NC0068888_Regional Office Historical File Pre 2018 (6)

Michael F' Easley. (Jovemor
Wdham to Ross Jr., Secfeurq
No0h Carolina Depar"Tient offnvironmeat and Natund Kesources
7
r— CoIecn',",'WIrns Director
Div iorr ot'Wmsr
May 6, 2008
CERTIFIED NIAIL 7007 1490 0004 4505 9814
RETURN RECEIEIILQLL{I�a
Mr, Steve NlIlIer,'Fmvn Manager
Town of Dallas
2 10 North Hol land Street
Dallas, North Carolina 28034
SU13J EC'F: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General StatUte
1431-2 15.1 (a)(6) and NPDES Permit No. NCO068888
Town ofDallas WW'FP
(iaston Counly
Case No. LV-2008-0160
Dear Mr. Miller:
'This letter transinits a Notice of Violation and assessment of'civil perralty iri the amount
of $3083.89 ($3000.00 civil penalty + $83.89 enforecinerit costs) against the'Town of Dallas.
This assessnient is based'upon the, fiollowing facts: A review has been conducted of the
self-mon1toring data reportedfor January 2008. This review has shoxvii the sutject facility to be
in violation of the discharge limitations found in NPDES Peritin: No. NCO068888. The
violations are summarized in Attachment A to this letter,
Based upon the above facts, f conclude as as inatter of Iov that the Town of Dallas
violated the tcmis,, conditions, or requirements of NPDESPermit No. NCO068888 and North
Carolina General Statute (G. S ) 143-215. 1 (a )( 6' ) in the, manner and extent shoNvii in Attachment
A- A civil Penalty may be assessed irt accordanceMth the maximums established by GS. 143-
215.6A(a)(2.).
Based upon the above findings of fact and conclusions (if law, and in accordance with authority,
provided by the Secretary ofthe Departtrient, of Enviromrient and Natural Resources and the
Director of the Division of NVater Quality, 1, Robert B, Krebs, Surface Water Protection Rcgional
Supervisor for the Tvlooresville Region, fiereby make the following civil penalty assessmetit
against the'Ywn of Dallas,
NEMM
N, C, Division of Watcrt,iahty, Mooresvifle Reoonal Office, 610 E. ("enter Ave, suitee 301, Nloomwffle NiC281 15 [phone] Customer Service
1-8-77-623-6748

1000.00 For of the two (2) violations of G.S, 143--'411
215.1(a)(6) and NPDES Permit No. NCO068888 '. by
discharging waste into the waters ofthe State In
violation of the permit daily niaxiniurn effluent
limit for total rexidlial chlorine,
For 1 of the one (j 1) violation of G.S. 143-
2 15, 1 (a)(6) and NPDES Pen -nit N—o. NCO068888, by
discharging waste into the waters ofthe Statein
violation of the permit weekly average effluent limit
for fecal coliform.
2000.00 For of the one (1) violation of G.S. 143-
215.1(a)(6) and PDES Permit No. NCO068888, by
discharging Avast e irito the waters of the State in
violation of the permit monthly average efflUCIlt,
limit for total suspended residue,
3000M TOTAL CIVIL PENALTY
U.89 Enforcement costs.
3083M TOTAL AMOUNT DUE
pursuant to, G,S. 143-21 5.6A(c), in determining the arnount of the perialty I lrmtaken
into account the Findings of Fact and Conclusions of l,aw and the 11xetors set forth, at G.S14-313-
2 82 1 (b). wh i c h are
(I "i 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 quailt1tv or quality or on air quaality.
(4) The cost of rectil�ving the damage;
(5) The amount ofmoney saved by noncornpliance;
(6) Whether the violations were committed willfully or intentionally;
(7) 'f he prior record of the, violator in complying or Inifing to comply with prograrns
over which the Environmental Management Commission has regulatory authoritV,'
and
(8) The cost to the State of the enforcement procedures.

Within thirq, days of receipt of this notice, VOU must do one of the fiollowing:
t Submit payment of the penatty:
Paynient should be made directly to the order ofthe Department of Environment
and Natural Resources (th not include ivaiverfi.,oriw. Payment ofthe penalty will
not foreclose farther enforcement action for ariv continuing or new violation(s),
Please SUbmiL Payment to the attention of.
Point, Source Cotiipliitice",�f,'iit'oi-ceiiienI I Init,
Division call Water QUalit-y-
1617 Nfail Service Center
Raleigh, North Carolina 27699-1617
OR
I Submit a written request for remission including a detailed justification for
such request:
Please be aware that is request for remission is limited to consideration ofthe five
factors listed below as they may relate to the reasonableness ofthe arnount ofthe
penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any ofthe factual statements
contained in the civil penalty assessment docrancra. Because a remission request
forecloses the opik,-)n afar administrative hearing, such as request must be
accon,ipanied Ir as waiver ol'your right to Tara administrative heariri� g and as
stipulation thatno 1"actual or legal issues are in dispute. Please prepare as detailed
statement that establishes Why YOU believe the civil Penalty should be rernitted,
and sribmit it to the Division of "atcr QUafiqi at the address listed belox v. In
detern-rining, vvhether a remission re(.jUeSJ will be approved, the following factors
shall be considered:
(1) whether one or more ofthe civil penalty assessment I'actors in G,S. 14313-
?82IJ (b) were wrongfully applied to the detriment ofthe petitioner,
(2) whether the violator promptly abated continuing envirortmental darnage
resultingfrom the violation;
(3) whether the violation WaS inadvertent or a result ofan accident-,
(4) whether the vic4ator had been assessed civil penalties for a na , previous
violations, or
(5) whether payrrient of the civil Penalty will prevent payment liar the
remaining necessary remedial actions.
Phase note that all niforniation Presented in support of your request tear rernissIO11
must be submitted ire writing, The F)Jrector ofthe Division ofWater Quality will
review your evidence and intorm vott ot'his decision in the. nlatter ot'Nour

remission request,. The res}ranee will provide, details regarding case status,
directions for leaf rnent, and provision for further appeal of the penalty to the
Eravironrraentaal'1lana ernent Ccrnitnission's Committee crra 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 eery, important that you prepare aa, complete and thorough
statement in support ofyour request for rernis io .
In order to request remission, you narrst complete and submit the enclosed
"Waiver of Right to an Administrative Mitzi tz4ttivc Hearing and Stipulation of acts" form
within thirty (0) tl lys of receipt of this notice, The Division of Water Quality
also requests that you complete and submit the enclosed "Justification for
Remission Request," Beath finis should be subruitted to the following address-,
Point Source Cotrrplraaracel"Etiti)rceiTietit i ni
Division of Water Quality
1617 Mail Service Center,
Raleigh, North Carolina 7699-1 ti 17
3. File ar petition for an administrative hearing in with the Office of
Administrative Hearings:
s„
If'you wish to contest amy statement in the attached aassessay ent document you
must file a petition for an administrative hearing. YOU uraa),= obtain the petition
form from the ti'ffice cti"Administrative Hearings. You niu t file the Petition with
the Office of Administrative Hearings N.vithin thirty (0) days ofreceipt (if this
notrice. t petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. Tire Office o
Administrative I iearrings accepts flings l-lond4ay through Friday between the
hours of :00 aa.rn. and :00 p.m., 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 rtaaay he taxed • provided the original and one copy offile
docurrie t is received in the office of Administrative : Hearings within fire (5
business days following the faxed traansnrissioti. The mailing address I"or° the
Office of'Administrative Hearings is:
Office ofAdministrative I is aarin
6714 Mail Service 'enter
Raleigh, North Carolina 2769 -671 f
Telephone: (919) 7 s i-76c fl Facsimile: (91 ) 73- 347f
A copy of the. Petition must also be served on as follows:

Ms, Mary Penn,,, Thompson, General Counsel
Department ofEnvironment and Natural ReSOLItCeS
1601 N-Jail Service Center
Raleiah. North Carolina, 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 letter,
as evidenced by an interrial date /tun ereceived stainp (not a postinark), will result in this matter
being referred to the Attorney General"s Office for collectiou 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-q- qLtul�jipt related, to
!2L),,ratios ,aiid,,'orniaititenarLiU)r(il)IgLiL, qpd j 4nti 'Lt;race 1,11 cousluictLic) 1 tc tivities th��L'
Order by Consent. If vou have any qk1gstions
about this civ, I 'nenaltv assessment or a peciL Conr erit.
.Qtrtalitv �Secfj(�)nstaff �of the �Nloo�resNjlle Rgj.�Lrgkj_Qflice at 704/'663-1699,
(Date,) Robert B. Krebs
Regional Sul.)ervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance,'inforcernent File vw,/ atrachr-ri,ents
Central files w/ attachments

ATTACHMENT A
.................. -- ,qlqq
CASE NO. LV-2008-0160
tf ll
Date
Parameter
11jm rted Valu
raft Limit
001
01111200 8
T 1
*54.6 mg/I (monthly avg.)
30M at gg/l (smoothly avg,)
001
01 10!"2 0
T C
21 atg;'l (daily as aximun
18 ug/I (daily araaxlmrana)
001
01 30,,"2008
TRC
1185 tag'l (daily maximum)
18 aag/1(daily maximum)
01
01/05/2008
Fecal
435.86 colonles/loo ml
400 colonies/ 100 i l
('olif"orar)
(weekly as-;=ag.
weekly avg.)
* Denotes civil penalty assessment

STATE OF NORTH H CAROLINA I l•:PARTw •II-;'slll t:TI- ENVIRONMENT
AND NATURAL RESOURCES
IN'THE MATTER OF ASSESS\NIENT WAIVER OF RIGHTTO AN
t..TT° CIVIL PE'NZ .LTY AGAfNST AI MI I 'I' A'I I `I-IEARIN(i .r Nl
PEIMIFT"Ni.. NTH:" t)ti8888
I, II.I i' Ot 1,V-200 -aCl: 60
Having been assessed civil penalties totaling 3083.89 for v lation(si) as sit firth in the
assessment ;document of the Division ofWater Quality dated Ma, 2,008,the trtac-Iersigrte,
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 docca rent. The undersigned furthC]' Ut derstands that call evidenQe presented in
support of remission of this civil pen altY rattast be SUb aaitted to the Director too of the Division of
Water Quality within 30 days of receipt of the notice of assesco-neat N() ne\v evidence ira Support
of a remission request will be allowed after )0 dads from the receipt of" the i,otic catYr ssessnie at.
This the day of . 2008
E:TY
ADDRESS
S

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2008-0160
Assessed Party: Town of Dallas
Countv: Gaston
Perniii Number: NCO068888
Amount Assessed: S3083.89
Please use this forun when requesting remission of this civil penalty. You must also complete the
"R �eejyesLf_�i�_&� & missW ion aiverLRioght L --lrr - —'-- L�,—
form, to request remission of this civil perialty. You should attach any doCLIments 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 lunited to consideration of the five factors
listed below as they inay 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 N,C.G.S, § 143B-282,1 (c), remission of a civil penalty may be granted only, when one or
more ofthe following five factors applies. Please check each factor that you believeappliCS to )!Our
case and provide a detailed eNplanation, including copies of supporting documents, as to NX-hy the
factor applies (attach additional pages, as needed),
(a) cue -or-morcofthe civil penaltyass es-sinent factors in N.C-G-S� -L4313�-2�2 eje-
-- �v
yyr(,aj-fi,tlIya phe._4_jq_ the deal' iment_qf the pg�titioner (the assessmentfiictors are listed in the civil
1°7enaltY assessment i1oeuntent);
(b) the vioItucar pj9Mprjjbated j -L , environmental daniq ,ing fronj t eioj tLqti�ng —he
violation (i,e., e>yj)lain the stot)s that you took to corrt:,ct the violation and prcvent jiiture
occurrence,S) -
(c) the violation Nvas inadvertent care. result of an accident (i. e, -�t the violation,
exI )Iain vita
ivas unavoidable or somelhingyoti cozddnot j,)revent orpreq,)are.fin),,
(d) the violator had not been asscssed_c�j ftE_Ata ° aresn tatas vi�( � )lations;
(e) pajerjLent of the cis it -'N, -tit asnugtLt for the remLainin necessary Affl --- plevent
remedial actions (i,e., exlVainhowpavinent( 'the civil.penolly u,111prevent lite
a.ctivitiesnecessarIv to achieve compliance),
EXPLANATION: (use additicnialpag-es as necessarj)

NORTH CAROLINA DIVISION OF WATER Q ALITY
Violator: Town of Dallas
Facility: Dallas, ww,rp
Count, y: Gaston
Case Number: t,V-2008-0160
Permit Number: NCO068888
Im
7)
ASSESSMENT FACTORS
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 harIn has been documented as a result of these violations-, however, total residual chlorine is a
powerful toxicant and would likely impact aquatic life at the concentrations-, discharged. Total
suspended residue will also impact aquatic life by lowering dissolved oxygen and causing turbidity
in the strearn.
The duration and gravity of the violation;
The violations occurred during the month of January 2008
The effect on ground or surface water quantity or quality or on air quality;
No effiects on ground water or air quality are expected-, however, the receiving Nvas likely to have
been irnpacted by tire violations. Residual chlorine concentrations above perr-nitted limits would
likely be lethal to aquatic life in the receiving strearn. 'For it suspended residue would lower
dissolved oxygen causing stress to fish and other aquatic life in the strealn.
'The cost of rectifying the damage;
The cost is unknown.
The amount of money saved by noncompliance;
Money could have been saved by the Town by failing to provide adequate funds for the proper
operation and rnaintenance of the facility.
Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful nor intentional.
The, prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
The Town has a poor compliance record having been assessed civil penalties 36 tunes since 2002.
Penalties listed below are those that occurred in the previous 12-nionths.

) The cost to the State of the enforcement procedures
The cast to the Mooresville Regiorial, Office was $83.89,
z 414-
Date R,O Supervisor
Division of Water Quality

page- of
Re.pOrt Date'a4l2altla
[)C-~ IAN
F�t�, �aks4Pf;
at gory! at t�ctl+at�:
4�4434'9
otati
VIOLATIONS
i; R 6 + RT if`) VIOLATION
for; � �� i� a,on: ' ooresvili
,
�L,psssrs'. 9
MONIT`oRlt
and
s, BEklk'�een,' ,, oun ' �° '
vill
f' ` 'V`yq�rfkk
' F cram Name
Facility hl.° eiCOU
Gastall
Me Minor "1(p ,
wwTp
Dallas
PERMIT- NCO06 f 888
I IIwITY: town f Dallas
VIOLATION +� CTlota
j(
C`,L4LAII.
"
�koi-A-TON N F m b si
ty�yrc
LR6vR"t taP
F-AS RF 6 loill
vALirt„ L
. eat
C a's Maximum �x a
Limit ti7ltttJii
AT iC7�
t�aATF FIt�C;�UL:NC:Y
�°�
ttl
�y`i}PYf?
t�l4'IT`0Ri�9C C7 irFpi
a���C>�a-r r=t�l t�ci�,�-t'a�,r�
PASTa'METC�t Xwe week
Residual 01fltlft�B
u f9
' L
1�` �. _
Daily MaxlPnunt
etnr twaLa o¢�e p
�° �ded
a rtl8 001 '
Effluent
Chlohne, TaiaR
3Xweek
q��ft
S
43
��k9y
lax � r. -
t'
0 �>�3ia ��1
Ffiiuent
Chlorine, �rin�„ Total Residual i511 t1I0B
7 week
�#f1t � r9
.t3
4�l i crane
1 a� � �xc� �ti�d
anthlyvratl t °
ccilifr�rrrr, ta4,M+�t M-F 0110510830
4 64
01 - 1 0011
Effluent
l roth, � sl
3 X week
trief4
L Mooresville
911 a3 001
Ftlitaent
�Ptd�d 1/1ti1£t
Sands, Total usp °�
� �
Ci4I4�T �° t �
Onada
community
176
Unity Sewer Arse rat
FACILITY: Ridge
A\'-" att
+tTtt.tA
CAi CL1t-pTFD
vlotAT4iat4 TYFF
hIC rteY
<
L A t t i ti an
UNIT OFVA
MEASU
LSF,
L4 tal`
4ll3xiPi ul� x ede d
tlatiY '
vICatrAr9^�ti � Ny '
G. 6t�i4.PJ �...tl"a��1
t5 In
f E
seeded None
4.'r � e:
S'��',P Lj-r '°. :. �..
s .. r
Cara
P
�^p.giipt�ks
P.ARAWTCI y
6 ITfC'1"�:th
l�' d l i.Jf
!#I
t
tLl �'k
t�catathRy ."°�
y., y
i'✓0. t' C� I`'B t,Si�ek�s
' , ...
IUe3nl
E - iay { Ct )
M911
ly Mi"'Murn htot
'
Efflijont
f 2 X month
y t1i13! Cil
r g1t
�tiirimfPm,NotReacheri CtJne
t
EfflUCnt
[Iltit3ftl Weekly
47
aiRy filar
.,�.
t , xygen, Di solved
r gfl
early n#rri urr Nottkeached
E +sent
LSO, 0 y en„ Dissolved �l�ll>f�l� ea�kly
Mg/1
� �
C3aq Nv axulhlrte F.Xex ctlea t None.
EL Dent
\Ne ekly
Dot„;C en, Ds srllved
T-ingifl
2
20
teNon
�_ d
trat
Total as 01,15 9h
Noroge, f7cn
r
ltrtiviyea�t
19
7.N)
}
f"U*.-ttt
t4itro%en, Ammonia oni TaNtl (38 01,31,08 moon