NC0020052_Enforcement_20140114

FILE/'n'1
North Carohna Department of Environment and NaturM Resources
Division of Water Resources
Water Qualtly Regional Operations Section
Pat McCrory Thomas A, Reeder John E. Skvaria, III
Govemor Director Secretary
January 14, 2014
CERTIFIED MAK 7010 1870 00011558 1467
RETURN RECEIPT REQLJFSTED
Honorable Farrel Buchanan
Town of MeAdenville
P.O. Box 9
McAdenville, North Carolina 28 101
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. l(a)(6) and NPPE S Permit No. NCO020052
McAdenville WWTP
Gaston County
Case'No. LV-2014-0005
Dear Mayor Buchanan:
This letter transmits a Notice of Violation and asscssment of civil penalty in the amount of
$498,91 ($350.00 civil penalty + $148.91 enforcement costs) against the To of McAdenville.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for August 2013. This review has shown the subject facility to be in
violation of the discharge limitations found 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 law that the Town of McAdenville
violated the terins, conditions, or requirements of NPDES Permit No. NCO 020052 and North Carolina
General Statute (G.S.) 143-215.1(a)(6) in the mainner and extent shovvn 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 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, To of McAdenville:
Locafw ' 610 East Center Ave, Suite 301 Mooresville, NC 28115 One
Phone (704g 663-1699\ Fax, [phone] Custarm Service: 1-877-623-6748 Noi-thCarolina
internet: http:/'portal.ncde�ir,orqiweb/wq
An Equzj oppolunity, Affirnnatwe krmm Employe -- 301% Recyan eadl(v,� Pm'd Cofisumer paper

100-00
For-J -of the two (2) violation(s) of G.S. 143-215. 1 (a)(6)
and NPDFS Permit No, NCO020052, by discharging "'vaste into
the waters of the State in violation ofthe permit weekly average
effluent limit for biological oxygen demand (BOD).
$2-50.00 forte_ I - of the one (1) violation of fix., 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 biological oxygen demand, (BOD).
3%00 TOTAL CIVIL PENALTY
148,91 Enforcement costs
$ 49&9l 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 I,aw and the factors set forth at G.S. 143B-282.1(b), which are:
(1) Tbc degree and extent of harTn 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 arnotint 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 prograins over which
the Environmental Management Cormnission has regulatory authority; and
(8) The cost to the State of the enforcement 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 waiverfortu), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please subinit payment to the attention of:
Point Source Conipliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1.617
OR
2. Submit a written request for remission including a detailed justification for such request:

FF 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 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 betieve 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. 14313-2811 (b),were
wrongfully applied to the detriment of thepetitioner, lting from
(2) whether the violator promptly abated continuing environmental damage res-u
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 tile 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,%ATiting. The Director of the Division of Water Resources will review your evidence- and
inform you of his decision in the matter of your remission request. The response Will provide details
yment, and provision for further appeal of the penalty I Ity to the
regarding ease status, directions for pa
Environmental Management Commission's Committee on Civil penalty Remissions (Committec).
Please be advised that the Committee cannot consider informanon '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 remissiom
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 Resources also requests that you complete arid submit the enclosed.
"Justification for Remission Request." Both form-, should be submitted to the following address:
Point Source compliance/Enforcernent 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 admittistrative hearing. You may obtain the petition forni 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 p.m., 14
except for official state holidays. I he 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, 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 AdministrativeHearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax.- (919) 431-3 Intl'
One (1) copy of the petition must also be served on DENR as follows -
Mr. Lacy Presnell, General Counsel
DFNR
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 aninternal 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 continuing _nature, _not related to operatior
in] OTAi-r 1-m If w� ll 0- ,
assessment or Special Order by Consent lease contact the Lrater Resources staff of the Mooresville
Regional Qffl-ge �t7041)�3-129.
ate) Michael L. Parker, Regional supervisor
'Mooresville Regional Office
Division of Water Resources
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
ndp/ma

AXTACHMENT A
CASE NO. IN-2014-0005
O!qfall Date ParaMe_ter —R&D—O.Eteel Value, PmrnxitLimit
001 Week ending 8/17/13 BOD 78A nig/L* 45.O m&fl, (Weekly average,)
001 Week ending 8/24/13 BOD 53.9 mg/L 45.0 mg/L (Weekly average)
ON 8/31/13 BOD 37.6 mg,,'L* 30.0 mg/i,, (M(--)iithly average)
Denotes civil penaltN assessment
The Town of MeAdenville response to NOV-2013-LV-0706 received on December 20,
2013, was reviewed by DWR staff, Nfitigating factors were not found to result in a
reduced civil penalty arriount.

STATE. OF NORTH TH CA OLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RE SOURCES
COUNTY OF GASTON
IN THE MATTED. OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST j ADMINISTRATIVE ATIVE HEARI I AN
FowN OF MC AI E V ILLE STIPULATION OF FACTS
PERMIT NO. NCO020052
FILE NO. LV-2014-0005
Having been assessed civil penalties totaling $498.91 for violation(s) as set forth in the
assessment docur ent of the Division of Water Resources dated January 1.41,,2014, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated natter and does stipulate that the facts are as alleged it the assessment
docuanent. 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 Resources 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 _ � ._01
BY
ADDRESS
TELEPHONE

FJUSTIFICATION FQR.B�IS�SION �RE L�rEST
DWR Case Number: LV-2014-0005
Assessed Party: Town of McAdenville
County: Gaston
Permit Number: NCO020052
Amount Assessed: $498.91
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re rest -For Ren LlsAon ffaivel Administrative Rear 11
jRqLjA"ndd Sti pulatio a 'Faels jqn�-
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 live 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. § 143B-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 by the
factOTapplies (attach additional pages as needed).
(a) one arkmore of the ciyjLpen lt� a os tiemjactors iri S. 143B-28
Ltbire
�Nful 1pplied _to the detrimenLgf the petitioner (the assessment factors are listed
in the civil penalty, assessment document);
(b) the rojator�rompj -y� the
violation (i.e, explain the steps that you took to correct the violation andprevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violatiom.n
was unavoidable or something you could not prevent or prepare jb�);
(d) the violator had not been, assessed civil penalties -for-MyTpevious violations;
(e) payment ofthe civil penaltywj ILI, prevent payment for the rema' aim ecessar remedial y_
actions (i. e- explain host, payment of the civil penalty will preve nt you ftom pert' fbrmin
g
the activities neeessa?y to achieve compliance).
EXPLANATION: use additional pages as necessary)

Violator: The Town of McAdenville
Facility- McAderl WWTP . .. .... . .
County: Gaston
Case Number. LV-2014-0005
Permit Number: NCO020052
The degree and extent of harm to the natural resources oft e State, to the public health, or to
private property resulting from the violation;
No harm has been documented. However, the discharge of BOD in excess of the permit limits could
cause a decrease in the instrearn dissolved oxygen concentration downstream of the facility. The
receiving stream is the South Fork of the Catawba River, a class WS-V stream in Catawba River
basin.
2) The duration and gravity of the violation;
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 sil fish/acluatic life propagationj and
secondary recreation) may be Altered due to reduced dissolved oxygen concentratiol caused by
assimilation of oxygen -consuming wastes such asBOD,
4) The cost of rectifying the damage;
The cost is unknown.
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

There have been 18 previous CPAs for the Mc denville WWTP with one' PA issued in the past
twelve months.
Case Number r Description
LV- 01 -00 7. � n It f+�r sod T veal kic�r�s. Pei? lt� id in Bill,
8 The cost to the State of the enforcement procedures.
The cast to the Division of Pater Resources is $148,91,
f7Michael L. Parker, Regional Supervisor'
Mooresville Regional Office
Division of Water Resources

Report Date: 12104113 Page: 2 of 5
PERMIT- NCO005274
FACILITY: Kings Mountain Venture #1 LLC - in Mountain
COUNTY: Gaston
REGION, Mooresville
Venture #1, LLv. C
�71'11,A
i imit Violation
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PEI
LOCA'DON
PARAMETER DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE VIOLATIONACTION
08-2013 001
Effluent
pH 08120113
5 X week
su
9
91
I'll
Daily Maximum Exceeded None
P RMIT: NCO020052
FACILITY. Town of McAdenville - McAdenville WWTP
COUNTY: Gaston
REGION: Mooresville
'I Limit Violation
MONfTORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
11
08-2013 001
Effluent
BOD, 5-Da y (20 Deg, C) - 08/17113
Weekiy
mg/1
45
784
71L22
Weekly Average Exceeded None
Concentration
08-2013 001
Effluent
BOD, 5-Day (20 Deg, C) - 08/24/13
Weekly
mg/1
45
53.91
19.78
Weekly Average Exceeded None
Concentration
1
08-2013 001 Effluent BOO, 5-13ay (20 Deg. C) - 08/31/13 Weekly mg/l 30 37.61 2538 Monthly Average Exceeded None
Concentration
FACILITY: Aqua North Carolina Inc - Oakloy Park WTP
COUNTY* Gaston REGION,
Limit Violation
MONITORING
OUTFALL
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
08-2013
001
Effluent
Solids, Total Suspended
- 08/06/13 2 X month
mgfl
45 64 42.22
Daily Maximum Exceeded None
Concentration
08-2013
001
Effluent
Solids, Total Suspended
- 08131113 2 X month
mgjl
30 52 73,33
Monthly Average Exceeded None
Concentration

Facility:
PIrevious . Reduced Penalties: further action" letter sent for July 2013
Violations.
Propost:-rf: NOV�NRE No El DMIR Yes 2 No El
Multiplier: Comments
Response
Information-
- ---------
There were two weekly BOD violations (74.2% and 19.8% over limit) and a
monthly BCD violation (25,4% over); two of three proposed for penalty.
August DMR notes, "it is thought the BOD issues are related to the restart of
the VVWTP after the plant was flooded at the end of July. The plant had no
influent flow for four days, durring which equipment was repaired and flow
DMR
hauled to other VVV\fTPs for treatment. A little over half of the dead activated
Information:
sludge was removed from the WWTP and the plant was reseeeded before
being restarted. The dead sludge was pumped into the digester, however,
some seepage occurs from the digester back into the aeration basin. It is
thought that the dead biomass is causing high effluent BOD. Additionally, the
slime layer on the inside of the tank walls has been sloughing off and some
particles have been visible in the effluent."
Previous Violation Previous CPA in Dec-1 2; July-1 3 violations met enforcement
Information:
threshold but MRO decided that no further action would be sent
due to flooding of WWTP.
There was one weekly average BOD violation (57.1% over limit); no
July-1:3
further action letter sent, WWTP was flooded shortly after violation due to
severe weather conditions in region.
There was one weekly BOD violation (121 . I % over limit), a monthly BOD
violation (45.3% over), a weekly ammonia violation (737.8% over), and a
monthly ammonia violation (416.5% over); two of four assessed -only
Dec-1 2
weekly violations, The Town of McAdenville's contracted operator tried to
address issues with the WWTP due to a plug in the influent to the WWTP
and adverse weather conditions may have affected the success of these
corrective actions.
McAdenville WVVTP is operated by Two Rivers Utilities. There have been
Other Relevant discussions to tie plant onto City of Gastonia collection system. As of
Information:
response letter design is 90% complete and construction is expected to be
completed by Spring 2015.
Propose
Penalty
Penalty
$350 0 increase E] Decrease Same
Outcome:
Final Penalty
Notes:
"k. K,
Page I of I
Rev. 0, 1-10/14