NC0084689_Enforcement_20120123

Division of water Quaitty
Beverly Eaves Perdue Charles WaUd, RE, Dee Freeman
Governor Director Secretary
Januan,23,2012
CEWf IFIED MAIL 7010 2780 0003 1,4619300
RF,TtJkN RECEIPT gfIqUESTED
Mr. Jarnes Friday. Utility Director
City of Mount Holly
P.O. Box 406
Mount Holly, North Carolina 2,8120
Dear Mr. Friday -
C f 01'
— ... .. .. ...... . . ....
SIJBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-2i5.100) andNPDES Permit No. NCO084689
Mount Holly WWTP
Gaston County
Case No. 1,V-201,2-0013
This letter transmits a Notice of Violation and assessiment of civil penalty in the arnount of
$487 78 ($350,00 civil, penalty -41- $137.78 enforcement costs) against the City cif Mount Holly,
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for October 2011. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Pen -nit No, NCO084689. The violations Eire
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the. City of Mount Holly violated
the terms, conditions, or requirements of NPDES Permit NO, NCO084689 and North Carolina General
Statute (G,S.) 143-215. I(a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maxitnullis established by G,S. 143-215.6A(u)(2).
Based upon the above s, findin9 cif fiactand conclusions of lave. and in accordance withh authority
provided by the Secretary of the Department of Enviroriment and Natural Resources and the Director
of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the City of
Mount Holly -
Mooresville RegionaC Of
Location: 610 East Center Ave . Suile 301 klocresvilte, NG 28115 One
Phone, [phone], Fax, '[phone]'1 CUWnii-r Seryce 1-877-623-6748 Nor thCarohna
Internet httpip'portal,ricderr,orgtve,hlwq
An Eiqvati`4ponunary , Afflrravve tton &I'pioyei ­ 30%, Recy0ed:! 0"i OotO Ccnsurner pgw Natulldly

41— 100. Oro For I of the one (1) violation of G.S. 143-215, 1 (a)(6) and
NPDES Permit No. NCO084689, by discharging waste into the
W
waters of the State in violation of the permit daily maximurn
effluent firnit for total suspended solids JSS),
250,00 For I of the one (1) violation of G.S, 1,43-215.1(a) ) and
NPDES Pen -nit No. NCO084689, by discharging waste into the
waters of the State in violation, of the permit monthly average
effluent limit for total suspended solids (TSS).
350.00 TOTAL CIVIL PENALTY
13T78 Enforcement costs,
$___48738 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), In determining the amount of the perialty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set firth at G. S. 143 B-282, I (b), which are:
(1) The deggree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting firom 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 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 falling 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 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 fibrin), Payment of the penalty will not foreclose further
enforcement action, for ariy continuing or new violation(s)
Please submit payment to the attention oaf;
Point Source Compliance/Enforcement Unit
Division of Water Quality
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
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 simulation 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 more of the civil penalty assessment factors in G,S, 14313-282, 1 (b) were
-,wongfully applied to the detriment of the petitioner-,
(2) )Arliether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) NvItetber the violation was inadvertent or a result of arl 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 intormation 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
Enviromnental 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 Quality also requests that you complete and submit the enclosed,
"Justification for Remission Request," Both forms should be submitted to the fol1mving address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
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 at
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 office hours. The Office of Administrative

Hearings accepts filings Monday through Friday between the hours of :00 a.m. and mil .m.,
except for official state holidays. The petition may be Piled by facsimile (fay) 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 § 1 013-23 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 andFor 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 27699-671
Tel: [phone]; F (cal ) 4I-3100
One (1) copy of the petition roust also be served on DENR. as follows..
Mary Penny Thompson, General Counsel
DEN
1601 Mail Service Center
Raleigh, NC 27699-1 full
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`re°ceipt of this notice, as
e fidenced by a internal date/time received stamp (not postmark), will result in this matter being
referred to the Attorney General's Office for collection ofthe penalty through, a civil action.
Please be advised that additional penalties ntay be assessed for violations that occur after the
review period of this assessment. if the violations are of a continuing Mature, not related to aperation
Mooresville Reaional Office m t i fa J699.
I'
(Date) Robert B. Krebs, regional Supervisor"
Surface 'eater Protection
Mooresville Regional Office
Division of Water (duality
ATTACHMENTS
cc o resville Regional Office Compliance file Nv;/ attachments
Raleigh C omplia ce/ orcernent File w/ attachments
Central Files wl attachments
rk,/ma

ATTACHMENTA
CASE NO. LV-2012-0013
Outfall Date Parameter Rtkmt�t Permit Limit
001 10,120,111 TSS 120.0 mg/L 45.0 mg/1, (Daily maximum)
001 10/3 1 /11 TSS 61 .8 mg/L X0 mg/t, (Montlily average)
The City of Mount Holly response to NOV-2012-LV-0023 received in this Office. oil
Januay 20, 2012, was reviewed by DWQ staff". Mitigating factors were not found to
reduce the civil penalty amount,

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRON.k4E.,'
I
COUNITY OF GASTON
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHTTO AN
OF (.,'IVII, PENALTY AGAINST ADMINISTRATIVE HEARING AND
CITY OF MOLNTHOLLY STIPUTLATION OF FACTS
PERMITNth. NCO094689
FILE NO. 1,V-2012-0013
Having been assessed civil penalties totaling $487.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated januarN 23, 2012, the undersigned,
desiring to seek remission ofthe 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 Nvithin 30 days of
receipt of the notice of assessment. No new evidence in support of as remission request will be allowed
after 30 days from the receipt of the notice of assessment,
This the 2012
BY
ADDRESS

JUSTIFICA'rION FOR REMISSIO.
DWQ Case Number: LV-2012-0013
Assessed Party: the City of Mount Holly
CounW- Gaston
Permit Number: NCO084689
Amount Assessed: $487.78
Please use this form when requesting remission of this civil penalty, You must also complete the
"RequesLI,"or RemisstLonn ff`czChg, oLRii4ir to an Adininistrative 4"
1 _ Ile
for to request remission of this civil enalty. You should affach any documents that you befieve
,P I
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 occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
pursuant to N.C,G.S. § 14313-2811 (c), remission of a civil penalty may be grained 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 c 1 8-21. Alb)-Lv�pre
q-��4 -ty
of ft, efit ioner (the assessment,toctors are listed in the civil
penalry assessment docuinent);
(b) the yiolat tL, abated continuLn eriyironrnent;�l LI�Ltna& L �,�ujj froe
_g_ — — -,,_ jng-------
m th
violation 6e- explain the steps that you took to correct the violat ion, and revent
P finure occurrences),
-- (c) the violation was inadvertent or a result of an " accident (Le_ ex'T.,)lain wltj� the violation
iv as unavoidable or sontething jvu could not prevent or prepcar ei6r);
(d) the violator had not been assessed civilp 5. for qriv . pUcv,, ions violations,
_
(e) or
the remaining necessary remedial
actions (i.e., explain how, pcpiment (!fthe civil penalty will prevent y,ou frOm perlbrming the activities
necessarY to achieve conipliance),
EXPLANATION: use additional pages as neeessatjt,,)

NORTH CAROLINA DIVISION OF
ASSESSMENT FACTORS
Violator: The C. of Mount fjolly
Facility: Moutit 11911y,
County: Gaston
Case Number: LV-2012-0013
Permit Number: CO
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 concentration of 120,0 mg/L on October 20, 2012, exceeded the daily maximum permit limit
of 45.0 mg/L by 166,7W This elevated concentration resulted in a monthly average of 61.8 mg/L,
which exceeded the permit limit of 30,0 mg/L by 106%. The other TSS monitoring during the month
of October was compliant (3.6 mg/L).
3) The effect on ground or surface water quantity or quality or on air quality;
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 Divlsion of Water Quality has no evidence that the violations Were committed willfully or
mtentionally., The porm ittee notes on the October 2011 DMR that a prqject to tie the WTP onto the
City's collection system will be bid in early 2012.
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 two previous CPAs for the Mount Holly WTP both of which were issued in the past
twelve months.

1. �lW o�
� 1 0
I t�elfr T r�F� �l�it�or� .:_Penalty �v�sr�l lr� �kla�
� for Tid...in f�rll.
enit ylcalt�on enit±vr
The cost to the State of the enforcement rocedur
The cost to the Division of Water Quality i$137.78.
Date
Robert B. Krebs, , Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for: fMinelv 0-- 1—
PERIVI1T. NCO020184
FACILITY: City of Gastonia a Long Crook WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONiTORING OUTFALL f
REPORT PPI
VIOLATfON
LOCATION PARAMETER DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
VALUE
LIMIT
% OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
10-2011 Out
Effluent Nitrogan, Total (as N) - 1D/31111 Weekly
Con6entration
mg[I 6
602 0,33
Monthly Average Exceeded None
PERMIT: NCO033421
FACILITY. Carolina Water Service Inc Of NC - College Park WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING CUTFALLI
REPORT PPI
VIOLATION
LOCATION PARAMETER DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
VALUE
IJIMIT
OVER LIMN'
VIOLATION TYPE VTOI�ATION ACTION
10 -2011 001
Effluent CaIrform, Fecai MF, M-FC 10/20/11 Weekiy
Broth,44,5C
#1100ml 400
1,500 275
Daily Maximum Exceeded None
PERMIT: NCO094689
FACILITY- City of Mount Holly - Mount Holly WTP
COUNTY: Gaston
REGION: Mooresville
Limit VloWlon
10
a.
MONITORING OUTFALL I VIOLATtON UNITOF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LiMff VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTrON
10-2011 001 Effluent Solids, Total Suspended - 10/20/11 2 X month mg/I 45 120 166,67 Daily m MaximuEXCeoded None
Concentration
106 C
10-2011 0011 Effluent Sotids, Total Suspended - 10/31111 2 X month Mg/l 30 61,8 None
Concentration Monthly Average Exceeded
t"A