NC0020052_Enforcement_20120330

F LE
.7. IRW -
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. Dee Freeman
Govemor Director Secretary
March 30, 2012
(21<10S Z46
CERTIFIEDNI,IL 7010 2780 0003 14619423
RUFURN RFCEIPT RLQUF—STED
Honorable Farrel Buchanant
Town of NIcAdenvi Ile
100 Main Street
MeAderoville. North Carolina, 28101
SUBJECT: Notice of Violatiork and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215, 1 (a)(6) and NPDES Pen -nit No. NCO020052
Mc Adenville W',&,'TP
Gaston County
Case No. LV-2012-0063
Dear Mayor Buchanan:
This letter transmits a No,tice of Violation and assessment of civil penalty in the amount of
$262-78 {$125,00 civil penalty + $137.78 enforcement costs) against the Town of McAdenville.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for December 011. This review has shown the subject facility to be in
violation of the discharge limitations found inPDES Permit No. NCO020052, The violations are,
summarized in, Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the `foxy of McAdeville
violated the terms, conditions, or requirements of NPDES Permit No. IC` O020052 and North Carolina
General Statute (G.S,) 143-215. l(a)(6) in the manner and extent shown in Attachment A. A civil
penalty ma., y 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 Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the Town of
MeAdenville:
Mooresvifle Reqponal Office
Locator: 610 East Center Ave, SuRe 301 Mooresville, NC 28115
Phorrei (704) 663-16990 t Fax 1,704) 663-6040', Customer Service: " V7-623-6748
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125.00
$---.- 12100
137.78
$ 26178
For-1 of the one (1) violation of G.S. 1 3-215. 1 (a)(6) and
NPDES Permit No. NCO020052, by discharging waste into the
vvaters of the State in violation of the permit weekly geometric
mean effluent limit for fecal coliforin.
TOTAL CIVIL PENALTY
Enforcement costs,
TOTAL AMOUNT DUE
Pursuant to G.S. 143-2.15.6A(c), in determining the aniourit of the penalty I have taken into -recount the
Findings of Fact and Conclusions of Law turd 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) 'flie 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 coni-naitted willfully or intentionally;
(7) "I"he prior record of the violator in complying or failing to comply with programs over Nxrhich
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the entbrcernent procedures.
Within thirty,, days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order oft o Department of Environment and Natural
Resources (dt,,,) not include waiverjbrim), Payment of the perialty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
im
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 procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factuaJ statements contained in the civil penalty assessment document, Because a

125.00 For. I --- of the one (1) violation of G.S. 143-21 -5,1(a)(6) and
NTDES Permit No. NCO020052, by discharging waste into the
waters of the State in violation of the- permitweekly geometric
inean effluent limit for fecal coliform.
$-- 125M TOTAL CIVIL PENALTY
S----- 13T78 Enft-)rcement costs,
S----262-78-.--- TOTAL AMOUNT DIJE
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 off,aw and the factors set forth at G.S. 14313-282-1 (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) 'J'he 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 darriage;
(5) The arnount of money saved by nonconVliance,;
(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 enforcernent procedures,
With.in thirty days of receipt of this notice, you must do one of the fbllowing
Submit payment of the penalty:
Payment should be rnade directly to the order of the Department of Envirctriment and Natural
Resources (do not include waiverform). Payment of the penalty will not foreclose ffirther
enforcentent action for any continuing or new violation (s),
Please submit payment to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 uray relate to the reasonableness of the amount of the penalty assessed. Requesting
refissionis not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of -,my of the factual statements contained in the civil penalty assessment document. Because a

reinission 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 Quality 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. 14313-282.1 (b) were
wTongfully 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 t or the remaining necessary
remedial actions.
Please note that rail information presented in support of your request for remission must be
submitted in writing, ]'he Director of the Division ofWater Quality 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
Environmental Management, Commission's Cominittee 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 rentission.
In order to request remission, you must 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 Quality 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/Enforeement Unit
Division of Water Quality
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 frour the Office of
Administrative Hearings. You must file the petition with the Office of Admirristrative 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. Fhe Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
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

t
fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings -within
seven (7) business daysfollowing 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 Ndrainistrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mil Service Center
Raleigh, NC 27699-6714
Tel- [phone],Fax: [phone]
One (1) copy of the petition must also be served on DENR asfollows:
Mary Penny Thompson, General Counsel
1) ENR
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 the violations are ofa continuing ition
to consider appAling for a S p did C rder by CoqsentT etp tr ut this civil
assess ment.pjr.,-q-5,pppujI Order bv,_C_qnsent t�� e contact the Water qalj , Section staffof the
,p
Mooresville Regional Officg
(Date) Robert B. Kxebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTA,CHNIENTS
CC" Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
rk-,/ma

fee is required by NCGS § 15013-23.2) is received in the> Office. of Administrative Hearings within
seven (7) business days following the famed or clectrome transmission, You should contact the
Office of Administrative .14carings with all questions regarding the filing fee and/or the details of the
filing process, The mailingaddress 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
'rei- [phone]; Fax.- (919) 431-3 100
One (1) copy of the petition must also be served on DE NR as follows,
Mary penny Thompson, General Counsel
f)FNR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as fund on page one of this letter) on the petition
Failure to exercise one of the options above within thi-ay (30) days of receipt cif this notice, as
evidenced by an internal date/time received, stamp (not a postmark) I argil. 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
revieNN,, period of this assessment, If1he violations Lire of a continuintr, t re that re,14t d o o -gration,
a.nci'ormaiiiten,atie e.pL�)bleiiis,�gid ouanlj i e rpingdial constructuLtj agtivid es qyoq m N: is
L-)— tqT4t_ �tbg_ —_A, _�y Al
(Date) Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
CCMooresville Regional Office Compliance File w/ anacbments
Raleigh Compliance/Enforcement File vv/ attachments
Central Files vN/attachments
rk/ma,

ATTACHNIENTA
CASE NO. LV-2012-0063
Outfall Date Parameter Reported V I alue Permit Limit
001 12/10/12 Fecal coliform 1,733 CFU/100 ml, 400 CFU/100 rril,
(Weekly geometric mean)
Town of McAdenville response to it" V-2012-LV-0 164 received on March 28, 2012,
was reviewed Syr DWQ staft' Mitigating factors were found that resulted in a reduced
civil penalty amount.

TA,rE OF NORTH CAROLINA DEPARTMENT OF ENV, IRONMENT
AND NATUR_NL PUESOURCES
Cot.TNTY OF GASTON
Ili THE MATTER OF ASSESSMENT WAIVER OF RIGHTTO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING RING AND
T W F MCADENVILLE STIPULATION OF FACTS
FILE NO, LV-2012-0063
Having been assessed civil penalties totaling . for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 30, 2012, the undersigned
desiring to seed remission of the civil penalties, does hereby waive the right to an admini trative
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 remission of
this civil penalty trust be submitted to the Director of the Division of Water Quality within eft 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 ofassessment.
This the I-.-------,---.,—,— day of �.. _ �__...._ _ �. � � _.� AA_M dl
BY
ADDRE,SS
TELEPHONE

STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENT
AND NATURAL RESOURCES
E
COUNTY OF GASTON
INTHE NIAITER OF ASSESSMENT WAIVER OF RIGHT TO Al l
OF CIVIL PENiVLTY AGAINST ADMf I TR,, TlVE HEARING AND
l
TOWN OF MCADENVILLE STIPULATION OF FACTS
FILE NO. LV-2012-0063
1- laving been assessed civil penalties totaling + . for violation(s) as set forth in the
assessment document of the Division of Water Quality dated M�r (i} t}I .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 its the assessment
document. The undersigned farther understands that all evidence presented in support ofrcnaa sign o
this civil penalty must be submitted to the. Director of the Division of Water Quality 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 _ dad r�l" .__ 2012
I
ADDI(ESS
TELEPHONE

Violator: Town of McAdenville
Facility: McAdenville WWTP
County: Gaston
Case Number: LV-20.12-0063
Permit Number: NCO020052
1) The degree, and extent of harm to the natural resources of the State, to the public health, or to
private propert-
y resulting from the violation - No environmental harm has been established.
2) The duration and gravity of the violation;
The effluent fecal coliform concentration was 1,733 CFU/1 00 mL on December 8, 2011 . This was the
only fecal coliform analysis completed during the week ending December 10, 2011, so it violated the
weekly geometric mean limit of 400 CFU/1 00 mL.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Fecal coliform is an indicator species for possible
pathogens and increased levels can signal human health hazards.
4) The cost of rectifying the damage - The cost is unknown.
5) The amount of one saved by noncompliance - The amount of money saved by noncompliance is
unknown, The Town of McAdenville recently switched operators at their WVVTP. The new operator
required upgrades to the back-up power supply and auto -dialing capabilities at the WWTP A March
2012 inspection of the WWTP commended those improvements,
1111 11�11111liil I Ilf I I I I 1q,
gall IIIVMjMIIjLWIlL*
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 16 previous CPAs for the McAdenville WWTP with one CPA issued in the past
twelve months. LV-2011-0236 was assessed for a weekly average BOD violation in May 2011 -1 the
penalty was paid in full,
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $137.78,
Date
Robert B, Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for: Report Date: 03/08/12 Page; 2 of 4
PERMIT., NCO020052
FACILITY: Town of McAdenville - McAdenville WWTP
COUNTY:
Gaston
REGION: Mooresville
Limit Violation
4—
4
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED
REPORT PEI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT y
VALUE
0/. OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12-2011 001
Effluent Coliform, Fecal ME; M-FC
12/10111 Weekly
91100ml
400
1,733
333.25
Weekly Geometric Mean
Norle
Broth, 44,5C
Exceeded
4,
"k
PERMIT: NCO020966
FACILITY, Town of Spencer Mountain - Spencer Mountain WWTP
COUNTY:
Gaston
REGION: Mooresville
mit Violation
-,v
MONITORING 6%)TFALL I
VIOLATION,
ONIT OF
CALCULATED,,
REPORT `PpI
LOCATION PARAMETER
DATE, FREQUENCY
MEASURE
LlMJT
VALUE
'�',OVER LIMIT
'VIOLATION TYPE
AOLATION ACTION
12-2011 001
Effluent Chlorine, Tritat Residual
1211,6111 2 X week
U g/i
28
88
214,29
'Daily Maximurn Exceed6d
None
12-2011 001,
Effluent Solids, Total Suspended -
12, 1111 VV..kly
rogit
3g 4
39.5
31,67
Monthly Average Exceeded'
None
Concentration
12-2011 001
Effluent Solids, Total Suspended -
IgI31 /11 Weekly
lIngll
45
46
'222
V�eekly Average Exceeded i
None
Concentrafion
PERMIT: NCO025496
FA61LITY: City of Libcointon - Lincointon WVffP
incsiln COUNTY: 43
REGION: Mooresville
Limit Violation
MONITORING OUTFALLI
alEPORT PPI
VIOLATION
UNIT OF
CALCLaLATPL
LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
V1,PLATION ACTJON
2-2011 001
. ...
Effluent,` Antimony, Total (as Sb)
... ... ..
92 /14/11 Monthly
ug/i
52 v
88
69.23
Dady Maximum Exceeded
N 6qe

JUSTIFICATION FOR RFMISSLQIN RE -QUEST
DWQ Case Number: LV-2012-0063
Assessed Party. Town of McAdeny ille
County: Gaston
Permit Number: NCO020052
Amount Assessed: $262.78
Please use this forin when requesting remission of this civil penalty. You must also complete the
- ec yest For c mission., Wqjyer RLffight to an Administrative fleariU.- and StivulatigIL-of acts,,
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 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 docurnent.
Pursuant to N C.G. S. § 143B-282. I (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 Dmalty_ ssrqent factors in N,C.G.S. 143B-28LILbj ve e
wrongf filly a pp Liqd to the detritrign f th"qjftoner (the assessment actors are listed in the civil
_
penalty assessment documenr);
(b) the violator prom p rn the
y_Lqlation (i.e., explain the steps that you took to correct the violation rand prevenifititure occurrences):
-- --- - (c)
was unavo
(d)
or somethingyou could not prevent or prepare for),-
the violator had not been assessed civil altig� for
— pgn—
(i.e., explain wl�y the violation
a 7 JK I -pre for the remaining-ggeg.-s, edial
(e) p ment of the L sqty-rein—
AcLioq,s xplain how payment of the civil penalt ortning the activities
1_ (i, e,, e, y ivill prevent you pe�f
necessary to achieve compliance).
EXPLANATION: (use addilionalpages as necessary)