NC0020036_Enforcement_20130826

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NCDENR F I LE
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Oualitv Pronrarris
Pat McCrory Thomas A, Reeder John E, Skvaria, IH
Governor Director Secretary
August 26, 2013
CERTIFIED MAIL 7010 0780 0000 5562 1798
REJURN RECEIP'r 9LQLESTED
flonor able Frank Guida, Mayor
Town of Stantey
P.0, Box 279
Stanley, North Carolina 28164
Dear Mayor Guida:
(,-43s �.6
Notice of` Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. l(a)(6) and NPDES Permit No. NC0020036
Lola Street WWTP
Gaston County
Case No. LV-2013-0160
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of'
$1,148.91 ($ 1,000.00 civil penalty, + $148.91 enfi.-neement costs) against theTown of Stanley.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for a. 2013, This review has shown the su�ject facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO020036. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of 1mv, that the Town of Stanley violated the
terms, conditions, or requirements of NPDES Permit No. NCO020036 and North, Carolina General
Statute (G,S.) 1,43-215, 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximurns established by G,S. 143-215.6A(d)(2),
Based upon the above firidings 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 Twwn of Stanley,
kooresvi4e Regional Office
ocatbn 610 East Center Ave.. Suite 301 Vicioresville, NC 28115 One
�hone (704,1,663-1699, Fa k (704; 663-6040 I Customer Smice 1-877-623-6748 NoilliCarofina
Erllrbve� - 23C

For 1 of the one (1) violation of G.S. 3- 215. �-
a)(6)
(Permit?"i1?1_ discharging waste into t1t
waters of the State in violation of the permit weekly,, average:
effluent limit for ammonia,
i tl.tlti For,— l of the one (1) violation offl. G.S. 1 3-215� 1ta (ta) and
NPDES Per nit No. l CO02 t)36, by discharging waste into the
waters of the State in violation of the permit monthly, average
effluent limit for aznrt on a:
TOTAL CIVIL PENALTY
1 1 1 nfor°cernent costs
1 148.91 TOTAL AMOUJINT DUE
pursuant to G.S. 1 -21 ifa (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 tf.S. 1 42 -2 2,1(bwhich 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 theviolations'.
(2) The duration and gravity ofthe violations-,
(3) The.: effect on ground or surface water quantity or quality or on air quality~
) The cost of rectifying the damage-,
`rhe amount of money saved by noncompliance;
t Whether the violations were committed willfully or intentionally;
12 The prior record ofthe violator in complying or failing to comply with prograrns over which
the Environmental Management Commission has regulatory authority: and
11 The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of thefollowing:
g.
. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural,
Resources dr o not include, waiver rrn). Payment of the penalty will not foreclose further
enforcernent action for any continuing or new violationd s1.
Please submit payment to the attention o
Point Source Compliance/Enforcement Unit
Division of Water Resources
1612 Mail Service Center
Raleigh, forth Carolina 27 -1 1y
OR
, Submit a written request for remission including detailed justification for such rearrest;

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
rernission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of ,my of the tactual statements contained in the civil penalty assessment document, Because a
remission request forecloses the, option, of air 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 why you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In detennining whether a remission request will be approved, the following factors shall be
considered-
(1) whether one or moreof the civil penalty assessment factors in, G.S. 143B-282, l(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation-,
(3) xvhether the violation was inadvertent or a result of" an accident,
(4) whether the violator had been assessed civil penalties for ally previous violations; or
(5) wrliether 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 inw,%,Titing. The Director of the Division of Water Resourceswill 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
Environmental Management Commission's Committee on Civil Perialty, 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 request remission, you most complete and 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 forms should be submitted to the following address:
Point Source Compliance/Enforeernent Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 form from the Office of
Administrative Ilearings. You must file the petition with the Office of. dmini trative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in
the Office of Administrative flearings during normal office hours. The Office of Administrative

Ifearings accepts filings Monday through Friday between the hours of 8-00 a-rn, and 5:00 p.m.,
"I -n7y an 4
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 faxed 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 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 DENR as follows:
Mr. Lacy Presnelf, 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 fear violations that occur after the
review period of this, assessment. If the violations are of -a contmmngpAt',ure, _rjot related to TIWA(
and rnaintenarree f?rohlerxt wa ip
I Von mlic -are rerngAjal construction activities".,Lh i you may N sh
—U— — --- --=— -!�i_ ._Lj,
to_,consider ap (r Spe6ujtQE(erbKCotjs p have an s �vil enalt,
. L_ -pjykig_f -L—_ z-g1it. ff �- -tL--y-qq��stions about tht-,��
assessment or a spegral Order h,Consent lease contact the Water Resources staffofthe Mooresville
i/Xie)
ATTACHMENTS
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Division of'Water Resources
cc, Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement, File w,-/ attachnients
Central l"iles w/ attachments
mlp/ma,

PPFr'
ATTACHMENT
CASE NO. LV-2013-0160
IFfOutfall ate Parameter Reported Value Permit Limit
001 Week ending 4/13/13 Anininrria 8.5 mg/L 6.0 to /L (Weekly average)
001 4/30/13 Ammonia 4.35 ./l, 2.0 rng,IL(Monthly average)
The Town of Stanley response to NOV-2013-1,V-0452received to August 19, 2013 Naas
reviewed by DWR staff. Mitigating atin factors were not found to reedit in a reduced civil
penalty amount,

STATE OF NORTH CAROLCAROLINI, A DEPAW17MENT OF ENVIRONMENT
ONMENT
AND NATURAL RESOURCES
COUNTY N l`Y GASTON
iN 'pF E wNTTER, OF ASSESSMENT 'WAIVER OF RIGHT TOAN
i
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
TOWN OF STANLEY) STIPULATION OF FACTS
PERMIT NO. Nf O020 36
Having been assessed civil penalties totaling ���1 fir �ir�latirsn s� �� t forth in the
assessment document of the Division of Water Resources darted Anaust 26, 20; the undersigned,
desiring to seek remission of the civil penalties, dies hereby waive the right to an adannistrative
fearing in the above -stated matter and dries stipulate that the facts are as alleged in the assessment
docurnent The undersigned further understands that all evidence presented in support of remission of
this civil penalty nest be submitted to the Director of the Division n of eater Resources within 30 days
of receipt of the notice of assessment, No new evidence in support ofu rernission request will be
allowed after 30 daysfrom the receipt of the notice of assessment.
ent.
FIpis, the, � � .� � day of"___.__ .___ ____ M_.m _: __> 2013
B
ADDRESS

JUSTIFICATION FOR REMI SSjQN2hQLM
e Number: LV-2013-0160
ASSeSSed Party: Town of Stanley
County: Gaston
Permit Number: NCO020036
Amount Assessed- $1,148.71
Please use this forin when requesting remission of this civil penalty, You must also complete the
"R,eq st Fq &L iission Wqi�,ero,R Att_j�Lcare Administrative Heart d Stipulation a 1acts
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 inevaluating your request for
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. § 14311-282.1(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 civiLpeg ty assessment factors in N,C,G.S. 14313-2$2.11bl, were
(the assessment fiwtors are listed
in the civil penal4, assessment document
(b) the violatorTr_QTr h, abated confirmin, environmental darnage resulting f he pp _--s ------g _gj --g- -ftotiLt -
violation (Le_ explain the steps thatyou took to correct the violation andprevent
_Nature occurrences)
(c) the violation was inadvertent or a result ofan accident (i.e., explain wily the violation
was unavoidable or somethingyou could not prevent orprepare./br):
�d) the violator had not been assessed
(e) for the remaining necessary remedial
actions (i, e., explain how payment of the civil penalty will prevent youftom peforming
the activities necessary to achieve complia.nce).
EXPLANATION: ({arse additional pages as necessarj)

Violator: Town of Stanlev
Facility:: Lola Street WWTw.P
County: Gaston
Case Number: LV-2013-0160
Permit Number: NCO020036
1) T he 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. However, the discharge of ammonia in excess of the permit limits
could cause a decrease in the instrearn dissolved oxygen concentration downstream of the facility.
The receiving stream is Mauney Creek, a class WS-1V stream, in Catawba River basin,
2) The duration and gravity of the violation;
The ammonia concentration was 8 5 mg/L on April 10, 2013, which exceeded the daily maximum
permit limit of 6,0 mg/L by 41,7%. The value along with the other samplings (3.8 mg/L, 3.1 mg/L, and
.Cl mg/L) resulted in a monthly average concentration of 4,35 mg/L; exceeding the permit limit of 2.0
mg/L by 117,5%,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Ammonia is treated as an in -stream toxicant by the
State of North Carolina because it is an oxygen - consurn in waste, Increased concentrations above
the permit limit when broken down in the receiving stream could reduce the amount of oxygen
available to aquatic organisms,
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
There have been 37 previous CPAs for the Lola Street WVVTP with four CPAs issued in the past
twelve months.

The cast to the State of the enforcement procedures.
The cast to the Division of Water Resources is $148.91,
Michael L. barker, 'Regional Supervisor'
Mooresville Regional Office
o
Division of Water Resource
Water Quality Programs

MIT: NCO0200 6
FACILITY, Town of Stanley - Lola Street WWTP
COUNTY: Gaston
RMooresville
Limit Violation
r e
„:r.• .
MONITORING OUTFALL
REPORT PPI
LOCATION l�ARAMETER
VIOLATION
LATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE a OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
C tl (ttt
tt1trt Nitro n, Ammonia Total as
Ny - 8oncentration
I41111
Pkli
M/i
.E 41,67
Weekly Average Exceeded NrarM a L.-
04-2013 iitil
Eftent Nitrogen, Arrtrraon�a Total (as
�oncentr
i3471�/t
V�ee�1
rrsll
4,35 - 117.
Monthly Average C`xcaa�ta�l' Nc�I7
N) - tion