NC0051918_Enforcement_20140616

M
74JLA
A FILE/fy�A
NCDENR
North Carolina Department of Environment and Natural Resources
John E, Skvarla, 111
Secretary
June 16, 2014 r-O
CERTIFIED MAIL 7010 0290 0000 4 565 2254
RiTURN RECEIPT Q PE— A -1-1,STED
-
Mr. Clyde Smith, Jr., Manarger
Cleveland Countv Sanitat-v District
P,O. Box 788
Lwvvndale, North Carolina
SU,13J]"CT-1 Notice of Violation and Assessment of
Penalty fier Violations of N,C, General Statute
143-215. 1(a)(6) and NPDES Permit Too ,'NCO051918
Cleveland County, WWI" P
Cleveland County
Case',,,No. LV-2014-0090
Dear "Mr. Smith:
This letter tratistrilts a Notice of Violation and assessment of civil penalty in the arnourit of
$499-'22 ($3 50A Civil PeDalty -t- $149.22 enfiorceniern Cost) against Cleveland Countv S ainitary
District.
17his assessment is based upon the to] [owing filets: A review has been conducted of the self -
monitoring data reported for December 2013, This review has shown the subjject. Eacility to be in
violation of the discharge limitations, found in NPDES Perntit No. NCO051918, The violations are,
Summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter oflaw that the Clev�eland (11 ounty Sanitary
District viokited the terms, conditions, or requirements of NPDES Permit No� NC00519 I i and North
Carolina General Statute (('.j,S.) 14' )-215. 1 (a)(6) in the Tnatuter and extent sh(,.)",Vn in Attachment A. A
civil penalty niay, be assessed in accord ance ,vith tire maximunis established, by GS, 143-
215.6A(a)(2).
Based upon the above findings offact and conclusions of law, and in accordance with authority
provided bSe y the cretay of
the Department of Environment
mt and Natural Resourcesand and the Director
I
of the Division of Water Resources, 1, Michael L, Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessrnent against the Cleveland Courity Sanitary
District,-
Mocn,swil R-eg,,onaCI fir
LCG101 610, East Center 4e, , �kjila 301 KlaorewRp, NC 2811,f
P�Cne i- 1,M1 i 6t",3 1699 Fax 1704 � C63-6040 ', C LISMIer '3PA"Ce I �77 3748
lniemeu 14sp :portanrdenr,,.ffljAYe1W%w

rat the one(l) violation of G.S. 143-215.1(a)(6)arid
NPDFS Permit No. N(:`tlf) 19 18, by discharging waste into (lie
waters of the State in violation, ofthe permir daily maxilourn
effluent limit for total suspeaded solids (J'SS).
For I of the one (I ) violation oftr. S. 143-215. 1(a)(6) and
MIDES Pernut No, NCO051918. by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
TOTAL CIVIL PENALTY
49.22 E�nforcernenl costs
499,2_2 TOTAL ATNIOUNT DUE
Pursuant to G,S, 143-215M(c). in deternriningthe aniount of the Penalty] have taken into account the,
l"indings of Fact sand Conclusions of l,aw and the factors set forth at G,S. 14313-282.1(b), which are:
(1) The degree and extent ot'hann to the natural resources of the State, to the Public health, or to
private property resulting frorn the, violations;
(2) The duration and gravity of the vlotalions;
(3) The effect on, ground or surface water alma ntity or qual ity or on air quail try;
(4) The cost of rectitying the darnage-,
(5) The w-nount of money saved by noncompliance;
(6) Whether the violations overe conintitted willfully or intentionally;
(7) The prior record ofthe violator in complying or failing to comply with prograrns over which
the Environt-nental NIanagenrent Commission has regulatory authority; and
(8) The cost to tire State of the enforcement procedures.
Witlu'ri thit-tv days of receipt ofthis 11 1 n
otice. you must do one �of the to lowi g:
1. Submit Payment of the Penalty:
Pavinent should be made directly to the order ofthe Department of Frivironin, Brit and Natural
Resources I (do not include waiver-fi)rrat'). Payment of the penalty will not foreclose further
enforcement action for any. continuing or new violation(s).
Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:

Please be aware that a request for remission is limited to consideration of the five —factors listed
below as they may relate to the reason lanes of tire 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 as waiver of your right to an administrative hearing and a stipulation that no factual or
legal issues are in dispute. Please prepare as detailed statement that establishes why you believe the
civil Penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following factor's shall be
considered:
(1) whether one or inore of the civil penalty assessment factors in GS. 1431-282,1 (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting frorn,
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 l'or remission must be
submitted in writing, 'rhe Director of the Division of Water Resources will review your evidence and
inform you of his decision in, the rnatter 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
rernission request considered by the Director. 'I'herefore, it is very important that you prepare a
complete and thorough statement insupport ol'your request for remission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to
-air Administrative Hearing and Stipulation of Facts" forrn within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both harms should be submitted to the following address.-
L_
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. File as petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment dOCUruent 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) day-, ofrecelpt of this notice. A petition is considered filed when it is received in
the Office of Administrative Hearings during nornial office hours. The Office of Administrative
Heafirigs accepts filings Monday through Friday between the hours of 8:00 a.m. and 5.00 p,m-
except for official state holiday-s. The petition may be filed byfacsitail e (fax) or electronic mail by all
attached file (with restrictions) - provided the signed original, one (1) copy aild a Filing fee (if a filing
fee is required by NC GS 150B-23,2)) is received in the Office of Administrative Hearing gs 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 andt"or the details of the
filing process. 'The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows,
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax: [phone]
One (1) copy of the petition must also be served on Df`,'.NTRas follows:
,Mr. Lacy Presnell., General Counsel
DENR
l 601 Mail Service Center
Raleigh, NC 27 699-1601
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 (310) days oaf receipt of this notice, as
evidenced by an internal date/time received startup not a postmark-), will result in this matter being
ret'erred to the Attorney Gencral's Of for collection of the penafty 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 you have any questions about this civil penalty assessment please
contact staff in the Moore-sville Regional Office at [phone]
'lee
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
CC' Mooresville Regional Office Compliance File ',Nr/attachments
Raleigh Cornpliance/Enforcernent File w/ attachments
Central Files (MSC 1617-basenient) w/ attachments

ATTACHMENT
ASS NO. LV-2014-0090
Outfall ateParameter Renorted Value Permit Limit
$'`
'rhe Cleveland County Sanitary District did not provide response to NOV-201-L,V-0 2but
Division ol` =` to ReSOLITces staff tin review the information provided on the December 201
DMR. Mitigating factors were found that resulted in a reduced civil penalty amount,

STATE OF NORTH CAR(,-)L,r\-',, A DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
N THE Ml.kl-rER OF ASSESSMENT T° WAIVER (T RIGHT` C AN
Cif," CIVIL PENALTY AGAINST ADMfNISTPUkTIVE HEARING AND
tTT.roEIVE AN t:.'OUN' T Y SANITARY STIPULATfON OF FACTS
DISTRICT
PERMIT NO. NC0051918
FILE NO. LV-2014-0090
Having been assessed civil penalties totaling S499.22 for violation(s) asset forth iaa the
arse snient document of the Division ision of Water Resources rees dated dune 16, 2014, hie undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to art administrative
hearing in the above -stated matter and does stipulate that the Bets are as alleged in the assessment
document. -Fhe undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of tire Division of Water Resources within 0 days
of'reeeipt of the notice. ofassessrnent. No new evidence in support of remission request will be
allowed after 30 days from the receipt of the notice of assessment.
']'his the ,.m � clay, of _ .-_. _ _.m � : � . 01
I
AI DRE'.SS
,rEL PHON

JUSTIFICATION FOR REMISS10,1s[
DWR Case Number: LV-2014-0090
Assessed Party: Cleveland County Sanitary District
County: Cleveland
Permit Number: NCO051918
.Amount Assessed: $499.22,
Please use this fisim, when requesting remission of this civil penalty, You must also complete the
keq
s n, ff"aiver to an Administrative earl ygAl For Remis io
form to request remission of this civil penalty. You should attach any docurrients that you believe
support your request and are necessary for the Director to consider in evaluating your request f6r
remission. Please be aware that as request for rernission is limited to consideration of the five factors
fisted below as they inay 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. § 1,4311-2821.1(c), renrission cif as civil penalty may be granted only when one or
more ofthe following five factors applies. Please check each factor that you believe applies to your
,
case and provide to detailed explanation, including copies of supporting docturients, as to wily the
factor applies (attach additional pages as needed),
prie or more of the civil pgn4Lt y a s s �Cac 313-282 were
t�. jtqri in N,(',G,S. 14'
yyrqt ap ljgq,to the detriment of the netitioner (the assessinent.ftictors are listed
in the civil penalc assessment document)
(b) the violato -p _nn M'Tq--SnJS r nental darna
t
sitvou (,,)ota
r o correct the violation 'and revert
(Le, explain the steps thatj
fiaure occurrences,)':
(0 the violation was inadvertent or a result of an accident (Le., explain the vi(.Vation
rvas unavoidable or something you could not prevent or prej.)areft)r),,°
(d) the violator had not been assessed ciyfl, p,�Lnalti�s for ain e Kale Violations,
(e) "a Lmot of tLie civitT--enaltv gill V�iKytat rasa rric t fi r t a I erL,ai Im g na c ps ry'jqnediat
actions (i, e., eNp, lain hmi,,' payment (rife civil penalry ivill prevent you"fi-om peqbrini)'k!Z
the activities necessar�), to achieve compliance,,).
EXPLANATION: (use ackfitionalpages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Cleveland County Sanijqry IDistrict
Facilitv: Cleveland Coun
County: Cleveland
Case Number: LV-2014-0090
Permit Number: NCO051918
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resultingfrom the violation;
2) The duration and gravit-
y of the violation;
The TSS concentration was 66 mg/L on December 4, 2014, which exceeded the daily maximum
permit limit of 45,0 mg/L by 46,7W This value along with a TSS concentration of 35 mg/L resulted in
a monthly average TSS concentration was 50.5 mg/L, which exceeded the permit limit of 30,0 mg/L
by 68,3W
3) 'The effect on ground or surface water quantity or quality, or on air qualiq,;
The effect on the receiving stream is unknown Increased suspended solids can increase the water
temperature, thus reducing the amount of oxygen harming aquatic life. They also reduce the amount
of natural sunlight that penetrates through the water, further decreasing oxygen production and
photosynthesis, In addition, high levels of solids can kill fish by clogging their gills, lowering their
resistance to disease, and smothering their eggs,
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been 25 previous CPAs for the Cleveland County WTP with no CPAs issued in the past
12 months.

} The east to the State of the enforcement procedures.
The cost to the Division of Water Resources i 14 .22.
l4ti hael L. barker, Regional Supervisor
"water Quality Regional Operations Section
Division ion f rater Resources, NCDEN

NPDES DMIR Violation Penalty Worksheet
Facility:Cleveland Noun low. County ecernber g m
Previous
s g educed Penalties:
'violations: NA
P l v�l Yes Ej No � F Yes No
Multiplier. Response �ornrnenIts
Response No response to the issued NOV-NRE has been received by MRO staff,
Information:
There was one daily maximum TSS violation (66 mg/L; 46.7% exceedance of 4
mg/L limit) and a monthly TSS violation (g. rng,/L„ 68,3% over 30 mg/L limit).
DMR December 2013 DMR notes "we had a valve that wasn't closed all the way and
Information: with all the rain it caused the TSS to be higher than normal. We worked the valor
open and closed several times and its (sic) closing properly now. This should stop
the problem from now on. It didn't effect (sic) any of the other tests.`"
Previous
Violation There were no other violations noted for the P in the prior 12 months.
Information:
Other Relevant The ORC was changed at the facility effective June 2013 and an inspection
In o ation: conducted in august 2013 found the new staff to be very eager to ensure
morn liance at the facilit .
Proposed egg Penalty Increase Decrease same El
Penalty
it
� Final anal
`'a�
9
` n
i
I
Page 1 of 1
Rev o, 1-1011

MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04,122114 Page: 2 of 6
SaNni
MONITORING
OUTFALL)
VIOLATION
UNITOF
CALCULATED
4L REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
f -y(- 12 -2013
002
Effluent
Solids, Total Suspended -
Concentration
12/04113
2 X month
oigh
45
66
46,67
Daily Maximum Exceeded
None
12-2013
002
Effluent
Solids, Total Suspended -
12/31113
2 X month
MgA
3 d'VI
50
&33
Monthly Average Exceeded
None
Concentration
PERMIT: NCO004812
FACILITY: Pharr Yams Inc
- Pharr Yarns Industrial
WWTP
COUNTY:
Gaston
REGION: Mooresvi"—
Limit Violation
MONITORING
OUTFALI. Y
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12,2013
001
Effluent
Coliform, Fecalf MF, M-FC
12/03M3
Weekly
#1100mi
400*,/
2,420
505
Daily Maximum Exceeded
None
Broth,44.5C