NC0020036_Enforcement_20130924

NUTUI UdfU1111d UtpelUffitin, U1 F—IMIU111HUHL CUM tUILW01 i\U,�UUItaua
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
September 24, 2013
CEWFIFIEDMAIL 7010 0780 0000 5562 1897
RETt, 7R'Nj RECEIElAhQLj�iM
Honorable Frank Guida, Mayor
Town of Stanley
P.O. Box 279
Stanley, North Carolina 28164
SUBJECT- Notice of Violation and Assessment of'Civil
Penalty for Violations of N.C. General Statute
1,43-215, 1 (a)(6) and NPDES Permit No. NCO020036
I aola Street WWTP
Gaston County
Case No. LV-2013-0172
Dear Mayor Merida:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,398.91 ($1,1250,00 civil penalty -1 $148,91 enforcement costs) against the. Town of Stanley.
This assessment is based upon the following facts- A review has been conducted ofthe self -
monitoring data reported for May 2013. This revie-,N° has shown the subject 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 ref law that the rown, of Stanley violated the
teruis, conditions, or requirements of 1'• PD1"S Permit No, NCO020036 and North Carolina General
Statute (G.S,) 143-215,1(a)(6) in the manner and extent show vn itrAttachment A. A civil penalty may
be assessed in accordance with the ma-ximums established by G.S. 143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of laNv, and in accordance with authority
Provided by the Secretary of the Department of Environment and Natural Rlesources 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'rown of Stanley:
Mccresvffle RegicnaG 01soe
L0C3fKX1 610 East Canterke— Suite'301 MoorpqwHe NC 'RI �5 One
Phone IM04) 663-15-311 , Fax 6,63-60401, Customer Seice 1-877_j,23-6748
MwthCarohna
vemel11% A'aftmally
-"' 14"-1 -

-0-0 AQ9---
1,or of the two (2) violations of G.S. 143-215.1(a)(6) and, Iq
'NPDES Permit No. NCO020036. by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit forannnonia.
For I of the one (1) violation of G.S. 143-215.1(a)(6)and
'NPDES Permit No. NC00200316, by discharging waste into the
I
waters of the, State in violation of the permit monthly average
effluent limit fbrammonia.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G,S. 143-215,6A(c), in deterittirring the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of I..,aw and the factors set forth at G.S. 14313-2811 (fi), 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 01'surface water quantity or quality or on air quality,
(4) 'rtie cost of rectifying the damage;
(5) The amount oftrioney sawed by noncompliance.,
(6) Whether the violations were committed wiltlully or intentionallv;
(7) The prior record of the violator in complying or failing to comply with programs over w'vhich
the Environmental Management Commission has regulatory ai4iorlty: and
(8) The cost to the State of the enforceirient procedures.
Within thirty, days of receipt of this notice, you must do one of the following:
1. Submit payment of the peinalty-
payment should be made directly to the order of the Department of EnviTomnent and Natural
Resources (do tint include waiverfbrnr), payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of'.
Im
Point Source Compliance/Enforcement Unit
Division ofWater Resources
1617 Mail, Service Center
Raleigh, North Carolina 27699-1617
OR
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 o[the penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
ofany 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 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 G. S. 143 1 -282. I (b) were
Ns,rongfully applied to tire detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental datnage 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, infortnation presented 'in support of your request for remission must be
submitted in -vvriting. The Director of the Division of Water Resources will review your evidence and
inform you of his decision in the matter of your remi�sion request. The response will provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
F'rivironmental Management Coarinission'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 request remission you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and StipUlation of Facts" forra 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 Collowing address:
point Source Complianc.efl:..tifc)rceriierit Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative bearing 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 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.Ndministrative Flearings during normal office hours, The Office of Administrative

4�Qf'A—n and 5:00n.irr, -qq
Hearings accepts filings Monday through Friday between the hours- . r lectronic rria I il by an
except for official state holidays, "I'll petition may be filed by facsimile (fix) 0 e
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required bvNCGS §150B-23,2)isreceived in the Office oaf Adurinistrative Hearings within
ou
seven (7) business days following the taxed or electronic tra n smission. Yshould contact ttie
()f the filing fee and/or the details of the
,f ice cal' flearings with all questions regarding
filing process, The mailing, address and telephone and fax numbers for the office of Administrative
Hearings are as follows:
Office of Administrative Her
6714 Mail Service Ccriter
Raleigh, NC 27699-6714
'rel- [phone]; Fax: [phone]
one, (I) copy of the petition must also be, served on DENR as follows:
Mr. Lacy Presnell, General Counsel
1. NI 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 of receipt of this notice, as
evidenced by an intertial date/time received sump (not a postmark), will result in this matter being
referred to the ,kttomens General's Office t"or collection of the penalty through a civil action,
Please be advised that additional penalties may be assessed for violations that Occur after the
not related to operation
plations are'-c Lfa-'qoati
review period of this assessment. lf—the�-vni
_re ple j i �tl c,(,Ln a iv Les
andJpE maintenance -is, and -)iL�km
have a abo hjsct�n iyjj -kj
I n) airy qqqsr—iorIs.---u—t, t _R p-jy
to consideLN
too�eL�vi Lle
Ls§_essment o r a
Cracial Order by Cons!ZD-L-P-Icq�e �i
-I
&gZjQnat ffi(�e�!r
-Q -L7Q4) 6 �9
ateaMichael arker, Regional, Supe7isorn)
Mooresville Regional Office
Division of Water Resources
ATTACHMENTS
Cc: Mooresville Regional office Compliance File w/ attachments
Raleigh Compliance/Enforcemen't File w/ attachments
4
C,entral Files w/ attachments
m1phria

Al'T,A(--'HM,ENT A
CASE NO. LV-20t3-0172
Outfall Date Parameter Reported Value Permit Limit
001 Week ending 5/11,113 Ammonia 12. 0 ing/l, 6.O mg/L (Weekly average
001 Week ending 5/25/13 Ammonia 14.0 nrg/L 6,0 rng/L (Weekly average)
001 5/31113 Ammonia 6.7 mg/L 2,0 mg L (Monthly average)
The Town of Stanley did not provide a response to NOV-2013-LV-0500 so DWR to
reviewed the on tints provided on the May 2013 DMR. Mitigating factors were not
found to result in a reduced, civil perialty amount.

STATE OF NORTH CAROLE'NIA DEPAR`I "IFt,N`F OF EN IRONNI'IE
AND NATURAL RESOURCES
COUNTY CAL GA ` O
IN THE MATTER ET OFASSESSMENT 3 WAIVER OF RIGHT TO AN
OF CIVIL, PEINIALTY AGAINST ADI%41NISTRATIVE HEARING AND
TOWN OF STANCLEY STIPULATION OF FACTs
PERMIT NO, NC O02003
FILE NO. LV-20 13-0172
Having been assessed civil penalties totaling 1,398.91 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 24 2013, the undersigned,
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 assesstrient
document. The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division ion of Water Resources within 30 days
of receipt of the notice of assessment. No new evidencein support of a remission request will be
allowed after 30 days from the receipt ofthe notice of assessment
dad cif-_�_._ Gall
�I'l�is the 3
AD RF:SI

JUSTIFICATION FOR REMISSIO�,'� �RE 1�,-'TSr
DWR Case Number: LV-2013-0172
Assessed Party: Twvn of Stanley
County: Gaston
Permit Number: NCO020036
Nmount Assessed: $1,398.91
Please use this forra when requesting remission of this civil penalty. You must also complete the
"&Tue _c
,�LP'or Remissi�)n 'g ulati &z -Ls-
,jt tj Ri _ g&�_to _an Administrative Heari --Q�tuL el
forat 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 remission is limited to consideration of the five lactors
listed below as they may relate to the reasonableness of the, arriount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the, violatlon(s) occurred or
the accuracy of any of the factual statements contained in the, civil penalty assesstrient document.
Pursuant to N.C.G.S. § 14313-282. 1(c), remission of a civil penalty may be granted only when one or
Toore of the folk.)wIng 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 NvIly the
factor applies (attach additional pages as needed).
(a) _p alt
gne ore of the civil jactqrs iij N.C.G.S. 14313-282.1(b—)L:�yere
--qLjn,—
�erojjgfnll appliqd to the detrinjent of tire titioner (the assessinentfiactors are listed
in the civil j-wna1p,, assessment docurnent~)'
s,&tLijg-from the
yighgion (i,e,, explain the steps thatyou took to correct the violation andprevent
"fiaure occurrences),-
(c) the violation was inadvertent or a result ofan accident (i.e., explain iv4y the violation
vvas unavoidable or something you could not prevent or prepareft)r),'
(d) the violator had not been assessed civil pew N us'
41ties f0 a r n , pr rgN lious viplat - --
(e) g4y-mentor f fo� the renia j!JLn 61-4:q e ess 4r mi�dixl
actions (ir e,, explain hou, payment ql'the civil penol4, u,411 prevent youftoni perfin-rning
the activities necessatj, to achieve compliance).
EXPLANATION: (use additional ptzges as necessar.),,)

Violator. Town of Stardev
Facility: Lola Street WWTP
County: Gaston
Case Number: 1.V-2013-0172
Permit Number: NCO020036
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, However, the discharge of ammonia in excess of the permit limits
couild cause a decrease in the instrearn dissolved oxygen doncehttation downstream of the facllity
The receiving stream is Mauriey Creek, a class WS-IV stream, in Catawba River basin.
2) 'The duration and gravity of the violation;
IMF
•
wor-&$ exuee*ea ine 777" dlferd�Pe iWGIMIL 1011t 01 OA� Mg/FiRm
1313% respectively. These values along with ft o1h;
,er samplings in the month (3.6 mg/L, 3,5 mg/L,
and 0.32 mg/L) resulted in a monthly average concentration of 67 mg/L; exceeding the permit limit of
2.0 mg/L by 234,2%-
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 -consuming 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;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The bivision -of Water Resources has no eviderice that the violations Were committed Willfully of
intentionally, The May D:MR notes that the exceedances were possibly due to the Town's decanti
water from the digester back into the ANWTP. I
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 38 previews CPAs for the Lola Street WWTP with five CFAs issued in the past
twelve months.
The cost to the State of the ;enforcement procedures.
The cost to the Division of Water Resources i 1. 1.
Date ich l L. Parker, gi n l Supervisor
Mooresville gird Office
Division ofWater Resources
Water Quality Section

MONITORING"O. VIOLATIONS
Report Grew 08/07113 Page 3 Df 7
PERMIT: NCO032867
FACILITY: Ma'111, „Int+arnational Inc - KinMountain Tr el Plaza
COUNTY:- "C-4oveland
- -
REGION, Mooresville
Limit Violation
s
.. 1
MONITORING
OUTFALL I
"'" REPORT PPI
VI dLATION '„
LO ATIt3N PARAMETER CRATE FREQUENCY
UNIT OF
MEASURE LIMIT
ALa ILLATELi
VALUE %OVERIIMIT
VIOLATION TYPE
41IOLATIONACTION
1
..
'04 - 2013 001
Eflieht� i
N7.3
1B13 Weekly9
ntration
"ry
ld
1t.3 31. g
f�t$Cly Average Exceeded
None
E
PER14 T. NCO066397
FACILITY.: ;Cleveland County Schools R Caner Elementary
Schat
COUNTY: ClevelandREGION:
IUlootaavilla
WWTP
Limit Violation
MONITORINIG OUTFA.L d
REPORT PP6
VIOLATION
LOCATION PARAMETER DATE FRE uE . Y
UNIT OF
MEASURE LIMIT
CALCULATED
VALUE % OVER, LIMIT
Vl6LATION TYPE
VIOLATION ACTION
Q - D 001
Effluent Coliforrrr, Fecal MF, M--FC 0512 113 2 X rnonlh
Erottt,44,E
11ilfirrrl 400
f,040 1E0
Gaily Maximum Exceeded
Non4„Y
05,�'2013 001
Effluent DO, 9xiege , Dissolved 05/22113 Wee
1.
3 3 ..
Daily h9illlrriirn Not Reached
M1lane
PERMIT: NCO020036
FACILITY: Town of Stanley - Lola Street WWTP
COUNTY: Gaston
REGION: Mooresville
LIR`iit Violation
-e h_
��� � �.+,. iti � �' �� �.:� 't,
r.?
MONITORING OUTFAL, (
REPORT PPN
VIOLATION
LOCATION ATfCBN PARAMETER DATE FREQUENCY
UNIT OF
MEASURE UMIT'
CALCULATED
VALUE 3a` OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
tV
4 r -2013 001
Effluent Nitro erg, Ammonia Total (as 05/11/13 Weekly
N} - oncentration
mgll
1 lilt)
W ekly Average Exceeded
None �."'i` i�" .
L t_
4`
tl - 013 001
Effluent Nitro en, Ammonia Total (as 03123113 Weekly
N) oncentration
myl/l 3 "/
14 ... 133.33
Weekly Average Exceeded
None 1 �
iS ®tit 33 i}fl1
Nitro en, Ammonia Total a8
en,
EI�erri ( t3iid1 Weekly
gll �
E. 2i34,
�rldrlit�ly Average Exceeded
Ncan
N) �-
w .
r
8
e
r