NCG590004_Regional Office Historical File Pre 2018 (3)

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OFFICE OF PROF STUDE PAGE 01
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 1, 2006.
CERTIFIED MAIL 7003 0500 0002 6814 3526
'RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P. O. Box 788
Lawndale, NC. 28090
SUBJECT: NOTICE OF VIOLATION: NOV-2006-LR-0055
Cleveland County Sanitary District — Cleveland County WTP
NPDES Permit Number NCO051918
Cleveland County
Dear Mr. 011is:
Alan W. Klimek, P.E. Director
Division of Water uality
® teal URAL RESOURCES
�OREd�piL9 r s" ��$ ;AL CFF9CE
AUG 0 2 200E
DER QUAUTY SECTIO
This is to inform"you that the Division of Water Quality -has not received your discharge monitoring
report (DMR) for May 2006. 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 preventfurther action, please submit this 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, maybe 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], extension 547.
Sincerely,
Susan A. Wilson, Supervisor
NPDES Western Unit
cc: Point Source Compliance/Enforcement Unit
Mooresville Regional. Offices Onititcarolina
Central. Files �aturrr�lly
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality:ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Michael F. Easley, Governor
William G. Ross Jr., Secretary
Carolina Department of Environment.and Natural Resources
Alan W. Klimek, P.E. Director
Ifl I� ./ � , p� Division of Water Quality
Lanny Boyd 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090.
p.
June 14, 2006��
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NC005.1918
Case Number: LV-2006-0129
Cleveland County
Dear Mr. 011is:
%g" 0��
,�e�
IN -
This letter is to acknowledge receipt of check number 35441 in the amount of $428.95 received
from you dated June 9, 2006. 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 at 919-733-5083 Ext.547.
Sincerely,
� V
ith
Robert L Sled
cc: �DW-(�-Mooresville RegioriahOffice Supervisor -
Central Files
Noce Carolina
Ntumliff
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

PIPPP7,

Michael F. Easley, Govemo ` J
William G. Ross Jr., Secret V ary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 10, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
Post Office Box 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
7003 2260 00013493 9139
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-2006-0129
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $428.95 ($350.00 civil penalty + $78.95 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 from February 2006. 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 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 . 14 3-215.6A(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, D. Rex Gleason, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against Cleveland County Sanitary District:
ne
�A
NorthCarolina
WDENR Ilvatura!!y
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.newatergualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
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 settleable 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 settleable solids.
$ 350.00 TOTAL CIVIL PENALTY
$ 78.95 Enforcement costs.
$ 428.95 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:
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 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: (919) 73373478
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.
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) D. Rex G ason, P.E.
Surface Water Protection Regional Supervisor
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

Pipe No. Parameter
002 Settleable Solids
002 Settlelable Solids
ATTACHMENT A
CASE NO. LV-2006-090
Reported Value
* 0.7 ml/1(daily maximum)
* 0.18 ml/l (monthly average)
* Denotes civil penalty assessment
Permit Limit
0.2 ml/l (daily maximum)
0.1 ml/l (daily maximum)

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CLEVELAND SANITARY DISTRICT
PERMIT NO. NC0051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2006-0129
Having been assessed civil penalties totaling $428.95 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 10, 2006, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to anadministrative
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
:l
2006

DWO — CIVIL ASSESSMENT REMISSIONFACTORS CONSIDERATION
Case Number: LV-2006-0129
Assessed Entity: Cleveland County Sanitary District
Region: Mooresville
County: Cleveland
() Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner;
() Whether the violator promptly abated continuing environmental damage resulting
from the violation;
() Whether the violation was inadvertent or a result of an accident;
() Whether the violator had been assessed civil penalties for any previous violations;
() Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Decision: (Check One)
Request Denied ❑Full Remission ❑ Partial Remission ❑ Amount Remitted
Date
Alan W. Klimek, P.E.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 3, 2006
Gary E Downs
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-2006-0090
Cleveland County
Dear Mr. Downs:
Alan W. Klimek, P.E. Director
Division of Water Quality
1 'rl� UEPT. Or- RONr' it
® WAYWAL URGES
'
N A
M WAY 0 5 20061
� �xK
This letter is to acknowledge receipt of check number 35180 in the amount of $528.95 received
from you dated April 28, 2006. 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,
Frances Candelaria
cc: Enforcement File # `LV-2006-0090
D_MReional OffceSpLervisor
Central Files
1 800 623-7748
NO a Cai011Ila
tura!!r�
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone]
Customer Service

Michael F. Easley, Governor
V�L
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 28, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 00013493 8682
Mr. Lanny B. 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 Sanitary District WTP
Cleveland County
Case No. LV-2006-090
Dear Mr. 011is:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$528.95 ($450.00 civil penalty + $78.95 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 from January 2006. 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 Cleveland County Sanitary
District violated the terms, conditions or requirements of NPDES Permit No. NCO051918 and North
Carolina General Statute (G.S.) 143-215.l(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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against Cleveland County
Sanitary District:
Mt1 NOne
onhCarolina
NC®ENR Naturally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.newatergiialitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

$ 200.00 For 2 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 settleable 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 settleable solids.
$ 450.00 TOTAL CIVIL PENALTY
$ 78.95 Enforcement costs.
$ 528.95 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 27699-1617
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
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.
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 au questions
about this civil ep nalty assessment or a Special Order by Consent please contact the Water
Quality Section staff of the Mooresville Regional Office at 704/663-1699.
7 c is C• ��� i Get,
(Date) D. Rex Gl ason, P.E.
Surface Water Protection Regional Supervisor
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

Pipe No. Parameter
002
Settleable Solids
002
Settleable Solids
002
Settlelable Solids
ATTACHMENT A
CASE NO. LV-2006-090
Reported Value
* 5.0 ml/l (daily maximum)
* 3.5 ml/1(daily maximum)
*2.2 ml/l (monthly average)
* Denotes civil penalty assessment
Permit Limit
0.2 ml/l (daily maximum)
0.2 ml/l (daily maximum)
0.1 ml/1 (daily maximum)

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 SANITARY DISTRICT ) STIPULATION OF FACTS
PERMIT NO. NC0051918 )
FILE NO. LV-2006-090
Having been assessed civil penalties totaling $528.95 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 28, 2006, 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 , 2006
BY
ADDRESS
TELEPHONE

DWO — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: LV-2006-090
Assessed Entity: Cleveland County Sanitary District
Region: Mooresville
County: Cleveland
(.) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner;
() Whether the violator promptly abated continuing environmental damage resulting
from the violation;
() Whether the violation was inadvertent or a result of an accident;
() Whether the violator had been assessed civil penalties for any previous violations;
() Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Decision: (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted
Date
Alan W. Klimek, P.E.

CERTIFIED MAIL
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
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 28, 2006
'76
7003 2260 00013493 866Q
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2006-MV-0073
Cleveland County Sanitary District WTP
NPDES Permit No. NCO051918
Cleveland County
A review of the November 2005 self -monitoring report for the subject facility revealed a violation
of the following permit monitoring requirement:
Pipe Parameter
002 Settleable Solids
Date
November 13-19, 2005
Permit Requirement
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 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.
cc:
JL
e AVA
NCDENR
Point Source Branch
Cleveland County Health Dept.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
tWt
Carolina
umllff
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% Recycled/10% Post Consumer Paper

O�O� W AT F9QG
c
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
Post Office Box 788
Lawndale, North Carolina 28090
Subject:
Dear Mr. 011is:
Michael F. Easley, GovemorV L (/l
William G. Ross Jr., Secretary '
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
January 30, 2006
7003 2260 00013492 7976
Notice of Violation - Effluent Limitations
Tracking #: NOV-2006-LV-0041
Cleveland County Sanitary District WTP
NPDES Permit No. NCO051918
Cleveland County
A review of the October 2005 self -monitoring report for the subject facility revealed a violation
of the following parameter:
Pipe Parameter Reported Value Permit Limit
001 Residual Chlorine 30 ug/1(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,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
cc: Point Source Branch
Cleveland County Health Dept.
JL
ti°C Carolina
akIra!!;
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

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E. Director
Division of Water Quality
f Lanny Boyd 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
SUBJECT:
sf
Dear Mr. 011is:
January 12, 2006
Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2005-0463
Cleveland County
Y.
r : FFICE
This letter is to acknowledge receipt of check number 34445 in the amount of $185.04 received
from you dated January 6, 2006. 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,
Frances Candelaria
cc: Enforcement File #: LV-2005-0463
,DWQ=Mooresvi__lle_Regional-Office Supe-rvism
Central Files
NonrthCarolina
Naturally
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
December 8, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Dear Mr. 011is:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
7003 2260 00013492 7471
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 Water Treatment Plant
Case No. LV-2005-0463
Cleveland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $185.04 ($100.00 civil penalty + $85.04 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Cleveland County Sanitary District for the
month of August 2005. 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, D. Rex Gleason, 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
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One
Phone: [phone] / Fax: [phone] / Internet: h2o.enr.state.nc.us NofthCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Natumily

$ 100.00
$ 100.00
$ 85.04
$ 185.04
For 0 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.
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.
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:
Point Source Branch
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 Branch
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
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.
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 Surface
Water Protection Section staff of the Mooresville Regional Office at 704/663-1699.
(Date) D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Surface Water Protection Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
C

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NCO051918
Case Number LV-2005-0463
Limit Violations, August 2005
Parameter
Total Suspended Solids
Parameter
Total Suspended Solids
Monthly Average Limit Violations
Reported Value Limit
33.5 30.0
Daily Maximum Limit Violations
Reported Value Limit
58 * 45.0
* denotes assessment of civil penalty.
Units
mg/L
Units
mg/L

STATE OF NORTH CAROLINA
COUNTY OF Cleveland
IN THE MATTER OF ASSESSMENT
CIVIL PENALTIES 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-2005-0463
Having been assessed civil penalties totaling $185.04 for asset forth in the
assessment document of the Division of Water Quality dated December 8, 2005, 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 , 2005
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2005-0463
Assessed Party: Cleveland County Sanitary District
Permit No. (if applicable): NC0051918
County: Cleveland
Amount Assessed: $185.04
Please use this form when requesting remission of this civil penalty. You must also complete the
"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. § 14313-282.1(c), remission of a civil penalty may be granted
only when one or more of the following five factors applies. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting
documents, as to why the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N C G S 14313-282 1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are
listed in the civil penalty assessment document);
(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 ep nal 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:

EFFLUENT/j
NPDESPERMITNO. tuC60`7/Q(Sf DISCHARGENO.1���H YEAR
FACILITY NANIE e �' 13 CLASS COUNTY
OPERATOR IN RESPONSIBLE CHARGE (ORC) e �C' Co r CA w. GRADE PHONE 70 3
CERTIFIED LABORATORIES (1)ff o7 .54 s.5,, s 'd ue- (2) 1' (,OP(A,-CMG ft
CHECK BOX IF ORC HAS CHANGED YI RSON(S) C LECTING SAMPLES
Lein n y 0 Il - 5, G--,+A
Mail ORIGINAL and ONE COPY to: ` r
ATTN: CENTRAL FILES x 'G _'rQ
DIVISION OF WATER QUALITY (SIGNATU, F OPERATM IN RESPONSIBLE CHARGE) D1'' ;
r'
1617 MAIL SERVICE CENTER BY THIS S N URE, I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
11 1
I11 1
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1I,I
11 1
1F, 1
11 1
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11 11
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on
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DWQ Form MR-1 (0 1 /00)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements FT
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements I I
NonLcoompJliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
and a time -table for improvements to be made.
"I certify, under penalty of.law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant_ penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
La
Permittee (Please print type)
9130 0S
nature of P ittee Date
equired)
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010
Temperature
00556
Oil & Grease
00951
Total Fluoride
01067
Nickel
50060 Total
00076
Turbidity
00600
Total Nitrogen
01002
Total Arsenic
01077
Silver
Residual
00080
Color (Pt -Co)
00610
Ammonia Nitrogen
01092
Zinc
Chlorine,
00082
Color (ADMI)
00625
Total Kjeldhal
01027
Cadmium
01105
Aluminum
,
Nitrogen
00095
Conductivity
00630
Nitrates/Nitrites
01032
Hexavalent Chromium
01147
Total Selenium
71880 Formaldehyde
00300
Dissolved Oxygen
01034
Chromium
31616
Fecal Coliform
71900,:Mercury
00310
BODS
00665
Total Phosphorous
32730
Total Phenolics
' 81551 Xylene
00340
COD
00720
Cyanide
01037
Total Cobalt
34235
Benzene
00400
pH
00745
Total Sulfide
01042
Copper
34481
Toluene
00530
Total Suspended
00927
Total Magnesium
01045
Iron
38260
MBAS
Residue
00929
Total Sodium
01051
Lead
39516
PCBs
00545
Settleable Matter
00940
Total Chloride
01062
Molybdenum
50050
Flow
Parameter Code assistance
may obtained by calling the Point
Source Compliance/Enforcement
Unit at [phone] or by visiting
the Water Quality Section's web site at h2o.enr.state.nc.us/wos and linking to the Unit's information pages.
Use only units designated in the reporting facility's permit for reporting data.
* ORC must visit facility and document visitation of facility as required per 15A NCAG 8G; .0204. ,
** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b)
(2) (D)•

Permit NC005lb- .
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge filter backwash from outfall 002. Such discharges shall be limited and monitored by
the Permittee as specified below:
EFFLUENT. } LIMITS MONITQRING REQUIREMENTS
CHARACTERISTICS
Monthly Daily: Measurement Sample Type Sample Location`s
gvera `e
b;
:-.. ,.... g Maximum.. .::Frequency
Flow
Weekly
Instantaneous
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Settleable Solids
0.1 ml/L
0.2 ml/L
Weekly
Grab
Effluent
Turbidity2
Weekly
Grab
Upstream & Downstream
Iron
Weekly
Grab
Effluent
Total Residual Chlorine3
28,ug/L
Weekly
Grab
Effluent
Aluminum
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the
outfall.
2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the
instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause
turbidity to increase in the receiving stream.
3. Limit takes effect May 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no
effluent limit).
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts:'

W,4]tC Michael F. Easley, Governor
O RQ William G. Ross Jr., Secretary
` r\O��' ' G I' North Carolina Department of Environment and Natural Resources
Alan W. Klimek,'P.E. Director
> 1 Division of Water Quality
�t
` December 8, 2005
l ' 'i,,d' 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: LV-2005-0433
Cleveland County
Dear Mr. 011is:
AWD
nOCRL: :"!AL OFFICE
DEC 0 9 200'
MAR
Pr
ri^1 �.I.%7
.ili y
This letter is to acknowledge receipt of check number 34207 in the amount of $385.04 received
from you dated December 2, 2005. 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,
r ;
Frances Candelaria
cc: Enforcement File #: LV \ 2005-0433
IDW (_Mooresville aRe----Office_Supquisor
Central Files
NorthCarolina
Naturally
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

VAL
my
A4 j* Le)
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
November 10, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Dear Mr. 011is:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
7003 2260 00013492 7242
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 Water Treatment Plant
Case No. LV-2005-0433
Cleveland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $385.04 ($300.00 civil penalty + $85.04 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Cleveland County Sanitary District for the
month of July 2005. 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, D. Rex Gleason, 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
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One
Phone: [phone] / Fax: [phone] / Internet: h2o.enr.state.nc.us NoffhCarohna
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper ;VWUA(711Y

$ 300.00 For 3 of the three (3) 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.
$ 300.00 TOTAL CIVIL PENALTY
$ 85.04 Enforcement costs.
$ 385.04 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 Branch
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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
mo
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.
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 Surface
Water Protection Section staff of the Mooresville Regional Office at 704/663-1699.
I I& v .. % (U, 2, G.:.+ ,S' �:`✓ ; /2< ; ,,/-,
(Date) D. Rex Gluon, P.E.
Surface Water Protection Regional Supervisor
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Surface Water Protection Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
C

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NCO051918
Case Number LV-2005-0433
Limit Violations, July 2005
Daily Maximum Limit Violations
Parameter Reported Value Limit Units
Total Residual Chlorine 40 *, 100 * , 30 * 28 µg/L
denotes assessment of civil penalty.

STATE OF NORTH CAROLINA
COUNTY OF Cleveland
IN THE MATTER OF ASSESSMENT
CIVIL PENALTIES 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-2005-0433
Having been assessed civil penalties totaling $385.04 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 10, 2005, 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
r_311303.9x�
TELEPHONE
IM
2005

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2005-0433
Assessed Party: Cleveland County Sanitary District
Permit No. (if applicable): NC0051918
County: Cleveland
Amount Assessed: $385.04
Please use this form when requesting remission of this civil penalty. You must also complete the
"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 penally 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:

4 6 s I I A. i 1c, I I :
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mom M., M-1, =

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ai aunt; 'an tf �'
If the facility i noncompliant, please
and a tim tab a for improvemea�"
s
"'— milder my d'aieet
"I certify, u&Jer penalty of law, that this document. oniiand"e 1 iittach r in date the.information
gwir
with a sys{etr► designed to assure that qualified Per' • �°erlY one directly reSpcinsible foi gaff
inquiry of thr..person,c�r persons,wh+b'manage the system, or'
those pets god c implete am V
info u.'ry�ttvn:;aubau is, to the best of nay ktidwldd$e tzcl belief, true, acciiratt:; t fot kno
p�nklt es:forsubimitieg.false.infor ms.
iaetud>ti else pmsib�litY of fines psi irpci .
r
tt>pe! of
F'etdidi )rjtp bt�o
---------------
Ffi
one NnYalr
p Address ..........,
�_, I'ARAAZETER CODES
:.
`01067 Nicke 500$0 Total
00951 Total Fluoride t)1077 �, R6idUAl
000.10 Temperature . 00556. Oil dt Gs Silver
bf�2 `Total Arsenic
Q0600 Total Nitro$ 01092 : Zinc, Chldrme
000�6 Turbidity . O0610 AmmoniaNif3g
00080- 'Color (Pt -Co) 101027 Cmbum -
01105 Alu ut4i .
00082 Cc�lor.(ADMI) 006 5 TotalIije
Nitrog
00630 N•►t'cateajNitrites 01-032 Hexivalent Chrotnium 31616 olifarm 71900 ydehyde
00095 Ca�nductiv►ty .: 0T(i34 Chrainiuin ttlics 81551 xylene
06306 Dissolved dacygep;:. ,2.36 Total
00310 B+CDs 00665- TotalPhosphorous01037 Total Ccbal't 34235;.
00340 COD
00720 Cyanide 34481 Tolu
00745 Total5ulfide 01042 Coyper
00400 PH ..: 382fs0 IrviB
00530 Vial Suspended 00927 Totai: 3951ti PCB
Fi.esidue 0092.9. Total Sodium 0103 Iron .50050 :. Flo
00545 Settleable Matter 00940 Total ChIdi.- O1a51 19 7 ;3-50$3,.cRtetis oa 381 or SJ4•
ParaineU, r'Code ssiseatit uaay a tai by calliaS the water Quality Cd.nipli . Group at (y . )
be
Tl►e monthlyaverage for few cdlifoc�t is to
ftpoited as a GIf9C • UBtr oily untts ' iguxtd.i3t the reporting
faciliiy'.s Pdr>init for reporting data.
0RC:P�uist visit facility and document.visiLt. 0.0 of fzcility ;
led lq 15A z�Ckc
NCA
tt�, d�ele t of sigaa ¢� 4tlt3it W ,0 fik �4rith tlx °3A .. C 2B :0306 (b
� *� If si�,�tl by other than'the P toty autliaei
a : (2) (g)� 4---.._.. ... .

Permit NCO05I
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge filter backwash from outfall 002. Such discharges shall be limited and monitored by
the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS N..y
Monthly Daily : Measurement Sample Type Sample tocatron?
1 - ;Average _Maxrmum... ,>Frequency ;.
„ _,...
Flow Weekly Instantaneous Effluent
Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent
Settleable Solids 0.1 ml/L 0.2 ml/L Weekly Grab Effluent
Turbidity2 Weekly Grab Upstream & Downstream
Iron Weekly Grab Effluent
Total Residual Chlorine3 28,ug/L Weekly Grab Effluent
Aluminum Weekly Grab Effluent
Footnotes:
I. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the
outfall.
2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the
instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause
turbidity to increase in the receiving stream.
3. Limit takes effect May 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no
effluent limit).
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
(/ North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
1 ` Division of Water Quality
�1e IJ�1=' i . 6;0' W:4 b iY'a�dVeec1J1 1
November 14, 2005 pp�°p'p��,P��gO��+`VILLE r- pODURCE
'• SallJ69dY�cv f��A�� ��:�:ili�t,�r®�`.�1�
Lanny Boyd 011is _ IE
Cleveland County Sanitary District I . ° -EJ
PO Box 788
Lawndale, NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Cleveland County WTP
Permit Number: NCO051918
Case Number: LV-2005-0405
Cleveland County
Dear Mr. 011is:
I : NOV 1 5 200'�
QUALITYSM
0
This letter is to acknowledge receipt of check number 34023 in the amount of $285.04 received
from you dated November 4, 2005. 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,
Frances Candelaria
cc: Enforcement File #: LV-2005-0405
@oDVV(Q Mooresville Regional:Offi 6-Super_vis.ox
Central Files
Noe Carolina
�tura!!y
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

FA
NCDENti
North Carolina Department of Environment and Natural Resources
Division of Water Quality
'Michael F. Easley, Governor
October 13, 2005
CERTIMD'MAIL 7003 2260 00013492 7051
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County .Sanitary District
P.D. Box 788
Lawndale, NC 28090
DearA4r 011is:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
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 Water Treatment Plant
Case No. LV-2005-0405
Cleveland County
-This letter -transmits a Notice .of Violation and assessment of civil .penalty in the amount
of :$285:04..($200.00 civil penalty + $85.04 enforcement costs) against the Cleveland County
;Sanitary District.
This assessment pis based upon .the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Cleveland County Sanitary District for the
month.of June 2005. 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 -uponthe .above facts, I conclude as amatter of law that the Cleveland � County
Sanitary. District violated the terms, conditions or requirements of NPDES Permit No.
NC00519.18 and North -Carolina General Statute (G.S.) 143-21.5.1(a)(6)-in the manner and extent
shown -in Attachment A. A civil penalty maybe 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, D. Rex Gleason, 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
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One
Phone: [phone] / Fax: [phone] / Internet: h2o.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper ;Vatminally
A
.✓

$ 200.00 For 2 of the four (4) 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.
$ 200.00
$ "85:04
$ 285:04
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to iG.5.143-21-5:6A(c), in determining the .amount of the penalty I have taken
into .account theTindings of Fact and -Conclusions:.of Law and the factors. set -forth:at tG.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.ofmoney 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.ofthe:enforcementprocedures.
Within.tlin-ty 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
andNaturalResources•(do not;include waiver form). Payment-of.the penalty will
:not foreclose further enforcementaction 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
K

2. -Submit a written request forremission.including a detailed,justification for
such xequest:
Please be aware that a request for remission is limited to consideration of the five
factors listed belowas .they may relate to the reasonableness of the amount of the
penalty assessed. Requesting remission is not the proper pfocedure 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 ofan 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 penaltyshould be .remitted,
and submit it to:the Division.of Water Qualityzt the address.listed below. In
determining whether z 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
,(S) whether. payment of thecivil.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 ofthe.Division of Water -Quality will
reviewyour:evidence and.informyou ofhisdecisionin-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 tCommittee cannot consider
information:that was notpart:ofthe .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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
KU
3. File a petition for.an administrative hearing with the Office of
Administrative Hearings:
Ifyou 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.
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 appl ring 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 Surface
Water Protection Section staff of the Mooresville Re6onal Office at 704/663-1699.
.-
(Date) D. Rex ason, P.E.
Surface Water Protection Regional Supervisor
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Surface Water Protection Regional Supervisor w/:attachments
Compliance/Enforcement File w/ attachments
Central Files w/.attachments

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NCO051918
Case Number LV-2005-0405
Limit Violations, June 2005
0
Daily Maximum Limit Violations
Parameter Reported Value Limit Units
Total Residual Chlorine 30., 40 *, 30 70 * .28 µg/L
* ,denotes assessment of civil penalty.

STATE OF NORTH CAROLINA
COUNTY OF Cleveland
IN THE MATTER'OF ASSESSMENT
CIVIL PENALTIES AGAINST
Cleveland County Sanitary District
PERMTT.NO.. NCO051918
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER'OF RIGHT TO AN.
ADMINISTRATIVE HEARING
)" AND STIPULATION OF FACTS
FILE NO. Ly-2005-0405
Having.been assessed civil,penalties totaling`$285.04 for violation(s) .as .set forth -in the
:assessment _document of the Division of Water Quality, dated -October 13, 2005, the undersigned,
desiring to seekremission ofthe civil penalties,, does hereby waive the right to .an administrative
hearing in the -above-stated matter ,and does stipulate that the facts pare, 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
III V
IC
2005

P .
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2005=0405
Assessed Party: Cleveland County Sanitary District
Permit No. ,(if applicable): NC0051918
County: Cleveland
Amount Assessed: S285.04
Please use this form when requesting remission_ofthis•civil penalty. You must .also complete the
".•Waiver ofRight to an Administrative Hearing:and Stipulation o Facts" form to request
remission-ofthiscivil penalty._ You should :attach :any--documents-that you believesupportyour
request and are necessary for the Director to',consider in .evaluating your request for remission.
'Please 'be aware that:a e- quest forremissionis.limitedto,consideration of the five factors listed
below.as they"mayrelate 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. '-Pursuantto N.C:G.S. § 143B-282.1.(c), remission of a civil penalty maybe granted
only when one or more ofthe 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 (attachadditional pages as needed).
(a) one or more of the,civil penalty assessment factors in N.C.G.S 143B-282 1 Lb)
- were wron ulllly gpplied-to .the detriment of the petitioner (the .assessment factors are
"listed.in-the .civil penalty. assessment.document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., .explain :the -steps that you took -to. correct -the violation and prevent future
occurrences);
(c) the violation was -inadvertent or a result of an accident (i. e., "explain why the
violation was_unavoidahle -or .somethingyou.•could-not prevent or prepare for),
(d) the violator had not been -assessed .ciyil 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:

IVPDES T.;NO
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o facil'i liegiiiedr,15A I�i+Ci�C:$..0202
end document visitation tY.'.
* ORC Ind's_t visit facility
I is t9f jignAtfs-y Juthaflty'Itust bi w file with'
thatatl�e a
c #* If stg b�+btl�er _the..pet�atitlmE' _
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vtvl$ttont.� -,

Permit NCO05Ib.
A. (1.) EFFLUENT -LI IITATIONS AND MONITORING REgUIREMENTS
During the period beginning on the effective date of this .permit and lasting until expiration, the Permittee is
authorized to discharge filter.backwash from outfall 002. Such discharges shall be limited and monitored by
the Permittee.as specified below:
EFFLUENT : ;
CHARACTERI5TlC5 T
w
LIMITS
:: . MONITQRING:REQUIFiEMENTS
;Monthly
�(erage
Daily
, Maximum x ;
Meesuremertt
. F�egvetc
Sample Type
Sample"l:oCatron, .
i : r t r,
Flow
Weekly
Instantaneous .
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
.2/Month
Grab
Effluent
'Settleable Solids
0.1 mVL
0.2 ml/L
Weekly
Grab
Effluent
Turbidity2
Weekly
Grab
Upstream &..Downstream
Iron
Weekly
Grab
Effluent
Total Residual Chlorine3
28 pg/L
Weekly
Grab
Effluent
Aluminum
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream =.at least '50 feet downstream from the
outfall.
2. The discharge from°.this facility shall .not cause turbidity in the receiving stream to exceed 50 NrU. If the
instream.turbidity exceeds 50= due to.natural background conditions, the discharge cannot cause
turbidity :to".increase in the receiving :stream.
.3. Limit takes effect May 1, 2005. Until the limit takes effect, the •permittee shall monitor TRC (with no
effluent limit).
All samples'collected should be from a.representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

November 18, 2005
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT:
Dear Mr. 011is:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
ebt4.,iUEl} 1. OF EtN IRONZ11 7
[AND NATURAL RESOURCES
Authorization to Construct
A to C No. 051918A01 ATE ! 9T� 6
Cleveland County Sanitary District
Cleveland County WTP
Cleveland County
A fast track application for Authorization to Construct dechlorination facilities was
received on November 2, 2005, by the Division. Authorization is hereby granted for the
construction of modifications to the existing Cleveland County WTP, with discharge of filter
backwash water into the First Broad River in the Broad River Basin.
This authorization results in no increase in design or permitted capacity and is awarded
for the construction of the following specific modifications:
Installation of a gaseous sulfur dioxide dechlorination system pursuant to the fast
track application received on November 2, 2005, and in conformity with the
Minimum Design Criteria for Dechlorination Facilities.
This Authorization to Construct is issued in accordance with Part III, Paragraph A of
NPDES Permit No. NCO051918 issued May 1, 2005, and shall be subject to revocation unless
the wastewater treatment facilities are constructed in accordance with the conditions and
limitations specified in Permit No. NC0051918.
In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those as may
be required by this Division, such as the construction of additional or replacement wastewater
treatment or disposal facilities.
The Mooresville Regional Office, telephone number [phone], shall be notified at
least forty-eight (48) hours in advance of operation of the installed facilities so that an on site
Nnc
NrhCarolina
aturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr. Lanny 011is
November 18, 2005
Page 2
inspection can be made. Such notification to the regional supervisor shall be made during the
normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays.
11
Pursuant to 15A NCAC 2H .0140, upon completion of construction and prior to operation of
these permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted to the address provided on the form.
Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the
wastewater treatment facilities. The operator must hold a certificate of the type and grade at least
equivalent to or greater than the classification assigned to the wastewater treatment facilities by
the Certification Commission.
The Permittee must also employ a certified back-up operator of the appropriate type and
grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each
Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding
weekends and holidays, must properly manage the facility, must document daily operation and
maintenance of the facility, and must comply with all other conditions of T15A:8G.0202.
A copy of the approved plans and specifications shall be maintained on file by the
Permittee for the life of the facility.
During the construction of the proposed additions/modifications, the permittee shall
continue to properly maintain and operate the existing wastewater treatment facilities at all times,
and in such a manner, as necessary to comply with the effluent limits specified in the NPDES
Permit.
You are reminded that it is mandatory for the project to be constructed in accordance
with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North
Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's
responsibilities shall be in complying with these Acts.
Failure to abide by the requirements contained in this Authorization to Construct may
subject the Permittee to an enforcement action by the Division of Water Quality in accordance
with North Carolina General Statute 143-215.6A to 143-215.6C.
The issuance of this Authorization to Construct does not preclude the Permittee from
complying with any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.

r
Mr. Lanny 011is
November 18, 2005
Page 3
If you have any questions or need additional information, please do not hesitate to contact
Cecil G. Madden, Jr., P.E. at telephone number [phone].
Sincerely,
jr Alan W. Klimek, P.E.
MH/cgm
cc: Keith Webb, P.E. — McGill Associates
Cleveland County Health Department
oo�esvlkl'eP12e°�ol ®'Pfce, Surface 'W'ate o�"tei©nt�tors
Technical Assistance and Certification Unit
Daniel Blaisdell, P.E.
Point Source Branch, NPDES Program
Cecil G. Madden, Jr., P.E.
Mark Hubbard, P.E.
A to C File

Cleveland County Sanitary District
A to C No. 051918A01
Issued November 13, 2005
Engineer's Certification
I, , as a duly registered Professional Engineer in
the State of North Carolina, having been authorized to observe (periodically/weekly/full time)
the construction of the modifications and improvements to the Cleveland County WTP, located
on Casar-Lawndale Road in Cleveland County for the Cleveland County Sanitary District,
hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the following construction:
Installation of a gaseous sulfur dioxide dechlorination system pursuant to the fast
track application received on November 2, 2005, and in conformity with the
Minimum Design Criteria for Dechlorination Facilities.
I certify that the construction of the above referenced project was observed to be built
within substantial compliance and intent of the approved plans and specifications.
Signature
Date
Registration
Send to: Construction Grants & Loans
DENR/DWQ
1633 Mail Service Center
Raleigh, NC 27699-1633

A S S O C I A T E S 1
i
October 25, 2005
Mr. Alan W. Klimek, P.E.
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: De -chlorination Facilities
Water Treatment Plant
Cleveland County Sanitary District
Cleveland County
Dear Mr. Klimek:
Please find enclosed three (3) copies of the "Fast -Track Application for Dechlorination
Facilities Authorization to Construct" for the Cleveland County Sanitary District Water Plant.
This application is for the addition of a gas sulfur dioxide feed system for dechlorination of the
effluent from the Water Treatment Plant Alum Sludge lagoon.
Please give me a call if you have questions.
Sincerely,
McGILL ASSOCIATES, P.A.
M. Keith Webb, P.E..
Enclosure
MKWhnkw
Cc: Butch Smith
Lanny 011is
RexaGleas*
_ $4
M:/proj ects/05 5 5 5/ak25 oct05. doc
OCT 2 6 200a
QUALITY
E n g i n e e r i n g e P l a n n i n g 0 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]

It
1'001M (Z065 ON YH/Y.LI EO:TT 2II1 900Z/ET/60
State of North Carolina
Depf-talent of Environment and Natural Resources
Division of Water Quality
a FAST -TRACK APPLICATION
for DEC. jLORINATION FACILITIES A UTHORIZATION TO
t CONSTRUCT
THIS FORtI :1'tAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL
INSTRUCTIONS: I' dicate that you have included the Following list of required application pucka_�e items by
signing your initials i the space provided next to each item. Failure to submit all required items will lead to return
of the permit applicar m.
X A. Apli cation Form - Submit one original and one copy of the completed and apprupriately
execorited application Form. Any changes to this Form will result in the application being re.turned.
The )ivision of Water Quality (the Division) will only accept application packages that hove been
Fully completed with all applicable items addressed. You DO NOT need to submit detailed plans
_X B.. Cert�tication Forin - Submit the completed engineers certification Fenn sivmed and sealed by a
proFssionul engineer registered in the state of North Carolina.
C
X C. Desi� nated Representative - If the application is being filed by a party other than the owner. a
lette from the owner designating the applicant as his/her authorized representative must be
inelu' ed.
r
X r
D. Rea understood, and followed the Dechlurinatiun System :Minimum Design Criteria
(adt ted 4/18/03 and as subsequently amended).
THE COMPLE':�'ED APPLICATION PACKAGE SHOULD BE SENT TO THEl'OLLOWING
r ADDRESS:
lYORTH CARC'LINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NPDES PERK-IITTING UNIT
By U.S. Postal Sej vice: By Courier/Special Deliverv:
1617 Mail Se r Ic Center 312 N. Salisbury St., Suite 9,,S
Raleigh, North C-rolina 27699-1617 Raleigh, North Carolina 27604
r
t Telephone Number: [phone]
Facsimile Number: [phone]
For j4 ore information, visit our web site at http://It2o.enr.state./ic.its/.;VPDES/
FORM: DCL.4:Fi2003

9001n [Z069 ON YH/XL] CO: TT 2111 5OOZ/CT/60
State of North Carolina
Depq'.rtment of Environment and Natural Resources
Division of Water Oualitv
FAST -TRACK APPLICATION FORM
for DEC
'LORINATION FACILITIES AUTHORIZATION TO
CONSTRUCT
THIS FORM MAY BE PH07-OCOPIED FOR USE ASAN ORIGINAL
1. Facility Name:
Cleveland County Water Treatment Plant
2. Facility Permit N
mber:
NPDES Permit No. NC0051918
3. Facility Address:
P. 0. Box 788 (439 Casar Lawndale Road)
Lawndale, NC 28090
4. Contact Person:
Lanny B. 011is
S. Contact Telephol
I e:
704-538-9033
6. Project Descripti
n:
The addition of facilities to add gas sulfure dioxide
to de -chlorinate -the effluent from the alum -sludge lagoon. -
Facilities will include a gas chlorinator, 150# cylinder sc
solution injector and chemical storage building.
ft
FORM: D 4
f
b 4/2003
.ale,
S13 30"d it'-I"_ld t ::- Ci 6 8:- S t' 0 -) P. A : 7. T C A f7i.7 T n

I
U U 0 U LZ065 ON XH/YLI £O:TT HfU 900c/F.T/60
Certification
Fast-Trqk Authorization to Construct for Dechlorination Facilities
Professional En ;in.eer's Certifickioii
I. M. Keith Webb, P.E. attest that this application for alum sludge lagoon
!i a—rh l nri na t 'feed equipment has been reviewed by me and is accurttc ,
complete and consi tent with the information in the engineering plans. calculations, and all other supporting
documentation. I f" her attest that the proposed design has been prepared in accordance with all applic-1
regulations and Min mnun Design Criteria for Dechlorination Faciiities, adopted April 18, 2003. Although certai t
portions of this subrl ittal package may have been prepared by other professionals, inclusion of these materiats urdt r
my signature and s 'al signifies that I have reviewed this material and have judged it to be consistent with th=
proposed design. t .
NOTE: In accnrda `.e with NC General Statutes t43-'_15.GA and 13 215.GB, any person who knowingly makes
any false sta[ernent,irepresentation, or certification in any application shall be guilty of a Class 2 misdemeanor
which may include fine not to exceed SI0,000 as well as civil penalties up to S25,000 per violation. Furthennon ,
failure to design th l above referenced facilities in accordance with Aliminiunr Design Criteria far Dec•hlorinario•r
Facilities and good: _ngineering practice could subject you to disciplinary action by the North Carolina Board FL r
Professional Engine rs and Land Surveyors.
North Carolina rofessional Engineer's seal, signature, and elate:
e,oal®I1111"N11IIl f!!!
�o�z�1a5
Applicant's Celification:
I, Clyde B.kttith attest that this application for alum sludge lagoon —
ffpp�i has been reviewed by me and is accurate
and uumplete to th rbest of my knowledge. By signing this certification I. certify that facilities have been designs d
in accordance wit the Division's Dechlorination System Mininwrn Design Criteria, and commit to insu •e
construction procee,ls.in accordance with said criteria. NOTE: •In accordance with NC General Statutes 14.i-215.6A
and 143-215.6B, a',y person who knowingly makes any false statement, representation, or certification in ai,y
application shall beIguilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as cis it
penalties up to $2i; l0 per viol tion.
Signature:. Date: ( /0 S_
is
FORM: DCLC 4/2003
90 3 "d

F W A Tic Michael F. Easley, Governor
0 , 9p William G. Ross Jr., Secretary
O -G
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
O `C
October 10, 2005
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: LV-2005-0344
Cleveland County
Dear Mr. 011is:
AND NATURAL RE49()Up�Cl~,8
OCT 1 E 200")
��
,
This letter is to acknowledge receipt of check number 33760 in the amount of $385.04 received
from you dated September 30, 2005. 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,
Frances Candelaria
cc: Enforcement File #: LV-2005-0344
rDWQ==Mooresville Regional Office -Supervisor
Central Files
NoZhCarolina
Aatumlly
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

A � K TWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-Michael-F. Easley, Governor
September 13, 2005
CERTIFIED MAIL 7003 2260 00013492 6788
RETURN RECEIPT REQUESTED
Mr. Lanny B.:011is
Cleveland=County.Sanitary District
P.O. BOX 788
Lawndale, NC :28090
Dear Mr..011is:
William G. Ross, Jr., Secretary
-Alan W. Klimek, P.E., Director
.SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations,ofMC. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO051918
Cleveland County Water Treatment Plant
Case.No. LV-2005-0344
'Cleveland County
This- letter .transmits .a Notice of Violation and assessment of civil penalty in the amount of
:$385.04,.($300.00=civilpenalty +-$85.04 enforcement costs) against the --Cleveland County
SanitaryDistrict.
This assessment 'is based :upon the following facts: A review has been conducted of the
discharge.monitoring rep ort-(DMR) . submitted by the Cleveland County Sanitary District for the
month .of May 2005. This review has shown the subject facility to bein 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 % cts, :I conclude as a matter of law that the Ueveland County
.Sanitary District violated the .terms, conditions or -requirements of NPDES :Permit No.
NCO051-918 and North 2 CarolinwGeneral `Statute :(G.S.) 143-215.1(a)(6) in the manner and extent
shown in Attachment A. A civil penalty maybe assessed in accordance with the maxii[nums
.established by.Ga: 143 215.6A(a)(2).
Based upon the above findings offact and conclusions of law,=and'm 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, D. Rex Gleason, 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
610 East Center Avenue; Suite 301, Mooresville, North Carolina 28115 -One O"�1�.zit011Ila
Phone: [phone] / Fax [phone] / Internet: h2o,enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 500/c Recycled110% Post Consumer Paper

$ 300.00 For 3 of the four (4) 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.
$ 300.00
$ 85:04
$ 385.04
TOTAL:CIVII. PENALTY
Enforcement .costs.
TOTAL AMOUNT DUE
Pursuant to G.S.143 21.5.6A(c), in determining -the amount :of the penalty T :have.taken
into account the Findings of Fact an&Conclusions ofLaw-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 onground.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 wil fiilly or: intentionally;
;Q) The prior .record of the violator in complying or failing to .comply with .programs
'over which the Environmental ManagementCommissionhas regulatory:authority;
:and
,(8)4 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 nor nclude waiverform). Payment of 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

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 aremission request
forecloses the option of an administrative hearing, such a request must be
accompaniedby awaiver of your right to an.administrative hearing and a
Stipulation: that no factual orlegal issues are in -dispute. Please prepare a detailed
statement that establishes why you believe the-.civilpenalty should be remitted, and
submit 'it to the Division of Water Quality at the address listed below. In
determining whether .a°remission.request will -be -approved, the following factors
shall be -considered:
.(I) whether one or more ofthe civil penaltyassessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
.(2) whether the violatorpromptly 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
:(S) whether; payment ofthe:civil penalty will prevent payment for the
remaining necessary.remedial-actions.
Please note that-allinformation presented in supportofyounrequest for remission
must be submitted in writing. The Director of -the Division of Water Quality will
reviewyour;evidence and inform you ofhis.'decisionin.-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.ofthe original •remission request, considered by the Director_
Therefore, it is very:unportant that you prepare a -complete and thorough statement
-in-supportofyourrequest for.remission.
In order to request remission, you must .complete and submit the enclosed
"Waiver of Right to an -Ad nistrativeHearing and -Stipulation of Facts" form
within thirty.(30) days ofreceipt�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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document you
must file .a petition for an administrative hearing. You may obtain the petition
form from the Office of Administrative Hearings. You must file the petition with
the Office ofAdministrative 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 petition must also be served on DENR as follows:
Mr. Dan Oakley, 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 I 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 continumg nature, not related to
operation and/or maintenance problems, and you anticipate remedial construction activities, then
ou may wish to consider applying for a Special Order by Consent. if you have any questions
about this civilpenWIy-assessment or a Special Order by -Consent, please contact the:Surface
Water Protection -Section staff of the Mooresville RegionatOffce at 704/663-1699.
(Date) D. Rex Gddeason, P.E.
Surface Water Protection Regional :Supervisor
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
.cc: ::Surface Water Protection Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/.attachments

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NCO051918
Case Number LV-2005-0344
Limit Violations, May 2005
Daily Maximum Limit Violations
Parameter Reported Value Limit Units
Total Residual Chlorine 90 *, 40 *, 50 *, 30 28 µg/L
* denotes assessment of civil penalty.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF -Cleveland
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Cleveland County .Sanitary District )
}
PERMIT NO. NC0051918 ) FILE NO. ,LV-2005-0344
Having been assessed civil penalties totaling '$385.04 for violation(s) as -set forth in the
assessment document of -the Division of Water �Quality -dated -September 13, 2005, the
:undersigned, desiring :to seek remission of the civilpenalties, 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 wdl be allowed after 30 days from the receipt ofthe notice of assessment
This the
day -of
TELEPHONE
2005

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number. LV 2005-0344
Assessed. Party: Cleveland County Sanitary District
PermitNo.-(Wapplicable): NC0051918
County: Cleveland
Amount Assessed: $385.04
Please use this form when requesting -remission ofthis civil penalty. You must also complete the
"Waiver ofRiQht 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 maybe 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 ofthe civil penalty assessment factors in N C G S 143B-2821(b)
were wrongfully applied to the detriment of the petitioner .(the assessment factors are
.listed in.the -civil penalty assessment document);
(b) the violatorpromntly abated :continuing environmental damage resulting from the
_violation f (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 Mventpayment for the remWning necessary
remedial actions (i.e., explain how payment -of the civil penalty will prevent you from
performing the activities necessary to achieve compliance).
EXPLANATION:

NNPDES PERMIT NO. KC O o S ( 4.l g'
PACE tTY NAME G ¢,rc Cxw�r
OPERATORINRESPONSIBLE'CHARGE (OA
CERT=,) LABORATORIES (l ) �
CHECK BO X IF.ORC HAS CHANGED LJ
Mail ORIGINAL and ONE COPY to:
ATTN: CEN"ZtAT.FILES
DIVISION 017, WATER QUALITY
1617 MAIL S MVICE CENTER
72ATMGH. 7 (C 27699-1617
I
l� C
DISCHARGE NZ MO do$'
i CLASS-- - COUNTY jfjr,.0j-_-,Q&,
I. cgr Burn— GRADE PHONE_
PERSON(S) COLLECTING SAMPLES
(SIUNATUP 0i (�PF 7'OR 1N RESPONSIBLE CHARGE)
I:F THIS SIG A I TTFY THAT THIS REPORTIS
ACCURATE AND COMPLETE TO THE BEST OF MY.KNOWLEDGE.
DWQ `7orm MR -I (01/00)
11

Facility'Status: (Please check one of the following)
All monitoring data and sampling
Comphl
AD monitoring dat&and sampling frequencies do NOT meet permit requirements
Noncomp]
If the fadlit)-is noncompliant, please comment on corrective actions .being .taken in respect -to
and -a time-t,,.ble for improvements to be made. equipment, operation, maini
this docamr--it-and'11'
with -Rsysteiu designed -to as a attachments 'were, prepared -under my directior, Or. supervision in
-of"the I sur"hat qualffied12=DnnelPr0pf=IYgather and evaluate the, infcamaation.sUbmiMW :Basecl.-a
persor. or persons who manage the, system, or thOSs
Ppersons directly responsible for gathering the
informiktiox., thein
-submitted is, to the bek of M_YInOWIB46.and bElief,- true, :accurate, undzDillpleW. I am aware -that
...-
their are -L fficntptsubm'ff'n.f'IlseffMtMtion including imprisonment fcr3mo*ing violations"
(Please print t3Tp
afore of? ttee**
Dam -
PeffiitteeAddress
_PhoneNumber
TARAMErERICODES
00010. Temperature -,--_
(00556 �011-&Greas5­.'
-.00951 -TotalFluad de
:00076 Turtidity
-
-W600 70tal2q&ogen
-01002 7otal-Axsenic
00080 .--.OE)61 0 AmmoniaNitfogen' -
-OoL)EL) .00lr'r.(ADNff)
00625 -Toial-KjalEal ..
01027 -Cadmium
Zvttrogen
___00095 -conductivity. - . .-
-0030 TVen
00630Mtrates/Kitrites
01032Eexavalent-Ctu­
- -
'01034 chromium
00310 BOIS -.
"00665 TotEa MOSplarous
�00340 COrt
00400
:00720 'Cyanide
'-01037- Total -Cobalt
pH ' -:00745
-00530 TMIS=dided,,B0_Q27
.-
TDMI-Sulffde
_TotaIWagnesjmn.
01042 �CcpDm-
01045- Iron
Residue
0092Y Total -Sodium
01051 Lead
01067.-Wic5ta
�01077 -Silver
OW92 Zinc
01105 Aluminum
01147 Total ,,SWeniu:dj
31616 :Fecbj-C(s- n=­--7jqW Its
X,
34235 Benzme
34481 Toluene
39260 .2vMAS
00545 SeffizableM aftlar 00940 TOWICIloride 01062-M
olybdenum 50050 Flow
-Parlune"— Code as sis fan ce may obtain ed by calling thellbint Source Complianceffinforcement Uflit at (91-9) 73575CE3 M. by
the Water Q-lalitySection's web site ath2o. r.state 'C-Us/WQsand linking to theUnit7s information pales.
Use 0IIIY-IMIIs dt-signawdin thexqpm-ting facimys -rmit for I qp m-tin9 data.
-1 vORCm-list-T-isifiaeihty-.ihd-dc)cumentvisitatio.noffa
facility as Teawed 2-1 25A NCAC-8G.0204_ lop
_rOdL�ar_l_ Ul 123�
If signed by other thar-thepern3ittee, delegation of ICIQ 1 -1
(2) (D)_ slgnatOTY-agthority must be on file -with the state- pm— 15A NCAC 2'p. _0.

Permit NC005
A. f l.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date or this permit and lasting until expiration. the Permitlec is
authorized to discharge filterbackwash from •uutfaU •002. Such discharges shall be limtted and monitored t
the Permittee as specified -below:
EFFLUENT
;CHARACTERISTICS `
= .'LIMITS
,�. „k
-MONITORING REQUIREMENTS
__. Y
'Monthly:
.,Average . =
Dail
.Y
. iMaximiim
:Measurement ;
_ 'iiena
.:Sam fe
ly TYPe t
SamplbeLomationti
Flow
Weekl y-
Instantaneous :
Effluent
Total.Suspended Solids
:30:D mg/L
45.0mg/L
2/Month
Grab
Effluent
Settleable Solids
0.1 ml/L
0.2ml/L
Weekly
Grab
Effluent
Turbidiv
Weekly
Grab
Upstream & Downstream
Iron
Weekly
Grab
Effluent
Total Residual Chlorine3
:28,ug/L
Weekly
Grab
Effluent
Aluminum
Weekly
Grab
Effluent
:Footnotes:
1. Upstream =.at:least 50 feet -upstream from the outfall. Downstream =,at least -50 feet'downstream from t
outfall.
2.. 'The .discharge from thus ,facility:shall :not cause turbidity.in the receiving stream to exceed 50 NTU. If the
instreamaurbidity exceeds 50 NTU due to natural. background conditions, the discharge cannot cause
`turbidity'to increase,"iri the xeceiving .stream.
'3. Limit:takes,effectifty 2. 2005. -Until the limit:takes effect, the permittee shall.monitor TRC .(with no
;eflluent:limit).
All°samples collected -should :be from :a representative discharge :event.
There shall be a-io discharge of floating solids or visible foam in other than .trace amounts

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Gary Downs
P.O. Box 788
Lawndale, NC 28090
Subject: Notice of Incomplete Discharge Monitoring Report a
Dear Permittee:a' r
XTIOM
The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge
Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed
into the Division's database. Our data entry staff has informed me of problems with your recent DMR
submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please
see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency.
Incomplete or illegible DMRs affect our staff s ability to provide a timely and effective evaluation of DMR
submittals. Please be aware that until the Division receives a corrected DMR, you may be considered
noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further
enforcement action. Please take the necessary steps to correct the problems and submit two copies of the
amended DMR within fifteen (15) days of the date of this letter to the following address:
Attention: Michele Phillips
Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions
about the proper completion of DMRs, please contact staff with the Division's NPDES Program at 919-
733-5083. Thank you for your assistance in this matter.
Sincerely,
Alan W. Klimek, P.E.
cc:M sville Regional`Offce
Central Files
NorthCarolina
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: [phone] Customer Service
Internet: httpJ1h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: [phone]
An Equal Opportunity/Affirmative Action Employer

Notice of Incomplete Discharge Monitoring Report
Permit Number: / v 6 6 � t / I/
Facility: C� � � �� 1!
County: r / C yz-5/A % l
DMR Month and Year:
The Division of Water Quality deems the aforementioned DMR as incomplete due to the
following reason(s): (Please see the highlighted areas on the attached DMR for details.)
❑ The written values are illegible.
The Average, Maximum, and/or the Minimum data points have been omitted.
❑ The Units of Measure have been omitted or are incorrect.
❑ The DMR Parameter Codes have been omitted.
❑ Other:

CCSD
Cleveland County Sanitary
PO Box 788
Lawndale, NC 28090
[phone] Fax [phone]
Mr. Richard Bridgeman
Division of Water Quality
610 East Center Avenue Suite 301
Mooresville, NC 28115
District,,
N'()V-?-PS - Pc.- 0 1
4PR I e
April 15, 2005
Mr. Bridgeman:
This is in response to the inspection that Mr. Love conducted on March 14, 2005. We
have addressed the violations/deficiencies as follows.
Under the.heading Lagoons: The lagoon is currently being clean by Bio-Nomic Services
and the sludge is being hauled to the Cleveland County Landfill for disposal. If lagoon
needs to be cleaned more often we will do so.
Under the Section D: Summary of Finding/Comments.
The week of July 5-9 2004 Aluminum and Iron were not collected. We have trained more
operators on how and when the samples must be collected to insure this does not happen
again.
On September 8, 2004 instream turbidity exceed 50 ntu. The effluent will be closed if the
turbidity will increase the stream turbidity.
The DMR's were not averaged. I have updated the DMR's so that the monthly averages
and the minimum values and maximum values will be correct.
er
.;fit"na

,5..
4

r'A.-
/�,, "
Michael F. Easley,or -
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
March 24, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny 011is
Cleveland -County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Subject:
Dear Mr. 011is:
7003 2260 00013551 8500
Notice of Violation
Tracking #: NOV-2005-PC-0047
Compliance Evaluation Inspection
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County, NC
Enclosed is a copy of the Compliance Evaluation Inspection Report for the
inspection conducted at the subject facility on March 14, 2005 by Mr. Barry Love of this
Office. Please inform the facility's Operator -in -Responsible Charge of our findings by
forwarding a copy of the enclosed report to him.
This report is being issued as a Notice of Violation (NOV) because of violations of
the subject permit as detailed in the Summary of Findings/Comments section. The cited
monitoring violations had not been cited under either a NOV or a civil penalty assessment
document. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation 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. Should this Office make an enforcement recommendation
relative to the violations, you will be advised in writing.
It is requested that a written response be submitted to this Office by April 15, 2005
addressing the violations/deficiencies noted under the Summary of Findings/Comments
section and Lagoon heading of the report. In responding, please address your comments to
the attention of Mr. Richard Bridgeman.
Ne Carolina
oMorally
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

Mr. Lanny 011is
Notice of Violation
Page Two
The report should be self-explanatory; however, should you have any questions,
please do not hesitate to contact Mr. Love or me at [phone].
Sincerely,
Gleason,
D. Rex G , P.E.
Surface Water Protection Regional Supervisor
Enclosure
cc: Cleveland County Health Department

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 INI 2 U 31 NCO051918 I11 121 05/03/14 117 16 U 19 U 20 U
U
Remarks
211 1 1 1 Jill Jill Jill 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 11 1 l l l 1 66
Inspection Work Days Facility Setf-Monitoring Evaluation Rating 61 CIA Reserved
671 3.0 j 69 70 I_J 71 U 72 U 73 W 74 751 I I 1 I I I 180
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)
01:20 PM 05/03/19
03/11!01
Cleveland County WTP
Exit Time/Date
Permit Expiration Date
435 Casar-Lawndale Rd
Lawndale NC 28090
02:30 PM 05/03/14
06/06;31
Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s)
Other Facility Data
Jeff-M. Collum/ORC/704-538-9033/
Name, Address of Responsible Official/Title/Phone and Fax Number
Lanny Boyd 011is,PO Box 788 Lawndale NC 28090//704-538-9033/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program 0 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 tnspector(s) Agency/Office/Phone and Fax Numbers Date
Barry ove MRO WQ//704-663-1699 Ext.263/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Richard M Bridgeman 704-663-1699 Ext.264/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.

NPDES yr/mo/day Inspection Type
3I NC0051918 I11 12I 05/03/14 I17 18 U
(cont.) 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
DMR's were reviewed for the period of January 2004 through December 2004. The following violations were
reported for the period:
- Upstream and downstream turbidity was not reported for the week of April 5-9, 2004. The ORC
stated that these were collected, but the lab failed to analyze them.
- Iron and aluminum were not monitored for the week of July 19-23, 2004. The explanation on the
DMR was that these were not collected.
- On September 8, 2004 instream turbidity exceeded 50 NTU with an increase from 68 NTU upstream to
150 NTU downstream.
- A daily maximum total suspended residue violation was reported on December 8, 2004. The
compliant box was checked. This violation has been addressed in previous correspondence from this office.
It was also noted that on numerous DMR's averages were not listed and that some maximum and minimum values were
not included. Please note that the monthly average of analysis for each parameter and the maximum and
minimum values for the month shall be reported.
r

Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Yes_ No
❑ ❑
NA NE
! ❑
Is the facility as described in the permit?
0 ❑
❑
❑
Are there any special conditions for the permit?
❑ M
❑
❑
Is access to the plant site restricted to the general public?
0 ❑
❑
❑
Is the inspector granted access to all areas for inspection?
❑
❑
❑
Comment:
Yes No
NA
NE
Operations & Maintenance
Does the plant have general safety structures in place such as rails around or covers over tanks, pits, or wells?
M ❑
❑
❑
Is the plant generally clean with acceptable housekeeping?
0 ❑
❑
❑
Comment:
Yes No
NA
NE
I ngnonc
Type of lagoons?
1
Number of lagoons in operation at time of visit?
Are lagoons operated in?
Is a re -circulation line present?
❑ ❑
0
❑
Is lagoon free of excessive floating materials?
■ ❑
❑
❑
Are baffles between ponds or effluent baffles adjustable?
❑ ❑
M
❑
Are dike slopes clear of woody vegetation?
0 ❑
❑
❑
Are weeds controlled around the edge of the lagoon?
0 ❑
❑
❑
Are dikes free of seepage?
■ ❑
❑
❑
Are dikes free of erosion?
E ❑
❑
❑
Are dikes free of burrowing animals?
0 ❑
❑
❑
Are sludge levels appropriate?
❑ 0
❑
❑
Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations?
❑ E
❑
❑
If excessive algae is present, has barley straw been used to help control the growth? '
❑ ❑
■
❑
Is the lagoon surface free of weeds?
0 ❑
❑
❑
Is the lagoon free of short circuiting?
0 ❑
❑
❑
Comment: The lagoon was nearly full of alum sludge with just a few inches of water above the sludge level. Due the
presence of wrack lines on the grass at the lower elevation side of the lagoon, it appeared that the lagoon had
overflowed at some point recently. The ORC stated that he was unaware of the lagoon having overflowed. He also
said they intended to have the sludge removed from the lagoon on an annual basis by Bio-Nomic Services, Inc., and that
they planned to have this done in a couple of weeks. It is apparent that more frequent sludge removal is needed to avoid
short circuiting of the lagoon. The permit requires that the plant be properly operated and maintained at all times.
Yes No
NA
NE
I aboratory
Are field parameters performed by certified personnel or laboratory?
E ❑
❑
❑
Are all other parameters(excluding field parameters) performed by a certified lab?
M ❑
❑
❑
Is the facility using a contract lab?
E ❑
❑
❑
Are analytical results consistent with data reported on DMRs?
❑
❑
❑
Is proper temperature set for sample storage (kept at 1.0 to 4.4 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?
❑ ❑
■
❑
Comment: The contract lab in Pace Labs, Inc.
Yes No
NA
NE
RR .p�R-.,
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)?
® 0
❑
❑

❑
❑
O
0
■
❑
O
❑
❑
❑
0 0
O
2000000
20
20MODOONNO
❑
❑
0
0
0
■
O
O
O
O
❑ ■
■
■
❑
❑
■
0
❑
❑Z400000moom
❑
O
0
■
❑
O
❑
❑
O
❑
❑ ❑
❑
❑
0
❑
❑
0
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njyinp Red, Yes No NA NF
Comment: The sludge drying bed is not currently used. A pile of dried sludge was still present in the field near the comer
of the fence as had been observed in the previous inspection. The option of having this removed by Bio-Nomic Services,
Inc. was discussed during the inspection.
Fffluent P*pP Yes No NA NF
Is right of way to the outfall properly maintained? ® ❑ ❑ ❑
Are receiving water free of solids and floatable wastewater materials? 0000
Are the receiving waters free of solids / debris? ❑ ❑ ❑ E
Are the receiving waters free of foam other than a trace?
Are the receiving waters free of sludge worms?
If effluent (diffuser pipes are required) are they operating properly?
Comment: The effluent was Gear with no foam or solids visible.
❑ ❑ ❑ ■
❑ ❑ ❑ ■
❑ ❑ ■ ❑

W ATF
Michael F. Easley, Governor
F
0 9 Q-
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P. E. Director
>_
Division of Water Quality
Q
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 9, 2003
561
Mr. Gary Downs
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
SUBJECT: Laboratory Certification Maintenance Inspection
Dear Mr. Downs:
77 nyl,i eroCtrftlal
JUL 1 1 2003
Enclosed is a report for the inspection performed on June 12, 2003 by Mr. Chester E.
Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered
comments and/or recommendations. Within thirty days of receipt, please supply this office with a
written item for item description of how these deficiencies, comments and/or recommendations
were corrected.
We are seriously concerned about the cited deficiencies found durinq the inspection
concerning lack of documentation and quality controls. These are grave violations of the
both methodology and the certification rules. The results produced and subsequently
reported to the state are at best questionable and could be considered invalid Based on
these violations, enforcement actions will be recommended. For certification maintenance,
your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800.
Copies of the checklists completed during the inspection may be requested from this office.
Thank you for your cooperation during the inspection. Thank you for your cooperation during the
inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions
or need additional information please contact us at 919-733-3908.
Sincerely,
1 AM
James W. Meyer
Laboratory Section
Enclosure
cc: Chester E. Whiting
Mooresville Regional Office
- SNIR-1
N. C. Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 [phone]
FAX: [phone]

On -Site Inspection Report
LABORATORY NAME:
ADDRESS:
CERTIFICATE NO:
DATE OF INSPECTION:
TYPE OF INSPECTION:
EVALUATOR:
LOCAL PERSON(S) CONTACTED:
INTRODUCTION:
Cleveland Co. Sanitary District
P.O. Box 788 Lawndale, NC 28090
561
June 12, 2003
Maintenance
Chet Whiting
Ms. Amelia Hamrick
This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800
for the analysis of environmental samples.
II. GENERAL COMMENTS:
During the period between October 2002 and February 2003 the Laboratory Supervisor was
frequently or totally absent due to medical problems and maternity leave. During her absences the
ORC performed laboratory operations. The data review indicates serious documentation and/or
procedural oversights from September 13, 2002 through February 3, 2003. In addition there are
additional gaps in calibration documentation whenever the laboratory supervisor is out and this
individual is performing laboratory analyses.
The lack of documentation may indicate that required calibration procedures and quality control
checks (with the exception of pH buffer checks) were not performed. Without required documentation
it may be possible to reach no other conclusion. These infractions are of a serious enough nature as
to call into question the validity of all data that was generated during this time. At a minimum
amended DMR's will need to be submitted with qualifiers indicating the lack of QC and calibration for
all affected results. The Division of Water Quality will be notified so that they may take whatever
action they deem appropriate. This may include disqualifying all results generated without proper
documentation and quality control.
The laboratory has been exemplary until this point. It needs to be pointed out that current data and
documentation was very good with the exception of when the supervisor was absent in March and
May of this year. On those occasions no calibration and quality control documentation was recorded.
This situation must be rectified immediately. Any personnel performing laboratory analysis must do so
as specified by the North Carolina Laboratory Certification Rules, the Federal Register and the
specific method.

-3
Page 2
II. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS,:
°i
1. DEFICIENCY: No calibration documentation from September 13, 2002 to February 3, 2003. Also
no calibration documentation: June 19 & 27, 2002, May 12, 2003, and March 31, 2003.
REQUIREMENT: Document the calibration of the pH meter. Ref: 15a NCAC 2H .0805 (a) (7) & (7)
COMMENT: There are records indicating that the pH meter was checked with a 4 and 7 buffer during
this time. These were checks and not calibrations. None of the checks were out side the ± 0.1 S.U.
acceptance criteria. This qualitycontrol measure supports the validity of the pH values.
TURBIDITY:
2. DEFICIENCY: No calibration documentation from September 13, 2002 to February 3, 2003. Also
no calibration documentation: June 19 & 27, 2002, May 12, 2003, and March 31, 2003.
REQUIREMENT: Document the calibration of the Turbidity meter. Ref: 15a NCAC 2H .0805 (a) (7) &
7 A.
TOTAL RESIDUAL CHLORINE:
3. DEFICIENCY: No calibration documentation from September 13, 2002 to February 3, 2003. Also
no calibration documentation: June 19 & 27, 2002, May 12, 2003, and March 31, 2003.
REQUIREMENT: Document the calibration of the Total Residual Chlorine meter. Ref: 15a NCAC 2H
.0805 (a) (7) & (7) (A).
4. DEFICIENCY: A second source LCS was not analyzed during the period specified above.
REQUIREMENT: 15A NCAC 2H .805 (a) (7) (B) states in part: "analyze one known standard in
addition to calibration standards.each day samples are analyzed to document accuracy".
TEMPERATURE:
A. COMMENT: The temperature sensor of the pH probe was checked annually (March 2002).
REQUIREMENT: Check the pH temperature sensor against an NBS/NIST traceable thermometer
annually, documenting calibration, and posting corrections if necessary. ref: 15A NCAC 2H .0805 (a)
(7)(0).
SETTLEABLE SOLIDS:
B. COMMENT: The laboratory is not documenting the start and end time for this analysis..
REQUIREMENT: Document the start and end time to verify that the sample has settled one hour as
required. ref: 15A NCAC 21-1.8085 (7), & (7) (A).

E
Page 3
IV. PAPER TRAIL INVESTIGATION:
C. COMMENT: Some overwritten entries were observed on laboratory data. Also corrections made
with a single line were not initialed.
REQUIREMENT: Correction fluid, and pencil entries are unacceptable for laboratory documentation.
All entries are to be made in permanent ink.
Corrections are to be made as follows:
1) Draw a single line through the error.
2) Make the correction near the error, or in a corresponding margin.
3) Initial the correction.
TOTAL RESIDUAL CHLORINE: 11-25-02 Values not averaged. TRC values of 0.06 and 0.09 mg/L
were documented. 0.09 mg/L was reported.
TOTAL RESIDUAL CHLORINE: 10-11-02, 0.14 mg/L reported on DMR lab data, 0.05 mg/L
documented on laboratory. The entry appears to have been one of the values for the following day.
Documentation items documented in the overview and by parameter.
V. CONCLUSIONS:
Correcting the above cited deficiencies and comments and implementing the recommendations will
help this lab to produce quality data and meet certification requirements. Please respond to all
numbered deficiencies and lettered comments.
We are very concerned with the deficiencies that were cited concerning lack of documentation and
quality controls.
Ref: 16A NCAC 21-1.0807 (a) (1) and (14) and .0807 (f)
Laboratory Decertification:
A laboratory may be decertified for any or all parameters for up to one year for any or all of the
following infractions. Civil penalties may be assessed against a laboratory which violates or fails to
act in accordance with any of the terms, conditions, or requirements of the Rules in this section or
of a laboratory certification. A laboratory is subject to both civil penalties and decertification.:
Failing to maintain the facilities, or records, or personnel, or equipment, or quality control
program as set forth in the application, and these Rules; or
(14) Failing to comply with any other terms, conditions, or requirements of this section or of a
Laboratory certification.
Report prepared by: Chet Whiting Date: June 13, 2003

r
I
Michael F. Easley,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 29, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7003 2260 000134912231
Mr. Lanny 011is
Cleveland County Sanitary District
P.O.. Box 788
Lawndale, North Carolina 28090
Subject: Notice of Violation
NCGS 143-215.1(a)
Compliance Evaluation Inspection
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County, NC
Dear Mr. 011is:
Enclosed .is a copy of the Compliance Evaluation Inspection Report for the inspection
conducted at the subject facility on March 22, 2004 by Mr. Barry Love of this Office. Please
inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of
the enclosed report to him
This report is being issued as a Notice of Violation (NOV) because of violations of
the subject permit ass detailed under the Self -Monitoring Program and Lagoons headings.
The cited monitoring violations had not been cited under either a NOV or a civil penalty
assessment document. Pursuant to G.S. 143-215.6A, a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation 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. Should this Office make an enforcement
recommendation relative to the violations, you will be advised in writing.
It is requested that a written response be submitted to this Office by April 16, 2004
addressing the violations/deficiencies noted under the Self -Monitoring Program, Lagoons,
Effluent Sampling, and Effluent Pipe headings of the report. In responding, please address
your comments to the attention of Mr. Richard Bridgeman..
Division of Water Quality; Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

Mr. Lanny 011is
Notice of Violation
Page Two
Also, please note that the Report includes a discussion concerning the fact that the
effluent pipe discharges at a point approximately 0.2-mile prior to the designated receiving
stream, the First Broad River. The effluent is conveyed to the First Broad River via a natural
ditch. 15A NCAC (North Carolina Administrative Code) 2B .0228 (EFFLUENT
CHANNELS) provides for such an existing condition; however, a conveyance ditch must be
designated an effluent channel by the Director of the Division. To be designated an effluent
channel a conveyance ditch must meet the criteria set forth in Rule .0228. In this case the
criteria appear to be met. An opportune time to have addressed the matter would have been
during the permit renewal process. Please insure that the next permit renewal application
(2008) includes a discussion of the conveyance ditch; this should prompt the permitting staff
to authorize the discharge into the First Broad River, via a designated effluent channel. Such
Language in the permit should settle the matter.
The report should be self-explanatory; however, should you have any questions,
please do not hesitate to contact Mr. Love or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Cleveland County Health Department
l:TO

United States Environmental Protection Agency
Fond 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 N � 2 ICI 31 NCO051918 11 121 04/03/22 L_.1 117 18 19 U 20 U
_I ��,
Remarks
21111111.111111111111111111111111111111Jill Jill 11166
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --- ----Reserved----- ----
67 I 3.0 169 701=! 71 U 72 L`J 73 W 74 751 I I I I I Li 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)
12:00 PM 04/03/22
03/11/01
Cleveland County WTP
Exit Time/Date
Permit Expiration Date
435 Casar-Lawndale Road
Lawndale NC 28090
03:00 PM 04/03/22
08/08/31
Name(s) of Onsite Representative(s)mtles(s)/Phone and Fax Number(s)
Other Facility Data
Jeff M_ Collum/ORC/704-538-9033/
Lazy Boyd 011is//704-538-9033 /
Name, Address of Responsible Official/Title/Phone and Fax Number
Lanny 3oy3 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
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
rr
Barry r ove MRO WQ//704-663-1699/704-663-6040
y F
Signature of Management Q A Reviewer Agency/Office[Phone and Fax Numbers Date
Richard M 3ridgeman 704-663-1699/704-663-6040
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.

NPDES yr/mo/day Inspection Type
31 NC0051918 I11 12 I 04/03/22 117 18 i I
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Self -Monitoring Program
A total suspended solids daily maximum violation was reported on October 22, 2003_ The noncompliant box was
not checked on the DMR. The permittee said he would submit an amended DMR with the correct box checked. Al
and Fe were got reported the week of September 15-19, 2003.

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-Janu agl 6ulialue ejo;aq ailw Z-0 Alalewlxojdde smog goigm golip aouelanuoo a olui
Allenloe si Ilepno aql lnq 'Jani�i peag lsJ!A agl olw /GloaJip 96ieg3sip sVOm luawleaA agl legl salels liuLad:luawwoCl
❑ ❑ ❑ ■ Luopadsui jo; seaie Ile of ssaooe paluek joloadsui agl si
1100 ■ Lo4gnaiejauab agl of paloulsai ails lueld aql of ssaooe sl
❑ ❑ ■ ❑ 61pied aql jo; suoilipuoo leioads Aue magi a.jy
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1100 ❑ 6uopeoildde mau a pappgns aelp ued agl seH -(ssal jo sgluow g ui sandxa l!uuad luasaid agl;i)
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Permit: NCO051918 Owner - Facility: Cleveland County Sanitary District - Cleveland County WTP
Inspection Date: 03/22/04 Inspection Type: Compliance Evaluation
r Measurement - Influent
Comment:SKADA system measures backwash pump rate
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?
❑
❑
❑
Are sampling and analysis data adequate and include:
❑
❑
❑
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
Plant records are adequate, available and include
❑
❑
❑
O&M Manual
As built Engineering drawings
❑
Schedules and dates of equipment maintenance and repairs
❑
Are DMRs complete: do they include all permit parameters?
0❑
❑
❑
Has the facility submitted its annual compliance report to users?
0 ❑
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑ Cl
0
❑
Is the ORC visitation log available and current?
M ❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
0 ❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
0 ❑
❑
❑
Is a copy of the current NPDES permit available on site?
0 0
❑
❑
Is the facility description verified as contained in the NPDES permit?
0 ❑
❑
❑
Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO, Sludge
! ❑
❑
❑
Judge, pH, and others that are applicable?
Facility has copy of previous year's Annual Report on file for review?
❑ ❑
❑
Comment:Please refer to the Laboratory Inspection Report by Chet Whiting regarding transcription errors between
laboratory data and DMRs.
Effluent Samolino Yes No NA NF
Is composite sampling flow proportional? ❑ ❑ 0 ❑
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:During the week of September 15-19, 2003 Al and Fe were not reported on the DMR. This was addressed
as operator error on the back of the DMR.
Uostream ! Downstream Sampling ing Yes No NA NE
Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ❑ ❑ ❑
Comment:
Drv^nq Beds Yes No NA NE
Is there adequate drying bed space? ❑ ❑ ❑
Is the sludge distribution on drying beds appropriate? ❑ ❑ ❑
Are the drying beds free of vegetation? ❑ ❑ ❑

a
Permit: NC0051918 Owner - Facility: Cleveland County Sanitary District - Cleveland County WTP
-In spection Date: 03/22/04 Inspection Type: Compliance Evaluation
amino Beds Yes No NA NE
Is the site free of dry sludge remaining in beds? ❑ ❑ ❑
Is the site free of stockpiled sludge? ❑ ❑ ❑
Is the filtrate from sludge drying beds returned to the front of the plant? ❑ ❑ ❑
Is the sludge disposed of through county landfill? ,❑ ❑ ❑
Is the sludgeJand applied? 04,0 ❑ ❑
(Vacuum filters) Is polymer mixing adequate? ❑ ❑ 0 ❑
Comment:The sludge drying bed is not currently used. A pile of dried sludge was stockpiled in the field below the sludge
drying bed. The permittee intends to look into other options for sludge handling including a mixer and temporary
storage facilities for dried sludge on site due to increased alum sludge production. The permittee was referred to the
Technical Assistance Unit in regard to these issues.
Effluent Pipe
Is right of way to the outfall properly maintained?
Yes No
❑
NA
❑
NE
❑
Are receiving water free of solids and floatable wastewater materials?
❑ ❑
❑
■
Are the receiving waters free of solids / debris?
❑ ❑
❑
Are the receiving waters free of foam other than a trace?
❑ Cl
Cl
Are the receiving waters free of sludge worms?
❑ ❑
❑
if effluent (diffuser pipes are required) are they operating properly?
❑ ❑
0
❑
Comment:The effluent pipe discharges into a conveyance ditch with the receiving stream( First Broad River) being
approximately 0.2 mile away. Deep accumulations of alum sludge were present in the conveyance ditch below the
outfall. The permittee said that he would have this removed to the extent possible to protect water quality.

i .-Y' ITV V.l lul
I William G. Ross Jr., Secretary
North Carolina Department of Environment,and Natural Resources
f Alan W. Klimek, P.E. Director
Division of Water Quality
'C
June 14, 2005
Mr. Lanny B. 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Permit Number: NCO051918
Case Number: LV-2005-0172
Cleveland County
Dear Mr. 011is:
t" CEPI. OF W., ROWMEWi
V�.590 P4A-V'�? 41. I-1I�'?'MURCES
_ r L OFFICE
JUN 1 5 2005
This letter is to acknowledge receipt of check number 32968 in the amount of $435.04 received
from you dated June 3, 2005. 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 Bob Sledge at 919-733-5083 Ext. 547.
cc
Sincerely,
ILL
Carolyn Bra 't
Y Y
cMo_ores-killE-D-WQ Region al Office-S.upeCvfs.6r
Central Files
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748
No e hCarolina
Aatura!!y

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829684,
SANITARY DISTRICT CLEVELA 'COUNTY MRSTNATIONAL BANK`
P.O, BOX ,788-
S HE, Lli B Y NCB' 28150
LAWNDALENC
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ANNA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
May. 11, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Dear Mr. 011is:
William G. Ross, Jr., Secretary
Alan W. Klimek. P.E.. Director
7003 2260 0001 3552 3221
SUBJECT: Notice -of Violation and Assessment of Civil
Penalty for Violations ofN.C. General Statute
143-215. 1 (a)(6) and NPDES Permit No. NCO051918
Cleveland County Water Treatment Plant
Case No. LV-2005-0172
Cleveland County
This letter transmits a Notice of Violation and. assessment of civil penalty in the amount of
$435.04 ($350.00 civil penalty + $85.04 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Cleveland County Sanitary District for the
month of February 2005. 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, D. Rex Gleason, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against the Cleveland County S n' = District:
Mooresville Regional Office 1�TOne�7, ..
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 1V Ob 4i1Carohlla
Phone: [phone] / Fax: [phone] / Internet: h2o.enr.state.nc.us Aawally
An Equal Opportunity/AffirmatiYe Action Employer — 50% Recycled/10% Post Consumer Paper

$ 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.
$ 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.
$ 350.00
$ 85.04
$ 435.04
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.
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing. You may obtain the petition
form from the Office of Administrative Hearings_ You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.
and 5:00 p.m., except for official state holidays. The original and one (1) copy of
the petition must be filed with the Office of Administrative Hearings. The petition
may be faxed — provided the original and one copy of the document is received in
the Office of Administrative Hearings within five (5) business days following the
faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the
petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter,
as evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be -assessed for violations that occur after the
review period of this assessment. If 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 civilpenalty assessment or a Special Order by Consent, please contact the Surface
Water Protection Section staff of the Mooresville Regional Office at 704/663-1699.
1 /, I 2 0 C's
ate) D. Rex -son, P.E.
Surface Water Protection Regional Supervisor
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Surface Water Protection Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
' iC

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NCO051918
Case Number LV-2005-0172
Limit Violations, February 2005
Monthly Average Limit Violations
Parameter Reported Value Limit
Total Suspended Solids 176 * 30.0
Parameter
Total Suspended Solids
Daily Maximum Limit Violations
Reported Value Limit
520 * 45.0
denotes assessment of civil penalty.
Units
mg/L
Units
mg2

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Cleveland
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Cleveland County Sanitary District )
PERMIT NO. NC0051918 ) FILE NO. LV-2005-0172
Having been assessed civil penalties totaling $435.04 for violation(s) as set forth in the
assessment document of the Division -of Water Quality dated May 11, 2005, 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
1_ 1+9
2005

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2005-0172
Assessed Party: Cleveland County Sanitary District
Permit No. (if applicable): NC0051918
County: Cleveland
Amount Assessed: $435.04
Please use this form when requesting remission of this civil penalty. You must also complete the
"Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request
remission ofthis 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. I (c), remission of 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.IN
were wron fg__& 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 dgIMe 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 M 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:

O
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ORC ON SITE 7
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END
o
Total Susp. Residue
a
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0
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a.
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Total Nitrogen
o o m
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Total Phosphorous
-
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Aluminum
A
-`J

Facility Status: ( please check one of the following )
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
(Compliant))
E?
(Noncompliant)
If the facility lis noncompiant, :please comment on corrective actions being taken in repect
to equipment, operations, maintenance, -etc., and atime table for improvements to.be made
­_i /) .j -A D /1 e /_ i/ f� 0_ - -
.tsi-a,�.+G�
i Tss
"I certify under pena�it
w, this d cument and all a hment were prepared?n�ermy direction
or supervision in accordance with a system designed to assure that qualified personnel property gather
,and information submitted. based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate,.and complete, I am aware that there are
significant penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violation."
LANNY B OLLIS
Permittee
PO BOX 788 LAWNDALE NC 2BD90 70"38-9033 AUG31 2008
PERMITTE ADDRESS PHIONE NUMBER PERMIT EXP.DAT
City of Shelby, Utilities Dept. MODIFIED, MR-1 r/REVISEED 6194

Permit )
A. (1.) EFFLUENT LINIITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge filter backwash from outfaU 002. Such discharges shall be limited and monitored by
the Pennittee as specified below:
EFFLUENT
.CHARACTERISTICS
v.-
= -LIMITS MONITORINGAEDUIREMENTS
. . Monthly _ Daily . ; . Measurement { :Sample Type,,'-Sample`Locatiod�
_ -bend
Maxim = :. .
Weekly
Instantaneous Effluent
Flow
Total Suspended Solids
30.0 mg/L 45.0 mglL
2/Month
Grab Effluent
Settleable Solids
0.1 mVL 0.2 ml/L
Weekly
Grab , Effluent
Weekly
Grab Upstream & Downstream
Turbidity
Weekly
Grab Effluent
Iron
Total Residual Chlorine3
28 pg/L
Weekly
Grab Effluent
Weekly
Grab Effluent
Aluminum
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the
outfall.
2. The discharge from -this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the
instream'turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause
turbidity:to increase in the receiving stream.
3. Limit takes effect May 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no
effluent limit).
All samples .collected should be from ,a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
February 22, 2005 Alan W. Klimek, P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2005-LV-0107
Cleveland County WTP
NPDES Permit No. NCO051918
Cleveland County
Dear Mr. 011is:
A review of the December 2004 self -monitoring report for the subject facility revealed a violation
of the following parameter:
Rive Parameter Reported Value Limit
002 Total Suspended Residue 50.0 mg/L 45.0 mg/L FIN
On the back side of DWQ Form MR-1, the Facility Status was erroneously listed as Compliant;
this is also a violation, subject to an enforcement action. Remedial actions, if not already implemented,
should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions
for these 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 Richard Bridgeman of this Office for
additional information.
If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or
me at 704/663-1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection Regional Supervisor
cc: Point Source Branch
Mooresville egionalOffice One 1'
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NOrthCarolina
Phone: [phone] / Fax: [phone] / Internet: h2o.enr.state.nc.us Nlly
atzo aAn Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer PaperLi

�0� w A TE1Q
O G
Gary E Downs
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
SUBJECT: PAYMENT ACKNOWLEDGMENT
CIVIL PENALTY ASSESSMENT
Cleveland County WTP
Cleveland COUNTY
PERMIT NO: NCO051918
LV-2004-0112
Dear Mr. Downs:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 8, 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
JUN 2 1 2004
This letter is to acknowledge receipt of check No. 30540 in the amount of $185.04 received from
you dated May 28, 2004. This payment satisfies in full the 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 Karen Rust at 919-733-5083 Ext. 361.
Sincerely,
® Coleen Sullins, Chief
Water Quality Section
cc: Enforcement File #: LV-2004-0112
aub�eg�ille Regional Offi6e SupeNis6r'
Central -Files - - —
IT

Michael F. Easley, verno
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins. Deputy Director
Division of Water Quality
May 18, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Clyde Smith, Jr., General Manager
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Dear Mr. Smith:
7003 2260 00013550 1410
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 Water Treatment Plant
Case No. LV-2004-0112
Cleveland County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$185.04 ($100.00 civil penalty + $85.04 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Cleveland County Sanitary District for the
month of October 2003. 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, D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against
the Cleveland County Sanitary District: RV-53
NorthCarolina � �ll.,U`NK
NatrrrlrIIII Division of Wafer Quality, Mooresville Regional office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

$ 0 For 0 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.
$ 100.00 For 1 of the one (1) violation of G.S. 143-
215. i (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.
$ 100.00
$ 85.04
$ 185.04
TOTAL CIVII. 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).

Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission 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 awn.
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:
Mr. Dan Oakley, 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.

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NC0051918
Case Number LV-2004-0112
Limit Violations, October 2003
Monthly Average Limit Violations
Parameter Reported Value Limit Units
Total Suspended Solids 31.7 30.0 mg/L
Daily Maximum Limit Violations
Parameter Reported Value Limit Units
Total Suspended Solids 61.0 * 45.0 mg/L
* denotes assessment of civil penalty.

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.
y1'1 � � 0 v 9—
Date)
ATTACHMENTS
D. Rex Gl ' on, P.E.
Water Quality Regional Supervisor
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
Compliance/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
CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Cleveland County Sanitary District )
PERMIT NO. NCO051918 ) FILE NO. LV-2004-0112
Having been assessed civil penalties totaling $185.04 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 18, 2004, 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
2004

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number. L,V-2004-0112
Assessed Party: Cleveland County Sanitary District
Permit No. (if applicable): NC0051918
County: Cleveland
Amount Assessed: $185.04
Please use this form when requesting remission of this civil penalty. You must also complete the
"Waiver of 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-282.1U
were wrongfully gpplied 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).

NODES a=_RtJ1;T NC. NComl916 DISCHARGE NC 002 IJIDI:-r. 3=e--
.ACI_17` NAME. CLEVELAND COUNTY SANITARY DISTRICT CLASS : O:Jf\TY C' _VE:-AN::
DPERATOr^. IN RESPONSIBLE CHARGE JEFFERY COLLUM 706 53F-a03:
CERTI^IED LABORATORIES fli t:307 SUSPENDER RESIDUE (2) *3Q7 AL rr (3) WP LAE TURI3ID'7"SE-TABLE MA-EF
CHECK I: ORC HAS CHANGED pERSJN(S) COLLECTING SAMPLE JE=;:ERY COLLUIV AND LANNY OLLIF
ATTK.: Central Flies
WATER. OUALIT:' DIVISION (51GN` 7UHE i Hit, STUN, I Jr.=. 1 _;;m i :, n� .:ar
1617 MAIL SERVICE CENTER THIS REPORT IS ACCURA i cc AND COMPLETE TC TtE SEST J= i
RALEIGH NC `7895-1617 MY KNOWELDGE. .
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Facility Status: ( please check one of the following )
All monitoring data and sampling frequencies meet permit requirements 0
(Compliant)
All monitoring data and sampling frequencies do NOT meet permit requirements
(Noncompliant)
If the facility is noncompiant, please comment on corrective actions being In repect
to equipment, operations, maintenance, etc., and a time table for improvements to be made
"I certify, under penalty of law, that this document and all attachment were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel property gather
and information submitted. based on my inquiry of the person or persons who manage the system, .or
those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and.belief, true; accurate, and complete, I am aware that there are
significant penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violation."
- LANNY B OLLIS
- Permittee
1-131.0
nature of ermittee" Date
PO BOX 788 LAWNDALE NC 28090 70"38-9033 AUG31 2008
PERMrrTE ADDRESS PHIONE NUMBER PERMIT EXP.DAT
City of Shelby, Utilities Dept MODIFIED, MR-1/REVISED 6/94

Permit NC
A. (1.) EFFLUENT LDUTATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge filter backwash from outfall 002. Such discharges shall be limited and monitored by
the Pemuttee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum_
Measurement
Frequency
Sample Type
Sample Locations
Flow
Weekly
Instantaneous
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Settleable Solids
0.1 ml/L
0.2 mVL
Weekly
Grab
Effluent
Turbidity2
Weekly
Grab
Upstream & Downstream
Iron
Weekly
Grab
Effluent
Total Residual ChlonnO
' 28 Ng/L
Weekly
Grab
Effluent
Aluminum
Weekly
I Grab
Effluent
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the
outfall.
2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the
instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause
turbidity to increase in the receiving stream.
3. Limit takes effect May 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (oath no
effluent lima).
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

W A
Michael F. Easley, Governor
O 9
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C?
Alan W. Klimek, P. E. Director
Division of Water Quality
0
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 22, 2004
561
Mr. Lanny 011is
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090-
SUBJECT: Wastewater/Groundwater Laboratory Certification
Dear Mr. 011is:
Per the written request of March 22, 2004, we are discontinuing the certification of
your laboratory in Lawndale, NC. We will proceed with removing your laboratory from the
certified list. You are reminded that it is not legal to analyze environmental samples
required by the N.C. Division of Water Quality without our certification.
Do not hesitate to call on us if we can be of assistance in the future. Contact us
immediately at 919-733-3908 if this action is incorrect or if you have questions.
Sincerely,
James W. Meyer
Laboratory Section
cc: Chet Whiting I✓
Mooresville Regional Office
.A
NCDENR
N. C. Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 [phone]
FAX: [phone]

CCSD
Mr. Richard Bridgeman
Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Dear Mr. Bridgeman:
pp;R 1 5 2004
Cleveland County Sanitary District ,,7 A
P® Pox 788tj '
Lawndale, NC 28090
[phone] Fax [phone]
Subject: Compliance Evaluation Inspection
Cleveland County WTP
NPDES Permit No. NC0051918
Cleveland County NC
This letter is in response to the compliance inspection conducted on March 22, 2004. This
is the written response addressing the violations/deficiencies.
Lagoon: At the time of the inspection the lagoon was filled. with Alum Sludge and the
water was discharging over the top of the lagoon. The Cleveland County WTP has a
contractor on site removing the sludge from the lagoon. The contractor has removed more
than 200 tons of sludge over the last two weeks. The lagoon has since stopped
discharging over the edge of the bank. The Cleveland County WTP is in the process of
upgrading the drying beds at this time to remove the sludge on a continuous basis to
prevent the sludge buildup in the lagoon in the future. We will also employ contractors in
the future to help remove sludge before the lagoons fill with sludge.
Effluent Sampling: During the week of September 15-19, 2003 the effluent was not
sampled for Al and Fe. The Cleveland County WTP reported non-compliance for that
month and was addressed as an operator error. The ORC was changed to a new operator
and there was confusion as to when the samples should have been collected. This has
since been resolved with the review of the permit and a regular sample day set aside to
collect samples.
Effluent Piping: Accumulations of Alum Sludge has built up over time at in the
conveyance ditch. The Sludge has since been removed from the ditch to prevent the
sludge from entering the receiving stream.

CCSD
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090
[phone] Fax [phone]
Self -Monitoring Program: A total suspended solids daily maximum violation was
reported on October 22, 2003 and the noncompliant box was not checked. A amended
DMR will be submitted to the Central Files in Raleigh. I am including a copy of the
amended report with this letter for your review. This was an over site on the ORC and
myself. The DMR's will be more closely reviewed in the future compliance and or non
compliance.
I would also like to thank Mr. Love in guidance in some question that I had with regard
to the drying beds. Mr. Love referred me to the Technical Assistance Unit. This
information will be helpful in the future if I have question in regard to my treatment
plant.
I have addressed all the violations and deficiencies in the letter dated March 29, 2004. If
you have any questions call Lanny 011is at 704-538-9033.
Lanny B. 011is
(�, � e) M
Permitte Cleveland County WTP
NPDES No. NCO051918
"NN

1
EFFLUENT
NPDES•PERMIT NO. P1C0051918 DISCHARGE NO. 002 NIONTh Octgbero YEAR2003
FACILITY NAME: CLEVELAND COUNTY SANITARY DIaTRICT CLASS: 9 COUNTY: CLEVF-LAND
OPERATOR IN RESPONSIBLE CHARGE JEFF RY COLS GRADE I PHONE [phone]a3
CERTIFIED LABORATOF l S (' ` 97 d11CeGNRCR 6G4lIRI A (?) #407 AL Eo 131 wP p AS TURBIQITY CLx SETTA9L�MgT EB
CHECK IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLE MD IAJNY
9 3
ATTIC: Central Fllod
WATER QUALITY DIVISION (SIGMA UR R THIS IGNATURE, I CERTIFY THAT De
1617 MAIL SERVICE CENTER THIS AND,GOMPLETE TO THE BEST OF
RALEIGH.NC 2788®•1817 MY KNOWELDGE.
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A M �r-PnRi

+ b
Facility Ptgtus:. ( please check one of the following
All monitoring data and sampling frequencies meet permit requirements Li
(Compliant)
All monitoring data and sampling frequencies do NOT meet permit requirem6nts
(Noncompliant)
If the facility is ngncompiant, please comment on corrective actions being talon in repect
to equipment, operations, maintenpnce! etc., and a time table for improvements to be made
"I certify; under penalty of law,=that this document and ail attachmept were prepared under.my direction
or supervision in accordance -with a system designed to assure that qualified personnel properly gather
.6nd.infgrmation submitted. based on my inquiry of the person or persons who menage the system, or
those persons directly responsible for gathering; the information, the information submitted is,
to the bestof°my knowledge and;belief, true, accurate, and col' plete, "I am aware that there are
significant penalties for submitting -false information,: including the possibility of"fines;.and
imprisonment for knowing,,violatidn:"
LANNY S;OiLLIS
Fermittee
nature of ePmitt®e* gate
ISO BOX 788,LAWNDALE WC 28090 704.;538-9033 AU 31 2008
PER0l OTEAWRESS- PH16NE NUMBER RERMiT EXRMAT
glfy,•of 5h®lby, Utilities Dept.'M(9DIFIED, MR-1/REV1$ED 6/.94

Nf A 1 Michael F. Easley, Governor
\O�� 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality
April 6, 2004
561
Mr. Gary Downs
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090-
SUBJECT: Laboratory Certification Maintenance Inspection
Dear Mr. Downs:
Enclosed is a report for the inspection performed on March 22, 2004 by Mr. Chet
Whiting. Where deficiencies are cited in this report, a response is required as well as for all
lettered comments and/or recommendations. Within thirty days of receipt, please supply
this office with a written item for item description of how these deficiencies, comments
and/or recommendations were corrected. If the deficiencies cited in the enclosed report are
not corrected, enforcement actions will be recommended. For certification maintenance,
your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H
.0800.
Copies of the checklists completed during the inspection may be requested from this
office. Thank you for your cooperation during the inspection. If you wish to obtain an
electronic copy of this report by email, or if you have questions or need additional
information please contact us at 919-733-3908.
Sincerely,
James W. Meyer
Laboratory Section
Enclosure
cc: Chet Whiting �r
Mooresville Regional Office ✓
TAX
NCDEPCR
N. C. Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 [phone]
FAX: [phone]

On -Site Inspection Report
LABORATORY NAME:
ADDRESS:
CERTIFICATE NO:
DATE OF INSPECTION:
TYPE OF INSPECTION:
EVALUATOR:
LOCAL PERSON(S) CONTACTED
INTRODUCTION:
Cleveland County Sanitary District
P.O. Box 788 Lawndale, NC 28090
561
March 22, 2004
Maintenance
Chet Whiting
Mr. Lanny 011is (on -site)
This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H
.0800 for the analysis of environmental samples.
II. GENERAL COMMENTS:
Several changes were made to documentation and procedure as a result of last year's
inspection. There are some areas of concern regarding the legibility of some entries as well as
data transcription to DMRs. A transition from laboratory to filed parameter certification was
discussed, however the items related to documentation will need to be resolved in any
certification status. It needs to be pointed out that the laboratory double checked all calibrations
and that calibration and quality control standards were documented. Part of the problem may be
confusion generated by the current system, which for the parameters involved may be too
complex. Another problem may arise from data entries that are difficult to read.
III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS:
GENERAL DOCUMENTATION:
A. COMMENT: quire a few data entries were overwritten or scribbled out and corrected. The
net effect was to make some of the data very difficult to read. These types of corrections
are unacceptable for laboratory documentation. All entries are to be made in permanent
ink.
REQUIREMENT: If an error is made in data recording the error must be removed by
making a single line through the incorrect entry, recording the correct entry beside error,
and initialing and dating the change. Ref: SW. 846 Sept 1994 Test Methods for
Evaluating Wastes Chapter One pg. 13.
B. COMMENT: Data transcription errors were observed between laboratory data and DMR
sheets. As a result of these errors we are asking that all 2003 & 2004 DMRs be checked
to ensure that entries are correct. Any DMRs requiring correction must have an amended
DMR submitted.

EXAMPLE: After review it appears that data generated on November 12, 2003 was reported
for November 13, 2004. It also appears that data generated for November 24, 2004 was
reported for November 26, 2006. This includes results generated by contract laboratories.
Am amended DMR will need to be submitted.
NOTE: This appears to be just a case of reporting the data in the wrong row. The legal
nature of this documentation makes it extremely important that data be transcribed to this
document accurately. It is Strongly Recommended that a peer review be conducted on
DMRs before they are submitted.
C. COMMENT: Some documentation was not clearly labeled. Example: The turbidity bench
sheets have an unable box between the duplicate readings. It appears that this is. where
the average value is recorded. The box needs to be clearly labeled Average.
REQUIREMENT: All laboratories must use printed laboratory bench worksheets. These
documents must include a space to enter the signature or initials of the analyst, date of
analysis, sample identification, volume of sample analyzed, value from the measurement
system, factor and final value to be reported and each item must be recorded each time
samples are analyzed. The fecal sample must meet the 6-hour holding time. This must be
documented. Ref: 15A NCAC 2H .0800 - section .0805 7 H.
D. COMMENT: Reporting consistency: There were instances when the low turbidity result
was reported and instances where the average value was reported. In all cases the
average value should have been reported. In some instances the average value was not
calculated.
NOTE: In none of the cases observed would the inconsistency have screened a permit
violation. All the values checked would have been below the required difference between the
upstream and downstream values. It is however a permit requirement that both results, or the
average of both result be reported on the DMR.
E. COMMENT: Residual Chlorine: On some occasions a single time was documented for
both the sample and the sample duplicate. The general procedure is to fill two vials and
analyze simultaneously. If this procedure is correct a single time can be recorded for
collection and analysis for the sample and duplicate since any time differential would be
less than one minute. There were however times when two times were recorded a minute
apart.
REQUIREMENT: The laboratory SOP needs to clearly define a procedure and that
procedure needs to be consistently followed. If for any reason the standard operating
procedure cannot be followed an appropriate note of explanation needs to be on the
bench sheet.
UALITY CONTROL:
F. COMMENT: Duplicate Acceptance Criteria: On 1/23/04 the following residual chlorine
results were reported. Sample 0.11 mg/L (110 pg/L); duplicate 0.05 mg/L (50 pg/L).
These results yield a 75% Relative Percent Difference (RPD). At this level the maximum
RPD should not exceed 20%. Reasonable duplicate criteria need to be established and
the data qualified on the DMR qualified if the results exceed the criteria.

_P
REQUIREMENT: Control limits for duplicate sample analyses must be established. No
firm acceptance values have been established, documented, or evaluated against
results obtained on analyses. The results obtained must be documented on the bench
sheet and evaluated against the acceptance criteria to demonstrate that the analyst
was aware of any out -of -control situation and the corrective action that was taken. Any
samples not meeting the criteria must be reanalyzed if possible. If this is not possible,
the data must be flagged on the laboratory reports and Discharge Monitoring Reports
(DMR) as all quality control requirements not met.
REQUIREMENT: Each laboratory shall develop and maintain a document outlining the
analytical quality control practices used for the parameters included in their certification.
Supporting records shall be maintained as evidence that these practices are, being
effectively carried out. Ref: 15A NCAC 2H .0805 (a)(7).
G. COMMENT: The analyst checks the chlorine meter with three standards each day the
instrument is used. The laboratory supervisor performs a series of independent checks.
The supervisor's checks include the LCS (second source) check. There were instances
where the supervisor checked the instrument the day after sample analysis. It is a minor
point in this particular case (verifying an internal instrument curve) however the LCS
needs to be analyzed immediately after the CCV and prior to sample analysis.
TURBIDITY:
H. COMMENT: Turbidity is analyzed in the field. Please be advised that this parameter is not
classified a field parameter.
REQUIREMENT: Turbidity testing for compliance monitoring purposes must be analyzed
in the laboratory. Process control can be analyzed in the field.
IV. PAPER TRAIL INVESTIGATION:
All items observed in the data review were covered in the above report.
V. CONCLUSIONS:
Correcting the above cited comments and implementing the requirements and
recommendations will help this lab to produce quality data and meet certification
requirements. Please respond to all and lettered comments.
Report prepared by: Chet Whiting Date: March 23, 2004

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, North Carolina 28090
Dear Mr. 011is:
DE R
NORTH CAROLINA�,DEP%i-R" ENT OF
ENVIRONMENT AND NATURAL RE50URCE5
July 30, 2003 J
AUG 0 5 2003
Subject: Vfralf7t:'N1,'D1+S,Permit
Permit NCO051918
Cleveland County WTP
Cleveland County
Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully
to ensure thorough understanding of the conditions and requirements it contains.
The draft permit contains the following significant changes from your current permit:
➢ Outfall 001 has been deleted from the permit, as you requested.
➢ A total residual chlorine (TRC) limit has been added to this permit. The limit will take effect 18
months after the effective date of the final permit. See the attached TRC policy memo for details.
Submit any comments to me no later than thirty days following your receipt of the draft. Comments should
be sent to the address listed at the bottom of this page. If no adverse comments are received from the public
or from you, this permit will likely be issued in late September, with an effective date of November 1, 2003.
If you have any questions or comments concerning this draft permit, call me at [phone], extension
511.
Sincerely,
Charles H. Weaver,) r.
NPDES Unit
cc: NPDES Unit
IWlooresuil'le, RegtorialOffice /Water Quality Section
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719
An Equal Opportunity Affirmative Action Employer Charles.Weaver@ ncmail.net

Permit NCO051918 11
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended, the
Cleveland County Sanitary District
is hereby authorized to discharge wastewater from a facility located at the
Cleveland County WTP
435 Casar-Lawndale Road near Lawndale
Cleveland County
to receiving waters designated as the First Broad River in the Broad River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, I1, III and N hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on August 31, 2008.
Signed this day
IXIA-r�l
Alan . HIimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

F
Permit NC0051918
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of
this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the
exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions included herein.
The Cleveland County Sanitary District is hereby authorized to:
Continue to operate a drinking -water treatment plant with a discharge of filter -
backwash wastewater via outfall 002. This facility is located at the Cleveland
County WTP off Casar-Lawndale Road near Lawndale in Cleveland County.
2. Discharge from said treatment works at the location specified on the attached
map into the First Broad River, classified WS-1V CA waters in the Broad River
Basin.

514,
I
1611�
n ey—
e
/x
900
t
fit
1502
Facility
Quad: Lawndale, N.C. N C00 51 918
Subbasin: 3115U 1
Cleveland County WTP
Location
Lottitude: 35"25'56„
Longinlde: 81"33'55"
North
SCALE 1:�'il®®A
Reeeivin., Stream: First Bread Ri\cr
Stream CLiss: \\ S-1\" C :\

Permit NC0051918
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge filter backwash from outfall 002. Such discharges shall be limited and monitored by
the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample Locationi
Flow
Weekly
Instantaneous
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
2/Month
Grab
Effluent
Settleable Solids
0.1 mI/L
0.2 ml/L
Weekly
Grab
Effluent
Turbidity2
Weekly
Grab
Upstream & Downstream
Iron
Weekly
Grab
Effluent
Total Residual Chlorine3
28pg/L
Weekly
Grab
Effluent
Aluminum
Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the
outfall.
2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the
instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause
turbidity to increase in the receiving stream.
3. Limit takes effect 18 months from the effective date of the permit. Until the limit takes effect, the permittee
shall monitor TRC (with no effluent limit).
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

OF W ATFR
r NCDENR
01;ii� -�
TO: NPDES Unit Staff
FROM: David A. GoodrichDC1
NPDES Unit Supervisor
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
June 19, 2003
SUBJECT: Total Residual Chlorine Policy for NPDES permits
Every three years the State is required by the Clean Water Act to review its surface water quality standards and
classifications, determine if changes are needed and to make any necessary changes. This review process is referred to
as the "triennial review." Public hearings were held to solicit comments for the 2000-2003 Triennial Review of surface
water quality. standards during the summer of 2002. The Hearing Officer's recommendations were presented before
the state's Environmental Management Commission on October 10, 2002.
The Hearing Officer's recommended changes included modifications to the existing standards for Arsenic, Cyanide,
Methylene Blue Active Substances (NIBAS) and Total Residual Chlorine (TRC). The Hearing Officer also
recommended the addition of a standard for Methyl Tert-Butyl Ether (MTBE).
All of the Hearing Officer's proposed changes were adopted with the exception of MTBE. The changes took effect
on April 1, 2003. This memo documents the changes to the NPDES permitting policy for TRC limits.
Total Residual Chlorine (TRC)
Previously, TRC had an Action Level Standard, except in designated Trout waters. The Triennial Review changes
modified the TRC Action Level Standard to an Aquatic Life Standard of 17 µg/L. The Aquatic Life Standard vrill
remain for designated Trout waters.
Aquatic Life Standard — 17 ug/L (freshwater only)
Trout Waters — 17 µg/L
Revised TRC Policy
➢ TRC limits will be assigned to permit renewals and all new permits issued after April 1, 2003.
➢ Facilities that do not use chlorine will not receive a TRC limit; however, the presence of a chlorine back-up
system to augment UNI or other disinfection requires a TRC limit.
➢ Facilities discharging to streams with a 7Q10 <0.05 cfs (zero -flow streams) will receive a limit of 17 µg/L.
➢ Limits will be capped at 28 µg/L to protect against acute impacts.
It is likely that many facilities will need to add dechlorination (or use another means of disinfection) to comply with
the new TRC standard. Therefore, a compliance schedule of 18 months from the effective date of the permit may
be added to any TRC limit added during the current permit renewal. This time period is allowed in order for the
facility to budget and design/construct the dechlorination and/or alternative disinfection system(s). The NPDES
Unit has promulgated minimum design criteria in order to expedite permitting of dechlorination equipment.
cc: Coleen Sullins
Regional Office Supervisors (Dechlorination guidance attached)
Shannon Langley
ORIGINAL

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
12/05/2003
Gary Downs
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
SUBJECT: PAYMENT ACKNOWLEDGMENT
CIVIL PENALTY ASSESSMENT
Cleveland County WTP
Cleveland COUNTY
PERMIT NO: NCO051918
LV-2003-0739
Dear Mr. Downs:
Alan W. Klimek, P.E. Director
Division of Water Quality
OWT. eF �R�fEJ
AIMM-TURAI- RE-SOURCER
WPORWILLE RlEGIOHAL O{ TICE-r1I{
®EC 1 0 2003
;A
-�i
t
NATE- IIIN MY SECTION
This letter is to acknowledge receipt of check No. 29460 in the amount of 435.04 received from
you dated December 2, 2003. This payment satisfies in full the 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,
�'Coleen Sullins, Chief
Water Quality Section
cc: Enforcement File #: LV-2003-0739
Nlo,oresvi-l.le_Reglonal Office. Sipervis:or
Central Files
1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service 1 800 623-7748

Michael F. Easley, Governor
C� Q William G. Ross Jr., Secretary
yNorth Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E., Director
1
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 5, 2003
70012510 0004 8286 4989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lanny B. 011is
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. I(a)(6) and NPDES Permit No. NCO051918
Cleveland County Water Treatment Plant
Case No. LV-2003-0739
Cleveland County
Dear Mr. 011is:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$435.04 ($350.00 civil penalty + $85.04 enforcement costs) against the Cleveland County
Sanitary District.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Cleveland County Sanitary District for the
month of August 2003. 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, D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against
the Cleveland County Sanitary District:
NCDENR
Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115
Phone [phone] Customer Service
Fax [phone]

$ 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.
$ 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.
$ 0 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 Settleable Solids.
$ 0 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 Settleable Solids.
$ 350.00
$ 85.04
$ 435.04
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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission 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:
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the
petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter,
as evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If 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 anyquestions
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)
ATTACHMENTS
yt--7,z�\
D. Rex Gl on, P.E.
Water Quality Regional Supervisor
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

Attachment A
Cleveland County Sanitary District
Cleveland County Water Treatment Plant
NPDES Permit No. NCO051918
Case Number LV-2003-0739
Limit Violations, August 2003
Monthly Average Limit Violations
Parameter Reported Value Limit Units
Total Suspended Solids 68.0 * 30.0 mg/L
Settleable Solids 0.2 0.1 ml/L
Daily Maximum Limit Violations
Parameter Reported Value Limit Units
Total Suspended Solids 130.0 * 30.0 mg/L
Settleable Solids 0.5 0.2 ml/L
* denotes assessment of civil penalty.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Cleveland
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Cleveland County Sanitary District )
PERMIT NO. NC0051918 ) FILE NO. LV-2003-0739
Having been assessed civil penalties totaling $435.04 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 5, 2003, 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
2003

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2003-0739
Assessed Party: Cleveland County Sanitary District
Permit No. (if applicable): NCO051918
County: Cleveland
Amount Assessed: $435.04
Please use this form when requesting remission of this civil penalty. You must also complete the
"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 Qplied 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 penaltyprevent 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:

EFFLUENT
DES PERMIT NO. NC0051918 DISCHARGE NO. 002 MONTH:AUGUST YEAR:200
FACILITY NAME: CLEVELAND COUNTY SANITARY DISTRICT CLASS: 1 COUNTY: CLEVELAND
OPERATOR IN RESPONSIBLE CHARGE JEFFERY COLLUM GRADE I PHONE 70A-638•e033
CERTIFIED LABORATOFff/fl w107 SUSPENDED RESIDUE (2) #307 AL Fe (3) WP LAB TURBIDITY CL: SETTABLE MATTER
CHECK IF ORC HAS CHANGEff- PERSON(S) CCLLECTING SAMPLE JEFFERYCOLLU/1M AND LANNY OLLIS L; :
ATTN.: Central Files ..-_ ( /'ax V� ._ - 9 2 5 63
D.E.M. of D.E.H.N.R. (SIGNA F C) BY THIS SIGNATURE. I CERTIFY THAT D e
P.O. BOX 29535, THIS REPORT IS ACCURATE AND COMPLE i a TO THE BEST OF !
60060
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50060
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9.600
8.900
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80
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8
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0,0410
231
0.0410
241
0.0410
251
0700
8
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0.0410
281
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8
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0.0410
271
0700
8
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0.0410
40
1
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0.5
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8.300
281
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8
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0.0410
291
0700
8 1
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0.0410
30 1
0.0410
31
0.0410
AVERAGE
0.0410
90
i,
68.0
1
0.2
3.328
4.188
MAXIMUM
0.0410
170
130.0
1
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9.800
8.900
MINIMUM
0.0410
=0
5.0
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0.720
Comp.lC)lGrablG)
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0.1

Facility Status: ( please check one of the following )
All monitoring data and sampling frequencies meet permit requirements 0
(Compliant)
All monitoring data and sampling frequencies do NOT meet permit requirements [r
(Noncompliant)
If the facility is noncompiant, please comment on corrective actions being taken in repect
to equipment, operations, maintenance, etc., and a time table for Improvements to be made
"I certify, under penalty of law, that this document and all attachment were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gather
and information submitted, based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate, .and complete, I am aware that there are
significant penalties for submitting false Information, including the possibility of fines and
imprisonment for knowing violation."
LANNY B OLLIS
Permittee
y/ 3
i nature o rmittee" Date
PO BOX 788 LAWNDALE NC 28090 704-638-9033 AUG31 2008
PERMITTE ADDRESS PHIONE NUMBER PERMIT EXP.DAT
SF;) J U 20W Clty of Shelby, Utilities Dept. MODIFIED, MR-1/REVISED 6/94
;DES

FFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Permit No. NC0051918
E
EFFLUENT CHAKAC. I tK15 I wa
on y
Average
ee y ally Maximum easuremen
Average Frequency
ee y
amp e
am ee Location
Typ
ns an aneous
ow
mg 2/monthra
m ee y
ee y
ra
ra
o a uspen a o i s mg
e ea eSolids m
Tur t i y
ee y
ra
ron
ee y
Grab
o a esi ua onne
ee y
ra
Aluminum
Notes:
I Sample locations: E - Effluent, U - Upstream, D - Downstream.
2 The discharge shall not cause the turbidity of the receiving water -to exceed 50 NTU. If the turbidity exceeds these levels due to natural background
conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
All samples collected should be of a representative discharge.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

FEB-14-2003(FRI) 16:11 Cleveland County Sanitary Dist. (FAX)7045389011 P.001/003
Cleveland County Sanitary District
• P 0 Box 788
439 Cm-.w Lawndalc Road
Lawndult;, NC 28090
• [phone] F= [phone]
-.7
L r
ac tunsw
-4v
To: Brdf Selzer & Rex Gleason Fax: 704:661-3772
From: CJYdu_E_Smjftjj.General Manager— Date: F-el umr4-14 2003���
Ev Proposed F—irsomad River R seryoir Pages: - 3
El Urgent EI For Review [I Please CommcnL E3 Please Reply 0 Please Rule
NOIT,S:
............

FEB-14-2003(FRI) 16:12 Cleveland County Sanitary Dist. (FAX)7045389011 P.002/003
Cleveland County Sanitary District
439 Casar Lawndale Road
Post Office Box 788
Lawndale, North Carolina 28090-0788
704-S38-9033 *704-538-9011
February 14, 2003
David Baker
United States Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Re: Proposed First Broad River Reservoir
Cleveland County Sanitary District
Cleveland County, North Carolina
Dear Mr. Baker:
The Cleveland County Sanitary District request that the US Army Corps of
Engineers assist the District with the study scooping, coordination and review
necessary for the completion of an Environment Impact Study (EIS) for'the
construction of a reservoir to provide potable water supply for Cleveland County and
surrounding areas. The proposed reservoir will be located on the Frst Broad River,
north ofLawndale, in upper Cleveland County and will have a surface area of
approximately 1,275 acrm The reservoir is required to allow the Cleveland County
Sanitary District and The City of Shelby to meet their long term water supply demands
and to provide a source of clean potable water to the surrounding counties in the event
of an emergency.
04vtorically both the District and the City of Shelby have relied on run r f the
river type intakes located on the First Broad ,River to supply their demands -for raw
water. Based upon previously published instream flow data by the North Carolina
Division of Water Resources and the United States Geological Survey (USGS) the
anticipated safe yield of the First Broad River for this type of intake was 10 MGD for
the District and J8MGD for the City of Shelby. However, the drop of in streamflow
levels during the past several years has resulted in these published flows being
scrutinized In fact, the actual available flow from the river this past summer was less
than S million gallons per day (MGD) for both systems and did not provide sufficient
f low to meet the current daily demands of the Dhdrict and the City of Shelby. In -
stream flow below the intake points was not sufficient for the preservation of aquatic
habitat.

FEB-14-2003(FRI) 16:12 Cleveland County Sanitary Dist. (FAX)7045389011 P.003/003
Projections prepared by McGill Associates indicate that the future water supply
demands for Cleveland County will be approximately 39 MGD by 2050. Utilization of
the available flow from the First Broad River with run of the river type intakes and
maximization of Moss Lake by the Town of Kings Mountain will not provide sufficient
water supply to meet these demands.
Alternative water supply sources to provide the additional water supply are not
available from other sources in the county without the construction of an
itnpoundment.
Tlie proposed alternative will provide water to meet the long term water supply
demands as a result of growth in the Cleveland County area and will provide adequate
in -stream flows to protect the aquatic and riparian habitat downstream of the reservoir
site on the First Broad River.
The Cleveland County Sanitary District through available grant funds and the
issuance of general obligation bonds in cooperation with the USDA Rural
Development will fund the project
The Cleveland County Sanitary District is currently working on the various steps
of gathering data for an Environmental Impact Statement for the project. We are
hereby requesting that the US Army Corps of Engineers assist the District in this
process by providing guidelines for the preparation of the EIS, and to provide
personnel to review the document Tlie District has budgeted funds for the preparation
of this study.
We appreciate the help you have provided to date and if there are any questions
please give me a call at 704-538-9033 or our consultant, Mr. Keith Webb at. McGill
Associates (828-252-0575).
1 eland County S itaty D ri
Clyde F- Smith, Jr.
General Manager
Co. F.1LabcO Dote
John Edwards
Qwrfa f. Taylor
C= Bauenger
sue Myrick
Brirrsener
RecWeason
rxwAk7ander
Mike Philbeek
KdO Webb

OF WATER �.
\off QG s*•,r;�
CO r NCDENR
Gary Downs
Cleveland County Sanitary District
P.O. Box 788
Lawndale, NC 28090
Dear Permittee:
Michael F. Easley
Governor
William GQbWjr., Secretary
North Carolina Department of Environment ar}iifif,�p
AlanAL� ���_^^gqRES pCEa
L:01, A
Divisioter.,,Q ah OFRCE
January 3, 2003.
VAN 2 2 2003
1
VIA TER Q,
'11 T�� �r
Subject: Renewal Notice Fill
L �
NPDES Permit NCO051918
Cleveland County WTP
Cleveland County
The subject permit expires on August 31, 2003. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires
that an application for permit renewal 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 crust be sent to the Division postmarked no later than March 4, 2003.
Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be
assessed depending upon the delinquency of the request.
If any wastewater discharge will occur after August 31, 2003 (or if continuation of the permit is desired), the current
permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1
and could result in assessment of 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 Bob Sledge of the
Division's Compliance Enforcement Unit at [phone], extension 547. You may also contact the Mooresville Regional
Office at [phone] to begin the rescission process.
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 Valery Stephens at [phone], extension 520.
Sincerely,
ltmka67
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
�N� , Io©�eswiiIle R"egional�Office; W�e��,Q,ua�lify�Section„ ^6�
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719
VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail: [e-mail]

NPDES Permit NCO051918
Cleveland County WTP
Cleveland County
The following items are REQUIRED for all renewal packages:
❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since
issuanco.blf the last permit. Submit one signed original and two copies.
❑ The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
❑ 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.11.b of the existing NPDES permit).
❑ 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. Valery Stephens
NC DENR / Water Quality / )'oint Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617

WATF : Michael F. Easley, Govemor. .
9Q William G. Ross Jr.,'Secretary':::
(� North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
> Acting Director r
p Division of Water Quality
April 1, 2002
561
Mr. GaryDowns
Cleveland County Sanitary District
PO Box 788
Lawndale, NC 28090-
SUBJECT: Laboratory Certification Maintenance Inspection
Dear Mr. Downs: -
APR 0 3 2002
Enclosed is a report for the inspection performed on March 21, 2002 by Mr.
Chester E. Whiting. Where deficiencies are cited in this report, a response is required as
well as for all lettered comments and/or recommendations. Within thirty days of receipt,
please supply this office with a written item for item description of how these deficiencies,
comments and/or recommendations were corrected. If the deficiencies cited in the
enclosed ' report are not 'corrected, enforcement actions will be recommended. For
certification maintenance, your laboratory must continue to carry out the requirements set
forth in 15A NCAC for 2H-.0800.
Copies of the checklists completed during the inspection may be requested from
this office. Thank you for your cooperation during the inspection. Please contact us at
919-733-3908, if you have questions or need additional information.
Sincerely,
James W. Meyer
Laboratory Section
Enclosure
cc: Chester E. Whiting
Mooresville Regional Office
M
N ENR
Laboratory Section N. C.-Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 [phone]
FAX: [phone] Internet: www.esb.enr.state.nc.usflab

Laboratory Name:
Laboratory Address:
Laboratory Cert. Number:
Inspection Type:
Inspection Date:
Inspector(s):
Local Contact Person(s):
I. INTRODUCTION:
ON -SITE INSPECTION REPORT
Cleveland Co. Sanitary District .
P.O. Box 788 Lawndale, NC 28090
561
Maintenance
March 21, 2002
Chet Whiting
Ms. Amelia Hamrick
The above named laboratory was inspected to verify compliance with 15A NCAC 2H
.0800 for the analysis of environmental samples.
II. OVERVIEW:
The laboratory was neat and well organized. Laboratory personnel provided the
inspector(s) with all materials, and information requested for examination.
III. . DEFICIENCIES, REQUIREMENTS, COMMENTS, AND RECOMMENDATIONS:
GENERAL LABORATORY:
COMMENT: The laboratory has extensive documentation and goes to great efforts to
verify the accuracy their analytical data. Most testing is performed in the field as well as in
the laboratory. Samples are returned to the laboratory in within 15 minutes of collection
for analysis. It may be possible for the laboratory to streamline operations and reduce
some of the workload on field and laboratory personnel. The laboratory is certified to
perform analysis for pH, Residual Chlorine, Settleable Residue, and Turbidity.
We have the following suggestions:
Upon discussion with water Quality Personnel we observe that pH is not required for the
effluent, upstream, or downstream monitoring. The laboratory may discontinue reporting
this parameter on DMRs for these locations. If the laboratory wishes to monitor this
parameter it may do so, at a location near the designated sampling location without being
required to report the results.

Gastonia WTP Laboratory Audit 2
If the laboratory wishes to continue monitoring this parameter from the designated sampling
point all acceptable results obtained must be recorded on the DMR. Since both the laboratory
and field results are performed within holding time and using proper methods, all of these values
will have to be reported.
Turbidity is only required on the upstream and downstream samples. The laboratory is
performing this analysis in the field and in the laboratory. Again the samples are returned within
15 minutes and analyzed immediately. Turbidity has not been designated as a parameter that
may be analyzed in the field. Only the laboratory results should be reported. The field analysis
should be discontinued. If the laboratory wishes to monitor turbidity in the field, or on the effluent
it should do so away from the designated sample points to avoid reporting conflicts. These
values would then fall under the category of process control, which is not subject to the stringent
requirements that apply to NPDES analyses.
The laboratory should focus its excellent efforts on the parameters required by the conditions of
the permit and perform other test as process control. This will have the effect of reducing the
workload and streamlining the considerable amount of paper work generated by the laboratory.
It is noted that the laboratory is extremely conscientious in the performance of its analytical
requirements.
For additional information or clarification do not hesitate to contact this office.
SUSPENDED SOLIDS:
COMMENT: To obtain certification for this parameter the laboratory must have a balance
capable of weighing to 0.1 mg. As soon as the equipment requirements can be met the auditor
has no hesitation about proceeding with certification for this parameter.
DATA REVIEW:
COMMENT: The only observations related to the data review was covered the in the section.
The laboratory has a great deal of documentation and is very good about recording quality
control.
IV. CONCLUSION:
The laboratory continues to do a good job. It is hoped that the suggestions made above will help
the laboratory streamline analytical operations and reduce both the documentation and
analytical workload.
Report prepared by Chet Whiting March 22, 2002

State of North Carolina
Department of Environment
and Natural Resources
Mooresville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
March 15, 2002
561
Ms. Amelia Hamrick
Cleveland Co. Sanitary District
P.O. Box 788
Lawndale, NC 28090
SUBJECT: Wastewater/Groundwater Laboratory Certification
Dear Ms. Hamrick:
IT
A
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
We have scheduled an on -site audit of your laboratory for approximately.9:00 a.m., March 21,
2002. The scope of the audit will include all methods marked on Attachment I of the laboratory's current
North Carolina Wastewater /Groundwater Certificate and /or marked on the application for NC
Wastewater/Groundwater Laboratory Certification. The purpose will be to verify the laboratory's
documented quality control/quality assurance procedures and adequacy in meeting the requirements of
15A NCAC 2H .0800..
Enclosed are inspection checklists for the upcoming inspection. Prior to the on -site audit, excluding
the data review sections, please have your analysts complete each checklist. Any checklists that your
laboratory is unable to complete, or any specific items that you do not understand, will be completed during
the inspection. Completion of these checklists prior to the on -site audit, with comments by analysts relating
to specific procedural differences, will help avoid any unnecessary interruption of the analyst's schedule.
Hold these checklists at your laboratory for use at the time of the audit.
The data review portion of the audit will require complete data packets including all of the
supporting documentation for data analysis. This requires, but is not limited to: copies of final reports,
instrument run logs, extraction/digestion logs, chromatograms, benchsheets, standard preparation logs,
calibration curves and sample receipt/chain of custody forms. If the lab is analyzing samples for reporting
to the State of North Carolina, the data packets for those samples should be readily available for review.
For any parameters for which there is no North Carolina data to review, general examples of samples
analyzed by the certified methods will be reviewed along with any documented allowances in the
laboratory's quality system to meet North Carolina program specific requirements.
Thank you for your time and cooperation. I can be contacted at [phone] (extension 297), if
you have questions.
Sincerely,
Chester E. Whiting \
Laboratory Section
Enclosures
cc: James W. Meyer
MRO Regional Office
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post consumer paper