NC0025861_Enforcement_20150730

NorthNCDENR
Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secrete
July 30, 201
r. Al Greene, City Manager
City of Lowell
31 West First Street
Lowell, North Carolina 28098
SUBJECT. Corrected Enforcement package
Lowell P
NPDES Permit NCO025861
Gaston County, NG
Case No. LV-201 -011 (Corrected)
Clear Mr. Greene. -
This Office issued the original Notice of Violation and Assessment of CivilPenalty on July 23, 2015 for
effluent limn violations reported on the March 2014 DMR, Upon further review of the document, it was determined
that the incorrect Case No. was documented and therefore, the applicable pages in this enforcement package
have been updated to reflect this correction. Tease replace the applicable pages in the original enforcement
package with the attached corrected pages, We apologize for any inconveniences in this matter,
Should you have any questions concerning the report, please do not hesitate to contact me at'( 04) 23 -
219 :or at wes.bell ncdenr oy,
Sincerely,
Wes Sell, Environmental Specialist
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, DER;
Enclosure:
Corrected Rages
cc: Mooresville Regional Office Compliance File d attachments
Raleigh Compliance/Enforcement File l attachments
SC 117 - Central files basement
W
resville Regional Office
t iron. 6 M East Center Ave., Suite 301 Moores nk, NC 28115
Phona (7,04) 663-169i pax. {7641663 '1 Customer v e : i- a7-5 3-57 f5
intermit htkpwllpor l:a nr,n bhup

I
FrLE
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
Mr. Al Greene, City Manager
City of Lowell
10 1 West First Street
Lowell, North Carolina 28098
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and PDES Permit No. NCO025861
Lowell WWTP
Gaston County
Case No. LV-2015-0116
Dear Mr. Greene:
This letter transmits a Notice of Violation and assessment of civi I penalty in the amount of
$393.85 ($250 civil penalty + $143.8-5 enforcement costs) against the City of Lowell.
This assessment is based upon the following facts: A review has been conducted of the self
monitoring data reported for March 2014, This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO025861. The, violations are summarized
in Attachment A to this letter.
used upon the above facts,I conclude as a, matter of law that the City of Lowell violated the
terms, conditions, or requirements of NPS Permit No. NC11025861 and North Carolina General
Statute (G.S.) 143-215 o I (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 Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the, City of Lowell:
MooresAe Regiona� Office
Loa,itionl 610 East Genier,Ave,' SOe, 301 Mooresville, NG 28115
Phone(704�663-1699 k Fax: F04 ' � 663-6040 �' Custwmer Servim I -Fr 7-�0-6748
lnternel, rat tp-111porW ncdenr owg/web *q
A r I, qw,': AP.ot„v A ftor EmrpAzyc30% Re cyc, I ed10% Rcs, Curnre r p a pe,-

$ 250.00 For I of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO025861, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for total suspended solids (TSS).
$ 0.00 For - I of the one (1) violation of G.S. 143-215.I(a)(6) and
NPDES Permit No. NCO 025861, by discharging waste into the
waters of the State in violation of the permit monthly average
of limit for total suspended solids (TSS).
S250.00 TOTAL CIVIL PENALTY
S143.85
$ 393,85
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. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage,
-
(5) The amount ofmoney saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
I . Submit Payment of the per
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include ivaiverjbrW), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit pa-
yment 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 reasonableness of the amount of the penalty assessed. Requesting
remission is not the proper proced e> 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 -,A,,hy you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determirting whether a remission request will be approved, the following factors shall be
considerc&
(1) whether one or more, of the ciNril penalty assessment factors in US. 143 B-282, I (b) were
v�,Toy gffilly applied to the detriment of the petitioner;
(2) whether the violator proniptlyabated 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 Direct(--)r of the Division of Water Resources 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
Environniental Management Commission's Committee on Civil Penalty Remissions (Committee),
Please be advised that the Committee carmot consider information that was not part of the original
ren-rission, 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 aml 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 Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both fornis should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
MI
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 forin from the Office of
Administrative Hearings. You must file the petition wit the Office of Administrative Hearings
Within thirty (30) days of receipt of this notice. A petition is considered filedvviten it is received in
the Office of.Administrafive Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 am. and 5:00 p,m,,
except for official state holidays. The petition may be filed by facsimile (tax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing, lee (if a filing
fee is required by NCGS §150B-212) is received in the Office of Administrative Hearings within
seven (7) business days follow ing the taxed 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. The mailing address and telephone and fax numbers, for the Office of Administrative
Hearings are as follows:
Office of Adruntistrative Hearings
6714 Mail Service Center
Raleigh, NTC 27699-614
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DETER as follows:
Mr. Sarn M. Hayes, General Counsel
D EN R
1601 Mail Service Center
Raleigh, NC 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 ofreceipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), Neill 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 you have any questions about this civil penalty assessment, please
contact staff in the Mooresville Regi Office at [phone].
2ic act L Park;er, ' 'eg—io"—n—Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Complianolile w,/attachruents
Raleigh Compliance/Enforcement File w/ attachments
Central Files Nv/ attachments

ATTACHMENT A
CASE NO. LV-2015-0116
Oust all Date Parameter ReportedValue Permit Limit
001 We ending 3/8/14 TSS 106.4 mg/L* 45.0 mg/L (Weekly Average)
001 3/31/14 'I'SS 30.5 mg/L 30.0 mg/L (Monthly Average)
Denotes civil penalty assessment
The City of Lowell did not provide a response to NOV-2014-LV-0361 dated July 28,
2014. Mitigating factors were not found on the March 2014 DMR comments section to
result in a reduced civil penalty amount.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATuRAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHTTO Al'
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
CITY OF LOWELL STIPULATION OF FACTS
PERMIT NUMBER NCO025861
FILE NO. LV-2015-0116
Having been assessed civil penalties totaling $393.85 for violation(s) as: set forth in the
assessment document of the Division of Water Resources dated jubL28, 2014, , the under. signed,
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 ftirther understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the [division of Water Resources 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 I------------ day of 12015
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0116
Assessed Party- City of Lowell
County: Gaston
Permit Number: NCO025861
Amount Assessed: $393.85
Please use this form when requesting remission of this civil Pena lt, y. You must also complete the
inistrative earia and Sit ulation 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- rernission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the, amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282. 1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies, Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. l43B--281lLb) were
vvron full a lied tca the detriment of the et tiorver (the assessmentfiactors are listed
in the civil penahy assessment documen') -
(b) the violator promptly abated cominuing-environmental damage re�Itm from the
violation (i.e., explain the steps that you to to correct the violation can dprevent
,future occurrences,),-
(c) the violation was inadvertent or a result of an accident (i,e., explain why the violation
was unavoidable air some thing you co, uld not prevent or prepare fior)
(d) the violator had not been assessed civil enalties for any_previous violations;
(e) payment of the civil penalty will prevent payment for the remaining n
actions (i.e., explain how payment of the civil pena147 will prevent you
the activities necessary to achieve compliance,).
EXPLANATION: (use additional pages as necessary,)

NORTH CAROLINA DIVISION OF WATER IR
ASSESSMENT FACTORS
Violator: City of Lowell
Facility: Lowell WWTP
County: Gaston
Case Number: LV-2015-0116
Permit Number: NCO025861
----------
6) Whether the vWlation w" c6tuhiitted Willfully or intenflonally; The Division of Water Resources
has no evidence that the violations were committed willfully or Intentionally,
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $14185
bye--7 Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR