NC0020052_Enforcement_20130507

FILE,00
NCD R
n rf I nT rmwimnminnt nnH KlAtHral Resources
1'401 k.,,dj U111 10 UpCt I I IVH
Division of Water Quality
Pat McCrory Charles Wakild, RE John E. Skvarla, III
Governor Director Secretary
May 7, 2013
CEW171FIED MAIL 7010 1870 00011558 1054
LRE TURIN RECEIPT REQUESTED
Honorable Farrel Buchanan, Mayor
Town of McAdenville
100 Main Street
McAdenville, North Carolina 28 101
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO020052
McAdenville WWTP
Gaston County
Case No. LV_2013 -0085
Dear Mayor Buchanan:
flus, letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$347.44 ($200-00 civil penalty + $147.44 enforcement costs) against the "rown of McAdenville.
This assessment is based upon the following facts- A review has been conducted of the self -
monitoring data reported for December 2013. This review has shown the subject facility to be in
violation of the discharge limitations round in NPDES Permit No, NCO020052. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of lmv that the To-�vn of MeAdenville
violated the terms, conditions, or requirements of NPDES Permit No- NCO020052 and North Carolina
General Statute (G.S,) 143-215, 1 (a)(0) 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 IaNv, 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, Michael L Parker, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the Town, of
McAdenville:
woresville Regional Office
Locaton- 610 East Center Ave., Suite 301 Mooresville, NG 28115 One
phow g04) 663-1699 1 Fax [phone] \ Customer Service, 1-877-623-6748 NofthCaroliria
tntemet: http;dlportal, ncdenr or9tWeb*q NWItrallY
An EquJ OPPOftUMO, Afirmative Adon Fmpjoyer - 30% RecycM110% POST GonsuMef War

411
v.
100M
For — I — of the one (1) violation of G.S, 143-215.1 (a)(6) and
NPDES permit No. NCO020052, by discharging waste into the
waters of the State in violation of the pertnit weekly average
effluent limit for biological oxygen demand (BOD),
100.00
For I of the one (1) violation of G.S. 143-215. l(a)(6) and
'NPDES fie rrnit No. NCO020052, by discharging waste into the
waters of the State in violation of the permiweekly average
effluent limit for total suspended solids (TSS).
$----0.00
For- I of the one (1) violation of G.S. 1,43-215] (4)(6) and
NPDES Permit No. NCO020052, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent firnit for biological oxygen demand (BOD),
0.00--
For I '- f G
of the one (1) violation o.S, 143 -215. 1 (a)(6) and
NPDES Permit No. NCO020052, by discharging waste, into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids ("I'SS).
200,00
TOTAL CIVIL PENALTY
S---147.44
Enforcement costs
$ 34T44
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(0, in determining the amount of the penalty I have taken into account the
Findings of Factand Conclusions of Law and the factors set forth at, G.S. 14313-282, l(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 arnowit of money saved by noncompliance;
(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 enforeement'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 of the Department of Environment and Natural
Resources (do not include waiver fiOrin ). Payment of the penaltywill not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.,

Point Source Compliance/Enforcernent Unit
Division of Water Quality
1617 Mail Sendee Center
Raleigh, North Carolina 27699-1617
OR
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 oft e, 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
remission request forecloses the option of an administrative bearing, such a request must be
accornpanied 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 stag rnent 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 detennining whether a remission requestYNill be approved, the following factors shall be
considered:
(1) xvite-ther one or more of the civil penalty assessment fitctors in G.S. 143B-282,1(b) were
wrongfully applied to the detriment of the petitioner, 1
(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) ,vhether 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 in writing. The, Director of the Division of Water 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 Committee on Civil Penalty Rernissions (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" form within thirty (30) days of receipt of this
notice. 'Me 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/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

ma
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 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 of hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.. and 5:00 p,nt,
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 NC GS § 15011-212) 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 ofAdiatinistrative 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 follo-ws:
Mr. Lacy Presnell, 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 the violations are of a cprttinuin nature not rebated to cr eratior
to consider Xing for a Special Order by QonL nt If , have �any u�esfions about thissjyjLpejj�
--gMjvj --- _ qg_�_q�
assessrnent=p�S e�ciaj Order by Consentlease contact e water Q unlit: Section staff of the
Mooresville Inc gional Office a1L7 L4)-66 �3 - j699
J-t' Michael L. Parker, Regi nal Supervisor
Surface Water Protection - Division of Water Quality
Mooresville Regional Office

ATTACHMENTS
MENT
cc: Mooresville Regional Office milli c lc w/attachin, ents
Raleigh fall c nforc men File l attachments
Central File / attachments
_ml /" tt

ATTACHMENT A
CASE NO. LV-200-0085
Outfall
Date Parameter
Reported Value
Permit Limit
001
Week ending 12/29/12 TROD
99.5 mg/L,*
45,0 mg/L (Weekly average)
001
Week ending 12/29/12 Tss
377.0 mg/ P
45.0 mg/L (Weekly average)
001
12/311/ 12 BOD
43.6 mg/l,
30,0 mg/L (Monthly average)
001
12/31/12 TSS
155.0 mg/ L
30.0 mg/L (Monthly average)
Denotes civil penalty assessment
The Town of McAdenville response to NOV-2013-LV-0223
received on April 17,2013,
was reviewed by DWQ staff. Mitigating
'factors were found
that resulted in a reduced
civil penalty amount.

STATE OF NORTH CAROLINA DEPARPA OF ENVIRONNtENT
AND NATURAL, RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT WAIVER OF RICAI-IT TO AN
OF CIVIL. PENA1,TY AGAINST ADMINISTRATIVE HEARING AND
TOWN OF MCADENVII, E STIPULATION OF FACTS
PERMIT NO. NCO020052
FI1.,E NO., LV-2013-0085
Having been assessed civil penalties totaling $147.44 for, violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 7. 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 assessment 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 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 day of 2013
BY
ADDRESS
TEl,,EPlIONE

JUSTIFICATION FOR REMISSION,,RE, QUEST
DWQ Case Number: LV-2013-0085
Assessed Party: Town of MeAdenville
County: Gaston
Permit Number, NCO020052
Amount Assessed: $347.44
Please use this form. when requesting remission of this civil Penalty. You must also complete the
":&,,qvest For Rem issLonffl'ahvLer ()L Ri rht to w1ji dministrati v lJearinrg, an(LSki p�ulytio n� uFmp�
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, document.
Pursuant to N.C.GS. § 143B-28tat (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 ,!���assessment factors in N.C.G.S. 143B-282-1(bj_yLeTe
vvron A a TTlied to tire. &ttiment (if the etitioner the assessment factors are listed
in the civil penal(y assessment docurnent)
(b) the violatoLgr cogt uiiq orpp�l , �abated� flp— g e Its,ironmental darnal, e resultin from thg
...... g_
vi olation (i.e., explain the steps that you took to correct the violation and prevent
jiiture occurrence, ','
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something youcould notprevent ortar eparefor);
(d) the violator had not been assessedcivilt' ious jolafjkns-
(e) payment of the ctitl n It 11 revent p -rnentfgLr the remanuMneggLsary pernedial
_pg_qgy-�y� -A— _ — - —_ -- —
apfj�jns (i.e., explain houpayment of the civil penalty willprevent youjrom performing
the activities necessa)j, to achieve compliance).
EXPLANATION- (use additional pages as necessary)

Violator: To of McAdenville
Facility: McAdenville ww,rp
County: Gaston
Case Number: LV-2013-0085
Permit Number: NCO020052
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;
y
2) The duration and gravity, of the violation;
The BOLA concentration was 195,0 mg/L on December 26, 2012. This elevated concentration
resulted in a weekly average of 99.5 mg/ L (21.1 % over limit of 45.0 mgIQ and a monthly average of
43,6 mg/L (45.3 % over limit of 30.0 mg/L). The four other sampling events during the month had
BOD concentrations of < 11,6 mg/L. The TSS concentration was 750.0 mg/L on December 26, 2012.
This elevated concentration resulted in a weekly average of 377.O mg/L (737,8% over limit of 45,0
mgIL) and a monthly average of 155,0 mg/L (416,5 % over limit of 30.0 mgIL), The four other
sampling events during the month had Bel' D concentrations of < 10.2 mg/L.
3) The effect on ground or surface water quantity or quality or on air quality;
The best use of the receiving stream (Class WS-V — water supply, fish/aquatic life propagation, and
secondary recreation) may be altered due to reduced dissolved oxygen concentrations caused by
assimilation of oxygen -consuming wastes such as BOD and could impact aquatic life propagation due
to increased solids,
4) The cost of rectifying the damage; The cost is unknown,
5) The amount of mone-
y saved by noncompliance; The amount of money saved by noncompliance is
unknown.
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
There have been 17 previous CPAs for the McAdenville W\IVTP with one CPA issued in the past
twelve months,

0 umberDescription
Lip C 1-0{? .7 enit for feel elifcrrr. er�it yid in Ball
F_ ._.._
The east to the State of the enforcement procedures.
The cost to the Division ofWater Quality i 4 '.4 .
D Michael L. Parker, Regional Supervisor
Surface Water Protections
Mooresville Regional Office
Division f Water Quality

PERMITM NCO020052
FACILITY: Town of McAdenville - MeAdenvill oWWTIP
COUNTY: Gaston
REGION, Mooresville
Limit Vidation
MONITORING
OUTFALL
VIOLATION
UNIT OF
CALCULATED
Y�
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12-2012
001
Effluent
800, 5-Day (20 Deg. C) -
12/29/12
Weekly
mgfi
45
11
99 5-'"
121,11
Weekly Average Exceeded
None
Concentration
12-2012
001
Ffflugnt
8001 -Day (20 Dog. C) -
12/31/12
Weekly
mq/1
30
43,6
45,33
Monthly Average Exceeded
None
Concentration
12-2012
001
Effluent
Solids, Total Suspended -
12129/12
Weekly
MgA
451/
3771.737,78
Weekly Average Exceeded
66
None
Concentrabon
12-2012
001
Effluent
Solids, Total Suspended -
12131112
Weekly
rng1i
30
154,,96 LI/
416,53
Monthly Average Exceeded
None
Concentration
�k"""x'-" ck'-