NC0068888_Enforcement_20170125

COOPER.
AR 0 8 2 1
I
WQROS
TAL QUALITY
February 21, 2017
Mr, Rick Coleman, Mayor
Town of Dallas
210 N Holland St
Dallas, NC 2 034-2`
Subject- Payment Acknowledgement
cnt
Dallas WWTP
Pernut NCO068888
Case No. LV-2017-0031
County Gaston
Dear Mr. Coleman:
This letter is to acknowledge receipt of payment in the amount of $2,352.50 received from ou on
2/21 /2017. This payment satisfies in full the above civil assessment s levied against the subject facility,
and this case has been closed. Payment rlfthis penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren Thedford at919-807-6397
Sincerely,
Wren Tbdfnrd
cc: Central File
NPDES
Mooresville Regional Office
Stale cafNordiCarolina ( FtivironmentalQualityI ^aterResource5
610 East Venter Avenue, Suite 301, McKwesville, NC 28115
704-663-1699

Certified Mail 0 7015-1520-0002-8386-8264
Return Receint Requested
January 25, 2017
Rick Coleman, May
Town of Dallas
2 10 N Holland St
Dallas, NC 28034-27'49
SUBJECT; Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6)
and NPDES WW Permit No, NCO068888
Town of Dallas
Dallas WWTP
Case No. LV-2017-0031
Gaston County
Dear Mayor Colcmaw
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,3 5150 ($2,250.00 civil penalty,
+ $102.50 enforcement costs) against Town of Dallas.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Dallas for the month of September 2016. This review has shown the subject facility to be in violation
of the discharge limitations and/or monitoring requirements found in IPDES WW Permit No, NCO068888. The violations,
which occurred in September 2016, are, summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Dallas violated the terms, conditions or
requirements of NPDES WW Permit No. NCO068888 and G.S. 143-215, I(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-2I5,6A(aX2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1 (a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Town of
Dallas:
State of'North Carolina ! EnN,,irotinitntal(�ualit} WaterResourecs
6,10 East Center Avenue, Suite 301,Mouresville, NC 28 115
704-663-1699

J6100 0 of the I violation of 143-215.1(u)(6) and Permit No. NCO068888, by discharging waste water into
the waters of the State in violation, of the Permit Daily Maximum for'H.
1250,00 1 of the I violation of 143-215.1(a)(6) and Permit No.NCO068888, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for ROD - Cone,
j750z00 I of the I violation of 143-2 15 . l(a)(6) and Permit No.NCO068888, by discharging waste water into
the waters of the, State in violation of the Permit Monthly Average, for NH3-N -Cone.
1150.00 1 of the 1, violation of 143-215.1(a)(6) and Permit No.NCO068888,ley discharging waste water into
the waters of the State in violation, of the Permit Weekly Average for ROD- Cone.
1250-00 1 of the I violation of 143-215. l(a)(6) and Permit 1 o.NCO068888, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for NW-N - Cone.
J2�0,00 I of`the I violation of 143-215. l(a)(6) and Permit No.1vlCO068888, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Cone,
$2,2,30.00 TOTAL CIVIL PENALTY
$_ �250 Enforcement Costs
$2,352,50 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. 143 B-281 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 violation;
(2) The durationand gravity of the violation;
(3) Ile 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 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
(9) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fi)rm). 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

Option2: Submit a written request for remission or mitigation 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 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. 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 and
agreement that no factual or 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 of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-2811 (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated 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 evidence presented in support of your request for remission must be submitted in',vriting. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the ma, tter of
your remission request. The response will provide details regarding the 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 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 remission.
In order to requggtregi rr�nest tLor_Rguissun of Civil ferialties
Waiver of Ri t to an Administrative fie And Stipulationof within iLt—hiLn!Lijgyl-30-1—da-y-s—o—f —rc—ceiipLof —dus
� ring,
--------- gh
notice. The Division of Water Resources also re ion for
Remission Rjqoicst."
Both forms should be submitted to the following address.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina, 27699-1617

Option 3- File a Wti Lto r for an administrative hearing,with ,the Office of Administraflys, 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 from 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 Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 pm., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. Yo—u
should contact the Office of Administrative of the
filina process.
The mailing address and telephone and lax 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 DEQ as follows:
Mr, Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1,601
Please indicate the case munber (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 letter, as evidenced by an internal
date time received stamp (riot a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through acivil action. Please be advised that additional penalties maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact OriTuvia with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at ori.tuviaa' ncdenr..gov.
Sincerely,
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTWICATION FOR REMISSION REQUEST
Case Number: L- pI '-1f0 ICounty: Gaston
Assessed Party. "Town of Dallas
Permit o.: NCO068888 AmountAssessed: °
Please use this form when requesting remission of this civil penalty, You must also complete the "Request For Remission,
ft"aaiver of Right to an Administrative Hearing, and °tipulcation of Facts" form to request remission of this civil penalty.
You should attach any docurnents that you believe support your request and are necessary for the Director r to consider in
evaluating your request for remission. please be ace„are 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 theviolation(s) occurred or the accuracy f any of the factual
statements contained in the civil penalty assessment document. .pursuant to l .C. .. § l B-2811(c), remission of civil
penalty may be granted only when one or more of the following five factors apply. 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 1 . ". r. . 1 x .1(b) were wrongfully applied to the
detriment of the petitioner (the µ essrrrentJo tors are listed in the a ivil penalty assessmentdocument);
(b) the violator promptly abated continuing environmental damage resulting from the violation: i.e., explain the
steps that Ft„tart tool, to correct that violation and prevent, inure occurrences)
(c) the violation was inadvertent or a result ofan accident (i.e., explain why the violation was un wida ale or
n something you could not prevent,or , repaare 7°o ) -
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penaltywill prevent payment for the remaining necessary remedial actions (i.e.„ explain
how pgvrnent of the civil penalty sa,ill pr event youfrorrt per trrrraing the activities necessary to achieve
compliance),
,
EXPLANATION:

STATE OF NORTH CAROLINA DEPAXTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CfVlL PENALTIES AGAIN I ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Dallas
Dallas WWTP
PERMIT NO. NCO068888 CASE NO. LV-2017-0031
Having been assessed civil penalties totaling J2,352.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 25 2QJ 7, the undersigned, desiring to seek remission of the civil penalty, 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 further understands that all evidence presented in support of
rearission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty, (30) days
of receipt of the notice of assessment. Nonew evidence in support of a remission request will be, allowed after (30) days
from the receipt of the notice of assessment.
This the day of _'20
SIGNATURE
ADDRESS

town of Dallas
CASE NUMBER, LV�2011-0031
PERMIT:
NCO060888
REGION.
Mooresville
FACILITY,
Dallas WVVTP
COUNTY:
Gaston
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall001 .. 91fluent
Violation
Report
unit of
Limit
Calculated % Over
Violation
penalty
Date
Mon r
Parameter
Frequency
Measure
Value
Value Limit
Type
_A count
9/24/2016
9-2 15
BOO, 5-Day (20 Deg,
3 X week
r dl
19,50
45.39 1323
Weekly
$259.9
- Concentration
Average
Exceeded
9130/21 16
9-2 15
BOD, 5-Day (2 l Deg.
3 X week
m9A
13
1 ,20 24.9
Monthly
$750,00
M Concentration
Average
Exceeded
912412016
.
9-2915
Nitrogen, Ammonia
3 creek
rn 11
5
19.99 232A
Weekly
$250,00
Total (e N) -
Average
Concentration
Exceeded
9/30/2016
9-2915
Nitrogen, Ammonia
3 X week
rngA
2
5.30 153,2
'Monthly
$750,00
Total (as N) -
Average
Concentration
Exceeded
912012016
9-2915
pH
3 X week
su
9
10,99 21.1
DailyMaximum
$0,00
Exceeded
91247f015
9-2915
Solids, Total
3 X week
mgA
45
78,30 74.9
Weekly
250-00
Suspended-
Average
Concentration
Exceeded

DMR Reviqw Record
Facility: nth/Year:
Permit No.: Pipe No.: Mo
�IontlAvre Violation'
Parameter Permit Limit DM R Value % Over Limit Action
Roo ------ 1'6 3 77 _Cf y
TA La&w/
WeeIvdaily
Violations
Date Parameter
Permit Limit
Lire it
DMR Value
% Over Limit Action
(11214
L_
L2 41Y
.3
ULa—
q / 2A
Y S' 211,)/
2--m.
to Parameter PqrmkffNqqMy Values RV .2rted # of Violation Act
)them Violationsistaff Remarks: LA/>'T
I y F C
Supervisor Remarks:
LV 2- 0 1
L� V
Completed by: Date:
V I
Assistant Regional
Supervisor Sign Off: Date:
Regional Supervisor Sign gate: a

if CEN Ef)ri� 001 NRt ;T)�� R'LV
f ri 'fnvia,
W [ :[' N
Ca 10 East Center lkve.
`darite 30
Mooresville, N.C. 2811
ori,
" his:is in response to NOV& Intent to assess civil penalty, rrarc king; #1 O`a,>
2017 INN 0015, issued to the'Fown of Dallas .`fl), laertr.it # N(10068888.
'Fhe violations listed were from an upset at the elan[ in which total laiornas
was destroyed..1,hc cause of this was Metexmi ed to be an, excess amount of lime
was introduced to the influent. l.. nic controls p.l 1. to aeration laa iras.'f'he vale
feeding the linie were either defectiveand not providing, full closure or mistakenly
not ftrllyT closed after i lime feed. `1'his lead us to inn iaate <a lime feed policy effective
October 25,_ 2016, a copy which is enclosed for your viewing. Myself and Michael
Hurt (backup or•c), have read and signed. New lime: feed line has been installed,
with as much more visible discharge, Dallas WkX'171' etriployees regret the:: impact
this has taken on the plant, hart haveactively taken sfelas to insure repeat of
this type would not be in our feature;
'1.'laarile `a"rasa,
2arcicy.

LIME FEEDING POLICY STARTING
TIER 25, 2016
LIME FEEDING MUST NOT RE LEFT UNATTENDED. VALVES TO TALK MUST RE
DOUBLE CHECKED EACH TIME AN APPLICATION HAS BEEN MADE. FAILURE TO
EEO SIB COULD LEAD TO SEVERE DISCIPLINARY ACTION, DO NOT APPLY FOR OVER
FIVE MINUTES WITHOUT FUNNING pa.H ON AERATION BASIN FOR AN EXTENDED
FEED:
SIGNED AND DATED
m_______n _______ _______A__ DATE - .-___ __® __ i
®_ DATE--

DIVISION OF WATER RESOURCES - CIVIL PENALTY
Violator: Town of Dallas
Facility Name: Dallas W TP
Permit Number, NCO068888
County: Gaston
Case Number: L' - 01 -0031
ASSESSMENT FACTOR
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*
The duration and gravity of the violation•,
t
) ThelTect on1;Fround or surface water quantity or quality or on airquality; �
.,fi`
a ..
The cost of rectifying the damage
) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally
W
7) The prior record of the violator in complying or failing to comply with programsover which the
Environmental Management Commission has regulatory authority; and
Review of the last 12 months (September 2015 - AUgust 01 compliance history, of the subject facility found the following
violation:
I October 15 - l Weekly Fecal / NOV

8) The cost to the State of the enforcement procedures.
$102.50
Enforcement Cost', 34.94
1 hour staff time... ... - ...... ---- ................. ........
1 flour supervisor time.. ...... 52�56
Administrative staff cost........ ...... ....... -� �5'00
Total Enforcement Cost $102.50
Z04
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ