NC0051918_Enforcement_20111205

F
NCDENR
North Carolina Department of Environment and Natural Resources
Division of'Water Quality
Beverly Eaves Perdue Golsen H, Sullins Dee Freeman
Governor Director Secretary
December 5, 2011
CERTIFIED MAIL 7010 2780 0003 14618754
RFTURIN'RFCEIPT gj�Q��
Mr. Clyde Smith, Jr., Manager
Cleveland County Sanitary, District
P.O. Box 788
Lawndale, North Carolina 28090
SUBJECT: Notice of Violation andAssessment of Civil
Penalty i'or Violations of N.C. General Statute
143-215. 1 (a)(6) and NRDES Permit No . NCO051918
(7leveland County WTP
Cleveland County
Case No. 1.V-201 1-0311
Dear Mr. Smith, Jr,. -
'This letter transmits a Notice of Violation and assessnient of civil penalty in the amount of
$48T78 ($350.00 civil, penalty + $1317,78 ent'orcernent costs) against the Cleveland County Sanitary
District.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for August 2011 . This review has shown the subject facility to be in
violation of the discharge firnitations tbund in NPI. ES Permit No. NC0051918. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Cleveland County Sanitary
District violated the terms, conditions, or requirements of NP'DES Pernift No, NCO051918 and North
Carolina Genteral Statute (G.S.) 1 43 -215 . I (a)(6) in the mamier and extent shown in Attachment A. A
civil penalty may be assessed in accordance with the rnaximums 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 Resourcesand the Director
of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor
,for the Mooresville Region, hereby make the following civil penalty assessment against the Cleveland
County Sanitary District.-
NkoresvHki RegionM Officta,
LOCatbM 610 East Urater kve,, Suite 301 MoofesvWe, NC 281,15 One
Phone: [phone] k Fax (704) 663a43 t Customer Service. 1877-623.6748 M
No thCarolina
�nterno hftp'//pDrtaLncdenr orgiwebiwq W11rally
An F q wail � )p porm nmy Affiuna,r�e Act,*n Employer - 30% R e�yci, ! T7. Pos t Co nsu rn er paw. I4

$--- l00'00---.'----
For -- I,.-- of the one (1) violation of G.S. )43-215.1(k)(6) and
NPDES Perrint No. NC10051918, by discharging waste into the
waters of the State in violation of the pertnit daily maximum
effluent limit for total suspended solids (T`SS).
250,00 For I of the one (1) violation of G.S, 143-215. 1 (a)(6) and
NPDf, ' 'S Perinit No. NCO051918, by discharging waste into the
waters of the State in violation oftpen-nit monthly average
effluent limit for total Suspended solids (TSS).
350.00 TOTAL CIVIL PENALTY
13T78 Enforcernent costs,
487.78 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.ail c), in determining the, amount of the Penally I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282. 1 (b), which are:
(1) The de67ee 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 surfiace water quantity or quality or on air quality,
(4) fhe cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) yVhether theviolations 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 Cora arnission, 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 fi:)Ilowing:
I Submit payment of the penalty:
Payment should be made directly to the order of the Department of f-riviroranent and Natural
Resources (do not include waiverfibrin). 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 Cornpliance/Enforeement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:

Please be aware that a request for remission is limited to consideration of the fivelaCtOrS listed
below as they naafi` relate to the reasonableness of the amount of the penalty assessed. Requestitig
renrission 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 docutrietit. Because a
remissian request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearin and a stipulation that no factualor
1 9
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 cry Water Quality at the address listed
below. In determining whether a remission, request will be approved, the hollowing factors shall be
considered:
whether one or more of the civil penalty assessment factors in G., 14313-281 I(b) were
wrongfully applied to the detriment of the petitioner-,
(2) whether the violator promptly abated continuing environmental daniage resulting froru
the violation;
(3) whether the violation was inadvertent or a result of aii accident-,
(4) %-vliethei the violator had been assessed civil penalties for any prev I tons violations; or
(5) whether payment of the civil penalty will prevent payment I'm the remaining necessary
remedial actions,
Please note that all information presented in support of your requestfor remission must be
submitted ln,�NTiting- The L)irecror of the Division of Water Quality will review your evidence and
infer 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
Enviromnental Managenient Coinnussion's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider infix rmation 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 rernissiom
In order to request remission, you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation of Facts" forto within thirty (30) days of'recelpt of this
notice. The Division of Water Quality also requests that you, complete and submit the enclosed
"Justification for Remission Request." Both for-n-is should be submitted to the following address:
Point Source Compliance/Entorcernent U I it
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 frorn 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 1-1carings during normal office hours, The Office of Administrative

Hearings accepts filings Monday through Friday between the hours of 8:00 ami. and 5:00 p.m.,
except for official state holidays. 'Flie petition may be filed by facsimile (tax) or electronic niail by an
attached file (with restrictions) - provided the signed original. one (1) copy arid a filing fee (if a filing
fee is required by NCGS § 15011-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the faxed or electronic transmission, You should contact the
Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process. flie mailing address and telephone axed fax nurnbetsfor the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail, Service Center
Raleigh, NC 27699-6714
Tel: [phone], Fax: [phone]
One (1) copy of the petition triust also be served on DENR asfollows :
NNary Penny Thompson, General Counsel of DE.NR
1601 Mail Set -vice Center
Raleigh, NC 27699-1601
Please indicate the case number as l'ound on page one of this letter) oil the petition,
Failure to exercise one, of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal dare/tinic 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 continuirig ilatULnot related -t)—o-peratiQ—T!
-
assessmenter—IL'iRial Order by Consgrit,-p sq contact the Water Quality SectiopsLaff of jjq
Mooresville Regional Office at,(,' -0)(3-1699,
(Date) Robert B. Krebs, Regional Supervisor
Surface Water Protection - Division ofWater Quality
Mooresville Regional Office
ATTACHMENTS
cc Mooresville Regional Office Compliance File w/ attachments
Raleigh CompliLviceff.,,.,nf'l)rcetnent File vv/ attachments
Central Files wJ attachments
rk/rna

ATTACHMENT A
CASE NO. LV-2011-0311
Outfall Date Parameter Reoorted Value Permit Limit
002 8/3/1,1 'ESS 78.0 mg/ L 45.0 mg//L (Daily maxinium)
002 8/3 1, /11 TSS 39,0 in 30.0 mg/ L (Monthly average)
The Cleveland County Sanitary District did not provide a response to NOV-201 I -LV-
0553 dated November 10, 2011. Mitigating Inetors were not found on the August 2011
DMR to result in, a reduced civil penalty.

STATE ATE OIL NORTH CAROLfNA DEPARTMENTOF ENVIRONMENT
AND NATUTRAL RESOURCES
COUNTY OF CLEWLAND
I3 '1TI E MATTE O? SSESSME;? T WAIVER 0 I Itrill I` "ITS AN
t"L VELANCy COUNTY SANITARY STIPULATION OF FACTS
CT
DISTRICT 1
FILE NO. LV-2`01l-0I1
Having been assessed civil penalties totaling $487.78 for wFio atlon() as set forth in the
assessi-aunt document ent of the l ivislon of Water Quality dated December 5. 201111 the Undersigned,
desiring to seek remission of the civil penalties, does hereby the right to an administrative
hearing in the above -stetted matter and does stipulate that the, facts are as alleged in the assessment
cicae,umern, The undersigned further a nderstwids that all evidence resente in support ofremission of
this civil penalty must be submitted to the Director of the DivisionDiNision of Water Quality within 30 days of
receipt of the notice of assessment. NO new evidence in sUppcart ofa remission request will be allowed
after 0 days frorn the receipt of the notice of assessment,
This the day of tf 1 I
BY
w� rya' t

I DWQ Case Number: I.V-2011-0311
Assessed Parq. Cleveland County Sanitary District
County: Cleveland
Permit Number: NCO 0519 18
Amount Assessed: S487,78
Please use this form when requesting remission of this civil penalty, You must also complete the
�t )n cLY
p�lr mlis )n, R,'�: _�iver . a i y I tf an AchninistraCiye IteaLr nw�
— --& - - _ __ f LR--g-��
forni to request remission oftlus civil penalty, You should attach any documents that you believe
support your request and are necessary for t.lie Director to consider in evaluating your request for
remission, Please be avvarc that a request for remission is limited to consideration of the five factors
listed below as they rnay relate to the reasonableness of the atuount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuantto N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including, copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civi
vv ysment,1uct(,)rs are, listed in the civil
rpAgfully lied e &ILrij jeRt_pf the itio4er (the asse
_ qpp_ jph -L �LNL
penalty assessment document)l
(b) th-t�la—ear ---RT-Q—TnP!--V_.,qbrates d_ cogtnum"nvirormiental darnage gultin carLi the
that
iolation (i.e., exp, lain the step, ou took to correct the violation andprevent.,future occurrence,$);
vs y
(e) the violation 1,vas inadvertent _or. an accident (i.e.,, explain whil the Violation
was unavoidabT, or soinething you could not prevent or preparefir);
(d) the violator had not -be n rtsse se -e-uid—titLs for any, p
(e) Vayniqnt of the civil_penalty-�vill pLe jjggessar jernedial
AeptTAyrpent for the, T
actions (i, e- explain how pq�ytnent Ql'the civil penalty will prevent yrrjjj. m perlbrtning the activities
necessaty to achieve compliance),
,EXpLANA TIOIN. (use additiona] ptnes as necessary)

NORTH CAROLINA DTVISION OF WAILA _QU ALITY
ASSESSMENT FACTORS
Violator: Cleveland Coun�y Spjitary istrict
Facility: Cleveland Cottrity SqqLit4r_yDistrict WTP
County: Cleveland ---- - --- ---
Case Number: LV-2011-0311
Permit Number: NC0051918
The degree and extent otharot to the natural resources of the State, to the public health, or 6 piivate
property resultiog "to the 84olati6a - No environmentat harm has been documented as instream
monitoring is nbt required.
3) The effect on ground or surface water quantity or quality or on air quality --The effect on the receiving
stream is unknown as instrearn monitoring is not required by NCO051918. However, the temperature
water is expected to increase, the oxygen levels are expected to decrease as a results of the
increased solids, In addition, the solids could smother aquatic organisms and fish eggs, as well as
clog fish gills,
4) The cost of rectifying the damage - No damage has been documented,
5) The amount of money saved by noncompliance - The amount of money saved is unknown as the cause
of the violations was not noted on the DMR.
6) Whether the violation was ciom 'tied itiftill- i tenti Aty - The Division has no eViderice that the mi Nei y or in Ion I
violations were committed willf ully or Intentionally as the reason for the violations is not noted on the
DM
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority - There have been 24 previous
CPAs for the Cleveland County W`TP during the life of the permit with three CFa issued in the past
twelve months
M
The cost to the State of the enforcement procedures - The cost to the Division of Water Quality is
$1373&
Date Robert B. Krebs, Regio;ai -Supervisor
Surface Water Protection - Division of Water Quality
Mooresville Regional Office

MONITORING REPORT(MR) VIOLATIONS for: Deport Date: 11/07111 Paae: I of 3
PER IT: NCO022497
FACILITY: Cross Country Campground - Cross Country
COUNTY., Catawba
REGION. Mooresville
Campground
Limit Violation
MONITORING OUTFALL/
REPORT PPI
VIOLATION
UNIT OF
CALCULATED
40CATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
08-2011 001
Effluent
Coliform, Fecal MF, M-FC
Broth,44.5C
08104111
Weekly
#1100ml
400�
510-,, 27.5
Daily Maximum Exceeded
None
08-2011 001
Effluent,
Coliform, Fecal ME, M-FC
Broth,44.5C
08124/11
Weekly
#4100mi
400
680, 70
%,
Daily Maximum Exceeded
None
PERMIT- NCO064599
FACILITY: Halina R Genaro - Lake Norman Motel WWTP
COUNTY: Catawba
REGION. Mooresville
Limit Violation
-[7
MONITORING OUTFALL I
REPORT PPI
VIOLATION
UNIT OF
CALCULATED
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
08-2011 001
Effluent
Coliform, Fecal MF, M-FC
Broth,44.5C
08/12111
Weekly
#1100mi
400
510 2T5
Daily Maximum Exceeded
None
51918 FACILITY. Cleveland County Watpf'- Clevel County WTP
Limit Molation
MONITORING OUTFALL I VIOLATION
r REPORT PPI LOCATION PARAMETER DATE
08-2011 002 Effluent 'Sofids, Total S4spended -
Concentration
06-2011 11002 Effluent Solids, Total Suspended -
Concentration 1
3103/ 11 2 X mcil
01/11 2 X ra of
UNIT OF ci
MEASURE LIMIT,"
rnq/I 45,
mg/l 30,
goo
JALUM, % OVER LIMIT VIOLATION TYPE
VIOLATION ACTION
7 3,33 Daily Maximum Exceeded
None
39 30 Monthly Avera' e Exceeded
None