NC0025861_Enforcement_20150902

Pat McCrory Donald van der Vaart
Governor Secretary
September 2, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3229
RETURN RECEIPT REQUESTED
Mr. Al Greene, it Manager
City of Lowell
101 West First Street
Lowell, NC 28098
SUBJEC'n Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-:2215 .1 (a)(6) and NPDE S Permit No. NCO025861
City of Lowell WWTP
Gaston County
Case No. LV-2015-0152
Dear Mr. Greene.
"I'lus letter transmits a Notice of Violation and assessment of civil penalty in the ainount of
$396.97 ($250 civil penalty, + $146.97 enforcement costs) against the City of Lowell,
This assessment is based upon the following facts, A review has been conducted of the self -
monitoring data reported for April 2014, This review has shoNNm the subject facility to be in violation
of the discharge limitations found in NPPE S Per-nnit No, NCO025861 . The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lowell violated the
terms, conditions, or requirements of NIIDES Permit No. NCO025681 and North Carolina General
Statute, (G.S.) 143-215.1(a)(6) in the mariner 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 oaf 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 City of Lowell -
Mooresville Regional Office
Location. 610 East Center Ave., Sulte 301 Mooresville, NC 28115
pr"ore f,7U) 65953-1699 \ Fax. f,','04) 663-60401 Customer Servtca: 1-877-623,6748
lnlefnet: http:,,,Iportal,ncdeTir.orglweb.,Iwq
An EkjPnrkyer -30% llecydedM^ PW (;unsmnerpaper

$250.00
$— 250.00
$— 146.97
$— 396.97
For I of the one (1) violation of G.S. '143-215. 1 (a)(6) and
NPDES Permit No. NCO025861, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit four total suspended solids.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL A -MOUNT DUE
Pursuant to G,S. 143-215.6A(c), in determining the amount oaf the penalty I have taken into account, the
Findings of Fact mid Conclusions of Law 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) 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) '11ie amount of money saved by noncompliance;
(6) Whether the violations were con-unittedwillfally 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 procedure,-,.
Within thirty days of receipt of this notice, you must do one of the following:
1. Suit payment of the penalty:
Payment should be made directly to the order aft e Department of Environment and Natural
Resources (do not include uwiver,tbrnt). Payment of the penalty will not foreclose further
enforcement actionfor any continuing or new violation(s).
Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
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 requestfur 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 believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In deter-nining whether a remission request will be approved, the f'ollowing 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 damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an acciderft,
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether paym
ent of the civil penalty will prevent pa-
yment 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
im'orni 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 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" form 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 following address:
Wastewater Branch
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 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 ofreceipt 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.,

except for official state holidays. The petition may be filed by facsimile (lax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and afiling fee (if a filing
fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings Nvithin
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]
Fax: [phone]
One (1) copy of the petition, must also be served on DENR as follows:
T Mr, Sam M. Hayes, General Counsel
DENR
1601 Mail Senrice 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 you have any questions about this ci-vil penalq, assessment please
contact staff in the Mooresville Regional Office at [phone],
4T1t-11'e1r--
Michael L. Parker, Regional Supenisor
Water Quality, Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

XTTACHMENT
CASE NO. LV-2015-0152
ut a l Date F ram ter Rep_ortedValue Permit Limit
1 week ending 4/1 / 14 TSS 112.g-,'1 45 mg/L (Weekly =Eerage
Denotes civil penalty assessment
'The City of dwell response to N y 01 -L -0 179 dated March 24, 2015 was reviewed
by DWR staff. Mitigating factors were not found to result in a reduced civil penalty
count.

COUNTYSTATE OF NORTH CAROLINA
OF GASTON
IN ITIE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF LOWELI
PERMIT NUMBER NCO025861
DEPARTMENT OF ENVIRONMENT
AND NATURALSOUR
AINTER OF RIGHT TO AN
ADMINISTRATIVE R ARI IG Al l
STIPULATION F FACTS
FILE NO. LV-` 01 _ I
Having been assessed civil penalties totaling $L96.97 for violation(s) as set forth in the
assessment document of the Division f Water Resources dated March 20 015, the d r i n d.
desiring to seek remission of the civil penalties., does hereby waive the right to an administrative
hearing, in the above -staled matter and dries stipulate that the facts r as alleged in the assessment
document. The undersigned further understands that, all evidence presented in support of rem. i sion of
this civil penalty nest 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 remiSSi0a request will be
allowed after 30 days from the receipt of the notice of assessment.
This the .._ day of ` 01

JUSTIFICATION O S �SI N REQUEST
R Case Number: LV- 01 - 1 3
Assessed Party: City of Lowell
County: Gaston.
Permit Number: NCO025861
Amount Assessed; $396.97
Please use this form when requesting remission of this civil penalty. YOU must also complete the
4, ' ue{st For Remission 11'ca' i ht to an Administrative � r�aarlra * nc� ''tt arlaaticrra as t' cac is .I)
formto request remission of this ciwrl penalty. "ou 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 he 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 arnount 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 .C.. .S. § 143 -3 2.1(c), remission of a civil penalty may be granted only when one or
more of the followving 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) ne or s
snore of tlae civil penalt "assessment factors in , , . 143 r� were
.1 tb
vwron fu11 a lied to tlae detriment of the titioner (the rassessment lta tars rare listed
rr thevtlerzcalty casr.ssrrrrrtlrrcarrraerrtl
(b) the violator sons tl ;abated continum nvironrnent l da ,e re ultin , from the,
violation (i e., � laattz the steps t�ar�t y>�ar took to c rar correct t the "iol�ati r- ven
rrtur� oc° 1arr' sac. sl
(c) the violation was inadvertent or a result of an accident (r. e , explain nwky the violation
ivas € n avoidlrabk, or something you could notprevent or prep are for);
(d)the violator had.. not 1aera a.�sessed iv�l enaltie for rev�ou� vrolatic�ns;
(e a went of ho civil halt will revert a ra rat for the re ainin nec ssar e edial
actions (.c. slur ltca s° arrt rra rr er 'tla lwal p aal y ivill,rrr -event .t'caaa rarrra performing
flee ca�°taw7taes racsc�#ss°rarer to cxc�lriwR c°crrralirrerj:-
I. ANI AT .- (ease additional Pages as necessary)

Violator: City of L,Owell
Facility:„ of 1 rae11T1�
County: Gaston
Case Number: LV-2015-0152
'Permit Number: NCO 025861
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;
2) The duration and gravity of the violation;
The TSS Weekly average effluent limit Violation exc66ded the permit limit by 11275% during the
month of April 2014,
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 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;
There have been 23 previous CPAs for the City of Lowell WWTP with the last CPA being issued on
July 22, 2015 for weekly and monthly TSS violation that occurred in March 2013,

8 The cast to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146,97,
*Dae Michael L. Parker, Regional Supervisor
Water Quality regional Operations Section
Division of Water Resources, NCDENR