer

71
assessed against a person who fails to file, submit or make available any documents, data or reports required by
G.S. 143-215.65.
The State's enforcement costs in this matter may be assessed against Cleveland County WTP pursuant to NCGS
143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above fact(s) and the conclusions of law, and pursuant to the authority delegated to me by the
Secretary of the Department of Environment and Natural Resources, I hereby make the following civil penalty
assessment against Cleveland County WTP
0 Lf .. ;` For this third violation of NCGS 143-215.65 and NPDES Permit No. NC0051.918, for
failing to timely submit Aquatic Toxicity Self -Monitoring Report Forms for the months
of October, November and December 2009 to the Environmental Sciences Section.
c✓y� 2„to
Enforcement Costs
TOTAL CIVIL PENALTY
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 receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources (do not include
waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new
violation(s). Please submit payment to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 00C
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NorthCaroli.na
Phone: [phone] FAX: [phone] Customer Service: 1.877.623-6748
Internet: hUp://h2o.enr.state.nc.us/esbl �CLtl1L����f
An Equal Opportunity 1 Affirmative Action Employer

V,
M.
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) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully
applied to the detriment of the petitioner;
(2) the violator promptly abated continuing environmental damage resulting from the violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) 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:
Environmental Sciences Section
Division of Water Quality
c/o John Giorgino
1621 Mail Service Center
Raleigh, NC 27699-1621
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.erlr.state.nc.uslesb/
onr Nth Carolina
An Equal Opportunity 1 Affirmative Action Employer

71
K'
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 fi-om 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, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 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.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an
additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. John
Giorgino at [phone].
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
NOrtl1 Cil1 Ol..lna
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http:l1h2o.enr.state.nc.us1esb1 Nati ally
An Equal Opportunity 1 Affirmative Action Employer

Supervisor, Aquatic Toxicology Unit
ATTACHMENTS
cc: Rob Krebs- Mooresville Regional Office w/attachments
John Lesley- Mooresville Regional Office w/attachments
Point Source Branch File w/attachments
Aquatic Toxicology Unit File w/attachments
Central Files w/attachments
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http:1lh2o.enr.state.nc.us1esb/
Natimally
NofflaCarolina
An Equal Opportunity 1 Affirmative Action Employer

Environmental Sciences Section
1621 Mail Service Center, Raleigh; North Carolina 27699-1621 One 1
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 No u1Carhna
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748
Internet: hftp:llh2o.enr.state.nc.uslesb/ Nat trall �
An Equal Opportunity 1 Affirmative Action Employer U

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CLEVELAND COUNTY WTP
NPDES PERMIT NO. NCO051918
FILE NO
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
LT--2010-0001
Having been assessed civil penalties totaling for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
the undersigned, desiring. to seek remission of the civil penalties, 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 30 days of receipt
of the notice of assessment. No new evidence in supportof a remission request will be allowed after 30 days
from the receipt of the notice of assessment.
This the day of )2010.
BY
ADDRESS
TELEPHONE

V,
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LT-2010-0001 County: Cleveland
Assessed Party: Cleveland County WTP.
Permit No. (if applicable): NCO051918 Amount Assessed: S
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:

Beverly Eaves Perdu
Governor
A""NA- z
HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
e Coleen H. Sullins Dee Freeman
Director Secretary
March 30, 2010
LANNY B OLLIS
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LM-2010-0011
Cleveland County
Dear Mr. 011is:
a. -P 5 80
This letter is to acknowledge receipt of check number 44870 in the amount of $233.71 received from you dated
March 26, 2010. This payment satisfies in full the above civil assessment 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 Statutes, Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
cc: Central Files
"VQfflff@'83v�, rwX. � l f �fF FSunervi�or
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 91M07-63001 FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ��y�.���/,,,
An Equal Opportunity i, Affirmative Action Employer Naturally y

{. 'rQ ?ii �'4� � �Jl
h:� .. �.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 17, 2010
CERTIFIED MAIL 7008 1140 0002 2716 1114
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Case No. LM-2010-0011
Dear Mr. Smith:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $233.71 ($150.00 civil penalty + $83.71 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for December 2009. This review has shown the subject facility to
be in violation of the discharge limitations and monitoring requirements found in NPDES Permit
No. NC0051918. The violations are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County
Sanitary District violated the terms, conditions, or requirements of NPDES Permit No.
NCO051918 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent
shown in Attachment A. A civil penalty may be assessed in accordance with the maximums
established by G.S. 143-215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against the Cleveand County Sanitary District:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: http://portal.ncdenr.org/weblwq
No thCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled/10% Post Consumer paper

$ 0.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6)
and NPDES Permit No. NC0051918, by discharging waste
into the waters of the State in violation of the permit daily
maximum effluent limit for total suspended solids (TSS).
$ 50.00
$ 25.00
$ 25.00
$ 25.00
$ 25.00
$ 150.00
$ 83.71
$ 233.71
For 1 of the one (1) failure to monitor for pH in violation
of the terms of NPDES Permit No. NC0051918.
For 1 of the one (1) failure to monitor for aluminum in
violation of the terms of NPDES Permit No. NC0051918.
For 1 of the one (1) failure to monitor for calcium in
violation of the terms of NPDES Permit No. NC0051918.
For 1 of the one (1) failure to monitor for magnesium in
violation of the terms of NPDES Permit No. NC0051918.
For 1 of the one (1) failure to monitor for manganese in
violation of the terms of NPDES Permit No. NC0051918.
TOTAL CIVIL PENALTY
Enforcement costs.
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 violations;
(2) The duration and gravity -of the violations;
(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 violations were 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:
El

F.
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
:���7
2. Submit a written request for remission 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 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 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 G.S. 143B-282.1(b)
were 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 information presented in support of your request for remission must
be submitted in writing. The Director 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 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

In order to request remission, you must complete and submit the enclosed "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
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 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:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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
notice, 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 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 applyingfor r a Special Order by Consent. If you have any questions
about this civil penalty assessment or a Special Order by Consent, please contact the Water
Quality Section staff of the Mooresville Regional Office at [phone].
3 N zoo
(Date)
ATTACHMENTS
IlX M16"-i
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rb/ma

ATTACHMENT A
CASE NO. LM-2010-0011
Outfall
Date
Parameter
Reported Value
Permit Limit/Monitoring
Requirement
002
12/16/09
TSS
50.3 mg/L
45.0 mg/L (Daily maximum)
002
12/31/09
pH
lx/month*
Monitor 2x/month
002
12/31/09
Aluminum
None/quarter*
Monitor Ix/quarter
002
12/31/09
Calcium
None/quarter*
Monitor Ix/quarter
002
12/31/09
Magnesium
None/quarter*
Monitor Ix/quarter
002
12/31/09
Manganese
None/quarter*
Monitor Ix/quarter
* Denotes civil penalty assessment
11

F_
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY SANITARY ) STIPULATION OF FACTS
DISTRICT 1
PERMIT NO. NCO051918 )
FILE NO. LM-2010-0011
Having been assessed civil penalties totaling $233.71 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 17, 2010, the undersigned,
desiring to seek remission of the civil penalties, 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 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
ADDRESS
TELEPHONE
2010

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2010-0011
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $233.71
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: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER OUALITY
Violator: Cleveland County Sanitary District
Facility: Cleveland County Water Treatment Plant
County: Cleveland
Case Number: LM-2010-0011
Permit Number: NCO051918
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;
The TSS daily maximum concentration of 50.3 mg/L on December 16, 2009, exceeded the
permit limit of 45.0 mg/L. NCO051918 requires that pH be monitored twice per month and it was
monitored once during the month on December 2, 2009. NCO051918 requires that aluminum,
calcium, magnesium, and manganese be monitored once per quarter and none of the
parameters were monitored during the last quarter of 2009.
2) The duration and gravity of the violation;
The TSS daily maximum permit limit was exceeded by 11.8% on December 16, 2009. The
permittee did not monitor for calcium, manganese, or magnesium during the third and fourth
quarters of 2009, whereas, aluminum was monitored during the third quarter.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as in -stream monitoring is not required by the
permit. Increased suspended solids can increase the water temperature, thus reducing the
amount of oxygen in the water harming aquatic life. They also reduce the amount of natural
sunlight that penetrates through the water, further decreasing oxygen production and
photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lower their
resistance to disease, and smother their eggs.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally. However, this is the fifth enforcement case (NOVs and CPAs) against the
permittee since November 2008. The permittee has missed required monitoring and not
completed the chronic toxicity required in the final quarter of 2009.

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 19 other CPAs against the Cleveland County Sanitary District for their WTP
during the life of the permit but most have been assessed since 2005. Three CPAs have been
issued in the past twelve months as detailed below.
Case Number
Description
LV-2010-0065
$433.71 LV for TSS. Penalty is within the 30-dayresponse window.
LT-2010-0001
$1,569.26 LT for late reporting of aquatic toxicity monitoring data for the 4th quarter
of 2009. Penalty is within the 30-dayresponse window.
LR-2009-0007
$1,100.00 LR for late reporting of the April 2009 DMR. Penalty was paid in full.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $83.71.
Date Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 03/15/10 Page: 1 of 1
PERMIT: NCO051 18 FACILITY: Cleveland County Water- Cleveland County WTP COUNTY: Cleveland REGION: Mooresville
Limit Violat4n — V — o�C�>I c)— .QC-�) y ,
MONITORING
OUTFA
/
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12 -2009
002
Effluent
Chlorine, Total Residual
12/02/09
2 X month
ug/I
28
46
64.29
Daily Maximum Exceeded
No Action, BPJ
12 -2009
002
Effluent
Chlorine, Total Residual
12/16/09
2 X month
Ug/I
28
42
50
Daily Maximum Exceeded
No Action, BPJ
12 -2009
002
Effluent
Solids, Total Suspended -
12/16/09
2 X month
mg/I
45•
50.3
11.78
Daily Maximum Exceeded
None 4-
Concentration
�aV�
Monitoring Viol
tion
MONITORING OUTFAL
REPORT PPI
12-2009 002
12-2009 002
12-2009 002
12-2009 002
12-2009 002
12-2009 002
L/
VIOLATION
UNIT OF CALCULATED
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE LIMIT VALUE %OVER LIMIT
Effluent
Aluminum, Total (as Al)
12/31/09
Quarterly
mg/I
Effluent
Calcium, Total (as Ca)
12/31/09
Quarterly
ug/l
Effluent
Magnesium, Total (as Mg)
12/31/09
Quarterly
ug/l
Effluent
Manganese, Total (as Mn)
12/31/09
Quarterly
ug/I
Effluent
Nitrogen, Ammonia Total (as
12/31/09
Monthly
mg/I
N) -Concentration
Effluent
pH
12/31/09
2 X month
su
VIOLATION TYPE
VIOLATION ACTION
Frequency Violation
None
Frequency Violation
None3�
Frequency Violation
None
Frequency Violation
None
Frequency Violation
Nonen
Frequency Violation
None

Beverly Eaves Perdue
Governor,
A 7 i�2
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
February 25, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED: 7006 2760 0001 9282 0587
Mr. Lanny Boyd 011is
Cleveland County Water
P.O. Box 788
Lawndale, NC 28090
Subject: NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Dear Mr. 011is:
Dee Freeman
Secretary
This is to inform you that the Environmental Sciences Section has not received your toxicity self -monitoring report
form for the month of October, November or December 2009. This is in violation of Title 15A of the North
Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly
monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was
made."
Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test results must be entered
on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report Form). The AT report form must be
submitted to: DWQ/ESS, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame.
Your NPDES permit requires you to submit an Aquatic Toxicity Self -Monitoring Form to this office during a month
in which toxicity testing is required, regardless of whether a discharge occurs from the facility. Please ensure that
AT test forms labeled "No Flow" are sent to this office during months when no discharge occurs and the facility is
required to perform toxicity testing.
A letter sent to you in December 2009 indicated the following: Additional reporting and/or monitoring violations within
a twelve (12) month Deriod subiects the facility to the enforcement authority of the Division. This is the third
consecutive non -reporting violation. This office and the Mooresville Regional office have made multiple attempts to contact
the facility, with no response. Susan Meadows from this office spoke to you on December 7, 2009. At that time you
indicated that a test would be run in mid to late December 2009. We have not received a December test. The facility is now
subiect to a Civil Penalty Assessment.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] l FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp://h2o.enr.state.nc.us/esb/
North Carolina
Nartill'alCif
An Equal Opportunity 1 Affirmative Action Employer

'IN
Attached to this Notice, you will find a summary of important toxicity monitoring and reporting requirements. Please read
this summary. If you have any questions concerning this Notice, please contact Mr. John Giorgino with the Aquatic
Toxicology Unit at [phone].
Sincerely,
r -
��� C1P
Cindy Moore
Supervisor, Aquatic Toxicology Unit
cc: T abai•rebs`�Mboresville Regional Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699 1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hUp://h2o.enr.state.nc.us/esb/
One
NorthCaroli.na
atimally
An Equal Opportunity 1 Affirmative Action Employer

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino:with the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and.that toxicity report forms are
appropriately filed.
The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:.."-::`.
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January I -June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test
results certified mail, return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp://h2o.enr.state.nc.us/esb/
NorthCarohna
An Equal Opportunity 1 Affirmative Action Employer

Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
One
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
NorthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
¢
Internet: http://h2o.enr.state.nc.us/esb/
n
�t�"`lmall1
6/ �/
An Equal Opportunity 1 Affirmative Action Employer

E
il ra,
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
Division of Water Quality
Coleen H. Sullins
Director
January 5, 2010
Dee Freeman
Secretary
Subject: Notice of Violation — Effluent/Monitoring Violations
Tracking #: NOV-2010-LM-0001
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
A review of the September 2009 self -monitoring report for the subject facility revealed a violation of .
the following parameter at Outfall 002:
Date
Parameter
Reported Value
Permit Limit/Monitoring
Requirement
9/2/09
Total suspended solids
52.0 mg/L
45.0 mg/L (Daily maximum)
9/3 0/09
pH
lx/month
2x/month
9/3 0/09
Calcium
None
lx/Quarter
9/30/09
Magnesium
None
Ix/Quarter
9/3 0109
Manganese
None
Ix/Quarter
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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at
704/663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer— 30% Recycled110% Post Consumer paper
One
NofthCarohna
Nahilrallil

A=4 i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
cc
0
January 5, 2010
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. 0. BOX 788
Lawndale, North Carolina 28090
Subject: Notice of Violation — Monitoring Violations
Tracking #: NOV-2010-MV-0002
Cleveland County WTP
NPDES Permit No. NC0051918
Cleveland County
Dear Mr. 011is:
A review of the August 2009 self -monitoring report for the subject facility revealed a violation of the
following parameter at Outfall 002:
Parameter
Date
Reported Value
Monitoring Requirement
Copper
August 31, 2009
None
lx/month
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 Ms: Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at
704/663-16.99.
Point Source Branch
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
One
NorthCarohna
An Equal Opportunity \ AOirmative Action Employer— 30% Recycled110% Post Consumer paper

"4 LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
cc:
MA
January 5; 2010
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation — Monitoring Violations
Tracking 9: NOV-2010-MV-0001
Cleveland County WTP
NPDES Permit No. NC0051918
Cleveland County
Dear Mr. 011is:
A review of the June 2009 self -monitoring report for the subject facility revealed a violation of the
following parameter at Outfall 002:
Parameter
Date
Reported Value
Monitoring Requirement
pH
June 30, 2009
lx/month
2x/month
Fluoride
June 30, 2009
None
lx/month
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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at
704/663"1699.
Point Source Branch
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterqualit .org
An Equal Opportunity1 Affirmative Action Employer — 30% Recycledl10% Post Consumer paper
One
NofthCarolina
Naturally

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 17, 2009
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
cc:
MA
Dear Mr. 011is:
Dee Freeman
Secretary
Subject: Follow-up to DWQ Request for Information — Total Residual
Chlorine Reporting Letter
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
This Office is in receipt of your response to our September 2, 2009, letter requesting information on the total
residual chlorine analysis and reporting for the Cleveland County WTP. Your response letter dated September
15, 2009, stated that the total residual chlorine (TRC) concentration in the effluent from Outfall 002 was
analyzed correctly but reported incorrectly (wrong EPA PCS reporting code) on your submitted Discharge
Monitoring Reports (DMRs) because a new DMR template was downloaded from our website following permit
renewal in 2008.
Since total residual chlorine was analyzed correctly this Office is requesting that amended DMRs be submitted
for October 2008 through July 2008. This will enable the Division to assess your compliance with your total
t
residual chlorine permit limit of 28 µg/L and also the DWQ TRC compliance level of 50 µg/L. In addition, the
amended DMRs will enable the Division to clear the numerous monitoring violations that have been flagged for
your system and reported to the EPA Enforcement and Compliance database. Please submit the amended
DIVIRS by October 16, 2009.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-
1699.
Point Source Branch
Chet Whiting, Laboratory Certification
Sincerely, 0�
Robert B. Krebs
Surface Water Protection
Regional Supervisor
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
One
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled110% Post Consumer paper

Beverly Eaves; Perdue
Governor.
RCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
December 21, 2009
CERTIFIED MAIL
RETURN .RECEIPT REQUESTED: 7006 2760 0001 9282 0518
Mr. Lanny Boyd 011is
Cleveland County Water
P.O. Box 788
Lawndale, NC 28090
Subject: NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Dear Mr. 011is:
D EC 3 Q . 2009
Dee Freeman
Secretary
This is to inform you that the Environmental Sciences Section has not received your toxicity self -monitoring report
form for the month of October 2009. This is in violation of Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no
later than 30 days after the end of the reporting period for which the report was made."
Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test results must be entered
on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report Form). The AT report form must be
submitted to: DWQ/ESS, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame.
Your NPDES permit requires you to submit an Aquatic Toxicity Self -Monitoring Form to this office during a month
in which toxicity testing is required, regardless of whether a discharge occurs from the facility. Please ensure that
AT test forms labeled "No Flow" are sent to this office during months when no discharge occurs and the facility is
required to perform toxicity testing.
Additional reporting and/or monitoring violations within a twelve (12) month period subjects the facility to the
enforcement authority of the Division.
Attached to this Notice, you will find a summary of important toxicity monitoring and reporting requirements. Please read
this summary. If you have any questions concerning this Notice, please contact Mr. John Giorgino with the Aquatic
Toxicology Unit at [phone].
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] l FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp:ilh2o.enr.state.nc.us/esbl
Nne
ofthCarolina
NahalullY
An Equal Opportunity 1 Affirmative Action Employer

"41
Sincerely,
Cindy Moore
Supervisor, Aquatic Toxicology Unit
cc: RDb I-T--ebs:--Mob re gaona -Office
John Lesley- Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http:/lh2o.enr.state.nc.us/esb/
One
NorthCarolina
Naturdly
An Equal Opportunity 1 Affirmative Action Employer

1a
WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following'items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino=with.the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
The peermittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are
appropriately filed..:
The reporting of,whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter codeY6' n your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you consider submitting your toxicity test
results certified mail, return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NorthCarohna
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp://h2o.enr.state.nc.us/esb/ Natl,114911if
An Equal Opportunity 1 Affirmative Action Employer

"NN
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 one
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NOrthCarohna
Internet: http://h2o.enr.state.nc.us/esb/ N `/ atitd�ally
An Equal Opportunity 1 Affirmative Action Employer

A;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
cc:
September 2, 2009
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: Request for Information — Total Residual Chlorine Reporting
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A recent file review found that the Division of Water Quality compliance monitoring database has flagged the
Cleveland County WTP for multiple monitoring violations of total residual chlorine (TRC). The compliance
system generates violations after the data from your monthly Discharge Monitoring Reports (DMRs) have been
entered and compared with the requirements of your permit, NC0051918.
A physical review of the submitted DMRs showed that TRC is not being reported correctly as per the permit
requirements. The monitoring requirements in NCO051918 require the Cleveland County WTP to monitor the
effluent from Outfall 002 for TRC twice per month. The correct EPA reporting code for total residual chlorine
is 50060 with reporting units of µg/L. The EPA PCS reporting code is noted at the top of the corresponding
column on the DMR in which the monitoring results are reported. The Cleveland County WTP had correctly
used EPA PCS code 50060 to report TRC until October 2008. In October 2008 the Cleveland County DMRs
began reporting total chlorine using EPA PCS code 01042 instead of total residual chlorine which does not meet
the monitoring requirements of the permit.
Please respond to this letter describing which analysis has been conducted on the effluent from 002 (total
residual chlorine or total chlorine) since October 2008. Mr. Chet Whiting of the Laboratory Certification
section has been copied on this letter since you are only certified to conduct total residual chlorine analyses on
your wastewater .effluent. Mr. Whiting may follow-up to this letter with a site visit to review your laboratory
analysis procedures.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at
[phone].
Sincerely,
Lzx�.-"
Ry- Robert B. Krebs, Surface Water Protection
Regional Supervisor
Point Source Branch
Chet Whiting, Laboratory Certification
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
One
NorthCaro'- ,.
Natltrallll
A� C--1 n — .f.-in, X nsr,.,,,m,o A'fi— r—lni-- IM1 Pnr,mlo 01no- Pnc+ (`n '—, --,

September 15, 2009
Ms. Marcia Allocco
NCENR Surface Water Protection
610 East Center Avenue
Mooresville NC 28115
Subject: Request for Information- Total Residual Chlorine Reporting
Cleveland County WTP
NPDES Permit No. NC0051918
Cleveland County
Dear Ms. Allocco:
The Cleveland County WTP received a new permit for 2008. There were several changes in the
new permit. The ORC downloaded a new DMR from Water Quality web -site. The ORC used the
incorrect reporting number on the DMR. The Cleveland County WTP has been analyzing
samples for Total Residual Chlorine the same way as before October 2008. The correct EPA
reporting code 50060 has been changed on the DMR this will eliminate this problem in the
future. If you have any question do not hesitate to call me at 704-5 38-9033.
Lanny B 011is
lv�,4e, ear
Cleveland County WTP
Operator in Responsible Charge

A7*A
C®EN®
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
cc
September 2, 2009
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation — Effluent/Monitoring Violations
Tracking H: NOV-2009-LM-0024
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the February 2009 self -monitoring report for the subject facility revealed a violation of the
following parameter at Outfall 002:
Date
Parameter
Reported Value
Permit Limit/Monitoring
Requirement
2/18/09
Total suspended solids
51.0 mg/L
45.0 mg/L (Daily maximum)
2/18/09
pH
None
Monitor 2x/month
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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at
704/663-1699.
Point Source Branch
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
MA
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
NorthCarolina
Natitral4il

.NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 30, 2009
CERTIFIED MAIL 7007 1490 0004 4510 1711
RETURN RECEIPT REQUESTED
Mr. Lanny.B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
Dee Freeman
Secretary
Subject: Rescission of Notices of Violation
Tracking Numbers NOV-2008-MV-0082,
NOV-2008-MV-0083, and NOV-2008-MV-0084
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
This Office is in receipt of your amended Discharging Monitoring Reports (DMRs) for
July, August, and September 2008, in response to the above referenced Notices of Violation
(NOVs). The NOVs were issued for failure_ to monitor settleable solids at Outfall 002 during the
three-month period.
Based on the amended DMRs this Office is rescinding the above referenced Notices of
Violation. If you have any further questions concerning this matter, please do not hesitate to
contact Marcia Allocco at [phone].
Sincerely,
7/-/ 15 7,---
Robert B. Krebs
Regional Supervisor
Surface Water Protection
cc: Point Source Branch
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Onc
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 NorthCarolin.a
Internet: www.ncwaterquality.org %��� l��y /�, , � '
An Equal Opportunity i Affirmative Action Employer- 50% Recycledil0% Post Consumer paper (� y L a y

b
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r
-J
CERTIFIED MAIL 7007 1490 0004 4510.1551
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
Michael F. Easley, Govemb'
William G. Ross Jr., Secretary /
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 17, 2008
Subject: Notice of Violation — Monitoring Violation
Tracking #: NOV-2008-MV-0084
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
A review of the September 2008 self -monitoring report for the subject facility revealed a
violation of the following parameter at Outfall 002:
Parameter
Date
Reported Value
Monitoring Requirement
Settleable solids
Week ending 9/6/08
None
Monitor weekly
Settleable solids
Week ending 9/13108
None
Monitor weekly
Settleable solids
Week ending 9/20/08
None
Monitor weekly
Settleable solids
Week ending 9/27/08
None
Monitor weekly
. 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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco
or me at 704/663-1699.
Sincerely,
- Robert B. Krebs, Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA
® NoAhCarolina
HCDENR Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 17, 2008
CERTIFIED MAIL 70. 07 149-0 0004 4.51.0 1.551
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation — Monitoring Violation
Tracking #: NOV-2008-MV-0082
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the August 2008 self -monitoring report for the subject facility revealed a violation
of the following parameter at Outfall 002:
Parameter
Date
Reported Value
Monitoring Requirement
Settleable solids
Week ending 8/2108
None
Monitor weekly
Settleable solids
Week ending 8/9/08
None
Monitor weekly
Settleable solids
Week ending 8/16/08
None
Monitor weekly
Settleable solids
Week ending 8/23/08
None
Monitor weekly
Settleable solids
Week ending 8/30/08
None
Monitor weekly
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 Ms. Marcia Allocco of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco
or me at 704/663-1699.
Sincerely,
Robert B. Krebs, Surface Water Protection
Regional Supervisor
cc: Point Source Branch
MA
�
HCD®'r�ENR
NorthCarolina
Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterqualitv.ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

4-LL-1 *)
Michael F. Easley, Governor
O�OWAT�9pG
0 li� -'c
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
`' December 17, 2008
CERTIFIED MAIL _7007_1490 0004 45.10.1551
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation — Monitoring Violation
Tracking #: NOV-2008-MV-0083
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the July 2008 self -monitoring report for the subject facility revealed a
violation of the following parameter at Outfall 002:
. Parameter
Date
Reported Value
Monitoring Requirement
Settleable solids
Week ending 7/5/08
None
Monitor weekly
Settleable solids
Week ending 7/12/08
None
Monitor weekly
Settleable solids
Week ending 7/19/08
None
Monitor weekly
Settleable solids
Week ending 7/26/08
None
Monitor weekly
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 Ms. Marcia Allocco of
this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Ms.
Allocco or me at 704/663-1699.
Sincerely,
-�� Robert B. Krebs, Surface Water Protection
Regional Supervisor
cc: Point Source Branch
®` ne
NorthCarolina
NCDENR Xaturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: wur",.ncwaterquality.ors 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary jU{fy
North Carolina Department of Environment and Natural Resources
Coleen Sullins., Director
Division of Water Quality
April 16, 2008
Mr. Lanny 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Subject: Compliance Evaluation Inspection
Cleveland County Sanitary District WTP
NPDES Permit NCO051918
Cleveland County, North Carolina
Dear Mr. 011is:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection
conducted at the subject facility on March 11, 2008, by Ms. Donna Hood of the Office. Please
inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the
enclosed report.
This report should be self-explanatory; however, should you have any questions concerning the
report, please do not hesitate to contact Ms. Hood or me at [phone].
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Enclosure
cc: Cleveland County Health Department
DH
WDEhI'
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 I SI 31 NCO051918 111 121 08/03/11 117 181 CI 191 SI 201 1
Remarks
2111111111 IIII IIIIIIII 1111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CA --------------------------- Reserved ----------------------
67I 169 701 41 711 I 721 N I 73I I 174 751 I I I I I I 180
�L_1
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
Cleveland County WTP
12:43 PM 08/03/11
05/05/01
Exit Time/Date
Permit Expiration Date
435 Casar-Lawndale Rd
Lawndale NC 28090
02:00 PM 08/03/11
08/08/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Lanny Boyd 011i3/ORC/704-538-9033/
Name, Address of Responsible Official/Title/Phone and Fax Number
Lanny Boyd O11is,P0 Box 788 Lawndale NC 28090//704-538-9033/ Contacted
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Sectio0 D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Donna Hood MRO WQ//704-663-1699 Ext.2193/ l
Signature of Management�Q A Revi e Agency/Office/Phone and Fax Numbers Date
a cia Allocco MRO WQ//704-663-1699 Ext.2204/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1
14

rPermit: NCO051918
ion Date: 03/1112008
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? n n n ■
# Are there any special conditions for -the permit? n ■ Cl n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment: The facility's permit expires on 8.31.2008. Mr. Lanny 011is, ORC, stated
that the renewal package had been submitted and the dechlorination information had
been updated with the renewal package.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ n Cl
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n Cl n
Judge, and other that are applicable?
Comment: The facility appeared well maintained and operated at the time of the
inspection.
Record Keeping
Are records kept and maintained as required by the permit?
Is -all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
■ n n n
■nnn
■ n n n
Page # 3

Permit: NCO051918
Inspection Date: 03/11/2008
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Is the backup operator certified at one grade less or greater than the facility classification? D D D ■
Is a copy of the current NPDES permit available on site? ■ D D D
Facility has copy of previous year's Annual Report on file for review? ■ n
Comment: DMRs for January 2007-December 2007 were reviewed for the inspection.
The facility has been reporting flow improperly from August 2008 to present due to a
math error. The following violations were reported during the review period:
01.2007-Late DMR
02.2007-TSS daily maximum violations (2.21.2008, 2.28.2008)
03.2007-Late DMR
06.2007-TRC daily maximum violations (6.13.2007, 6.27.2007)
07.2007-TRC daily maximum violation (7.5.2007)
09.2007-TRC daily maximum violations (9.19.2007, 9.26.2007)
1.0.2007-TRC daily maximum violation (10.17.2007)
11.2007-Late DMR
12.2007-TRC daily maximum violation (12.26.2007)
Violations have been handled under seperate cover.
No back-up ORC designation was on file with the Division. Mr. 011is submitted the ORC
designation form with back up designation given to Mr. Larry Deal.
Laboratory
Yes
No
NA
NE
Are field parameters performed by certified personnel or laboratory?
■
n
n
n
Are all other parameters(excluding field parameters) performed by a certified lab?
■
n
n
n
# Is the facility using a contract lab?
■
n
n
n
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
n
n
■
D
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
D
D
■
n
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
D
D
■
D
Comment: The facility performs on site analyses under laboratory certification #5381.
Pace Labs (#12) performs all other necessary analyses.
Lagoons
Yes
No
NA
NE
Type of lagoons?
# Number of lagoons in operation at time of visit?
1
Are lagoons operated in?
*Is a re -circulation line present? D D ■ D
Is lagoon free of excessive floating materials? ■ D D D
# Are baffles between ponds or effluent baffles adjustable? D D ■ D
Are dike slopes clear of woody vegetation? ■ D Q D
Page # 4

PP
Permit: NCO051918
Inspection Date: 03/11/2008
Flow Measurement - Effluent
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
(If units are separated) Does the chart recorder match the flow meter?
Comment: ISI, Inc. last calibrated flow instrumentation on 7.13.2007.
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
Comment:
Yes No NA NE
■nn❑
Yes No NA NE
Page # 6

Permit: NC0051918
Inspection Date: 03/11/2008
Lagoons
Are weeds controlled around the edge of the lagoon?
Are dikes free of seepage?
Are dikes free of erosion?
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
Are dikes free of burrowing animals?
# Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations?
# If excessive algae is present, has barley straw been used to help control the growth?
Is the lagoon surface free of weeds?
Is the lagoon free of short circuiting?
Comment: The settling lagoon was being cleaned by Bionomics at the time of the
inspection. Resultant solids are disposed of at the county landfill. The facility is
pursuing additional settling lagoons, as the current lagoon is not adequate.
De -chlorination
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment: Sodium thiosulfate is used for dechlorination.
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment: The receiving stream appeared unaffected by the discharge at the time of
the inspection.
Flow Measurement - Effluent
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
"IN
Yes No NA NE
■nnn
■nnn
■nnn
■nnn
nn■n
nn■n
■nnn
■nnn
nn■o
n n ■ n
■nnn
■ n n n
■nnn
Page # 5

NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Michael F. Easley, Governor
November 21, 2007
Gary E. Downs
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090-0788
Resources
William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
Subject: Renewal Notice
NPDES Permit NC0051918
Cleveland County WTP
Cleveland County
Dear Permittee:
Your NPDES permit expires on August 31, 2008. Federal (40 CFR 122.41) and North Carolina (15A
NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior
to expiration of the current permit. If you have already mailed your renewal application, you may
disregard this notice.
To satisfy this requirement, your renewal package must be sent to the Division postmarked no later
than March 4, 2008. Failure to request renewal by this date may result in a civil assessment of at least
$500.00. Larger penalties maybe assessed depending upon the delinquency of the request.
If any wastewater discharge will occur after August 31, 2008, the current permit must be renewed.
Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1;
unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day.
If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact
me at the telephone number or address listed below.
Use the enclosed checklist to complete your renewal package. The checklist identifies the items you
must submit with the permit renewal application. If you have any questions, please contact me at the
telephone number or e-mail address listed below.
Sincerely,
Charles H: Weaver, Jr.
NPDES Unit
cc: Central Files
.D
.ES File'
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone], extension 511 / FAX [phone] / [e-mail]
NorthCarohna
Naturally
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

NPDES PERMIT NCO051918
CLEVELAND COUNTY WTP
CLEVELAND COUNTY
The following items are REQUIRED for all renewal packages:
O A cover letter requesting renewal of the permit and documenting any changes at the facility since
issuance of the last permit. Submit one signed original and two copies.
o The completed application form (copy attached), signed by the permittee or an Authorized.
Representative. Submit one signed original and two copies.
o If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares
the renewal package, written documentation must be provided showing the authority delegated to any
such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit).
o A narrative description of the sludge management plan for the facility. Describe how sludge (or other
solids) generated during wastewater, treatment are handled and disposed. If your facility has no such
plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed
original and two copies.
The following items must be submitted by any Municipal or Industrial facilities discharging
process wastewater:
Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal
Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a
Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21.
The above requirement does NOT apply to privately owned facilities treating 100%
domestic wastewater, or facilities which discharge non process wastewater (cooling
water, filter backwash, etc.)
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee required with your
application package.
Send the completed renewal package to:
Mrs. Dina Sprinkle
NC DENR / DWQ / Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617

TOWN MAYOR CLERK MONTHLY MEETING ATTORNEY
WACO
FONDA CAPPS BRITTAIN
BONNIE DEDMON
3RD MONDAY OF EVERY
A. SUSAN BIGGERS
(TOWN HALL ADDRESS)
P O BOX 249
MONTH @ 7:OOPM
P O BOX 458
200 A.W. BLACK ST.
WACO, NC 28169
THE TOWN HALL
SHELBY NC 28151-0458
P O BOX 249
PHONE: (W) 704-435-1703
704-482-7300
WACO, NC 28169
(H) 704-435-6131
PHONE: [phone]
Cyt37VD„.
(GL�`YDE SMIi iH, jRW—1
1�p{-
MICHELLE ALEXANDER
2ND TUESDAY EACH`'
TIM MOORE
435 LAWNDALE-CASAR Rq
.., y
OFFICE MANAGER
MONTH @ 7:00 P.M. @
ATTORNEY AT LAW, PA
P BOX 788
l'tt`' J
P O BOX 788
CCWD OFFICE:
305 EAST KING STREET
WNDALE, NC 28090
LAWNDALE NC 28090
435 LAWNDALE-CASAR RD
KINGS MOUNTAIN, NC 28086
PHONE: [phone]
704-538-9033
PHONE: [phone]
FAX: [phone]
CLEVELAND COUNTY
BRUCE BOYLES
KELLY S. BRIDGES
2ND AND 4TH MONDAY
THARRINGTON SMITH
SCHOOLS
130 S POST RD SUITE #2
ADMINISTRATIVE ASSISTANT
EACH MONTH @7:00 P.M.
P O BOX 1151
SHELBY, NC 28152
PHONE: [phone]
OFFICE OF SCHOOL READINESS
RALEIGH NC 27602
PHONE: [phone]
124 SOUTH POST ROAD
CC SOIL AND WATER
W. BRYON MCMURRY
AMBER PHILBECK
2ND THURSDAY
CONSERVATION
844 WALLACE GROVE ROAD
(SECRETARY)
EACH MONTH @5:15 P.M.
DISTRICT
SHELBY, NC 28150
PONE: 704-471'-0235 EXT 3
AT USDA SERVICE CENTER
PHONE: [phone]
844 WALLACE GROVE RD
SHELBY, NC 28150
CC COMMISSIONERS
KERRI MELTON, CLERK
APRIL CROTTS, DEPUTY CLERK
1STAND 3RD TUESDAYS
BOB YELTON
CC MANAGERS OFFICE
CC MANAGERS OFFICE
EACH MONTH @6:00 P.M.
YELTON, FARFOUR & LUTZ,P.A.
311 E MARION STREET
PHONE: [phone]
COMMISSIONER'S CHAMBERS
211 S. WASHINGTON STREET
P O BOX 1210
IN CHARLIE HARRY
SHELBY, NC 28150
SHELBY, NC 28151
COUNTY ADMINISTRATION
704-482-7718
BUILDING
311 E. MARION STREET
Page 4 of 4
1 /29/2010

ILPN9►
MAYOR
CLERK
MONTHLY MEETING ATTORNEY
COUNCIL CHAMBERS
Page 3 of 4 1/29/2010

TOWN MAYOR CLERK MONTHLY MEETING ATTORNEY
KINGSTOWN
DAVID LATTIMORE, MAYOR
GLORIA HAYNES
2ND MONDAY EACH
JONI SMITH
1502 WILLIAMSON ROAD
TOWN CLERK
MONTH @ 7:OOPM
215 S WASHINGTON ST
KINGSTOWN, NC 28150
2019 KINGSTON RD
AT THE TOWN HALL
SHELBY NC 28150
PHONE: [phone]
SHELBY NC 28150
2014 KINGSTON RD
704-481-0233
704-974-1886
KINGSTOWN NC 28150
LATTIMORE
ALTON BEAL
PATRICIA MCSWAIN
2ND MONDAY EACH
TOM MARTIN
(TOWN HALL ADDRESS)
P O BOX 272
MONTH @ 7:30PM
212 S DEKALB ST
120 CHERRY ST
LATTIMORE, NC 28089
AT THE TOWN HALL
SHELBY NC 28150
P O BOX 272
PHONE: [phone]
704-482-4441
LATTIMORE, NC 28089
OR 704-434-2620
PHONE: [phone] OR 4343-0569
LAWNDALE
RICKY GENE GARVER
NANCY C. MARSHALL
2ND THURSDAY EACH
TOM MARTIN
(TOWN HALL ADDRESS)
P O BOX 256
MONTH @ 7:00PM
212 S DEKALB ST
207 W MAIN ST
LAWNDALE, NC 28090
AT TOWN HALL
SHELBY NC 28150
P O BOX 256
PHONE: [phone]
TOWN HALL PHONE
704-482-4441
LAWNDALE, N.C. 28090
MON,TUE,WED,THU
NUMBER: 704-538-3146
PHONE: [phone]
9-12, 2-5 P.M. closed FRI
FAX-704-538-3145
MOORESBORO
ROY WHITAKER, SR. INTERIM MAYOR
TRACY LAHRMER
2ND MONDAY EACH
(TOWN HALL ADDRESS)
P O BOX 355
MONTH @ 7:30PM
P O BOX 355
MOORESBORO, NC 28114
AT THE WOMENS' CLUB
MOORESBORO, N.C. 28114
PHONE: [phone]
BEHIND OLD GYM
PHONE: (H) 704-434-9443
PATTERSON SPRINGS
BOBBY BIGGERS
BOBBY R. HORTON, JR
1ST MONDAY EACH
DEATON,& BIGGERS ,PLLC
123 BIGGERS RD
1909 CREEKRIDGE ROAD
MONTH @ 6:00 P.M.
402 E GRAHAM ST(P O BOX 458)
GROVER, NC 28073
SHELBY, NC 28152
AT TOWN HALL
SHELBY NC 28150
PHONE: [phone]
PHONE: [phone]
1709 SOUTH POST ROAD
704-482-7300
POLKVILLE
JACK B. SITYTLE
VICKY BLANTON
1ST THURSDAY EACH
DEATON,& BIGGERS, PLLC
(TOWN HALL ADDRESS)
3743 ELLIOTT CEMETARY RD
MONTH @ 7:OOPM
402 E GRAHAM ST
P O BOX 146
SHELBY NC 28150
AT TOWN HALL
SHELBY NC 28150
POLKVILLE NC 28136
PHONE: [phone]
704-482-7300
PHONE: [phone]
SHELBY
TED ALEXANDER
RICK HOWELL
1ST & 3RD MONDAYS
ROBERT W. YELTON
.409 BEAUMONDE AVENUE
CITY MANAGER
EACH MONTH @ 6:00 P.M.
P O BOX 1329
SHELBY, NC 28150
PHONE: [phone]
1st MONDAY @ UTILITY
SHELBY NC 28151
PHONE: [phone]
BERNADETTE PARDUSKI
OPERATIONS CENTER
704-482-7718
CITY CLERK
ASSEMBLY ROOM
3RD MONDAY @ CITY HALL
Page 2 of 4
1 /29/2010

TOWN
MAYOR
CLERK
MONTHLY MEETING
ATTORNEY
BELWOOD
DEBBIE HOYLE
LORENE RICHARDS
1 ST TUESDAY EVERY
TOM MARTIN
1206 BELWOOD-LAWNDALE RD
916 BELWOOD-
MONTH @ 7:OOPM
212 S DEKALB ST
LAWNDALE, NC 28090
LAWNDALE RD
TOWN HALL
SHELBY NC 28150
PHONE: [phone]
LAWNDALE, NC 28090
FAX # [phone]
704-482-4441
PHONE: [phone]
BOILING SPRINGS
MAX HAMRICK
ZACK TROGDON
1ST TUESDAY EVERY
JOHN SCHWEPPE III
(TOWN HALL ADDRESS)
TOWN MANAGER
MONTH @ 7:00 P.M.
THE SCHWEPPE LAW FIRM
145 S MAIN ST
PHONE: [phone]
TOWN HALL
211 E WARREN ST
P O BOX 1014
KIM GREENE
SHELBY NC 28150
BOILING SPRINGS, NC 28017
TOWN CLERK
704-487-7204
PHONE: [phone]
PHONE: [phone]
CASAR
EDDIE G WALKER
MELODY ROBERTS
2ND TUSEDAY EVERY
DAVID SCHWEPPE
(TOWN HALL ADDRESS)
P O BOX 1014
MONTH @ 7:OOPM
211 E WARREN ST
137 DEVINEY ST
SHELBY NC 28151-1014
AT THE CASAR PARK HUT
SHELBY NC 28150
P 0 BOX 1014
PHONE: [phone]
704-487-7204
SHELBY NC 28151
EARL
MAX HOPPER
JEFF SERZAN
4TH MONDAY EVERY
P O BOX 40
P. 0. BOX 201
MONTH @ 7:00 P.M.
EARL, NC 28038
EARL, NC 28038
AT THE TOWN HALL
PHONE: [phone]
704-382-6157 OR
704-621-6323
FALLSTON
WILLIAM DANIEL CLAY
MARY BOGGS
1ST TUESDAY EVERY
DEATON,& BIGGERS PLLC
P 0 BOX 122
P 0 BOX 473
MONTH @ 7:OOPM
402 E GRAHAM ST
FALLSTON, NC 28042
FALLSTON, NC 28042
AT TOWN HALL
SHELBY NC 28150
PHONE: (H) 704-538-3024
PHONE: [phone]
704-482-7300
(W) 704-482-7316
GROVER
ROBERT SIDES
TRICIA M WILLIS
1ST MONDAY EVERY
"MICKEY" CLAYWARD CORRY
(TOWN HALL ADDRESS)
P. 0. BOX 189
MONTH @ 6:OOPM
P 0 BOX 920
P O BOX 189
GROVER, N.C. 28073
AT TOWN HALL
KINGS MOUNTAIN NC 28086
GROVER, NC 28073
PHONE: [phone]
704-739-3696
PHONE: [phone]
KINGS MOUNTAIN
RICK MURPHREY, JR
MARILYN SELLERS
LAST TUESDAY EACH
CLAYWARD C. CORRY
(CITY HALL ADDRESS)
CITY MANAGER
MONTH @ 6:00 P.M.
P 0 BOX 920
P 0 BOX 429
PHONE: [phone]
APRIL, MAY, JUNE @6:00PM
KINGS MOUNTAIN NC 28086
KINGS MOUNTAIN, NC 28086
ANN SESSOM
AT TOWN HALL
704-739-3696
PHONE: [phone]
( CITY CLERK)
101 W GOLD STREET
PHONE: [phone]
Page 1 of 1/29/2010
11

4a
Allocco, Marcia
From:
Weeden, Jovonah
Sent:
Tuesday, August 04, 2009 8:12 AM
To:
Krebs, Rob
Cc:
Allocco, Marcia
Subject:
Civil Penalties
Rob
The following civil. penal.ty(ics) have been paid and closed out for your region Yesterday:
Case #:
LM-2009-0031
Permit#:
NCO076066
Closed Date:
08/03/2009
Facility:
Long Creek WWTP
Check-11:
061289
Aniount:
$1,035.30
Case
D*V-2009-0020
PerIniIIq--:
WQCS00190
Closed Date:
08/03/2009
Facility:
Oakboro Collectiod System
Check4:
21.77
Amount:
$1,096.35
Case #:
LAII-2009-0033
Pemiit#:
NC0047091
Closed Date:
08/03/2009
Facility:
Sfiver Maples Community
Check#:
000593
Amount:
$383.64
�Case #:
LR.-2009-0007_
NCO051918
Closed Date:
LR-2009-0007
Facility:
Cleveland County WTP
Check-#:
43403
Amount:
sijwwo
Case #:
LN7-2009-0204
pennit#:
NC00740.11
Closed Date:
08/03/2009
Facility:
Forney Creek WWTP
Check-ft:
023064
Amount:
$1,085.30
1

PF pppp-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director , Secretary
June 25, 2009 � �• 4kf' `x
CERTIFIED MAIL 7007 0710 0000 5376 5392
RETURN RECEIPT REQUESTED JUN 2 9 2009
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788
Lawndale, NC 28090
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Case Number LR-2009-0007
Cleveland County
Dear Mr. 011is:
This letter transmits notice of a civil penalty assessed against the Cleveland County Sanitary District in
the amount of $1,100.00 ($1,000.00 civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts: the April 2009 discharge monitoring report (DMR)
was not filed with the Division of Water Quality within the thirty (30) day reporting period in
accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice
of Violation (NOV) was sent to you dated February 18, 2008 (received by you on February 21, 2008),
for failure to submit the November 2007 discharge monitoring report (DMR) in a timely manner.
Within said NOV, you were informed that future reports not received within the required timeframe
would result in a recommendation for assessment of civil penalties. A $600.00 civil penalty was sent to
you dated May 29, 2008 for failure to submit the March 2008 DMR in a timely manner. A $1,100.00
civil penalty was assessed on September 23, 2008 for untimely submittal of the July 2008 DMR.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary District
violated or failed to act in accordance with the requirements of NPDES Permit NCO051918 and G.S.
143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person
who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65.
The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S.
143-282.1(b)(8):
Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to
me by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I hereby make the following civil penalty assessment against the Cleveland
County Sanitary District:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service:1-877-623.6748
Internet: www.ncwaterquality.org AmarallyAn Equal Opportunity 1 Affirmative Action Employer

Mr. Lanny 011is
LR-2009-0007
p. 2
000,00
$ 100 . O000
Ki
for failing to submit the April 2009 Discharge Monitoring Report as required
by NPDES Permit NCO051918 and G.S. 143-215.65.
Investigation Costs
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 Facts and Conclusions of Law and have considered each and every specific factor 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 public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the 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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

PFPPP
Mr. .anny 011is
LR-2009-0007
p. 3
2. Submit a written request for remission or mitigation including a detailed justification
for such request.
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. 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 that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information submitted in support of your request for remission and inform you of his
decision in the matter. Depending on the outcome of his review, his response will
provide details regarding case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director
and therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
OR

Mr. Lanny 011is
LR-2009-0007
p. 4
Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Ms. 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 days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact me at [phone], or via e-mail to
[e-mail].
Sincerely,
.0',��/
Robert L. Sledge
Attachments
cc S.u.la� water 1?ro ecton latttthienCs
Enforcement File w/attachments
Central Files w/attachments

pp-pppr-
STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
CLEVELAND COUNTY SANITARY DISTRICT)
NPDES PERMIT NCO051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR-2009-0007
Having been assessed civil penalties totaling $1,100.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 25, 2009, the undersigned, desiring
to seek remission of the civil penalties, 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 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
ADDRESS
Telephone
e-mail
200.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2009-0007 County: Cleveland
Assessed Party: Cleveland County Sanitary District
Permit Number: NCO051918 Amount Assessed: $1,100.00
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:

RCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 16, 2009
CERTIFIED MAIL 70071490 0004 4510 3289
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Case No. LM-2009-0011
Dear Mr. 011is:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $483.64 ($400.00 civil penalty + $83.64 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for November 2008. This review has shown the subject facility to
be in violation of the discharge limitations and monitoring requirements found in NPDES Permit
No. NC0051918. The violations are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County
Sanitary District violated the terms, conditions, or requirements of NPDES Permit No.
NCO051918 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent
shown in Attachment A. A civil penalty may be assessed in accordance with the maximums
established by G.S. 143-215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against the Cleveland County Sanitary District:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 NorthCarolhia
Internet: www.ncwaterquality.org l
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycledil0%o Post Consumer paper Nat" malli/l�

$ 100.00 For 1 of the one (1) violation of G.S. 143-
215. 1 (a)(6) and NPDES Permit No. NC0051918, by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for total suspended solids.
$ 250.00 For 1 of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0051918, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for total suspended solids.
$ 25.00 For 1 of the one (1) failure to monitor for total
flouride in violation of the terms of NPDES Permit
No. NC0051918.
$ 25.00 For 1 of the one (1) failure to monitor for
ammonia -nitrogen in violation of the terms of
NPDES Permit No. NC0051918.
$ 400.00 TOTAL CIVIL PENALTY
$ 83.64 Enforcement costs.
$ 483.64 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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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:

V,
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
2. Submit a written request for remission 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
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 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 G.S. 14313-
282.1(b) were 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 information presented in support of your request for remission
must be submitted in writing. The Director 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 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
"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
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]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel

V.
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 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. If you have my questions
about this civil penalty assessment or a Special Order by Consent, please contact the Water
Quality Section staff of the Mooresville Regional Office at [phone].
glib o5
(Date)
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rb/ma

, IN
ATTACHMENT A
CASE NO. LM-2009-0011
Outfall
Date
Parameter
Reported Value
Permit Limit
001
11/5/08
Total suspended solids
72.1 mg/L*
45.0 mg/L (Daily maximum)
001
11/30/08
Total suspended solids
39.1 mg/L*
30.0 mg/L (Monthly average)
001
11/30/08
Total fluoride
None*
Monitor lx/month
001
11/30/08
Ammonia -nitrogen
None*
Monitor Ix/month
* Denotes civil penalty assessment

V.
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY SANITARY ) STIPULATION OF FACTS
DISTRICT )
PERMIT NO. NCO051918 )
FILE NO. LM-2009-0011
Having been assessed civil penalties totaling $483.64 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 16, 2009, the undersigned,
desiring to seek remission of the civil penalties, 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 30 days of receipt of the notice of assessment. No hew 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 , 2009
BY
ADDRESS
TELEPHONE

'14
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2009-0011
Assessed Party: The Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $483.64
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver ofRight to an Administrative Hearing and Stipulation ofFacts"
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: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator: Cleveland County Sanitary District
Facility: Cleveland County WTP
County: Cleveland
Case Number: LM-2009-0011
Permit Number: NC0051918
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;
The total suspended solids (TSS) concentration of 72.1 mg/L on November 5, 2008,
exceeded the daily maximum permit limit of 45.0 mg/L. This resulted in an exceedance
of the monthly average permit limit of 30.0 mg/L (39.1 mg/L).
The NC0051918 permit requires that total fluoride and ammonia -nitrogen be monitored
once per month and they were not monitored during November 2008.
2) The duration and gravity of the violation;
The TSS concentration on November 5, 2008, exceeded the daily maximum permit limit
by 60.2% and the monthly average permit limit by 30.3%.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as TSS concentrations were not
determined in -stream. Increased suspended solids (turbidity) can decrease the depth to
which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it
can interfere with the oxygen uptake in organisms such as fish.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully
or intentionally. The permittee notes that the violation was caused by a pipe failure from
the sludge lagoon.

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 15 other Limit Violation CPA against the Cleveland County Sanitary
District for Cleveland County WTP during the life of the permit with two CPAs issued in
the past twelve months as detailed below.
Case Number
Description
LR-2008-0018
$1,100 -late reporting of July 2008 DMR. Penalty aid in full.
LR-2008-0008
$600 - late reporting of March 2008 DMR. Penalty paid in full.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office was $83.64.
3 r� 6
Date
("-*-/L ti tom.
RO Supervisor
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Permit NC0051918 l -, MRs Bet
Facility Name % ,' PararilI
PERMIT: NCO051918 F CILITY: Cleveland County Water - Cleveland County WTP
Limit Violation
MONITORING OUTFALL/
REPORT PPI LOCATION
11 -2008 002 Effuent
11-2008 002 Effluent
I%Annifnrinn Violation
MONITORING OUTFALL/
REPORT PPI LOCATION
11-2008 002 Effluent
11-2008 002 E-Muent
Reoortino Violation
Report Date: 03/12/09 Page: 1 of 1
Program Category:
Violation Action: %
COUNTY: Cleveland REGION: Mooresville
VIOLATION
DATE
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE VIOLATION TYPE
VIOLATION ACTION
PARAMETER
FREQUENCY
11/05/08 2 X month
mg/I
45 72.1 �LQ•, Daily Maximum Exceeded
None
Solids, Total Suspended
39.1 �Q• :7 Monthly Average Exceeded
None Ciao -
Solids, Total Suspended
11/30/08 2 X month
mg/I
30
VIOLATION
DATE FREQUENCY
UNIT OF CALCULATED
MEASURE LIMIT VALUE
VIOLATION TYPE
VIOLATION ACTION
PARAMETER
Fluoride, Total (as F)
11/30/08 Monthly
mg/I
Frequency Violation
None
j Nitrogen, Ammonia Total (as
11/30/08 Monthly
mg/l
Frequency Violation
None
N)
I
I
MONITORING OUTFALL/
REPORT PPI LOCATION PARAMETER
11 -2008
VIOLATION UNIT'OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION
12/31/08 Late/Missing DMR No Action, BPJ
�y-

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
MEMORANDUM
TO: B. Sledge
FROM: M. Allocco
THROUGH: R. Krebs
DATE: May 6, 2009
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0042293
Cleveland County Sanitary District WTP
Cleveland County
Case Number LM-2009-0011
Dee Freeman
Secretary
MRO staff has reviewed the subject request for remission. The permittee contends that "one or
more of the civil penalty assessment factors in N.C.G.S. 143-B-282.1(b) were wrongfully applied to the
detriment of the petitioner." Specifically the permittee notes that the penalty for failure to monitor
ammonia -nitrogen ($25.00) does not apply to the Cleveland County Sanitary District WTP because
quarterly monitoring is required only if chloramination is utilized for disinfection of the potable water
and chloramination is not used as the permitted facility.
MRO supports rescission of the $25.00 civil assessment for failure to monitor ammonia -nitrogen.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity1 Affirmative Action Employer— 50% Recycled(10% Post Consumer paper
NorthCarolina
;VatimallJ

S4 ®
NC®EN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box �788
Lawndale, NC 28090
Dear Mr. 011is:
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
r:
Subject: Remission Request of Civil Penalty Assessment rN?
Cleveland County Sanitary District WTP , i (, "CIU ,
NPDES Permit NCO051918
Case Number LM-2009-0011
Cleveland County
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
facility. Your request will be scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact me at [phone] 'or via e-mail at
bob. sledge @ ncmail-net.
Sincerely,
Bob Sledge, Environmental Specialist
Point Source Branch
cc: Mooresville Regional Office w/attachments
Enforcement File w/originals
Central Files w/attachments
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone] \ FAX: [phone] Customer Service: 1-877.623-6748
Internet: www.ncwaterquality.org Nodurd4
An Equal Opportunity \ Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
O-F_-CIVIL_P_ENAL-T_Y_AGAINST. }—.—ADNIINISTRATI-VE-HEARING AND-- ----
CLEVELAND COUNTY SANITARY ) STIPULATION OF FACTS
DISTRICT )
PERMIT NO. NCO051918 )
FILE NO. LM-2009-0011
Having been assessed civil penalties totaling $483.64 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 16, 2009, the undersigned,
desiring to seek remission of the civil penalties, 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 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 P p r, ' I 52009
BY
RECEIVED
APR - 3 2009
DENR - WATER QUALITY
POINT SOURCE BRANCH
ADDRESS
C(e v e 6wi d Co y n ty l0 a+e,r
Po 60x 79'(�
La co o d a (e NC 296 9 D
TELEPHONE
764 - 53 9 - 9633

JUSTIFICATION FOR REMISSION REQUEST
D`VQ Case Number: LM-2009-0011
Assessed Party: The Cleveland County Sanitary District
------._-----_.�-------------.-------.-------
Permit Number: NC0051918
Amount Assessed: $4 3,64 d ?.5°-9 -Per -Pa i lure to mono+or JPor ammo✓j;a - n i+ronerl ,
-rkj'S does no+ &pP14 -+® GevelarV3 attn-y Wa-6-r, See, nab bel®w.
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver o Right to an Administrative Hearing and Stipulation ofFacts"
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); d rNder� rooi notes : Q %a n-t erl-A Ma r%;'to e� n g i s regal Pej cnl,4 i F
Chlarafn;na-t16M is, �liztd, ClevabrACokn-ty t3ai-erdoeS no+use Chlcr mina+ion
�V. ro re, the ci V I I yea( 4laS Wf-onyully apPIF@a.
�b) the violator promp ly abated con nuing enviromnental 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 penaltyprevent payment for the remaining necessary
remedial actions (i. e., explain how payment ofthe civil penalty will prevent you from performing the
activities necessary to achieve compliance).
,EXPLANATION: (use additional pages as necessary)

A�4
���
NC®ENR
North Carolina Department of Environment'and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director ec
/ M i 2 1 2009.
H F,.
CERTHFIIED MAIL 7007 0710 0000 5376 5309
RETURN RECEIPT REQUESTED
MAY 2 6 2009
Mr. Lanny B. 011is.
Cleveland County Sanitary District , ; .4k.
P. O. Box 788 M Surface ater Piu ii(;H in
Lawndale, NC 28090
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO051918
Cleveland County Sanitary District WTP
Cleveland County
Case Number LM-2009-0011
Dear Mr. 011is:
I have considered the information submitted in support of your request for remission in accordance with
G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $483.64 to the
total amount of $458.64.
If you choose to pay the modified penalty, send payment to me at the letterhead address within thirty
(30) days of receipt of this letter. Please make your check payable to the Department of Environment
and Natural Resources (DENR).
If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. §
143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my
recommendation -(with supporting documentation) will be delivered to the North Carolina
Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the
attention of Bob Sledge at the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarohfia
Phone: [phone] \ FAX: [phone] \ Customer Service:1-877-623.6748
Internet: www.ncwaterquality.org NatmallyAn Equal Opportunity \ Affirmative Action Employer

Mr. Lanny B. 011is
LM-2009-0011 Remission Decision
p• 2 '
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
he.Chakrman apd, .if it is. determined;
hat there is a compelling reason to require an oral presentation from
ypu,, you will be notified by certified mail of the date, time, and place that your oral presentation can be
made. Otherwise, the final decision on your request for rernissiori will be made by the Committee based
on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Bob Sledge at [phone].
Since ly,
oleen H. Sullins
attachments
cc C :� 'o v' l%Region e-fib�
Enforcement file
Central Files

DWQ - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
•Case Number: LM-2009-0011 Region: Mooresville County: Cleveland
Assessed Entity: Cleveland Co. San. Dist. (Cleveland Co. WTP) Permit: NCO051918
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
Facility notes it was wrongly cited for a monitoring violation. The WTP does not use chloramines and
therefore monitoring for ammonia nitrogen is not required.
The facility is correct in its interpretation of the ammonia monitoring requirement. The permit text was
unclear and is being corrected to reflect the circumstances at the facility. Remission in this matter
pertains only to the ammonia citation — the only issue brought up by the permittee in his request.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ R ain Enforcement Costs? Yes No ❑
Partial Remission 2 (Enter Amount)
Co en H. Sullins V V Ate
Rev. 7/2007

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Mflltovallm MW
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File Tasks Queries Administration Help
T Ca"e k
Pa
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-Payme t Petition r Co
i-lipl
Summary. — Related Violations f Penalb/Assessed Review
2
7
I
MCI;
ELI
- Save
Case Number:-ILM-2009-0011.1 NOV I
Permit: INCO051918 S 0 C:' [= AD: 11-2008 Monitoring Report: etIs..,
Facility: lClevelan'd CountywTP Details... Region: IMooresville County: Cleveland
Owner: Cleveland Coun1yWater Incident: Details Inspect Dt: I0710612007 r �ta zL�.,
CentralOffice Login Date: Comments:
CentralOffice Contact: El
Regional Contact: `A1191cpMarcia
Enforcement Cont I act. Lanny B 011is Salutation for Letter:
Penalty Assessed Date'. '103M Z2009 Remission Request'. 0410112009 EMC Hearing Date:
Letter Date; FO 3/1612 0 09 Remission Acknowledged: 10410312009 j Remission Amount:
Penalty Amount:'- $400,00 Enf. Conf. Date: 1050f2009 j EMC Results Received:
Damages: Remission Amount: $25,00
Enforcement Cost: $83.64 Enf. Conf. Letter Date: 0512112009 Petition in OAH:
Total Case Penalty: 1$483.64 Facility Rcvd. Enf. Conf. Ltr.: Remission Amount:
_TotalAmountDue'- Case to Collection:
Facility Received F&D: 1031l 7f2009
Response Due By: 0411612009 ''.Total - Amount Paid: Ft�5 6 4- Settlement Requested:
—G:7as9-Closed:j6GT2 2009
Back Finish Cancel
N ext
dy
[Page 1f1 SID: EN03
nd&
lert,

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 27, 2008
LANNY B OLLIS
ORC
CLEVELAND COUNTY WATER
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LR-2008-0018
Cleveland County
Dear Mr. 011is:
Coleen H. Sullins, Director
Division of Water Quality
� �+ 4i i s- ; ;1�+•,aN �Ir ace � �°
OCT 2 9 2003
Dill -Surf - s � � �.
r
.c7 r/�� 1
This letter is to acknowledge receipt of check number 41492 in the amount of $1,100.00 received
from you dated October 17, 2008. This payment satisfies in full the above civil assessment
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 Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
Sincerely,
Dina Sprinkle
cc: Central Files
Qaa�tryil°le Regional Office Supervisor
Mailing Address Phone [phone] Location NorthCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. atttl+711Y
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwaterauality.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

O�O�W . A
i
co
r
O �C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 23, 2008
CERTIFIED MAIL 7003 0500 0002 6819 3781
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is.
Cleveland County Sanitary District
P. O. Box 788
Lawndale, NC 28090
Coleen H. Sullins, Director
Division of Water Quality
S EP 2 6 2008
NIQ-Surfalce Water
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Case Number LR-2008-0018 .
Cleveland County
Dear Mr. 011is:
This letter transmits notice of a civil penalty assessed against the Cleveland County Sanitary District in
the amount of $1,100.00 ($1,000.00 civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts: the July 2008 discharge monitoring report (DMR)
Was not filed with the Division of Water Quality within the. thirty (30) day reporting period in.
accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice
of Violation (NOV) was sent to you dated February 18, 2008 (received by you on February 21, 2008),
for failure to submit the November 2007 discharge monitoring report in a timely manner. Within said
NOV, you were informed that future reports not received within the required timeframe would result in
a recommendation for assessment of civil penalties. A $600.00 civil penalty was sent to you dated May
29, 2008 for failure to submit the March 2008 discharge monitoring report in a timely manner. This
penalty has been paid, but a DMR for March 2008 has not yet been submitted.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary District
violated or failed to act in accordance with the requirements of NPDES Permit NCO051918 and G.S.
143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person
who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65.
The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and.G.S.
143-282. 1 (b)(8).
Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to
me by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I hereby make the following civil penalty assessment against the Cleveland
County Sanitary District: Nortncarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newate[quality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

r-
Cleveland County Sanitary District
LR-2008-0018
p. 2
$ 6 000,00
$ /00. 00
$ /�/00..00
for failing to submit the July 2008 Discharge Monitoring Report as required
by NPDES Permit NCO051918 and G.S. 143-215.65.
Investigation Costs
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 Facts and Conclusions of Law and have considered each and every specific factor 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 public health, or to private.
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the 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:
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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Cleveland County Sanitary District
LR-2008-0018
p. 3
2. Submit a written request for remission or mitigation including a detailed justification
for such request.
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. 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 that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detrimerit'of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information submitted in support of your request for remission and inform you of his
decision in the matter. Depending on the outcome of his review, his response will
provide details regarding case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director
and therefore, -it is very important that you prepare a complete and thorough statement in
support of your request for remission.

Cleveland County Sanitary District
LR-2008-0018
p. 4
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Ms. 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 days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact me at [phone], or via e-mail to
[e-mail].
Sincerely,
Robert L. Sledge
Attachments
cc: AB ,t a A ,�t o ect o ter/ t l e; is
Enforcement File w/attachments
Central Files w/attachments

7:2
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2008-0018 County: Cleveland
Assessed Party: Cleveland County Sanitary District
Permit Number: NCO051918 Amount Assessed: $1,100.00
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 Uplied 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
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
CLEVELAND COUNTY SANITARY DISTRICT)
NPDES PERMIT NCO051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR-2008-0018
Having been assessed civil penalties totaling $1,100.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated September 23, 2008, the undersigned,
desiring to seek remission of the civil penalties, 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.Divisimof Water Quality within 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 , 200_.
BY
ADDRESS
Telephone
e-mail

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 14, 2008
'""IVED
LANNY BOYD OLLIS
CLEVELAND COUNTY SANITARY DISTRICT
PO BOX 788
LAWNDALE NC 28090 J U L 11 6 2008
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment (fit QENR MRO
Cleveland County WTP Permit Number: NCO051918 D,
.SUr%ce Water protection
Case Number: LR-2008-0008
Cleveland County
Dear Mr. 011is:
This letter is to acknowledge receipt of check number 40691 in the amount of $600.00 received
from you dated June 27, 2008. This payment satisfies in full the above civil assessment 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 Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
Sincerely,
AdZ� _,Zp4A�,�
Dina Sprinkle
cc: Central Files
Y1nal Office Supervisor
Mailing Address Phone [phone] Location NOne thCaro) n
1617 Mail Service Center' Fax [phone] N. Salisbury St. litYfj��I��
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newatercivalitv.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recyded/10% Post Consumer Paper

PV
O�O� W A T 4�RQG
r
O `C
0I do
i�
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 29, 2008
CERTIFIED MAIL 70031680 0000 06471531
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788 -
Lawndale, NC 28-090
Michael F. Easley, Governor
Coleen H. Sullins, Director
Division of Water Quality
MAY 3 0 2008
NC DER MnRO
DVS -Surf I-,-,.9 Wckx Protection
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Case Number LR-2008-0008
Cleveland County
Dear Mr. 011is:
This letter transmits notice of a civil penalty assessed against the Cleveland County Sanitary District in
the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts: the March 2008 discharge monitoring report (DMR)
was not filed with.the Division of Water Quality within the thirty (30) day reporting period in
accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice
of Violation (NOV) was sent to you dated February 18, 2008 (received by you on February 21, 2008),
for failure to submit the November 2007 discharge monitoring report in a timely manner. Within said
NOV, you were informed that future reports not received within the required timeframe would result in
a recommendation for assessment of civil penalties.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary District
violated or failed to act in accordance with the requirements of NPDES Permit NCO051918 and G.S.
143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person
who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65.
The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S.
143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to
me by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I hereby make the following civil penalty assessment against the Cleveland
County Sanitary District:
NorthCarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Cleveland County Sanitary District
LR-2008-0008
p. 2
"NN
{y 500.00 for failing to submit the March 2008 Discharge Monitoring Report as
required by NPDES Permit NCO051918 and G.S. 143-215.65.
/ 0 0 , 0 0 Investigation Costs
t 400.00 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 Facts and Conclusions of Law and have considered each and every specific factor 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 public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the 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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

Cleveland County Sanitary District
LR-20B8-0008
p. 3
2. Submit a written request for remission or mitigation including a detailed justification
for such request.
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. 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 that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information submitted in support of your request for remission and inform you of his
decision in the matter. Depending on the outcome of his review, his response will
provide details regarding case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director
and therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
OR

Cleveland County Sanitary District
LR-2008-0008
p. 4
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Ms. 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 days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact me at [phone], extension 547.
Sincerely,
Robert L. Sledge
Attachments
cc: r °uace mate �.ciori . laiace is
Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY SANITARY DISTRICT) STIPULATION OF FACTS
NPDES PERMIT NCO051918
FILE NO. LR-2008-0008
Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 29, 2008, the undersigned, desiring
to seek remission of the civil penalties, 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 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 , 200_.
BY
ADDRESS
Telephone
e-mail

JUSTIFICATION FOR REMISSION REQUEST
!)WQ_Case Number: LR-2008-0008 County: Cleveland
Assessed Party: Cleveland County Sanitary District
Permit Number: NCO051918 Amount Assessed: $600.00
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:

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 28, 2008
CERTIFIED MAIL 970071490 0004 4505 7216
RETURN RECEIPT REQUESTED .
Mr. Lanny 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation - Effluent Limitation
Tracking #: NOV-2008-LV-0190
Cleveland County WWTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the December 2007 self -monitoring report for the subject facility revealed a
violation of the following parameter at Outfall 002:
Date Parameter Reported Value Permit Limit
12/26/07 Total residual chlorine 39 µg/L 28 µg/L (Daily maximum)
Remedial actions, if not already implemented, should be taken to correct any problems.
Since the comments section on the reverse of the relevant Discharge Monitoring Report provided
an explanation for the noted effluent limit violation, it is not requested that a response be
submitted; however, should you have additional information concerning the violations or
comments which you wish to present, please submit them to the attention of Ms. Marcia Allocco.
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 Ms. Allocco of this Office
for additional information.
NCDENR
NoxihCarolina
Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterqualitv.ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Lanny 011is
NOV-2008-LV-0190, Page 2
April 28, 2008
If you have questions concerning this matter, please do not hesitate to contact Ms.
Allocco or me at 704/663-1699.
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
cc: Point Source Branch
Cleveland County Health Department
MA

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 1, 2008
LANNY BOYD OLLIS
CLEVELAND COUNTY SANITARY DISTRICT
PO BOX 788
LAWNDALE NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2008-0061
Cleveland County
Dear Mr. 011is:
Coleen H. Sullins, Director
Division of Water Quality
R
\1V
D
I^ a
�4ay
a
APR 3 2008
NC DER MRO
D W -S r a e Water Protection
This letter is to acknowledge receipt of check number 39955 in the amount of $183.89 received
from you dated March 14, 2008. This payment satisfies in full the above civil assessment 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 Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L. Sledge at 919-733-5083, Ext. 547.
Sincerely,
Dina Sprinkle
cc: Central Files
DWQ1 ov,ifle Regional Office Supervisor
Customer Service
1 800 623-7748
AT!Karohna
Naturally
1617 Mail Service Center Raleigh, NC 27699-1617 [phone]

O?O� VA
T �RQ
February 7, 2008
CERTIFIED MAIL 7006 2760 00018497 6202
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
Post Office Box 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
Michael F. Easley, Governor
William G. Ross Jr_, Secretary r r
North Carolina Department of Environment and Natural Resources— f j I ,
Coleen Sullins. Director I
Division of Water Quality
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County WTP
Cleveland County
Case No. LV-2008-0061
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $183.89 ($100.00 civil penalty + $83.89 enforcement costs) against Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for September 2007. This review has shown the subject facility to
be in violation of the discharge limitations found in NPDES Permit No. NC0051918. The
violations are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Cleveland County Sanitary
District violated the terms, conditions, or requirements of NPDES Permit No. NCO051918 and
North Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in
Attachment A. A civil penalty may be assessed in accordance with the maximums established by
G.S. 143-215.6A(a) (2).
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, Robert B. Krebs, Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against Cleveland County Sanitary District:
W.'AhCarolina
)WA(rally
N_ C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

$ 100.00 For _1_ of the two (2) violations of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0051918, by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for total residual chlorine.
$ 100.00 TOTAL CIVIL PENALTY
$ 83.89 Enforcement costs.
$ 183.89 ' 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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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
No

2. Submit a written request for remission 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
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 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 G.S. 143B-
282. 1 (b) were 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 information presented in support of your request for remission
must be submitted in writing. The Director 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 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
"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 27699-16 17.
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]
A copy of the petition must also be served on DENR as follows:
Ms. 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.

V"
Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment. If the violations are of a continuing nature, not related to
operation and/or maintenance problems, and you anticipate remedial construction activities, then
you wish to consider applying for a Special Order by Consent. If you have M questions
about this civil penalty assessment or a Special Order by Consent, please contact the Water
Quality Section staff of the Mooresville Regional Office at 704/663-1699.
(Date) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
jl

ATTACHMENT A
CASE NO. LV-2008-0061
Outfall
Date
Parameter
Reported Value
Permit Limit
002
9/19/2007
TRC
32 ug/1
28 ug/l
002
9/26/2007
TRC
* 34 ug/l
28 ug/1
TRC = Total Residual Chlorine
* Denotes civil penalty assessment
C

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNT' OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY ) STIPULATION OF FACTS
SANITARY DISTRICT 1
PERMIT NO. NCO051918 )
FILE NO. LV-2008-0061
Having been assessed civil penalties totaling $183.89 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 7, 2008, the undersigned,
desiring to seek remission of the civil penalties, 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 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 I day of , 2008
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: 'LV-2008-0061
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NCO051918
Amount Assessed: $183.89
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofght to an Administrative Hearing and Stipulation o 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: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Cleveland County SanijM District
Facility: Cleveland County WTP
County: Cleveland
Case Number: LV-2008-0061
Permit Number: NCO051918
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;
No harm has been documented; however, residual chlorine in the discharge above permit limits
may be toxic to aquatic life.
2) The duration and gravity of the violation;
The violations occurred during the last two weeks of September 2007.
3) The effect on ground or surface water quantity or quality or on air quality;
No effect is expected on ground water or air quality. Residual chlorine above permit limits may be
toxic to aquatic life.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
No money appears to have been saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful nor intentional.

7)
8)
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
Case Number
Description
LV-2007-0339
TSS violations 6/07, paid $431.50 case closed 9/14/07
The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office was $83.89.
Date RO Supervisor
Division of Water Quality

EFFLUENT
NPDES PERMIT NO. NCO051918
DISCHARGE NO. 00 - MONTHsepYEAR 2007
FAC9LITY NAME: CLEVELAND COUNTY SANITARY DISTRICT `,�ASS: 1 COUNTY: CLEVELAND
OPERATOR IN RESPONSIBLE
CHARGE Lanny B 011is GRADE I PHONE [phone]
CERTIFIED LABORATORIES (1)
#307 SUSPENDED RESIDUE (2) #307 AL Fe (3) WP LAB TURBIDITY CL2 SETTABLE MATTER
CHECK IF ORC HAS CHANGED
PERSON(S) COLLECTING MPLE LANNY OLLIS KENNY DEVENEY AND GARY DOWNS
�j
/� 0
ATTN.: Central Files
/
WATER QUALITY DIVISION
(SIGNA OF O ) BY THIS SIGNATURE, I CERTIFY THAT
Date
1617 MAIL SERVICE CENTER
THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF
RALEIGH NC 27699-1617
f)PT MY KNOWELDGE.
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MONITORING REPORT(MR) VIOLATIONS for: Report Date: 01/29/08 Page: 4 of 14
PERMIT: NCO051918
FACILITY: Cleveland County Sanitary District - Cleveland County
COUNTY: Cleveland
REGION: Mooresville
W TP
Limit Violation
MONITORING OUTFALL /
REPORT PPI LOCATION
PARAMETER
VIOLATION UNIT OF
DATE FREQUENCY MEASURE
LIMIT
CALCULATED
VALUE /,
zp(t?
VIOLATION TYPE VIOLATION ACTION
I
1
09 -2007 002 Effluent
Chlorine, Total Residual
09/19/07 Weekly ug/I
28
32 r-Paily
Maximum Exceeded None
09 -2007 002 Effluent
Chlorine, Total Residual
09/26/07 Weekly ug/I
28
34 21 PDaily
Maximum Exceeded None C7�%
!, '47W7 P97A
W b7 I) C 4-w,
91)4h'-I
PERMIT: NCO066397
FACILITY: Cleveland County Schools - Casar Elementary School
COUNTY: Cleveland
REGION: Mooresville
WWTP
Limit Violation
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
VIOLATION TYPE
VIOLATION ACTION
09 -2007 001
Effluent
Flow, in conduit or thru
09/30/07
Weekly
mgd
0.0066
0.007
Monthly Average. Exceeded
None
treatment plant
PERMIT: NCO020052
FACILITY: Town of McAdenville - McAdenville WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING OUTi=4LL/
REPORT PPI LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
VIOLATION TYPE
VIOLATION ACTION
09 -2007 001
Effluent
Coliform, Fecal MF, M-FC
09/01/07
Weekly
#/100ml
400
600
Weekly Geometric Mean
Exceeded
None
Broth,44.5C
09 -2007 001
Effluent
Coliform, Fecal MF, M-FC
09/29/07
Weekly
#/100ml
400
586.34
Weekly Geometric Mean
Exceeded
None
Broth,44.5C
09 -2007 001
Effluent
Solids, Total Suspended
09/29/07
Weekly
mg/I
45
441
Weekly Average Exceeded
None
09 -2007 001
Effluent
Solids, Total Suspended
09/30/07
Weekly
mg/I
30
110.25
Monthly Average Exceeded
None

CCSD
Cleveland County Water
PO Box 788
Lawndale, NC 28090
[phone] Fax [phone]
TO: Donna Hood
FROM: Lanny OXlis
DATE. 4/10/08
RE: Back ORC Designation form
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04/10/2008 15:00 7045389034 CCSD WATER PLANT PAGE 02/03
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Water Pollution Control System ORC Designation Form
WPCSOCC RECEIVED
NCAC 15A:08C .0201
General Information:
Pexmittee Owner/Officer Name:
Mailing Address: P6 150K -7180
City: L aond a l e -- State: NC "Lip: Z 90 o-
Telephone Number. %( O 4 3,, �s r 0 -�
Signature: �y� �{ { r ,ram Date:ci
j ■■r■*.r.■.■.■r■a■■F.■*■*.■■saass■**■■*rsrrs■as■s■■w.ss■sswsswwrssassssss�
Facility Information:
Facility: LI e-v e f a nd Con n-�y Sa 0 taai Di s+
Permit Number: l C Db al S County: Cl 19- ye- (a n d
! SUBMT A. SEPARATE FORM FOR EACH TYPE OF SY'S'1' M !
Mark (2D Tvne of Facility C fass (1 - 4)
Wastewater Plant _
Physical/Chemical ,r
Collection System _
Class
Spray Irrigation — N/A
Land Application _ NIA
Subsurface N/A
■rs■r■■■arrr■rrrrrrrrrrsrsssssrss��*■■�■■.■■rrrrrrrrrrr.rrr.rrssssrsssrs�
Operator in R osponsible Charge:
T,rint Name: L a n n .y L] r Social Security # : 4-13 - 2 7 - '8 3 5 4-
Certi'Fjcule Type, and Corade: N h yS i` Cd l C 4 e rn i ca i Certificate #: 99- 5 9 4 7
Work Telephone: (70_+ 5.3S- 9Q Signature
- -
rrrrrrrrsrrss■■..............ass**■...■■rr.asssssssrw■■a.■■r■rrr..r.rrrri
Back-Up.Cgw ator in Responsible Charge:
Print Name- 1.3rril U Qea� Social Security It :
Certificate Type and grade: `` - , _ Certificate #: 929s S % %
Work Telephone_ ( 70 4 ) S ?, 4- - 7Z r it Signature: j L°
Mail or. Fax to:
WPCSOCC
1618 bail Service Center
Raleigh, N.C. 276994618
Fax: 919n33-1338
E0/E0 39Vd 1NVId �BiVM QS03 VE068ESb0L 00:9T 800Z/0T/b0

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 18, 2008
CERTIFIED MAIL 7002 0510 0000 5461 6164
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788
Lawndale, NC 28090
SUBJECT: NOTICE OF VIOLATION: NOV-2008-LR-0006
Dear Mr. 011is:
Coleen H. Sullins, Director
Division of Water Quality
NC DEN R 'N �C
M-Surface V de. Prote lon
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Cleveland County
This is to inform you that the Division of Water Quality did not receive your discharge monitoring
report (DMR) for November 2007 in a timely fashion. Water quality regulations require that monthly
monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the
report is made. Failure to submit reports as required will subject the violator to the assessment of a civil
penalty of up to $25,000 per violation. The DMR was received in our Central Files office on February
5, 2008.
This letter additionally provides notice that this office will recommend the assessment of civil penalties
if future reports are not received within the required time frame during the next twelve (12) reporting
months. The Division must take these steps because timely submittal of discharge monitoring reports is
essential to the efficient operation of our water quality programs. We appreciate your assistance in this
matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob
Sledge at [phone], extension 547.
Sincerely,
Susan A. Wilson, Supervisor
NPDES Western Unit
cc: NPDES Enforcement File
l�lU x car'N (11141 e i teal +" I
Central Files
Nor thCarolina
vVatimally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newaterqualitv.orLocation: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

cor
/
Michael F. Easley, Goverpl�rrC ` r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 18, 2008
CERTIFIED MAIL #70071490 0004 4505 6684
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, North Carolina 28090
Subject: . Notice of Violation - Effluent Limitations
Tracking #: NOV-2008-LV-0092
Cleveland County WTP .
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the October 2007 self -monitoring report for the subject facility revealed a
violation of the following parameter for Outfall 002:
Date ; Parameter Reported Value Permit Limit
10/17/07 Total residual chlorine 35 µg/L 28 µg/L (Daily maximum)
The Facility Status was erroneously listed as Compliant on the backside of the Discharge
Monitoring Report — DWQ Form MR-1; this is also a violation subject to an enforcement action.
Remedial actions, if not already implemented, should be taken to correct any problems. Since
the comments section on the reverse of the relevant Discharge Monitoring Report did not provide
an explanation for the noted effluent limit violation, it is requested that a written response to this
Notice be submitted by no later than March 17, 2008. The response should include any
additional information concerning the violation or comments that you wish to present. Please
address your response to the attention of Ms. Marcia Allocco of this Office.
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 -nay wish to
consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office
�additional information.
q � N""o°,h�Carolina
WDENR �vaAma!!y
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.newatergualiiy.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Mr. Lanny O11is
NOV-2008-LV-0092, Page 2
February 18, 2008
If you have questions concerning this matter, please do not hesitate to contact Ms.
Allocco or me at [phone].
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
cc: Point Source Branch
Cleveland County Health Department
MA

0 WAT �qQG
Michael F. Easley, Govern#' �CI4
William G. Ross Jr., Secre
North Carolina Department of Environment and Natural Resources
Coleen Sullins. Director
Division of Water Quality
January 8, 2008
CERTIFIED MAIL 7006 2760 0001 8497 5585
RETURN RECEIPT REQUESTED
Lanny B. 011is
Cleveland County Sanitary District
Post Office Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation - Effluent Limitations
Tracking #1: NOV 2008-LV-0015
Cleveland Sanitary District WWTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the June 2007 self -monitoring report for the subject facility revealed a violation of the
following parameter:
Pipe Parameter Reported Value Permit Limit
002 TRC 36 ug/1 (daily maximum) 28 ug/1(daily maximum)
002 TRC 29 ug/l (daily maximum) 28/ug/1(daily maximum)
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 Mr. John Lesley of this Office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at
704/663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
Cleveland County Health Dept.
jl
NO�ehhCarolina
91 nfrira//ri
N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 29115 [phone] Customer Service
1-877-623-6748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r e Coleen H. Sullins, Director
Division of Water Quality
September 14, 2007
Lanny Boyd 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LR 2007-0024
Cleveland County
.Dear Mr. 011is:
SEP 7 g 2007
P,fecf6®n
This letter is to acknowledge receipt of check number 38685 in the amount of $1,100.00 received
from you dated September 7, 2007. This payment satisfies in full the above civil assessment
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 Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547.
Sincerely,
Dina Sprinkle
cc: Enforcement File #: LR 2007-0024
�'w rfiFlal Office Supervisor
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone]
Customer Service
1 800 623-7748
TWA
Carolina
tu!y

mKV
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 31, 2007
CERTIFIED MAIL 7003 0500 0002 6814 4721
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788 ,n,
Lawndale, NC 28090
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Case Number LR-2007-0024
Cleveland County
Dear Mr. 011is:
This letter transmits notice of a civil penalty assessed against the Cleveland County Sanitary District in
the amount of $1,100.00 ($1,000.00 civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts: the May 2007 discharge monitoring report (DMR)
was not filed with the Division of Water Quality within the thirty (30) day reporting period in
accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice
of Violation (NOV) was sent to you dated August 1, 2006 (received by you on August 2, 2006), for
failure to submit the May 2006 discharge monitoring report. Within said NOV, you were informed that
future reports not received within the required timeframe would result in a recommendation for
assessment of civil penalties. Subsequent to your receipt of the NOV, you were assessed a civil penalty
in the amount of $1,100.00 for failing to submit the August and September 2006 DMRs in a timely
manner.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary District
violated or failed to act in accordance with the requirements of NPDES Permit N00051918 and G.S.
143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person
who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65.
The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S.
143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to
me by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I hereby make the following civil penalty assessment against the Cleveland
County Sanitary District: NOne
Natura!!k
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Cleveland County Sanitary District
LR-2007-0024
p. 2
000 for failing to submit the May 2007 Discharge Monitoring Report as required
by NPDES Permit NCO051918 and G.S. 143-215.65.
$ /00.00
$ /j /00 , 00
Investigation Costs
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 Facts and Conclusions of Law and have considered each and every specific factor set out in
G.S. 14313-282.1(b), which are
(1) The degree and extent of harm to the natural resources of the State, to public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the 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:
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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Ppp
Cleveland County.Sanitary District
LR-2007-0024
p. 3
2. Submit a written request for remission or mitigation including a detailed justification
for such request.
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. 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 that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information submitted in support of your request for remission and inform you of his
decision in the matter. Depending on the outcome of his review, his response will
provide details regarding case status, directions for payment, and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penalty Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director
and therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
OR-

Cleveland County Sanitary District
LR-2007-0024
p. 4
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Ms. 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 days as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact me at [phone], extension 547.
Sincerely,
W_ 'L
Robert L. Sledge
Attachments
cc: ' � 770 ' fat • ' �C T7cFMn w[-a5,ac : M
Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
CLEVELAND COUNTY SANITARY DISTRICT)
NPDES PERMIT NC0051918 .
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LR-2007-0024
Having been assessed civil penalties totaling $1,100.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 31, 2007, the undersigned, desiring
to seek remission of the civil penalties, 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 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 , 200_.
II
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2007-0024 County: Cleveland
Assessed Party: Cleveland County Sanitary District
Permit Number: NCO051918 Amount Assessed: $1,100.00
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:

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
W AT �RpG
� � r
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Gary E Downs
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
September 14, 2007
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2007-0339
Cleveland County
Dear Mr. Downs:
Coleen H. Sullins, Director
Division of Water Quality
SEP 1 8 2007
NC DENR is
M. ' Water Protection
This letter is to acknowledge receipt of check number 38685 in the amount of $431.50 received
from you dated September 7, 2007. This payment satisfies in full the above civil assessment
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 Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547.
Sincerely,
A��
Dina Sprinkle
cc: Enforcement File #: LV-2007-0339
.RWQaM-Goresvvii°l�leiR-tonal Office Supervisor
Central Files
Nye Carolina
,iura!!y
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

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August 14, 2007
CERTIFIED MAIL 7006 2760 0001 8494 5892
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Sanitary District
PO BOX 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
Michael F. Easley, vernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County Sanitary District WTP
Cleveland County
Case No. LV-2007-0339
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $431.50 ($350.00 civil penalty + $81.50 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for February 2007. This review has shown the subject facility to be
in violation of the discharge limitations found in NPDES Permit No. NCO051918. The
violations are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County
Sanitary District violated the terms, conditions, or requirements of NPDES Permit No.
NCO051918 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent
shown in Attachment A. A civil penalty may be assessed in accordance with the maximums
established by G.S. 143-215.6A(a)(2).
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, Robert B. Krebs, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
sessment against the Cleveland County Sanitary District: One
NorthCarolina
NCDENit Uhtrally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

C
$ 100.00 For 1 of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0051918, by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for total suspended solids.
$ 250.00
$ 350.00
$ 81.50
$ 431.50
For 1 of the one (1) violation of G.S. 143-
215. 1 (a)(6) and NPDES Permit No. NC0051918, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for total suspended solids.
TOTAL CIVIL PENALTY
Enforcement costs.
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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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.

V.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
mm
2. Submit a written request for remission 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
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 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 G.S. 14313-
282.1(b) were 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 information presented in support of your request for remission
must be submitted in writing. The Director 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 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.

,Nq
In order to request remission, you must complete and submit the enclosed
"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
00
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]
A copy of the petition must also be served on DENR as follows:
Ms. 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.

V.
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 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 applyin for or a Special Order by Consent. If you have any questions
about this civil penalty assessment or a Special Order by Consent please contact the Water
Quality Section staff of the Mooresville Regional Office at 704/663-1699.
(Date) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rb/ma

ATTACHMENT A
CASE NO. LV-2007-0339
Outfall Parameter Reported Value
002 Total suspended solids 170 mg/L
002 Total suspended solids 86 mg/L
* Denotes civil penalty assessment
Permit Limit
45 mg/L (Daily maximum)
30 mg/L (Monthly average)

V.
STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTY AGAINST )
THE CLEVELAND COUNTY SANITARY)
DSITRICT )
PERMIT NO. NCO051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2007-0339
Having been assessed civil penalties totaling $431.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 14, 2007, the undersigned,
desiring to seek remission of the civil penalties, 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. 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
ADDRESS
TELEPHONE
II
2007

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2007-0339
Assessed Party: The Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $431.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRight 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 penafty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penaltywill prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: The Cleveland County Sanitary District
Facility: Cleveland Coppty Sanitary District WTP
County: Cleveland
Case Number: LV-2007-0339
Permit Number: NC0051918
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;
The total suspended solids daily maximum concentration in the effluent of 170 mg/L on
February 21, 2007, exceeded the permit limit of 45 mg/L. The monthly average total
suspended solids concentration of 86 mg/L also exceeded the permit limit of 30 mg/L.
2) The duration and gravity of the violation;
The daily maximum permit limit was exceeded by 277% on February 21, 2007, and the
monthly average permit limit was exceeded by 186% for the month of February. The
permit limit exceedance was attributed to a hole in the drain line that was promptly
repaired on February 22, 2007.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as no monitoring was completed.
Increased suspended solids (turbidity) can decrease the depth to which sunlight can
penetrate and therefore reduce photosynthetic activity.
4) The cost of rectifying the damage;
Cost was limited to repairing drain line pipe that was compromised.
5) The amount of money saved by noncompliance;
No money saved since repair was completed on drain line pipe.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were 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)
There have been 11 other CPAs against the Cleveland County Sanitary District since
2003 with five CPAs having been issued in the past twelve months as detailed below.
Case Number
Description
LR-2007-0024
$1,100.00 for late submission of DMR. Penalty is outstanding
LR-2006-0038
$1,100.00 for late submission of DMR. Penalty was paid in full
LV-2006-0129
$428.95 for LV for settleable solids. Penalty was paid in full
LV-2006-0090
$528.95 for LV for settleable solids. Penalty was paid in full
LV-2005-0463
$185.04 for total suspended solids. Penalty was paid in full.
The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $81.50.
/V�P
Date
RO Supervisor
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 06/25/07 Page: 4 of 13
Permit: % .
MRs Between 24007
', and 2-2007 :-; Region: Mooresville
Violation Category: Limit Violation Program Category: NPDES W N
Facility Name: %
Param Name: %
County: %
Subbasin: %
Violation Action: %
Major Minor:
FOCIL-1TYd CI el
anitary rstrict --lemel-a d Coup .
COUNTY: Cleveland
REGION: Mooresville
FERMI- N.COOS,�9�1.8'
WsT+P
Limit Violation�--
MONITORING OUTFALL /
REPORT PPI LOCATION
PARAMETER
VIOLATION UNIT OF
DATE FREQUENCY MEASURE
CALCULATED
LIMIT VALUE
VIOLATION TYPE VIOLATION ACTION
02 -2007 002 Effluent Solids, Total Suspended
02 -2007 002 Effluent Solids, Total Suspended
02/21/07 2 X month mg/I 45'�
02/28/07 2 X month mg/I 30 J
PERMIT: NC0006033 FACILITY: Town of Cramerton - Eagle Road WWTP
170 x�u`J Daily Maximum Exceeded
86 `a Mbnthly Average Exceeded
COUNTY: Gaston
None At 1.00
None '."),_-)C—) _
REGION: Mooresville
Limit Violation k—'4--J Ci
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION
02 -2007 001 Effluent BOD, 5-Day (20 Deg. C) 02/28/07 5 X week mg/I 10 10.73 Monthly Average Exceeded None
02 -2007 001 Effluent NNitrogen, Ammonia Total (as . 02/28/07 5 X week mg/I 4 5.48 Monthly Average Exceeded None
PERMIT: NCO023540
FACILITY: Belmont Textile Machinery Company - Belmont Textile
COUNTY: Gaston REGION: Mooresville
Machinery WWTP
Limit Violation,
MONITORING OUTFALL /
VIOLATION UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER
DATE FREQUENCY MEASURE
LIMIT VALUE VIOLATION TYPE VIOLATION ACTION
02 -2007 001 Effluent
Coliform, Fecal MF, M-FC
02/28/07 Weekly #/100ml
400 600 Daily Maximum Exceeded None
Broth,44.5C

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 17, 2007
Lanny Boyd 011is
Cleveland County Sanitary
PO Box 788
Lawndale, NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LR-2006-0038
Cleveland County
Dear Mr. 011is:
Alan W. Klimek, P.E. Director
Division of Water Quality
JAN 2 L af,
This letter is to acknowledge receipt of check number 36988 in the amount of $1,100.00 received
from you dated January 9, 2007. This payment satisfies in full the above civil assessment 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 Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L Sledge at 919-733-5083 ext. 547.
Sincerely,
VWalt,
Carolyn Bryant
cc:. I VJQ lYlooresville-R- gional_Office_ Supervisor
Central Files
NorthCarolina
Natimally
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

36988
CLEVELAND COUNTY SANITARY DISTRICT
P.O. BOX 788
LAWNDALE, NC 28090
[phone]
******ONE THOUSAND ONE HUNDRED AND 00/100 DOLLARS
FIRST NATIONAL BANK
SHELBY, NC 28150
66-168-531
This disbursement has been approved
as required by the Local Government
Budget and Fiscal Control Act.
A
0
O
DATE AMOUNT 8
01 /09/2007 $1,100.00

` �QF W A 7- �n Michael F. Easley, Governor
William G. Ross Jr., Secretary
v c r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
4 Piviision of NVater Quality
f® NA7l1�Jw p,�i��iES
O®RES`Jaa d r t7"9t€. OFFICE
December 8, 2006
CERTIFIED MAIL 7003 0500 0002 6814 3878 DEC 1 3 200(
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District t
P. O. Box 788
Lawndale, NC 28090
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Case Number LR-2006-0038
Cleveland County
Dear Mr. 011is:
This letter transmits notice of a civil penalty assessed against the Cleveland County Sanitary District in
the amount of $1,100.00 ($1,000.00 civil penalty + $100.00 in enforcement costs).
This assessment is based upon the following facts: the August and September 2006 discharge
monitoring reports (DMR) were not filed with the Division of Water Quality within the thirty (30) day
reporting period in accordance with the monitoring and reporting requirements contained in your
NPDES permit. A Notice of Violation was sent to you dated August 1, 2006 (received by you on
August 2, 2006), for failure to submit the May 2006 discharge monitoring report. Within said Notice,
you were informed that future reports not received within the required timeframe would result in a
recommendation for assessment of civil penalties.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary District
violated or failed to act in accordance with the requirements of NPDES Permit NCO051918 and G.S.
143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person
who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65.
The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S.
143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law; and pursuant to the authority delegated to
isle by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I hereby make the following civil penalty assessment against the Cleveland
County Sanitary District:
14AhCarolina
Jti'atural.��
North Carolini Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterguality ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Cleveland County Sanitary District
LR-2006-0038
P. 2
00
1100
for failing to submit the August 2006 Discharge Monitoring Report as
required by NPDES Permit NCO051918 and G.S. 143-215.65.
for failing to submit the September 2006 Discharge Monitoring Report as
required by NPDES Permit NCO051918 and G.S. 143-215.65.
Investigation Costs
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 Facts and Conclusions of Law and have considered each and every specific factor 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 public health, or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the 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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

F
Cleveland County Sanitary District
LR-2006-0038
p. 3
2. Submit a written request for remission or mitigation including a detailed justification
for such request.
N request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. 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 that there are no
factual or legal issues in dispute. You must execute and return to this office the attached
waiver and stipulation form and a detailed statement which you believe establishes
whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be
submitted in writing. The Director of the Division of Water Quality will review the
information submitted in support of your request for remission and inform you of his
decision in the matter. Depending on the outcome of his review, his response will
provide details regarding case status, directions for payment, and provision for _further
appeal of the penalty to the Environmental Management Commission's Committee on
Civil Penaltv Remissions. Please be advised that the Committee cannot consider
informationthatwas not part of the original remission request considered by the Director
and therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
M

Cleveland County Sanitary District `
LR-2006-003 8 Y,
p. 4
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Ms. 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 days as evidenced by a date stamp (not_ a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be
advised that additional assessments may be levied for violations that occur after the review period of this
assessment.
If you have any questions concerning this matter, please contact Mr. Bob Sledge at (919) 733-50831
extension 547.
Sincerely,
j
Susan A. Wilson, P.E.
Attachments
cc: MRO Surface Water -Protection w/attachments
Enforcement File w/attachments
Central Files w/attachments

CCSD
v.tat, 1 . U> Liv�Jfi
Cleveland County Sanitary Disteffil , ;
P® BOX 78M
Lawndale, NC 28090
[phone] Fax [phone]
Ms. Marcia Allocco
N.C. Division of Water Quality
Mooresville Regional Office
610 East Center Street, Suite 301
Mooresville NC 28115
Dear Ms. Allocco:
BEAR 0 2 2007
This letter is in response to the inspection conducted at the Cleveland County
Sanitary District WTP, NPDES permit NC005198.
Permit: The hermit will be updated to show that Sodium Disulfite is beening used as
a dechlorination agent and not sulfur dioxide.
Operations & Maintenance: All other pipes have been removed from the effluent
discharge. The effluent discharge has been piped away from the discharge of the
effluent.
Record Keeping: The Cleveland WTP has named Lanny 011is as the new ORC for
this facility. The report has been changed to report chlorine in ug/L. The monthly
averages that include less than values will be reported as zero.
Laboratory: The chlorine meter has now been calibrated below the permit limit.
Flow Measurement -Effluent: The Cleveland WTP has had the flow meter
calibrated. I have enclosed the calibration report.
If you have any questions about this letter please call Lanny 011is at 704-538-9033.
Sincerely,
�. ''✓ Lanny D. 011is
Operator Responsible Charge
Cleveland County Sanitary District WTP

QF W/4TFR Michael F. Easley, Goven!prA /
William G. Ross Jr., Secretary
Cq North Carolina Department of Environment and Natural Resources
—� Alan W. Klimek, P. E., Director
< Division of Water Quality
January 24, 2007
CERTIFIED MAIL 7006 2760 0001 8493 0348
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland County Sanitary District
P.O. BOX 788
Lawndale, NC 28090
Subject: NOTICE OF VIOLATION
Compliance Evaluation Inspection
Cleveland County Sanitary District WTP
NPDES Permit NCO051918
NOV-2007-PC-0047
Cleveland County, North Carolina.
Dear Mr. 011is:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection
conducted at the subject facility on January 10, 2007, by Ms. Donna Hood of the Office. Please
inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the
enclosed report.
- This report is being issued as a Notice of Violation (NOV) because of the violations of the
subject NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the
Record Keeping, Disinfection, and Effluent Sampling Sections of the attached report. Pursuant to
G.S. 143-215.6A, a civil penalty of not more than twenty five -thousand dollars (25,000.00) per
violation per day 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.
It is requested that a written response be submitted to this Office by February 7, 2007,
addressing the deficiencies noted in the Record Keeping, Operations and Maintenance,
Laboratory, and Effluent Flow Measurement sections of the report. In responding, please address
your comments to the attention of Ms. Marcia Allocco.
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Notice of Violation
Mr. Lanny 011is
Page Two
This report should be self-explanatory; however, should you have any questions concerning the
report, please do not hesitate to contact Ms. Hood or me at [phone].
Sincerely,
Michael L. Parker
Acting. Regional Supervisor
Surface Water Protection
Enclosure
cc: Cleveland County Health Department
N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 1 51 31 NCO051918 111 121 07/01/10 117 181 CI 191 CI 20III
Remarks
21111111111111111111111111111111111111111111111i6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA --------------------------- Reserved ----------------------
80
67 I 1.5 169 70 13 I 711 I 721 NJ 73 W 74 751 I I I I I 11
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 07/01/10
05/05/01
Cleveland County WTP
Exit Time/Date
Permit Expiration Date
435 Casar-Lawndale Rd
Lawndale NC 28090
11:30 AM 07/01/10
08/08/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Lanny Boyd 011is/ORC/704-538-9033/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Lanny Boyd 011is,PO Box 788 Lawndale NC 28090//704-538-9033/ yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program N Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
A
Donna f} od d MRO WQ///
Sign ture of Management (LA Revyve4 Agency/Office/Phone and Fax Numbers Date
j
Marcia A'lloLocco MRO WQ//704-235-2204/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

Permit: NCO051918
Inspection Date: 01/1012007
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment: Cleveland WTP permit is effective 11/1/2003-8/31/2008. AtoC
#051918A01 was issued for the addition dechlorination facilities. It was noted during
the inspection that liquid Sodium Bisulfite dechlorination facilites were added, not
gaseous sulfur dioxide as requested by the AtoC. The dechlorination process appeared
acceptable at the time of the inspection and no further action is required by the facility
except to update the facility description when the permit is renewed.
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Yes No NA NE
nn■n
■ n n n
n■nn
■nnn
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n
Judge, and,other that are applicable?
Comment: Several other pipes were discharging at the time of the inspection. Mr.
011is stated that these pipes contained seal water from the pumps. Please be aware
that this is considered an illegal, unpermitted discharge. If this discharge is joined in
with the permitted discharge, the permit must be modified. No oil sheen was observed
in the seal water at the time of the inspection.
Record Keeping
Yes
No
NA
NE
Are records kept and maintained as required by the permit?
■
n
❑
n
Is all required information readily available, complete and current?
■
n
n
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
❑
n
n
Are analytical results consistent with data reported on DMRs?
■
n
n
n
Is the chain -of -custody complete?
■
0
Cl
❑
Dates, times and location of sampling
■
Name of individual performing the sampling
■
Results of analysis and calibration
■
Dates of analysis
■
Name of person performing analyses
■
Transported COCs
■
Are DMRs complete: do they include all permit parameters?
■
Has the facility submitted its annual compliance report to users and DWQ?
n
n
n
■
Page # 3

Y
Permit: NCO051918 Owner - Facility: Cleveland County VVfP
Inspection Date: 01/10/2007 Inspection Type: Compliance Evaluation
Record Keeping
Yes
No
NA
NE
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
n
n
■
n
Is the ORC visitation log available and current?
■
n
n
n
Is the ORC certified at grade equal to or higher than the facility classification?
n
■
Is the backup operator certified at one grade less or greater than the facility classification?
■
n
n
n
Is a copy of the current NPDES permit available on site?
■
❑
0
Facility has copy of previous year's Annual Report on file for review?
❑
0
■
Comment: Jeff Collum has resigned as ORC of Cleveland WTP, effective September
29, 2006. Lanny 011is, back-up ORC, is currently filling the vacancy. Please be aware,
as stated in the permit, the facility has 120 calendar days to name a new ORC. DMRs
for November 2005-October 2006 were reviewed for the inspection. It was noted
during the inspection that chlorine is being reported in mg/L on the DMR. Because a 28
ug/L limit has been imposed, please report chlorine in ug/L on the DMR. It was also
noted during the inspection that the laboratory results reported on the August 2006
DMR were not consistent with the data reviewed. Please submit an amended DMR for
8/2006 that reflects the correct values for iron and deletes values for analyses not
performed. Monthly averages that include only 'less than' values should be reported as
zero. No'less than' values should be reported for monthly averages. If there are any
questions concerning the monthly average calculation, please call the inspector.
Laboratory
Yes
No
NA
NE
Are field parameters performed by certified personnel or laboratory?
■
n
n
n
Are all other parameters(excluding field parameters) performed by a certified lab?
■
n
n
n
# Is the facility using a contract lab?
■
n
n
n
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
■
0,11
❑
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
n
n
■
❑
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
Q
0
■
rl
Comment: Cleveland WTP performs lab analyses under field lab certification # 5381.
It was noted during the inspection that the meter used to perform the chlorine residual
analysis had not been calibrated to below the permit limit. In order to show compliance
with the permit, the meter must show reliable readings below the permit limit. Pace
Labs (#40 ) is contracted by the facility perform other necessary analyses. A lab
inspection by Mr. Chet Whiting of this Office was performed concurrently with the
NPDES inspection. Please refer to his report for any further lab instructions.
Lagoons Yes No NA NE
Type of lagoons?
# Number of lagoons in operation at time of visit? 1
Are lagoons operated in?
Page # 4

Permit: NCO051918 Owner - Facility: Cleveland County WTP
Inspection Date: 01/10/2007 Inspection Type: Compliance Evaluation
Lagoons
Yes
No
NA
NE
# Is a re -circulation line present?
n
n
■
n
Is lagoon free of excessive floating materials?
■
n
n
# Are baffles between ponds or effluent baffles adjustable?
n
n
■
Cl
Are dike slopes clear of woody vegetation?
■
n
n
n
Are weeds controlled around the edge of the lagoon?
■
❑
❑
n
Are dikes free of seepage?
■
n
Are dikes free of erosion?
■
n
n
n
Are dikes free of burrowing animals?
■
n
n
n
# Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations?
■
n
n
n
# If excessive algae is present, has barley straw been used to help control the growth?
n
❑
■
Is the lagoon surface free of weeds?
■
n
❑
❑
Is the lagoon free of short circuiting?
■
.0
❑
❑
Comment: Biomonics, Inc. was present at the time of the inspection to dewater and
dispose. of alum sludge. This facility has had a problem with adequate storage for filter
backwash in the past. Currently, approximately 55,000 customers are served by the
WTP. With more water being treated and distributed, the lagoon capacity appears
inadequate. The facility should consider adding additional lagoon storage space to
alleviate this problem.
De -chlorination
Yes
No
NA
NE
Type of system ?
Liquid
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑
n
❑
■
Is storage appropriate for cylinders?
®
n
n
n
# Is de -chlorination substance stored away from chlorine containers?
■
n
n
n
Comment:
Are the tablets the proper size and type?
❑
n
■
Are tablet de -chlorinators operational?
❑
n
■
n
Number of tubes in use?
Comment: Sodium Bisulfite is used for dechlorination.
Flow Measurement - Effluent Yes No NA NE
# Is flow meter used for reporting? ■ n n
Is flow meter calibrated annually? n ■ n n
Page # 5

Permit: NC0051918
Inspection Date: 01/10/2007
Flow Measurement - Effluent
Owner - Facility: Cleveland County WTP
Inspection Type: Compliance Evaluation
Is the flow meter operational?
■
n
(=1
❑
(If units are separated) Does the chart recorder match the flow meter?
❑
❑
0
■
Comment: The meter has not been calibrated.
Drying Beds
Yes
No
NA
NE
Is there adequate drying bed space?
n
■
n
n
Is the sludge distribution on drying beds appropriate?
n
❑
■
❑
Are the drying beds free of vegetation?
■
n
❑
n
# Is the site free of dry sludge remaining in beds?
■
n
n
n
Is the site free of stockpiled sludge?
■
n
n
n
Is the filtrate from sludge drying beds returned to the front of the plant?
n
n
■
n
# Is the sludge disposed of through county landfill?
■
❑
Cl
n
# Is the sludge land applied?
❑
■
n
n
(Vacuum filters) Is polymer mixing adequate?
n
❑
❑
■
Comment: The facility has one drying bed that is not currently in operation.
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
■
❑
n
Are the receiving water free of foam other than trace amounts and other debris?
n
n
■
n
If effluent (diffuser pipes are required) are they operating properly?
❑
❑
■
n
Comment:
Upstream•I Downstream Samolina
Yes
No
NA
NE
Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ ❑ n
Comment:
Page # 6