NC0066397_Enforcement_20110517

AMMWMK
NCDENR F ILE x.`
Carolina Department of Em6ronment and Natural R1-scurces
Division of Water Quality
Bevedy Eaves Perdare Coleen H. &A'Ins ce.e ffireemaci
Govercor Director Secretary
May 17, 21 0 11
CERTIFIED MAIL 7010 0290 0000 4565 0342
RETURN RECE11L'F RE-OUES-TED
Dr -Bruce Boyles, Superintendent
Clevelarid County School's
130 SOUth Post Road. Suite
Slielby,'Niomh Carolina 2815-2
1
KJl3Jf1"C1`1 'Notice of Violat'1
.on ancl Assessnent of('11%,11
Penalty for Violations ol'N.C. (Jeneral Statute
143-215.1(a)(6) and NPI)ES PermljNo. N('00663c)'
.aster Elementary School W%VTP
Cleveland Countv,
Case No, L 1 .0 129
Dear Dr. Boyles:
This letter transmits a,,,otice of Violationand assessmem ofcivil pert�adty, in the ammint of
S'335.06 (S-250,00 civil penalty — SS-5,(l6 enforccinent. costs) against Cleveiand t�.`ourlty Schools,
This assessriient is based upori the following facts- A reviev,- I been condixted ofthe set f-
monitorin�,, data reporied for February 2011. This reviex has shown the sul 'ect facility to bein,
97
violation of the dch isarge finiftations found in NPDES PermitNoN . C00663 , Tlie violations are
,.urrirnarized in Attachment A to ths letter,
Based upon the above facts, I conclude as a matter of law that Clevelan,! ("ounty Schools
- quiremtints of NYDES Peri-nit No. Nt" . , u066397 and North Carol�na
iolatl-d th�- terms, conditions ', (,) r reI
General Stance (&S.) 1,13-2 t 5. 1(a)(6) in the manner arid extent show�n in Attachnneritk,. A civit
penalty may be assessed in accordance wirb the niamirnunis establisbed by G.S, 143-215.6A(a)('-).
Based upon theabove findings of fact anJ conclusions of law, and in acccirdance vviffi authority
provided by the Secretary of the Depar-ttment of Ej� ironment, aricl Natural RReath ces and the Director
of tl)e Division of Water Quality, 1, Robert R, KrcIns. Surface Water. Protection Regional S'apervisor
f'or the N-1ooresvIlle Region, hereby make the folloNving civil penalty, assessment against Cle-eland
Count-Y Schools:
Mooresville, Rc,.gw-ql Office
Locatom 610 East Cewer Suilm, 301 Mocrfasvil�e NC 28115 Otle
PhCne: "7A rR331-1,69',j ', �7 .. 171 Sen,'^ce 1-UI-6748
� ,877
Noi-thCarolina
x'M'

2;00 For—
1 of one i t � vio[arilon of , . l� �. .liatdt i and
a� -
I -00066397, by dischaxcylng waste into the
waters of the State. in violation in the erraait monthly av'er:ag e
effluent limir for ammonia-
2-50,00 TOTAL CIVIL PENAL'I'Y
,,tit; Enforcement costs,
Pursuarit to G ,S l~l -215. A(t ), i'6 determining the arrtiw?unt iit the penalty l have taken into account the
l indingys of Fact and Conclusions of Law and the factors set forth at G. S. l 3 B-282, .1()� which are.;,
11 The tlecrce iind extent ofharm to the iiatural resources of the tal to the publ c health; or t
private property ? r sirltIng from the violatiiaiis`;
l The rzat? in and v rsvity of the viol, tic ns;
l3 ) The effect on ground or surface water quantity or quality or on air quality.
(4) The cost of rectifying the area ,,eg
(5) flie ianiount of moncy saved by noncompliance;
(6) Whether the violations were commated whifiully or intentionally,
() 11 e prior record of the violator in cor-ripll,ira�, or flailing to ca-itiiltlly Faith liroct-'rams over lvhich
the Environmental Nltanawaenient Commission has regulatory authority; and
f The cost to the State of the enforcement procedures.
Within thirt'v days of receipt of this notice, you must do one of the bllowlrlg� :
L Submit payment of the penalty:
Pav,ni nt should be made directly to the order of the Deliart. ic:nt of Environ1nient and att.irrrl
Resou-, es ( )Y"ioi, t`,''Zs."ltdde iva a er fiirm). Payment of the penalty v ill notfore lose urt e
enforcerno,nt action for any continuing or new violatiiin(s).
Please srihinit payment to the attention of.
Point Source tmotiLplirrrice:iE f(.)r erraritt t."nit,
Division of '%at.er Quality
1617 flail Service Ceriter
Raleigh, i�logh Carolina 2769 -1 l
OR
.Submit a written request for remission including detailed justification for such request:
Please be aware that i"a request for remission is limited to covsidertition of the fi-ve f ct rs listed
ht lCivir as they. niav relate to the reasonableness of tl"le <,nn unt of Lhe penalty assessed. Requesting
remission 1 not 6,.e proper ltroes, durc for contesting "'Nether the violati;'?i?t4;,t occurred or the accuracy
of aliv of the factual statenients contained in the civil penalty ass ,w mint t ocurnent. Because ause a:
rernission request forecloses the option of an a drriinilstrati% w hearing, such a request must b
accompat-iied by a waiver of your t iP.l,.Gt to an aiitriinistrativ e h aririp and a stipulation that no factual or

lc -,al, issues are '.n d"ispute, Please preparel a uletaiLed �taaement that c-s-zablisir-s ,vhv You elieve me
civil penalty shouldbe remitted-, and submit it to the Division oF'V-Vater Quaht-; at me address H,st�d
below. In determ ining w1tc-her , a renilssion, request will be approved, the fedowing factors shall It
considered:
(1) whether one or inane of the civil penally assess ment'factors in G,S, 143B-282,1(b) were
Wroll.0fully applied to the detriment of the petitioner; (2) vhether the violator promptly- abated continuing erivironniental darnaae resulting froin
the viotation:
(3) ,vhether the violation was inadverttent or a resuhof at, acciLent.,
(4) whether the violator had been assessed civil penalties fsr all-v previous violations, or
(5) whether payrrient of the civil penalty will prevert payment for the remaining necessary
ren-,edial actions,
"
Ideas',, note that all 1 rifo rinaLl, oil presenLcd ittsupporl cd'your rcqucsl for remissloil r"b
Ust N
submitted it, writinL,. The Director of the Divi-sion of"%Vater Quality vvill review 1vou'r evidence and
infi)rra you 0 It pra�vlde details
flu s decision in the inatter t)f your rernisslon request. The response wl
for
-ther appeal of the penalty to the
reg,arding case status, directions pa�,rnent. and provisiofor f
n ut
En-vironmerital %lanagerrient Cominission's Committee on Civil Penalty Remi, sions (Cominitte"'
'der infisrmadOn that ,,%-as not part of the original
Please be advised that the Committee CEIM10t cColsi
rerui,ssion reque,;t considered by 1,he Director, Thcrefore., very that yoii prop,.- -ire a
complete and thorough statement itl support of your request for remis,'siorl.
In order to request remission, voll must complete and Subjult tile etw1osed, "Waiver of R4-1hL to
an Mministrative Hearing and Stipulation of Facts- forn-i within t[m`t-,,' (30) days of recelpt of this
notice, The Division O[WaterQuality alsoreqUeSLS thatyou cornplete and suhmitule enclosed
"Justification for Remission ReqUeSC' Both fortns should be submitted to the followir!_�2 address:
Pojj 1 -1 ernent Unit
Mt Source Cornp1iance,,`l­n.b,,)rc
[)Msiorr ofWater Quality
16 17 N-1ail, Service Center
I
Ralcic,h, _,LN,,orth Carolina 27699-1617
C,
3. File a petition for an administrative hearing with the Office of Administrative Hearin gs-
Ifyou wish to contest any statement iT1 tills atack ed assessnient documerit -)`()11 , mus-1 file a
petition for an administrative hearing, You may obtain the petition form from the Office of
Administrative Hearings. You nnist file the petition with the Of of Adrnlpistrativ,- HearinLls
w,vithin thirty (3(.1) (lays of receipt of this notice. A Petition i, considered filcd whrtit is received in
the Office of Administrative 1-learings during norinal office hours. 'flie Office of Adi-rurnstrative
llearings accepts filings %londay thrmigh Fri#,between the hcwrs of 8:0() a_tn, and 5:00 p,ni,
except for official state holidays. The Ire dtionnnay be filed by fac.,Imile (jfax) or electronic rnall by an
attached file (-vvith restrictions) - provided the signed original, one (I) copy ,,,nd a tiling f eif' afifinL,,
fee is required b-, NCGTS § I _5013-23'2) is receivc(�i in the Office of',ALdrainistrative I learings N',,ilhin
seven (7) business days follo%,ving the faxed or electronlc transanssion, You should contact the
Office of Admirli;tratiVC Hearings Nvith all questions, regarding the filing fee and/or the details ofthe

t.l n- Hr `ces . he [" allin.g addr-e-ss and teleohone and fax nuriibcrs t'br h Office o- Ad:?"_inist ative
Hearings are as .-olle>ws
C rim.
)nice of dministr ti,,e Hectrimz
6714 Mail Service Center
Raleigh, NC 769 -671al
One (1 ) dopy 0 the petition must also be served om '_` R as tollows
Mary Penny `Cllompson, General Counsel
DEN1
1601 %mail Service Center
Please Indicate the ease number (as found on page one of this letter) on the petition,
Failure to exercise one of the options above N%:ithiri thirty ( 10) da�;s of receipt of ibis notice, a
, eetiee by an internal date. time received startup (not a postntarl) will result in this matter being
refer -reed to the ivti. mey General's Office for coil c :ion of the penalty il4roz1gh ;r civil action.
Please be advised that additional penalties may be assessed for violations- that occur after the
rex'ie' period of this assessment, 1ltleit�latril aar dal ai��tt`itllia rt tt it r'e laf, tea c� a rtaa�r
and/or rrtaile�itarl�b1iaatel eru arti�i�'alte i-etii�ltal,.ctt�tria�ti�;rl �ct,� itie l���ri �e
trsieer airai e�Arl rr C e srat�ll �cata ��a�� il�� ��a tla�ras ak�rat tlta i� zl.�z�alt
a e si leCli a?r weer l 'de i 1 :. e riser t lease ,t1nt t rhe` �4 11cT t ll It e etltiTi $fit a the
` lac rl Vi sit rl Cott .. t t 1 t5'L9
(D'ate)
Robert B. Krebs, Regional Supervisor
urfaee Water Protection
%,looresville Regional Office
Dit,ision of Walter QUalltv
ATTACHMENTS
M Water 'Quality Regional Supervisor w/ attaelrrrier'ris
Compliance/Enforcement Filer `i aattaichnient:s
Ce meal Dines w/ att.ateltmerrtt

Outfall Data Parameter Reported Value Permit Limit

TAT 0, () -,HCA �aI1;�.
w tIAT kl {w. `"TIt i` 1T
COT -I TY OF t LPIOF ELAND
IN THE MATTER OF ASSFISSMEN'r WAIVER OF Rl()IIT,rO A
OF CIVIL PENALTY AGAINST M)MINISTRATIVE FlEARING AND
CLEVELAND COUNTY SCHOOLS STIPULATION
4�
TERN I -N O.N.t:90663
I'iT._E N_ LV -2011-0 129
1la 'Lnu been t ssessed civil Tien ahlt s tottaiin g 35, 06 6or violtati+aii(s as set iiartli ill the
assessment document o1 the Division of Water Quality date �N�av �7, T11 L the undersigned. llcsirati
tip seek rernissiot, of the civil penalties,, does he-reb-v waive the right toan aclth' inistraLlve hearing in the
abov -st ted matter and does stipulate that the facts are as alleged in th .assessment ciocunie t. The
tindersh-ned ttirtillr understands that all evidence prIesented in si-IpporL of Femi sion of this civil
penalty must l submitted ilt to the T r + tc�t` I tli .Division 1 N7 ter Quality, within �� dad s of receipt cal'
-
the notice Cat assessrileI�t. ri`�(a IiL'�.�," ;vii�tw�" ce in support o a l��'miss on 1�'.t uest v`ih beallow �� after�d,
daN s from the receipt of the notice of assesstri aat.
This the of �111
BY
}+ DDRESS
TELEPHONE

SION RFQ-I:F-ST
,LUSTIFICA:-noN FOR RE,NIISSIO____
DWQCase'Nurn ber:
Assessed Party: Cleveland County Schools
CountNT: Clevcland
Permit Number- NC0066397
I
Amount Assessed: _S'35.06
PleTy ase use has form when requesting rerals-sion of this civil penalty� you must also complete the
io F I
�? ot L Ictis
li�Le,_ AL�L_Ie -�cument, that You beli'eVe
You S110,Uld attach any dc
n of this civil penalt,
)rin to reques-st remis'sw coi
suyour
port yr reqUest and are necessary` for the Director to xisider in evaInating your request for
ruiiai�sion- Please h es )r rentission is bruited to consideration ofthe five factors
,e pyqrj-e diat a requ t ft I nalty assessed.
listed belotv as thew' rnay relate to the reasonableness of the aniount of tile civ". Pe
I
Requesting remissiot, is 110t the ProPer proce�ure for contesting xhether the violation(s) occurr,ed or
cuT et
ed in the civil penalty as, ssnient do 11 A
the accuracy of arly of tl,,,e Eactual statements contain�' -hen one or
prirsu,111t to -N.C&S. § 1431 B - 2 82 � I t" 6te
- f a civil penalty may be granted only %N
remission o
1110re of the foIl0WiTIII five factors applies. Please check each factor tilat %,,on believe qplies to your
n tion. includirig copies Of SLIPporting"docunients, a,� tO \,'IIY till
case and providt. a dcta�led explaria
factor applies, (.attach additional pages as needed),
yg Tlr tors it, 7 r
_LMLS'eq�jl, Ly assesgiLe
I - , tors are lisred i'r Ihe Civil
-the detriment ele
(ISye
�s,??enj docunieni.),
"'ironin DI the
(b) en
e, explain the steps t'hat you took to correc t; I J'qoj:ttjon
r
Lhe violation was inad�,rellt a i,e_ e. lain 101, the violari�,,
_.�nt, or result_,!o
was unavoidable or soniething ,'O" could not prevent orprepai -eJbr,
1�
(d) th�Y i 01 atoo had not been -)IIS viol ations:
_,t,�ses�:
actions (i.e., explain howp(4,,ineni (.,�f the civil Penak),' 144111N' 've??t J1,0,,j the aco,, We,
rjecessa7,�y to achieve contpliance''
I'APLA!"S"ATION: (use (1clijitiol7ni pages as nwcessary)

Violator: Cleveland County Sc Li
Facility: Casar ElemL entar chool WWTP
County: Cleveland
Case Number: L,V-2011-0129
Permit Number. NCO066397
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
No harm has been documented to the environment.
2) The duration and gravity of the violation;
The ammonia -nitrogen daily maximum permit limit (20.0 mg/L) was not exceeded on any of the three
sampling dates in February but the monthly average concentration of 8,3 mg/L exceeding the permit
limit of 4,0 mg/L by 107,5%,
3) The effect on ground or surface water quantity or quality or on air quality;
There are no documented impacts to groundwater or air quality. A decrease in instrearn dissolved
oxygen is expected since ammonia -nitrogen is an oxygen -consuming waste (instream toxicants) and
therefore increased concentrations can reduce the amount of oxygen available to aquatic organisms.
Casar Elementary discharges into the headwaters of an unnamed tributary to Crooked Run Creek,
4) The cost of rectifying the damage;
' M
No damage has been documented,
5) The amount of;money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
DWQ has no evidence that the violations were committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority,; and
There have been nine CPAs for the Casar Elementary School WWTP during the life of the permit with
five CPAs issued in the past twelve months,

The cast to the State of the enforcement procedures.
The cost to the Division of Water Quality was $85,06,_
Date Robert B. Krebs, Regional Supervisor
Surface Water Protection
Division n of Water Quality

MONITORINGREPORT(MR) VIOLATIONS for: RePOH Date, 06117111 Page I of 8
k PERMIT: NCO0 6190 FACILITY. Delta Apparel Inc- Delta Apparel 1 Malden COUNTY: Catawba REGION: Mooresville
Lit Vlcmlatl� �
r
M N6TC FtIN IJT A f 9%3L TION Ct IT F CAL LR7E
£PORT P[ LOC TI N . PARAtwIE ER E FRE LIENGY i EAS IM9T LUE C 0 ER L!M$T 9 ATiiJNTYPE . VIOLATION
ta' 2C1(1 � 4 ft1 nt li caN" 'Total aaw rabl tC� d t 11 Wee 3asfaiey 3 7�t p 2 5 sl xrrr urn �s e &e None
f 1�
I�lt
ent P nofios, T l 4er able 02128 1 eekly 4 Y 7.8 � � 2,12 Monthly � a�o�ooedeet �torae
r
__. �..
PERMIT: IVGt}081 70 FACILITY: Oity of Claremont - McLira Gree+k WVifTP COUNTY: Catawba REGION Mooresville
I-Imit.Viol tICP °9
MONITORING OUTFALL d VIOLATION UNIT OO CALCULATED
REtOP UA` CMEASriIE tMl1' VA_UE ° €OLARON,,YPE VIOLATION ACTION
7G iti LNi'
02.20111 E01 Effluent BOD 5-Day (20 DegC) -, Q2d121 � 1 V Pe�kl� rtagll' 24 4U 66.Ea7 Weekly Avera e Exreeaetl None �w
Conrentrats.8n
r
72 - i3'1 I Ut71 Effluent,DD, 5-ta y (20 Do C) s Q212�F11 VJ�ekly.., mg71 16 >. 21 r 34.38 Monthly Ave
age Exceeded,-. None -3.
Cnncrstiation
I a
l s
n
PERMIT: hiCO066397 FACILITY: Cleveland County Schools - Gassr Elementary School COUNTY, Cleveland REGION: Mooresville
Tp
Limit Violation
r
MONITORING OUTFALL l VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
u .2i11 tl'Etwont Nitrogen, Ammonia Total((as t2d2 8111 MrarlthlV m>`l 4 , 83 � 107,5 Monthly .Average Exceeded None
N) - Concentration
l I
e

Beverly Eaves Perdue Coleen H, Sullins tree Freeman
G,overner Er, If x.".3t
MEMORANDUM
>l B. Sledge
FROM: : 1. Allocco (Acting Regional Supervisor)
-
DATE: July 5, 2011
Request for Remission of Civil PenaltyAssessment
NPDES Permit Number NCO066397
Cleveland County Sc:hor—A,' — Csnr Elementary - VVJVTP
Cleveland County
Case NumberLV-2011-0129
MRO staff has reviewed the subject request for rernission: The peramtt e asserts in the remission
request that „the violator promptly abated confinuing environmental damage resulting from the
violation",
The perrnittee has revamped the entire treatment tment system and upon initial poor results of the system
spent additional money to install a recirculation tank, flue to the: quick response of the permittee to
take action on the issues with the VAVTP when highlighted by MRO personnel the Mooresville Repic Yal
Office supports partial remission (50%) of the civil penalty o
1;,teme vw"uveAn
;. .s '.tin e.. ., u � t•. � ., .k .. _ s r r

�14
Case Number: LV-2011-0129
Region: MccreWlle County: Cleveland
Assessed Entity: Cleveland Count Schools - Crier Elemer!La[y VVW� Permit: NCO066397
[""A 101')'Wvlhether the,,, OoWor promptly abated coi environi-nental darnage �%-3SU,06n...) froni tfh(,,� vioadon;
LV-2011-0129 includes one monthly average violation for ammonizi-nitrogen (8.3 mg/L, limit is 4.0 mg/L).
MRO discovered issues with ponding of water on the sand filter bed at the school in March 2010. There was
also a discrepancy between the results for samples MRO had taken and what was being reported on the
DMR. The school in the late spring brought in outside consultants to ascertain the problems with the septic
tank1sand filter bed treatment system. The school system did not use the treatment system and pump and
hauled the wastewater until the end of the school year. The treatment system was rebuilt but without a
recirculation tank. Initial results in September 2010 were bad and the school system hired additional
consultants to engineer a recirculation tank" an A to C was issued in January 2011 and installation was
completed in May 2011,
The permittee notes in the remission request letter that "the new recirculation tank is starting to make a
difference with the sewer treatment r,-rocess. Eight days after the new tank became operable we saw a
decrease in our numbers, moving floward the acceptable range,"
Since the pern-,.dot ea did initiate steps to repair the VVVV"["P in a tnner fashion once the issues were highl'Oted
and they are continuing to spend money to improve the system MR0 WOUld s,Jpport partial remission of this
penalty assessment, We, believe a 50% reduction shoWd be applied due to the funds spent to improve the
WOrrp.
Re,jwonal Recommendation (Check One)
Request Denied Full Remission Parfial Remission
Central Office Recommendation (Check Or
Request Denied E] Full Remission Partial Remission
Director's Decision (Check One)
Re,.-ues'= Denied E Full Remission ParL4 Remission
-1-1--1 - - - - ----- --- ----
e Goieen H. Sullins, Director
Amount Remitted

p
ttunly; t4.Lti:kEri:Cd
lirmh TN umber:
The degree and e`'aU mot of harin to 'lid resciurces of the Stm, to the public AM, or to
No harm hasbeen dc�(',umented to the e-rivironmen't
la duration d ral dFt';tv:ipy o the ' iul d.C,''on;
d"hi-_'. aEalmonia-rrit C)gen dA f m3 XIrtliLAni pernnt 9Fmt (20 ) was not ;fi eedad- on any of the Unee
.sampling dates in February but the. monthly a%nraga concentration of`8,3 mig/L exceeding the permit
3) The ;Met on ground or, surfs ce wa r etuantity; or aia:Ohy or on ak pah
There are no documented impacts, to ,'6 o..ln do ;ter or air quaMy i' dec ,.3sk €n €nstr e_ rn ', w-sok t
oxygen is expeded since arnmanm -nitrogen is an oxygen -consuming "a "iste t(�nstrc rn toxcant ,',' =wind
W refor: it w,I easeed concentrations can reduce e the amount of oxygen en avad,'mible to at( ,atic organisms.
Casar Elementary cdiw Cher es into the 1-tea dicatws of an unnarned tributary to Croaked €lwn Creek.
) The cost of rectifyng the damage;
No damage has been docurne Etet:d=
) The tc m unt of money saved b
The entire sy taf n was rehabbed during the unif`ner of 2010 a =t}`dough a redrcukt!on tan
,u"Was not mstaHe=od. Wal 8e`=tuRs in dlt,ata a rt:rlrcKhon tank relay be needed and an AL}1tlwJnz'.*tion to
Anst = (AWC) apoi{ ahmi was subrnil eel to try t_; L. The AM has been iSSUed and the- school is
am,va;tr' ' ista �tk n after aw a. itthe :y%to tLaTank SeNre Therefore, no ruiy v,,ac saved
by non-ConVharrce. The tJer tt:'e continues to ,s,,ork with t`v'(RO regardrrg p€"oiler cp red �,),n of the
nevy'AAAfTI tri:;3Fit'eS
6'd '�Vhet ic:r the violation was cumnd Heel wittWHy or Mr OonalEqw
DtVVQ has no "evida;1,.e that theviolatitons were C,onnnnitte ,d vv`HifiUly or, ;1_c it+.nalEy
) Ile prior rer:m-d of the violalor tdd cwtupl 'inn or faiHng to code pb, "A propo .r, (Ner a hkh the
t',t d'"i} dY do`di,t:lt Management Commission has 1"t:"k'Kit"3tit y E tdhdt[`Ry; and
TWE s neon Me CPAs
r the
.tSb VEl snnc as S J-fi,;ol alley: life, " t'he C nrj t Mh
.e tWs Ksuod tra the p iw t tw ie`e rtr dr%,

$ 506L���fo a rF maEsro_ r arc BO E ;�t�, �f ( ! � � Lb�"4i {I
�._LVt2011 30
t �
i 85 r f a 'i l,'s x t11 k1 C4$ i j#r f d Gor�l,_rrir Remission is being Sour
L-V-2011 0012
L
he 1 `f rn'iU({
t p 7V l'f01h"} f(
a
{�..1 8 5fii3 1V Piu,F jfl)El:�� E1F f 5 f€f �'_
F :J
LV and �ra�f k f, '."4rxil,.. ......._-m. ...._.._. ..�,
.L L1 i)
r c cast to
the Slate of the crr `csr eemrmt faro r dui c
The cost to
the Division or Water IU21it" W a 85,0:
Date
Robert Kl,o a , Regional ��uper'visor
SurfaceWater Protection
Dlvisron of Water Qr aht f

www.cleve land countysch oIs, or
-47 _' 00
n.
Tune 14, 2011
Mr. Robert Krebs
Surface Water Protection Supervisor
10 bast Center Avenue, Suite 301
Mooresville NC 28115
Dear Mr. Krebs
Carr behalf ol` le eland County Schools, 1 request a remission ofthe civil penalty in the
ant0hint of'S335.06
It appears that the new recirculation tank is starting to make a difference with the sewer
treatment process, Eight clays after the new tank became operable we saw a decrease in
our nurribe s, moving toward the acceptable range,
Thanks YOU for your consideration ofthis request
sere y
ir.
p
lin Yarbr
Assistant Superintendent, Operations
Attachments
ADMINISTRATIVE CENTER INSTRUCTIONAL CENTER BUSINESS CENTER
130 South Post Road * Suite 2 315 Patton drive 105 East Ridge Street
SheCby, North Carolina 2816 - Shelby, North Carolina 38150 rings- Mountain, North Carolina 28086
Fax [phone] Fax [phone] Fax [phone]e4

JUSTIFICATION FOR REN-TISSION REQUEST
DWQCaseNumber: LV-2011-012-9
Assessed Party: Cleveland County Schools
County: Cleveland
Permit Number: NCO066397
Amount Assessed: $335.06
Please use this form when requesting remission of this civil penalty. You must also complete the
"Ri '&-cLs
muest For Renti sicLn, r-ef �Riht to an Administrative j—ieqr-i—na,-,LtnLI -S-r�i)uLtL)no-L �'L
-"-- S— --LVaiv,�L .
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
rear scion. Please be aware that a request for reinission is litrined to consideration of the five factors
listed belov,, as they may relate to the reasonableness of the amount of the civil penalty- assessed.
Requesting remission is riot the proper procedure for contesting vNhether the violation(s) occurred or
the accuracv of anv of the factual statements contained in the civil penalty assessment document.
Pursuant to N,C,G-, § 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 ea 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 civiLpepahy, assessirient factors in KC G,S-- 143R-2&1 I�1JyLere
LyronaffitLy a, lied to the detriment of th
qM "gtition (the assessatent _/octors are listed in the civil
penalty assessinent docianen);
(b) the violatcr
.j:groL�qpjIv ab4te contiguLn en,n1rentaiL jqrnae e�solting from the
j_&rp g
violation (i,e., exphtin the steps thatyou took to correct the violation andpreventftiture occurrenee,),-
(c) the violation was inadvertent or a result of an accident (i.e., evplain wl,ry the violation
was unavoidable or somethingyou could not prevent or pre ppare fi)r),'
(d)
tbL violator had riot been assessed cjyjI penalties for iryi revipg,� violations;
L -p—
(e) urevn
actions (Le,, e--vplain how, pa.,ynzeni of the civil penalty
nee essa?�,y to th,hieve cornpliance).
EXPLANATION: (use additional pages as necessary.)

pppp�-
STATE OF NORTH CAROLINNA DEPARTMENT T OF ENVIROTNI �IEN I"
AND NATURAL RESOURCES
COUNTY CLEVELAN
IN THE MATTER O ASSESSMENT WAIVER 01� RIGHT `I A
OF CIVIL P Is;ALTY AGAINST ADMIN'ISTRATIVE HARE` G AA`7I
CLEVELAND COUNTY SCHOOLS STIPULATION OF FACTS
FILE NO. LV- CI 1 I -012t
ITa °inn been assessed civil 1,�enalties totaling .1 for viulatiotl(s) as; set foals in the
assessment document of the Division of Water Quality dated i aE 17, 2011, the unders dried, 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 fats are as alleged in the assessment document. 'The
undersigned further understands that all evidence presented its support of remission of this civil
penalty must be submitted to the Director ctor of the Division, ision of Water Quality within 30 days of receipt: of'
the notice of assessment. No new evidence in support of a rentission request will be allowed after 3
days from the receipt of the notice of assessment.
This the m ..__._.._...._. dad° of2011
I�r
ADDRESS
w posy Road
16 23 15.1
TELEPHONE

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue el en H. Sullins Dee Freeman
Governor Director Secretary
September 29, 20 If
CERTIF-IED MAIL 7009 1680 0002 2,464 9839 L i
RETURN RECENT REQjXSTED
Mr. John Yarbro, Assistant Superintendent for Operations
Cleveland Countv Schools
130 South Post Road, Suite 2
Shelby, NC 28152
Subjecv Remission Request of Civil Pen alty Assessment
NPDES Permit Number 1 66397
Cleveland County Schools — Casar Elementary School WWTP
Cleveland County
Case Number LV-2011-0129
Dear Mr. Yarbro:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Quality considered the information you submitted in support of your request for
remission and remitted $125.00 of the $335.06 civil penalty assessment. The revised civil penalty is
therefore a total amount of $210.06, which includes $85.06 in investigative costs. A copy of the
Director's decision is attached.
Two options are available to you at this stage of the remission process -
You may pay the Penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this
letter to the attention of -
Bob Sledge
NC DENR-DWQ — Point Source Branch
Compliance & Expedited Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
1617 Mail Setvice Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury to Raleigh, North Carolina 27604 NordiCarohna
Phone: [phone] � FAk 919-807-W2 % Customer service. 1,877-623,6748
intemet wwnewaterquality ofq
An Equal Opportunity. Atfirmatve k1tan Employer NafilrallY

Mr. John Yarbro q4qq
LV-2011-0129 Remission Decision
p, 2
You may decide to have the Environmental Management Cojurnission's (EXIC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final
agency decision.
If you or your representative would life to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter,
Send the completed form to:
Bob Sledge
NC DENR-DWQ — Point Source Branch
Compliance & Expedited Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMS" Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its, remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remission, they may agree with the DWQ Director's
remission recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter, If you have any questions, please contact Bob Sledge at
[phone], or via e-mail at [e-mail].
Sincerely,
uIr wt"WK/ I ( I t' V �Wvpl V
John E. Hennessy, Supervisor
Compliance & Expedited PernitsUnit
Attachments
cc'. Mooresville Regional Office — SWP Section
Enforcement File
DWQ Central Files

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case, Number: LV-2011-0129 Region: Mooresville County: Cleveland
Assessed Entity: Cleveland Co. Schools — Casar'Elem. School WWTP permit: NCO066397
El (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
21 (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The permittee states that once it became aware of the problems at the WWTP, it took prompt action in
identifying their cause, eliminating the potential for undertreated wastewater to be discharged, and
achieving a solution. Their efforts were [tampered through the design and installation of all
underengineered system, A further upgraded system has now been installed.
DVVQ recognizes the eff�rts made ky Cleveland Couqy Schools in upgrading its W11TP at the school and
at, keeping the ,ffooresville Regional Office updated regarding developments associated with the process.
D (c) Whether the violation was inadvertent. or a result of an accident:
El (d) Whether the violator had been assessed civil penalties for any previous violations:
Five civil penalties wwre assessed against this facility° during thefive�!ears pri or u) this assessment.
El (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied E]
Full Remission El etain Enforcement Costs? Yes [Y No El
Partial Remis,, V$i—/ (Enter Amount)
o
sl -3
Coleen H. Sullins Date
10 -- 3 . 31-09

STATE OF NORTH CAROLINA
COUNTY OFCJ,EVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIE SAG AINST:
Cleveland County Schools
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV-2011-0129
REQUEST FOR ORAL PRESENTATION
I hereby request 10 make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Ren-tissions in the matter of the case noted above, In making this request, I assert that I understand all of the following statcrnerrts�
* This request will be reviewed by the Chairman of the Environmental Management Commission and may lie either granted or
denied,
* Making a presentation will require the presence of myself an(Uor my representative during a Committee meeting held in Raleigh,
North Carolina.
M rresentation will be limited to discussion of issues and information submitted inrn, oricyin-,d ro-rissiaara Le _qgeLt, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or Proceedings is limited to lawyers whc are active members of tire bar. Proceedings before the Committee on
Remissions are quasi-judicial, You should consider how you intend to present your case to the Committee in light of the State liar's
opinion and whether anyone will be speaking in as representative capacity for you or a business or governmental entity, If you or your
representative would like, to speak before the Committee, you statist complete and return this forin within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbaar.com/ethies, Authorized Practice Advisory. Opinion 20016- 1, and 2007 Formal
Ethics Opinion 3,
• 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.
• If you are a cor caration artnerslai car rnunicitaalitw 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.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are- 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the on
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of 120
SIGNATURE
TITLE (President, Owner, etc,)
ADDRESS
TELEPHONE