NC0044440_Enforcement_20120713

Ak * '&
FILE
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman
Govemor Director Secretary
July 13, 2012 (7
CERTIFIED MAIL 7010 2780 0003 1461 9683 Zoe Z-
RF,TURN RECEIPT gLQUESTED
Mr. David P Hodgkins
City Manager
City of Cberryville
116 South Mountain Street
Cherryville, North Carolina 28021
S U B J E C] Notice of Violation and Assessment of Civil
Penalty I"or Violations of N.C. General Statute
143-215, 1 (a)(6) and NPDES Permit No. NCO044440
:hers y-ville ww'rP
Gaston County
Case No. I-V-2012-0120
Dear Mr. Hodgkins,
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$387.78 ($250.00 civil penalty + $137.78 enforcement costs) against the City of Cherryville.
This assessment is based upon the followingfacts-I A review has been conducted of the self -
monitoring data reported for March 2012. This review has shoAm the subJect facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO044440. 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 Cherry-ville violated
the terms, conditions, or requirements of NPDES permit No. NCO044440 mid North Carolina General
Statute, (G.S.) 143-215.1(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),
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, Marcia Allocco, Acting Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the
City of Cherryville:
NooresO� e ROonal Office
Location 610 East Center Ave ' Suite 301 Mocresvifle NC 28115 One
Phone [phone] l Fax: [phone] \ CUstorner Service, 1-877-623-6748 NofthCawlina
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A Equai Cwurtunily , Alfmnauv A1,11 I/ vil"ITUI/Y

250-00
J37.78
387.78
For , " 1,­ of the one (1) violation of GS, 143-215. 1 (a)(6) and
N'PDES Pe it No. NC,0044440, by discharging waste into the
waters of the State in violation of the Permit weekly average
effluent limit tor fecal coliform.
'TOTAL CIVIL PENALTY
l'1,'n,t`c)rcement costs,
TOTAL A NIOUNT DUIE
Pursuant to G,S, 143-215,6A(c), in determining the amount of the penalty I have taken into account the
Findings offact and Conclusions off,aw and, the factors set fi.)rth at G.S. 143 B-281 1, (b), which are I-
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting frout the violations-,
(2) The duration and gravity of the violations:
(3) The et"fect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifving the daniage;
(5) The aniount of money saved by, noncompliance;
(6) Whether the violationswere committed willfully or intentionally,
(7) The prior record of the violator in complying or tailing to comply with prograinis over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt ofthis 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 Envirownent and Natural
Resources (do not include waiverjbrn�), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of,,
Point Source Compliance/Enfare ernent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Um
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for rernission is limited to con: ideratiort of the five factors listed
below as they may, relate to the reasonableness of the unount 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 containedin the civil penalty assessment document. Because at

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 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 rnore, of the civil penalty assessment factors in G,S. 1 313-282.1(b) Nvere
wrongfully applied to the detriment of the petitioner,
(2) whether the violator promptly abated continuing environmental darnage 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 remaing necessary
remedial actions.
Please note that all inf'ornration presented in support of your request for remission most be
submitted in writing. The Director of the Division of Water Quality will review your evidence and
unbmi 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
Environritental Management Corninission's Con-inuttee on Civil Penalty Remissions (Committee),
Please be advised that the Cratimittee cannot consider infc)rmation 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 f',acts " forin 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 f(-.)Ilowiiig address"
Point Source Compliance/Enforcetrient Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-16 17
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 Flearings
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, 'rhe Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. arid 5:00 p.rn_
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 NCGS § 1 50B-23 .2) is received in the Office ofAdministrative Hearings within
seven 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, 'I'lic mailing address and telephone and fax numbers for the Office of Administrative
fle,u,ings are as follows:
Office of Administrative I learings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEN R as follows:
Mary Penny Thompson, 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 bv an internal date/time received stamp (not a postmark), wdresult 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 contin
and/or maintenance PxQhIkm--S'jqud ypu arth
to consider qppLy jn&fqr a ecial order b , 'Onsen if'you hayse
X 'v4� assessment qr_aS'pqci4I Ordpr by ie W--jjn
Mooresville e Jon4l Office at 6 -3,-_ L(
IQ -
(Date) Marcia Allocco, Acting Rlej
Surface Water Protection
Mooresville Regional Oft c
Division of Water Quality
uL
ATTACHMENTS
cc* Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files",/ attachments

ATTACHMENT A
CASE NO. LV-201,2-0120
Outfall Date Parameter Reported Value Permit Limit
001 Week ending 3/24/12 Fecal coliform 2,088 CFU/100 ml, 400 CFU/100 mI,
(Weekly geometric mean)
The City of Chernyvill e response to NOV-2012-L,V-0312 received on July 6, 2012, was
reviewed by DWQ staff. Mitigating f,'actors were not found to result in a reduced civil
penalty amount.

STATE OF NORTH CAROUNA DEPARTMENT NVIRO N
AND NATURAL RESOURCES
COUNTY OF Car` STON
IN THE MATTER OF ASSESSMENT WAIVER. F RIGH,L TO AN
OF CIVIL PENA >T"t' GAINS T' ADMINISTRATIVE HEA I G A D
CITY OF CST ERR YVILLL STIPULATION CAL FACTS
P RiN4I T" CIO. NCO044440
FILE NO. LV- 012-012
Having been assessed c~�ivil penalties totaling $387.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated Jul 1 1 , the undersigned, desiring
to seek retnnissio n of the civil penalties, does hereby waive the right to an administrative hearing in the
above -started matter and does stipulate that the facts areas alleged in the assessment document. The••••.
undersigned further understands that all evidence; resented in, support ot'rerrnission of this civil
penalty must be submitted to the Director of the Division nn of Water Quality within 30 days ofreceipt of
the notice c f assessnnent. No new evidence in support of ar remission request Nvill be allowed after 3
days ,ftom the receipt of the notice of assessment,

JUSTIFICATION FOWREMISSION REOUEST
DWQ Case Number: LV-2012-0120
Assessed Party: City of Cheriyrville
County: Gaston
Permit Number: NCO044440
Amount Assessed: $387.78
Please rise this forni when requesting remission of this civil penalty, You must also complete the
"Ree tLyt F- or Remissiqn`aiv��L. ) j it to an Administrative -&� �riqg, cmet,th jL1qtiotL0f,F'acts
L�L — - jf�g — — -�S p
form to request remission of this civil penalty. You should attach any documents that you believe
,support your request and are necessary for the Director to consider in evaluating your request for
remission, Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the viol ation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please the each factor that you believe applies to your
case and provide as detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil .�iajry_ assessment factors in N.C.G.S, 14313-282. re
�rasa full° a lied t.o th _Letrirrjqnt of the ,-pefitioner (the assessment,factor s (ire listed in the civil
penalty assesstnent document
(b) the viol i rqrriptivL al c a-e- stilting from the
rp _ _ d-- Am-& -1�_ --'-
sjo, tLo ps that you took to correct the violation andpreventfiaure occurrences) tqtj q (i.e,, explain the ste
— (c) the violation was inadvertent or a result of an accident (i, e_ explain wlty the violation
was unavoidable or something, you could not prevent or prepare fior),-
(d) the violator had not been assessed civ°i3p lations,
!�najties for aInUrT.-revious, viola _)Li
gLyment for the remaining nqcei$ ��dial
Actions (i.e. explain how payment of the civil penalty will prevent you trom perlbrmjngy the activities
necessary to achieve compliance),
EXPLANATION (use additional pages as necessary)

ASSESSMENT FACTORS
Violator:
Facility: Cherry �ville WWTP
County: Gaston
Case Number: LVI-2012-0120
Permit Number: NCO044440
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
MINOR,,
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$137,78,
Date
ia Allocco, Regional Superysor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

PERMIT: NCO020052
5EM3KM=
PERMIT: NCO044440
FACILITY: City of Cherryville - Cherryville WWTP
COUNTY: Gaston
REGION:
Mooresville
Limit Vidation
"V,
MONITORING OUTFALL I
REPORT ION
VIOLATION
LOCATION PARAMETER DATE FREQUENCY
UNIT OF CALCULATED
MEASURE LIMIT VALUE
/ Y. OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
03-2012 001
Coldorm, Fecal MF, M-FC
Effluent 03/24112 3 X week
Broth,44.5C
'
/ #100ml 400 1,/ 2,087,82 421 � 96
Weekly Geometric Mean None
Exceeded
PERMIT: NC0077763
FACILITY: City of BeIrmant—, Imont WTP
--tOUNT :Y: Gaston
REGION:
Mooresvthe --,
Limit Violation
ONITORING OUTFALL I
REPORT PPI L60ATION PARAMETER
03-2012 001 Effluent Chlorine, Tol
ti
4-1
UNIT OF CALCULATED
FREQUENCY MEASURE LIMIT VALUE OVER LIMIT VfOLATION TYPE VIOLATION ACTION
Quarterly ugli 28 190 578,57 Daily Maximum Exceeded None