NC0020966_Regional Office Historical File Pre 2018

Micliael F Easley, Ooverne i')r
J 171,
William G, Ro'-
North Carolina Department of Environment aria Naiiii-al R.e5OjIrLeS
Cotten H. Sullins, Director
Division of Water QualitY
January 30, 2008
IC,,,E�RTIF�IED �TNIAIL� 7007 1490 0004 4505 6431
FILETURN RECEIPT RVI""'E"
Honorable Vivian Brooks, Mayor
'roe vn of Spencer Mountain
PO Box 128
Spencer, North Carolina 28 101
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPI)ES Permit No. NCO020966
Spencer Mountain WWTP
Gaston County
Case o® LV-2008-004*5
Dear Mayor Brooks:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $281.20 (S200.00 civil penalty -+- $81 .20 enforcement costs) against the Town of Spencer
Mountain.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for August 2007. This, review has sho,,vn the suh:ject facility to be
in violation of the discharge limitations found in NPDE'S Permit No, NCO020966The
violations are summarized in Attacirment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Tovol of Spencer
enjerns of NPDES Permit No, NCO020966 and
Mountain violated the terms, conditions, or requir in the manner and extent shown in
North Carolina General Statute (G.S) 143-215.1(a)(6)
Attachi-nent AA civil penaltly 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 Ims, 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, Robert B. Krebs, Surface Water protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against the T own of Spencer Mountain: Or,
No�h('.arohna
A931A 1,
atur,114Y
�"ENR
Moorcss,nic RegioiW Offict Division ofWater Quality Phone l(A-663-1699 ("U'torrier sciv'ice
'040 1-977-623-6748
X 704-663-6
Intenlet: 610 Center Ave, Suite 301 INC 28113 Fa
An Equal opportjanity.(Affirrriafive Action Employer — 50% Recycledg,10% post Consumer Paper

--Iq
200.00 For 2
of the two (2) violation(s) of G.S. 143-
215 . I (a)(6) and NPDES Pertnit No. NCO020966, by
dischaQpng waste into the waters of the State in
violation of the pen -nit weekly average effluent limit
for fecal colifonn.
2K00 TOTAL CIVIL PENALTY
8120 Enforcement costs.
281.20 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), in determining the aniount of the penalty I have taken
into account the Findings of Fact and 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 front the violations;
(2) The durao tin and gravity ofthe 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 no
(6) Whether the violations were corru-nitted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Conn-nission has regulatory authority.
and
(8) The cost to the State of the enforcement procedures,
Within thirty (lays of receipt of this notice, you must do one of the following:
L Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (clo not inclucle ivaiverfi.-)rn,), payment of the penalty will
not,t'oreclose further enforcement action for any continuing or new violation(s)
Please submit payment to the attention oaf:
Point Source Coin pliance/Enforcement Unit
Division of Water Quality
1617 Mail Ser-,,ice Center
Raleigh, North Carolina 27699-1617

F1
Submit a written request for remission including a detailed justification for
such request:
Please be aware that a request for remission islimited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the
penalt-v 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 as detailed
statement that establishes ",by 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. 143 13-
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 inadveftent or a result of an accident;
(4) whether the violator had been assessed civil penalties for 'emy previous
violations: or
(5) whether payment of the civil penalty, will prevent payment for the
remaining necessary remedial actions.
Please note that a] I Infon-nation presented in'support of your request for remission
must be submitted in writing, The Director of the Division of %Vater Quality will
review your evidence and inform you of his decision in the matter of your
remission request. The responsewill provide details regarding case status,
directions for payment, and provision for further appeal of the penalty to the
Environmental Managerrient 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" forni
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 following address:

Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,, North Carolina 27699-1617
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
Inust 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 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 pni., except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative
Hearings, The petition may be taxed — provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)
business days following the taxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Achninistrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: [phone] Facsimile; [phone]
A copy of the petition must also be served on DENR as follows�
Ms. Mary Penny Thompson, General Counsel
Depailuient of invironment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number as found on page one of this letter) oil the
petition.
Failure to exercise one of the options above within thirty (30) dkys, ofreceipt of this letter,
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 the violations are of a contuiuing, nature, not related to

ConsetjL—Ifj,,,ou have any questions
about this 'titer
gull ity'S'ectioa staff of the N'tooresville Regional Offfificeat 704/663-1699.
Di(#Dcat) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENT S
ccater Quality Regional Supervisor w/ attaclunents
Compliance/Enforcement File NO attachments
Central Files w/ attachments
rb/ma

ATTACHMENT A 14
CASE NO. LV-2008-0045
tfall Date ar t Reported Value Permit Limit
001 / 5/07 Fecal, colifo. >600/100 mL 00 CFU/l00 mL(Weekly average)
00 /2` /0 - Fecal colifo >600z°`I0ml, 00 CFU/I 00 mL (Weekly average)
Denotes civil penalty assessment

r
STATE OFT ORTH CAROLINN"A EPA TME OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT WAIVER OF IG14T TO AN
OF CIVIL PENALTY AGAfNsT ADMINISTR-NTIVE HEARING AND
'TIJE TOWN OF SPENCER MOUNTAIN sTIPULATIO'N OF FACTS
PERIMIT NO, NCO020966
FILE NO. LV-2008-0045
Having been assessed civil penalties totalin.20 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 30. 2008, the undersigned,
desiring to seek remission of the 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, 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 frorn the receipt of the notice of assessment.
'This the day, of 2008
BY
ADDRESS
TELEPHONE

I
JUSTIFICAIJONFOR REMISSION REQUEST
DW,Q Case Number: LV-2008-0045
Assessed Party: The Town of Spencer Mountain
Court",: Gaston
Permit Number: 1 `O020966
Amount Assessed: S281.20
Please use this forin when requesting remission of this civil penalty. You must also complete the
nistrativeLlez 'PzLyanclS ILL , i, ndat�iono 'F�qcts"
form to request remission of this civil penalty. You should attach mmy 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 Violation(s) OCCUrred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to lid. C.G.S. § 14311-2811 (c), remission of a civil penalty may be granted onty,.s-hen 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 tov,'hy the
.factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S, 14313-282,1 re
syror7 idly �r�a ied to the detriment of1he petitionqr (the assessnient,luctors (ire listed in the civil
penalty assessment documenr );
(b) the yid, envirotu-nental darns resultine, from the
Violation (i,e,,, evp1ain the steps that 'you took to correct the violation and preiTent,future
oceurrences):
-- (c) the violation was inadvertent or a result of an accident (i, e- explain ivky the Wolation
was unai,,oitluble or somethingyou coulditem prevent orpreparefir);
(d) the violator had not been assessed_ci, i
(e) pa_ymejjt of the civil penalty will prevent payment for the rernai
remedial actions (i.e., eplain how pqymenl a J'the ch,41penalq, ivdlprei°ent the
activities necessarYto achieve cwmpliancc).
EXPLANATION: (use adelitionalpages cis nee essarj)

NORTH CAROLINA DIVISION OF WATER QLALITY
Violator: The Town of Scenter Mountain
Facility: Snencer Mountain WWTP
County: Gaston
Case Number: LV-2008-0045
Permit Number: NCO020966
ASSESSMENT FACTORS
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 violation;
The effluent weekly average fecal coliform concentrations were >600/1 00 mL on August
15, 2007 and August 22, 2007, which exceeded the permit limit of 400/100 mL.
2) The duration and gravity of the violation;
The weekly average fecal coliform concentration permit limit was exceeded by 50% on
August 15, 2007, and August 22, 2007,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as no monitoring was completed. Fecal
coliform is an indicator species for possible pathogens and increased levels can signal
human health hazards.
4) The cost of rectifying the damage;
M
IM
The cost is unknown.
The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully
or intentionally,
7) The prior record oft e violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
I "
IN I &I 01 0
IM
=610

The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $81.20.
L14e-oj--
RO Supervisor
Division of Water Quality

Report Date, 121rN71o"r
Pary: 5 cat 13
MONITORING �'� ''� VIOLATIONS
tnr4
Permit-
Al a a an: - 007
and - 00 Region: Mooresville
ViolationCategory: Limit Violation Program Category., N
Facility Name: "
P ram Flame:
rs iy: 9
xtl�laaalrl: ,
�lol titan lotion:
Major, inoc "'
PERMIT. NCO004979 FACILITY. Duke Energy Carolinas LLC - Plant Allan Stearn StationCOUNTY:
Gaston
REGION: Mooresville
Limit Violation
MONITORING OUTFALL 1
VIOLATION UNIT OF
DATE FREQUENCY MEASURE
LIMIT
CALCULATED
`*FLUE
TYPE
VIOLA`NONACTION
REPORT Pot LOCATION
PARAMETER
05.2007 001 Effluent
Temperdlmare, Water Lied'
081,3 f1Ct7 5 X week deg f
102
1006
Monthly Averag6r,Lxceeded
None
Fahrenheit
t' MIT: NCO 200 2 FACILITY: Town of Adenvill - nvllia P
COUNTY. Gaston
GI Mooresville
_"
I_irrut Violation
MONITOMN6OUTFA8.L.
UNIT OF
VIOLATION FREQUENCY 'NCY MEASURE
LIMIT
CALCULATED
�
VIOLATION TYPE
VOL TIONACTIO
REPORT Prat LOCATION
PARAMETER
OB.2 07 001 Effluent
t,okform Fecal MF, M-FCI
08/18107 Weekly17tl0mi
40
600
Weekly Geometric Mean
None
Ffroth,44 5G
l � ...
4 fill {ifJ 001 Effluenty
Coliform, Feral MF, M-F
08125107 t eeld liC0MI[ ,.
400
600 '-
Weekly Geometric Mean
Exceeded
None
-
Brt?th,44.5C
08. 007 001 Effluent
Solids, Total upended
08104107 Weekly rng/I
45
5CI I 1
Weekly Average Exceeded
done � � . .
{
PERMIT: NCO020966 FACILITY: Town of Spencer Mountain « Spencer Mountain WWTPCOUNTY:
Gaston
REGION: Mooresville
Limit Violation
MONITORING d". UTF'AiLL I
`u OLAT*N UNIT OF
DATE FREQUENCY MEASURE
LIMIT
CALCULATED
VALUE VIOLATION TYPE
VIOLATION ACTION
REPORT PPI LOCATION
PARAMETER
m.
4'Vde>lyHolraetrtr�mean
itH _ I CL7 ifp Effluent
I oliform, Fecal MF, M-FE
08/15Ptt7 Weekly I1CI0ml
400
EQtI _
Exceeded
hioct
Broth,44 5C
08-2007 001 EfflUent
Colifoetra, Feral MF, M-FCf
081 5107 Weekly #/100ml
400
Roo
Weekly Geometric Mean
Exceeded
None
Broth, 4 5C
to =, ,.:°�-