NC0068888_Enforcement_20150903

rL QUALRY
r. Rick Coleman, Mayor
Town of Dallas
Mil N Holland St
Dallas, NC 28034-2749
Subject: Payment Acknowledgement
Dallas WWTP
Permit
Case No. LV-2015-0159
Gaston County
Dear Mr.Coleman:
This letter is to acknowledge receipt of payment in the amount of $396.97 received from you on
06/16/2017. This payment satistles in full the above civil assessments 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 Statues, Regulations, or Pen, nits.
If you have any questions, Please contact Wren Thedfor' at919-807-6397.
Sincerely,
Wren Thedford
cc. Central Piles
PE
"Mooresville Regional Office
I
Stare of North Carolina I Friviroranental Quality I Water Resources
10 East tenter Avenue, Suite 301, Mooresville, NC 28115"

PPPBPapsinger, Corey
Fro
Basinger, Corey
Seat:
Friday, June 09, 2017 8-18 Al l
°mstroupe@dallasn .net'
Co
ch ller, overtop Pitner, Andrew
Subject:
outstanding penalty LV-2 iSngl g
Attachments:
Dallas LV-2 15- 15 - 0g2Q17.pdf
Department of Environmental Quality
To expedite the processing, please remit to the following address:
NC Division of Water Resources
610 E. Center Avenue, Smite 301
Mooresville, NC 28115
ATTN: W. Grey Basinger, Regional Supervisor
Again, I greatly appreciated your efforts to resolve this matter and am available at any time to answer your questions or
concerns
Thanks;
Corey.
Regional Supervisor
Division of Water Resources
Mooresville regional Office
Department of Environmental Quality
Chairman
Water Pollution Control Systems Operator Certification Commission
704- 5-21 4 office
corey.basin er ncdenr, ov
Mooresville Regional Office
610 Bast Center Avenue, Suite 301
Mooresville, INC 28115
""'Nothing Compares
NI ` Z_
1

WNW E R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 3, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3281
RETURN RECEIPT ffQUESTED
The Honorable Rick Coleman
Town of Dallas
2 10 North I lolland Street
Dallas, NC 29034-1625
SUBJECT: Notice of Violation and Assessment, of Civil
Penafty,for Violations of N.C. General Statute
143-215. I(a)(6) and NPDES Permit No. NCO068888
Dallas WW'rP
Gaston County
Case No. LV-2015-0159
Dear Mayor Coleman:
This letter transmits a Notice of Violation arid assessment of civil penalty in the amount of
$3967 ($250 civil penalty + $146.97 enforcement costs) against the Town of Dallas.
This assessment is based upon the following facts. A review has been conducted of the, self -
monitoring data reported forMay 2014. This review has shown the, subiect facility to be in violation
of the discharge limitations found in NPDES Pen nit No. NCO068888. 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 Dallas violated the
terms, conditions, or requirements of PDES Permit No. NC68888 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 Resources, 1, Michael L. Parker, Regional. Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the Town of Dallas:
moorevvMe RegbnW Offic(I
Locatbn, 610 East Center Ave, SuAe 301 Moore mQe, NG 28115
Phow (7041663-1699 k Fax (7,04) 6663,66040'% Custorner SeMx 1 -97,77-623-6748
lntemethttp,'+portal.nc,(ienr,otgtweb,lwq
An Fnmw,'!nnnrh0tv, AffirvaWe kbw EmNaYeT-3C% RpcydaV(R� Pust Cmumer paper

.
$ 250.00 For I of the one (1) violation of G.S. 143-215.1(a)(6) aind
NPDES Permit No. NCO068888, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for BOD.
S- 250A TOTAL CIVIL PENALTY
14697 Enforcement costs
396-97 TOTAL AMOUNT DUE
Pursuant to G.& 1,43-215.fa A(c), in determining the aniount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and thet'actors 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) 1"he prior record of the violator in complying or failing to comply NNrith 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:
t. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverform), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please subrmt 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 sue chrequest:
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

rem
ission request forecloses the option of an administrative, hearing, such a re nest rust e
F
accom arded by a waiver of your right t administrative hearingstipulation
you believe the
that
legal issues are in dispute. Please prepare detailed statement t establishes
ci
vil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whetherremission request will b approved,. the following fact
sl�a 1 e
considered:
1 whether on or more of the civil penalty sessrnent factors in 1 � �.i� were
wrongfully applied to the detriment of the petitioner,
whether the violator promptly abated continuingenvironmental damage resulting from
the violation; s inadvertent or a result of an accident;
(3) whether the violation waed civil penalties for previous violations; or
(4) whether the violator had been assess
( whether payment of the civil penalty will preveraf payment for the remaining necessary
remedial actions.
Please note that all information presented in Support of 'your request for remission must be
Resources v ll review your evidence and
submitted in v itin.g. The Director of the Division cal afar peso
inform you of his decision in the matter of Your rem roust. eareseal o ilia laenponse will � t the
y d provision for pp
regarding ease status, directions for payment,
ev ent Commission's C.onunittee on Civil ion. that R not Remissions(Committee).
Environmental Management of the original
Please be advised that the Committee Cannot consider information
remission request considered by. the Director. The
reqfore, it is very uest for remn important that you prepare a
complete and thorough statement in support of y re
of
In order to request re i ssion, you must cOmplete and submit the enclosed Waiv rt of thisRight
to
an Administrative Hearing and Stipulation
of Facts" form,within thirty (0 days o p
notice. The Division of Water resources also requests that you bm complete to the and submit
llovv thaddress:
"Justification for Remission request."`lotenclosed
h fo s should be a
Wastewater Branch
Division Of Water resources
1617 Mail, Service Center
Raleigh, North Carolina 27699-1617
OR
3. File, a
petition for an administrative hearing
ith `the Office of Administrative Hearings'
y epetition o from the Cy roust file a
1f you �ish to contest an statement in flee attached assessment document you must of
petition for administrative hearing, you may obtain th
d inistrativ earin s, you must file the petition with the considered led wherrffice of y is received in
within thirty` () days of receipt of this notice, � petition Administrative
the office of Administrative Hearings during nbetween the hours
l office honf ours of �0 a.m.and 00 .m.,
Hearings accepts
filings Monday through Friday
or
exce t for official state holidayxs; The petition may be filed by facsimilec 1 � (fax) a lac fed � mail
f" y
an
attached file (nth restrictions) � provided rovided the signed original., o (. copy

fee is required by NCGS § 1, 5011-23.2) is received in the Office of Administrative Hearin gswithin
seven (7) business days following the faxed or electronic transmission, You should contact the
Office of Administrative Hearings -,Adth all questions regarding the filing fee and/or the details of the
filing process. The mailing address and telephone and fax nunibers for the Office. of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone](00
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows-,
Mr. Sam M. Hayes, General Counsel
DENR
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 of receipt of this notice, 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 you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone]
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATFACIINIENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
ASE NO. L'V-2015-0159
Qutfall Date Parameter Rep_ortedValue Permit Limit
001 Week ending 5110/2014 BOD 34.2mg,/]19.5 mg/l (Weekly average).
Denotes to civil penalty assessment
The Town of Dallas response to NOV-2015-LV-01 87 received on April 9, 2015 was
,reviewed y DWR staff Mitigating ati 'actor were ;ant found to result in a reduced civil
penalty amount.

IF
ATE OF NORTH"A LM A DEPARTMENT F EN IRO NMEl" T"
AND A'I U L RESOURCES
COUNTY OF GA TON
�AIV . Off` RIGHT T A
N THE ILIA T I ASSESSMENT ADNIII I T TI ° E "ENRING AND
OF CIVIL I✓ PENALTY AGAINST � STIPULATION OF FACTS
TOWN OF I ALLA
PERMIT NUMBER NCO068888
FILE NO. LV-2015-0159
Having + civil t� ltie tot in �6,. 7 for vi to 1t
he undersigned,
assessment document f the Division f"'a? ter Res sources dated
desiring t seek- remission of the civilpenalties. dies perch f acts are as alleged i the the right to an e assessment
he in the above -stated a,natter d dues stipul to that t
emed in support of remission of
document. The undersigned ftuther understands that all evidence�at Resources rthirs dais
res
this civil penalty must be submitted try the Director o the Division
of receipt he notice of assessment. No new evidence i spa + z t � re is ic�ra request will be
be
allowed after 30 days from the receipt of the. notice of assessment.
day of , 2I5
This the ��...���._
m
ADDRESS
TELEPHONE

RJSTIFICATION FOR REMISSION, REQUEST
D" Case Number: LV-2015-0159
Assessed Party: Town of Dallas
County: Gaston
Permit Number: NC,0068888
Amount Assessed: $3W97
Please use this form when requesting remission of this vil penalty. You must also complete the
"e ciinistrativeffiarinand �Sti ylation �oFqcts "
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 ter
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 exp lanation, including copies of supporting documents, as tea why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14311-282.11b) were
mm:%Tongfully avolied to the detriment of the petitioner (the gasses smentfactors are listed
in the civil penalq,, assessment document);
(b) the
violation (i.e., explain the steps that you took to correct the violation andprevent
..Nature tree urrences),I
(c) 'the violation was inadvertent or a result of an accident (i.e., explain wky the violation
was unavoidable or omethingvou could notprevent orprep arefbr),-
(d) the violator had not been assessed civLI_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 qf the civil penalty ivill prevent youftom performing
the activities necessart, to achieve compliance).
EXPLANATION: (use additionalpage s as necessary)

Violator: Town of l atla
Facility; Dallas WW Tl
County: Gaston,
Case Number: LV-2015-0159
Permit Number: .r: O0 �.
i) 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;
o ha i has been documented;
d
) The duration and gravity of the violation;
The BOD Nveekly average permit firedwas exceeded by 74.5% during die niontt of May 2014.
) The effect on ground or surface water quantity or quality or on airquality;
The e;tf't t on the receiving stream is unknown. BOD is an oxygen -consuming waste and therefore increased
concentrations could reduce they amount of oxygen available: to aquatic organisms.
) The cost of rectifying the damage;
The cast is unknown,
n,
) The amount of money saved by noncompliance;
The cunt ofmoney saved by noncompliance is unknown.
Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were committed willfully or intentionally.
The prior record of the violator in complying or tailing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 49 previous CPAs for the Dallas WWTP. `rho last CPA was issued on September 12,2013 for
mania, TSS, and BOD violations that occurred on May 201,3,

The east to the State of the enforcement proc edures_
The coast to the Division of"Wat r Resources is $146,97,
DaK Michas[ L . Parker, Regional upe isor
Water Quality Regional Operation's Section
Division of Water Resources, NCDENR,

Violator: ToAAm of Dallas
Facility.- Dallas WWTP
County: Gaston
Case Number: LV-2015-0159
Permit Number. NCO068888
i ) 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,
2) The duration and gravity of the violation;
The BODweekly average pennit limit was exceeded by 74.5% during the month of May 2014.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. BOD is an oxygen -consuming waste and therefore increased
concentrations could reduce the amount of oxygen available to aquatic organisms,
4) The cost of rectifying the damage;
5)
im
The cost is unknown,
The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
Whether the violation was committed willfull-
y or intentionally;
The Division of Water Resources has no evidence that the violations were committed willfully or intentionally.
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 49 previous is for the Dallas WWTP. The last CPA was issued on September 12, 2013 for
ammonia, TSS, and BOD violations that occurred on, May 2013.

8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97.
Z�
>
Da(e le Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR