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HomeMy WebLinkAboutNC0006033_Regional Office Historical File Pre 2018 (4)RECEIVED DIVISION OF WATER QUALITY FEB - 1 2011 SVIIP SECTION MOORESVILLE REGIONAL OFFICE Public Utilities Department 155 North Main Street Cramerton NC 28032 Public Water Supply Section Sanitary Sewer Collection System Section Wastewater Treatment Section January31, 2011 Mr. John Leslie NCDEHNR/DWO 610 East Center Avenue Suite 301 Mooresville, NC 28115 Town of Cramerton Eagle Road WWTP 155 North Main Street Cramerton, NC 28032 REF: Non -Compliance, Effluent S-BOD5, Eagle Road WWTP Dear John: It has been determined that sometime prior to January 14t' a liquid matrix entered our treatment works that caused an immediate deteriorating effect on our effluent water quality. Under normal conditions our effluent S-BOD5 values average below the detection level of <2.0 mg/L. The following table illustrates the data we have collected to date: Date Influent sBOD5 ppm Influent TSR ppm Influent COD.ppm Influent Conductivity Effluent sBOD5 ppm Effluent COD ppm Effluent TSR ppm Effluent Alkalinity, ppm Effluent Conductivity 1 /6 174 252 <2 <2.5 490 1/14 149 248 4.3 <2.5 500 1/18 159 188 13 2.7 1200 488 1119 145 164 17.3 2.1 515 1/20 188 216 20.4 2.9 499 1 /21 208 204 21.3 2.4 505 1/24 213 292 149 9.7 56 1.4 475 1/25 224 440 1043 7.8 50 1.6 120 505 1 /26 236 442 51 1.6 120 468 From the standard regulatory sampling protocols coupled with an extensively increased process control sampling regimen we have determined that the matrix that caused the upset condition originated from constituents in the septage we receive on a daily basis from Stanley Environmental Services. We have reviewed our records and have requested that Stanley Environmental begin an extensive internal review of their source logs to determine the origin of the toxic matrix. We have curtailed all deliveries of septage from Stanley Environmental and will allow no further discharges until we have determined and isolated the cause(s). One parameter of concern that we found in the Stanley waste -stream was high chlorine residuals, (1.2, ppm). The constituent was discovered in samples designated' as Aqua water which comes from a potable water supply softener operated by Aqua, Inc. We reviewed our log reports and found an increased frequency of deliveries from this source that coincided with the degradation of our effluent S-BOD5 reporting values. The following table shows this data: Date Source Gallons discharged 12/17 Aqua 2990 12/20 Aqua 2802 12121 Aqua 2886 12/28 Aqua 2936 12129 Aqua 2788 12/30 Aqua 2714 12/31 Aqua 2800 In addition to our own internal investigation we have been utilizing the resources of the City of Gastonia laboratory personnel and their expertise in such matters. Additionally, during the episode all flows were diverted into the spare secondary clarifier as a containment measure to reduce any harmful effects to the receiving waters. It appears that as of Monday, January 31, 2011 our wwtp facilities are in recovery and we should be back to operating at near 99% efficiency within seven, (7) to ten, (10) days. If our operating conditions change or we show indication of further deterioration of our biological system(s) I will notify you immediately. If you have questions or need further assistance or information please contact me at your convenience. Sincer y Hubert H. Hamp , Sr. Chief Operator Town of Cramerton 155 North Main St. Cramerton, NC 28032 Copy: Jamie Shytle, Utilities Director Michael Peoples, Town Manager Aia NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director CEIVED Secretary DIVISION OF WATER QUALITY NOV 0 $ 2010 November 5, 2010 IP SECTION 611IOORESVILLE REGIONAL OFFICE Mr. Thomas Shytle Public Utilities Director Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Speculative Effluent Limits Cramerton-Eagle Road WWTP Permit No. NCO024228 Gaston County Dear Mr. Shytle: This letter is in response to the request for speculative effluent limits for expansion flows for the Cramerton WWTP of 8.0 MGD and 12.0 MGD. This facility is currently permitted at 4 MGD. This expansion is based on the projected merger of the facilities from the Town of Cramerton and the City of Gastonia. Mr. Don Garbrick of Pease Associates submitted this request to our office on your behalf. Regionalization of wastewater treatment systems is strongly encouraged by the Division. Receiving_ Stream. . South Fork Catawba River has a stream classification of WS-V. Waters with this classification have a best usage for waters protected as water supplies which are generally upstream and draining to WS-IV waters; or waters previously used for drinking water supply purposes: or waters used by industry to supply their employees but not municipalities or counties. There are segments of the South Fork Catawba River that are listed as impaired on the final 2010 North Carolina 303(d) Impaired Streams List for low pH and turbidity. Speculative Limits. The speculative limits were developed based on Division staff recommendation and consideration of the Lake Wylie total maximum daily load (TMDL) which sets allocations for total nitrogen (TN) and total phosphorus (TP). Based -on available information, speculative effluent limits for the expanded discharges of 8.0 and 12.0 MGD to South Fork Catawba River are presented in Tables 1 and 2. A complete evaluation of these limits and monitoring requirements for metals and other toxicants will be addressed upon receipt of a formal NPDES permit application. BOD/NH3 Limits. These speculative limits are based on freezing current permitted BOD ultimate loading (i.e., facility will not be allowed to discharge oxygen=consuming waste above what is currently permitted). 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623-6748 NorthCarolina Internet: www.ncwaterdUalitV.orQ /atf/rallff The resultant limits for BOD5 and NH3 at the expanded flows are considered technologically -feasible. Nutrient Limits. The Lake Wylie TMDL addresses nutrient loading to that waterbody and has been in effect since 1996. For the speculated expansion flows, the existing TN loading limit of 103,2821bs/yr will be maintained but will be allocated for the individual summer and winter seasons. In particular at the requested 12 MGD wasteflow, Cramerton must demonstrate the wastewater treatment plant will be able to meet the equivalent concentration limits of 2 mg/l summer and 4 mg/1 winter through technology, reuse, or other treatment scenarios. TABLE 1. Speculative Limits for Cramerton-Eagle Road WWTP, Expanded flow of 8.0 MGD Effluent Characteristic Flow Effluent Limitations Monthly Avera e . 8.0 MGD Weekl Avera e Dail : Maximum . .. ' BOD5 (April -October) 5.0 m /L 7.5 m /L BOD5 (November - March) 10.0 m /L 15.0 m /L NH3 as N (April - October) 2.0 m /L 6.0 m /L NH3 as N (November - March) 4.0 m /L 12.0 m /L Dissolved Oxygen (minimum) . TSS 30 m /L 45 m /L 6.0 m /L TRC Fecal coliform (geometric mean) 200/100 ml 400/100 ml 28 u /l Total Phosphorus 0.5 mg/1 Total Nitrogen (summer) .. 42,8341bs/summer Total Nitrogen (winter) 60,448 lbs/winter Chronic Toxicity Pass/Fail (Quarterly. test). 90% Note: At 8.0 MGD, TN load limits are equal to 3 mg/l (summer) and 6 mg/1(winter). TABLE 2. Speculative Limits for Cramerton-Eagle Road WWTP, Expanded flow of 12.0 MGD Effluent Characteristic Flow Effluent Limitations MonthlyAverage 12.0 MGD Weekly. Average Dail Maximum; BOD5 (April - October) 4.3 m /L 6.5 m /L BOD5 (November - March) 8.6 m /L 12.9 m /L NH3 as N (April - October) 1.0 m /L 3.0 m /L NH3 as N (November - March) 2.0 m /L 6.0 m /L Dissolved Oxygen (minimum) TSS 30 m /L 45 m /L 6.0 m /L TRC 'Fecal coliform (geometric mean) 200/100 ml 400/100 ml 28 .0 /1 Total Phosphorus 0.33 m /l Total Nitrogen (summer) 42,834 lbs/summer Total Nitrogen (winter) 60,448 lbs/winter Chronic Toxicity Pass/Fail (Quarterl test) 90% Note: At 12.0 MGD, TN load limits are equal to 2 mg/1(summer) and 4 mg/l (winter). Engineering Alternatives Analysis (EAA). Please note that the Division cannot guarantee that an NPDES permit for discharge of expansion up to 8.0 MGD and 12.0 MGD will be issued with these speculative limits. Final decisions can only be made after the Division receives and evaluates a formal permit application for the expanded discharge. In accordance with the North Carolina General Statutes, the practicable wastewater treatment and disposal alternative with the least adverse impact on the environment is required to be implemented. Therefore, as a`component of all NPDES permit applications for new or expanding flow, a detailed engineering alternatives analysis (EAA) must be prepared. The EAA must justify requested flows, and provide an analysis of potential wastewater treatment alternatives. Results of this EAA will need to be presented in the SEPA EA (see below). State Environmental Policy Act (SEPA) EA/EIS Requirements. A SEPA EA/EIS document must be prepared for all projects that: 1) need a permit; 2) use public money or affect public lands; and 3) might have a potential to significantly impact the environment. For existing discharges, significant impact is defined as an expansion of > 500,000 gpd additional flow. Since Cramerton's facility is proposing a discharge of >500,000 gpd flow, the facility must prepare a SEPA document that evaluates the potential for impacting the quality of the environment. The NPDES Unit will not accept an NPDES permit application for the expanded discharge until the Division has approved the SEPA document and sent a Finding of No Significant Impact (FONSI) to the State Clearinghouse for review and comment. A SEPA Environmental Assessment (EA) should contain a clear justification for the proposed project. If the SEPA EA demonstrates that the project may result in a significant adverse effect on the quality of the environment, you must then prepare a SEPA EIS (Environmental Impact Statement). Since your expanded discharge is subject to SEPA, the EAA requirements discussed above will need to be folded into the SEPA document. The SEPA process will be delayed if all EAA requirements are not adequately addressed. If you have any questions regarding SEPA EA/EIS requirements, please contact Hannah Stallings with the DWQ.Planning Branch at (919) 807-6434. Should you have any questions about these speculative limits or NPDES permitting requirements, please feel free to contact Jackie Nowell. at (919) 807-6386 or Tom Belnick at (919) 807-6390. Respectfully, om Belnick Supervisor, Complex Permitting Unit cc: Donald T. Garbrick, P.E./Pease Associates 2925 East Independence Blvd. P.O. Box 18725 Charlotte NC 28218 City of Gastonia, P.O. Box 1748 Gastonia, NC 28053-1748 Attn: Matt Bernhardt US Fish and Wildlife Service, Ecological Services, PO,Box 33726, Raleigh, NC 27636-3726 Attn: Sara Myers NC WRC, Inland. Fisheries,1721 Mail Service Center, Raleigh, NC, 27699-1721 Attn: Fred Harris Mo-or esville,Regional Office./Surface Water Protection Pam Behm& Kathy Stecker /Modeling TMDL Unit Hannah Stallings/Planning Section Central Files NPDES Permit File/NC0006033 iK A NCDENR North Carolina Department of Environment and Natural Resources Division of Environmental Health Beverly Eaves Perdue Governor Mr.Michael Peoples, Manager Town of Cramerton 155 N. Main St. Cramerton, North Carolina 28032 Dear Mr. Peoples: Terry L. Pierce Dee Freeman Director -Secretary ®IRECEIVED VISION OF WATER QUALITY August 19, 2010 AUG 2 7 201.0 SECTIO MOORESVILLE REGIONAL OFFICE Re: Water Supply ARRA Loan Application Project Number DEH-1187 Town of Cramerton Gaston County Enclosed is the American Recovery and Reinvestment Act of 2009 (ARRA) Offer and Acceptance of Loan for Water. Supply System Project, PartA (Part A). This letter describes the`steps needed to implement the Part A and subsequent steps needed to proceed to bid and award of contract. Please note that the departmental administrative fee amount shown in the Part A is based. on the funding amounts applied for in the application. An invoice based on any revisions to the funding amounts will be sent with the Part B approval letter. The departmental administrative fee is due prior to the second (2nd) disbursement. Next..Steps: - 1. Review the enclosed Part A, sign and return to Public Water Supply Section (PWS) 2 3 Please review the terms, conditions and assurances contained in the Part A. If you wish to accept the -offer, sign and date Section Ill Acceptance, by the date indicated on page 2 of the Part A.. After signing and dating the Part A, return one signed and dated original directly to Corey Cavalier, P.E. , Public Wafer Supply Section, 1634 Mail Service Center, Raleigh, NC 27699-16M. Please keep the other signed and dated original for your own files. Execute the final change order, which triggered this revision to the Part A. Complete the Part B, and transmit it to PWS for Local Government Commission (LGC) issuance of loan agreement. After receiving your completed. Part A in Step 1, PWS will forward to you the Offer and Acceptance of Loan or Grant for Water Supply System Project, Part B - Supplemental Project Information (Part B). You can also download the Part B from the "Forms" page of the PWS Web site, at the following' URL: http://www.deh.enr.state.nc.us/Dws/srf/Pages/Other-forms.htm. PWS must review and approve the completed Part B, and forward the Part B to the LGC for' issuance of a loan agreement prior to the state reimbursing the Applicant for any eligible costs incurred. Public Water Supply Section — Jessica G, Miles, Chief 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 Phone: 919-733-2321 1 FAX: 919-715-43741 Lab Form FAX: 919-715-66371 Internet: nccirinkingwater.state.nc.us An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Naturally If you have any questions regarding this matter, please do not hesitate to contact me at (919) 715-2728. Sincerely, C4%"� Corey Cavalier, P.E. Enclosures: Part A (two originals) Cc�==Britt=Setzer;-Mooresville-RegionalOffice Bonnie Fisher, U.S. Infrastructure of Carolina, Consulting Engineer Project File (re.. `cocce'spondence folder) Public Water Supply Section - Jessica G, Miles, Chief One 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 NorthCarolina Phone: 919-733-2321 l FAX: 919-715-43741 Lab Form FAX: 919-715-66371 Internet: ncdrin kingwater. state. nc. us Naturally An Equal Opportunity 1Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor . Director_ Secretary April 16, 2010 Mr. Michael'C. Peoples City Manager City of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2010-LV-0123 Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County Dear Mr. Peoples: A review of the January 2010 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 BOD 1-6 mg/l 15 mg/1(weekly average) 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, Ary r r Marcia Allocco Acting Surface Water Protection Regional Supervisor cc: Point Source Branch Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 NorihCarollilia Internet: htin://oortal.ncdenr.org/sveb/vvg N-durallf An Equal Opportunity \ Afrmative Action Employer— 50% Recycled/10% Post Consumer paper Town of Cramerton Public Utilities Department Mr. John Lesley 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Notice of Violation G.S.143-215.1(a)(6) Compliance Evaluation Inspection Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County, NC Dear Mr. Lesley: 166 North Main Street Cramerton NC 28032 January 13, 2010 JAN 2 0 2010 This is the Written Response that your office has requested. I fill out the Monthly D.M.R. for this facility and forward them to Mr. Jamie Shytle for, his review and signature. Daily, I enter all information on that particulate months D.M.R. When Mr. Shytle is here I put him down as (Y) that day in the (O.R.C. on site) space. If Mr. Shytle is not here for the day I put down (B) that day in the (O.R.C. on site) space. Mr. Shytle is on medical leave at this time. We will let him know that he as O.R.C. needs to sign in upon arrival to WWTP facilities. Sinc el Hubert H. H pDton sr. Operations Chief Town of Cramerton 155 N. Main Street Cramerton, NC 28032 copy: M: Peoples, Town Manager Jamie Syhtle,.Public Utilities. Director • i 4 R j � ,.. ., ; . � _ ' '�.' � SEP - 3 2009 PUBLIC UTILITIES DEPARTMENT 155 North Main Street, Cramerton NC 28032 Public Water Supply Section Wastewater Collections and Treatment Sections Mr. Bob Sledge Point Source Compliance Branch NCDEHNR / DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 REF: Cramerton, Eagle Road WWTP (NC0006033) Dear Mr. Sledge: Please find enclosed our request and supporting documentation for the Affirmative Defense of Upset under Part II of our NPDES permit. If you have any questions or need additional information please contact me and I will be happy to assist you. Sincerely: 4-1 Jamie Shytle Public Utilities Director 155 N. Main Street Cramerton, NC 28032 (0) 704-825-7499 (C) 704-608-4235 i shvtle@cramerton. org PUBLIC UTILITIES V 155 North Main Street, Crary Public Water Supply Division W Eagle Road Wastewater Treatment Plant NPDES NC0006033 Affirmative Defense of Upset ARTMENT NC 28032 Collections and Treatment Division The following information is provided per Part E, section C-5 a and b of the NPDES permit number NC0006033 issued to The Town of Cramerton's Eagle Road WWTP. Background The Town of Cramerton owns and operates the Eagle Road wastewater treatment facilities located at 659 Eagle Road, Belmont, NC 28012. This treatment plant is a 4.0 mgd extended aeration design that was upgraded in 2007 to meet the nutrients and chlorine residual discharge limits established for the South Fork Catawba River basin. A chemical feed system was included in the upgrade and consists of seven chemical storage tanks, metering pumps, telemetry, and other appurtances to provide the necessary chemistry for treatment needs. A specially designed chemical feed building was constructed to house the tanks and equipment to provide spill containment in the event of a catastrophic failure within the chemical feeding system(s). Facilities Unset Cause Identification On Wednesday, August 5's at 2 pm we received a standard load of approximately 4,000 gallons of 50% NaOH, (sodium hydroxide). The off-loading was completed and we re -started the NaOH metering pump. The feed system was checked at 4:30pm for normal operation. All the chemical feeding systems were checked for proper operation at 8:20am and at 4:40pm on Thursday, August 6's and plant operators noted in our logs that all systems were operating normal. Sometime after 4:40pm the chemical fill line for the NaOH calibration tube broke away from an installed piping union and the chemical began to drain from the storage tank and through the separated piping into the building floor drains to a small pumping station located adjacent to the building. Once the NaOH began filling the pump station it was pumped directly to the main influent line that discharges to the activated sludge basin. At approximately 9:00pm the remote pH probe located at the effluent end of the aeration basin began to register a value greater than 9.0 s.u. and an alarm condition was activated on our SCADA system. A high pH value of > 9.0 s u. registered at our aeration effluent was one of the SCADA alarms that were not included as a critical dial out alarm because at this monitoring point a high pH is considered as after the fact. We do have a critical dial out alarm for high pH in the influent preliminary treatment area but this monitoring point was upstream from where the caustic was being pumped into the main line. Notification of upset to Division of Water Quality I have included with this document an email I sent to Mr. John Leslie with the Mooresville regional office of NCDEHNR/DWQ notifying him of the spill and associated upset on Friday, August 07, 2009. Remedial measures taken At first knowledge of the caustic spill and associated upset condition we notified our chemical supplier and other mutual aid members in our area for assistance. Bremitag Southeast was able to re-route a 6,000 gallon tanker of 22% acetic acid from Charlotte -Mecklenburg Utilities to our facility to aid in neutralizing the caustic effects within our system. Because of our low flow conditions we were able to direct all effluent discharge to a spare secondary clarifier and our sludge holding lagoon and thus create a zero discharge condition until our aeration basin became stabilized on Tuesday, August I Ph. Beginning on Monday the 10's. we made arrangements for Stanley Environmental Services to route all their domestic septage tankers to our facility for discharge to add additional carbon. Also they transported tanker loads of active biomass from Mt. Holly's wastewater treatment plant to help in the re -seeding of our secondary treatment basin. We continued this operation of adding extra carbon and biomass throughout the week and concluded on Friday. August 14'h. On Monday. August 17s' we worked with Mr. Neal Powell from Brenntag Southeast in attempts to find an active polymeric blend to aid in clearing up the turbidity in our effluent discharge. We were unsuccessful in finding anything cationic or ionic that would help reduce the dissolved matter other than heavy dosing with aluminum chlorhydrate. We have continued this regimen of dosing the effluent with over 50 mg/L and will continue until our system has reached constant equilibrium. I have sent request to our design engineering firm for assistance in finding the cause of the PVC piping failure that caused the caustic spill into our facilities and have included a copy of the email with this document. Additionally I had our contract instrumentation specialist review the chain of events that transpired from the caustic spill and make recoimnendations for modifications to our SCADA system, field instruments. and other associated equipment so that this sort of occurrence will not happen again under the same circumstances. I have included a copy of his report with this document for your review. As the public utilities director for the Town of Cramerton I can say with all faith that the caustic spill and resulting plant upset could not have been prevented and my staff and I leave met every condition of Part II, section C5, b, (1,2,3,4) of our NPDES permit. I respectfully request that we be considered uunder this special condition. I understand that a notice of violation should be issued for our inability to meet effluent discharge limits during this remedial period and request that no civil penalties be accessed. If you need any further information or have questions do not hesitate to contact me at 704-825-7499 Sincerely: ,-�e Jamie Shytle Town of Cramerton Public Utilities Director 155 N. Main Street Cramerton, NC 20832 ishvtle a.cramerton.org rage i or i Jamie Shytle From: "Jamie Shytle" <jshytle@cramerton.org> To: "Mike Barnes, P.E." <mbames@jnpease.com> Cc: "Michael Peoples" <mpeoples@crarnerton.org>; "Hube" <hhampton@cramerton.org> Sent: Monday, August 17, 2009 3.45 PM Subject: Sch 80 PVC fittings Mike We've experienced several problems with the sch 80 PVC unions throughout our piping system 1 on the contact basin sample pump suction line 1 on the effluent sample pump discharge line 4 in the chemical feed building 1 on the influent potable water booster pump discharge line We can not determine the cause(s) of the failures because they aren't all the same. On some the socket weld fitting failed and on others the union has become finger -loose. Can you have a materials specialist on PVC fittings contact me? I will need some expert input as I finalize my report requesting for "affirmative defense" to the State's DWQ. Quick response is requested because of time limitations from DWQ. ps: What are your plans regarding the recirc pump. If you're buying a new one please let me know the expected delivery date ASAP, and make sure, it's not just like the old ones. Please insure that all rotating wetted parts are chemical resistant. We are starting to see excessive deterioration of the remaining recirc pumps, even with the potable water flush -lines we added. Thanks Jamie Shytle Public Utilities Director Town of Cramerton 155 North Main Street Cramerton, NC 28032 704-825-7499 jsliytle@cramerton.org 8/27/2009 KNC KEN NASH COMPANY, INC SERVICE REPORT P.O. BOX 252 LOWELL, NC 28098 704-354-0499 CUSTOMER Town of Cramerton JOB LOCATION Eagle Road WWTP Eagle Road WWTP UMBEK Cramerton NC 28032 8/11/2009 BILLING ADDRESS Town of Cramerton KNC NUMBER 09C101-0811 155 N. Main Street Kenneth D. Nash Cramerton NC 28032 CONTRACT Attn : Jamie Shytle DEMAND x PARTS AND SERVICE Qty Desc Each Total NOTES: FIELD SERVICE FOR EAGLE ROAD WWTP The WWTP at Eagle Road had suffered a caustic soda leak caused by a broken pipe joint, which allowed the chemical to drain into the drainage trough and subsequently out to the wetwell, from which it was pumped into the headworks and made its way to the aeration basins. Customer very concerned about what could be done to help avoid this issue in the future. Chemical bulk tank levels are monitored by means of a Siemens HydroRanger Ultrasonic Level Transmitter installed on each bulk chemical tank. These units, in addition to indicating the level of chemical in the tank and trans- mitting this level to the SCADA System for display, feature several relays. One of these relays is con- figured as a high tank level alarm to work as part of a system to provide a visual and audible alarm if the tank is overfilled. Checked out the operation of this system and verified that alarm will be activated if tank level reaches 95%. Additionally, the HydroRanger units have the ability to generate a "rate of emptying" alarm which can be configured to actuate a relay. In that the normal chemical feed rate would be at most, a few inches per day, this alarm should be able to detect an abnormally high "emptying" rate for a bulk tank. This can be configured for each of the seven m Siemens HydroRangers and this relay output sent to a small annun- ciator module which will indicate which of the tanks has generated an alarm. This unit has an audible alarm built in, and relay outputs can provide a digital input to the SCADA System for an alarm as well as to actuate a visual and/or audible alarm on the outside of the Chemical Storage Building. This annunciator module will .be ordered and installed in a small panel adjacent to the Siemens units. The HydroRangers will be configured to provide this "rate of emptying" alarm, the output signal will provide a visual and audible alarm outside the Chemical Storage Building and a digital input will be provided to the PLC cabinet. The SCADA System will be programmed to display this alarm on the display screen as well as to generate an alarm. TOTAL TRAVEL AND FIELD SERVICE HOURS Page 1 Lesley, John From: Jamie Shytle Ushytle@cramerton.org] Sent: Friday, August.07, 2009.11:02 AM To: John Lesley Cc: Michael Peoples; Hube Subject: Chemical feed system failure at Eagle Road WWTP-Cramerton John We received a tanker load of 50% sodium hydroxide on Wednesday, 8-5-09 at approximately 1400 hours. The offloading went well and we restarted our caustic metering pump. The chemical feed building and pumping systems were checked at-1630 on 8/5/09, again at 0820 on 8/6/09, and at 1640 on 8/6/09. Sometime between 1640 and 2100 that evening the 3 A " piping union below the caustic calibration tube failed. It appears that the (PVC glue) socket weld came apart. As a result nearly 4, 000 gallons of sodium hydroxide drained from the chemical building into our 5.0 mg activated sludge basin. The SCADA system failed to notify any personnel when the high pH values began alarming the system. Our first indication of the chemical spill was upon arrival at 0800 on 8/7/09. By this time the aeration basin average pH was <10.5 s.u. We are constantly monitoring the facility effluent and will divert all discharge flows to a spare secondary clarifier until the water can be neutralized with acetic acid. I have contacted our chemical supplier (Brenntag, USA) for spill support. At this time they are gathering all equipment and chemicals necessary to remediate the caustic spill areas and assist with a chemical neutralizing plan. I will keep you posted with progress. If you have any questions please call my cell phone at 704-608-4235 Thanks Jamie Shytle Public Utilities Director Town of Cramerton 155 North Main Street Cramerton, NC 28032 704-825-7499 j shytlegcramerton.org CRAMERTON Vr% �,F JAN 1 2 2009 1�-'O,�Caso DW&Surface Wafer Pro �� �E €o4i1 PUBLIC UTILITIES DEPARTMENT 155 North Main Street, Cramerton NC 28032 Public Water Supply Division Wastewater Collections and Treatment Division January 8, 2009 Ms. Marcia Allocco NCDEHNR/DWQ 610 East Center Avenue, Suite 301 Mooresville, NC 28115 SUBJECT: Town of Cramerton Eagle Rd., WWTP NPDES: NC0006033 Tracking # NOV-2008-PC-0834 Dear Ms. Allocco . We have completed the necessary equipment installation and electrical service connections to facilitate flow proportional composite sampling of our facility influent wastestream. I apologize for the delay and do not foresee any further issues that would cause our treatment works to violate any conditions of our self monitoring protocols. If you have any questions or need additional supporting information, please do not hesitate to call me at 704-825-7499 or email jshytle o,cramerton.org Sincerely; Jamie Shytle . Town of Cramerton Director, Public Utilities copy: M. Peoples, Town Manager file .. . r . � .. .:, A L& CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 17, 2009, Mr. Michael Peoples Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Notice of Violation G.S. 143-215.1(a)(6) Compliance Evaluation Inspection Cramerton Eagle Road 'WWTP NPDES Permit No. NC0006033 Gaston County, NC Dear Mr. Peoples: Dee Freeman Secretary Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 15, 2009 by John Lesley of this Office. Please inform the facility's Operator -in - Responsible Charge of our findings by forwarding a copy of the enclosed report. Effluent samples were taken for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. Toxicity test information will be forwarded under separate cover when available. The inspection disclosed deficiencies summarized under the Record Keeping section of this report. It is requested that a written response be submitted by no later than January 19, 2009 that details actions taken to address the deficiencies. Please address your response to the attention of Mr. Lesley of this office. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer— 50 o Recycled/10% Post Consumer paper One NorthCarolina Natitrally.- The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at (704) 663-1699.. Sincerely, , Robert B. Krebs Surface Water Protection Section Regional Supervisor Enclosure cc: Bob Sledge, Point Source Compliance United States Environmental Protection Agency Form Approved. EPA Washington, D.C.20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I SI 31 NC0006033 Ill 121 09/12/15 117 18I CI 191 SI 201 I Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -----------Reserved----- 67I 3.0 169 70I 3 I 711 DI 721 NJ 73 W 74 751 I I I 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) 10:00 AM 09/12/15 05/06/01 Eagle Road WWTP Exit Time/Date Permit Expiration Date 599 Eagle Rd Cramerton NC 28032 04:00 PM 09/12/15 10/01/31 Name(s) of Onsite Representative(s)Ritles(s)/Phone and Fax Number(s) Other Facility Data Hubert Harold Hampton/ORC/704-825-7499/ Name, Address of Responsible Official/Title/Phone and Fax Number Michael C Peoples,155 N Main St Cramerton NC 28032/Town Contacted Manager/704-825-7499/7048259049 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program 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 John E Lesley MRO WQ//704-663-1699 Ext.2198/ N.nature of Management Q A Revie "ff/ A ency/Office/Phone and Fax Numbers Da e � >�`, �=MarciaJAYTocco L.� LL47z-:�k—�1--�a—la)WQ//704-663-1 �---�""-- 699 .Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0006033 I11 12I 09/12/15 117 18ICI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The WWTP experienced an upset condition on August 6-17, 2009 resulting from a broken feed line on the NaOH storage tank. The broken pipe allowed the contents of the 4,000 gallon tank to empty into the aeration basin. A pH of >9.0 su at the effluent was caught by the SCADA alarm system; however, it was not a "critical dial out" because it was considered after -the -fact. The point in the SCADA system for a critical dial out is the influent flow structure of the plant. Because the spill was pumped to the aeration basin, the influent was not impacted by the high pH. The alarm system is being upgraded to measure the volume loss of the storage tanks and set off a critical dial out if the loss is out of the ordinary feed rate. The facility was in violation of residual chlorine, BOD, and TSS for daily maximum, weekly average, and monthly average limits (NOV-2009-LV-0509). The Division was notified immediately of the spill and upset condition by the ORC and the damage to the system was mitigated in a timely manner. No other violations were reported in the November 2008 through October 2009 period. Page # 2 Permit: NC0006033 Inspection Date: 12115/2009 Owner - Facility: Eagle Road 1MIVTP Inspection Type: compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ 1-1 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n 0— Judge, and other that are applicable? Comment: V— AIn AAA AIR (If the present permit expires in 6. months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ® n n n # Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: Draft permit contains the same limit for a weekly average and monthly average with a monthly monitoring frequency. Record Keeping Yes No NA NE Are records kept and maintairied as required by the permit? ■ ❑ ❑ 171 Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ n n Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? n ■ ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Page # 3 Permit: NC0006033 Owner - Facility: Eagle Road WVVFP Inspection Date: 12/15/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ n ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: The ORC log has been signed by the back up ORC consistently for the past 12 months. Monthly monitoring reports indicate that the ORC was on site and the ORC has signed the reports; however, no visitation documentation is available. 15A NCAC 08G .0204(2)(b) and 15A NCAC 8G .0204(5) require that the ORC must visit the WWTP five days per week excluding holidays and must document visitation in a Daily ORC Log to be maintained at the facility. Laboratory res No NA N Are field parameters performed by certified personnel or laboratory? ■ n ❑ n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ■ ❑ n ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ■ ❑ Comment: The on -site lab (Certificate No. 174) conducts TSS, fecal coliform, pH, DO, conductivity, temperature total residual chlorine, and total phosphorus testing. Water Tech performs BOD, ammonia nitrogen, total nitrogen, and phenol analyses. City of Gastonia conducts color measurement. ETT performs toxicity testing. 0— c,..,.,,... Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n 'n n Is the unit in good condition. ■nnn Comment: The bar screen also serves as grit removal. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in -center well of circular clarifier? ■ 171 Are weirs level? ■ ❑ n171 Is the site free of weir blockage? ■ n n n Page # 4 Permit: NC0006033 Inspection Date: 12/15/2009 Owner - Facility: Eagle Road VWVFP Inspection Type: Compliance Evaluation Secondary Clarifier Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/I) Comment: Nutrient Removal # Is total nitrogen removal required? # Is total phosphorous removal required? Type # Is chemical feed required to sustain process? Is nutrient removal process operating properly? Comment: All process chemicals are stored in a building that is self contained. An audio and visual alarm is present on the system. The SCADA has also been enhanced to detect and notify the staff of any unusual tank volume loss from the chemical,storage tanks. Any spills will be discharged to a sump and contained in the WVVfP. See Summary page for more information. Disinfection -Liquid Yes No NA NE ■DDD , ■nnn ■D❑D ■ D D D ■DDD ■DDD .■DDD Ext. Air Surface ■DDD ■nDD ■DDD ■ D ❑ D ■DDD ■DDD D D D ■ Yes No NA NE Page # 5 Permit: NC0006033 Owner - Facility: Eagle Road WVVrP Inspection Date: 12/15/2009 Inspection Type: Compliance Evaluation Disinfection -Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ n n n (Sodium Hypochlorite) Is pump feed system operational? ■ n n n Is bulk storage tank containment area adequate? (free of leaks/open drains) ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: See above comments regarding chemical storage. Yes No NA NE Type of system ? .Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? n n n ■ Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Are the tablets the proper size and type? n n ■ n Comment: See comments above.regarding chemical storage. Are tablet de -chlorinators operational? ❑ n ■ Number of tubes in use? Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ® n n n Is the flow meter operational? ®n n n (If units are separated) Does the chart recorder match the flow meter? ■ n n n Comment: The flow meter was last calibrated by Ken Nash on 6/9/09. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ n Is sample collected below all treatment units? ■ ❑ ❑ n Is proper volume collected? ■ n ❑ n Is the tubing clean? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n In n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Page # 6 r Permit: NC0006033 Inspection Date: 12/15/2009 Effluent Sampling Comment: Influent Sampling # Is composite sampling flow proportional? Is sample collected above side streams? Is proper volume collected? Owner - Facility: Eagle Road WVVfP Inspection Type: Compliance Evaluation Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is sampling performed according to the permit? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE ■nnn ■nnn ■ n n n ■nnn ■ n n n ■nnn ■ n n n ■ n n n nn■n Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n n n Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n Is the generator tested by interrupting primary power source? ■ n n ❑ Is the generator tested under load? ■ n Fl F Was generator tested & operational during the inspection? ■ ❑ ❑ Do the generator(s) have adequate capacity to operate the entire wastewater site? \■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ fl fl fl Is the generator fuel level monitored? ■ ❑ fl Comment: Generators are tested under load weekly. National Power is contracted to provide maintenance for the generator (VVVVTP staff performs routine preventative maintenance). Fuel level is monitored electronically. Page # 7 Town of Cramerton Annual Wastewater Report for ZOOS The North Carolina Clean Water Act of 1999 requires the Town of Cramerton to provide an annual report to its customers and to the North Carolina Department of Environment and Natural Resources (NCDNR) to summarize the sewage treatment works and collection system's performance over the past calendar year. You may review the Act at: http://www ncaa state nc us/htmll999/bills/`ratified/house/hbill160.full.html. The Town of Cramerton is pleased to present this 2008 wastewater report. Each year, the Town of Cramerton completes over 4,855 measurements and chemical analyses to comply with permit requirements to treat your wastewater and safely return it to our natural environment. The Town's staff of certified and State licensed operators are committed to providing the Town's citizens and businesses with efficient, cost-effective wastewater conveyance, treatment, and disposal. We endeavor to improve our collection and treatment processes to protect you and the environment from the potential harm of poorly treated wastewater. If you have any questions about our wastewater system or this report please contact Eagle Road Water Reclamation Facility at 704-825-7499 or visit our website at www.cramerton.org Name of Regulated Entity and Responsible Contact: Director of Public Utilities Operator in Responsible Charge: Jamie Shytle 155 N. Main Street Cramerton, NC 28032 704-824-4337 Hubert Hampton Operations Chief 155 N. Main Street Cramerton, NC 28032 704-825-7499 A N 2 8 2009 ; F E B - 2 2009 Applicable Permits: NPDES Permit: NC: NC0006033 r e'er p-d _.r_,p; Collection System Permit: WQCS00058 Land Application Permit: WQ0002618 Cramerton's Collection and Treatment System and Process Cramerton maintains over 26 miles of gravity sewer lines and force mains within the sanitary sewer collection system. The wastewater treatment plant can treat up to four million gallons per day and is located at 659 Eagle Mountain Road. Wastewater from residential, commercial, and industrial sources flows by gravity through sanitary sewer lines and pumping stations to the wastewater treatment plant where it is treated biologically using a modified extended aeration process and chemical precipitation. The wastewater solids settle out in specially designed circular tanks and are stored on site for final disposal on area pastures where the owners have volunteered to use the biosolids to improve their soil. Harmful bacteria and other pathogens in wastewater are killed by chlorination and then the chlorine, which can be harmful in the environment, is safely removed before discharge into the South Fork Catawba River. ,� � ? e i r ` ollowing: In 2007 the Wastewater treatment facility under went a major facility upgrade which included the f 1. Total electrical system upgraded from 575 volt to 480 volt. 2. New chemical feed equipment and storage facilities 3. Secondary settling tanks refurbishment along with new pumps and piping. 4. Chlorine contact chamber upgraded and fitted with diffused air systems. 5. New Bar screen and compactor for the removal of inorganic material. 6. Two standby generators capable of supplying complete electrical power to the waste water facility in case of power outages. 7. Computer controlled alarm notification systems 8. New Administration building with offices, and laboratory. Performance We are proud to report the following: Cramerton's Eagle Road facilities exceeded all requirements of the NPDES permit conditions and environmental laws for 2008 by maintaining a near 100% treatment efficiency. The sanitary sewer collection system had zero monitoring or reporting violations for 2008 which includes no reportable bypasses or overflows of the sewer collection system. Public Notification / How You Can Help Us Protect the Environment If an overflow of the collection system does occur the Town is required to repair the problem causing the overflow, mitigate any damage, and report the spill to the State, and in the case of larger spills, public notice is required. The State can impose fines on the Town for large sewer overflows. Most overflows are caused by grease or obstructions. The Town has ordinances to control fats, oils, and greases and you can help the Town minimize overflows by keeping fats, oils, and grease out of your drains. You can also help minimize accidental overflows by calling 911 if you see water running out of a manhole or broken pipe. Certification I certify, to the best of my knowledge, this report is accurate and complete, meeting the requirements of North Carolina House Bill 1160, 1999 Clean Water Act, and the guidance provide by DWQ Compliance and Enforcement Unit's in a letter of October 10, 1999. Thomas I Shyde, Director Public Utilities Date This report was posted on www cramerton. org and at Town Hall NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 23, 2009 Mr. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subj ect: Notice of Violation — Effluent Limitations Tracking #: NOV-2009-LV-0509 Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County Dear Mr. Peoples: A review of the August 2009 self -monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date I Parameter Reported Value Permit Limit 8/11/09 Total residual chlorine 154 µg/L 28 µg/L (Daily maximum) 8/12/09 Total residual chlorine 1,100 µg/L 28 µg/L (Daily maximum) 8/13/09 Total residual chlorine 582 µg/L 28 µg/L (Daily maximum) 8/14/09 Total residual chlorine 460 µg/L 28 µg/L (Daily maximum) 8/17/09 Total residual chlorine 394 µg/L 28 µg/L (Daily maximum) 8/15/09 BOD 24.8 mg/L 15.0 mg/L (Weekly average) 8/15/09 TSS 260 mg/L 45.0 mg/L (Weekly average) 8/31/09 TSS 71.7 mg/L 30.0 mg/L (Monthly average) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service:1-877-623-6748 NOTt11Car01111a Internet: w�wv.ncwaterquality.org Mr. Michael Peoples, Town of Cramerton NOV-2009-LV-0509, Page 2 November 23, 2009 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sin rely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA . Division of Water Resources November 4, 2014 MEMORANDUM To: Michael Parker Water Quality Regional Operations, MRO Through:' Cindy A. Moore Supervisor, Aquatic T6xicologyBranch (ATB) From: Carol Hollenkamp Quality Assurance� cer, Aquatic Toxicology Branch,(ATB) Subject Whole, effluent. toxicity test results Gastonia/Eagle Road WWTP I NP DES Permit 9 NCO006033/001 Gaston County The aquatic toxicity test using flow -proportional 'composite samples of effluent discharged from the Gastonia/Eagle Road WWTP has been completed Gastonia/Eagle Road, WWTP has apertmitted effluent: l F , discharge that is 4.0 million gallons per day.(MGD) entering the Catawba River (7Q0 of 1:25 CS). Whole effluent samples were collected on October 7 and Octob6r 9 by Wes.Bell for use in 4 chronic Ceri6daphnia dtibia pass=fail toxicity test. This test passed for purposes of the toxicity inspection. Toxicity test information follows. Test, Type .3-Brood. CeriodaDhnia dubid chronic pass fail 'Test Concentrations 4.7% Test Result PASS (ffirT6xicityliispection) Control Survival, 100% Control Mean 'Reproduction 12.0 -neonates Test Treatnient Survival, 100% Treatment Mean Reproduction . 19.6.neonates First SamplepH: 7.68 SU First Sample_Conductivity 432 micronihoslcm First Sample Total Residual Chlorine <0. 10 mg/L. Second Sample pH, 7.67 SU Second Sample Conductivity 438 micromhos/cm Second Sample Total Residual. Chlorine <OJO mg/L Test results for. the abow samples indicate that the effluent would not bepredicted to have water quality impacts onrece receiving water under conditions of maximum permitted discharge at'7Ql Q flow. The test run by ATB'had a. control organism reproduction of 67%, which does,not meet the,80% 3d brood control reproduction, as required by NC protocol for compliance testing,, and: also failed to meet the minimum required average of 15: neoriates/surviving female. However, this testis not: used.,.for reporting compliance; but-r-,at hertocornpletethereq s pf a toxicity inspection. Because the control test criteria failures were accompanied by robust, consistent test organism reproduction that was significantly greater than the control, reproduction, and the EPA requirement of 60% 3'd brood reproduction was met, the test. is considered Valid for the toxicity inspection. Please contact us if youhave any questions or if farther effluent toxicity monitoring is desired. We maybe reached at (919) 743-9401. Basin-. CTB36 ,cc: . Central Files; Wes Belt (MRO) Aquatic Toxicology Branch :Water SIe nces Section c Bell, Wes From: Hollenkamp, Carol Sent: Wednesday, November 05, 2014 4:05 PM To: Parker, Michael Cc: Bell, Wes; Moore, Cindy.; Ventaloro, Christopher Subject: Toxicity Test Report Attachments: Gaston ia_EagleRd WWTP_1014.pdf Attached is the toxicity test report for Gastonia/Eagle Road WWTP. . If you have any questions, just let me know. Thanks, Carol Hollenkamp Aquatic Toxicology Branch/Water Sciences Section North Carolina Division of Water Resources/DENR 1621 Mail Service Center, Raleigh, NC 27699-1621 Please NOTE NEW PHONE # Phone: (919) 743-8440 Fax: (919) 743-8517 Website: http://Portal.ncdenr.org/web/wq/ess/atu E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. I�� illMI Postage $ Certiiled Fee K. 7 it 26 Return Receipt Fee 2.20 Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) 95 s MR MICHAEL PEOPLES, TOWN MGR. TOWN OF CRAMERTON s, 155 NORTH MAIN STREET """"""""'""'"'"ol ' c CRAMERTON NC 28032 _______________ swp/wb 12/11/08 'ertified Mail Provides: A mailing receipt — A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years ryportant Reminders: Certified Mail may ONLY be combined with First -Class Mall® or Priority Mail Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt.may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt N required. For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. VIPORTANT: Save this receipt and present it when making an inquiry. S Farm 3800, August 2006 (Reverse) PSN 7530.02-000.9047 UNITED STATES PQ�S .9ERV '2 • Sender: Please print your name, address, a RIP + 4 in t f C.f:k Cz NCDENR SURFACE WATER PROTECTI 610 EAST CENTER AVE c) SUITE 301 10 R E S Y TL L E N C- 2 8 3 �D 1-D , 71 CO E' Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the'rev_ erse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MR MICHAEL PEOPLES, TOWN MGR. TOWN OF CRAiMERTON 155 NORTH MAIN STREET NC 280''2. A. Signature B. Received by (Printed Name) ❑ Agent C. Date ofDeliveii % -In-0 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3 Service Type CRAMERTON I Certified Mail ❑Express Mail I� swp/wb 12/ I 1 /08 J ❑ egistered ❑ Return Receipt for Merchand' ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7007 1490 DI704 i 4'.509 6512 t, i i i; . 1 'S Form 3811. February 2004 Domestic Return Receipt io2sss= 11_u�( Michael F. Easley, Governor 2 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins. Director Division of Water Quality December 11; 2008 CERTIFIED MAIL RETURN RECEIPT_ REQUESTED 7007 1490 0004 4509 6512 Mr. Michael C. Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina. 28032 Subject: Notice of Violation Compliance Evaluation Inspection Cramerton/Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County, N.C. Tracking #: NOV-2008-PC-0834 Dear Mr. Peoples: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 4, 2008 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV) due to the facility's continued failures to collect flow proportional influent composite samples which is a violation of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Influent Sampling section of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements'of any permit issued pursuant to G.S. 143-215.1. SI NCDENR e NCarolina Noatma!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Michael C. Peoples December 11, 2008 Page Two It is requested that a written response be submitted to this Office by January 1, 2009, addressing the above -noted monitoring violation as detailed in the attached report. The Division had previously cited the Town for this monitoring violation in the compliance evaluation inspection report dated February 5, 2008. The Town's February 26, 2008 response (via contracted engineering firm) indicated that the influent composite sampler would be collecting flow proportional samples by March 10, 2008. The influent composite sampler has not collected flow proportional samples to date. Please be advised that the Division may proceed with an enforcement recommendation to the Director if the influent sampler is not collecting flow proportional samples within 30 days of the receipt of this report. Your response shall include the Town's actions to immediately address this violation. Please address your comments to the attention of Mrs. Marcia Allocco. The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mrs. Allocco or Mr. Bell at (704) 663-1699. Sincerely, Samar Bou-Ghazale Acting Regional Supervisor Surface Water Protection Enclosure cc: Gaston 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 I NI 2 I_j 3I NC0006033 111 12I 08/12/04 117 18I rl 191 S1 20ILi J Remarks 2111111111 11111111 1111 11111111 11111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---------------- --------- Reserved ---- ---------------- 67I 1.5 169 701 31 711 N I 721 NJ 73_Lj 74 751 I I I 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) Eagle Road WWTP 09:40 AM 08/12/04 05/06/01 Exit Time/Date Permit Expiration Date 599 Eagle Rd Cramerton NC 28032 02:25 PM 08/12/04 10/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Hubert Harold Hampton//704-825-7499 / Thomas J Shytle/ORC/704-825-7499/ Name, Address of Responsible Official/Title/Phone and Fax Number Michael C Peoples,155 N Main St Cramerton NC 28032/Town Contacted Manager/704-825-7499/7048259049 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Storm Water Section D: Summary of Find in/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 Wesley N Bell MRO WQ//704-663-1699 Ext.2192/ A 0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ++ I bi10 I Marcia A!occMRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0006033 I�1 12I 08/12/04 I �� 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NC0006033 Inspection Date: 12/04/2008 Owner - Facility: Eagle Road WWTP Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ❑ ■ n # Are there any special conditions for the permit? ❑ ❑ ■ Is access to the plant site restricted to the general public? ■ ❑ n ❑ Is the inspector granted access to all areas for inspection? ■ 171 ff-1 n Comment: The permit description does not adequately describe the VWVfP due to the completion of the approved upgrades (ATC dated 10/28/05). In addition, the facility does not have a belt press and the plant is only equipped with one aerobic digester. The two remaining sludge drying beds have been removed from the treatment process. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n 171 Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ ❑ ❑ n Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n Cl n Has the facility submitted its annual compliance report to users and DWQ? ❑ C3 n ■ (If the facility is = or > 5 MGD permitted flow)' Do they operate 24/7 with a certified operator on each shift? n ❑ ■ Is the ORC visitation log available and current? ■ ❑ n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ Cl n n Facility has copy of previous year's Annual Report on file for review? n n n ■ Page # 3 Permit: NC0006033 Owner - Facility: Eagle Road WVNrP Inspection Date: 12/04/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: The records were organized and well maintained. The facility staff have made commendable improvements to the overall documentation and record keeping systems. DMRs were reviewed for the period November 07 through September 08. No limit violations were reported. No influent value was reported on 3/14/08; however, the inspection verified the discrepancy was a transcription error. Only twice per week upstream/downstream sampling was performed during the week of 6/29/08 - 7/5/08. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ ❑ ❑ # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n n ■ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ n Comment: Influent and effluent analyses (including field parameters) are performed under the on -site laboratory certification #174. Water Tech Labs (Certification #50), City of Gastonia's Crowders Creek WWTP Laboratory (Certification #210), and ETT Environmental, Inc. (Certification #22) have also been contracted to provide analytical support. The laboratory instrumentation utilized for field analyses appeared to be properly calibrated. Influent Sampling Yes No NA NE # Is composite sampling flow proportional? n ■ n Cl Is sample collected above side streams? ■ n n n Is proper volume collected? ■ n n Is the tubing clean? ■ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is sampling performed according to the permit? n ■ Cl n Comment: Time -based composite samples were being collected. This violation was noted in the previous compliance evaluation inspection performed on 1/31/08. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ 00 Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ n Q ❑ Is the tubing clean? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ Q n Page # 4 Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 12104/2008 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: Upstream / Downstream Samplin Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n n Cl Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. The operation and maintenance records (including process control data) were organized and well maintained. The operations staff utilize a SCADA system to aid in the operation of the treatment facility. Bar Screens Yes No NA NE Type of bar screen a.Manual fl b. Mechanical ■ Are the bars adequately screening debris? ■ n Cl n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n . Is the unit in good condition? ■ n n n Comment: The mechanical bar screen was temporarily out of service due to electrical problems. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Surface Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ■ ❑ ❑ Are the diffusers operational? ❑ n ■ Is the foam the proper color for the treatment process? ■ n n Does the foam cover less than 25% of the basin's surface? ■ ❑ n n Is the DO level acceptable? ■ ❑ n n Page # 5 Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 12/04/2008 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: The facility continues to use a curtain in the aeration basin to direct the flows in a "horseshoe" pattern. Nutrient Removal Yes No NA NE # Is total nitrogen removal required? ■ n n n # Is total phosphorous removal required? ■ n n 11 Type Chemical # Is chemical feed required to sustain process? ■ Cl n n Is nutrient removal process operating properly? ■ n Q n Comment: The faciity is required to comply with an annual effluent total nitrogen limit (103.282 lbs./year) and a monthly average effluent total phosphorus limit (1.0 mg/1). Aluminum chlorohydrate is added in the aeration basin effluent (prior to secondary clarification) to reduce/remove phosphorus levels. The facility currently does not have to remove total nitrogen due to the extremely low influent flows. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ Q ❑ El Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ■ ❑ n n Is the overflow clear of excessive solids/pin floc? ■ Q ❑ El Is the sludge blanket level acceptable? (Approximately''/< of the sidewall depth) ■ n 11 n Comment: The facility was using one of two secondary clarifiers due to low influent flows. The facility staff are in the process of diverting the stormwater runoff away from the secondary clarifiers. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ n n n Are pumps operational? ■ n n n Page # 6 J Permit: NC0006033 Inspection Date: 12/04/2008 Pumps-RAS-WAS Are there adequate spare parts and supplies on site? Comment: All four RAS pumps were operational. Owner - Facility: Eagle Road WWTP Inspection Type: Compliance Evaluation Is containment adequate? Is storage adequate? Are backup pumps available? Is the site free of excessive leaking? Comment: Disinfection -Liquid Is there adequate reserve supply of disinfectant? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Are the tablets the proper size and type? Comment: The facility uses liquid sodium bisulfite for dechlorination. Are tablet de -chlorinators operational? Number of tubes in use? Comment: Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? Yes No NA NE Yes No NA NE Yes No NA NE ■nnn ■ n n n . ■ n n n ■nnn ■nnn ■nnn nn■n Permit: NC0006033 Inspection Date: 12/04/2008 Pumps-RAS-WAS Are there adequate spare parts and supplies on site? Comment: All four RAS pumps were operational. Owner - Facility: Eagle Road WWTP Inspection Type: Compliance Evaluation Is containment adequate? Is storage adequate? Are backup pumps available? Is the site free of excessive leaking? Comment: Disinfection -Liquid Is there adequate reserve supply of disinfectant? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Are the tablets the proper size and type? Comment: The facility uses liquid sodium bisulfite for dechlorination. Are tablet de -chlorinators operational? Number of tubes in use? Comment: Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? Yes No NA NE Yes No NA NE Yes No NA NE ■nnn ■ n n n . ■ n n n ■nnn ■nnn ■nnn nn■n Permit: NC0006033 Owner - Facility: Eagle Road WWT"P Inspection Date: 12/04/2008 Inspection Type: Compliance Evaluation Flow Measurement - Effluent Yes No NA NE (If units are separated) Does the chart recorder match the flow meter? n o ■ o Comment: The flow meter is calibrated annually and was last calibrated on 6/17/08. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n n o ■ Are the receiving water free of foam other than trace amounts and other debris? n n n ■ If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The effluent appeared clear with no floatable solids or foam. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n n n Is the mixing adequate? ■ n n n Is the site free of excessive foaming in the tank? ■ n n n # Is the odor acceptable? ■ n n n # Is tankage available for properly waste sludge? ■ n n n Comment: The facility staff were in preparation to land apply sludge in accordance with Permit No. WQ0002618. Synagro has been contracted to perform the land application of sludge. Standby Power Yes No NA NE Is automatically activated standby power available? ■ 0 ❑ n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested & operational during the inspection? n n n ■ Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n Is the generator fuel level monitored? ■ . n n n Comment: The facility is equipped with two standby power generators that are tested on a weekly basis. The generators are tested under load twice per year (at a minimum). Page # 8 1 CRAMERT®N E3 PUBLIC UTILITIES DEPARTMENT 155 North Main Street, Cramerton NC 28032 Public Water Supply Division Wastewater Collections and Treatment Division Mrs. Marcia Allocco NCDWQ 610 East Center Street, Suite 301 Mooresville, NC 28115 SUBJECT: NOV-2008-PC-0097 Town of Cramerton / Eagle Rd. WWTP Dear Mrs. Allocco Please find attached the letter of explanation from our contracted enginnering firm. It should explain the reason(s) for the delay in flow proportional composite sampling on our influent wastestream. If you have any further questions, please call me at 704-825-7499. Sincerely, Jamie Shytle Public Utilities Director Town of Cramerton 155 N. Main St. Cramerton, NC 28032 Email — jsh3jlencramerton.org Copy: Micheal Peoples, Town Manager v 4041P ,epease Architects -Engineers February 26, 2008 Mr. Jamie Shytle 'Director of Public Works and Utilities Town of Cramerton 155 North Main Street 'Cramerton, NC 28032-1425 Reference: Town of Cramerton-Eagle Road WWTP Upgrade Cramerton, North Carolina SRF No. CS370730-20 NCDENR ATC Number 006033A01 Pease Associates' No. 2002040.00 Subject: NOV Dear Jamie: Pease Associates 2925 East Independence Blvd. Post Office Box 18725 Charlotte, NC 28218 Phone 704 376-6423 Fax 704 332-6177 As requested, attached is Justification for Remission Request — Attachment A. Please attach this document to your response to NCDNR. If there are any questions, please do not hesitate to call. Sincerely, Donald T. Garbr. , PE President JUSTIFICATION FOR REMISSION REQUEST - ATTACHMENT A DWQ Case Number: Assessed Party: County: Permit Number: Amount Assessed: NOV-2008-PC-0097 The Town of Cramerton Gaston NC0006033 $0 JUSTIFICATION FOR REQUEST FOR REMISSION OF CIVIL PENTALTIES The Town of Cramerton formally requests remission of the above total civil penalties based on North Carolina General Statute 14313-282.1 (c)(2), (3) and (4). 143B-282.1(c)(2) Whether the violator promptly abated continuing environmental damage resulting from the violation. 143B-282.1(c)(3) Whether the violation was inadvertent or a result of an accident. 143-282.1 (c)(4) Whether the violator had been assessed civil penalties for any previous violations. The Town of Cramerton entered into a contract with Hickory Construction to upgrade the existing Eagle Road Wastewater Treatment Plant in order to enhance its operation and environmental protection. The plant was designed with a flow proportional influent sampling system which consists of a sampling pump located at the influent trough and a sampler located in the chemical storage. The pump has been operating intermittently and as a result the contractor and supplier are currently working on solutions. During this period an all weather sampler has been installed to operate during the down periods of the permanent installation. The current all weather sampler is not flow proportional but will be modified to accept the 4 to 20 ma signal. It is the intent to install the all weather sampler as a permanent backup to the original sampling system. During this period the WWTP has been sampling it's wastewater on a continuous basis and we have been working with the contractor to resolve this issue. Schedule of Events The control device for existing all weather sampler has been ordered form Johnston Controls, Inc. Feb. 25, 2008 - Meeting with contractor onsite to resolve issues with existing influent sampling pump. We can not determine completion of work by contractor until meeting is held. March 7, 2008 — Control device is scheduled for delivery to the job site. March 7, thru 10, 2008 — Install flow proportional device in all weather sampler. March 10, 2008 — Issues regarding flow proportional sampling will be complete with back-up. The influent sampling pump issue may be resolved after the Feb. 25, 2008 meeting if pump issues are corrected by the pump manufacturer. Because the WWTP has been sampling its wastewater on a continuous basis and will continue to operate during this period, we hereby request the States assessed amount to remain as $0. CRAMERTON F E B, 2- 7 �,nn NO DIQ RO, o9ry cAa°�'��RV&SUrfaC-O'--W'dt8r-Pf0-, -.aon- I PUBLIC UTILITIES DEPARTMENT 155 North Main Street, Cramerton NC 28032 Public Water Supply Division Wastewater Collections and Treatment Division Mrs. Marcia Allocco NCDWQ 610 East Center Street, Suite 301 Mooresville, NC 28115 SUBJECT: NOV-2008-PC-0097 Town of Cramerton / Eagle Rd. WWTP Dear Mrs. Allocco Please find attached the letter of explanation from our contracted enginnering firm. - It should explain the reason(s) for the delay in flow proportional composite sampling on our influent wastestream. If you have any further questions, please call me at 704-825-7499. Sincerely, Jamie Shytle Public Utilities Director Town of Cramerton . 155 N. Main St. Cramerton, NC 28032 Email — jshytle&cramerton.org Copy: Micheal Peoples, Town Manager .a-��-__" �V i S � *44'e ease Architects —Engineers February 26, 2008 Mr. Jamie Shytle Director of Public Works and Utilities Town of Cramerton 155 North Main Street Cramerton, NC 28032-1425 Reference: Town of Cramerton-Eagle Road WWTP Upgrade Cramerton, North Carolina SRF No. CS370730-20 NCDENR ATC Number 006033A01 Pease Associates' No. 2002040.00 Subject: NOV Dear Jamie: Pease Associates 2925 East Independence Blvd. Post Office Box 18725 Charlotte, NC 28218 Phone 704 376-6423 Fax 704 332-6177 As requested, attached is Justification for Remission Request — Attachment A. Please attach this document to your response to NCDNR. If there are any questions, please do not hesitate to call. Sincerely, �.JV`77� Donald T. Garbr , PE President JUSTIFICATION FOR REMISSION REQUEST - ATTACHMENT A DWQ Case Number. Assessed Party: County: Permit Number. Amount Assessed: NOV-2008-PC-0097 The Town of Cramerton Gaston NC0006033 $0 JUSTIFICATION FOR REQUEST FOR REMISSION OF CIVIL PENTALTIES The Town of Cramerton formally requests remission of the above total civil penalties based on North Carolina General Statute 14313-282.1 (c)(2), (3) and (4). 143B-282.1(c)(2) Whether the violator promptly abated continuing environmental damage resulting from the violation. 14313-282.1(c)(3) Whether the violation was inadvertent or a result of an accident. 143-282.1 (c)(4) Whether the violator had been assessed civil penalties for any previous violations. The Town of Cramerton entered into a contract with Hickory Construction to upgrade the existing Eagle Road Wastewater Treatment Plant in order to enhance its operation and environmental protection. The plant was designed with a flow proportional influent sampling system which consists of a sampling pump located at the influent trough and a sampler located in the chemical storage. The pump has been operating intermittently and as a result the contractor and supplier are currently working on solutions. During this period an all weather sampler has been installed to operate during the down periods of the permanent installation. The current all weather sampler is not flow proportional but will be modified to accept the 4 to 20 ma signal. It is the intent to install the all weather sampler as a permanent backup to the original sampling system. During this period the WWTP has been sampling it's wastewater on a continuous basis and we have been working with the contractor to resolve this issue. . . v . ^ . . �,.~~`. . ` Schedule of Events The control device for existing all weather sampler has been ordered form Johnston Controls, Inc. Feb. 25, 2008 - Meeting with contractor onsite to resolve issues with existing influent sampling pump. We can not determine completion of work by contractor until meeting is held. March 7, 2008 - Control device is scheduled for delivery to the job site. March 7, thru 10, 2008 - Install flow proportional device in all weather sampler. March 10, 20087 Issues regarding flow proportional sampling will be complete with back-up. The influent sampling pump issue may be resolved after the Feb. 25, 2008 meeting if pump issues are corrected by the pump manufacturer. Because the WWTP has been sampling its wastewater on a continuous basis and will continue to operate during this period, we hereby request the States assessed amount to remain as $0. - ^t r(Domes0c #ail Only; No Insurance Coverage Provided) .> D L US E Postage $ Certified Fee 9 Postman 7 Return Receipt Fee 3 (Endorsement Required)_ f HA M c`7> \ % Restricted Delivery Fee (Endorsement Required) 3 �� 13 J MR MICHAEL PEOPLES, TOWN MGR. 13 s TOWN OF CRAMERTON � s 155 NORTH MAIN STREET --------------- ° CRAMERTON NC 28032 �_ swp/wb 2/6/08 .,ertified mail Provides: I A mailing receipt N A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for two years mportant Reminders: _ a Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, ■ Certified Mail is not available for any class of international mail. s NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. I For an.additional fee, a Return Receipt may be requested to provide proof o1 delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt ie required. I For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with thf endorsement Restrictepl Delivery" If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. PORTANT. Save this receipt and present it when making an inquiry.' Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 P Compl-+, items 1, 2, and 3. Also complete - if Restricted Delivery isidesired ..i name and a6&�' on the rever ';. so that we can return the card to you., I Affach.this card to the back of the mai]piede, or on the front if space permits. Article Addressed to: MR MIC14AEL PEOPLES, TOWN MGR. TOWN OF CRAMERTON 155 NORTH MAIN STREET CA4AMERTON NC 28032 swp/wb 2/6/08 by ( D. Is delivery address dif If YES, enter delivery E3 Agent 0 Addre Name)/C. 67te 2.f Del - —'; 4 iterh 17 El Yes below: [I No Service Type Certified Mail 0 Express Mail I Ngistered 13 R e*tum Receipt for Merchandise 13 In red Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 1 71,�006i2i,?i60 0001fiW7 l-� 4.38 -., .-- i ).qFnrm.qA11 Pohninw9nnA n—osfin- Ppfiirn Aprpint UNITED STATE9—P t&VICFE Po4age & Fees F I T11. • Sender: Please print your name, addressiand ZIP+4 in thisk :NCDENR 0 rn SURFACE WATER PROTEC@DI.O r-O 610 EAST CENTER AVE M = SUITE 301 C) ;a bo090MM's MOORESVILLE NC 28115 6 OD 1. Ili hIJ111 III I I Ild W, A QY vv n I tgQG Michael F. Easley, Govern r / William G. Ross Jr., Secre rNorth Carolina Department of Environment and Natural Resou es Coleen H. Sullins. Director Division of Water Quality February 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 8497 6438 Mr. Michael C. Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Notice of Violation - Compliance Evaluation Inspection Cramerton/Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County, N.C. Tracking #: NOV-2008-PC-0097 Dear Mr. Peoples: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 31, 2008 by Mr. Wes Bell of this Office. Please ; advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. Although the facility's operations and maintenance are commendable, this report is being issued as a Notice of Violation (NOV) due to the facility's failure to collect flow proportional influent composite samples which is a violation of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Influent Sampling section of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by February 26, 2008, addressing the above -noted monitoring violation and the deficiency cited in the Influent Sampling sections of the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. NCDENR Node Carolina �turu!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterguality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Michael C. Peoples February 5, 2008 Page Two During this inspection, the ORC was given a copy of the Notice of Intent (NOI) and supporting documentation to apply for a permit to discharge stormwater at the WWTP site. The Town's WWTP is required to secure a stormwater permit due to the design flow being at or above 1.0 MGD and the presence of a stormwater outfall. Stormwater Permits are required under the authority of G.S. 143-215.1 and the NOI with the supporting documentation and fee should be submitted to the Division (address listed on the NOI) by March 5, 2008. The report should be self-explanatory; however, should you have questions concerning this report or the stormwater application/permit, please do not hesitate to contact Mrs. Allocco, Mr. Bell, or me at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Gaston County Health Department United States Environmental Protection Agency Form Approved. Washington, D.C.20460 r EPA C r!'1 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 IN 2 15I 31 NC0006033 Ill 121 08/01/31 117 18I CI 191 c1 20I Remarks 21111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA . -------- 7------------------ Reserved ---------------------- 67I 1.5 169 70) 3 I 711 N I 72 I N I 73 LLJ 74 75I I I I 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) Eagle Road WWTP 09:34 AM 08/01/31 05/06/01 Exit Time/Date Permit Expiration Date 599 Eagle Rd Cramerton NC 28032 04:11 PM 08/01/31 10/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Hubert Harold Hampton//704-825-7499 / Thomas J Shytle/ORC/704-825-7499/ Name, Address of Responsible Official Title/Phone and Fax Number Contacted Michael C Peoples,155 N Main St Cramerton NC 28032/Town Manager/704-825-7499/7048259049 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Compliance Schedules Effluent/Receiving Waters Laboratory ; Section D: Summary of Find in /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 Wesley N Belly MRO WQ//704-663-1699 Ext.231/ gement Q A Reviewer ency/Office/Phone and Fax Numbers a N0<1b Sign ure Mocco Marc a WQ//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0006033 - I" 12I 08/01/31 I " ,BICI Sectioh D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: DMRs were reviewed for the period November 06 through October 07. Weekly average effluent BOD violations were reported in November 06 (4-total), December 06 (5-total), and March 07 (1-total). Monthly average effluent BOD violations were reported in November 06, December 06, and March 07. Weekly average effluent TSS violations were'reported in November 06 (2-total) and March 07 (2-total). Monthly average effluent TSS violations were reported in November 06 and March 07. Weekly average effluent fecal coliform violations were reported in November 06 (4-total), December 06 (3-total), and January 07 (2-total). Monthly average effluent fecal coliform violations were reported from November 06 through January 07. A monthly average effluent ammonia violation was reported in February 07. The facility failed to achieve 85% removal efficiency for TSS in November 06 and December 06 and for BOD in December . 06. The Division has separately addressed all above -noted violations by the issuances of either NOVs, NOV/civil penalty assessments, or SOC agreements. The review of the facility's self -monitoring program revealed the following discrepancies: - no flow was reported on 3/31/07*, 4/28/07*, and 4/29/07*. - no effluent total phosphorus and total nitrogen were reported for the week of 3/19/07. - the flow was not recorded on the DMR from 5/29/07 - 5/31/07 (should have been recorded as 0.00 MGD). - effluent TRC values were reported outside of TRC meter's verfied range on numerous occassions. - the upstream pH value reported on 6/27/07* (29.30 s.u.).was incorrectly transcribed. - instream values were reported on 6/31/07 (transcription errors). - only once per week (1/w) instream sampling was reported (3/w required)for the week of 8/26/07*. - only 2/w sampling was reported (3/w required) for the week of 9/2/07. - effluent TSS values were reported below the PQL for October 07. - the effluent phenols value was not reported down to the appropriate PQL on several DMRs. Note: * denotes amended DMRs will be resubmitted. The ORC is currently involved with the Town's wastewater collection system and potable water distribution system. The Town must ensure the ORC is allocated the sufficient time and staff needed for the proper operation of the WWTP (including self -monitoring program compliance). Page # 2 • Permit: NC0006033 Inspection Date: 01/31/2008 Owner - Facility: Eagle Road WWTP Inspection Type: Compliance Evaluation_ Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ■ n Is the facility as described in the permit? n ■ n n # Are there any special conditions for the permit? n n ■ n Is access to the plant site restricted to the general public? ■ ❑ n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit description does not adequately describe the WWTP due to the completion of.the approved upgrades (ATC dated October 28, 2005). The facility currently utilizes aqueous chlorination and dechlorination systems and chemical additions for the removal/reduction of phosphorus. The facility does not have a sludge belt press and the plant is equipped with only one. aerobic digester. Two sludge drying beds have been demolished and -the remaining two drying beds have been removed from the treatment process. Compliance Schedules Yes No NA NE Is there a compliance schedule for this facility? ■ ❑ n n Is the facility compliant with the permit and conditions for the review period? ■ n n n Comment:. The facility operated under EMC SOC WQ S05-010 (for effluent TRC and total phosphorus) and EMC SOC WQ S05-010 Adl (for effluent TRC, total phosphorus, BOD, and TSS). The SOC expired on 12/31/07. The facility has met the compliance schedules set forth by the SOC. Operations & Maintenance Yes No NA NE Is the plant generally. clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ C1.0 0 Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well imaintained. The facility staff incorporate a comprehensive process control program. The upgrades included the installation of a SCADA system to aid in the operation of the treatment facility. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ n n Is all required information readily available, complete and current? ■ ❑ Cl ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n ■ n Are analytical results consistent with data reported on DMRs? ❑ 0 ❑ n Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times`and location of sampling ■ Name of individual performing the sampling ■ Page # 3 Permit: NC0006033 Owner - Facility: Eagle Road VAWP Inspection Date:. 01/31/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Results of analysis and calibration ■ Dates of analysis. ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ❑ ■ n n Has the facility submitted its annual compliance report to users and DWQ? Illi n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ 0 n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ n ❑ n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Overall, the facility's record keeping system was organized and well maintained. See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n Are all other parameters(excluding field parameters) performed by a certified lab? ■ 0 0 n # Is the facility using a contract lab? ■ n 00 Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ n n ■ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ n Comment: ETT Environmental, Inc. (chronic toxicity), City of Gastonia's Crowders Creek WWTP Laboratory (color), and Shealy Environmental Services, Inc. (BOD, ammonia, TSS, TP, TN, fecal coliform, and phenols) have been contracted to provide analytical support.. All field analyses (including conductivity) were and currently are performed by the on -site laboratory (Certification #174). Following the completion of the plant upgrades (including new laboratory facility), the on -site laboratory staff initiated TSS and fecal coliform analyses in October 07. Influent Sampling Yes No NA NE # Is composite sampling flow proportional? fl ■ ❑ fl Is sample collected above side streams? ■ n 0 0 Is proper volume collected? ■ n 0 n Page # 4 a • Permit: NC0006033 Owner - Facility: Eagle Road WVVTP Inspection Date: 01/31/2008 Inspection Type: Compliance Evaluation Influent Sampling Yes No NA NE Is the tubing clean? ■ D D D Is proper temperature set for sample storage (kept at.1.0 to 4.4 degrees Celsius)? ■ D D D Is sampling performed according to the permit? D _E D D Comment: The facility has been collecting time -based composite samples for approximately six months. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ D D D Is sample collected below all treatment units? ■ .D D D Is proper volume collected? - ■ D D D Is the tubing clean? ■ D D D Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ D D D Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ D Cl D Comment: Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n D n Comment: Rnr Crrncnc Yes No NA NE Type of bar screen a.Manual D b.Mechanical ■ Are the bars adequately screening debris? ■ D D D Is the screen free of excessive debris? ■ D D D Is disposal of screening in compliance? ■ D D D Is the unit in good condition? ■ D D D Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Surface Is the basin free of dead spots? ■ D D D Are surface aerators and mixers operational? ■ D D ❑ Page # 5 Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 01/31/2008 Inspection Type: Compliance Evaluation ' Aeration Basins Yes No NA NE Are the diffusers operational? n n ■ Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: The facility staff have installed a curtain in the aeration basin to direct the flows in a "horseshoe" pattern. Nutrient Removal Yes No NA NE # Is total nitrogen removal required? ■ n n n # Is total phosphorous removal required? ■ n n n Type Chemical # Is chemical feed required to sustain process? ■ n ❑ n Is nutrient removal process operating properly? ■ n n n Comment: The facility is required to comply with an annual total nitrogen limit (103,282 lbs./year) and a monthly average effluent total phosphorus limt (1.0 mg/1). The facility currently does not have to remove total nitrogen due to the extremely low influent flows. Aluminum chlorohydrate additions are utilized by the facility to remove/reduce phosphorus levels. In addition, the facility staff utilize a Chem -Scan unit to continuously monitor the phosphorus levels via SCADA system. Cherylical Feed Yes No NA NE Is containment adequate? ■ n n n Is storage adequate? ■ n n n Are backup pumps available? ■ n n n Is the site free of excessive leaking? ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n i Page # 6 • Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 01/31/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE . Is the site free of excessive floating sludge? ■ ❑ Q Is the drive unit operational? ❑ 0 ❑ Is the return rate acceptable (low turbulence)? ■ ❑ Q 0 Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ . . Is the sludge blanket level acceptable? (Approximately %< of the sidewall depth) ■ 0 ❑ ❑ Comment: The facility was currently using one of two final clarifiers due to low influent flows. Both clarifiers were rehabbed as part of the facility upgrades. Both clarifier troughs contained a significant layer of sediment due to stormwater runoff. Several areas adjacent to the clarifiers were not graded properly to divert the stormwater runoff from entering the clarifiers. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ Q Q Q Are pumps operational? ■ El Q Q Are there adequate spare parts and supplies on site? ❑ ❑ 01 ■ Comment: Two of the four RAS pumps were in the process of being repaired and reinstalled. Disinfection -Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ Q ❑ (Sodium Hypochlorite) Is pump feed system operational? ■ n n ■ Is bulk storage tank containment area adequate? (free of leaks/open drains) ■ Q ❑ Is the level of chlorine residual acceptable? ■ ❑ Q 0 Is the contact chamber free of growth, or sludge buildup? ■ 0 Q 0 Is there chlorine residual prior to de -chlorination? ■ Q 0 0 Comment: The facility has installed a Chem -Scan unit that continuously monitors TRC. levels throughout the chlorination and dechlorination processes. This monitoring system is connected to the facility's SCADA system. De -chlorination Yes No NA NE Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ o ■ o Is storage appropriate for cylinders? ❑ ❑ ■ Q # Is de -chlorination substance stored away from chlorine containers? n ❑ ■ ❑ Comment: Page # 7 Permit: NC0006033 Inspection Date: 01/31/2008 Owner - Facility: Eagle Road WWrP Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE _ , Are the tablets the proper size and type? n n ■ n Are tablet de -chlorinators operational? n n ■ n Number of tubes in use? Comment: The facility utilizes aqueous sodium bisulfite for dechlorination. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ 00 n Is the flow meter operational? ■ n n n (If units are separated) Does the chart recorder match the flow meter? n n ■ n Comment: The flow meter is calibrated annually and was last calibrated on 4/28/07 by CITI, LLC. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Cl n n ■ Are the receiving water free of foam other than trace amounts and other debris? n ❑ n ■ If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The effluent appeared clear with no floatable solids or foam. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n n n Is the mixing adequate? ■ n ❑ n Is the site free of excessive foaming in the tank? ■ n n n # Is the odor acceptable? ■ n n n # Is tankage available for properly waste sludge? ■ n n n Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n Is the generator tested under load? ■ n n n Was generator tested & operational during the inspection? n n n ■ Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Page # 8 r Permit: NC0006033 Inspection Date: 01/31/2008 Owner - Facility: Eagle Road WWTP Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Is the generator fuel level monitored? fl Q Comment: The facility has two backup generators that are tested weekly and put under a load on a monthly basis (at a minimum). d Page # 9 WA Michael F. Easley, Governor �0 G William G..Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 25, 2008 M DAVID YOUNG TOWN OF CRAMERTON' 4 rr, 155 N MAIN STREET CRAMERTON NC 28032 SUBJECT: Payment Acknowledgment1P%'- ' e lvrt Civil Penalty Assessment(s) Eagle Road WWTP Permit Number: NC0006033 Case Number(s): LV-2006-0480, LV-2007-0226, LV-2007-0227, LV-2007-0228, LV-2007-0229, LV-2007-0230 Gaston County Dear Mr. Young: This letter is to acknowledge receipt of payment in the amount of $9,862.65 received from you dated July 9, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, !� i/� mcm, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone (919) 807-6300 Location None b�tbCarolina 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. tllCll��l� Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.newatergualitv.org Customer Service 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper RECEIVED, r JUH 16 20V State of North Carolina REPLY TO: Francis W. Crawley =' Environmental Division , 5 4! . �� w�,. P. Department of Justice ROY COOPER �` r �� P.O. Box 629 PO BOX 629 Raleigh, N.C. 27602 ATTORNEY GENL' �.f��?. -,;at� 919 716-6600 - E� ; = l a13igh, North Carolina ( > 27602 (919) 716-6767 June 13, 2008 Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 RE: Assessment of Civil Penalties Against The Town of Cramerton, LV 06-0480, LV 07-0226, 0227, 0228, 0229, 0230 Dear Mayor Murphy: You will find enclosed the Final Agency Decisions of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision documents. According to North Carolina General. Statutes § 143-215.5 and § 150B-45, the town may seek judicial review of the Commission's decisions in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decisions. Otherwise, payment of the civil penalty assessments and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr. Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the town fails to pay the penalties within 30 days of receipt of the final decision documents, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel Enclosure cc: Kevin Bowden Lois Thomas A . I STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF: Assessment of Civil Penalties Against THE TOWN OF CRAMERTON BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION LV 2007-0229 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton in the amount of $1,831:50 ($1,750.00 plus $81.50 investigative costs). The Town of Cramerton's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. the Town of Cramerton's request for oral presentation before the Committee was denied by the Chairman because the -facts and contentions as to the remission criteria were adequately presented in the materials before the Committee and argument would not aid the decisional process; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the -facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by the Town of - - Cramerton, that the Findings of Fact support the Conclusions of Law, and that the Director -2- properly applied the criteria set forth in N.C.G.S. § 14313-282.1 in determining the amount of the civil penalty. The Committee further finds that there are no' grounds shown for remission or reduction of the penalty assessed by the Director for the following effluent discharge violations that occurred in December 2006: a. $750.00 for three (3) violations of N.C.G.S. § 143-215.1(a)(6)-and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the permit weekly geometric mean effluent.limit.for fecal coliform; and b. $1,000.00 for one (1) violation of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the monthly geometric mean effluent limit for fecal coliform. Upon duly made motion and vote, the Committee .finds that the assessment of civil penalties and costs in the amount of $1,831.50 ($1,750.00 civil penalty plug $81.50 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $1,831.50 against the Town of Cramerton is AFFIRMED. 2. That this Final Decision and Order be served upon the Town of Cramerton and upon receipt hereof, the amount of $1,831.50 be paid to the Department of Environment and Natural Resources within thirty days as required by law. r -3- This the idp(day of June, 2008._ r David H. Moreau, Chairman Environmental Management Commission -4- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 Mr. Robert Krebs COURIER MAIL DWQ Regional Supervisor 610 East Center Avenue, suite 301 Mooresville, N. C. 28115 This the 13 day of June, 2008. ROY COOPER' -Attorney General UA, L.J. Francis W. Crawley, Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 - CERTIFIED MAIL 7002 0510 0000 5461 5105 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 Michael F. Easley, Governor s.__ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality OCT 3 1 2007 NC DENR MRO M-Surface- +Voter Protection Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0006033 Town of Cramerton — Eagle Road WWTP Gaston County Case Number LV-2007-0229 Dear Mr. Peoples: 5 I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $1,831.50. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be deli.vered to the North Carolina Environmental Management Commission's. (EMC) Committee On. Civil Penalty Remissions (Committee) for final agency decision. . If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 On e NthCarolina AIA(ra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper Town of Cramerton LV-2007-0229 Remission Result E p.2 Your request for an oral presentation and the documents in this matter will be -reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the.final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, W,,"ZColeen H. Sullins attachment cc: oesui _e_�egona �_"°, fi e Enforcement file Central Files ?' Postage $ ' Certified Fee ®JUN y Return Recqueipt Fee � (Endorsement Rered) Restricted Delivery Fee Required) yy,., %�C� Z (Endorsement L% .�J �& J ~ MR MICHAEL PEOPLES, TOWN MGR. s TOWN OF CRAMERTON s 155 NORTH MAIN STREET --------------- CRAMERTON NC 28032 swp/ma 6/19/07 ertified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years nportant Reminders: Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail( Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. For an additional fee,,a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSO postmark on your Certified Mail receipt ie required. For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted -Delivery". If a postmark on the Certified Mail receipt Is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. RPORTANT, Save this receipt and present it when making an inquiry. S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Michael F. Easley, Governor `LC William G. Ross Jr., Secretary ��11 ►�, North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 19, 2007 CERTIFIED MAIL # 7006 2760 0001 8493 9891 RETURN RECEIPT REQUESTED Mr. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.l(a)(6) and NPDES Permit No. NC000006033 Eagle Road WWTP Gaston County Case No. LV-2007-0229 Dear Mr. Peoples: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,831.50 ($1,750.00 civil penalty + $81.50 enforcement costs) against the Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for December 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Cramerton violated the terms, conditions, or requirements of NPDES Permit No. NC0006033 and North Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Cramerton: HCDENR NocehCarolma Aaiura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: 610 East Center Ave, Suite 301 Mooresville, NC 28115 . Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper $ 750.00 For 3 of the three (3) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly geometric mean effluent limit for fecal coliform. $ 1,000.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,750.00 $ 81.50 $ 1,831.50 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 Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NO 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please.prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessmentfactors 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: (919) 733-2698 Facsimile: (919) 733-3478 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 apples f� Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality. Section staff of the Mooresville Regional Office at (704) 663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water ,Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File,w/ attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2007-0229 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 6,647/100 mL * 400/100 mL (Weekly geometric mean) 001 Fecal coliform 10,570/100 mL * 400/100 mL (Weekly geometric mean) 001 Fecal coliform 17,1551100 mL * 400/100 mL (Weekly geometric mean) 001 Fecal coliform 1,710/100 mL * 200/100 mL (Monthly geometric mean) * Denotes civil penalty assessment STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST THE TOWN OF CRAMERTON PERMIT NO. NC0006033 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND . STIPULATION OF FACTS FILE NO. LV-2007-0229 Having been assessed civil penalties totaling $1,831.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2007 TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0229 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: 1,831.50 Please use this form when requesting remission of this civil penalty. You must also complete the ."Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation o Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §. 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penally assessment factors inN.C.G.S. 143B-282.1(b) 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 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: (use additional pages as necessary) 0 Complete items 1, 2, and 3. Also complete. Item 4 If Restricted Delivery is desired. I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mallplece, or on the front if space permits. I. Article Addressed to: L. MR MICHAEL PEOPLES, TOWN MGR. TO-WN OF CRAMERTON 155 NORTH MAIN STREET_ CR&4ERTON NC 28032 A. 13 Agent Addressee B. iv y (Printed Name) C. Dat ofpellveD D. Is delivery address different from Item 1 ? U WS If YES, enter delivery address below: 13 No 3'NService Type �0 Certified Mail 13 Express Mail 13 Registered 13 Return Receipt for Merchandise [3 Insured Mail 13 C.O.D. ... ) 4. Restricted Delivery? (Extra Fee); C3 Yes 6; 276QJ8-, 0001J&9n3 'it i �102595-02-M-15* 1.11•.IirbaNkU41! 111 186mesio et, im hecelDt UNITED STATES POST AI—S.EfZY.iC]E..., E 6 • Sender: Please print your name, address;=ancl ZlOU'M this b oX'*' NCDENR SURFACE WA,-,T-tk PROTECTION 610 EAST CENTER AVE SUITE 301 MOORESVILLE NC 28115 iff:1111111111111 , if _ 0a0F WA � r M DAVID YOUNG TOWN OF CRAMERTON 155 N MAIN STREET CRAMERTON NC 28032 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 25, 2008 Coleen H. Sullins, Director Division of Water Quality ply g SAevar SUBJECT: Payment Acknowledgment �,1� �� ��s Civil Penalty Assessment(s) Eagle Road WWTP Permit Number: NC0006033 Case Number(s): LV-2006-0480, LV-2007-0226, LV-2007-0227, LV-2007-0228, LV-2007-0229, LV-2007-0230 Gaston County Dear Mr. Young: This letter is to acknowledge receipt of payment in the amount of $9,862.65 received from you dated July 9, 2008. This payment satisfies in Ul the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone (919) 807-6300 Location 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 I�f1e Carolina turullt,� Internet: www.newaterauality.org Customer Service 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recydedll0% Post Consumer Paper u STATE 4 y'aH0 RECE-IVED o o +n n. JUN G _IU0 State of North Carolina NIC lr 1 /".1Ee a0 Department of .justice ROY COOPER ��, I Ee� TTORNEY GENE � �+� >r rti '_ k� �r � �'�c Nigh, North Carolina 27602 June 13, 2008 REPLY TO: Francis W. Crawley Environmental Division P.O. Box 629 Raleigh, N.C. 27602 (919)716-6600 (919) 716-6767 Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 RE: Assessment of Civil Penalties Against The Town of Cramerton, LV 06-0480, LV 07-0226, 0227, 0228, 0229, 0230 Dear Mayor Murphy: You will find enclosed the Final Agency Decisions of. the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision documents. According to North Carolina General. Statutes § 143-215.5 and § 150B-45, the town may seek judicial review of the Commission's decisions in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decisions. Otherwise, payment of the civil penalty assessments and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr. Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the town fails to pay the penalties within 30 days of receipt of the final decision documents, the Department will seek to collect. the amount due through a civil action commenced in Superior Court. Very truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel Enclosure cc: Kevin Bowden Lois Thomas STATE OF F NORTH CAROLINA BEFORE THE REMISSION COMMITTEE OF THE COUNTY OF GASTON ENVIRONMENTAL MANAGEMENT COMMISSION LV 2007-0230 IN THE MATTER OF: Assessment of Civil Penalties ) FINAL DECISION Against ) THE TOWN OF CRAMERTON ) THIS MATTER came- before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry . of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton in the amount of $1,956.50 ($1,875.00.plus. $81.50 investigative costs). The Town of Cramerton's request for remission was presented to the Committee on Civil Penalty . Remissions for consideration. the Town of Cramerton's request for oral presentation -before the Committee was denied by the Chairman because the facts and contentions as to the remission criteria were adequately presented in the materials before the Committee and argument would not aid the decisional process; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and -those of the Division of:Water Quality Having considered the record and the factors set -forth in N.C.G.S. § 14313-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision . and Assessment of Civil Penalties as stipulated by the Town of Cramerton, that the Findings of Fact support the Conclusions of Law, and that the .Director -2- properly applied the criteria set forth in N.C.G.S. § 14313-282.1 in determining the amount of the civil- penalty. The Committee further finds that there are no grounds shown for remission or reduction of the penalty assessed by the Director for the following effluent discharge violations that occurred in January 2007: a. $650.00 for two (2) violations of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NCO006033 by discharging wastewater to the waters of the State that exceeded the permit weekly geometric mean effluent limit for fecal coliform; and b. $1,250.00 for one (1) violation of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NCO006033 by discharging wastewater to the waters of the. State that exceeded the monthly geometric mean effluent limit for fecal coliform. Upon duly mademotion and vote, the Committee finds that the assessment -of civil penalties and costs in the amount of $1,956.50 ($1,875.00 civil penalty plus $81.50 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $1,956.50 against the Town of Cramerton is AFFIRMED. 2. That this Final Decision and Order be served upon the Town of Cramerton and upon receipt hereof, the amount of $1,956.50 be paid to the Department of Environment and Natural Resources within thirty days as required by law. Y -3- This the day of June, 2008. David H. oreau, Chairman Environmental Management Commission J% a -4- . CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties -listed below by the methods indicated: Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton_. RETURN RECEIPT -155 North Main Street Cramerton, N. C. 28032 Mr. Robert Krebs COURIER MAIL - DWQ Regional Supervisor 610. East Center Avenue, suite 301 Mooresville, N. C. 28115 This the 13 day of June, 2008. ROY COOPER Attorney General rancis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 �0F W ATC9Q Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 29, 2007 'w k CERTIFIED MAIL 7002 0510 0000 5461 5105 RETURN RECEIPT REQUESTED OCT 3 7 2001 Mr. Michael C. Peoples IBC DEAR MrRO Town of Cramerton DW &Sur� co eater Proteck - 155 North Main Street - - Cramerton, NC 28032 n Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0006033 Town of Cramerton — Eagle Road WWTP Gaston County. Case Number LV-2007-0230 Dear Mr. Peoples: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $1,956.50. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. - If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return-, the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 No thCarolina JVatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatgMuality.org- Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Town of Cramerton LV-2007-0230 Remission Result p•2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, 6*- Coleen H. Sullins attachment cc: gores Milale-Reg ona,Ioff ce Enforcement file Central Files Y Postage $ : I Certified Fee !�N 7 Return Receipt Fee fff / =1 (Endorsement Required) Restricted Delivery Fee zi (Endorsement Required) �! ✓ F A ` MR MICHAEL PEOPLES, TOWN MGR. S` TOWN OF CRAMERTON si 155 NORTH MAIN STREET CRAMERTON NC 28032 ._____________- swp/ma 6/19/07 ;erlified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years nportant Reminders: i Certified Mail may ONLY be combined with First -Class Mail® or Priority Maio i Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. For an additional fee;. a Return Receipt maybe requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt ie required. For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Defivery°. If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. ViPORTANT: Save this receipt and present it when making an inquiry. S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 .��0� WAT�9QG Michael F. Easley, Governri 4 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 19, 2007 CERTIFIED MAIL # 7006 2760 00018493 9907 RETURN RECEIPT REQUESTED Mr. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC000006033 Eagle Road WWTP Gaston County Case No. LV-2007-0230 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,956.50 ($1,875.00 civil penalty + $81.50 enforcement costs) against the Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for January 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. . Based upon the above facts, I conclude as a matter of law that the Town of Cramerton violated the terms, conditions, or requirements of NPDES Permit No. NC0006033 and North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings -of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and. Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Cramerton: NCDENR Nose Carolina ,Nq&,rally Mooresville Regional Office Division of Water Quality . Phone 704-663-1699 Customer Service Internet: 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper $ 625.00 For 2 of the two (2) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly geometric mean effluent limit for fecal coliform. $ 1,250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,875.00 $ 81.50 $ 1,956.50 TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 1.43-215.6A(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- 2 82. 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 N' 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 2 82. 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: (919) 733-2698 Facsimile: (919) 733-3478 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 Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. - Ll 01 (o 4 (Date) ATTACHMENTS Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2007-0230 - Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 48,769/100 mL * 400/100 mL (Weekly geometric mean) 001 Fecal coliform 1,058/100 mL * 400/100 mL (Weekly geometric mean) 001 Fecal coliform 279/100 mL * 200/100 mL (Monthly geometric mean) * Denotes civil penalty assessment J STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST THE TOWN OF CRAMERTON PERMIT NO. NC0006033 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN. ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0230 Having been assessed civil penalties totaling $1,956.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE 1_: 2007 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0230 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: 1,956.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MR MICHAEL PEOPLES, TOWN MGR. TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 swD/ma 6/19/07 A- ❑ Agent ❑ Addressee B. Received by (Printed Name) I C. D. is delivery address different from Item 1?r ❑ %e If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes n 7Qp.E, 21760 �10o 11B419J 99©711 1111 1 111 1 1 11 11, Feb tjary 2664 11 11 l or estic qetqm Receipt 102595 o2-M-05a UNITED STATES POSTAL SERVICE RE Ali ";:vr -1,77 "21 -1 7.2 *.j.'.JNL- 7111 v F--Sender: Please print your nam%-,a` and NCDENR SURFACE WATER'0 aTIECTION 610 EAST CEWER AVER== 0 SUITE 301 0 MOORESVILLE NC 281 IV - W A TF9p Michael F. Easley, Governor �QF • ` �� G William G. Ross Jr., Secretary �/J r North Carolina Department of Environment and Natural Resources ^- —I Coleen H. Sullins, Director Division of Water Quality July 25, 2008 M DAVID YOUNG 2. TOWN OF CRAMERTON 155 N MAIN STREET CRAMERTON NC 28032 {KV SUBJECT: Payment Acknowledgment `Lt[ Civil Penalty Assessment(s) Eagle Road WW-1? Permit Number: NC0006033 Case Number(s): LV-2006-0480, LV-2007-0226, LV-2007-0227, LV-2007-0228, LV-2007-0229, LV-2007-0230 Gaston County Dear Mr. Young: This letter is to acknowledge receipt of payment in the amount of $9,862.65 received from you dated July 9, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, Z�Elpp�wl 21 Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone (919) 807-6300 Location N?AhCaroIina 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St lvawmlly Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.ncwateroualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recyde&l0% Past Consumer Paper sn sris( q. ' RECE-lVt: U1yPyd w� sr 'trp� - an� �_ d p 9 - 1 JUN 1 G 2008 State of North Carolina REPLY TO: Francis W. Crawley a Environmental Division - NC DENR MR0 Department of Justice ROY COOPER 629 PO BOX 629 RaleiP.Ogh, Box ATTORNEY GENL' e Reigh, N..C.C. 27602 1Q-51.��.�F 919 716-6600 va a t ,�= al igh, North Carolina ( ) 27602 (919) 716-6767 June 13, 2008 Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 RE: Assessment of Civil Penalties Against The Town of Cramerton, LV 06-0480, LV 07-0226, 0227, 0228, 0229, 0230 Dear Mayor Murphy: You will find enclosed the Final Agency Decisions of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision documents. According to North Carolina General. Statutes § 143-215.5 and § 150B-45, the town may seek judicial review of the Commission's decisions in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decisions. Otherwise, payment of the civil penalty assessments and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr. Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the town fails to pay the penalties within 30 days of receipt of the final. decision documents, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel Enclosure - cc: Kevin Bowden Lois Thomas 6 -. . STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF: ) Assessment of Civil Penalties ) Against ) THE TOWN OF CRAMERTON ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION LV 2007-0226 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and § 143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton in the amount of $1,831.50 ($1,750.00 plus $81.50 investigative costs). The Town of Cramerton's request for remission was presented to the Committee on -Civil Penalty Remissions for consideration. the Town of. Cramerton's request for oral presentation before the Committee was denied by the Chairman because the facts and contentions as to the remission criteria were adequately presented in the materials before the Committee and argument would not aid the decisional process; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. § 14313-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by the Town of Cramerton, that the Findings of Fact support the Conclusions of Law, and that the Director -2 properly applied the criteria set forth in N.C.G.S. § 14313-282.1 in determining the amount of the civil penalty. The Committee further finds that there are no grounds shown for remission or reduction of the penalty assessed by the Director for the following effluent discharge violations that occurred in September 2006: a. $750.00 for three (3) violations of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the permit weekly geometric mean effluent limit for fecal coliform; and b. $1,000.00 for one (1) violation of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the monthly geometric mean effluent limit for fecal coliform. Upon duly made motion and vote, , the Committee finds that the assessment of civil penalties and costs in the amount of $1,831.50 ($1,750.00 civil penalty plus $81.50 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: L. That the assessment of civil penalties and costs in, the amount of $P,831.50 against the Town of Cramerton is AFFIRMED. 2. That this Final Decision and Order be served upon the Town of Cramerton and upon receipt hereof, the amount of $1,831.50 be paid to the Department of Environment and Natural Resources within thirty days as required by law. 0 -3- This the day of June, 2008. David H. oreau, Chairman Environmental Management Commission -4- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Mayor Ronald G. Murphy The Town of Cramerton 155 North Main Street Cramerton, N. C. 28032 Mr. Robert Krebs DWQ Regional Supervisor 610 East Center Avenue, suite 301 Mooresville, N. C. 28115 This the �3+ day of June, 2008. CERTIFIED MAIL RETURN RECEIPT COURIER MAIL ROY COOPER Attorney General c-v,-A rancis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 WATER QG U6 r A —I Michael F. Easley, Governor William G. Ross Jr., Secretary 3 r •— -- North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality VOctober 29, 2007 E CERTIFIED MAII.7002 0510 0000 5461 5105 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 OCT 3 1 2007 DWO-Surface fter PrOfection Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0006033 Town of Cramerton — Eagle Road WWTP Gaston County Case,Number LV-2007-0226 Dear Mr. Peoples: I have considered the information submitted in support of your request for rcn issioli �in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify`the civil penalty assessment in the amount of $1,831.50. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered 'to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the -following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 NorthCarolina 'Vatura!!y North Carolina Division of Water Quality 1617 Mail Service Center . Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Town of Cramerton LV-2007-0226 Remission Result p.2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, rryColeen H. Sullins attachment cc. , ... ooresu�lle Regional Offic Enforcement file Central Files L :0 For delivery Information visit our website at www.usps.corns 1.1 2- A L U-SE 11 Postage $ f��°JILL� Certified Fee j \0 Return Receipt Fee i j Postmark Return�U,rH Py M (Endorsement Required) , e - 912M/ CID Restricted Delivery Fee i �v (Endorsement Required) J3 dsps v MR MICHAEL PEOPLES, TOWN MGR. -° TOWN OF CRAMERTON ------------ 155 NORTH MAIN STREET i CRAMERTON NC 28032 ---- --- = swp/ma 6/19/07 'ertified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years nportant Reminders: Certified Mail may ONLY be combined with First -Class Mail® or Priority Mailc Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS.Form 3811) 'to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted -Delivery. If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. NPORTANT. Save this receipt and present it when making an inquiry. S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 19, 2007 CERTIFIED MAIL # 7006 2760 00018494 2822 RETURN RECEIPT REQUESTED Mr. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 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. NC000006033 Eagle Road WWTP Gaston County Case No. LV-2007-0226 Dear Mr. Peoples: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,831.50 ($1,750.00 civil penalty+ $81.50 enforcement costs) against the.Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for September 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Cramerton . violated the terms, conditions; or requirements of NPDES Permit No. NC0006033 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Cramerton: one NhCarolina NCDENR VaNrally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: wa'Nv.ncwatcrgiialitv.ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper $ 750.00 For 3 of the three (3) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly geometric mean effluent limit for fecal coliform. $ 1,000.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by 11 $ 81.50 $ 1,831.50 discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. 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- 2 82. 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 1-9 L0 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 Divisior 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 KO 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: (919) 733-2698 Facsimile: (919) 733-3478 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 Water Quality Section staff of the Mooresville Regional Office at-(704)663-1699. 0 19f 0,-t (Date) ATTACHMENTS Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2007-0226 Outfall Parameter Reported Value 001 Fecal coliform 1,756/100 mL 001 Fecal coliform 572/100 mL * 001 Fecal coliform 20,133/100 mL 001 Fecal coliform 582/100 mL * * Denotes civil penalty. assessment Permit Limit 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 200/100 mL (Monthly geometric mean) STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST THE TOWN OF CRAMERTON PERMIT NO. NC0006033 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0226 Having been assessed civil penalties'totaling $1,831.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that. all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of . Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE 2007 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0226 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: 1,831.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation 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 NE.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or.a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the'violator had not been assessed civil penalties for 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: (use additional pages as necessary) Complete items 1, 2; and 3. Also complete Item 4 if Restricted Delivery is desired. x Print your name and address on the reverse so that we can returri'the card to you. B. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: 'MR MICHAEL PEOPLES, TO�VN MGR. TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 swp/ma 6/19/07 ❑ Agent ❑ Addressee by ( Printed Name) I C. D. Is delivery address different from item 1? 'U Ye: If YES, enter delivery address below: ❑ No 3 Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7.01961, 2►760dlt 849�41''$22 'SlForrri 3811.(Fatiru(3fV 2004 l /it ! Domestic Retum ReceiDt 102595.02-M-154 UNITED STATES POSTAL SERVICE WLM • Sender: Please print your name3,@dr( INCDENR SURFACE WATERTRQTW� 610 EAST CENTER AVE= — I SUITE 301 mQORESVILLE NC 28115—' 8;ancl ZIP-k4iJn-"tWi§ l5b)Z.' i. Lk -3 cm DN RJA WATF9P cis r M DAVID YOUNG TOWN OF CRAMERTON 155 N MAIN STREET CRAIERTON NC 28032 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 25, 2008 Coleen H. Sullins, Director Division of Water Quality SUBJECT: Payment Acknowledgment �� ¢- x' �W P t�' Civil Penalty Assessment(s) z nr Eagle Road WWTP Permit Number: NC0006033 Case Number(s): LV-2006-0480, LV-2007-0226, LV-2007-0227, LV-2007-0228, LV-2007-0229, LV-2007-0230 Gaston County Dear Mr. Young: This letter is to acknowledge receipt of payment in the amount of $9,862.65 received from you dated July 9, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties in no Way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone (919) 807-6300 Location 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 O1e NWthCarolina &,rally Internet: www.newaterguality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledli 0% Post Consumer Paper d„a STATE oN RECkIVED JUld 1 G L•_ `V . State of North Carolina � �' R Itfkp � Department of Justice ROY COOPER PO Box 629 ATTORNEY GENE? n n.n � i ' �i �r ''` r• +ar�.P,� ,RB ti`c9'�-1)�$'-°a..r=. North Carolina 27602 June 13, 2008 REPLY TO: Francis W. Crawley Environmental Division " P.O. Box 629 Raleigh, N.C. 27602 (919)716-6600 (919) 716-6767 Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 RE: Assessment of Civil Penalties Against The Town of Cramerton, LV 06-0480, LV 07-0226, 0227, 0228, 0229, 0230 Dear Mayor Murphy: You will find enclosed the Final Agency Decisions of I the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision documents. According -to North Carolina General. Statutes §143-215.5 and §150B-45, the town may seek judicial review of the Commission's decisions in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decisions. Otherwise, payment of the civil penalty assessments and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as "follows: Mr. Kevin Bowden Compliance Oversight Unit 1617" Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the town fails to pay the penalties within 30 days of receipt of the final decision documents, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel Enclosure cc: Kevin Bowden Lois Thomas STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF: Assessment of Civil Penalties Against THE TOWN OF CRAMERTON BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION LV 2007-0227 FINAL DECISION THIS MATTER came before the Committee on Civil Penalty- Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton in the amount of $1,581.50 ($1,500.00 plus $81.50 investigative costs). The Town of Cramerton's request for remission was presented- to the Committee on Civil Penalty Remissions for consideration. the Town of Cramerton's request for oral presentation before the Committee was denied by the Chairman because the facts and contentions as to the remission criteria were adequately presented in the materials before the Committee and.argument would not aid the decisional process; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by the Town of Cramerton, that the Findings of Fact support the Conclusions of Law, , and that the Director f -2- . properly applied the criteria set forth in N.C.G.S. § 14313-282.1 in determining the amount of the civil penalty. The Committee further finds that there are no grounds shown for remission or reduction of the penalty assessed by the Director for the following effluent discharge violations that occurred in October 2006: a. $500.00 for two (2) violations of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to. the waters of the State that exceeded the permit weekly geometric mean effluent limit for fecal coliform; and b. $1,000.00 for one (1) violation of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the monthly geometric mean effluent limit for fecal coliform. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $1,581.50 ($1,500.00 civil penalty plus $81.50 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $1,581.50 against the Town of Cramerton is AFFIRMED. 2. That this Final Decision and Order be served upon the Town' of Cramerton and upon receipt hereof, the amount of $1,581.50 be paid to the Department of Environment and Natural Resources within thirty days as required by law. -3- This the /20 day of June, 2008. David H. oreau, Chairman Environmental Management Commission -4- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the Parties listed below by the methods indicated: Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 Mr. Robert Krebs COURIER MAIL DWQ Regional Supervisor 610 East Center Avenue, suite 301 Mooresville, N. C. 28115 This the 13 day of June, 2008. ROY COOPER Attorney General rancis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 CERTIFIED MAIL 7002 0510 0000 5461 5105 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality OCT 3 1 2007 NI -Surface Wcter Prctecti®n Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0006033 Town of Cramerton — Eagle Road WWTP Gaston County Case Number LV-2007-0227 Dear Mr. Peoples: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $1,581.50. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural ---- Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina -Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to -make an oral presentation to the Committee on why your request for remission meets . one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Nod` Carolina �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newaterqualitLg Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper Town of Cramerton LV-2007-0227 Remission Result. p•2 Your request for an oral presentation and the documents in this. matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter.. If you have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, pyColeen H..Sullins attachment cc: gores ! s e gonalOffice Enforcement.file Central Files Postage I $ 6 Certified Fee I ® JUM 19 2w Return Recelpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) San MR MICHAEL PEOPLES, TOWN MGR. TOWN OF CRAMERTON sire 155 NORTH MAIN STREET - - cry CRAMERTON NC 28032------------- or , s /ma 6/19/07 ,edified Mail Provides: i A mailing receipt i A unique identifier for your mailpiece i A record of delivery kept by the Postal Service for two years aportant Reminders: Certified Mail may..bNLYbe combined with First -Class Mail® or Priority Maly Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Retum Receipt (PS Form 3B11) to the article and add applicable postage to cover the fee. Endorse mailpiece:"Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". If a postmark on the Certified Mail receipt Is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. VIPORTANT: Save this receipt and present it when making an inquiry. S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 lot__4 Michael F. Easley, Govemot) William G. Ross Jr., Secretary North -Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 19, 2007 CERTIFIED MAIL 4 7006 2760 00018494 2839 RETURN RECEIPT REQUESTED Mr. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 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. NC000006033 Eagle Road WWTP Gaston County Case No. LV-2007-0227 Dear Mr. Peoples: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,581.50 ($1,500.00 civil penalty + $81.50 enforcement costs) against the Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for October 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Cramerton violated the terms, conditions, or requirements of NPDES Permit No. NC0006033 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Cramerton: ne N" No,MCarolina NCDENR Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: w«,%v.nc%%-aterquality.orrn 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper $ 500.00 For 2 of the three (3) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly geometric mean effluent limit for fecal coliform. $ 1,000.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 1,500.00 $ 81.50 $ 1,581.50 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 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 0" 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: (919) 733-2698 Facsimile: (919) 733-3478 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 apples for or a Special Order by Consent If you have any questions about this civil penalty assessment or a Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. (date) Robert B. Krebs Regional Supervisor - Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2007-0227 Outfall Parameter Reported Value 001 Fecal coliform 968/100 mL 001 Fecal coliform 1,010/100 mL 001 Fecal coliform 459/100.mL 001 Fecal coliform 641/100 mL * * Denotes civil penalty assessment Permit Limit 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 200/100 mL (Monthly geometric mean) STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST THE TOWN OF CRAMERTON PERMIT NO. NC0006033 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0227 Having been assessed civil penalties totaling $1,581.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that.the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted. to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of TELEPHONE 2007 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0227 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: 1,581.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver ofRight to an Administrative Hearing and Stipulation 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 ofthe civil penalty assessment factors in N C G S 143B-282 1(b) were wrongfully pplied 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: (use additional pages as necessary) Complete items 1, 2, and.3. Also complete item 4 if Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: MR MICHAEL PEOPLES, TOWN MGR. TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 swp/ma 6/19/07 10 D. Is delivery address different from item 1 It YES, enter delivery address below: ❑ Agent ❑ Addressee ❑ No Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7006 12760 1 UB bil i841941i218391 11 111 111 1i HI If iii; )S,Fnrm 8811 j February 91711714 1 i i a I rDbmAstibiRettinh Rebeibt IMEMM2.M.IFA UNITED STATES POSTAL SERVICE -1. r Uij zaa w, -�j� • Sender: Please print your name ad ress, and . lP,+4..jnT1Wi UJ y INCDENR Cj SURFACE WATEVLTI�PTP-GTION 610 EAST CENTElt.AV-E,,, c\j SUITE 301 MOORESVILLE NC 2.8 . , OaO� W AT �9QG r M DAVID YOUNG TOWN OF CRAMERTON 155 N MAIN STREET CRAMERTON NC 28032 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 25, 2008 Coleen H. Sullins, Director Division of Water Quality SUBJECT: Payment Acknowledgment D°'vf a „ - T _ _ ' '� otame a on Civil Penalty Assessment(s) Eagle Road WWTP Permit Number: NC0006033 Case Number(s): LV-2006-0480, LV-2007-0226, LV-2007-02275 LV-2007-0228, LV-2007-0229, LV-2007-0230 Gaston County Dear Mr. Young: This letter is to acknowledge receipt of payment in the amount of $9,862.65 received from you dated July 9, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, 2 WAIS WMWI NO Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone (919) 807-6300 Location 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 One N5ftthCarolina Nawrallay Internet: www.newateroualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper ,y SLNE ry _lECEIVED y'd Hu•c i... HOQl JUN 1 6 L._ry f'* , State of North Carolina ���1 �� Department of Justice ROY COOPER S3 1 ATTORNEY GENL'�1�P[J�PO BOX 629 { �Fie-@ ljlta Px. �.P �'1`,,.•`czi,•l;(a Pa 4 �( �n-� r i` : >aligh, North Carolina 27602 June 13, 2008 REPLY TO: Francis W. Crawley Environmental Division P.O. Box 629 Raleigh, N.C. 27602 (919) 716-6600 (919)716-6767 Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 RE: Assessment of Civil Penalties Against The Town of Cramerton, LV 06-0480, LV 07-0226, 0227, 0228, 0229, 0230 Dear Mayor Murphy: You will find enclosed the Final Agency Decisions of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision documents. According to North Carolina General. Statutes §143-215.5 and §150B-45, the town may seek judicial review of the Commission's decisions in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decisions. Otherwise, payment of the civil penalty assessments and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr. Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the town fails to pay the penalties within 30 days of receipt of the final decision documents, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, rancis VCrawley Special Deputy Attorney General Commission Counsel Enclosure cc: Kevin Bowden Lois Thomas STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF: ) Assessment of Civil Penalties ) Against ) THE TOWN OF CRAMERTON ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION LV 2007-0228 FINAL DECISION THIS MATTER came before the Committee on -Civil Penalty -Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton in the -amount of $2,081.50 ($2,000.00 plus $81.50 investigative costs). The Town of Cramerton's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. the Town of Cramerton's request for, oral presentation before the Committee was denied by the Chairman because the facts and contentions as to the remission criteria were adequately presented in the materials before the Committee and argument would not aid the decisional process; therefore, its request- for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the -facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by the Town of Cramerton, that the Findings of Fact support the Conclusions of Law, and that the Director -2- properly applied the criteria set forth in N.C.G.S. § 14313-282.1 in determining the amount of the civil penalty. The Committee further finds that there are no grounds shown for remission or reduction of the penalty assessed by the Director for the following effluent discharge violations that occurred in November 2006: , a. $1,000.00 for four (4) violations of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the permit weekly geometric mean effluent limit for fecal coliform; and b. $1,000.00 for one (1) violation of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging. wastewater to the waters of the State that exceeded the monthly geometric mean effluent limit for fecal coliform. Upon duly made motion and vote,. the Committee finds that the assessment of civil penalties and costs in the amount'of $2,08-1.50 ($2,000.00 civil penalty plus $81.50 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $2,081.50 against the Town of Cramerton is AFFIRMED. 2. That this Final Decision and Order be served upon the .Town of Cramerton and upon receipt hereof, the amount of $2,081.50 be paid to the Department of Environment and Natural Resources within thirty days as required by law. -3- This the AO -day- of June, 2008. Davi H. Aofeau, Chairman Environmental Management Commission -4- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton-, N. C. 28032 Mr. Robert Krebs COURIER MAIL DWQ Regional Supervisor 610 East Center Avenue, suite 3 01 Mooresville, N. C. 28115 This the !3 day of June, 2008. ROY COOPER Attorney General P W_ �v Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality AMU October 29, 2007VLD CERTIFIED MAIL 7002 0510 0000 54615105 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 OCT 3 1 2007 NC DENR MRO M-Surface Water Protection Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0006033 Town of Cramerton — Eagle Road WWTP Gaston County Case Number LV-2007-0228 Dear Mr. Peoples: Ij I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds'to modify the civil penalty assessment in the amount of $2,081.50. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for. remission of the civil penalty (with supporting documents) and my recommendation to deny the request ,(with supporting documentation) will be delivered to the North Carolina Environmental Management.Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation, to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 On e NthCarolina Naturall North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwateMuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Town of Cramerton LV-2007-0228 Remission Result p.2 Your request for an oral presentation and the documents in this matter will be reviewed -by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you'have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, Coleen H. Sullins attachment cc:. oaresvi?'lR'egional==Office Enforcement file Central Files • r:Eyl For / • • • - 7 n visit our website at www.usps.como U clefivery O-FF�C�AL USE r ILL y- Postage $ r ,q Certified Fee =1 ReturnReceipt Fee o /' I otts.� ar• 7 (Endorsement Required) ® JUf�t�+�►� '� �i :3 Restricted Delivery, Fee C (Endorsement Requ red) r .� � Tot u Sent MR MICHAEL PEOPLES, TOWN MGR. J3 TOWN OF CRAMERTON ----- ------- ----- Stree 155 NORTH MAIN STREET or P( ------------ cry, CRAMERTON NC 28032 sw /ma 6/19/07 edified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years 7portant Reminders: Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof of delivery, To obtain Return Receipt service, please complete and attach a Return Receipt'(PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required; For :'an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted -Delivery. If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. APORTANT. Save this receipt and present it when making an inquiry... 3 Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 AT �RPG r_ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 19, 2007 CERTIFIED MAIL # 7006 2760 00018494 2846 RETURN RECEIPT REQUESTED Mr. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC000006033 Eagle Road WWTP Gaston County Case No. LV-2007-0228 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,081.50 ($2,000.00 civil penalty + $81.50 enforcement costs) against, the Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for November 2006.. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Cramerton violated the terms, conditions, or requirements of NPDES Permit No. NC0006033 and North Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town, of Cramerton: NCDENR On e r hCarolina Amira!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: N%,Nrw.nc%vatcraualitv.ors 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl.10% Post Consumer Paper . $ 1,000.00 For 4 of the four (4) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly geometric mean effluent limit for fecal coliform. $ 1,000.00 For 1 of the one (1).violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit monthly geometric mean effluent limit for fecal coliform. $ 2,000.00 $ 81.50 $ 2,081.50 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 o£ Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 KO 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 iri 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 27699-671.4 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 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 penafty 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 Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments rb/ma Outfall Parameter 001 Fecal coliform 001 Fecal coliform 001 Fecal coliform 001 Fecal coliform 001 Fecal coliform ATTACHMENT A CASE NO. LV-2007-0228 Reported Value 21,921/100 mL 2,462/100 mL 667/100 mL'* 27,715.7/100 mL 992/100 mL * -X Denotes civil penalty assessment, Permit Limit 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 400/100 mL (Weekly geometric mean) 200/100 mL (Monthly geometric mean) STATE OF NORTH CAROLINA , DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF CRAMERTON ) STIPULATION OF FACTS PERMIT NO. NC0006033 ) FILE NO. LV-2007-0228 Having been assessed civil penalties totaling $2,081.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission .of this civil penalty must be submitted to the Director of the Division of . Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ADDRESS ; TELEPHONE 2007 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0228 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: 2,081.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver ofRight to an Administrative Hearing and Stipulation 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: (use additional pages as necessary) ■ Complete items 1, 2, and 3..AIso complete. Item 4 if Restricted Delivery Is desired. ■ Print your name.and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: -MR MICHAEL PEOPLES; TOWN MGR. TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 swp/ma 6/19/07 A. Agent B. Re6eived by (Printed Name) I C. Date of D. Is delivery address different from item 1? '❑ Ye: It YES, enter delivery address below: ❑ No Service Type 0 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7QQ6 27Eq Plfl ,�4141 2846i itl Iti iitii '$,Fora) 381 L Fporumy, 2Q04.1 I 1 1 Qomgqlc Returg Receipt ❑ Yes it 1 102595-02-M-154 UNITED STATES POSTAL SERVICE 0 Sender: Please print your name; add U Cj ;NCDENR. Cu SURFACE WATEff-P 90TECT§07R 1610 EAST CENTER AVE CQ SUITE 301 'MOORESVILLE NC 28115 —tLs .R� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 25, 2008 M DAVID YOUNG TOWN OF CRAA1ERTON 155 N MAIN STREET -' CRAMERTON NC 28032 Coleen H. Sullins, Director Division of Water Quality P-7-7-A V77m�-.f -�u D 1A 0) SUBJECT: Payment Acknowledgment VIM tection Civil Penalty Assessment(s) Eagle Road WVITP Permit Number: NC0006033 Case Number(s): LV-2006-0480, LV-2007-0226,. LV-2007-0227, LV-2007-0228, LV-2007-0229, LV-2007-0230 Gaston County Dear Mr. Young: This letter is to acknowledge receipt of payment in the amount of $9,862.65 received from you dated July 9, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, 9 � W ME ME I Dina Sprinkle cc: Central Files DWQ-Moof&9viI1e—Re-gJ&Ka-1 Office Supervisor Mailing Address Phone (919) 807-6300 Location 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St Raleigh, NC 27699-1617 Raleigh, NC 27604 One NNPMCarolina IvatArrally Internet: www.newater(lualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recyded/l 0% Post Consumer Paper 4lyd� STA7Ep.Ho�y State of North Carolina. Department Of Justice REPLY TO: Francis W. Crawley ROY COOPER PO BOX 629 Environmental Division ATTORNEY GENERAL fcrawley@ncdoj.gov ncdoj.gov - Raleigh, North Carolina Telephone: 919/716-6600 27602 Fax: 919/716-6767 July 10, 2008 -EIVE"" Rffi�C U Mayor Ronald G. Murphy The Town of Cramerton J U L 14 2008 155 North Main Street Cramerton, N. C. 29032 NC DENR MRO - RE: Request For Remission by the Town of Cramerton. M-Surface Water Protection Dear Mayor Murphy: Enclosed is the Order correcting the fmal-agency decision regarding the civil penalty assessed against the Town of Cramerton at the May. 2008 meeting of the Committee on Civil Penalty Remissions. This Order revises the final decision to reflect the action of the Committee to assess a civil penalty of $500.00 and not the $2,000.00 that was stated in the original written decision. I am also providing a copy to Mr. William Brown who brought the error to the staff s and my attention. Very truly yours, Francis W. Crawley Special Deputy Attorney General - Coin ssion Counsel Enclosure cc: William Brown K&O L< -. LA . STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF: Assessment of Civil Penalties Against THE TOWN OF CRAMERTON BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION LV 2006-0480 ORDER CORRECTING FINAL DECISION THIS MATTER was considered by the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton. The written final decision prepared in this matter contained typographical errors which incorrectly stated the amount of the civil penalty recommended by the Director and assessed by the Committee as $2,000.00 and not the correct $500.00 amount set forth in the record and assessed by the Committee's final action. Therefore it is ORDERED that the final agency decision is revised to show the correct amount of the civil penalty assessed of $580.15 ($500.00 plus $80.15 investigative costs) for the effluent discharge violations that occurred in August 2006. The Town of Cramerton is to pay the corrected assessment of civil penalties and costs in the amount of $580.15 to the Department of Environment and Natural Resources within thirty days as required by law. This the / day of July, 2008. David . oreau, Chairman Environmental Management Commission -2- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing ORDER CORRECTING FINAL DECISION on the parties listed below by the methods indicated: Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C.- 28032 William L. Brown, Esq. US MAIL P. O. Box 399 Cornelius, N. C. 28031 Mr. Robert Krebs COURIER MAIL DWQ Regional Supervisor 610 East Center Avenue, suite 301 Mooresville, N. C. 28115 This the %y day of July; 2008. ROY COOPER North Carolina Attorney General uo- 0- rancis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919/716-6600 dia SLATE wH „n �yi RECEIVED. 0 o i 1 JUid -Ins State of North Carolina i1C DEN!R J: 40 Department of Justice ROY COOPER PO BOX 629 ATTORNEY GENL'l(—�� A�.� r.i ; �;gr�•`s ' �r� �C'r ,cP` "U{tt North Carolina �i 27602 June 13, 2008 REPLY TO: Francis W. Crawley Environmental Division P.O. Box 629 Raleigh, N.C. 27602 (919)716-6600 (919)716-6767 Mayor Ronald G. Murphy CERTIFIED MAIL The Town of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 RE: Assessment of Civil Penalties Against The Town of Cramerton, LV 06-0480, LV 07-0226; 0227, 0228, 0229, 0230 Dear Mayor Murphy: You will find enclosed the Final Agency Decisions of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision documents. According to North Carolina General. Statutes § 143-215.5 and § 150B-45, the town may seek judicial review of the Commission's decisions in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decisions. Otherwise, payment of the civil penalty assessments and costs must be submitted to the Department of Environment and Natural Resources within 30 days of receipt of this final agency decision by mailing a check made payable to the Department of Environment and Natural Resources in an envelope addressed as follows: Mr: Kevin Bowden Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [Phone (919) 733-5083, ext. 229] If the town fails to pay the penalties within 30 days, of receipt of the final decision documents, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, rancis W. Crawley Special Deputy Attorney General Commission Counsel Enclosure cc: Kevin Bowden Lois Thomas J - A. STATE OF NORTH CA_ ROLINA BEFORE THE REMISSION COMMITTEE OF THE COUNTY OF GASTON ENVIRONMENTAL MANAGEMENT COMMISSION - LV 2006-0480 IN, THE MATTER OF: ) . Assessment of Civil Penalties ) FINAL DECISION Against ) THE TOWN OF CRAMERTON ) THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1, on May 8, 2008, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the assessment of civil penalties and investigation costs against the Town of Cramerton in the amount of $2,080.15 ($2,000.00 plus $80.15 investigative costs). The Town of Cramerton's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. the Town of Cramerton's request for oral presentation before the Committee was denied by the Chairman- because the facts and contentions as to the remission criteria were adequately presented in the materials before the Committee and argument would riot aid the decisional process; therefore, its request for remission was presented to the Committee on Civil Penalty Remissions based on its written submissions and those of the Division of Water Quality. Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and . Assessment of Civil Penalties as stipulated by the Town of _ Cramerton, that the Findings of Fact support the Conclusions, of Law, and that the Director .0 . -2- properly applied the criteria set forth in N.C.G.S. § 14313-282.1 in determining the amount of the . civil penalty. The Committee further finds that there are no grounds shown for remission or.-., reduction of the penalty assessed by the Director for the following effluent discharge violations that occurred in August 2006: a. $500.00 for two (2) violations of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of 'the State that exceeded the permit weekly geometric mean effluent limit for fecal coliform; b. $500.00 for two (2) violations of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the weekly average effluent limit for BOD; and C. $1,000.00 for one violation of N.C.G.S. § 143-215.1(a)(6) and NPDES Permit No. NC0006033 by discharging wastewater to the waters of the State that exceeded the monthly _ average. effluent limit for BOD. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $2,080.15 ($2,000.00 civil penalty plus $80.15 investigation costs) should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties and costs in the amount of $2,080.15 against the Town of Cramerton is AFFIRMED. - 2. That this Final Decision and Order be served upon the Town of Cramerton and upon receipt hereof, the amount of $2,080.15 be paid to the Department of Environment and Natural Resources within thirty days as required by law. -3- This the _p day of June, 2008. David I Nforeau, Chairman Environmental Management Commission - 4- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoingFINAL DECISION on the parties listed below by the methods indicated: Mayor Ronald G. Murphy— - - CERTIFIED MAIL. The Town --of Cramerton RETURN RECEIPT 155 North Main Street Cramerton, N. C. 28032 Mr. Robert Krebs COURIER MAIL DWQ Regional Supervisor 610 East Center Avenue, suite 301 Mooresville, N. C. 28115 This the , 3 day of June, 2008. - ROY COOPER Attorney General • Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice 9001 Mail Service Center Raleigh, N.C. 27699-9001 919n l 6-6600 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 29, 2007 CERTIFIED MAIL 7002 0510 0000 5461 5105 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton; NC 28032 Dear Mr. Peoples: Coleen H. Sullins, Director an Wate uality OCT 3 1 2007 NC DENR MR® DW -Surface Water Protection Subject: Remission Request of Civil Penalty Assessment 'NPDES Permit Number NC0006033 Town of Cramerton — Eagle Road WWTP Gaston County Case Number LV-2006-0480 I have considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $2,081.50 to the total amount of $581.50. If you choose to pay the modified penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in.accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty, Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 N"ofthCarolina �Natura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualiry.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Town of Cramerton LV-2006-0480 Remission Result p. 2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for,yourcooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at M9) 733-5083, extension 547. Sincerely, a oleen H. Sullins attachment cc: MooresMr a RegiAah a�.f�fi`c Enforcement file Central Files ofwA7- �O� pG G7 r i y O � ! Mr. Michael C. Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Peoples: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 17, 2007 Subject: Remission Request of Civil Penalty Assessment Town of Cramerton WWTP NPDES Permit NC0006033 Case Number LV-2006-0480 Gaston County Alan W. Klimek, P.E. Director Division of Water Quality ( lbl i' alveir3L OFFICE r JAN 1 8 2007 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 733-5083, extension 547. Sincerely, Bob Sledge, Environmental Specialist Point Source Branch cc: oaresvl ei , /lattaclllnents Enforcement File w/originals Central Files w/attachments N,�,o �thCarolina �/ aft,417141 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST THE TOWN OF CRAMERTON PERMIT NO. NC0006033 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE H EARING AND STIPULATION OF FACTS . FILE NO. LV-2006-0480 Having been assessed civil penalties totaling $2,080.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 14, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the eleventh day of January , 2006 ' c C- BY ADDRESS Michael C. Peoples, Town Manager Town of Cramerton. . 155 North Main Street Cramerton, North Carolina 28032 TELEPHONE 704/824-4337 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0480 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: $2,080.15 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating. your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may .relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N C G S 143B-282 1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); ✓ ' (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); ✓ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); ✓ (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: The Town of Cramerton formally requests remission of the total civil penalty assessed* and believes that three of the five factors above (b, c, and d) apply to the current situation at the treatment plant. The treatment plant is currently under construction using State loan funds to *The penalty assessed results from August 2006 data reported to the State. Reports from September through November 2006 also indicate excursions and the Town is requesting forbearance of assessing penalties for those months also. The Town is separately requesting an amendment of its existing SOC during remaining construction time to address these parameters and remedial steps improve and enhance the existing facility and the protection of the environment and the methods of construction required to maintain continued operation of the plant, in conjunction with an unexpected reduction in industrial flow, resulted in the violations (item c above). Once the ORC noticed the violations, he promptly brought the violations 'to the attention of the Contractor and the Contractor, Town, and Project Engineer began to immediately assess the causes and develop a plan to abate the excursions (item b above.) The excursions were contrary to the Town's record of continued operation below limits and lack of previous penalties (item d above). Detailed explanation of the three factors follows. Item C: The violation was inadvertent or a result of an accident In November 2005, the Town of Cramerton entered into a contract with Hickory Construction and Recore Electric to upgrade the existing Eagle Road Wastewater Treatment Plant in order to enhance its operation and _ environmental protection. The plant during construction has been operating under an SOC that modified limits only on total phosphorus and total residual chlorine. In late August 2006, the ORC Mr. Jamie Shytle noticed a sharp increase in BOD and Fecal Coliform readings which exceeded the limits set forth in the Permit. After reviewing the situation with the Contractor and Project Engineer, Mr. Shytle determined that the excursions coincided with the shut down of one of the two clarifiers on site (August 4, 2006) as shown in Figures 1, 2, and 3. The shut down was required in order to perform replacement and upgrading of the clarifier equipment. The installation of a floating baffle wall had also taken place in the aeration basin shortly prior to the excursions, which caused increased detention time and saturation of oxygen. During the same time period, the effluent flow rates were starting to become sporadic due to the unexpected phased shut down of the major industry feeding flow to the treatment plant. This reduced and sporadic flow also caused a biological change in the 'aeration basin. The detention time and saturation of oxygen caused a light mass to pass through the basin into the final clarifier and carry over the weir into the chorine contact tank. Figure 4 shows the Effluent Flow Rates for January 2006 through November 2006 reflecting this flow trend and its impacts. The combination of the upgrading of the plant and the phased shut down of the major industry was unavoidable by the Town and was something that could not have been prevented or for which it could be prepared. An SOC Amendment has been submitted for approval to modify limits on these additional parameters for the remaining duration of construction and is attached for your information. Item B: The Town Promptly abated damaze resulting from the violation Upon learning of the excursions, the ORC immediately met with the Contractor and the Project Engineer to develop a plan to mitigate further excursions. The contractor closely monitored his construction activities to determine if there were any activities that could be altered to lessen the impact attributed to the construction operations. The contractor also minimized the amount of shutdowns to the one operable clarifier. The ORC increased the amount of chlorine added to the effluent. The efforts made resulted in the BOD and Fecal Coliform counts returning to acceptable levels as shown in Figures 1 and 3. Test results have shown that the additional chlorine added to the effluent has had no adverse impact on toxicity. The contractor's construction schedule called for the switch from the existing clarifier to the newly upgraded clarifier with Clarifier #2 completely shut down on October 5, 2006. This switch over once again caused BOD and Fecal Coliform counts to exceed limits. This time the BOD was quickly brought back to normal levels and the Fecal Coliform counts were approaching acceptable levels when the plant was impacted again by reduced ' flows. The industry began a more sporadic release of influent into the plant in November and announced an anticipated total shutdown by the end of the year. This caused a drastic increase. in BOD levels, TSS levels, and continued rise of Fecal Coliform counts. Continued efforts were made to reduce BOD, TSS, and Fecal Coliform, however the contractors continued construction operations added further complications. In order to remediate and upgrade the existing chlorine contact tank, the contractor has had to bypass into a temporary tank. This initially caused a limitation to the amount of chlorine that could be injected into the effluent and caused high fecal counts. Additional chlorine tablets were placed in the effluent piping to help with the Fecal Coliform limits, however the tablets were placed downstream of the sampling point therefore the samples did not indicate the benefit of the tablets. The plant operators have relocated a booster pump to aid in the delivery of chlorine. This modified system will allow approximately 100 pounds of chlorine to be delivered at the discharge point. The plant operators have also dropped chlorine tablets in the temporary chlorine. contact tank to help deliver additional chlorine to the effluent. The Town has also now started dripping 12% hypochlorite and 25% NaOH into the effluent and is receiving higher residual values. The Town believes that the fecal coliform counts are now under control with no adverse impact to toxicity. In order to better prepare for the current fluctuations in industrial flow, the Town has met with the industry and has requested a schedule of release dates as well as a final date of complete shutdown (now estimated March 2007). This should allow the Town to properly adjust chemical additives to maintain all levels within limits if adhered to. The upgraded chlorine contact tank should be back in service by the end of January and the construction project should be complete by March 9, 2007. Item D: The Town has not been assessed civil penalties for any Previous violations Prior to the construction and flow caused excursions in August 2006, the Eagle Road Wastewater Treatment Plant had not been assessed civil penalties for any previous violations during its ownership and operation of this facility. Y N N o M N U O w � fA E .O. m Z cc0 O t .r UCD ❑ C ON m � (0 � C � CO LM LL N r C0000000 r-O a--a-O C O R at G E -se :L 00000O00N0NLO0 E LOLOLOinLOLOLOinLOinuOLO ty CD E J 0 0 0 0 0 0 0 0 0 0 0 0 c O C 0000CCCMf`COCMcn0NK Q rZ4m m d N m r�� N r-:OR 00 p�L pN�� O <OMN co cMww N 00�'ttcoN�NCONOM 00 M Lq O 00 7 Cn 00 CO r W MOOD •- OON OC Y d d (O n(n�Cpcc00) 00 00 00 00 w 00 CM 00M CV) N O L6 Gi N 00 O 00 �AOr-p00ef 00 w CO I� toLo "104 CO NOMW _ NCMNCA`-� CV')M M N O et 00 O oOp b � d ce) cn � ti a t C 0 lCtl d LL�Q���Qv�0z R LO 7 7 7 C9 v O d sU aO "O t, a0. �.1 oy 21 0, 19, 0 ell 0 90 Z'9 3 O - u o0 ua�el # JGU Je10 t fJO aS Sa, �b F6 Is, goo 900 '4 B V - u o0 u qel # Jel1 Jelo I b A% n el n 900 '9Z a unr - speis uol;o njisu O ue auji 9 s�o �G �n , O„ �T el ob b Sya e, y 2� a y S;G �On �G Nn 4 `On O Ln O LO O 0 O w O to O w Itr- N W A Cn CA -I 00 ✓ a�S �a? 6� 2idrS 9,0�? 'll�y2 �ay `sr ✓G �7 GAS 4aff a Wall onstr cti n tart q 'tI, 9G9S s@ s@ 0 Oof� 0 tio o� O@c� O@eS s - une 2 , 2006 Cl rifier T keir Down -Aug 2006 CI rifier # T e Down Oct 5, 2006 vzpt»D<<3D3-n� 3 e�Di<»�cc�°1�0a� 0 V W V�� O� tov V N � AN V f.I7 Woo C 71 N W CD A G1 O (O O V IV toCn.P(TO VOANON� W IV v O� W� 00--'00 fV N W W W OA o o 0 o CD 0 0 ✓d � o 0 0- o 0 ✓ 6,A Zld^' 21d�s _ q�r2 Zldy� 2ldy ✓ GG� , GAS. • ffle Wail C nstru tion Starts - June 26, 2006 9� dai ifier # Taken Down - lug 4, 2006 qG ,9 G9s S Se q� f� Clarifier # ak n D , 2006 OolLP OL-fs . boa 2 y 0 Oec� i. o@es azpmDc- c- > -+mo o �D e O c•► 0 m C cc C —� C 0 -9 4) �D �� 01 0 m S V A W W V1 (O 4J 4) W V OAf W iVJI 00 O .O m N� -� W N O Ul 0 0 V V -- N y hi W A W N W W W W N ,Op N W V 01 lD N A N oo �,1WOI,VV AN�....� N A W W Ncn0-IO'.a Vcn - V O O O p W W O �p � . • N cn cfl �wfa00 N�-�N < 3 0 N N N N N N N N N N N N O O O C)O O O CDO O O O O CD O CDO O O O O C)O O 3 w to 00000000000o� 00O000000000-r 3 C O A A W N O O O O O O O CD r v 0 0 o���00000000�0 N! S ca W N .- C n C) � N 0 O � � O O 0 Q N = 'o2 G) Q (CD N X Figure 4 - Effluent Flow Rates by Week January 2006 to November 2006 Month Avg Eff Flow Rate Max Eff Flow Rate Min, Eff Flow Rate MGD MGD MGD Jan-06 0.91 1.6 0.4 Feb-06 0.8 1.42 0.31 Mar-06 0.92 1.38 0.1 A r-06 0.87 1.58 0.3 Ma -06 0.96 1.6 0.29 Jun-06 1.04 1.69 0.3 Jul-06 0.83 > 1.48 0.3 Au -06 0.98 1.6 0.36 Se -06 0.78 2.06 0.38 Oct-06 0.65 1.38 0.31 Nov-06 0.77 1.83 0.33 Dec-06 2006 Effluent Flow Rates 2.5 2 o ' 1.5 m -�Avf Eff Flow Rate -F Max Eff Flow Rate c 1 Min Eff Flow Rate LL 0.5 0 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Date (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.como OFF�C�AL USE T Postage Certified Fee =1 Return Receipt Fee fn)q Restricted Delivery Fee (Endorsement Required) J3 T L se MR MICHAEL PEOPLES, TOWN MGR. J3 TOWN OF CRAMERTON -------------- � or' 155 NORTH MAIN STREET c� CRAMERTON NC 28032 -------------- swp/ma 12/14/06 �Isl� ;ertified Mail Provides: A mailing receipt A unique identifier for your mailplece A record of delivery kept by the Postal Service for two years aportant Reminders: I Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail I Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. i For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested'. To receive a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt le required. I For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailplece with the endorsement 'Restricted Delivery. i If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an Inquiry. IS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 $ 1,000.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. 000.00 TOTAL CIVIL PENALTY $ 80.15 Enforcement costs. $ 2,080.15 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 jzv- 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 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: (919) 733-2698 Facsimile: (919) 733-3478 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 qpplying for a Special Order by Consent. If you have M questions about this- civil penalty assessment or a Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ATTACHMENTS s Samar Bou-Ghazale Surface Water Protection. Acting 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 MA ATTACHMENT A CASE NO. LV-2006-0480 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 1,031/100 ml* 400/100 ml (Weekly geometric mean) . — 001 Fecal coliform 834/100 ml* 400/100 ml (Weekly -geometric mean) .001 BOD, 21.3 mg/l* 15.0 mg/l (Weekly average) 001 BOD 27.7 mg/l* 15.0 mg/l (Weekly average) 001 BOD 13.3 mg/l* 10.0 mg/l (Monthly average) * Denotes civil penalty assessment Having been assessed civil penalties totaling $2,080.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 14, 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 ADDRESS 2006 v., 4 0 1�.Z�� 7,t� JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: LV-2006-0480 Assessed Party:- The Town of Cramerton _County: Gaston Permit Number: NC0006033. Amount Assessed:$2,080.15 Please use this form when requesting remission of this civil penalty.. You must also complete the "Request For Remission, Waiver ofRight to an Administrative Bearink, 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.0 " G.S. I § 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 inN.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation - (i.e.,, explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertentora 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 penally will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you fromperforming the .activities necessary to achieve compliance). EXPLANATION:, (use additional pages as necessary) ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your.name and address on the reverse so that w6 can return the card to you. t Attach this card to the back of the mailpiece, or on the, front if space permits. Article Addressed to: MR 1Vf1CHAEL.PEOPLES, TOWN.MGR. TOWN -OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 �, swp/ma 12/14/06 A. ❑ Agent received by (Printed Name) C. Date of Deliver D. °Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below- ❑ No rvice Type Se Certified Mail ❑ Express Mail ❑ Registered ❑ Retum•Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 1, 8493. 4.513 ).0 Gnrm RAi 1 Fehmnn onnA 0...W inogorso_Kmre UNITED STATES 15- IF-, • Sender: Please print your name, address, and ZIP+4 In this box �NCDENR SURFACE WATER PROTECTION 610 PAST CENTER AVE SUITE 301 MOORESVILLE NC 2811i.5.�-^ 6D Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 17, 2008 CERTIFIED MAIL 7003 1680 0000 0647 1517 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Town of Cramerton WWTP Case Number LV-2007-0228 NPDES Permit NC0006033 Gaston County Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality APR .2 1 2008 NC DER MR® DiN-Surtoce Water Protection A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, May 8,.2008. No request for oral presentation was made.. You may attend this meeting, but you will not be permitted to speak regarding your case. V/ The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before,the Con1mittee; however,' if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. NorthCarolina ,Natura!!1 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www riewaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffinnative Action Employer- 50% Recycled110% Post Consumer Paper Mr. Michael C. Peoples LV-2007-0228 CCPR Notification p. 2 If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a licenseif he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is infonned that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission.. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs'long and you need refreshment or food, Division'of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083, extension 547. Sincerely, Coleen H. Sullins enclosure cc: oor�s-v llgle Regional Ef to Enforcement File Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department ofEnvironment and Natural Resources April 17, 2008 CERTIFIED MAIL 7003 1680 0000 0647 1517 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton . 155 North Main Street Cramerton, NC 28032 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Town of Cramerton WWTP Case Number LV-2007-0227 NPDES Permit NC0006033 Gaston County Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality jPit �",'•: .lid V Cs! rs� Ci 7 PJ APR 2 1 2008 NC DENR MR® DVl-Q-Surface Voter. Protection A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, May 8, 2008. No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting.. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot considerany information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on.your behalf regarding the factual situations, such as an expert, engineer of consultant, then you'must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. olle NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newaterquality.or Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Michael C. Peoples LV-2007-0227 CCPR Notification p• 2 If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also advised that the Committee on Civil Penalty Remissions may choose not to proceed with the.. hearing of a case if the Committee is informed that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. _Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime .Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meetins The Jength of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic - meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or. to other local eateries. If you have any questions concerning this matter, please call Bob Sledge of -the Point Source Branch at (919) 733-5083, extension 547. Sincerely, -OV— //°M�_ Coleen H. Sullins enclosure cc: ooresvlle Regional Office Enforcement File Central Files Michael F. Easley, Governor William G..Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 17, 2008 CERTIFIED MAIL 7003 1680 0000 0647 1517 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Town of Cramerton WWTP Case Number LV-2007-0226 NPDES Permit NC0006033 Gaston County Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality �9 APR 2 1 2008 N DENR Miplo DW-S-urfao�-', WotOr Protedlon A final agency decision on your request for remission of the subject.civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental, Management Commission (EMC) on Thursday, May 8, 2008. No request for oral presentation was made. You may attend this. meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the. written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent -Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. NorthCarolina ,NrriuM1111 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-161.7 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualitv.oro Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Mr. Michael C. Peoples LV-2007-0226 CCPR Notification p. 2 If you are a corporation partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's . Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting. will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083, extension 547. Sincerely, VL / -��Vsrl Coleen H. Sullins enclosure cc: Maoresvif% R�egiana ��' e a ee Enforcement File Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 17, 2008 CERTIFIED MAIL 7003 1680 0000 0647 1517 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton . 155 North Main Street Cramerton, NC 28032 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Town of Cramerton WWTP Case Number LV-2006-0480 NPDES Permit NC0006033 Gaston County Dear Mr. Peoples: . Coleen H. Sullins, Director Division of Water Quality APR 2 1 2008 NC DENR MRO DWG -Surface Water Protection A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, May 8, 2008. No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the-writtedrecord and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized practice of law, affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however;.if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. No'rthcarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Mr. Michael C. Peoples LV-2006-0480 CCPR Notification p. 2 If you are a corporation, partnership or municipality and are. granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. Time and Location of Meetins The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon.. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083, `ektensi on. 547. Sincerely, �. Coleen H. Sullins enclosure cc: ilsleM&g- Iona � , jce Enforcement File Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 17, 2008 CERTIFIED MAIL 7003 1680 0000 0647 1517 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 SUBJECT: Request for Remission of Civil Penalty - Pursuant to N.C.G.S. 143-215.6A(f) Town of Cramerton WWTP . Case Number LV-2007-0230 NPDES Permit NC0006033 Gaston County Dear Mr. Peoples: Colleen H. Sullins, Director Division of Water Quality APR 21 2008 NC DENWRO DINQ-Surtc.cc Water Protection A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, May 8, 2008. No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's.recent Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make am oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. 011C NorthCarolina ,Natura!!� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 , 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Mr. Michael C. Peoples LV-2007-0230 CCPR Notification p. 2 If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also,.be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24)1 on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. , If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083, extension 547. Sincerely, Coleen H. Sullins enclosure cc: ".ore, ll ffig final .Office Enforcement File Central Files Michael F. Easley, Governor William G: Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 17, 2008 CERTIFIED'MAIL 7003 168Q 0000 0647 1517 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Town of Cramerton WWTP Case Number LV-2007-0229 NPDES Permit NC0006033 Gaston County Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality RLL �(IVc D APR 2 1 2008 NC DER MRO M-Surface Wolter Protection A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, May 8, 2008. No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The E.M.0 Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. 0 The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized practice of'law affecfs your method�bf presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an -oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. One NorthCarolina MUMMY North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled110% Post Consumer Paper Mr. Michael-C. Peoples LV-2007-0229 CCPR Notification p. 2 If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation of the of the statute regarding the unauthorized practice of law has occurred. Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083, extension 547. Sincerely, Coleen H. Sullins enclosure cc: ooresma i e �3 gio a1�O Enforcement File . Central Files 0 O�0F W A r�i9QG Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality July 20, 2007 Mr. Michael C. Peoples, Town Manager JUL n Town of Cramerton 155 North Main Street Cramerton, NC 28032 �,� r, r p ��:. .. -� j" �` Subject: Remission Request of Civil Penalty Assessment /� 6u �rJ�� V y' g i0 Town of Cramerton WWTP NPDES Permit NCO0O6O33 Case Numbers LV-2007-0226, LV-2007-0227, LV-2007-0228, LV-2007-0229 & LV-2007-0230 Gaston County Dear Mr. Peoples:. This letter is to acknowledge your request for remission of the civil penalties levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 73375083, extension 547. Sincerely, Bob Sledge, Environmental Specialist Point Source Branch cc: ooresvll I e ' e Mona a rice w/a - ents Enforcement File w/originals Central Files w/attachments N""o�` Carolina Nawra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualitv.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper TOWN of G71. 17L1 July 13, 2007 �� `.. .JUL 17 2007 11 I; ,: , , , _�i Divisi , oint Source Compliance_ / Enforcemen n''r 1617 Mail Srvice eten - -- - - Raleigh, NC' 27699-1617 RE: Notices of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143.215.1(a)(6) and NPDES Permit No. NC000006033 Eagle Road WWTP Town of Cramerton, Gaston County. SUBJ: Request for Remission of Civil Penalties Dear Mr. Klimek: The Town of Cramerton is in receipt of the following five (5) Notices of Violation.: 1. June 19, 2007 - Case No. LV-2007-0226 2. June 19, 2007— Case No. LV-2007-0227 3. June 19, 2007 — Case No. LV-2007-0228 4. June 19, 2007 —Case No. LV-2007-0229 5. June 19, 2007 — Case No. LV-2007-0230 The total penalty assessed for the five Notices of Violation noted above is $9,282.50. The Town is undertaking the construction of improvements to the Eagle Road WWTP, a multi -million dollar project funded under SRF Number CS370730-2. The Town has spent a significant amount of our local resources to wastewater treatment and the protection of our state's water quality. The construction of the WWTP improvements has proven to be a challenging due to the necessity of maintaining process treatment while much of the treatment units required some type of modification. We.are reaching 155 North Main Street Cramerton, NC 28032 704/824-4337 Mr. Alan W. Klimek July 13, 2007 Page 2 of 2 the completion of the project and should be fully operational by September 2007 meeting all of our treatment requirements without difficulty. The purpose of this correspondence and the attached documentation is to request DENR's remission of the penalties noted above based on the fact that the infractions were inadvertent, in accordance with N.C.G.S. § 14313-282.1(c)(3). The infractions were inadvertent due to the nature of construction of the improvements to the Chlorine Contact Chamber. Significant improvements were made to the Chlorine Contact Chamber that required the unit to be taken out of service and dewatered. Effort was made to maintain adequate disinfection while the improvements were constructed. The Town, its wastewater treatment plant personnel, the town engineer and the contractor implemented measures to maintain disinfection while construction progressed, as noted in the attachment. The infractions are only related to the construction of improvements to the existing Chlorine Contract Chamber and are not the result of negligence on the part of the Town. It is for this reason we respectfully request your favorable consideration for remission. Significant progress is being made towards water quality improvement in Cramerton. The Town has dedicated significant resources in both time and money towards this end. We trust DENR will take note of the Town's efforts and commitment to water quality protections and grant our request for remission. Please let us know if you need additional information or if we need to schedule a meeting to discuss this matter. Respectfully submitted, C-�' Michael C. Peoples Town Manager Attachments cc: Jamie Shytle (w/ attachments) Pease Associates (w/ attachments) JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: LV-2007-0226 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: $1,831.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, 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-282.1(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: See Attachment A STATE OF NORTH CAROLINA DEPARTMENT OF'ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF CRAMERTON ) STIPULATION OF FACTS PERMIT NO. NC0006033 ) FILE NO. LV-2007-0226 Having been assessed civil penalties totaling $1,831.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties; does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the ` day of �tA I 2007 BY ADDRESS (ixour-6r\, N c �- TELEPHONE may- 902y-- 1-1337 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0227 Assessed Party: The Town of Cramerton . County: Gaston Permit Number: NC0006033 Amount Assessed: $1,581.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. 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-282.1(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: See Attachment A STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF CRAMERTON ) STIPULATION OF FACTS PERMIT NO. NC0006033 ) FILE NO. LV-2007-0227 Having been assessed civil penalties totaling $1A1.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the / ?J day of , 2007 C�P BY ADDRESS lvL a9a32 TELEPHONE -71)(-(- 8a'f- y337 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0228 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: $2,081.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, 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-282.1(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 penal 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: See Attachment A STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF CRAMERTON ) STIPULATION OF FACTS PERMIT NO. NC0006033 ) FILE NO. LV-2007-0228 Having been assessed civil penalties totaling $2,081.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the 13 day of , 2007 �e BY ADDRESS l N""W' �I? C g03 TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0229 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: $1,831.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation of Facts " form to request remission of this civil penalty. You should. attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully pplied 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: See Attachment A STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF CRAMERTON ) , STIPULATION OF FACTS PERMIT NO. NC0006033 ) FILE NO. LV-2007-0229 Having been assessed civil penalties totaling $1,831.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the -4 T\ day of 2007 BY ADDRESS o a to S4-. TELEPHONE Inv-Rd�f `f33% JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0230 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: $1,956.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request'remission.of this civil penalty. You should attach any documents that you believe support your request. and are necessary for the Director to consider in evaluating your request for remission. Please be- aware that a request for remission is limited to consideration of the five, factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violations) 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-282.10b1 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: See Attachment A STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTY AGAINST ) THE TOWN OF CRAMERTON ) PERMIT NO. NC0006033 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0230 Having been assessed civil penalties totaling $1,956.50 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 19, 2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in. support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the (� ��^ day of u .2007 BY ADDRESS S�- TELEPHONE JUSTIFICATION FOR REMISSION REQUEST — ATTACHMENT A DWQ Case Numbers: LV-2007-0226, 0227, 0228, 0229, 0230 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: Total all Five (5) Case Numbers - $9,282.50 JUSTIFICATION FOR REQUEST FOR REMISSION OF CIVIL PENALTIES: The Town of Cramerton formally requests remission of the above total civil penalties based on North Carolina General Statute 143B-282. I (c)(2), (3) and (4). 143B-282.1(c)(2) Whether the violator promptly abated continuing environmental damage resulting from the violation. 143B-282.1(c)(3) Whether the violation was inadvertent or a result of an accident. 143B-282.1(c)(4) Whether the violator had been assessed civil penalties for any previous violations. The treatment plant is currently under construction using State loan funds to improve and enhance the existing facility and protect the environment. The methods of construction required continued operation of the plant while critical treatment units had to be taken off line for upgrades. Also there has been an unexpected reduction in industrial flow, resulting in a significantly lower flow than originally anticipated. These factors have resulted in the noted violations (143B-282.1(c)(3). When the ORC noticed the violations he promptly brought the them to the attention of the Contractor. Representatives of the Town of Cramerton, the Contractor, and the Project Engineer began to immediately assess the causes and develop a plan to abate the excursions (143B-282.1(c)(2). The Town has not been assessed a civil penalty for any infraction at the WWTP prior to the construction period for the project (143B-282.1(c)(4)). A detailed explanation of the three factors follows. Item A: The violation was inadvertent or a result of an accident 143B-282.1(c)(3) In November 2005, the Town of Cramerton entered into a contract with Hickory Construction and Recore Electric to upgrade the existing Eagle Road Wastewater Treatment Plant in order to enhance its operation and environmental protection. The plant was operating during construction in 2006 and the early part of 2007 under an SOC that modified limits only on total phosphorus and total residual chlorine. In late August 2006, the ORC Mr. Jamie Shytle noticed a sharp increase in BOD and Fecal Coliform readings which exceeded the limits set forth in the Permit. After reviewing the situation with the Contractor and Project Engineer, Mr. Shytle determined that the excursions coincided with the shut down of Clarifier No. 1 on August 4, 2006. The shut down was required in order to perform replacement and upgrading of the clarifier equipment. The installation of a floating baffle wall had also taken place in the aeration basin shortly prior to Request for Remission of Civil Penalties related to Fecal Coliform Town of Cramerton, NC Page 1 of 3 the excursions, which caused increased detention time and saturation of oxygen. Clarifier No. 1 was placed back on line on October 2, 2006 and shortly thereafter Clarifier No. 2 was taken offline for upgrading. Clarifier No. 2 was placed back on line in November 13, 2006. On January 2, 2007 the Chlorine Contact Basin was taken off line for upgrading. A temporary structure was constructed for disinfection during this time and the Chlorine Contact Basin was placed back on line on January 19, 2007. Much of this information was presented to DENR in the Town's previous request for an amendment to their SOC. During the same time period, the effluent flow rates were starting to become sporadic due to the unexpected phased shut down of the major industry feeding flow to the treatment plant. This reduced and sporadic flow also caused a biological change in the aeration basin. The detention time and saturation of oxygen caused a light mass to pass through the basin into the final clarifier and carry over the weir into the chorine contact tank. Figure 6 shows the Effluent Flow Rates for January 2006 through June 2007 reflecting this flow trend and its impacts. The combination of the upgrading of the plant and the phased shut down of the major industry was unavoidable by the Town and was something that could not have been prevented or for which it could be prepared. The Town met with representatives of the Mooresville Regional Office of DENR on January 4, 2007 to discuss the above as part of an amendment to their SOC. The impact that construction and flow variation had on the ability of the Town to consistently meet its Fecal Coliform limits was discussed. This resulted in the May 10, 2007 Amendment to the SOC which included modified limits for BOD5 and TSS. Tables 1-3 and Figures 1-5 provide effluent data on Fecal Coliform, TSS and BOD5. The construction events mentioned above are noted on the Figures for reference. Now that the construction is nearly complete, the plant has demonstrated compliance with all NPDES Permit Limits. Item B: The Town Promptly abated damage resulting from the violation 143B-282.1(c)2 Upon learning of the excursions in August 2006 the ORC immediately met with the Contractor and the Project Engineer to develop a plan to mitigate further excursions. The contractor closely monitored his construction activities to determine if there were any activities that could be altered to lessen the impact attributed to the construction operations. The contractor also minimized the amount of shutdowns to the one operable clarifier. The ORC increased the amount. of chlorine added to the effluent. The efforts made resulted in the BOD and Fecal Coliform counts returning to acceptable levels. Test results have shown that the additional chlorine added to the effluent has had no adverse impact on toxicity. The contractor's construction schedule called for the newly upgraded Clarifier No. 1 to be brought back on line on October 2, 2006 and for Clarifier No 2 to be taken off line on October 5, Request for Remission: of Civil Penalties related to Fecal Coliform Town of Cramerton, NC Page 2 of 3 2006. This switch over once again caused BOD and Fecal Coliform counts to exceed limits. This time the BOD was quickly brought back to normal levels and the Fecal Coliform counts were approaching acceptable levels when the plant was impacted again by reduced flows. The industry began a more sporadic release of influent into the plant in November and announced an anticipated total shutdown by the end of the year. This caused a drastic increase in BOD levels, TSS levels, and continued rise of Fecal Coliform counts. Continued efforts were made to reduce BOD, TSS, and Fecal Coliform, however the contractor's continued construction operations added further complications. In order to remediate and upgrade the existing Chlorine Contact basin, the contractor had to take the Chlorine Contact Basin off line and utilize a temporary basin. This initially caused a limitation to the amount of chlorine that could be injected into the effluent and caused high fecal counts. Additional chlorine tablets were placed in the effluent piping to help with the Fecal Coliform limits, however the tablets were placed downstream of the sampling point, therefore the samples did not indicate the benefit of the tablets. The plant operators relocated the booster pump to aid in the delivery of chlorine. This modified system allowed approximately 100 pounds of chlorine to be delivered at the discharge point. The plant operators also dropped chlorine tablets in the temporary chlorine contact basin to help deliver additional chlorine to the effluent. The Town has also added 12% hypochlorite and 25% NaOH into the effluent to adjust pH. The upgraded chlorine contact tank is now back in service and the construction project should be complete by March 9, 2007. The Fecal Coliform counts are now under control with no excursions since January 2007. In order to better prepare for the current fluctuations in industrial flow, the Town has met with the industry and has requested a schedule of release dates as well as a final date of complete shutdown (now estimated July 2007). This should allow the Town to properly adjust chemical additives to maintain all levels within limits if adhered to. The upgraded Chlorine Contact Basin is now back in service and the construction project should be complete by July 2007. The industry is now completely shut down. This will result in a more consistent flow to the WWTP and will allow the Town to properly adjust chemical additives to maintain treatment levels. Item C: The Town has not been assessed civil penalties for any previous violations prior. to construction of the protect 143B-282.1(c) (4) Prior to the construction and flow caused excursions in August 2006 and the months following, the Eagle Road Wastewater Treatment Plant had not been assessed civil penalties for any previous violations during its ownership and operation of this facility. The Town has pending a civil penalty remission request for penalties assessed for August, 2006 excursions. Request for Remission of Civil Penalties related to Fecal Coliform Town of Cramerion, NC Page 3 of 3 Table 1 Fecal Coliform Weekly & Monthly Averages (colonies per 100ml) 2006-2007 Eagle Road WWTP Town of Cramerton, NC Month Week NPDES Permit Limits Deviations from NPDES Permit 1 2 3 4 5 Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Monthly Avg. Jan 2006 1 4 1 2 2 400 200 0 0 Feb 2006 2 2 1 1 1 400 200 0 0 Mar 2006 1 1 1 1 1 1 400 200 0 0 Apr 2006 1 6 1 2 2 400 200 0 0 May 2006 6 5 2 2 3 400 200 0 0 Jun 2006 2 30 1 2 15 6 400 200 0 0 Jul 2006 14 7 5 3 6 400 200 0 0 Aug 2006 5 182 1,031 839 168 400 200 2 0 Sep 2006 36 1,756 25 - 572 20,133 582 400 200 3 1 Oct 2006 968 84 1,010 459 641 400 200 3 1 Nov 2006 21,921 2,462 667 27,716 990 400 200 4 1 Dec 2006 15 6,648 22 10,570 .17,155 1,710 400 200 3 1 Jan 2007 48,769 40 1,058 76 279 400 200 2 1 Feb 2007 15 1 1 1 3 400 200 0 0 Mar 2007 23 9 8 42 12 11 400 200 0 0 Apr 2007 7 2 94 4 8 400 200 0 0 May 2007 2 2 2 7 3 400 200 0 0 June 2007 12 4 2 1 3 400 200 0 0 See Figure 1 W O NW W CD N 0 N 0 00 NO NO O O O O O, 0 0 ON 0 O*, O� D1 0 CD (7N 00 N N N N N N �-- A 00 00 IN C 00 O W J 00 Q1 00 N �1 N 00 ►- •-+ �.. LA .� A W P Ch N 0 00 LA a-, 00 N A A 0 0000 O -'O -o' N �1 O t1i O, G1 �o �O N UI O N N CD00 W LA �1 N LA N N W N -- O C O CCCCCCCCCCCCC�� d O O O O O O O O O O O O O O O O O O C O 0 0 0 0 0 0 `C �zd O O O O c 0 0 0 0 0 0 0 cl � o b= y O O "� 0 0 0 — O O 0 0 0 0! 3 Vi vi cn t� vi vi cn to v� cn to to to C p �' 's CCCCCCCCCCC0C� ee �' fD a O O O O O O O O O O O O O O �C r_5 E i. t W Lo wl So .� c. O O o o o O o o O O o o o c U � ooOc o cOc 00000 o00000000c000 0 rah O o v, A :x eio ooNo���noo-�000 bA 0 0 0 0 0 0 0 0 0 0 0 0 0 C> o o c o 0 0 0 0 0 0 0 0 0 v, .E a o o O o 0 0 0 0 0 0 o O o a1 to W) vi vi kn vi vi ti kn W) W) v) vi bD N M p a �G M 00 N N O O 1G M N cM N 01 cV cM In C1 O OO M DD n `6 d 00 O 4 M, 00 l-: d d 3 C7 d' M N \G 00 W) N r-� 00 00 4 ri N N M M C, M cn — 0 0 — M N N O N N C� Nr-: �6 �6 4 4 cV N 4 N M G1 00 �D O "" '"" M to M O O p p O p O O O 0 O 0 O 0 p p O 0 O 0 O 0 O 0 O 0 ',Zm N N N N N N N N N NNN N ti ti 0p Q ¢ Co �.+ O > 00 U ti w s. s-4 O r E 0 0 d G. N d .E O O U O C Z E Jq 6 U To U d LL 100,000 10,000 1,000 100 10. Figure 1 .Fecal Coliform Weekly Average 2006 - 2007 Eagle Road WWTP Town of Cramerton. NC to NPDES Permit Limit o c CO o cc g 0 NCD Weekly Average CD N Q N N M N 400 Colonies per 100ml N N d > > c cc J > co o o OU) M N N N p C .fFf-1 — c ) — O 3 O tl C O Y V c Cl M Y lC H IM H c O r N {Vp t +. O — �0 Z N z c +° _ c O V a o y ro c U — U � s c •� U o r c.� 1 r M r M r CO' u> N q N T N r CM M M M N v N N 'v CM r M r M to . N: N v N IT 1� l6 d m N L A C. C R m c 3 > > 7 7 0Li d d V V O O m d ICO 10 m N A W 1�0 C C R Q Q to to to O O z ZOO Time (Weeks) 50.0 45.0 40.0 35.0 30.0 J cm E 25.0 ~ 20.0 15.0 10.0 5.0 Figure 2 TSS Monthly Average 2006 - 2007 Eagle Road WWTP Town of Cramerton, NC to to to f, N N O O N N �O N LO N Qi N c rn c c z SOC Permit Limit Monthly Average 45 mg/L Q o > as `6a d d W W N itC_ w y 0 0 C m 0 n 3 to 0 00 V x 'a c°> H cc N W r •Cc a a. Z. O Z ea N I- w ` ? N m +' cc N ` ccd LU c = cc c �' o U cc 0 w c c V d c cc s U 0.0 �} r M r T r M N I N I r M r T r M T W. N M 1� N N 7 N L L. L L m 0 o a�i a) 4) cc cca m m cc M a M m 3 3 3 > > > -3 Q Q CO) Co 0 0 z z -3 a LL Q Q -� Time (Weeks) O O O O Jun-1 Jun-3 . Jun-5 Jul-2 Jul-4 Aug-2 Aug-4 Sep-2 Sep-4 Oct-1 Oct-3 Nov-, Nov-3 3 Dec-1 . Dec-3 c� y Dec-5 Jan-2 Jan-4 Feb-2 Feb-4 Mar-2 Mar-4 Apr-1 Apr-3 May-1 May-3 Jun-1 Jun-3 Jun-5 TSS (mg/L) N w .A m O O O O O O O O O v CO O O O O O O B e Wall Installation - corn pie d in one day - June 2 , 2006 Clarifier No. 1 Taken o t of service August , 2006 Cl rifier No. 1 Place J ba k i service Octobe 2, 2006 larifier No. 2 Taken c it o service Octobe 5, 2006 Clarifier No. 2 Placed ba a ice - No ember 13, 2006 Ch on tact Ba in Take o of ervice -January , 2007 Chl ri e C t ct Basin Placed ack n s rvice - J nuary 1 .2007 01� z v w m < coo M 9 3 to r: CD r M 3 " U3 r --I Cn Cn O M CD an (D_ O� CD 'r1 U2 CD ItoCD w o p Z o n ' N 0 0 V 0 BOD (mg/L) � � N O C" O O O C O Jun-1 Jun-3 Jun-5 Jul-2 Jul-4 Aug-2 Aug-4 Sep-2 Sep-4 Oct-1 Oct-3 Nov-1 Nov-3 3 Dec-1 Dec-3 y Dec-5 Jan-2 Jan-4 Feb-2 Feb-4 Mar-2 Mar-4 Apr-1 Apr-3 May-1 May-3 Jun-1 Jun-3 Jun-5 N W W CT� O CJ� O O C Baffle Wall I istallation - completed in one dav - June 6. 2006 No. 1 Taken out of servi e - Augus 4, 2006 Cla ifier No. 1 Placed ba k in service - Octob Ir 2, 2006 C arifier No. 2 Taken o t of service - Octob Ir 5, 2006 Clarifier No. 2 PI ced back in service Nov mb r 13. 2006 Chlorine Con act Bas' e - January . 2007 1 , 2007 Chlori a Co tact Basin Placed back in service -January oCp O � . n D 3 - r B " r 0 BOD (mg/L) O Cn O fn O Cn O O O O O O Jun-1 Jun-3 Jun-5 Jul-2 Jul-4 Aug-2 Aug-4 Sep-2 Sep-4 Oct-1 Oct-3 Nov-1 Nov- Dec-1 Dec-3 cD N Dec-5 Jan-2 Jan-4 Feb-2 Feb-4 Mar-2 Mar-4 Apr-1 Apr-3 May-1 May-3 Jun-1 Jun-3 Jun-5 CO W p A O Cn O Cn O O O O B ffle Wai Install tion - c mplet d in one day - une 26, 2006 . larifie No. 1 keno t of se ice - A gust 4, 2006 `7 zC arifier o. 1 Placed ba kin se ice - O tober , 2006 fie No. 2 Taken'Ia o t of se ice - O tober , 2006 Clarifier No pPlac�ed back in servi . 2006 Ct lorine ontact asi of se ice - Ja uary 2 2007 Chlor ne on act Ba n Plac d back in servi e - Jan Liary 19 2007 ' � Z ( D v m C D � co r co r CO O v C� N G G U2 X" —h cD %< n X D ID U2 O m � � O CD n IV 0 0 V 2.500 O M 0 C7 3 1.500 0 c d rz W 1.000 a 0.500 AUl I ; Figure 6 WWTP Effluent Flow Rates (MGD) 2006 - 2007 Eagle Road WWTP Town of Cramerton, NC NPDES Permitted Flow Rate - 4.0 MGD \A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c � � z Q w c u c z Time (Months) Avg. Flow Rate (MGD) Max. Flow Rate (MGD) Min. Flow Rate (MGD) J U N 1 1 2008 June 9, 2008 North;Caro.lina Dept. of Environment & Natural Resources -NC ®��� NfR� Div. of Water Quality - DWQ-S rfdoe Water Protection Attention: Mr. Krebs 610 E. Center Ave., Suite 301 Mooresville, NC 28115 RE: Town of Cramerton Request. to Change Dean Mr. Krebs: On behalf of the Town of Cramerton, I would like to change the delegated authority to sign the DMR reports from myself to Mr. Thomas Jamie Shytle, Public Utilities Director. If you have any questions or need any additional information, please contact me at Town Hall, 704-824-4337 or at mpeoj les(d)cramerto'n.org. Sincerely, — Michael C. Peoples Town Manager 155 North Main Street Cramerton, NC 28032 704/824-4337 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 5, 2007 CERTIFIED MAIL 7002 0510 0000 5461 5082 RETURN RECEIPT REQUESTED Mr. Michael C. Peoples Town of Cramerton 155 North Main Street Cramerton, NC 28032-1425 SUBJECT: NOTICE OF VIOLATION: NOV-2007-LR-0076 Town of Cramerton — Eagle Road WWTP NPDES Permit Number NC0006033 Gaston County Dear Mr. Peoples: Coleen H. Sullins, Director Division of Water Quality }��� A. F; � 6 F e� �� •r. �g � b 3. 7h .. 'll fr ' w.y •r 0CY - 8 2001 NC DENR MR® DWG -Surface Water Protection This is to inform yop that the Division of Water Quality did not receive your discharge monitoring report (DMR) for July 2007 in a timely manner. The report arrived in our office on September 26, 2007. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit 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, may be taken if the report is not submitted within the time frame specified above. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must -take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, �. Susan A. Wilson, Supervisor NPDES Western Unit cc: NPDES Enforcement File 00Fe�yA 1 E ' e1!OII �fiFTCtr One NorthCarolina Central Files 11vaturZ4 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.newatergualiU.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 ----An_Equal 0pportunity111firmative.Action Employer —50% Recycled/1 0% Post Consumer Paper r ' � .. f �Re: Cramerton NC0006033 Subject: Re: Cramerton NC0006033 From: Marcia Allocco.<marcia.allocco@ncmail.net> Date: Fri, 08 Jun 2007 13:26:21 -0400 To: Jamie Shytle <jshytle@cramerton.org> Hi Jamie, Thanks for the update. I'll print this e-mail and place it in your file. The. inspectors may want to 'review any paperwork you have regarding the loss.of power when reviewing your records during the next inspection but otherwise you don't have to submit any paperwork to me. Thanks, Marcia Jamie Shytle wrote: Marcia I'm sorry it has taken'so long to get back with you. On August 29, 2006 the"Eagle Road WWTP experienced a loss -of electrical power supply due to severe thunderstorm activity. As a result we lost numerous pieces of equipment including our influent and effluent composite samplers. Therefore we did not.have sufficient sample.volumes to send out for analysis. If you need any supporting documentation or additional data, just let me know. Thanks for your patience. Jamie Shytle ----- Original Message ----- From: "Marcia Allocco" <marcia.allocco@ncmail.net> To: "Jamie Shytle" <jshytle@cramerton.or > Sent: Thursday, May 31, 2007 10:48 AM Subject: Re: Cramerton NC000.603.3 Hi Jamie, Just wanted to check and see how your move is going and if you had any time to research the missing monitoring data from August 2006. Hope all is well. Marcia Allocco Jamie Shytle wrote: Dear Marcia We are in the process of moving our lab and plant operations into a new facility. I'm sure you remember the mass of confusion when your offices moved from Main St. to Center Ave. Our phones are not operational to date and have been down for 7=10 days. The voice mail message center on 704-825-7499 has been down for weeks. Our email has changed from bellsouth to Time Warner. In a nut shell --- our communications have been all screwed up !! Most likely it was a result of electrical or instrumentation failures associated with our effluent composite sampling device(s). We have been in a facilities upgrade for over a year and as a result we have had instances where equipment change -outs and electrical service changes have caused operational and compliance sampling problems. I will let you know what caused.the missed event(s) as soon as I can find out. Thanks for your patience. Jamie Shytle, Utilities Director Town of Cramerton 155 N. Main Street .Cramerton, NC 28032 jshytle@cramerton.org <mailto:jshytle@cramerton.org> 1 of 2 6/8/2007 1:27 PM Re' Cramerton NC0006033 Marcia,Allocco - Marcia.Allocco@ncmail.net Environmental Chemist North Carolina Department of Environment & Natural Resources Division of Water Quality - Surface Water Protection Group 610 East Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 Marcia Allocco - Marcia.Allocco@ncmail.net Environmental Chemist North Carolina Department of Environment & Natural Resources Division of Water Quality - Surface Water Protection Group ,610 East Center Ave., Suite 301 Mooresville., NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 2 of 2 A/R/?007 1.77 PM /I ��2 $ 750.00 For 3 of the three (3) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly geometric mean effluent limit for fecal coliform. $ \ 1000.00 For 1 of the one (1) violation of G.S. 143- �` 215.1(a)(6) and NPDES Permit✓No. NC0006033, by discharging waste into the wars of the State in violation of the permit mo4thly geometric mean effluent limit for fecal coliform. r $ 1. 50.00 TOTAL CIVIL PENALTY E Enforcement MIM Pursuant to G.S. 143-215.6A(c), in deti into account the Findings of Fact ankonciusi 282.1(b), which are: UNT DUE ning the amount of the penalty I have taken of Law and the factors set forth at G.S. 143B- (1) The degree and exteKt of harm to the natural resources of the State, to the public health, or to priv i e property resulting from the violations; (2) The duration ar d gravity of the violations; (3) The effect ongroundor surface w - er quantity or quality or on air quality; (4) The cost oVectifying the damage; (5) The amount of money saved by nonco pliance; (6) Whethe/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 Managemenf�Commission has regulatory authority; (8) Z The cost to the State of the enforcement 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 1(0#1*,0+vPe a les Architects -Engineers January 12, 2007 Mr. Alan W. Klimek Director Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Pease Associates - Main Office 2925 East Independence Blvd. Post Office Box 18725 Charlotte, NC 28218 Phone 704-376-6423 Fax 704-332-6177 Reference: Town of Cramerton, Eagle Road WWTP Lincolnton, North Carolina EMC SOC WQ S05-010 NPDES Permit No. NC0006033 Case No. LV-2006-0480 Pease Associates' Commission No. 2002040.50 Subject: Remission Request Dear Mr. Klimek: Pease Associates - Ashe County One North Jefferson Avenue Suite E West Jefferson, NC 25694 Phone 336-846-8969 Fax 336-846-1465 On the 15' of December, 2006, the Town of Cramerton received a Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES permit No. NC0006033 for the Eagle Road Wastewater Treatment Plant. Attached is the "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form as well as the "Justification for Remission Request." We look forward to your review and consideration of the Town of Cramerton's Request for Remission. If you have any questions regarding this issue, please do not hesitate to call. Sincerely, Donald T. Larbrick, PE, President DTG/jmb Enclosures cc: Mr. Michael C. Peoples, Town of Cramerton Mr. J. Michael Barnes, Pease Associates Over 65 years of architectural and engineering design excellence U:\200204050010 - NOV remission request011207.doc STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST THE TOWN OF CRAMERTON PERMIT NO. NC0006033 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE H EARING AND STIPULATION OF FACTS FILE NO. LV-2006-0480 Having been assessed civil penalties totaling $2,080.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 14, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the eleventh day of J nu'M , 2006 BY ADDRESS Michael C. Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 TELEPHONE 704/824-4337 JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: LV-2006-0480 Assessed Party: The Town of Cramerton County: Gaston Permit Number: NC0006033 Amount Assessed: $2,080.15 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, 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-282.1(b) were wrongfully Uplied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); ✓ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); ✓ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); ✓ (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining_ necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: The Town of Cramerton formally requests remission of the total civil penalty assessed* and believes that three of the five factors above (b, c, and d) apply to the current situation at the treatment plant. The treatment plant is currently under construction using State loan funds to *The penalty assessed results from August 2006 data reported to the State. Reports from September through November 2006 also indicate excursions and the Town is requesting forbearance of assessing penalties for those months also. The Town is separately requesting an amendment of its existing SOC during remaining construction time to address these parameters and remedial steps improve and enhance the existing facility and the protection of the environment and the methods of construction required to maintain continued operation of the plant, in conjunction with an unexpected reduction in industrial flow, resulted in the violations (item c above). Once the ORC noticed the violations, he promptly brought the violations to the attention of the Contractor and the Contractor, Town, and Project Engineer began to immediately assess the causes and develop a plan to abate the excursions (item b above.) The excursions were contrary to the Town's record of continued operation below limits and lack of previous penalties (item d above). Detailed explanation of the three factors follows. Item C: The violation was inadvertent or a result of an accident In November 2005, the Town of Cramerton entered into a contract with Hickory Construction and Recore Electric to upgrade the existing Eagle Road Wastewater Treatment Plant in order to enhance its operation and environmental protection. The plant during construction has been operating under an SOC that modified limits only on total phosphorus and total residual chlorine. In late August 2006, the ORC Mr. Jamie Shytle noticed a sharp increase in BOD and Fecal Coliform readings which exceeded the limits set forth in the Permit. After reviewing the situation with the Contractor and Project Engineer, Mr. Shytle determined that the excursions coincided with the shut down of one of the two clarifiers on site (August 4, 2006) as shown in Figures 1, 2, and 3. The shut down was required in order to perform replacement and upgrading of the clarifier equipment. The installation of a floating baffle wall had also taken place in the aeration basin shortly prior to the excursions, which caused increased detention time and saturation of oxygen. During the same time period, the effluent flow rates were starting to become sporadic due to the unexpected phased shut down of the major industry, feeding flow to the treatment plant. This reduced and sporadic flow also caused a biological change in the aeration basin. The detention time and saturation of oxygen caused a light mass to pass through the basin into the final clarifier and carry over the weir into the chorine contact tank. Figure 4 shows the Effluent Flow Rates for January 2006 through November 2006 reflecting this flow trend and its impacts. The combination of the upgrading of the plant and the phased shut down of the major industry was unavoidable by the Town and was something that could not have been prevented or for which it could be prepared. An SOC Amendment has been submitted for approval. to modify limits on these additional parameters for the remaining duration of construction and is attached for your information. Item B: The Town Promptly abated damage resulting from the violation Upon learning of the excursions, the ORC immediately met with the Contractor and the Project Engineer to develop a plan to mitigate further excursions. The contractor closely monitored his construction activities to determine if there were any activities that could be altered to lessen the impact attributed to the construction operations. The contractor also minimized the amount of shutdowns to the one operable clarifier. The ORC increased the amount of chlorine added to the effluent. The efforts made resulted in the BOD and Fecal Coliform counts returning to acceptable levels as shown in Figures 1 and 3. Test results have shown that the additional chlorine added to the effluent has had no adverse impact on toxicity. The contractor's construction schedule called for the switch from the existing clarifier to the newly upgraded clarifier with Clarifier #2 completely shut down on October 5, 2006. This switch over once again caused BOD and Fecal Coliform counts to exceed limits. This time the BOD was quickly brought back to normal levels and the Fecal Coliform counts were approaching acceptable levels when the plant was impacted again by reduced flows. The industry began a more sporadic release of influent into the plant in November and announced an anticipated total shutdown by the end of the year. This caused a drastic increase in BOD levels, TSS levels, and continued rise of Fecal Coliform counts. Continued efforts were made to reduce BOD, TSS, and Fecal Coliform, however the contractors continued construction operations added further complications. In order to remediate and upgrade the existing chlorine contact tank, the contractor has had to bypass into a temporary tank. This initially caused a limitation to the amount of chlorine that could be injected into the effluent and caused high fecal counts. Additional chlorine tablets were placed in the effluent piping to help with the Fecal Coliform limits, however the tablets were placed downstream of the sampling point therefore the samples did not indicate the benefit of the tablets. The plant operators have relocated a booster pump to aid in the delivery of chlorine. This modified system will allow approximately 100 pounds of chlorine to be delivered at the discharge point. The plant operators have also dropped chlorine tablets in the temporary chlorine contact tank to help deliver additional chlorine to the effluent. The Town has also now started dripping 12% hypochlorite and 25% NaOH into the effluent and is receiving higher residual values. The Town believes that the fecal coliform counts are now under control with no adverse impact to toxicity. In order to better prepare for the current fluctuations in industrial flow, the Town has met with the industry and has requested a schedule of release dates as well as a final date of complete shutdown (now estimated March 2007). This should allow the Town to properly adjust chemical additives to maintain all levels within limits if adhered to. The upgraded chlorine contact tank should be back in service by the end of January and the construction project should be complete by March 9, 2007. Item D: The Town has not been assessed civil Penalties for any previous violations Prior to the construction and flow caused excursions in August 2006, the Eagle Road Wastewater Treatment Plant had not been assessed civil penalties for any previous violations during its ownership and operation of this facility. 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Ln N ch M x- st N T T T T T LV Y ao uj N d m M d cV cQM T MLnu7Mf1FNC T T T N T N cc N tiles rcogCD � Tui`q � co v: MTTcoNN(OOoL6mto r T co m T C") •� T T T LO LO t C C A R R C CD v 0'd •�ii�Q��'�Q(/��ZG s� ap U. ap ap 10 10, sy� 0 �7- 0 a- Ae # Jag Je10 900Z ' e f 00 s �a as s6, �b �6 �b 900Z It 6n tf - umoa u oel # jam jon . is �b ^ ek ^ nr - spe;g uos; nilsuc O peM ajme 900Z '9Z a S:G o„ e4 O^ Pwp Zr a� �J ab b s J� �1 �u A9 91, �9 , sG `6^ `n0 �4 �^ O O O O O O O O Cl O O � O Figure 4 - Effluent Flow Rates by Week January 2006 to November 2006 Month Avg Eff Flow Rate Max Eff Flow Rate Min Eff Flow Rate MGD MGD MGD Jan-06 0.91 1.6 0.4 Feb-06 0.8 1.42 0.31 Mar-06 0.92 1.38 0.1 A r-06 0.87 1.58 0.3 Ma -06 0.96 1.6 0.29 Jun-06 1.04 1.69 0.3 Jul-06 0.83 1.48 0.3 Au -06 0.98 1.6 0.36 Se -06 -0.78 2.06 0.38 Oct-06 0.65 1.38 0.31 Nov-06 0.77 1'.83 0.33 Dec-06 2006 Effluent Flow Rates 2.5 2 0 1.5 d -6 Avf Eff Flow Rate v -IF Max Eff Flow Rate D: 0 1 -�- Min Eff Flow Rate LL 0.5 0 Jan-06 Feb-06 Mar-06 Apr-06 May-O6 Jun-06 Jul-06 Aug-06 Sep-06 Oct-06 Nov-06 Dec-06 Date CRAMERTON CAR0*'' PUBLIC WORKS / UTILITIES ADMINISTRATION 155 North Main Street. Cramerton NC 28032,,Jl=p! try- December 28, 2006 / �®NATURAL SOURCES MOOgESVILLFREGIONAL OFFICE - ,. F.� CERTIFIED MAIL RETURN RECEIPT REQUESTED D. Rex Gleason, P.E. Water Quality Regional Supervisor NCDEHNR / DWQ Mooresville Regional Office Dear Mr. Gleason: JAN 0 35 2007 AIM, U L r iY SE T1 1jd` V4 . SUBJECT: Town of Cramerton — Eagle Road WWTP NPDES Permit No. N00006033 SOC / EMC No. WQ S05 — 010 Noncompliance with effluent discharge limits The Eagle Road WWTP failed to meet monthly and weekly effluent discharge limits for BOD-5, TSS, fecal coliform, and % removal for BOD and TSS during the month of November 2006. I have attached a copy of our November DMR for your review. As you are aware our facility is currently involved in an upgrade. One component of the upgrade includes repairs and retrofitting the chlorine contact tank with additional baffling walls, and dechlorination equipment with post aeration. To perform this work the existing chlorine contact infrastructure has been removed from service and one of the new secondary clarifiers is being utilized as a temporary reaction and detention vessel. In addition we have received influent and effluent sample data from our contract laboratory that indicates improper handling and/or errors in analytical protocols that have skewed reporting averages. This has been reported to the laboratory manager. for review. All the non-compliance issues reported since August 2006 are related to equipment replacements, flow hydraulics profile modifications, and other efforts made by our general contractor to facilitate our wwtp upgrade. We are meeting with senior staff engineers from our design engineering firm in order to resolve any further construction efforts that may attribute to or cause any further non-compliance issues. 46 If you have any questions or need additional information please call or email me at: 704-825-7499 tocwwt@bellsouth.net bellsouth_net Thank you Jamie Shytle Town of Cramerton, POTW Director Copy: Michael Peoples, Town Manager NCDEHNR Central Files File attachments EFFLUENT NPDES PERMIT NO. NC0006033 DISCHARGE NO. 001 . MONTH: November YEAR: 2000 FACILITY NAME: Eagle Road WWTP CLASS: III COUNTY: GASTON OPERATOR IN RESPONSIBLE CHARGE: Thomas J. Shvtle, Jr. GRADE: IV CERTIFIED LABORATORIES: 1) Shealy Environmental Services 2) Eagle Rd. VYWTP 3) ETT Env. CHECK IF ORC HAS CHANGED Q STAFtr:. X OTHER: Mail ORIGINAL and ONE COPY to: Da ATTN: NC Div. Water Quality SIG E OF C)_94UNWIGNATURE, I CERTIFY THAT 1617 Mail Service Canter ..THIS REPORT IS ACCURATE AND'COMPLETE TO THE BEST OF Raleigh, NC 27699-1617 MY KNOWLEDGE. PHONE: (704)825-7499 50050 00010 00400 60060 00310 00610 00530 31616 00300 00600 00606 '00063 00665 32730 00095 TGP31 N > o m E p~ m E`+; oc m0 O W U U O m LL_ w aEi ~ mom. mU CQN •p m c ai E- Cz mm om ~ `N d- �.m ri `u)' x p0" c m. H c m .. .... a°- U rn Oc 12 a r a:; _ � U-: C.W m U Hrs Hre YIN MGD °C Units ugiL mWL mglL mg1L #1100mL Mi L mgtL . Ib/D ADMI mg1L• mgiL umhos PIF :0 69 f28 0, 9600] 4 6 .752 2 700 8 y 0.94 17.2 6.56 100 10 016 ' 25.0 2800 4. JL. 859 31 700 -8 20 T20` 23_' 0 i3 33,0 1'1 00 4 3 r 783 4 700 4 n 0.53 - 6 700 4- f 8 700 8 . y. 0.60 9.7 6.57 .100. 7.3J ' 0 82 37.gr' . 500g 5.3.. 751 6 44 180,; 00 2 30 1 0>t ,>6p0"0 6.5 2p:0 58 4 92 6' 8 Tao :8". y: 0.92• 14'j 6.34' 380 5 210 ' A,10., ;1020 :4.5 869 ,1.10 10 700 4 n. 0.96,4!, 4 n,0i3 12 700 4 n 0.50 6.02 S 6 , 0:49 =2710 <? 5,41 f. a 903 14 700 8 y 0.85 13.7 6.66 100 9.6 0.49 36.0 18 5.2 24.0 170 2.2 794 y 0 85 '14 9 6 74 100 , 18 0:57,50;D >6080 _, 62 16 700 8 y 1.42 16.9 6.69 100 .17.. .047 e69:Oa ?6q00.., _5.4 807 17 ;; 700 8 y :; .0 97 45 3 639 150' = 27 U51 33:0 240 50 = 822 /8 700 4 n 0.59 - 1977777 _. - 20 700 8 y 0.48 11 A...6.28 260- -If 0.461 45 f 3090 - 6.0 782 Z1 700 8 y. ;:1 13 .9a) 8 6.42 120„ B{ 63 �9 D 2120'0 58 162 15ti- 2 6 :782 22 700 8 y 1.83 11.4 7.07 110 31 0.47 =Q 321Z00 _ 6.8 228 _ ; 24 700 .4 n 0.561 0 41 28 700 4 n 0.391- 7..';700 : >.$ y` .0.52 10.3 :6;63 110.-18', 0.68 547 io 28 700 8 y 0.97 12.3 6.83 130 20 1.10 18.0 <2 5.5 15.5 130 2.4 599 Y '1 11 :15.1 `6.11 150' : 22 :0:62 _.. 310, , . 1240 `6::1 673 30 700 8 y 1.01 17.3 6.30 180 /15 0.34 30.0 <2 5.9 748 AVERAGE 0.77 14 162 �7. " 0.8 C 2.. 7108 5.4 18.9 129 92.6 2.50 0.000 745 MAXIMUM-, .. 1.83' :A7 7.07 380= >100 2:3 90.0::628Q0- .6.8 24.0 170` 92.6 ' 2,15 < 0 02 'MINIMUM 0.33 02 100 5.6 0.34 18.0 < 2 4A 15.5 58 92.6 2.2 < 0.02 228 �9111D(C)lGrab(G):... .. if-a' G G :, ' C :: 'CG C ;C C G G CMonthly Limit 4.00 -9 10 1 4.0 1 30' 1 200.0 1 1 1 1 P/F FaCRIK7 Status: Q please chO6k one off the ff0916wing D A91 Mongtoringl data and samplings ffQeguenCies meet perrmit eeguireMOnts Qcomplian$D A09 monitoring daft and do NOT Mott perurroit reguilrements imoncompllantD . ff the facility is noncompiant, please comment our Comctive actions being taken in Tepect to equipment, opePations, 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 personsAlr®ctly responsible for gathering the information, the information submitted .is, to the best of my knowledge and. belief, true, accurate, and complete,) am aware that there are significant penalties, for submitting false. information, including the possibility of. fines and . imprisonment'for knowing violation Michael C. Peoples, Town Manager Signature'of P.ermittee** Date ADDRESS: 155 North Maid Street Cramerton NC 28032 Permit Expiration Date: January 31 2010 : Town of Cramerton, Wastewater Trestrnent Department, MODIFIED,- MR-1 i Revised 8/00 Q ■�IIB111111111111111111111l11111111 1 CD < Z LU 0 �I IYIIIIIIIIIIIINYIIIIIIIII�IIINI w Iviol Cl w ���INIIIIIIIIIINIIIIIIIIIIIIIIIIII LLJ -q_l - ���1�1111111111■111111111111111111�1 �� IIAAA0111�W��11�0�11119��A1 �10000 o000AA�B�99ABAB009AA90600 .. 4 � APbES -NO: NC 0006033 DISCHARGE NO: 001 MONTH: November YEAR: FACILITY NAME: Eagle Raad, WWTP COUNTY: Gaston UPSTREAM: S. Fork, Catawba River DOWNSTREAM: S. Fork, Catawba Ri LOCATION: Cramerton Bridge LOCATION: Armstrong Bridge UPSTREAM DOWNSTREAM! ■�O�E��� , , �� �0�®mom : , , �� UMMENINNINNINNI MINE UMIMIMEMINNEM ■ a / 1 1 .. m ■ M-INNIENION MAX. Michael F. Easley, Governor = o�oF wArF9p� olvilll:�-"c 174 Mr. Jamie Shytle Town of Cramerton/ Eagle Road WTTP 155 North Main St. Cramerton, NC 28032 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 19, 2006 Alan W. Klimek, P.E. Director Division of Water Quality _ D�c21200t SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal ,- Dear Mr. Shytle: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact your assigned inspector Chet Whiting at (704) 235-2201, if you have questions or need additional information. Sincerely, Pat Donnelly Branch Manager Enclosure cc: Chet Whiting Mooresville Regional Office o c hCarolina NNaturally Laboratory Section 1623 Mail Service Center Raleigh, NC 27699-1623 Phone (919) 733-3908 Customer Service Internet: www.dwrllab.or5 Location: 4405 Reedy Creek Rd. Raleigh, NC 27607 Fax (919) 733-6241 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Certificate No. 174 a STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions ofN.C.G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800: •JJiJJ!l�� MrSr 70 ,� .. ACV - to ` �. Egsr QLtAM vtipti.��G TOWN OF CRAMERTON/ EAGLE ROAD WTTP is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made apart of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December31, 2007 Pat Donnelly Attachment North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing .ab Name: Town of Cramerton/ Eagle Road V TTP Certificate Number: 174 Nddress: 155 North Main St. Effective Date: 01/01/2007 Cramerton, NC 28032 Expiration Date: 12/31/2007 Date of Last Amendment: he above named laboratory, having duly met the requirements of 15A NCAC 21-1.0800, is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS NORGANICS ALKALINITY Std Method 2320B RESIDUAL CHLORINE Sid Method 4500 CI G :;OLIFORM FECAL Sid Method 9222D (MF) CONDUCTIVITY Std Method 2510E 4MMONIA NITROGEN Sid Method 450.0 NH3 F pH Sid Method 4500 H B RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Sid Method 2550B VECTOR ATTRACTION REDUCTION Option 1: Reduction in Volatile Solids Option 3: Additional Digestion of Sludge This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Lal;oratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 21-1.0807. �0` G c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 2, 2006 Mr.. Michael Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Alan W. Klimek, P.E. Director Division of Water Quality Subject: Compliance Evaluation Inspection Cramerton/Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County, N.C. Dear Mr. Peoples: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 28, 2006, by Mr. Wes Bell 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. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure: cc: . Gaston County Health Department WB No°C hCarolina NCDENR Naturally Mooresville Regional Office Division of Water Quality Phone 704=663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-871-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper United States Environmental Protection Agency Form Approved. E P q Washington, D.C. 20460 /`1 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 N1 2 1 51 31 N00006033 111 121 06/09/28 117 181 r1 191 GI 20I I LJ U 1= Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CIA —------------ —----------- Reserved------------------- 67 I 1.5 169 701 3 I 711 N 721 N I 73 I I 174 751 I I I I I I 180 IJ I_I_I 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) Eagle Road WWTP 09:44 AM 06/09/28 05/06/01 Exit Time/Date Permit Expiration Date 599 Eagle Rd Cramerton NC 28032 12:50 PM 06/09/28 10/01/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Hubert Harold Hampton//704-825-7499 / Thomas 7 Shytle/ORC/704-825-7499/ Name, Address of Responsible Official/Title/Phone and Fax Number Michael C Peoples,155 N. Main St Cramerton NC 28032/Town Contacted Manager/704-825-7499/7048259049 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Compliance Schedules 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 //►► Wesley N Bell o f, MRO WQ//704-663-1699 Ext.231/ Signature of Management Q A.R r�� Agency/Office/Phone and Fax Numbers Date 04:' Marcia Allocco MRO WQ//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I N00006033 I11 12I 06/09/28 117 18' M1I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: DMRs were reviewed for the period August 05 through July 06. No limit violations were reported. No effluent fecal coliform was reported on 12/30/05 and no effluent conductivities were reported on 6/8/06 and 6/9/06. Amended DMRs should be submitted if the above -noted discrepancies were transcription errors. The facility staff must ensure that the DMRs during the summer season (April - October) document whether or not a plume was observed around the outfall pipe while performing the instream sampling events. In addition, the facility staff must ensure the analytical results are reported down to the appropriate meter/method detection limits and all ORC/Backup ORC visitations are appropriately documented on future DMRs., Overall, the facility staff incorporate a commendable record keeping system. Page # 2 Permit: NC0006033 Owner - Facility: Eagle Road VWVrP Inspection Date: 09/28/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ Cl ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ Comment: Compliance Schedules Yes No NA NE Is there a compliance schedule for this facility? ■ ❑ ❑ ❑ Is the facility compliant with the permit and conditions for the review period? ■ ❑ ❑ ❑ Comment: The City is curently under the compliance schedule of EMC SOC WQ S05-010. The SOC became effective on 11/18/05 and requires the City to complete the construction upgrades by.1/31/07 and achieve compliance with effluent limits (total phosphorus and total residual chlorine) by 4/1/07. Record Keeping Yes No NA 'NE 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? ■ ❑ 110 Is the chain -of -custody complete? ■ ❑ ❑ _❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is = or > 5.MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ .❑ Cl Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Page # 3 Permit: NC0006033 Inspection Date: 09/28/2006 Owner - Facility: Eagle Road WVVfP Inspection Type: Compliance Evaluation Record Keeping Yes NO NA N Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ■ Cl ❑ ❑ # Is the facility using a contract lab? ■ ❑ ❑ ❑ 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- 1.0 degrees? ❑ ❑ ■ ❑ Comment: The on -site laboratory (Certification #174) provides analytical support. The facility upgrades will inlct.lde the construction of a new laboratory building. Please refer to Mr. Chet Whiting's (Division's Laboratory Certification Unit) inspection report regarding the facility's on -site laboratory practices. r. Influent Sampling Yes No NA y NE # Is composite sampling flow proportional? ❑ ■ ❑ ❑ Is sample collected above side streams? ®❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ®❑ Cl ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is sampling performed according to the permit? ■ ❑ ❑ ❑ Comment: The facility is currently collecting time -based composite samples. The facility will be capable of collecting flow proportional composite samples following completion of the ongoing upgrades. The sampler's tubing should be cleaned/replaced within the near future. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ Cl ❑ 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)? ■ ❑ ❑ ❑ Page # 4 Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 09/28/2006 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Comment: The sampler's tubing should be cleaned/replaced within the near future. Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ Cl ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility appeared to be well maintained and properly operated. The upgrades will include the installation of backup power and the construction of a chemical feed/storage building (phosphurs removal and chlorination/dechlorination). This office commends the efforts of the ORC and Backup ORC during the ongoing upgrades at the treatment facility. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b. Mechanical ❑ Are the bars adequately screening debris? ❑ 01111 Is the screen free of excessive debris? ■ ❑ ❑ ❑ . Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ❑ ■ ❑ ❑ Comment: The current upgrades will include the installation of a new mechanical screen. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Surface . Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ■ ❑ ❑ ❑ Are the diffusers operational? Cl ❑ ■ ❑ - Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ Cl ❑ ❑ Page # 5 Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 09/28/2006 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ ❑ Comment: The upgrades will include the addition of six 75-hp aerators. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ 0 Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? .00 ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? ®❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ■ ❑ ❑ ❑ Comment: The facility is currently utilizing one of two secondary clarifiers. Both secondaries will be upgraded as part of the construction activities. The upgrades to the operational secondary clarifier have been completed. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ❑ ❑ ❑ ■ Comment: The upgrades will include replacement of the RAS and WAS pumps. The new RAS pumps are currently in operation. Disinfection -Gas Yes No NA NE Are cylinders secured adequately? ■ . ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ 0 ■ [l Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? ❑ ❑ ■ ❑ Page # 6 Permit: NC0006033 Owner - Facility: Eagle Road WWTP Inspection Date: 09/28/2006 Inspection Type: Compliance Evaluation Disinfection -Gas Yes No NA NE If yes, then is there a Risk Management Plan on site? ❑ ❑ ■ ❑ If yes, then what is the EPA twelve digit ID Number? (1000- - ) If yes, then when was the RMP last updated? Comment: The facility currently utilizes one 1400 lb. chlorine cylinder with two 150 lb. cylinders as backups. The upgrades will include modifications to the existing chlorine contact chamber and the installation of a dechlorination system with diffused air post aeration. The facility will also convert to sodium hypochlorite (liquid) as the disinfectant. . Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: The flow meter is calibrated twice per year. The flow meter was last calibrated on 7/20/06 by Ken Nash Company, Inc. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ ■ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? Cl ❑ ■ ❑ Comment: The effluent appeared brownish red (tea color) with no foam. Aquatic life (fish) was observed in the effluent discharge. Page # 7 CRAMERTOM SEP 2 9 200. y6'9-14V Cwao`�'t►�'' PUBLIC WORKS / UTILITIES 155 North CERTIFIED MAIL RETURN RECEIPT REQUESTED D. Rex Gleason, P.E. Water Quality Regional Supervisor NCDEHNR / DWQ Mooresville Regional Office Dear Mr. Gleason: Cramerton September 27, 2006 SUBJECT: Town of Cramerton — Eagle Road WWTP NPDES Permit No. NC0006033 SOC / EMC No. WQ S05 - 010 Noncompliance with effluent BOD-5 discharge limit The Eagle Road WWTP failed to meet monthly and weekly effluent discharge limits for BOD-5 during the month of August 2006. I have attached a copy of our August DMR for your review. JAZ The data indicates high effluent BOD 5 values for August 9, 10, 15, and 1701. I have reviewed our operations logs, laboratory data, and other field parameters and can find no correlations with other parameters that may have attributed to the high BOD-5. Generally, a higher than normal effluent BOD-5 value can be associated with process equipment failures and/or poor biosolids management practices. As you are aware our facility is currently involved in an upgrade. One component of the upgrade includes retrofitting the two secondary clarifiers, replacement of the RAS/WAS pumps, and associated appurtances. During the month of August we were asked to remove clarifier No. 1 from service so that the work could begin. This was approved because one clarifier is large enough to maintain sufficient weir overflow and surface loading criteria at our current daily flow rates. I do not feel that the construction process has lead to, or caused any harmful effects on our operations to date. During the summer our WWTP experiences higher than normal influent temperatures, (avg.31c), resulting from industrial wastewater discharges. The higher temperatures lead to increased biochemical activity in the activated sludge process. _ Without sufficient influent carbon the biomass begins endogenous respiration which results in a decline of the MLVSS. Each summer we augment our influent wastestream flow with waste syrup from Choice Bottling Company and domestic septage from area haulers. The only draw back to this practice is inconsistency r: � - . .... � �: with the concentrations of available carbon from one load to the next. Typically this causes no operational difficulties because of the size of our aeration basin, (5.Omg cap.), and the associated mean cell residence times. I can only conclude that periodically we may receive a load of waste syrup or septage that contains a non - soluble fraction of carbonaceous material that would require more time to metabolize than our facilities can provide. This may lead to a pass through and show up as a high effluent BOD-5. We have curtailed any waste syrup usage and restricted domestic septage until such time as we can determine the exact cause(s) of the BOD-5 problem. If you have any questions or need additional information please call or email me at: 704-825-7499 tocwwt@.bellsouth.net Thank you Jamie Shytle Town of Cramerton, POTW Director Copy: Michael Peoples, Town Manager NCDEHNR Central Files File attachments NPDES PERMIT NO. NC0006033 DISCHARGE FACILITY NAME: Eagle Road WWTP OPERATOR IN RESPONSIBLE CHARGE: Thoma CERTIFIED LABORATORIES: 1) Shealy Enyiron CHECK IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: NC Div. Water Quality 1617 Mail Service Center' Raleigh, NC 27699-1617 EFFLUENT NO. 001 MONTH: August YEAR: 2006 CLASS: III COUNTY: GASTON I. Shytle, Jr. GRADE: IV kntal Services In 2) Eagle Rd. WWTP 3) ETT Env. SA LE PO ITAFF: X OTHER: Date vggG SIGNA OF OR Y THIS SIG E, I CERTIFY THAT THIS REPORT IS CURATE AND -COMPLETE TO THE BEST OF MY KNOWLED PHONE: (704)825-7499 50050 00010 00400 50060 00310 00610 00630 31616 00300 00600 00606 000M 00965 32730 00095 TOM W H 0 ? o Q`�CD ` N O E g' H 0---- E 1-w r co m0 O LLJ Z O U O.. 2 o: .3 .' O u w- Iu `- a) aEi. F- : _ '. G. �c 'C � w O �0 L) o N N p °° cm O tm E O` QZ c �� � ;8 N 6IY F € c ,o� O � 0- a�i. ud. C7 �� O) y �• aO': w o Z m H aa) o ' Z ° O O U rn f0 O. Q F-s g. c a7 ii Z O. o U _ U Hm Hm YIN MGD °C Unite ug1L mg1L mg1L mg/L 1t1100mL mg/L mg11- IbID ADMI I m91L mg1L umhos PIF 1l 700 8.. y". f.18 25,4 7.29 356 <2 "5 90 5 6` ` `<2 : ' ,5:5 ;14.0 138; :83.2` 2 700 8 y 1.13 26.7 7.19 400 <2 4.50 '6.0 2 4.8 984 3 700' '. 8 y 1 17 ;27.2 7.24 230; <2 4:30, 4.2 ;: 9 4:8 4 700 8 y 1.41 27.9 7.22 250 2.3 4.40 6.2 14 4.8 5 700 4' n 166 - 6 700 4 . • n: 0.78 - E�4 0 60 234 =725 200- 3 8. '4 6U <2 71;0 8 700 71" :2 128 45 12.4 124 2.50 971 9' 700 On . _Y .:1 37. 26 5,; ,712 220 32 10 700 8 y -.1.24 , 26:0 .; 7.06 .200 : 57.0 2..10. 5.7 ; . • , <2 :. • , 4.7 .. ;. 1028 . . 111 700 8 y, . -1 57� 26 2 ,698 2]0 6 4 44` W . �t. 12 700 4 n ().36. 4 0 0 80 a x f ; c_� 1; T 14 700 1 8 1 y 0.64 22.5 6.96 320 14 .010.341 6.2 484001 5.5 808 15 ' 706- ;. 8 y' :1 32: 25 1 ' 7.p0 260, _ 44 0 0.15 T6 �_... 8900 6.3 . " 8:5 " 94 : 2 50 ; ' 863 16 700 8 y 1.60 25.4 7.09 ...240 .21.0 0.251 22.0. 93400 5.4 843 17 .700 ;:'8 ' :..y 1:49 26.6: 6:78 250:'50.0 ",0.40 18 700 8 y 1.00 23.4 6.70 290 9.4 0.48 6.4 <2 5.4 1 834 20 700 4 n 0.42 - 21 . 700 '" - 8 ..y = 0 71. 24 3 6:78 .350` :. 3 7„ 0.37 4:4 8300 5:3 ... " :. ; > 775- 22 700 8 y 11.251 25.6 6.64 210 3.9 0:37 . 8.0 1200 5.0 10.3 .107 3.00 845 23 aoa .'8 y ' 6:01 890" f2 7 0.`40 24 700 8 y 0.98 25.3 6.86 420 14.0 0.38' 7.2 '31200 ` ' 4.0 811 25 '- 700 8 y; .1 01 24.6 6:71 656 _10 0, 0:84 ''S 5 <2 4 2 871 26 700 4 n 0.53 - '27- 28 700 8 n 0.60 23.1 6.92 480 4.0 0.50 5.2 32100 5.1 803 29 `700 '.:'8. • `y. 1.64 " 25:2 6.52 340' . ' 3:9.- 0.25 .31:0 ..'.. 19`_. -. `-,4.6 2.50 820 N 700 8 y 1.12 25.7 6.45 460 4.2 0.56 5.6 10 4.6 845 700' 8 y 1.0.5 25.4 729- 350 :10.,. '5:5 -993: AVERAGE 0.98 25 334 13.3 1.8 1 8.1 168 4.9 11.3 116 83.2 2.16 0.028 901 MAXIMUM 1.60 ."28 ' 7.29 890`. 57.0 5.9 :31.0 93400 -5:5 14.0 '136 83.2 3.0 0.028 1091 MINIMUM 0.36 23 6.01 110 <2 0.15 < 2 <2 4.0 8.5 94 83.2 0.3 0.028 775 Comp(c)1Gr*G) :.: G :G., G . C.. • C C.. ' : G . • G -C C . C C . G G : C Monthly Limit 4.00 6-9 10 . 4.0 30 200.0 P/F FIacility Status: ( please check one of the following D All monitoving data and sampling frequencies meet perunit requirements [� lColr pliant) A11 monitoring data and sampling frequencies do N07 meet permit requirements ❑ . (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 mj( 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." Michael C. Peoples, Town Manager Signature of PermittW* Date ADDRESS: 155 North Main Street Cramerton NC 28032 Permit Expiration Date: January 31.2010 Town of Cramerton, Wastewater Treatment Department, MODIFIED, MR-1/ Revised 8/00 INFLUENT NPDES PERMIT NO: NC 0006033 DISCHARGE NO: 001 MONTH: August YEAR: 2006 FACILITY NAME: _TOWN OF CRAMERTON/ EAGLE ROAD WVffP COUNTY: GASTON mmun M181111111 Ulm :11 1 • ° o :ol - :o/ - le / •1 0 NPDES NO: NC 0006033 DISCHARGE NO: 001 MONTH: August YEAR: 2006 FACILITY NAME: Eagle Road, WWTP COUNTY: Gaston UPSTREAM: S. Fork, Catawba River DOWNSTREAM: S. Fork, Catawba River LOCATION: Cramerton Bridge LOCATION: Armstrong Bridge UPSTREAM DOWNSTREAM UJ a Oav�X _HRS- 1 2 8001 3 00010 00300 00400 00310 00083 31616 00095 00010 00300 00400 00310 00083 31616 00093 F to W �- W 0 0 0 a N G m cU WL . u, 0 U o Z U w aW UU)O w WO 0 0 CL CD N o m c U� _j 0 LO ww0 O 0C9 oj oo. OO _ PC_, _mg/L.. -S.U._ _mglL_ _ADMI #1100m1 um/Hos _ _ HRS °C-_ _ mg/L. . S.U._ mg/L ADMI #1100ml umlHos -- 47.6 142.2 . 26.4 6.4 7.39 1 271 8051 23.6 6.3 7.52 197 4 1015 28.0 6.0 7.70 213 1020 28.9 5.9 7.57 218 - 6 7 30` 271__ � ` 6 5 247. `: 935 .28.2 6.2;_ 7, 64 ;; . ,`. ' 223 8 9 t000 :27 2:; .: 6 4.= ,-7 75 =--_ 246. ° roo5 27`$ 6:3 7:75' :'` 231 10 11 1015 :;26 2 .. 6 5, - 241 . , ". 1020 26;a. 6 4-_ 7 63 % . 225 12 13 14 1400 25.7 7.4 7.14 59 1405 25.1 7.3 7.28 58 15 16 1448 24.8 7.1 7.35 85 14531 24.7 7.0 7.29 86 17 18 915 27.7 7.3 7.56 111 920 23.4 7.1 7.45 103, 19 20 21 1450 >27 0 ..6 8. 7 48 :,- 122 ::: :.' 1455 27.8' 121 22 23 1350 ' 26 7 104 ': 1355 25 2 1 Q1 24 25 1322 . 27 :: 6 8 '7 5 : 97 13z7 27.;: 6.6 7 5' 103 26 27 , 28 14361 27 6.7 7.7. 140 1441 28 6.6 7.6 146 29 30 1230 27 6.6 7.7 155 1235 27 6.6 7.5 160 31 . AVG. MAX. MIN. 27 6.7 12a`- 48 161 26 6.6 4 x 42 152 28 7.4 7 9, `_ ` , 48 _ 148 271 rr. 29 ". 7.3 7.8 °. 42-: 231 , 25 6.0 7.1 59 23 5.9 7.3 42 58 I December 8, 2005 Jamie Shytle Town of Cramerton 155 N. Main Street fr Cramerton, NC 28032 �'/ SUBJECT: .Payment Acknowledgment Civil Penalty Assessment Eagle Road WWTP Permit Number: NC0006033 Case Number: LV-2005-0438 Gaston County Dear Mr. Shytle: for iry es for lity . SOURCES ,.,,,AL OFFM ; DEC 0 9 200' TIM This letter is to acknowledge. receipt of check number 002266 in the amount of $585.04 received from you dated November 21, 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-2005-0438 'cD`- M6o—fdsvi11--RegionaL-Office_Supervisor---� Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 NorthCarolina AaftzrY llff 111002266i1' IM531016B4I: 001i7i526ii' Postage $ / b `r Certified Fee fl( 5 Retum RecieptiredFee cp 1= (Endorsement Requ) `c��_ Restricted rsDelivery Fee r (Endorsement Required) _ i Tol MR MICHAEL PEOPLES, TOWN MANAGER 3 sem TOWN OF CRAMERTON UN 155 NORTH MAIN STREET orF CRAMERTON NC 28032 c' swp/rmb 11/15/05 :erlified Mail Provides: (as�anaa)ZooZeun['ppgeuuo�s I A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years npontant Reminders: i Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail I Certified Mail is notavallable for any class of International mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. I For an additional fee, a Return Receipt may be requested to provide proof e delivery. To obtain Return Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i required. i For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mailplece with th endorsement "Restricted Delivery". i If a postmark on the Certified Mail receipt is desired, please present the art! cleat the post office for postmarking. If a postmark on the Certified Me receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail addressed to AM and Ms. AJOLVA7. HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 14, 2005 CERTIFIED MAIL . RETURN RECEIPT REQUESTED Mr. Michael C. Peoples, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Peoples: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director 7003 2260 00013492 7273 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. NC0006033 Eagle Road WWTP Case No. LV-2005-0438 Gaston County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.04 ($500.00 civil penalty + $85.04 enforcement costs) against the Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Cramerton 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. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Cramerton violated the terms, conditions or requirements of NPDES Permit No. NC0006033 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 Town of Cramerton: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NO e Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o,enr.state.nc.us 1,Car011na An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer/ Paper Nawrially $ 0 For 0 of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the. permit monthly average effluent limit for Biochemical Oxyg_en Demand. $ 500.00 For 1 of the one (1) violation of G.S. 143- 3215.1(a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for Biochemical Oxygen Demand. $ 0 For 0 of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0006033, by discharging waste into'the waters of the State in violation of the permit daily minimum effluent limit for pH. $ 500.00 $ 85.04 $ 585.04 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 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 penaltyassessment 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 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: (919) 733-2698 Facsimile: (919) 733-3478 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. D. Rex GWason, 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 17TI:3 Attachment A Town of Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Case Number LV-2.0057.043& Limit Violations, June 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand -10.8 10.0 mg/L Weekly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 44 * 15.0 mg/L Daily Minimum Limit Violations Parameter Reported Value Limit Units pH 5.04 >6.0 <9.0 S.U. * denotes assessment of civil penalty. 0 STATE OF NORTH CAROLINA COUNTY OF Gaston IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST Town of Cramerton PERMIT NO. NC0006033 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ') ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2005-0438 Having been assessed civil penalties totaling $585.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 14, 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-2005-0438 Assessed Party: Town of Cramerton Permit No. (if applicable): NC0006033 (Eagle Road WWTP) County: Gaston Amount Assessed: $585.04 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 factonthat 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 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 (Le.', 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: EFFLUE NPDES PERMIT NO. NC0006033 DISCHARGE N6. 001 MONTH: June YEAR: 2005 FACILITY NAME: Eagle Road, W.W.T.P. 7 CLASS: III COUNTY: GASTON OPERATOR IN RESPONSIBLE CHARGE: Thomas J. le Jr. GRADE IV CERTIFIED LABORATORIEh(1) Sheal Environmenta ervices Inc. (2) Ea Ie Rd. WWTP (3) ETT Env. CHECK IF ORC HAS CHANGED SAMPLES COLLECTED BY FACILITY STAFF: X Date 7, Zd -C) Mail ORIGINAL and ONE COPY to: ATTN: NC Div. Water Quality ATU THIS SIGNATURE, I CERTIFY THAT 1617 Mail Service Center THIS REP RT IS ACCURATE AND COMPLETE TO THE BEST OF Raleigh, NC 27699-1617 MY KNOWLEDGE. PHONE: (704) 825-W 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00600 00665 32730 K�. .5`°tit TG13313 O CD CD w Nm C m at C N Z C 3 0 ' CJ O 0) COrj O2 m Z Z t ❑ co LL O_ E L O Z O O(nx 7i U I-- 0 •c IZ. 'OT Ua N 000w Q LL �w F- Lto O U Hrs Hrs YIN MGD °C Units ug/L mg/L mg/L mg/L #/100ml- mg/L mg/L Ib/D ADMI mglL mg/L umhos ' S, Elf ! 1, 700 8` y 1'{53 21 % 6 77 ; 380 <;2 <tl;2' 9 2 4 F:-' 5 9!s s µ Ai 2 700 8 y 2.15 21 6.95 340 2.2 <0.2 9.2 < 2 6.0 95.7 870 mA 1::77IL :340 02:4 <.0'.2 4 700 4 n 1.04 - -70 6 7ao 8 y 0.61 22 7.15 270 < 2 <0.2 4.8 < 2 5.7 1110 7, :700 8; y 1;57 21 6 99 180 3 b <0 2 ' `6 0 84 5 9 11.4 "•149 U 2,0 933 ; s 8 700 8 y 1.55 24 7.01 370 < 2 <0.2 6.4 _ 4 5.2 1000 9 ".700 8 y 1:90 25„ 7 01 0 <: 2 <0 2.: 10 700 8 y 1.611 25 7.04 240 < 2 <0.2 6.4 510 5.4 950 12 700 41. n 0.45. - 13 400 tp 14 700 8 y 1.34 24 6.72 320 < 2 <0.2 5.2 < 2 4.8 12.4 139 1.8 855 15 ;�o0 8: `y 120 24'; 6 82 320 2 <0 2 ' 7 2 ` 4• ' ; 850 u x ;." s__; 44,;:. ; 44 p 16 700 1 8 y 1.21 24 6.83 360 < 2 <0.2 4.8 < 2 4.8 910 .4- 1 8 700- 4 y 0.60 - 19 ao 4' y 0:41 :7 20 700 8 y 0.67 22 6.94 510 < 2 <0.2 4.4 < 2 5.0 990 21 'ia0 8,, Y 1 49 22 6940 ; 22 700 8 y 1.12 23 6.82 5501 < 2 <0.2 8.0 < 2 5.6 965 6 13 =200 >1:1.0 <0 2 , 9 2 , ;; . 42 1.4: f05U:, 24 700 8 y 1.30 24.1 5.04 360,>110 <0:2 28.4 <2 1.5 1170 25 '700 4 ; n- Q:55 7 26 700 4 n 0.52 _ 27 :rzao 8 ; y 068 24 ;' 7 23 540 6A, , 28 700 1 8 y 1.43 24 7.17 340 2.3 <0.2 8.8 10 4.6 5.4 64 0.97 910 29 7o0 7 07 51Q 2 t2 <0 2' E 6 4 30 700 8 y 1.21 24 6.94 5401 < 2 <0.21 6.0 1 < 2 5.0 960 31 AVERAGE 1.12 23 3661 10.8, 0.0 7.9 3 4.9 10.9 132 95.7 1-64 0.00 960 MAXIMUM 550 < 0 2 ', �28 4 510 ;: • ,6 0::;. 14 2. :176 95.7 2 Q` < 0 Q2 1170< III' MINIMUM 0 40 21 5.04 180 < 2 < 0.2 4.4 < 2 1.4 5.4 64 95.7 1.0 < 0.021 850 Comp.(C)/Grab(G) "G - 'C C `. G. .' .0 G Monthly Limit 4.00 6-9 10 4.0 30 200.0 PIF Facility Status: ( please check one of the following) All monitoring data and sampling frequencies meet permit requirements EJ (Compliant) All monitoring data and sampling frequencies do NOT meet permit requirements QX . (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 See attached letter TSS REMOVAL 95 % BOD REMOVAL 88% "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." Michael C. Peoples, Town Manager `': Permittee . g/1 U Signature 8 f PermitteelF Date ADDRESS: 155 North Main Street Cramerton NC 28032 Permit. Expiration Date: January31, 2005 Town of Cramerton, Wastewater Treatment Department, MODIFIED, MR-1/ Revised 8/00 July 27, 2005 W D. Rex C Regional W61 NCDENR', 610 East Ceri Dear R I have, weekly As besi A by P.E. Street, Suite 30 the 6/20 yS ti"Servic(;s*',*,,:,,.,.."';aspA . A 11 of our were developed "cooperat Gaurene Rhynez P E ;;:and our staff to i was too gh for our biomass to mel We have 6:.: restncted the-hailling to domestic se t" p,age temperatureslegin "* tosubside* late auRust. Cattei , in with ' I par4met rs f Ouly 2005 If you :have question's.,T)Iease call me at-70478257, 4 that time. in 155 North Main Street Cramerton, NC 28032 704/824-4337 Permit NC000603: A. (I.) EFFLUENT LIMITATIONS AND MONITORING RE<3UIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING RE9UIREMENTS Monthly: Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow 4.0 MGD Continuous Recording Effluent or Influent BOD, 5-day, 20°C 2 10.0 mg/L 15.0 mg/L Daily Composite Effluent & Influent Total Suspended Solids2 30.0 mg/L 45.0 mg/L Daily Composite Effluent & Influent Phenols Monthly Grab Effluent NH3 as N 4.0 mg/L 3 Daily Composite Effluent Total RQsidual Chlorine 28 p g/L4 Daily Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Daily Grab Effluent Dissolved Oxygen Daily Grab Effluent Temperature Daily Grab Effluent Conductivity Daily Grab Effluent pHs Daily Grab Effluent Total Nitrogen (NO2+NO3+TKN)6 No Limit (mg/L) No Limit (pounds/month) Annual Limit: 103,282 pounds/year6 Weekly Monthly Annually Composite Calculated Calculated Effluent Effluent Effluent Total Phosphorus 1.0 mg/L4 Weekly Composite Effluent Chronic Toxicity? Quarterly Composite Effluent Color8 I Monthly Composite Effluent Temperature 3/Week9 Grab U, D Dissolved Oxygen 3/Week9 Grab U, D Conductivity 3/Week9 Grab U, D Color (Summer)' Monthly Grab U, D Notes: 1. U: Upstream at Cramerton Bridge. D: Downstream at Upper Armstrong Bridge. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. Ammonia weekly average limit to be developed at.a later date; refer to Special Condition A (5). 4. Effluent limits for TRC and TP become effective January 1, 2005 based on the .projected construction completion date. However, monitoring requirements become effective -on the permit effective date. 5. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 6. Refer to Special Condition A (4) for Total Nitrogen Loading Calculations. 7. Chronic Toxicity (Ceriodaphnia) at 4.7%; March, June, September and December (see Special Condition A'(2)). 8. Refer to Special Condition A (3) for Color Monitoring Requirements. 9. Upstream/downstream samples shall be collected 3/Week (June -September) and 1/Week (October -May). (Summer) = April 1- October 31 (Winter) = November 1 - March 31 There shall be no discharge of floating solids or visible foam in other than trace amounts.- _ 11 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mallplece, 'or on the front if space permits. I. Article Addressed to: MR MICHAEL PEOPLE&, TOWN -t MANAGER. TOWNOF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 swp/rmb 11/15/05 � Agent Xjo E3 Addresse B. R ceiv.vjb'y-Pr1ntqqdN 'C. D' to of Deliver ux 4 D. Is'delivery address difft from item 1 ? 0 Yes If YES, enter deliveryd ess below: 11 No �eServic e Type Certified Mail 13 Express Mall El Registered El Return Receipt for Merchandise 0 Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7003 2"2 6 01 0 0 D .3492 7 1" ).q;:nrrriqR11 4n0909-0-KA-i- UNITED STATES POSTAL SERVIC`E`�" Postage & Fees Paid P m, Fbst o U PS S S Permit Permit No: G-10 o Sender: Please arne print yrou"r-Jri address, and ZlP44`ih ' jr NCDENR SURFACE -WATERT-ROTECT119F I 610 EAST-G ENTER AVE SUITE 301 i=MOORESVILLE N-C 281.15 I it Id, 111ril I lift[ ' Postage $ Certified Fee r3 t 3 Retum Redept Fee �\ (Endorsement Required) �4Q� M 0 3 Restricted Delivery Fee 0 (Endorsement Required) cai��1Y T r i To° MR MICHAEL PEOPLES, 1� 3 sent TOWN OF CRAMEMR -sve7 155 NORTH MAIN STREET ------------- or A CRAMERTON NC 28032 ------------- City% swp/rtnb 11/16/OS ;ertified (Nail Provides: (as�enea)zoozeunr'oose�odS I Amailing receipt I A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for two years nportant Reminders: I Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail I Certified Mail is not available for any class of international mail. i NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. I For an additional fee, a Retum Receipt may be requested to provide proof e delivery. To obtain Return Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i required. I For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mallpiece with th endorsement "RestrictedDelivery°. i If a postmark on the Certified Mail receipt is desired, please present the artl cle at the post office for postmarking. if a postmark on the Certified Me receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail addressed to APOs and Ms. ANA NCDENR.. North Carolina.. Department of Environment and Natural Resources Division of Water Quality . Michael F. Easley, Governor William G. Ross, Jr., Secretary November 16, 2005 Alan W. Klimek, P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Michael Peoples,. Town Manager Town of Cramerton 155' North Main Street Cramerton, NC 28032 7003 2260 00013492 7303 Subject: Notice, of Violation -Effluent Limitations Tracking #: NOV-2005-LV-0528 Town of Cramerton - Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County Dear Mr. Peoples: A review of the July 2005 self -monitoring report for the subject facility revealed a violation of the following parameter: Pine Parameter Reported Value Limit 001 pH 5.91 s.u. >6.0 - <9.0 s.u. 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 you have questions_ concerning this matter, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 On�e�1 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr,state.mus - NOl hCarofina An Equal Opportunity/Affirmative Action Employer 750% Recycled/10% Post Consumer Paper - ;Vaturallb, 0 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I Print your name and address on the reverse so that we can return the card to -you. I Attach this card to the back of the mailpiecej or on the front if space permits. I. Article Addressed to: MR MICHAEL PEOPLES, TOWN'MGR:'',_,. TOWN OF CRAMERTON 155 NORTH MAIN STREET xRTON NC 28032 -wp/Irrnb 11/16/05 A. SibA t XNa � kej�&qk� El Agent [I Addresse B. R elved by, t Pubta f Name) I C. Date of Deliver D. Is delivery address different from item 1 ? 11 Yes If YES, enter delivery address below: 13 No Service Type I Certified Mail, 13 Express Mail 11 Registered 0 Return Receipt for Merchandisi [] Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 11 Yes ..... .. .... 70;09-'E260:400*b1 3492;• 7303 UNITED STATES POSTAL SERVICE - First -Class Mail Postage & Fees Paid USPS Permit No. G-TO • Sender: Please print your name, address,,,and ZIP+4 in this box' a. NCDENR •. _.102 SURFACE�WATER PROTECTION 610 EAST-GEMAVE C' SUITE 301' �`�' C MOORESVILLS' NC 28115 .r Ulr� I,Il,ll,,l�„,il,I11111,IIIIIII,I,I,I,I'll "11111IIIIIIIIIIIJ Michael F. Easley, Governor �V v. William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Alan-W el(limek,'.P.`EyDiiecto�� Division of,VUater Qu MIL CSitl:Je�eov✓t) 1_ `•'.•.lii :;'th. 1' ICE Date: November 9, 2005 Craig D. Choquet NOV 1 0 200') 155 North Main Street Cramerton, NC 28032 Subject: Notice of Incomplete Discharge Monitoring Report NC0006033 ECYati. Dear Permittee. - - - 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 1611 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 Michele Phillips at 919-733-5083 Ext. 534. Thank you for your assistance in this matter. Sincerely, Alan W. Klimek, P.E. cc: s�VlootesilleRegionaLOff ce Central Files NorthCarolina oVatur'a!!y N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Internet: httpJ/h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/AHirmative Action Employer of WArFR % QG - Jamie Shytle . Town of Cramerton 155 N. Main Street Cramerton, NC 28032 Michael F. Easley, Governor William G.. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 19, 2005 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Eagle Road WWTP Permit Number: NC0006033 Case Number: LV-2003-0578 Gaston County Dear Ms. Shytle: Alan W. Klimek, P.E. Director Division of Water Quality L�LOW[ SEP NC DEN R MRO DWQ - A uifer. Protection This letter is to acknowledge receipt of check number 24086 in the amount of $335.04 received from you dated September 14, 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-2003-0578 rDWQ MO-Oresville-_Regional-:Office=Supervisor ( Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 oe NCarolina Natura!!y Postage $ 0 U Certified Fee Q Post Return Receipt Fee 2j t (Endorsement Required) 7 U Restricted Delivery Fee � (Endorsement Required) MR M. DAVID YOUNG, TOWN GERV �� rn TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 wq/rmb 8/27/03 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. • Certified Mail is not available for any class of international mail. s NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please..consider Insured or Registered Mail. ■ For an additional fee, 'a"Return Receipt may be requested to provide proof o delivery. To -obtain Return Receipt service, please complete and attach a Returr Receipt' PS For .3811) to the article and add applicable postage to cover thf fee. Endorse m ql .i0.re `Return Receipt Requested". To receive a fee waiver to a duplicate retuR, 6c ip , a LISPS postmark on your Certified Mail receipt is requ!reti. ,.,,l ■ For am additional fee, delivery may be restricted to the addressee o addressee% authorized agent. Advise the clerk or mark the mailpiece with tht endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. if a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. - PS Form 3800, January 2001 (Reverse) 102595-01-M-104! Vd A Michael F. Easl,-. Govano: ,_ Nz=:� `C August 27, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. M. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Young: William G. Ross Jr„ secretary North Carolina Department of Environment and Narural Resour res Alan W: Klimek, F. E„ Director Division ofWater.Qualiry Coleen H. Sullins Deputy Director Division of Wata Quality 7001 2510 0004 8287 6289 SUBJECT: Notice of Violation and -Assessment of Civil Penalty for Violations ofN.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0006033 Town of Cramerton Eagle.Road WWTP Case No. LV-2003-0578 .. _ ...... Gaston County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.04 ($500.00 civil penalty + $85.04 enforcement costs) against the Town of Cramerton. This assessment is based upon the following facts: A review has-been conducted of the discharge monitoring report (DMR) submitted by the Town of Cramerton for the month of May 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Cramerton violated the terms, conditions or requirements of NPDES Permit No. NC0006033 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 Town of Cramerton: Mooresville Regional Olfitx, 919 North Main Streit, Mooresville, North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663.6040 1-877-623-6748 $ 500.00 For 1 of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in .violation of the permit weekly average effluent limit for Biochemical Oxygen Demand. $ 500.00 $ 85.04 $ 585.04 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 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 (S) 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: (919) 733-2698 Facsimile: (919) 733-3478 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 oY u may wish to consider applyin for oraS,pecial Order by Consent. If you have = 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. (Dat�) /-?, a, kt --, , D. Rex 61 ason, P.E. Water Quality 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 Attachment A Town of Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Case Number LV-2003-0578 Limit Violations, May 2003 Monthly Average Limit Violations Parameter Reported Value Limit Biochemical Oxygen.Demand .25.25 * _15.0 * denotes assessment of civil penalty. Units - mg2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES. AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Cramerton ) PERMIT NO. NC0006033 ) FILE NO. LV-2003-0578 Having been assessed civil penalties totaling $585.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 27, 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-submittedto 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 2003 :• ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number. LV-2003-0578 Assessed Party: Town of Cramerton Permit No. (if applicable): NC0006033 County: Gaston Amount Assessed: $585.04 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.l(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental dan=e 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 (L 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: EFFLUENT ( I:=:5-S r-Kn4ii-N '. NC0005=i DISCHARGE NO. 001 MONTH: - Wiz%, YEAR: 2007. i .ACILITY N.AIJ-: -aale RoaB, %f0 .--P. CLASS: III COUNT`': GASTON OPERATOR IN RESPONSIBLE CHARGE: Thomas J. Sh%,be. Jr. GRAD- IV -r.TIFI-D !ABDRA T ORI-(1) Shealy-nvironmenta' Services Inc. ;1) - Sa (3) -nt•, _ CHECf; IF ORC HAS CHANGED SAMPLES COLLECTEDL Sl'=ACi-ITY STAFF %�"7- Date I % : - Mail ORIGINAL and ONE COPY te: ATTN: NC Div. Water Quality ✓SIuI�AT O- O ✓$Y THIS SIGNATURE, I CEPTTH:,.- 1617 Mail Service Center THIS REPORT IS ACCU^nATE AND COMPILETE TO THE S ST 0= Raleta . N-- 2769S-1617 h71' KNOWLEDGE. 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(.I.) EFFL ENT LIMITATIONS AND MONITORING REgUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LINIITATIONS MONITORING REgUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Locationl Flow 4.0 MGD Continuous Recording Effluent or Influent BOD, 5-day, 200C 2 10.0 mg/L 15.0 mg/L Daily Composite Effluent & Influent Total Suspended Solids2 30.0 mg/L 45.0 mg/L Daily Composite Effluent & Influent Phenols Monthly Grab Effluent NH3 as N 4.0 mg/L 3 Daily Composite Effluent Total Residual Chlorine 28 pgfL4 Daily Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Daily Grab Effluent Dissolved Oxygen Daily Grab Effluent Temperature Daily Grab Effluent Conductivi ty Daily Grab Effluent pHs Daily Grab Effluent Total Nitrogen (NO2+NO3+TKN)s No Limit (mg/L) No Limit (pounds/month) Annual Limit:103,282 poundslyears Weekly Monthly Annually Composite Calculated Calculated Effluent Effluent Effluent Total Phosphorus 1.0 mg1L4 Weekly Composite Effluent Chronic Toxicitf Quarterly Composite Effluent Colors Monthly Composite Effluent Fecal coliform 3/Week9 Grab U, D Temperature 3/Week9 Grab U, D Dissolved Oxygen 3/Week9 Grab U, D Conductivity 3/Week9 Grab U, D Color (Summer)e Monthly Grab U, D Notes: 1: U: Upstream at Cramerton Bridge. D: Downstream at Upper Armstrong Bridge. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. Ammonia weekly average limit to be developed at a later date; refer to Special Condition A (5). 4. Effluent limits for TRC and TP become effective January 1, 2005 based'on the projected construction completion date. However. monitoring requirements become effective on the permit effective date. 5. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 6. Refer to Special Condition A (4) for Total Nitrogen Loading Calculations. 7. Chronic Toxicity (Cerk daphnia) at 4.7%; March, June, September and December (see Special Condition A (2)). 8. Refer to Special. Condition A (3) for Color Monitoring Requirements. 9. Upstream/downstream samples shall be collected 3/Week (June -September) and 1/Week (October -May). (Summer) = April 1- October 31 (Winter) = November 1 - March 31 There shall be no discharge of floating solids or visible foam in other than trace amounts. ■ Complete items 1, 2, and 3. Also complete --._item 4 if Restricted Delivery is desired. Y Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR M. DAVID YOUNG, TOWN MANAGER TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERT.ON NC 28032 wq/rtnb 8/27/03 70011; t 25110_;000�4; :82 'S Form�38�1111`.fA tf2001'- { ' �' ;:6a.89; A. Sign ❑ Agent / ❑ AddresseE B. Received by (Printed Name) C ate of eliver� �S-6 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No g\S rvice Type �!1 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes ` E1 102595-01-M-251 UNITED STATES POSTAL SERVICE First-Class Mail 'Postage, 8, Fes Paid --uSPS­' 111 P.--rmit'ilin C-10--- p m, • Sender: Please prih,.yoyr name, address, and171P+4 in this —WQ DENR 1 919 NORTH MAIN STREET MOORESVILLE NC 28115 AUG 2' 9 2003 AND itwooriEsviux 0,EWLINAL OFM 2 CERTIFIED MAIL,. RECEIPT 'mestic maii owy; No insurance Coverage Provided) .1 i . ri F For delivery J ur website at www.usps.conle F•rmation visit 9 •9 L l USE Postage $ 3 certified Fee 3 3 Return Reclept Poe Pesbn (Endorsement Required) Here 3 Restricted Delivery Fee L j INN (Endorsement Required) C Tot y "II MICHAEL PEOPLES, TO sent WN MGR. TOWN OF CRAMERTON orF 155 NORTH MAIN STREET _ orF ----------- 154 CRAMERTON NC 28032 swp/rmb 5/12/05 Certified Mail Provides: (esranea)ZppZeun�'o uuo�S� ■ A mailing receipt pee ■ A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years 'mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail( ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mali. Fo valuables, please consider Insured or Registered Mail. ■ For an additional fee a Return Receipt may be requested to provide proof of delivery. To obtain Re'<um Receipt service, please complete and attach a Retun Receipt (PS Form 3811to the article and add applicable postage to cover the fee. Endorse mallpiece 'Return Receipt Requested". To receive a fee waiver foi a du ficate return receipt, a USPS® postmark on your Certified Mail receipt ie required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with thi endorsement "Restricted Delivery. ■ If a postmark on the Certified Mail receipt is desired, please present the artl cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present It when making an inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. VA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary May 12, 2005 Alan W. Klimek, P.E.. Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. -Michael Peoples, Town Manager Town of Cramerton 155'North Main:Street Cramerton,.NC.28032 Subject: Dear Mr. Peoples: 7003 2260 00013552 3290 Notice of Violation - EMuent Limitations Traclang #: NOV 2005-LV-0229 Town of Cramerton - Eagle Road WWTP NPDES Permit No. NC0006033 Gaston -County A review of the February 2005 self -monitoring report for the subject facility revealed violations of the following parameters: Pine Parameter Reported Value Limit 001 Total Residual Chlorine .20 violations (see below) 28 µg/L FIN - 001 Total Phosphorus 1.53 mg/L 1.0 mg/L FIN -On January 1, 2005, effluent limitations for Total Residual Chlorine (TRC) and Total Phosphorus became effective. During February 2005, there were 20 violations of the TRC daily maximum 'limitation, ranging from 270 µg/L-to 980 µg/L. 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 nroblems. and von anticipate remedial construction activities, then von 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 RMB Mooresville Regional Office 1�7Onee 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 lv Ol ffiCarohna Phone: 704-663-16991 Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us avah �ally An Equal Opportunity/AffirmativeAction Employer-50% Recycled/10% Post ConsumerPaper`/ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR MICHAEL PEOPLES, TOWN MGR. TOWN OF CRAMERTON 155 NORTH MAIN STREET CRAMERTON NC 28032 swp/rmb 5/12/05 A. X �'/ Agent GG 0— Addressei B. Received by Printed Name) C.Date of Deliver .713105 D. Is delivery address different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandis( ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. Articl� . i, r E R 2 a 2j � i B0 01 ? 3552 II �2 9 2► i dl 1,1 j i (rran. t!i f. 1 It iIl ti III i1 ii i ! 1 t tl; Ii ! PS Form 3411 i February 2004 i i i i i Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE_- -' \ First -Class Mail \\ Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, -and—ZIP+�'In i ' ox - I1'I"1 _mor NCDENR _ F SURFACE V AA ER PRCgECTION 610 EAST CENTER tAVFNUE ; SUITE 301��,, MOORESVILLE" IVC Q% ; ,115 'n M .1�3ar:r=�?� �tt�t�irr�rrrr�irrr��r�t,rrr�rtrir�r�rrrlfirir�rlrririrrrrllii F H A L Postage $ Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 1uku MS LUANN ELLIS, INTERIM TOWN MANAGER I 3 nt Tt TOWN OF CRAMERTON e 3 155 NORTH MAIN STREET ` 'Street' CRAMERTON NC 28032---------. orP01 swp/rmb 4/25/05 Certified Mail Provides: ■ A mailing receipt (esianaa)gooZeun r'oo9V110i 8� 0 A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class MaiI9 or Priority Malk ■ Certified Mali is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811? to the article and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt I; required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". ■ If a postmark on the Certified Mali receipt is desired, please present the arti. cle at the post office for postmarking. If a postmark on the Certified Mai receipt Is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. NCDENR. North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. LuAnn A. Ellis, Interim Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Ms. Ellis: April 25, 2005 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director 7003 2260 00013552 3085 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV 2005-LV-0209 Town of Cramerton - Eagle Road W WTP NPDES Permit No. NC0006033 Gaston County A review of the January 2005.self-monitoring report for the subject facility revealed violations of the following parameters: Pine Parameter Reported Value - Limit 001 Total Residual Chlorine 21 violations (see below) 28 µg/L FIN 001 Total Phosphorus 1.98 mg/L 1.0 mg/L FIN On January 1, 2005, effluent limitations for Total Residual Chlorine (TRC) and Total Phosphorus became effective. During January 2005, there were 21 violations of the TRC daily maximum Imitation, ranging from 370 µg/L to 1710 µg/L. 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, nd You anticipate_ remedial construction activities; then you may wish to consider appivine 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, Z). D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office 1�TOne 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 NOrthCarohna Phone: 704-663-16991 Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us a'� An Equal Opportunity/Affirmative Action Employer— 50% Recycled/l0% vhy�®�y Post Consumer Paper �/ L 6 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable -Catherine C. Young, Mayor - Town of Cramerton 155 N. Main Street Cramerton, North Carolina 28032-1425 Dear Mayor Young: Alan W. Klimek, P.E. Director Division of Water Quality tvC DEPT. OF =- SUBJECT: Offer and Acceptance For a State Loan Project No. CS370730-02. Cramerton, North Carolina As you were notified by letter from Governor Easley, the Town of Cramerton has been approved for loan assistance from the Water Pollution Control Revolving Fund in the amount of $3,000,000. This loan will assist the funding for upgrading the exiting WWTP to meet new effluent limits and other infrastructure and process upgrades. Enclosed are two (2) copies of an Offer and Acceptance Document extending a State Revolving loan in the amount of $3,000,000. This offer is made subject to the assurances and conditions set forth in the Offer and Acceptance Document. Upon executing the Offer and Acceptance Document, please submit the following items to the Construction Grants and Loans Section, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 within forty-five (45) days of receipt. A resolution adopted by the governing body accepting the loan offer and making the applicable assurances contained therein. (Sample copy attached) 2. One (1) copy of the original Offer and Acceptance Document executed by the authorized representative for the project. Retain the other copy for your files. Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 \ Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgl.net 1� An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nne orthCarolina Naturally The Honorable Catherine C. Young, Mayor March 21, 2005 Page 2 In accordance with G.S. 159-26(b)(6), a capital project fund is required to account for all debt instrument proceeds used to finance capital projects. It is required that a capital project ordinance, in accordance with G.S. 159-13.2, be adopted by the governing board authorizing all appropriations necessary for the completion of the project. A copy of the approved ordinance must be submitted to this office before requesting the first reimbursement request. In addition, the enclosed pay request form must be used for all reimbursement requests. You may make additional copies as needed. Also, enclosed is a copy of a memorandum requesting your Federal Identification Number. Please contact the State Auditors office for the compliance pertaining to the North Carolina Clean Water Revolving Loan and Grant Program. On behalf of the Department of Environment and Natural Resources, I am pleased to make this offer of State Revolving Loan funds made available by the North Carolina Clean Water Revolving Loan and Grant Act of 1997 and the Federal Clean Water Act Amendments of 1987. ST/sd Sincerely, olm R. Blowe, E., Chief Construction Grants &Loans Section Enclosures cc: Pease Associates Mooresville Regional Office Valerie Lancaster SRF ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 11 Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MS LUAIiII3fLLIS, INTERIM TOWN MANAGER " s3OWN OF CRAMERTON ;LESS NORTH MAIN STREET CRAMERTON NC 28032 swp/rmb 4/25/05 A. X B. Received by (Printed Name) C. Date of Deliver) `/- � 2-� D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 21 3%1 Qwvlce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7003 2260 0001 3552.3085 102595-02-M-154 UNITED STATES POSTAL SERVICE f First-Class. Mail Postage & Fees"'Paid USPS Permit No. G-10 • Sender: Please print,your name, address, and ZIP+4 in this box • c'� NCDENR SURFACE WA,I'ER PROTECTION '. N 610 EAST CENTER AVENUE _ '. cp SUITE 301 MOORESVILLE NC 28115 O •� �rr�r�trr�rrrr��rrr�'rir�rrr�rl'r�r�r�rrrf'�ir�r�r�rr�r�rr►r��r� W ArFR Michael F. Easley, Go a or William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources f Alan W. Klimek, P. E. Director Division of Water Quality December 3, 2004 Mr. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Compliance Biomonitoring Inspection Cramerton Eagle Road WWTP NPDES Permit No.NC0006033 Gaston County, NC Dear Mr. Young: Whole effluent toxicity samples were collected on November 16 and 19, 2004 by John Lesley and facility personnel for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass; however, due to the control organism failure to meet QA/QC criteria, this test was invalidated and could not be used for compliance judgement. Toxicity test information follows: . Test Type Test Concentration Test Result Control Survival Control Mean Reproduction Test Treatment Survival Treatment Mean Reproduction First Sample pH First Sample Conductivity First Sample Total Residual Chlorine Second Sample pH Second Sample Conductivity Second Sample Total Residual Chlorine WliCarolina Naturally 3-Brood Ceriodaphnia dubia. pass/fail 4.7 % PASS (INVALID) 100 % 13.6 neonates 75 % 8.2 neonates 6.89 SU 517 micromhos/cm <0.0052 mg/l 7.21 SU 1230 micromhos/cm <0.0052 mg/1 N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on the receiving stream. Should you have any questions regarding the test please contact Mr. Lesley of this Office. Sincerely, 2 D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Aquatic Toxicology Unit Central Files JL l Michael F. Easley, rl-..r 1 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 2, 2004 Mr. M. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Compliance Evaluation Inspection Cramerton/Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County, N.C. Dear Mr. Young: Alan W. Klimek. P. E., Director Division of Water Quality Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on October 28, 2004, by Mr. Wes Bell of this Office. The inspection was initiated based on several allegations of an anonymous complaint. The inspection revealed a properly operated and well maintained WWTP with none of the allegations being warranted. PIease inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Enclosure: cc: Sincerely, Sj D. Rex Gleason, P.E. \ Surface Water Protection Regional Supervisor Gaston County Health Department N. C Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C.20460 OMB No. 2040-0057 Water Compliance Inspection 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 u 2 31 NC0006033 I11 121 04/10/28 117 18IcI 19lgl 20Iu I u ,_—' u u Remarks 211111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIII I1166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA Reserved 67' 1.5 169 70 LJ 71 L`J 72 LJ 73 W 74 75I I I I 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) 10:00 AM 04/10/26 02/09/01 Eagle Road WWTP Exit Time/Date Permit Expiration Date 599 Eagle Rd Cramerton NC 28032 01:10 PM 04/10/28 05/01/31 Name(s) of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data Thomas J Shytle/ORC/704-825-7499/ Name, Address of Responsible Officialfritle/Phone and Fax Number M. David Young,155 N. Main Street Cramerton NC 28032/Town Contacted Yes Manager/704-824-4337/7048259049 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program E 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 Inspectorr(ss))Agency/Office/Phone and Fax Numbers Date Wesley N Bell (11�_ AX MRO WQ//704-663-1699/704-663-6040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699/704-663-6040 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Permit: NC0006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 10/28/04 Inspection Type: Compliance Evaluation Yac No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? S Is the facility as described in the permit? 0 0 Are there any special conditions for the permit? 0 0 N 0 Is access to the plant site restricted to the general public? ■ ❑ 0 13 Is.the inspector granted access to all areas for inspection? E 0 13 13 Comment: Xes 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? 0 0 Is the plant generally clean with acceptable housekeeping? ® 0 0 0 Comment: The ORC indicated that the railing around the clarifiers would be improved in the proposed WWfP upgrades. The facility appeared to be well maintained and properly operated. Bar Screens ye -No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? ■ 0 Is the screen free of excessive debris? 0 E3 Q Is disposal of screening in compliance? 0 0 0 0 Is the unit in good condition? 0 Comment: The mechanical bar is not operational; however, a new screening facility is included in the proposed WWTP upgrades. YQs No NA NE Secondary Clarifier Is the clarifier free of black and odorous wastewater? 0 13 El 0 Is the site free of excessive buildup of solids in center well of circular clarifier? Q Are weirs level? Q Is the site free of weir blockage? 0 0 Q Is the site free of evidence of short-circuiting? 0 0 0 0 Is scum removal adequate? ®0 13 0 Is the site free of excessive floating sludge? 13 0 0 Is the drive unit operational? ® Q 0 13 Is the sludge blanket level acceptable? 13 0 0 Is the return rate acceptable (low turbulence)? 0 0 Is the overflow clear of excessive solids/pin floc? 0 ❑ Is the surface free of bulking ? M Q 0 Q Comment: One of the clarifiers was not operational due to needed repairs; however, the second clarifier has adequate capacity. The facility staff must insure the stormwater runoff Is diverted away from entering the clarifiers. Yes No NA NE Aeration Basins Mode of operation Ext. Air Type of aeration system Surface Is the basin free of dead spots? 0 Q 13 Q Are surface aerators and mixers operational? 013130 Are the diffusers operational? 0 ® 0 Is the foam the proper color for the treatment process? 0 13 13 0 Does the foam cover less than 25% of the basin's surface? 0 0 Permit: NC0006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 10/28/04 . Inspection Type: Compliance Evaluation NE Aeration Basins Is the DO level acceptable? Yes No NA 0 El ❑ ❑ Are settleometer results acceptable? 0 ❑ ❑ ❑ Comment: e No NA Ye- NE. Disinfection Type of system ? Gas Are cylinders secured adequately? ®❑ ❑ Are cylinders protected from direct sunlight? ❑ 13 ❑ Is there adequate reserve supply of disinfectant? ®❑ 0 ❑ Is ventilation equipment operational? 0 0 ❑ 0 Is ventilation equipment properly located? 0 ❑ ❑ ❑ Is SCBA equipment available on site? ❑ ❑ ❑ 0 Is SCBA equipment operational? 0 0 0 0 Is staff trained is operating SCBA equipment? ❑ 13 ❑ 0 Is staff trained in emergency procedures? ❑ 11 Is an evacuation plan in place? 0 0 ❑ 0 Are tablet chlorinators operational? ❑ 0 0 ❑ Are the tablets the proper size and type? ❑ 0 ❑ Number of tubes in use? (Sodium Hypochlorite) Is pump feed system operational? ❑ ❑ 0 ❑ Is bulk storage tank containment area adequate? (free of leakslopen drains) ❑ ❑ 0 ❑ Is the level of chlorine residual acceptable? 0 ❑ ❑ ❑ Is there adequate detention time 0 ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? 0 ❑ ❑ ❑ Comment: Chlorination system improvements are included with the proposed WWTP upgrades. Ygs No NE Laboratory Are field parameters performed by certified personnel or laboratory? _NA 0 ❑ ❑ ❑ Are all other parameters(excluding field parameters) performed by a certified lab? 0 ❑ ❑ ❑ Is the facility using a contract lab? 0 ❑ ❑ 0 Are analytical results consistent with data reported on DMRs? 0 ❑ Q Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? 0 ❑ ❑ ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? 0 ❑ ❑ ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? 0 ❑ 0 ❑ Comment: laboratory analyses are performed under certification #174. The facility utilizes a currently unapproved method for the dissolved oxygen analyses. Mr. Chet Whiting (Division's Laboratory Certification Unit) will separately address this laboratory practice. Yes No NA NE Flow Measurement - Effluent Is flow meter used for reporting? 0 13 ❑ ❑ Is flow meter calibrated annually? 0 ❑ ❑ ❑ Is flow meter operating properly? ®0 ❑ 0 (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ 0 ❑ Comment: The flow meter is calibrated twice per year. Ken Nash Co. last calibrated the flow meter on 6122/04, Yes No NA NE R cow Are records kept and maintained as required by the permit? 0 0 1313 Permit: NCO006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 10/28/04 Inspection Type: Compliance Evaluation Record Keeping 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? Has the facility submitted its annual compliance report to users? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Is the facility description verified as contained in the NPDES permit? Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO, Sludge Judge, pH, and others that are applicable? N.0 ❑ ❑ ■ ❑ ❑ ❑ ❑❑❑■ ❑❑■❑ ®❑❑❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ 0000 N ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Records/Reports were well maintained. The facility incorporates a comprehensive process control program. All "less than" values should be properly reported and calculated (monthly averages) on the DMR. Yes No NA NE Influent Sam lino Is composite sampling flow proportional? v ❑ ❑ ❑ Is sample collected above side streams? i ❑ ❑ ❑ Is proper volume collected? N ❑ ❑ ❑ Is the tubing clean? ❑ ■ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ is sampling performed according to the permit? ❑ ❑ ❑ Comment: The ORC indicated that the tubing would be replaced. The ORC must insure that the preset number of gallons between the collection of composite samples (influent and effluent) does not exceed 1/24 of the total daily flow. Yes blg NA NE Effluent Sam la_ina Is composite sampling flow proportional? i ❑ ❑ - ❑ Is sample collected below all treatment units? 0 ❑ ❑ ❑ Is proper volume collected? 0 ❑ ❑ ❑ 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)? N 0 ❑ 0 Permit: NC0006033 Owner - Facility.: Town of Cramerton - Eagle Road WWTP Inspection Date: 10/28/04 Inspection Type: Compliance Evaluation Effluent garnl2linct Ygs No NA NE Comment: The ORC indicated the tubing would be replaced. DMRs were reviewed from December 03 through August 04. No limit violations were reported. No effluent fecal coliform was reported on 6118/04; however, the inspection verified a fecal coliiform sample was collected and analyzed. An amended DMR should be resubmitted. Upstream / Downstream Sam 12iM Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? M ❑ ❑ ❑ Comment: Aerobic Diaeger YaS No NA N Is the capacity adequate? ■ ❑ ❑ ❑ Is the mixing adequate? M ❑ ❑ ❑ Is the site free of excessive foaming in the tank? ■ ❑ ❑ ❑ Is the odor acceptable? ■ ❑ ❑ ❑ Comment; MMARi . Yes Na NA NE Is right of way.to the outfall properly maintained? ❑ ❑ ❑ Are receiving water free of solids and floatable wastewater materials? M ❑ ❑ ❑ Are the receiving waters free of solids / debris? 0 ❑ ❑ ❑ Are the receiving waters free of foam other than a trace? 0 ❑ ❑ ❑ Are the receiving waters free of sludge worms? 0 ❑ ❑ Q If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: The effluent appeared light brown with no floatable solids or foam. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor August 9, 2004 174 Mr. Jamie Shytle Town of Cramerton/ Eagle Road WTTP 155 North Main St. Cramerton, NC 28032 SUBJECT: Laboratory Certification Maintenance Inspection Dear Mr. Shytle: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Enclosed is a report for the inspection performed on July 15, 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. Meyeroratory Section Enclosure cc: Chet Whiting Mooresville Regional Office Laboratory Section 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 4405 Reddy Creek Road, Raleigh, North Carolina 27609 Phone: 919-733-3908 / FAX: 919-733-6241 / Internet: www.dwglab.org An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper NorthCarolina Naturally On -Site Inspection Report LABORATORY NAME: ADDRESS: CERTIFICATE NO: DATE OF INSPECTION: TYPE OF INSPECTION: EVALUATOR: City of Cramerton WWTP Laboratory 155 N. Main Street Cramerton, NC 28032 174 July 15, 2004 Maintenance Chet Whiting LOCAL PERSON(S) CONTACTED: Mr. Thomas J. Shytle 1. INTRODUCTION: . 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: The laboratory did a good job during this cycle. Improvements in overall documentation procedures were noted. No deficiencies were cited in the inspection report below. We are appreciative of the laboratory's efforts to implement comments and recommendations included in the last report. III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS,: A. COMMENT: The time the pH meter is calibrated is not documented. This is considered required supporting documentation in that it verifies that the meter was calibrated prior to sample analysis. REQUIREMENT: Document the calibration of the pH meter. Ref: 15a NCAC 2H .0805 (7) & (7) REQUIREMENT: The laboratory must document all relevant calibration information. If the information is not recorded, the laboratory has no means with which to prove that the calibration was actually performed. CONDUCTIVITY: B. COMMENT: The accuracy of the conductivity meter auto cell constant function is not verified annually. REQUIREMENT: Verify the accuracy of the conductivity meter auto cell constant function annually, and document. COMMENT: Verification of the cell constant and temperature compensator functions may be accomplished as follows: 1) Pour an adequate amount of standard into a beaker or other container and analyze at the current temperature. 2) Slightly raise or lower the temperature of the standard or buffer by: a) Placing the container in warm water or a 200 C incubator to raise temperature, then analyze. b) Placing the container in cool water or a refrigerator to lower temperature and analyze. There should not be a significant difference in the readings if the temperature compensation devices are working properly. Note: Extreme changes in temperature are not required, or desired 5 to 100 should be more than adequate. Note 2: Automatic cell constant and temperature compensation are directly connected for most conductivity instruments with this function. FECAL COLIFORM (MF): C. COMMENT: The Fecal consumable material testing was conducted as specified in the method however the number of colonies on the test plates were [<20 insufficient >60 too numerous] to produce useful comparison data. REQUIREMENT: Use sample or standard material that produces countable plates that better indicate the viability of materials. A 20 to 60 colony per plate range is recommended, but not required. NOTE: The most common problem that has been observed is materials that do not support, or inhibit colony growth. The test sample is insufficient when: 1) Too few colonies per plate are produced. For example, the difference between three and six colonies on two plates could be attributed to the natural variability in this biological test and would not be �a good determinate for material viability. 2) Plates with colonies too numerous to count may provide a rough visual survey that could be misleading. If there were a very noticeable difference the information could be used to indicate problems. A more subtle difference may be overlooked. The difference between 420 and 320 colonies may not be easily recognizable and potential inhibition problems might go undetected. TOTAL SUSPENDED SOLIDS: D. COMMENT: some additional items need to be added to laboratory tracking. Specifically filters used for TSS analysis. REQUIREMENT: Add consumable items to laboratory tracking procedure so that data can be referenced to vendor and lot information. NOTE: This procedure need not be very complicated. Most laboratories track incoming supplies in some sort of log. Consumables may be tracked adding the date items were put in service as well as received,,and opened. If a lot of pH buffer was put in service on a specific date it follows that it was used until the next lot was put in service or the lot number could be simply recorded on the bench sheet. E. COMMENT: Some TSS analyses did not have at least a 1 mg weight change on the filter but the results were calculated for a final result. REQUIREMENT: When analyzing samples for suspended residue, sufficient sample (maximum of 1 liter) must be filtered to yield at least 1.0 mg of residue on the filter. The size of a total suspended solid sample must be between 1 mg and 200 mg. Limit the sample size to that yielding no more than 200 mg of residue. Ref: Standard Methods, 18th Edition - Method 2540 D. Total Suspended Solids Dried at 103-1050 C section (3) c p2-56. REQUIREMENT: On those occasions additional volume should be filtered for this analysis, or the volume should be used to calculate a less than value using 1 mg as the final result. As an example 250 mis of sample with a less than 1 mg weight change in.the filter would yield a result of less than 4 mg/L. NOTE: The laboratory pointed out that a less than symbol used in the spreadsheet interferes with automatic calculations. The less than sign can be inserted manually on the printed DMR. The less than values are considered zeros when averaging. IV. PAPER TRAIL INVESTIGATION: At least six sets of data per certified parameter and three DMRs were reviewed with supporting documentation. No items other than those specified in the above report were observed. V.- CONCLUSIONS: Correcting the above cited comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all lettered comments. Report prepared by: Chet whiting Date: July 21, 2004 Michael F. Usley. Governor 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 Qualiv, February 25, 2004 Mr. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Compliance Biomonitoring Inspection Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Gaston County, NC Dear Mr. Young: Enclosed is a copy of the Compliance Biomonitoring Inspection Report for the inspection conducted at the subject facility on February 24, 2004 by Mr. John Lesley of this Office. The operation and maintenance of the facility are commendable. Please inform the facility's Operator -in - Responsible Charge of our findings by forwarding a copy of the enclosed report. Aquatic toxicity test results will be forwarded under separate cover when available. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Central Files Gaston County Health Department JL NorrhCarolina A� ju,� N1WM,r1z(1y NCDENR N. C. Division of Water Quality, Mooresville Resdonal Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-977-623-6748 United States Environmental Protection Agency, Washington, DC 20460 J,ptEO 87,�5. 5� A � NPDES Compliance Inspection Report AM1 - North Carolina Department of Environment and Natural Resources 7/ Division of Water Quality, Mooresville Regional Office NCDENR Form Approved OMB No. 2040-0003 Approval Expires 7/31 /85 Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NC0006033 04/02/24 B S 1 Inspection Work Days Facility Self -Monitoring Evaluation Rating BI QA ...........Reserved............ 3 3 N N Section B: Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 10:15 September 1, 2002 Town of Cramerton Eagle Road WWTP Exit Time: Permit Expiration Date: Eagle Road, Cramerton 1:10 Gaston County, North Carolina Date: January 31, 2005 04/02/24 Name(s) of On -Site Representatives ------- Title(s)-------- Phone No(s): Mr. Jamie Shytle / ORC / 704-825-7499 Mr. Eric Brackett / Backup Operator / 704-825-7499 Name and Address of Responsible Official: Title: Mr. M.D. Young Town Manager Town of Cramerton Phone No. Contacted? 155 North Main Street 704-824-4337 No Cramerton, North Carolina 28032 Section C: Areas Evaluated During Inspection Permit ® Flow Measurement • ® Operations & Maintenance ❑ Sewer Overflow ® Records/Reports ® Self -Monitoring Program ® Sludge Handling/Disposal ❑ Pollution Prevention ® Facility Site Review ❑ Compliance Schedules ❑ Pretreatment Program ❑ Multimedia ® Effluent/Receiving Waters ® Laboratory ❑ Stormwater ❑ Other: Section D: Summary of Findings/Comments See Attached Sheet(s) for Summary Aquatic toxicity test results will be forwarded under separate cover when available. Signature(s) of Inspector(s): Agency/Office/Telephone: Date: John Lesley DENR-DWQ/MRO/(704) 663-1699 FAX: (704) 663-6040 February 25, 2004 Signature of Reviewer: Agency/Office Date: Regulatory Office. Use Only Action Taken Date: Noncompliance Compliance EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete J Self -Monitoring Program: Self -monitoring reports were reviewed for the period December 2002 through November 2003. Violations were reported for the weekly average and monthly average BOD limitations in May 2003. No other violations were reported. Permit: NC0006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 02/24/04 Inspection Type: Bioassay Compliance Yes Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? No ❑ ❑ NA NF M ❑ Is the facility as described in the permit? SO ❑ ❑ Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment: rations &Maintenance Yes No NA N 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? so00 Comment: No guardrails around aeration basins or stormwater pond. The WWTP appeared to be very well maintained and operated. Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ M ❑ ❑ Is the screen free of excessive debris? ❑ ❑ ❑ Is disposal of screening in compliance? M ❑ ❑ Cl Is the unit in good condition? ❑ M ❑ ❑ Comment:The manual bar screen is rather old and in poor condition, and was originally designed for a textile plant The bar screen should be replaced with one that is more suitable for domestic wastewater. Secondary ClarjfleL Is the clarifier free of black and odorous wastewater? Yes No M ❑ NA ❑ N ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? 0 ❑ ❑ ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? M ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ❑ ❑ Is scum removal adequate? M❑ ❑ ❑ Is the site free of excessive floating sludge? M ❑ ❑ ❑ Is the drive unit operational? M ❑ ❑ ❑ Is the sludge blanket level acceptable? ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ❑ ❑ ❑ Is the surface free of bulking ? M ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NF Mode of operation rx-r PEPAT1104 Type of aeration system Is the basin free of dead spots? M❑ ❑ ❑ Are surface aerators and mixers operational? M❑ ❑ ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ❑ Page# 1 A C Permit: NC0006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 02/24/04 Inspection Type: Bioassay Compliance Aeration Basins Yes No NA N Does the foam cover less than 25% of the basin's surface? M ❑ ❑ ❑ Is the DO level acceptable? M ❑ ❑ ❑ Are settleometer results acceptable? 0 ❑ ❑ ❑ Comment: Disinfection Type of system ? Are cylinders secured adequately? Are cylinders protected from direct sunlight? Is there adequate reserve supply of disinfectant? Is ventilation equipment operational? Is ventilation equipment properly located? Is SCBA equipment available on site? Is SCBA equipment operational? Is staff trained is operating SCBA equipment? Is staff trained in emergency procedures? Is an evacuation plan in place? Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) Is the level of chlorine residual acceptable? Is there adequate detention time Is the contact chamber free of growth, or sludge buildup? Comment: Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters (excluding field parameters) performed by a certified lab? Is the facility using a contract lab? 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+/- 0.2degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment:BOD is not performed at the on -site lab Is flow meter used for reporting? Is flow meter calibrated annually? Is flow meter operating properly? (If units are separated) Does the chart recorder match the flow meter? Comment:Calibrated twice'per year. Last calibrated on 12/8/2003. ■ O O ❑ ■❑❑❑ ■ ❑ ❑ O ■ O ❑ ❑ ■ ❑ ❑ ❑ ■❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ O ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ Yes No, NA NF ❑ ❑ Cl ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ Yes No NA N ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ Page# 2 W Q Permit: NC0006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 02/24/04 Inspection Type: Bioassay Compliance Record Keening Are records kept and maintained as required by the permit? Yes No N ❑ NA ❑ NF ❑ Is all required information readily available, complete and current? E ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? N ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ 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? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? ❑ ❑ ❑ (If the facility is = or> 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ❑ Is the ORC visitation log available and current? ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? W ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? E ❑ ❑ ❑ 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 0❑ ❑ ❑ Judge, pH, and others that are applicable? Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Records/reports were very well organized and complete and up-to-date Influent Sampling ina Is composite sampling flow proportional? Yes No ❑ NA ❑ NF ❑ Is sample collected above side streams? ❑ ❑ ❑ Is proper volume collected? E ❑ ❑ ❑ Is the tubing clean? N❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? U ❑ ❑ ❑ Is sampling performed according to the permit? N ❑ ❑ ❑ Comment: Effluent Sampling Is composite sampling flow proportional? Yes No ❑ NA ❑ NIF ❑ Is sample collected below all treatment units? ❑ ❑ ❑ Is proper volume collected? 0❑ ❑ ❑ Is the tubing clean? ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? E❑ ❑ ❑ Page# 3 I Permit: NC0006033 Owner - Facility: Town of Cramerton - Eagle Road WWTP Inspection Date: 02/24/04 Inspection Type: Bioassay Compliance Effluent Samnlina Yes No NA NF Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ❑ ❑ ❑ Comment: Toxicity test results will be forwarded under separate cover when available. Upstream / Downstream Sampling Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? Yes No e ❑ NA ❑ N ❑ Comment: Effluent Pion Is right of way to the outfall properly maintained? Yes No M ❑ NA ❑ NIF ❑ Are receiving water free of solids and floatable wastewater materials? M ❑ ❑ Cl Are the receiving waters free of solids / debris? ❑ ❑ Cl Are the receiving waters free of foam other than a trace? ❑ ❑ ❑ Are the receiving waters. free of sludge worms? Cl ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ 0 Comment: Page# 4 3 TOWN OF est. 1921 February 6, 2004 The following information is provided to`the citizens of Cramerton asArequired m'the Federal Clean Water Act, of 1999 and North Carolina General Statute 143-215.1C The Town`of.Cramer' owns and operates the Eagle Road Wastewater Treatment Facility. It s located at 659 Eagle Road. The facility: is permitted through the National Pollution Discharge Elimination System to discharge up to3four million gallons of treated wastewater per day into the South Fork Catawba River. The permit number is NC0006033. The sanitary sewer collection system that conveys the untreated wastewater to our treatment facilities is also';permitted through the North Carolina Department of Environment and Natural Resources, DlvlsiomofWater Quality."The permit number is WQCS00058. During the calendar year 2003, the Eagle Road facilities reported two discharge violations of the permit. The first violation was reported.ogMay:23, 2003. This violation was caused by the severe flooding we experienced on that. date , and resulted in an overflow of an estimated 40,000 gallons of wastewater into the River. The wastewater.was'treated with granular sodium hypochlorite prior to discharge for pathogen control. The second violation ;was for the week of June 2, 2003. The reported violation was for: exceeding the weekly average..for.biochemical oxygen demand of 15.0 mg/L. The violation was a result of mechanical equipment •failures andno adverse effects were observed. - During the' calendar year 2003, the .Town of Cramerton had two reportable sanitary sewer overflows. A reportable overflow is one.that causes untreated wastewater to enter any receiving waters oft. State of North Carolina Both Viol ations.were reported on May 22, 2003 and were a result of overflouring manholes due to excessive flows.°.The ekcessive flows were a result of the severe flooding we experienced on that date. Additional,information. regarding the performance of our facility or collection system can be obtained by contacting'the Town Manager's Office at 704-824-4337 or;the Wastewater Department Superintendent at :.4 704-825-7499 ' General regulatory information may be obtained by contacting the NCDENR/DWQ at 704 669-1699 and referencing the above mentioned. permit numbers The Town of Cramerton Utility Department is committed fo providing the best water quality service possible to our citizens and commercial -cuatomers 'We will eontmue to uphold the`highest professional standards within our department and believe that sound envUorimental stewardship is the key to our success. 155 North Main Street .Cramerton, NC 28032 704/824-4337 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 M. David Young Town of Cramerton 155 NORTH MAIN STREET Cramerton, NC 28032 Dear Permittee: F? FAA Ilk 1 • 02 NORTh1ARO��1N�A DEP��unty0 " ; EN V I RO N N}ENl� BAN Doi I�ATUF2A'Lf F�ES�OU R��,�S December 11, 2003 r '.J SUBJECT: Renewal Application Requirements for Permit' NC0006033 K Eagle Road WWTP Your NPDES permit for a municipally owned/operated WWTP expires on January 31, 2005. This advance notice is being sent to explain the new requirements for your permit renewal application. You are receiving this advance notice 'because your facility has a permitted flow at or above 1 MGD, or your WWTP has a pretreatment program. If either of these criteria no longer apply to your facility, contact the NPDES 'Unit before submitting a renewal application. Federal (40 CFR 122) and state '(15A NCAC 2H.0105(e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. Your renewal application is due to the Division no later - than August 4, 2004. Failure to apply for renewal by the appropriate deadline may result in a civil penalty assessment or other enforcement activity at the discretion,of the Director. The U.S. EPA revised and expanded the application requirements for municipal permits, effective August 1, 2001. EPA forms 1 and 2A are attached to this Notice, and must be used for your permit renewal application. The new application requirements mandate additional effluent testing: 1. Conduct three Priority Pollutant Analyses (PPAs) and submit results with your renewal application. Collect samples for the PPAs in conjunction with sampling for your current quarterly toxicity test. The new PPA requirements differ from previous versions. Each PPA must include: ➢ Analyses for all total recoverable metals listed in Part D of form 2A. This includes metals that are not normally monitored through your NPDES permit. ➢ Analyses for total phenolic compounds and hardness. ➢ Analyses for all of the volatile organic compounds listed in Part D. ➢ Analyses for all of the acid -extractable compounds listed in Part D. ➢ Analyses for all base -neutral compounds listed in Part D. 2. Conduct four toxicity tests for an organism other than Ceriodaphnia and submit results with your renewal application. The tests should be conducted quarterly, with samples collected on the same day as your current toxicity test. Call the Aquatic Toxicology Unit at (919) 733-2136 for guidance in conducting the - additional tests. These additional analyses must accompany your permit renewal application, or any request for a major permit modification. The Division cannot draft your permit without the additional data. Any data submitted cannot be over 41/2 years old, and must account for seasonal variation (samples cannot be collected during the same season each year if collected over multiple years). 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT US ON THE INTERNET@http://h2o.enr.state.nc.us/NPDES charles.weaver@ncmail.net Renewal Notice for Permit NC0006033 Gaston County Page 2 If your permit already contains a requirement for an annual effluent pollutant scan, additional scans are not required [provided you have conducted at least 3 scans prior to submitting your application]. If any wastewater discharge will occur after the current permit expires, this NPDES permit must be renewed. Discharge of wastewater without a valid permit would violate Federal and North Carolina law. Unpermitted discharges of wastewater 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 Vanessa Manuel of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 532. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the checklist below to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of the previous page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files _ M66resvilleRegional Office, Water Quality Section NPDES File 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 issuance of 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 the Authorized Representative (see Part II.B.1 Lb 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. This information can be included in the cover letter. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 �� Cxa'�roN est 1921 Mr. D.Rex.:Gleasqn,-P,E, Water'... Quality Regional Supery , i NCf)t"WQI Mooresville , " 901�4orth�Mam , Street Moorpsyille, NQ1291J5 T :aie he,f,"hA aeration equipmenty; the 2,.Omg/L dete6ti vi consi er this s inf If V have,Iiuestioi need further S 2003 2003 'eferenced SEP 1 6 2003 WATER GA U ,LIT 11 SE TIPS - , -0137 33 effluent mation *nd, our past track `record and waive any. f orinai,i6n, cd1l,me at 704-825-7499 the 10 n n ii� 3r' �— +) �5t�, /7� 1� Postage $�% Certified Fee m U �s%CI) rk Return Receipt Fee S C r (Endorsement Required) 7 w` 7 Restricted Delivery Fee � (Endorsement Required) MR DAVID YOUNG, TOWN MANAGER •J TOWN OF CRAIv1ERTON 155 NORTH MAIN STREET CgpMERTON NC 28032 9/8/03 --------------------- wq/nnb - Certified Mail Provides: ■ A mailing receipt ■ A unique. identifier for your mailpiece ` ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified-Mail-is'not available for any class of international mail. W-NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables,.pldete consider Insured or Registered Mail. W;For an addPio`ri'fee, a Return Receipt may be requested to provide proof o -cleliv F$ ,T6 obtain Return Receipt service, please complete and attach a Returr ` Fiece PT, Form 3811)'to the article and add applicable postage to cover thr •• fee. En`Urse mailpiece 'Return Receipt Requested". To receive a fee waiver to a duplicate.return receipt, a USPS postmark on your Certified Mail receipt. I! required. . ■ For ah —addittbnal fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the,mailpiece with thi endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking: If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry..: PS Form 3800, January 2001 (Reverse) 102595-01-M-104! CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. M. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Young: Michael F. Easley, Governo - / William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 8, 2003 7001 2510 0004 8287 5985 Subject: Notice of Violation - Effluent Limitations Town of Cramerton — Eagle Road WWTP NPDES Permit No. NC0006033 NOV-2003-LV-0137 Gaston County Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality A review of the June 2003 self -'monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Biochemical Oxygen Demand 21.64 mg/L 15.0 mg/L FIN 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 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. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcment Unit Mooresville Regional Office. 919 North Main Street, North Carolina 28115 Phone 704-663-1699 Fax 704-663-6040 Customer Service 1-877-623-6748 0 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 0 Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MR DAVID YOUNG, TOWN MANAGER TOWN Off':CRAMERTON 155 NORTHMAIN STREET CRAIVMRTON NC 28032 wq/nub 9/8/03 A. 41 X 13 Agent El Addresse( B' Received by (Printed Ah.) C. D et flDe Deliver) ,I r,�ver) D. Is delivery address different from item 1? 11 'Yes If YES, enter delivery address below: 11 No 3. rvice Type � Certified Mail El Express Mail 13 Registered El Return Receipt for Merchandise EJ Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fee) 11 Yes Arl (Tr..._7 01 2510 0004 8287 5985 1 IS Form381 T. Auadst'20bl L 'Do6estic Rl.iutrr Rec61pt' 102595-01 -M-251 UNITED STATES POSTAL SER7First--C-I?sMa -s-I---- 7 -R-o5tag44-F6es-Paid V(� — Permit .-G 4 0—_ "I • -wSender: Please prntyOu,acdress,a=� YIP DIVISION OF WATER QUALITY..-' 919 NORTH MAIN STREET 'I,- MOORESVILLE NC 28115 L!,- Ytu N J, cxa�x°-FoN v POTW Director Copy; David Young, Town Mai D. Rex' Gleason; Moores lle, DQW .- Oe fwn 0-1 S 1�C� Mg®�BA�UFYP�- i'tQ �L OFFICF R.y t �s JUL WADE IpE�O1 18, 2003 155 North Main Street Cramerton, NC 28032 704/824-4337 TIT TOWN OF `��' CRAMEI�IDN est 1921 I have included ari"4ttA'chinehthat :::'gI collection system and punijpm&§tatu our r collection system lineis.� Mc-t4re's' picture 5,shbW§,the flooded chl6nine AND NATURAL RESOURCES LJOORESVIL17z Oc FFICE WAR 2 6 2003 '3;7":an& 8 show the flooded areas of wifi6 affected- pumping stations, and at the 'Eagle Road facility. We Will mark the -man-holos along the affected pipe line runs and pursue: funding to have them raised above the 100 years flood level. The flooded areas of the wastewater 155 North Main Street Cramerton, NC 28032 704/824-4337 treatment plant will be modified and raised during the facility upgrade scheduled for the Fall of 2003. If you have any questions, call 704-825-7499 Thank You Jamie Shytle Facilities Director Copy: M. David Young, Town Manager file a i' ... �.'€ )... � .-. i�', n►� .psi 1.�._� . 6..1,i""-'riaf/.�i'a I micnaei r. rasiey, uvvemVI S V0 KiC�•:K Mr. David Young Town of Cramerton 155 North Main St Cramerton, NC 28032 Subject: Dear Mr. Young: :.AUG 2 6 2002 William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality A C ?EPA. n� Ch;lr:^°air e,wi S EP 1 2 2002 Remission Request of Civil Penalty Assessment NPDES Permit Number NC0006033 Town of Cramerton (formerly Automotive) WWTP Gaston County Case Number LV 02-083 I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have decided to remit the entire civil penalty in the amount of $1,335.45 and hereby close our case number LV 02-083. Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from taking future enforcement action against the subject facility should additional violations occur. If you have any questions about this letter, please do not hesitate to contact Bob Sledge at (919) 733-5083, extension 547. Thank you for your cooperation in this matter. Sincerely, k4-'t— Alan W. Klimek, P.E. cc: Mooresville Regional Office Enforcement File Central Files Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919) 733-7016 Fax: (919) 733-9612 May 1, 2002 MEMO TO: Rex Gleason FROM: Richard Bridgemany� SUBJECT: Request for Remission of Civil Penalty Case No. LV 02-083 Town of Cramerton NPDES Permit No. NC0006033 Gaston County The Town of Cramerton was assessed a civil penalty of $1335.45, including $85.45 in enforcement costs, on 4/9/02, for violations occurring in 11/01. The case covers a Sulfides monthly average violation and one Sulfides daily maximum violation. �^ The remission request is based on the probability that the violations were the result of a laboratory error. PAR Laboratories has indicated that the NaOH solution used to preserve Sulfide samples was found to be a "bad batch", resulting in erroneously high results. It is the writer's opinion that a remission of civil penalties is justified. HAWPWIN\DOC\MEMO\CRAMERTN.RR 67 , Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality May 2, 2002 Mr. T. J. Shytle,' Jr. Town of Cramerton 155 North Main Street Cramerton, NC 28032 Subject: Remission Request of Civil Penalty Assessment Town of Cramerton WWTP NC DEPT. x,. MAY 0 6 2002 NPDES Permit Number NC0006033 Gaston County Case Number LV 02-083 Dear Mr. Shytle: The Division of Water Quality is in receipt of your 'request for remission of the civil penalty assessed in the matter of the case noted above. Unfortunately, we did not find a completed form waiving your right to an administrative hearing along with your letter when it arrived in this office. As this is a necessary part of the remission request, we respectfully ask that you complete the attached waiver form and return it to the attention of "Bob Sledge" at the letterhead address. Once the completed waiver form is received, we can continue with the processing of your request. Your request will be placed .on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact Bob Sledge.at (919) 733-5083, extension 547: Sincerely, S1 71- z hannon Langley, Supervisor Point Source Compliance/Enforcement Unit cc: Mooresville. Regiorial.Office wlattach ffients Central Files w/attachments Enforcement File w/3 attachments Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919) 733-7015 , STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. NC0006033 ) STIPULATION OF FACTS FILE NO. LV 02 - 083 Having been assessed civil penalties totaling $1,335.45 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of SIGNATURE ADDRESS TELEPHONE Year TOWN OF. est 1921 ' APR 2 6 2002 . April 2002 poi 'T $� :: r GLLUL/ly P cc: David Young/ Town Manager D: Rex Gleason/ NCDENR/DWQ/ Files w/ attachments 155 North Main Street Cramerton, NC 28032 704/824-4337 down of rtamettoa 155 North Main Street, Cramerton, North Carolina 28032 Attachment I Attn: Central Files NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 SUBJECT: NPDES NCO006033 Non-compliance for Sulfides November 2001 and December 2001 Our current NPDES permit requires us to sample one day per month for effluent sulfide. The permit limit is mass based at 13.6 lbs./day monthly average. On November Owe sampled, and the resulting analysis indicated 112.9 lbs./day. This indicated a. violation of the permit limit. Based on the facts that we have only one Significant Industrial User (SIU) in our pretreatment program, and the SIU contributes over seventy percent of our average daily flow, we contacted them to investigate the possible sulfide interference. On November 28'k the SIU sampled for sulfide in their discharge and the resulting analysis indicated 58.7 mg/L. The flow from the SIU for that period was 1,068,310 gallons. Standard calculations indicated a discharge of 523 lbs/day of sulfide. Both the Industry and the Town of Cramerton POTW uses the same contract laboratory for sulfide sampling and analysis On December I Vk we sampled the treatment plant effluent for sulfide and the analysis indicated 5.9 mg/l or 62.991bs/day. Again, this was a violation of the permit limit. At this point, we began to suspect that the Industry was slug loading the POTW, with sulfide or there was a procedural error with the sampling and analysis by the contract laboratory. On December 21 ", we contacted Mr. Jay Stewart who is the representative for the SIU and directed him to cease operation of the process(s) that were causing the sulfide interference. He was also required to provide the POTW director with a daily sampling report and update on his investigation into the sulfide problem. On December 26"' we received information from Mr. Stewart indicating an error in the analysis from the contract laboratory. We contacted Mr. Everett with Par Laboratories to verify and get an explanation for the errors. The letters from Mr. Everett are attached for your review. It seems that the reported data for sulfide is unreliable and therefore, cannot be used to report non-compliance status. In light of this information, we have curtailed the stringent monitoring requirements for sulfide by the SIU and removed them from notice. They will continue to monitor sulfides on a monthly basis and review best available technologies that employ the use of chemistry in the dyeing processes that will not inhibit or interfere with the POTW operations. We request that the non-compliance. reported on the November and December 2001 DMR's be removed for NPDES 4 NC0006033. If you have any questions, please call me at (704) 825-7499. Thank You Thomas J. Shytle, Jr. POTW Director, Town of Cramerton Copy: David Young, Town Manager John Leslie, DQW, Mooresville regional office WO -WIZ N" 114 P.2 ,� a n .11 , 2 0 0 2 c 4: 5 2 P M, FROM PAR LABORATtR I ES 1 70d58883 �M b Cc s ' �� PAR Laboratories, Inc. 2217 Graham Park Drive LaeouarORIE& INC. PO Box 411483 Charlotte, NC 28241-1483 Phone: 704588-8333; Fax-- 704-588-8335 om MC Cen # ZO-' SC Cent # 9900300 www.parkibs.com January 1, 2002 Jamie Shytle Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Jamie, I am writing this letter to follow up on our discussion of the recent sulfide results. We did some follow up testing for the industry, Eagle Mountain Finishing, and found that there is some issue in the sampling procedure. When samples were taken with both zinc acetate and sodium hydroxide in the container, the results were higher. When the samples were preserved with only 2N zinc acetate then the pH was adjusted to 9.0 or greater at the lab prior to analysis, the results were lower. We have had some discussions and done some checking and it seems that the problem was the result of a bad batch of the sodium hydroxide solution we were using to preserve the samples. The solution is typically made up in a 1 liter size and the batch we were using as a field preservative was quite old while the solution we use in the lab is usually made up on a weekly or bi-weekly basis. Because we were using the same batch of sodium hydroxide solution for your November and December sample containers, we believe those results may also be incorrect. We have since made a new batch of sodium hydroxide preservative and checked it for quality. In addition, we will be preparing fresh preservative each month to avoid. future occurrences of this sort. If you have any other questions, or 1 can be of further help, please feel free to call me. Sincerely, Russell M. Everett President 2002 E 4.: 52PM January 1.2002 FROM PAR L,ABq?ATtRIES 41 764555533t+ lib _ - 'Cie 61iIJ j 9 PAR Lcaborator.os. 1ne, r rY i�R l 51� 2217 Grasaro Park Aries - PO Boot Al 1483 JA/h)G VS1-4) Charlaft, NC 28211 _1 AS3 Phom: 70A5884M331 Fax- 70A.58683U ,� an � as 3C Grr s srornoor Bob Kaufman Eagle Mountain Finishing 293 12"' Street Cramcrton, NC 28032 Dear Bob, -1 am writing this letter to follow up on our discussion of your sulfido results. We ran 3 days of samples per your request, which showed higher amexpected results. We thin took one more sample the -following Monday that fell iDto your normal range. It appears that there is some issue�in the sampling procedure. When Samples were taken with both zinc acetate and sodium hydroxide: in the container. your results were higba. Wbcn the samples were preserved with only 2N zinc acetaw then the pH was adjusted to 9.0 or greater at the lab prior to analysis, your results were lower. We have had some -discussions anddgne some cbecldng and it seems that the problem was tht result of a bad batch of the sodium hydroxide solution we was using to pneerve the sample$. Because we were using the same batch of sodium hydroxide solution when we sampled on November 28, we believe the reported result of 58.7 ppm was also incortrct. We have since mado anew batch of sodium hy+&aoxiida preservahva Mvi rbex3md it for quality to avoid.. future occurrences of this sort. If you have any other questions, or I can be of further help, please feel free to call rue. Sincerely. Poo Russell M_ Everett President TOWN OFq%.. 117 Aff AND URAL 99 est. 1921 APR 1 9 2002 April 16, 2002' 5 ER VNI -Ms. Coleen Water Quality Section , ell - Division uN�ater Quality 1617 Mail-$ervice Center Raleigh, North Carojj#0 Dear M828ifflifi§ -7 tease lo. y the statement(s) or attdbhrqent(,, J. Shvtle4f. cc: David Young/ Town Manager D. Rex Gleason/ NCDENR/DWQ/ Mooresville Files w/ attachments ot the POTW 1119YO 155 North Main Street Cramerton, NC 28032 70.4/824-4337 down of f tameattcA 155 North Main Street, Cramerton, North Carolina 28032 Attachment I Attn: Central Files NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 SUBJECT: NPDES NC0006033 Non-compliance for Sulfides November_2001 and December 2001 Our current NPDES permit requires us to sample one day per month for effluent sulfide. The permit limit is mass based at 113.6 lbs./day monthly average. On November 1" we sampled, and the resulting analysis indicated 112.9 lbs./day. This indicated a violation of the permit limit. Based on the facts that we have only one Significant Industrial User (SILL) in our pretreatment program, and the SIU contributes over seventy percent of our average daily flow, we contacted them to investigate the possible sulfide interference. On November 28t1' the SIU sampled for sulfide in their discharge and the resulting analysis indicated 58.7 mg/L. The flow from the SIU for that period was 1,068,310 gallons. Standard calculations indicated a discharge of 523 lbs/day of sulfide. Both the Industry and the Town of Cramerton POTW uses the same contract laboratory for sulfide sampling and analysis On December 110' we sampled the treatment plant effluent for sulfide and the analysis indicated 5.9 mg/l or 62.99 lbs/day:.Again, this was a violation of the permit limit. At this point, we began to suspect that the Industry was slug loading the POTW with sulfide or there was a procedural error with the sampling and analysis by the contract laboratory. On December 21 s' we contacted Mi. Jay Stewart who is the representative for the SIU and directed him to cease operation of the process(s) that were causing the sulfide interference. He was also required to provide the POTW director with a daily sampling report and update on his investigation into the sulfide problem. On December 26'l' we received information from Mr. Stewart indicating an error in the analysis from the contract laboratory. We contacted Mr. Everett with Par Laboratories to verify and get an explanation for. the errors. The letters from Mr. Everett are attached for your review. It seems that the reported data for sulfide is unreliable and therefore, cannot be used to report non-compliance status. i In light of this information, we have curtailed the stringent monitoring requirements for sulfide by the SIU and removed them from notice. They will continue to monitor sulfides on a monthly basis and review best available technologies that employ the use of chemistry in the dyeing processes that will not inhibit or interfere with the P©TW operations. We request that the non-compliance reported on the November and December 2001 DAM's be removed for NPDES # NC0006033. If you have any questions, please call me at (704) 825-7499. Thank You Thomas J. Shyde, Jr. POTW Director, Town of Cramerton Copy. David Young, Town Manager John Leslie, DQW, Mooresville regional office f Vo•4bCj J d it 2002 c 4: 5 2 P FRC]i�i PAR LaBCiR.'a i pRI #1 7®d58883351�b C �,L7)J 3 9 N• ii- P.2 PAR Laboratories, Inc_ 2217 Graham Park Drive PO Box 411,483 Chariotte, NC 28241-1483 t Phone_ 704-588-8333; Fax_ 704-588-8335 NC Cert a 20: SC Cert # 99w-gwI January 1, 2002 Jamie Shytle Town of Cramerton 155 North Main Street Cramerton, NC 25032 Dear Jamie, I am writing this letter to follow up on our discussion of the recent sulfide results. We did some follow up testing for the industry, Eagle Mountain Finishing, and found that there is some issue in taie sampling procedure. When samples were taken with both zinc acetate and sodium hydroxide in the container, the results were higher- When the samples were preserved with only 2N zinc acetate then the pH was adjusted to 9.0 or greater at the lab prior to analysis, the results were lower. We have had some discussions and done some checking and it seems that the problem was the result of a bad batch of the sodium hydroxide solution we were using to preserve the samples. The solution is typically made up in a 1 liter size and the batch we were using as a held preservative was quite old while the solution we use in the lab is usually made up on a weekly or bi-weekly basis. Because we were using the sarne batch of sodium hydroxide solution for your November and December sample containers, we believe those results may also be incorrect. We have since made a new batch of sodium hydroxide preservative and checked it for quality. In addition, we will be preparing fresh preservative each month to avoid future occurrences of this sort. If you have any other questions, or I can be of further help, please feel free to call me. Sincerely, Russell M. Everett President H02e 4:57P January 1, 2002 . Fp lM pAR LAeGRATCR I ES :4 3 7pa1 8$3s5 IV U • 4 D [ 4 r • ire. P.2 f1ab C� PAR 8r�bar�a�cr"sus, Inc, 2217 Gra ern Perk 0&0 PO Soot Al 7482 Chariaft, NC 2S2A 1-; d33 Phone: 70-i.53G43=; F= 7CLd-568-3336 me C+rt'g 4242� 3C C,err 0, sscmat;or Bob Kaufman Eagle Mount n Finishing 293 22� Street Cramcrtoni, NC 28032 Dear Bob, .1 am writing this letter to follow up on our discussion of your sulfide results. We ran 3 days of samples per your request, which, showed higher than expected results. We then took one more sample thc-following Monday that fell into your norrnAi range. It appe=axs llsat thae is S tome issue ja the sling procedure. When a6agles wee taken with bogs xiuc acetate and sodium hydroxide in the contWzer. your results ewers high= Whcn the sarnples were prescxvcd with only 2N zinc acetae thcn the pH was adjusted to 9-0 or greater at the lab prior to analysis; Your results were lower. We have had some, discussions and dome sumac chccldng and it seems that the pmblc m was the result of a bad batch of the sodium hydroxide solution we eves® usinng to preserve the s=p.les. Because we were using the same batch of sodium ilydroxide solution when we sampled o November 28, we believe the sorted result of 59.7 ppm was also incOrrect. We have since. —►tie a new bateia of sodium Hydroxide pr-esOrvativ" and C.bec,keA i9 for quality to avoid. fuuire occurrences of this sort. If you have any oar questions, or I can he of further help, please feel free to call me. .�incercly, Russell M. Everest President r n D' 1 tom! I bail L U S Postage u Certified Fee $ N Return Receipt Fee dn (Endorsement Required) �!i,+ n'l��'PoHsere 3 Restricted Delivery Fee (EndorsementRequired) jJ To MR DAVID YOUNG, TOWN u sen TOWN OF CRAMERTON a sire 155 NORTH MAIN STREET ............. or CRAMERTON NC 28032 WQ �,ty •----------- Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your maiipiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years 'mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof o' delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse maiipiece 'Return Receipt Requested". To receive a fee waiver foi a duplicate return receipt, a USPS postmark on your Certified Mail receipt ie required. ■ For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ if a postmark on the Certified Mail receipt is desired, please present the anti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. �8 Form 3800, January 2001 (Reverse) 102595-01 -M-1 M eAT�RpG CO April 9, 2002c, o 0W6 CLfJ�f CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, NC 28032 Dear Mr. Young: v/ Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N:C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0006033 Town of Cramerton-Eagle Road WWTP Case No. LV 02-083 Gaston County, This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1335.45 ($1250.00 civil penalty + $85.45 enforcement costs) against the Town of Cramerton. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Cramerton for the month of November 2001. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0006033. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town_ of Cramerton violated the terms, conditions or requirements of NPDES Permit No. NC0006033 and North Carolina General 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 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 �ainst the Town of Cramerton: Customer Service Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1599 1 800 623-7748 Fax (704).663-6040 $ 16500, �, $ 85.45 $ JS For / of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0006033 ischarging waste into the waters of the State in violation of the permit monthly average effluent limit for Sulfides. For / of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0006033, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Sulfides. 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 Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented -in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not.a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. -Y (Date) ATTACHMENTS D. Rex Gleason, 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 Town of Cramerton NPDES Permit No. NC0006033 Case Number LV 02-083 Limit Violations, November 2001 Monthly Average'Limit Violations . Parameter Reported Value Limit Units Sulfides 112.9 * 13.6 lb/day Daily Maximum Limit Violations Parameter Reported Value Limit Units Sulfides 112.9 * 27.3 lb/day * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS The Town of Cramerton 1 PERMIT NO. NC0006033 ) FILE NO. LV 02-083 Having been assessed civil penalties totaling' for violation(s) as set forth in the assessment document of the Division of Water Quality dated the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Directorof 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 , 2002 TELEPHONE ' �. ENT ) JAN' 16 ?nn 7 - NMES PERNO. MC '205 to-o33 . 'j -- MIT DISCHARGENO.'Qn'l _�"-' MONTH AlQT—e nR CZ YEAR Zoo 1 FACILITY NAME A[TIP 2oAn W U,JTP CLASS_ T COUNY r��o� T )M GRADE PHONE7Q w • S ? �9 9. I CHARGE (ORC) OPERATOR.IN RESPONSIBLES CERTIFIED LABORATORIES (l) pan L&M (2) C�gp M. )-AS ;51 �Pr� Lo CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES o rs Mail ORIGINAL and ONE COPY to:: --- - 12 - 12 - ATTN: CENTRAL FILES DIV. OF ENVIRONhIE1VTAL MANAGEMENT x (SIolq'ATVRE TOR IN RESPONSIBLE CHARGE) DATE DEHNR BY THIS SIG I CERTIFY THAT THIS REPORT IS P.Q. BOX 29MS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 27626-OM5 ` DEM Form MR-1, (12/93) _ :'Facility Status: (Please.cbeck one of the following) All monitoring data and sampling frequencies meet g � g � Permt-regttttLments _{Y.�j� Y: -• OompIiant-- All monitoring data and sampling frequencies do NOT meet permit requirements . - :..Noncompliant , If the -facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., .and a.time table foi improvements'to be made. f le &AJ 0,j -t! /ol to l ter_ trni C51 C? LP Mh;q 1.C)64n- c l rcr K_ . 1-tym iTen lliai l A e.� ,A JD �EQUCsL�a Ta i2ey ►eW 0)y AJ4 10ro -dis a M wIM 2C Sut F t o-e Co,aGCiyl'r(�M;)g - "I certiry,.under penalty of law; that this document and all attachments were prepared under my direction or. supervision.in accordance 'witira 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." /4 . DAV / D o u'V E7a - Perrmmititt/ee t or' Signature or ermitter** / - Dated.=-r - Permittee Address Phone umber =-: - P - i ` ' ermit - N.�.�_ _Ezp Date PARAMETER CODES -- 00010 Temperature 00556 Oil & Grease 0.0951 -Total Fluoride '--- -'—' 01067 Nickel 50060.'Total 00076 Turbidity 00600 Total Nitrogen . 01002Total Arsenic --: 01077 .Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen - 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kieldhal _-- 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 BOD5 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 Susvended 00927 .Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Mat= 00940 Total Chloride 01051 Lead .50050 Flow - - - Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension.581 or 534. The monthly avergr fat.fppat coliform is to be reported;i a GEOMETRIC mean. Use only units designated in the repor fig facility�'si `ttfor%e�orttng aata ' ` - * ORCaniis visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B). - ..._ ^ -• -_-v .!ti --gin;!ani2_0j13­_ ._ '—If'signed by outer rmitter, delegati_om of sigsaatory suthority:must on file with the state per 15A NCAC 2B .0506 (b) �! - - _. .` "•lam. • � _.. . _ _ Y- Permit NC0006033 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING..REQUIREMENT-S Monthly Average Weekly - Average.. :Daily Maximum - :Measufeinent `Freguency Safn� le Type $ample - (:ocatiatil - Flow 4.0 MGD Continuous Recordin�g E or I BOD, 5-day, 202C 334.4 lb/day 668.8 lb/day Daily Composite E Total Suspended Solids 1,302 lb/day 2,604 lb/day Daily Composite E COD 5,189 lb/day 10,378 lb/day Weekly Composite E Sulfides 13.6lb/day 27.3 lb/day Monthly Grab E Total Chromium 6.8 lb/day 13.6 lb/day Monthly Composite E Phenols 0.7lb/day 21.0 u /l Monthly Grab E NH3 as N Monthly Composite . E Total Residual Chlorine Daily Grab E Fecal Coliform (geometric mean) 200/100 ml 4001100 ml I Daily+ Grab E, U+, D+ Temoerature2 Daily—, Grab E, U+, D+ Dissolved Oxygen 3/week+ Grab U+, D+ Conductivity 3/week+ Grab U+, D+ PHI Daily Grab E Total Nitrogen4 (NO2 + NO3 + TKN) Monthly Composite E Total Phosphorus4 Monthly Composite E Chronic Toxicity' Quarterly Composite E Footnotes: 1. Sample Locations: E- Effluent, I- Influent. U- Upstream at Cramerton Bridge, D- Downstream at Upper Armstrong Bridge, + = Stream samples shall be grab samples, and instream sampling (U,D) shall be conducted 3/Week during the months of June, July, August, and September, and 1 /Week during the remaining months of the year. 2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. See Part III, Condition F. 5. Chronic Toxicity (Ceriodaphnia) P/F at 4.7%; March, June, Sept. and December; See Part III, Condition E. There shall be no discharge of floating solids or visible foam in other than trace amounts. Fast Track Worksheet 'Case Number LV 02 I 083 Facility Name lAutomotive VWVTP Permit Number INCO006033 Previous Case Statutory Maximun $25,000 in the Last es per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = • 1 0 Z 03 0 40 05 6 1.00 L 1.00 xit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 2.50 Comments month = November 2001 repared by Richard Bridgeman ■ Complete items 1, 2, and 3. Also complete item 4 if Flestricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MR DAVID YOUNG, TOWN MANAGER TOWN OF CRAMERTON 155 NORTI MAIN STREET CRAMERTON NC 28032 WQ A. ❑ Agent B. Received by ( Printed Name) � I C. Date of D. Is delivery address different from item 1? L3-Ye: If YES, enter delivery address below: ❑ No Service Type El Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4 t V6 - 4. Restricted Delivery? (Extra Fee) ❑ Yes ?. Aj__ 7001 2;510 0005 0287. 64:59 ; „ ... • 3S Form,3811, August 2001 Domestic Return Receipt 102595-01-M-25c UNITED STATES POSTAL SERVICE P 1v First -Class Mail m-- _Postage-& Fees Eaid -- USPS- .�_�_ ` Permit -No (a 10 • Sender: Please pri,VydurtriAm`6;)address, and_ZlP_ DENR WATER QUALITY SECTION 919 NORTH MAIN STREET MOORESVILLE NC 28111 „ .ay omi fa �tt�t��tt�[t a ��ft!��t t ttt ! ttl�tt�t�!t�t�ttttl��t�tt�!t�ti 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 August 26, 2002 Mr. David Young, Town Manager Town of Cramerton 155 North Main Street Cramerton, North Carolina 28032 Subject: Compliance Evaluation Inspection Cramerton Eagle Road WWTP NPDES Permit'No. NC0006033 Gaston County, NC Dear Mr. Young: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 22, 2002 by Mr. John Lesley of this Office. The operation and maintenance of the facility are commendable. Please inform the facility's Operator -in - Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at (704) 663-1699. Sincerely, D. Rex Gleason, -P.E. Water Quality Regional Supervisor . Enclosure cc: Central Files Gaston County Health Department N. CCDE N..C. Division of Water Quality 919 North Main Street, Mooresville NC 28115 Phone (704) 663-1699 FAX (704) 663-6040 United States Environmental Protection Agency, Washington, DC 20460 2•°` A s NPDES Compliance Inspection Report T:-X wg North Carolina Department of Environment and Natural Resources �. �.�7-4, Division of Water Quality, Mooresville Regional Office NCDENR Form Approved OMB No. 2040-0003 Approval Expires 7/31/85 ,:Section :A: National Data''$ stem'Codin Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NC0006033 02/08/22 C S 1 Inspection Work Days Facility Self -Monitoring Evaluation Rating BI QA ...........Reserved............ 3 3 N N 'Section 13: Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 10:15 March 29, 2000 Town of Cramerton Eagle Road WWTP Exit Time: Eagle Road, Cramerton 1:10 Permit Expiration Date: Gaston County, North Carolina Date: September 30, 2001 02/08/22 Name(s) of On -Site Representatives ------Titles) Phone No(s): Mr. Jamie Shytle / ORC / 704-825-7499 Mr. Eric Brackett / Operator/ 704-825-7499 Name and Address of Responsible Official: Title: Mr. M.D. Young Town Manager y Town of Cramerton Phone No. Contacted? 155 North Main Street 704-824-4337 No Cramerton, North Carolina 28032 'Section C: Areas rEvaluated'.:Durin :Ins ection Permit ® Flow Measurement ® Operations & Maintenance, ❑ Sewer Overflow ® Records/Reports ® Self -Monitoring Program ® Sludge Handling/Disposal ❑ Pollution Prevention ® Facility Site Review ❑ Compliance Schedules ® Pretreatment Program ❑ Multimedia ® Effluent/Receiving Waters ® Laboratory ❑ Stormwater ❑ Other: -Section.,D::Summary of-Yindings/Comments See Attached Sheet(s) for Summary Aquatic toxicity test results will be forwarded under separate cover when available. Signature(s) of Inspector Agency/Office/Telephone: Date: r John Lesle f DENR-DWQ/MRO/(704) 663-1699 FAX: (704) 663-6040 August 23, 2002 Signature of Reviewer: Agency/Office Date: .,Regulatory° Off ".Use,Only Action Taken Date: Noncompliance Compliance EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete Town of Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Page 2 John Lesley last inspected the facility on October 30, 2001. Permit: The permitted facility is a 4.0 MGD extended aeration wastewater treatment system consisting of a mechanical bar screen, pH control, flow equalization basin with mechanical aeration, aeration basin with mechanical aeration, dual secondary clarifiers, RAS pump station, gas chlorine disinfection, chlorine contact chamber, aerobic digesters, sludge drying beds, sludge belt press, and ultra sonic flow meter. The renewed permit was issued on July 26, 2002 with an effective date of September 1, 2002. The permit expires on January 31, 2005. Facility Site Review/Operations and Maintenance: The facility is staffed by an ORC, who has a Grade IV Certification, and an appropriately certified backup ORC. The WWTP is a former industrial facility with antiquated equipment. The Town has plans to construct a biological -nutrient -removal (BNR) wastewater treatment system at the site in two phases. The WWTP staff has been diligent in operating the facility to achieve optimum treatment capabilities in spite of equipment problems. A process control program (consisting of mixed liquor suspended solids, sludge depth, pH, settleable solids, and dissolved oxygen measurements) is utilized daily at the facility. The bar screen (designed to be a mechanical bar screen) is being cleaned manually. In addition, the screen is designed as a "rough screen" used to catch large rags from the industrial user and is insufficient for use in a domestic WWTP. The bar screen is to be replaced with a more efficient type of screening device in phase I of the construction. The platform aerators in the aeration basin have been replaced with floating mechanical aerators to allow for better mixing and oxygen transfer in the basin. Sludge drying beds are used for dewatering digested sludge. The facility has a belt press that is not in use (see the Sludge Disposal Section of this report). Records/Reports: Records and reports consist of flow charts, monthly monitoring reports, laboratory analysis reports, maintenance and operations logs, calibration logs, process control data, and an ORC log. All records are maintained in accordance with NPDES Permit requirements. Self -Monitoring Program: Monthly monitoring reports were reviewed for the period July 2001 through June 2002. One daily maximum sulfides limit violation was reported in November 2001 and one toxicity test failure was reported in September 2001. Notices of violation were sent for the violations. Samples are collected proportional to flow and maintained at <4°C during collection and storage. Town of Cramerton Eagle Road WWTP NPDES Permit No. NC0006033 Page 3 Laboratory: The on -site lab (Certificate No. 174) conducts pH, conductivity, and temperature measurements and total suspended solids testing. PAR Labs (Certificate No. 020) performs nutrients analyses and BOD, and fecal coliform testing. ETT Environmental conducts aquatic toxicity testing. The on -site laboratory appeared to be spacious and well organized. Chet Whiting of the Division's Laboratory Section conducted a Laboratory_ Certification Maintenance Inspection on April 30, 2002. Sludge Disposal: Sludge -is dried on sludge drying beds and stored on site. The facility takes dried sludge to the Gaston County Landfill for disposal as needed. The Town also holds Land Application Permit No. WQ0002618 but has not land applied sludge. Pretreatment Program: The Town is the process of developing an approved Industrial Pretreatment Program. The facility receives flow from one significant industrial user (SIU), Mastercraft Fabrics, LLC. The Town's sewer use ordinance, industrial waste survey, short-term monitoring plan, and headworks analysis have been approved by the Division. An.Industrial User Permit (1UP) has been issued with interim limits for four months. An IUP compliance schedule is included based upon proposed nutrient limits and construction of the BNR wastewater treatment system. The SIU was inspected on October 25, 2001. Effluent/Receiving Water: The effluent discharge was brown -red in color with no visible suspended solids or foam. The facility discharges to the South Fork Catawba River (7Q10 of 125.0, IWC = 4.7%).in the Catawba River Basin (CTB36). The receiving stream was not evaluated. WA7' 4Z Q . �O G� � r -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-24, 2002 174 Mr. Jamie Shytle Town of Cramerton/ Eagle Road WTTP 155 North Main St. Cramerton, .NC 28032 SUBJECT: Laboratory Certification Maintenance Inspection Dear Mr. Shytle: Enclosed is a report for the inspection performed on April 30, 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 f/ GIMW NCDENR . Laboratory Section N. C. Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 (919) 733-3908 Fax: (919) 733-6241 Internet: dwglab.org Customer Service 1-800-623-7748 ON -SITE INSPECTION REPORT Laboratory Name: City of Cramerton WWTP Lab Laboratory Address:- 155 N: Main Street Cramerton, NC 28032 Laboratory Cert. Number: 174 Inspection Type: Maintenance Inspection Date: April 30, 2002 Inspector(s): Chet Whiting Local Contact Person(s): Mr. Thomas J. Shytle I. INTRODUCTION: 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: A. COMMENT: It is strongly recommended that each bench sheet reference the appropriate analytical procedure. For example : TSS Standard Methods 18t' Edition 2540 D, or TSS EPA Method 160.2. B. COMMENT: Thermometer calibrations were due at the time of the audit. Please submit a copy with the response to this report. FRCAL COLIFORM (MF): C. COMMENT: No comparison test is conducted before 'a new lot of consumables are put into use. REQUIREMENT: It is required that when a new lot of culture medium, pads, or membrane filters is to be used, a comparison of the current lot in use, (reference lot) against the new lot (test lot), be made. As a minimum, make single analyses on five positive samples. Ref: Standard Methods, 18th Edition - Method 9020 B.3d.(page 9-7) 1. DEFICIENCY: Residual chlorine check is not documented. City of Cramerton Eagle Road facility Audit 2 REQUIREMENT: Document residual chlorine checks. If samples are positive for chlorine obtain another sample. Ref: 15a NCAC 2H .0805 (a) (7) & (7) (A). COMMENT: In order to avoid contamination this check may be performed at the time of analysis using chlorine test strips. Do not. dip the test strip in the sample container, test a small amount if the sample in the sample cap or other container. COMMENT: It is strongly recommended that the laboratory analyze a culture positive as part of the quality control procedure for this method. We recommend that at least one CP (Culture Positive) be analyzed each week. The CP needs to produce distinct colonies of sufficient number to allow proper monitoring of analytical criteria. If you have questions regarding this procedure do not hesitate in contacting this office for assistance. D. COMMENT (Stream): Additional sample volume(s) need to be analyzed to ensure the best chance of.producing plates within the optimum counting range. Filtration ranges were discussed at the audit that might help account for the wide variability of stream results. CHEMICAL OXYGEN DEMAND: COMMENT: This parameter is no longer required on the plants NPDES permit and the laboratory discussed -discontinuing COD certification. COMMENT: If the laboratory wishes to discontinue certification for this parameter, please include a drop request in the response to this report. If however, the laboratory continues certification for this parameter the following items must be addressed in the corrective action response to this report: • The internal curve of the spectrophotometer must be verified on an annual basis with at least five points that bracket the expected sample concentration range. One of these standards must be at the laboratories reporting limit. , • The temperature of the COD reactor must be documented each day it is used • A second source standard (LCS) must be analyzed with each day samples are analyzed. All of the above information must be documented. RESIDUAL CHLORINE: 2. DEFICIENCY: The laboratory does not analyze a second source LCS each day samples are analyzed. REQUIREMENT: 15A NCAC 2H .0805 (a) (7) (B) states in part: "analyze one known standard in addition to calibration standards each day samples are analyzed to document accuracy". COMMENT: The laboratory may purchase a known LCS, or prepare an LCS using a standard from a different vendor, or a different lot number from the same vendor. City of Cramerton Eagle Road facility Audit 3 DATA REVIEW: The data review included data and DMRs for January,, February, and March 2002 as well as supporting documentation and annual and quarterly requirements. E. , COMMENT: Fecal Coliform March 21, 2002: 5 ml dilution 24 colonies, 10 ml dilution 43 colonies. 430 reported value. Both counts are within optimum range and an average value of 455 should have been reported. A similar minor counting error was observed on an upstream sample 5 mis yielded 21 colonies, 10 mis yielded 46 colonies and 460 FCU/100mis was reported. An average value of 440 should have been reported. Please review the counting instructions issued by this office. F. COMMENT: Conductivity Downstream March 13, 2002: 2 umhos/CM reported on the DMR. Lab data indicates a value of 168 umhos/cm. Please amend and resubmit the DMR with the correct result. IV. CONCLUSION: The laboratory does a good job overall. Generally deficiencies observed were minor and infrequent. A few systematic errors were observed. Most of the deficiencies can be corrected by fine tuning laboratory documentation. All deficiencies from the previous audit were corrected. Laboratory personnel were professional and courteous throughout the audit process. Many improvements in documentation were observed. Correctingthe 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. Report prepared by Chet Whiting June 4, 2002 STATE OF NORTH CAROLINA EVALUATION OF ENVIRONMENTAL LABORATORY AUDIT To improve our service to you and to maintain the quality of the laboratory inspection process, we request that you complete the following evaluation. Since your comments are important to us, please use the reverse side of this form to discuss issues not addressed in the items listed below. Please return this form within five (5) days of this audit. Completing and returning this form is voluntary. Please return this evaluation to: James W. Meyer EHNR/DWQ Chemistry Laboratory 4405 Reedy Creek Road Raleigh, NC 27607-6445 Certification Officer's Name: Chet Whiting Inspection Date: April 30, 2002 r_i i _.... ..... � In ,.,+- —=I0 w4 a}, 1— n nnri 1 n= areal lank ITEW Disagree Neutral Agree,: -` 1>23 45 6 789'10 i ; �y ., contacted you ou in advance for your audit 1. The certification officerems. o and answered your questions. 2. The certification officer arrived on time and at the agreed place. 3. The certification officer's dress and appearance were professional and business like. 4. The certification officer's questions and comments were pertinent to laboratory operations and inspection. 5. The certification officer interacted with your staff in a courteous and professional manner. 6. The audit results were summarized in an exit interview following the survey. 7. Correcting the deficiencies noted in the audit results will improve your laboratory's operations and data quality. B. The certification officer's comments have been/will be helpful to your laboratory staff and laboratory operations. 9. The N.C. Environmental Laboratory Certification Program is beneficial to your laboratory's analytical performance. ON A SCALE OF 1 TO 10 (WITH 10 = EXCELLENT) PLEASE RATE NORTH CAROLINA'S ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM ON A SCALE OF 1 TO 10 (WITH 10 = EXCELLENT) PLEASE RATE your certification officer Laboratory Name City of Cramerton Eagle Road facility Date: Signature( Optional) PLEASE USE THE BACK OF THIS FORM FOR ANY ADDITIONAL COMMENTS THAT YOU MAY HAVE CONCERNING THIS PROGRAM OR THE CERTIFICATION OFFICER. 1Y' State of North Carolina -Department of Environment, Healtp and Natural Resources Division of Water Quality y�yt� James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Pt NA'l,UPAL REMOUxc- March 10, 1997 MAR p, 1 1997 MR. JAMES DANSEY COLLINS & AIKMAN PRODUCTS CO. CRAMERTON AUTO PARTS, L.P. P;lsEe+ALE P,ii-fOA iL OHM PO BOX 279 CRAMERTON, NORTH CAROLINA 28032 Subject: Application No. WQ0002618 Cramerton Auto.Products, L.P. Name Change Gaston County Dear MR. DANSEY: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials on March 10, 1997. This application has been assigned the number listed above. Your project has been assigned to Randy Kepler for a detailed engineering review. Should there be any questions concerning your project, the reviewer will contact you with a request for additional 1 information. ,eatware that the Division's regional office, copied below, must provide recommendations from the � U Ral Supervisor or a Procedure Four Evaluation for this project, prior to final action by the _sDliNvvislon. If you have any questions, please contact Randy Kepler at (919) 733-5083 extension 544. If the engineer is unavailable, you may leave a message on their voice mail and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. Sincerely, S llins, P.E. Supervisor, Permits & Engineering Unit cc: M mre ,i � l e al�®1 �e '� _ 1+�115 t 5 A o�AM� CN ,� c1C . �i LCAS c Coin ►n C N - Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer DEM-P g E Fax:919-733-0719 Feb 10 '9-e 1b:U6 r.ul�us State of North Carolina IL Department of Environment, Health and Natural Resources 4 • Division of Water Quality . James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary. ED E H N Fot A. Preston Howard, Jr., P.E., Director WATER QUAuxy SECTION pERMTT NAME/OWNERSHIP CHANGE EQBM— ATIOhL- permit Number. NC/ W/A/ D '0 1. Permit holder's name 2. Permit's signing official's name and title: C' Lee, Ms Y. W G l 1 (Person legally responsible for permit) (Title) -t o, -6a7R city: C- Mew 4ari s. Mailing address. � state:' N C. zip Code: a ga3 phone: c7oY) gas- 7<D 5 II. NE iN DWNER/NAM INFO M� A'I'lOW 1. - This request for a name change is a result of - a. Change in ownership of property/company b. Name change only c. Other (please explain) 2_ New owner's Warne (name to be put on permit): CD► i nS '�'►' k wl an 3. New owner's or sighing official's name and title: Chess IMF x ll (Person legally rnesponnsible forpermit) (Title) 4. Mailing address: o, 1OX arli city C g Sb+� N C Zip Code:. 211D 32 Phone: (r10`i Sas- so.S P.O. Box 29535, Raleigh, North Carolina 2-7626.OM Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled./ lo% Post -consumer. paper a M. O R' rn G CD— " WZV-6 VL A" vm iive- DEM-P 8 E Fax:919-733-0719 Feb 10 '97 16:08 P.03/03 PERM NAME / 4WNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE TNCLUDED WITH THE SUBMITTAL REQLJIRED ITEMS: 1. This completed application 2. Processing fee of $100.00 .(Checks to be made payable to DEHNR) ., . 3. Legal documentation of the transfer of.ownership.(such.as a contract, deed, articles of incorporation) Certification must be completed and signed by both the current permit holder and the and new applicant in the case of change of ownership change. sign the application certification. Current Permittee's Certification: I attest -that this. application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application_ package will be returned as incomplete. Signature: Date: Applicant's Certification: I `ti �� .t attest that this application for a namef o ership a has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all requir parts of this application are not completed and that if all required suppo information and attachments are not included;. this application pe wil fumed as :incomplete. � ���✓ice — THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEHNR, Division of Water Quality Water Quality Section, Permits and Engineering Unit P. O. Box 29535 Raleigh, North Carolina 27626-6335 0161718.05 EQUITY.PURCHASE AGREEMENT THIS EQUITY PURCHASE AGREEMENT (the "Agreement") is made and entered into as of August 28, 1996, by and among JPSGP INC., a Delaware corporation ("JPSGP"), FOAMEX-JPS AUTOMOTIVE L.P., a Delaware limited partnership ("FJPS" and, together with JPSGP, "Sellers"), and COLLINS & AIKMAN PRODUCTS CO., a Delaware corporation '("Purchaser"). PRELIMINARY STATEMENT WHEREAS, JPSGP owns a to general partnership interest (the "GP Interest") in JPS Automotive L.P. (the "Company"); WHEREAS, FJPS owns a 990 limited partnership interest in the Company (the "LP Interest" and, together with the GP Interest, the "Equity"); and WHEREAS, Purchaser desires to purchase the Equity from Sellers, and Sellers desire to sell the Equity to Purchaser, in each case upon the terms and subject to the conditionsset forth in this Agreement; NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I. DEFINITIONS Section I.I. Definitions. In addition to the terms defined elsewhere herein, the terms defined in the introductory paragraph and the Recitals to this Agreement shall have the respective meanings specified therein, and the following terms shall have the meanings specified below when used herein with initial capital letters: "Adjusted Net Assets" means as of any date the excess of the total assets of the Company and its Subsidiaries (excluding cash and cash equivalents) over the total liabilities of the Company and its Subsidiaries (excluding Indebtedness) and minority interests as reflected in a balance sheet prepared in accordance with this Agreement. In calculating Closing Date Adjusted Net Assets, there shall be no reduction in "Minority Interest" for any distributions made to the minority partner in Cramerton since the Interim Balance Sheet Date with respect to the amount of taxes paid or to be paid by such partner on account of the income of Cramerton. "Adjustment Report" has the meaning set forth in Section 2.3 (a) . 0161718.05 IN WITNESS WHEREOF, Sellers and Purchaser have executed and delivered this Agreement as of the day and year first written above. SELLERS: FOAMEX-JPS AUTOMOTIVE L.P. BY: FJGP, Inc. Its: General Partner BY: /s/ Philip N. Smith, Jr. _ Name: . Philip N. Smith, Jr. Title: Vice President JPSGP INC. BY: /s/ Philip'N. Smith, Jr. _ Name: Philip N. Smith, Jr. Title: Vice President GUARANTOR: FOAMEX INTERNATIONAL INC. pursuant to Article XIII. BY: /s/ Philip N. Smith, Jr. _ Name:, Philip N. Smith, Jr. Title: Vice President PURCHASER: COLLINS & AIKMAN PRODUCTS CO. BY:_/s/ David A. Stockman Name: David A. Stockman Title: Co -Chairman of the Board - 67 = 0161718.05 TABLE OF CONTENTS Page No. ARTICLE I. DEFINITIONS .......................................... 1 Section 1.1. Definitions....................................1 Section 1.2. Accounting Terms and Determinations ...........11 ARTICLE II. SALE AND PURCHASE .................................. 11 Section 2.1. Agreement to Sell and to Purchase .............11 Section 2.2. Purchase and Sale of Equity ...................11 Section 2.3. Purchase Price Adjustment .....................12 ARTICLE III. REPRESENTATIONS AND WARRANTIES OF SELLERS ........ 15 Section 3.1. Authority of Sellers ..........................15 Section 3.2. Organization of the Company ................... 15 Section 3.3. Capitalization of the Company; Title to the Equity.................... ..................16 Section 3.4. No Conflict or Violation; Consents ...:........16 Section 3.5. Subsidiaries and Investments ..................17 Section 3.6. Financial Statements; Closing Date Liability toSellers. .... ............................18 Section 3.7. Undisclosed Liabilities ..................19 Section 3.8. Accounts Receivable ...........................19 Section 3.9. Inventory.....................................19 Section 3.10. Material Adverse Effect ........20 Section 3.11. Real Property................................20 Section 3.12. Condition and Compliance of Property .........21 Section 3.13. Compliance with Laws .............21 Section 3.14. Affiliate Agreements and Liabilities .........22 Section 3.15. Contracts....................................22 Section 3.16. Intellectual Property ........................23 Section 3.17. Labor Relations..............................24 Section 3.18. Employee Benefits ......24 Section 3.19. Insurance....................................26 Section 3.20. Litigation...................................27 Section 3.21. Environmental Matters ........................27 Section 3.22. Tax Matters..................................28 Section 3.23. Interim Operations ...........................30 Section 3.24. Brokers......................................31 Section.3.25. Product Liability ........... ................31 Section 3.2.6. SEC Reports ..............31 Section 3.27. Books and Records of the Company .............32 Section 3.28. 1994'Acquisition Agreement ........ .........32 Section 3.29. No Material Misstatements ....................32 Section'3.30. Certain Matters Regarding the Senior Notes ...32 Section 3.31. No Seiren Right of First Refusal .............33 Section 3.32,. Disclaimer of Additional Representations and Warranties; Schedules .....................33 ARTICLE IV. REPRESENTATIONS AND WARRANTIES OF -PURCHASER .......33 Section 4.1. Authority of Purchaser ........................33 - i - 0161718.05 Section 4.2. No Conflict or Violation ......................34 Section 4.3. Litigation .......................... .........34 Section 4.4. Brokers.......................................34 Section 4.5.. Investment Intent; Status ...................... 35 Section 4.6. Disclaimer of Additional Representations and Warranties...................................35 ARTICLE V. CERTAIN COVENANTS OF SELLERS .......................35 Section 5.1. Conduct of Business ...........................35 Section 5.2. Information and Access ........................ 37 Section 5.3. Confidentiality Agreements .................... 37 Section 5.4. Certain Environmental Covenants ...............37 ARTICLE VI. CERTAIN COVENANTS AND AGREEMENTS..................38 Section 6.1. Hart-Scott-Rodino and Other Filings ...........38 Section 6.2. Transfer Taxes.................................38 Section 6.3. Obligation.to File Tax Returns ................39 Section 6.4. Certain Provisions Relating to Consents .......39 Section 6.5. Nondisclosure; Noncompetition ..................39 Section 6.6. Efforts..................................... .... 41 Section 6.7. Ongoing Tax.Cooperation ................... ..41 Section 6.8. Certain Agreements ............................42 Section 6.9. Clearance Certificates ........................42 Section 6.10. Control of Tax Audits ........................42 Section 6.11. Tax Sharing Agreements and Arrangements ......43 Section 6.12. Sale of Assets for Tax Purposes . .............43 Section 6.13. Certain Matters Relating to Enhanced Severance . ................................... 45 Section 6.14. Ongoing Insurance Cooperation ................46 Section 6.15. Cramerton Tax Distribution ...................47 ARTICLE VII. CONDITIONS TO SELLERS' OBLIGATIONS ........... :... 47 Section 7.1. Representations and Warranties ................47 Section 7.2. Compliance with Agreement .....................48 Section 7.3. No Adverse Proceeding .........................48 Section 7.4. Hart-Scott-Rodino .............................48 Section 7.5. Consents......................................48 Section 7.6. Corporate Documents .................... ......48 Section 7.7. Certain Agreements ............................48 Section 7.8. Discount Debentures Change of Control Put ......48 Section 7.9. Opinion of Counsel- ............................49 ARTICLE VIII. CONDITIONS TO PURCHASER'S OBLIGATIONS ........... 49 Section 8.1. Representations and Warranties ................49 Section 8.2. Compliance with Agreement ..................49 Section 8.3. No Adverse Proceeding ............... ........49 Section 8.4. Hart-Scott-Rodino ............................. 49 Section 8.5. Consents ...................................... 49 Section 8.6. Corporate Documents ...........................49 Section 8.7. FIRPTA........................................50 Section 8.8. Cramerton ...................................50 Section 8.9. Purchaser Bank Consent ........................50 0161718.05 Section 8.10. ' Section 8.11. Section 8.12. Section 8.13. Financing of Senior Note Change of Control Put..........................................50 Certain Agreements ...........................50 Material Adverse Effect ......................50 Opinion of Counsel ............50 ARTICLE IX. THE CLOSING; TERMINATION ..........................50 f Section 9.1. The Closing...................................50 f Section 9.2. Deliveries by Sellers at the Closing ..........51 Section 9.3. Deliveries by Purchaser at the Closing ........51 ' Section 9.4. Termination 51 i ARTICLE X. INDEMNIFICATION....................................52 Section 10.1. Survival......................................52 Section 10.2. Indemnification Provisions for Benefit of I Purchaser .......... .........................52 Section 10.3. 'Indemnification Provisions for Benefit of Sellers......................................55 Section 10.4. Tax Indemnity..............................55 Section 10.5. Matters Involving Third Parties .......56 Section 10.6. Certain Limitations on Environmental Indemnification..............................57 Section 10.7. Certain Additional Provisions Relating to Indemnification..............................59 Section 10.8. Certain Litigation Matters ................... 6C ARTICLE XI. EMPLOYEE BENEFITS ........ 61 Section 11.1. Employees....................................61 ARTICLE XII. MISCELLANEOUS PROVISIONS .........................61 Section 12.1. Notices ...................................... 61 Section 12.2. Amendments...................................62 Section 12.3. Assignment and Parties in Interest ........... 62 Section 12.4. Announcements.................................63 Section 12.5. Expenses.....................................63 Section 12.6. Entire Agreement .............................63 ' Section 12.7. Descriptive Headings 64 i Section 12.8. Counterparts .................. 64 Section 12.9. Governing Law; Jurisdiction .................. 64 Section 12:10. Construction................................64 Section 12.11. Severability ........................... 65 Section 12.12.. Specific Performance ........................ 65 ARTICLE XIII. FOAMEX INTERNATIONAL INC. GUARANTY .............. 65 Section 13.1. Guaranty. ...................................... 65 Section 13.2. Nature of Guaranty ........................... 65 Section 13.3. Limitation on Guaranty .......................66 Section 13.4. Authority of Guarantor ....................... 66 0161718.05 SCHEDULE NUMBER SCHEDULE NAME 1.1 Certain Officers 1.2 Permitted Liens 2.3 Base Line Adjusted Net Assets 3.2 Certificate and Partnership Agreement 3.3 Capitalization 3.4 Conflicts or Violations 3.5 Subsidiaries 3.6(a) Financial Statements 3.6(b) Interim Financial Statements 3.6(e) Warranty Reserve 3.7 Undisclosed"Liabilities 3.10 Material Adverse Effect 3.11(a) Owned Real Property 3.11(b) Lease Obligations 3.12(a) Personal Property; Liens 3.12(b) Leased Personal Property 3.13(a) Compliance with Laws 3.13 (b) Permits 3.14 Affiliate Agreements" 3.15 Contracts 3.16 Intellectual Property 3.17 Collective Bargaining Agreements 3.18 Employee Benefit Plans 3.19 Insurance 3.20 Litigation 3.21 Environmental Matters 3.22 Tax Matters 3.23 Interim Operations 3.25 Products Liability 5.1 Interim Operations 6.8 Certain Agreements 6.13 Certain Employees 8.5 Required Consents 8.8 Terms of Cramerton Contract EXHIBIT EXHIBIT NAME A' Terms of SMT License Agreement B Terms of Cramerton Supply Agreement C Form of,Jones, Day, Reavis & Pogue Opinion D Form of Willkie Farr & Gallagher Opinion E Intentionally Omitted F Form of Amendments to Partnership Agreement G Form of FIRPTA Certificate - iv - Ca Collins & Aikman Collins & Aikman Products Co. 701 McCullough Drive February 10, 1997 P.O. Box 32665 Writer's Direct Dial: Charlotte, NC 28232 (704) 548-2021 (704) 547-8500 Ms. Coleen H. Sullins Supervisor, Permits and Engineering Branch Division of Water Quality P.O. Box 29535 J rn Raleigh, NC 27626-0535M o . $?a Subject: Cramerton Automotive Products L.P., Cramerton Plant .o= rimer'' Land Application Program Permit WQ 0002618 3 � � CZ)2 _ Change.of Ownership Notification o c Dear Ms. Sullins: This letter is to serve as official notification that Collins & Aikman Products Co. of , Charlotte, North Carolina is now the owner and operator of the Cramerton Automotive Products L.P. facility in Cramerton, North Carolina. Attached 'is a completed Permit Name/Ownership Change Form and supporting documents to verify this change. If you have any questions or need further information; please contact me at your convenience either by phone or a -mail me at 104564.1043@compuserve.com. Sincerely, & AII�IVIAN DUCTS CO. L an 7a ewart COLLINSnvironmental Engineer cc: B. Kaufman - Cramerton C. Maxwell - Cramerton C. Moore - SSD mom State. of fl arolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Kwoaw� [DFEE HNR February 24, 1997 MR LYMAN JAY STEWART COLLINS & AIKMAN PRODUCTS COMPANY 701 MCCULLOUGH DRIVE Subject: Return of Incomplete Application CHARLOTTE, NORTH CAROLINA 28232 Cramerton Automotive Sludge Sludge -Land Application Gaston County Dear MR STEWART: %0 In accordance with Division policy, the enclosed application package, which was received on m February 14, 1997, is being returned as incomplete. =0 PLEASE NOTE THE ITEMS CHECKED (J) BELOW MUST BE CORRECTED c� • -TWO sets of plans/specifications signed and sealed by an N.C. Professional Engineer'ff submitted for sewers. FIVE sets required for spray, sludge,. recycle and groundwater.::' • -Two copies of all required supporting material. CD o ri -Appropately completed and signed application form plus one copy. -Letter from current permit holder requesting name change. -A recent letter of flow acceptance (SPECIFYING FLOW) or copy of Agreement from owner of receiving treatment facility. This letter must be included in package when re -submitted. -Operational Agreement for sewers owned by individual residents, a homeowners association, or a developer. -Permit application processing fee of $.. Fee must be included with package for completeness. -OTHER ITEMS:. FEE: No fee was found in package. Please resubmittwith $100.00 name change fee stapled to application. - After all required submittal information has been obtained, the completed application package may be resubmitted in accordance with the submittal instructions included on the application form. Be sure to submit all originally submitted information (and copies) along with the required additional information. If you have any questions, please contact Michael Allen at (919) 733-5083, ext. 527. cc: Mooresville Regional Office SERG Return File Sincerely, oleen . Sullins, PE, Supervisor Permits & Engineering Unit Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733=9919 An Equal. Opportunity Affirmative Action Employer -