NC0020052_Enforcement_20140425

F I L
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 25, 2014
CERTIFIED MAIL 7011,0 0290 0000 4565 2148
RETURN RECEIPT RhqLTSTED
Ms. Crystal L Certain, Town Administrator
Town of McAdenville
P.O. Box 9
McAdenville, North Carolina 28 101
Dear`'Ms. Certain:
John E. Skvarla, III
Secretary
SUBJECT- Notice of Violation and Assessment of'Ciail
Penalty for Violations of N.C. General Statute
1,43-215.1 (a)(6) and F'DES Permit No. NCO020052
McAdenville WWTP
Gaston Courav
Case No. LV-2014-003 8
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$249.22 ($ 100.0) civil penalty + $149.22 enforcement costs) against the TokNvrt of McAdenvill e.
This assessmerit is based upon the following facts: A review has been conducted, of the self®
monitoring data reported for November 2013. This review has shoNvn the subject facility to be in
violation of the discharge limitations found in NNPDES 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 To�Nvm of McAdenville
violated the terms, conditions, or requirements of NPDES Permit No. NC0020052 and North Carolina
General Statute (G.S.) 14' )-215 . I (a)(6) 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).
I I I Based upon the above findings of fact and conclusions of law, and in accordance 'with authority
provided by the Secretary ofthe 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 hollowing civil penalty assessment against the Tovvii of MeAdenville-
Mooresville Regional Ofte
Locafiom 610 East Center Ave, SOeKl Mooresville, NC 281,15
Phone. (7fg) %-3-1699 l Fax: [phone],3040 s Customer Servim, 1-877-623-6748
Intemet-, hftp:Jiporta1,,ncdenr orgAveb,,wq
An E Ti N -dponu, nq , A ffivravie A0, or« Employer - 30,% Rec'YVIDJ. 10% Pas I C lnal,mer Iper

100 For I of the one (1) violation of G.S. 1a1 -?1 .1(a t 'l and
NPDES Pertrat No. NC00-10052, by discharging waste into the
waters of the State in violation of the permit weekly geometric
inean effluent limit for fecal coliforrn.
10U)o
249.22
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AM01,11TNT DUE
Pursuant to G,S. 143-215.6A(c), in determining the amount of the penalty I ha-ve taken into account the
Findings of Fact and Conclusions off,aw and the factors set forth at G.S. 143B-281 I (b), which are:
(1) The degree and extent of hirm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gra-vity, 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 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 enforcement procedures.
Within thirty days ofreceipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
PaynIent should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver forM). Payrn,ent of the penalty Will not foreclose further
enforcement action for any continuing or new violation(,,,-,).
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Service 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 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 ariy of the factual statements contained in the civil penalty assessment docurtrent, Because a
remission request forecloses the option of an administrative hearing, such as request must be

accompanied by a waiver of your right to an administrative hearing and astipulation that no factual or
legal issues are in dispute. Please prepare a detailed statement that establishes why you theta
the sted
civil'penalty should be renrittod, •and submit it to the Division of Water Resources at address li
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. 143B-282,1(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darriage 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 information presented in support of your request for remission must be
submitted in writing. 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
regarding case status, directions for payn-rent, arld provision for further appeal of the penalty to the
Environmental Nlanagernent Commission's Committee on Civil Penalty Remissions (Committee).
information that was not part of the original
Please be advised drat the Committee cannot consider r ar
remission request considered by the Director. Therefore, it is very iin po taut that you prep e a
complete and thorough statement in support of your request for rernission
In order to request rernissI0117 YOU Must Complete and submit the enclosed "Waiver of Right to
an dministrative Hearinand tipul
ation of Facts", forril within thirty (30) days of receipt of this
Ag S
The Division of Water Resources also requests that you complete and submit the enclosed
d Justifi
notice. cation for Remission Request. " Both rm fos should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
M
File a petition for an administrative hearing with the (}fie 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 fonn from the Office. of
Administrative Hearings, you must file the petition with the Office of` Administrative Hearings
tl
within thirty (30) days of receipt of this notice, A petition is considered filed when it is received in
iAi
the Office of Administrative Hearings during normal office hours. The office of dmnistrative
Hearings accepts filings Monday through Friday between the hours of 8-00 am, and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic rife
an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (iail by f a filing
fee is required by NCGS § 15011-23,2) 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]jax: (919)431-3loll
One (1) copy of the petition must also be served on DEN R as follows.-
N/Ir. Lacy Presnell® General Counsel
D E'N R
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on lag e one ofthis letter) on the petition,
Failure to exercise one of the. Opti011s 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 penaltiesmay be assessed for violations that occur after the
review period of this assessment. If you have any questions about this civil penalty assessment, please
contact the Water Resources staff of the Mooresville Regional Office at [phone],
(D Michael L Parker, Regional SL]penisor
Water Quality Regional Operations Section
Division of Water Resources, NCDE.NR
ATTACHNIENTS
cc: Mooresville Regional Office Compliance File ,v/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
tf ll late _Parameter rte�l Value Permit -Limit
0 l i i 10 nalw,
01 peel~ ending 11/16/13 Fecal coliform 3,534.1 CUII 00 mi:.: (Weekly erne icean)
-Riz Town of Mc denvill;e response to-20144,V- 080 received on March 14, 2014,
was reviewed by DiViSiOD, of Water Resources rees staff: Mitigating factors ,,ere not bu d is
result in a reduced civil penalty.

STATE OF NORTH CAROLINIA
COUNTY OF GASTt
IN TILL Af 'TER OF ASSESSMENT
OF CIVIL, PENALTY AGAINST
TOWN OF NICADENV111E
PERMIT NO rO020 `
14
DEPARTMENT OF ENVIRONMENT
AND NATIJRAI,, RESOURCES
AJVE, . OF RIGHTTO ANADMINISTRATIVE HEARING AND
STTPI L T It)N OF FACTS
I" ILX NO. LV- 0 I T-tf 3
Having been assessed civil penalties totaling 9.22 for violation as set forth in the
assessment document of the Division of Water Resources dated AgLLI 25,2014, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right t to wi administrative
hearing in the above -stated matter and o s stipulate that the acts are as alleged in the assessment
document, The undersigned ned father understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director ofthy: Division of: Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will he
allowed after 30 days from the receipt of the notice of assessment.
'This the day of 2014

DWR Case Number: 1,V-201,4-0038
Assessed Parer `l°cawn urn cAdenville
Counpa Gaston
Permit Number: N('0020052
Amount Assessed: 4 .2
Please use this -fion t when requesting remission of this civil penalty, You must also complete the
",f gl �, rah tr rid, V( �` tiro Administrative e�r�-i � ant t a titi _yc?
fir to request rerrussion of. dais civil peTialty, You should attach any documents that you believe
support your request and are necessary o r the Director to consider in evaluating your request for
remission Please be mare that a requestfor rernission is limited to consideration of the five factors
listed below as they may rebate to the reasonableness of the arnount (if 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. 1. . § 1 31 -2 ,1(e.). rernission of a civil penalty may be granted only when one or
more of 6he following five factors applies. Please check each factor that you believe applies to you
case and provide a detailed explanation, including copies of supporting docuirients, as to why the
factor applies (attach additional pages as needed).
(a) one or more (;)f the L it pgnAlty asses rraent.hi tor in.ti."".N.C.G.S. 1431 282.1
yv-t°c p, q ly rr ,lie . to thedetriment of the petitioner (rim a ssessmerat,txtorEs are lister
in the c ivil aen alty assessment cloc°aarraent )
(b) the viol tL?Uj rpjijpijIjr ab ,t r t nt lrrritr � �nvironnient l dam&c, r� rlItxt from the
viol fiats (i, e.;, explain the steps that you took to correct the violation cartdprevent
juture occ urrrerrces;)-
(c) the violation was inadvertent or a result of an -accident (i.e., explain why the violation
rr^aas a navoic cable or something, v(,,nv could l not prevent of iarryc�r�ar� iarj)
( the violator had-riotbeen assessed eivil.p n r any ,--vious violaticais-,
_ f e paytij ntt of the c.ry_al enn t yFi11 r vg t a rr tsl t}te r t rainirt ns s ar remedial
,
actions (ie- explain how acawnent (,,Ohe civil pe n altr= will prevent _t`ou .iioi a pefbrining
the activities necessary to achieve corn lia ncfe),
EXPLANATION: (use ea a ition l pages av neces°sc ij)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: The "rown of NIcAdenvill-e---
Facility: McAdenville WWTP
County: Gasto.n-
Case Number: LV-2014-0038
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;
The discharge of fecal coliform in excess of the permit limits could cause human health concems
downstreArri of the facillty,i perrnit limit exceeded by 7815%The remiving strearn is the South Fork
of the Catawba River, a class WSN stream in Catawba River basin.
2) The duration and gravity of the violation;
OIK#IW92IIj*IXI1[M� [AIR
3) The effect on ground or surface water quantity or quality or on air quality
The best use of the receiving stream (Uasg W84 — water supply, fish/aquatic life propagation, a
secondary recreation) rnay be altered due to elevated bacterial concentrations. I
4) The cost of rectifying the damage;
The cost is unknown. The contract operator notes in correspondence with the Division that the
chlorine contact chamber was cleaned and sampling in the following monitoring week was compliant
with all permit limits.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown" corrective actions were taken to prevent
further permit limit exceedances.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that 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
There have been 19 previous CPAs for the MeAdenville WWTP with two CPAs issued in the past
twelve months,

The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is 1.
4e
Michael L 'Parker; Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCE)ENR

MONITORING: REPORT(MR) VIOLATIONS for RePort 3° aW 02114114 Pace: 2 of R
PERMIT: NCO025542
FACILITY. City of Hickory - Catawba WW-TP
..
COUNTY: Catawba'-.-
REGION. Mooresville
K
.
e
�Irr11t4 iolaticin
w
p
..E
e
r
g`
i
MONITORING *TFALLI
REPORT PPI
VIOLATION
tabs ATRQh � ARAMETER DATE
FRK RENCY
UNIT DP
MEASURE- LIMIT
CALCULATED
VALUE
;
% OVER 10MIT
'VIOLA'UO
V PE
VIOLATION ACT(CJR�
11 - 0 t 3 01
Effluent calldse TLaC�I uspenr�ed - 11130/13
cncentration
ve�k y
rng1I
30 "
' 41,3 °>
33 4
kiSr�nthiy A er cl Exceeded
None
[ i
�
1
11 e3C13 T
Effluent urwnt L,lads, Total uspend 11P30/13
�:eN"i rticrl `� ,
,Weekty
to /i
#
105 �'
1 3, 3
Weekly Average Exceeded
Non r
4d
PERMIT: NCO020,052
.u.1
FACILITY Town of McAdenville - I cAdenvlile W`W' TP
COUNT``: Gaston
REGION: Mooresville
Limit Violation
s
� d t , »
MONITORING OUTFALL /
REPORT PPI
VIOLATION
LOCATION PARAMETER DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
%OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
11 ,2013 001
Effluent Conform, Fecal ME, M-FO/1116113
ruth,44.5C
Weekly
#iI0I" ml
400
3,5,34,06 "'
'7E3,51
11W"eekly Geometric Mean
Fdc�ne I
Exceeded
,• 1- ` `y
PERMIT. NCO060755
FACILITY: Caroling Water Service Inc of North Carolina -
COUNTY.
Gaston
RAF I W Mooresville
ddlowwood WWTP
thin giatiorl4_,.F
. t
MONIT INO OLJTFA'E,t
REP RIPPI `,
VIOLA" ON
LOCATION PARAMETER;` GATE,,
FREQUENCY
UNIT OF`
MEASURE
ALCULATED
Lileir,,/ VALUE
°1CLtERLt�v11T
VIOLATION TYPE
V{C3LAiit�trACTiCpN
,tt
11 11 001
Effluent DO, Oxygen [)D Ssolved 11/07/11`k
1
Weekly
mgfl
6$:
57 '
Daily Miriimurn Not l sac hed
bran
1111, 013 001
diluent, Did, Oxygen ° Mssolved 11/ 111 \VWeekly
MgA
S
Daily Minimum No I
Noneeached �ne
T

NPDES DMR Violation Penalty Worksheet
Facility:
Previous
Enforcements:
denville WWTP
DMR:
3
Reduced
Penalties:
Proposed
Multiplier:
Response
Information:
NOV-NRE
Response
November 2013
Flow:
0.035 MGD
"No further action" letter sent for July 2013
Yes No Ej
DMR
Comments
Permittee notes that money was spent to repair WVVTP when Two Rivers
Utilities (TRU) took over operations and that the intermittent compliance
problems experienced over the past several years stem from the
antiquated design and the age of the treatment facility. Unfortunately, for
this facility to reliably and consistently maintain compliance with all its
limits, a much more significant capital investment would be necessary.
Their contract operator noted provided responses for the eight factors
used by DWR when assessing penalties.
DMR
Information:
There was one weekly geometric mean fecal coliform (3,534.1 CFU/100
mt.. from the following samples 15,700, >12,200, >23,200, 51, and >6,700
CFU/100 mil collected during the week ending November 16, 2013;
783.5% over permit limit of 400 CFU/100 mL). The November 2013 DMR
contained additional information regarding the violation, Specifically, TRU
noted multiple steps in investigating the cause including checking the
chlorination/dechlorination feed tubes for dead animals, reviewing TSS
results, checking the effluent manhole, cleaning the clarifier launder and
the line leading to the chlorine contact chamber, and finally cleaning the
chlorine contact chamber located below the clarifier (18' deep with a water
depth of 15'). When the chlorine contact chamber was cleaned dark -
colored and turbid water was noted_ TRU has begun performing sludge
judges in the contact chamber to detect any future build-up of material and
the contact chamber will be cleaned as necessary.
Previous
Violation
Information:
Previous CPAs in Dec-12 and Aug-13; July-13 violations met enforcement
threshold but MRO determined that no further action would be sent due to
flooding of WVVTP. NOV also sent in June 2013 for BOD weekly violation
(20°/© exceedance).
Aug-13
There were two weekly BOD violations (74.2% and 19.8% over limit) and a monthly
BOD violation (25 4% over); two of three proposed for penalty. Issues were
thought to be related to the restart of the WWTP after the plant was flooded in July
2013
There was one weekly average BOD violation (57.1% over limit); no further action
letter sent; WWTP was flooded shortly after violation due to severe weather
conditions in region.
Dec-12
There was one weekly BOD violation (121.1% over limit), a monthly BOD violation
(45.3% over), a weekly ammonia violation (737.8`)/0 over), and a monthly ammonia
violation (416.5% over); two of four assessed -only weekly violations. The Town of
McAdenville's contracted operator tried to address issues with the WVVTP due to a
plug in the influent to the WWTP and adverse weather conditions may have
affected the success of these corrective actions.
Other Relevant
Information:
McAdenville WWTP is operated by Two Rivers Utilities. The two
entities have been working to tie the McAdenville WWTP onto City of
Gastonia collection system. Construction of this project is expected in
Spring 2015.
Page 1 of 2
Rev, 0, 1-10/14

NPDES R Viola tn Pena co "k heet
Proposed
Penalty
Final Penalty
Notes:
$100
Penalty
Outcome:
Increase
Decrease
Page`2 of
Rev. 0, 1 10/14