NC0025496_Enforcement_20121105

RETURN RECEIPT gjQUEST ED
r Steve feeler
Director of Ptablic Works and litilitie
City of Lincctltota
PO Box 617
Liracolra on, North Carolina. t ,-tail
UBJEC"l": Notice ofViolation and Assessment ot'Civil
Penalty for Violations ofN,C. General Statute
:2
C�iracc ltitia"
WTP
1. ncolrt County
t lase No. Lf' -201 ° -020tf
Dear Mr. Pecler.
This letter transmits a Notice of Violation and assessment of civil penalty in the. atnoaarat: of
$391,10 ( ` 50. 0 civil penalty $141.10 enforcement costs) against the City of I,lncolmon.
This assessment is based upon the following facts: A review has, been conducted ofthe sell
' -
monitoring data reported for July, ` 012, This review has shown the subject facility to be; in violation of
the discharge limitations fund in, NPDES Permit No. NCO025496.The violations are sum, arized is
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Uncohnon violated,
the to ases, conditions, car reclrairernents of NPDES Re it No. NCO025496 andNorth Carolina General
Statute (G. w) 1 3- 1 .1( () its the manner d extent shown in Attachment A. A civil penaftyr may
be assessed in accordance Nvith the niaximurns established by G.S. 1 -2l . (a)(
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 acid the Director
of the Division of Water Quality,1, Michael Parker, Acting Surface Water Protection Regional
ional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the
City of Lineolmon:
a catrtron: 610 East C}errter Ave, Suite 301 t'r oore v4e. NC 281,15 ti
Phone: (70 ) 63-169 +pax: (7N) 63-6040 t ustorner rarvi 1 'l7-6e 6748 NofthCarohna
ftlternet. hltga'3`portah ncden° rt3;+ ar*
An Squat OpnoriuruN 1,.err€rrraWe .Act,urr Employer - 30t rae:y=rl l"10% ptrrti Consumer paper X14(rallY

25000
For I of the one (1) violation of G& 1 -2 1. l n
r PDT',S Pertnit No NCO025496, by discharging g waste, into the
eaters cat the State in violation of the permit daily tua irrrcritl
effluent limit for antimony,
C 0 For 1 of the one (1) violation of GS. 1 '1-2 1 5.1(a) i and
it PDE Permit No. NCO025496, by discharging waste into the.
atcr 1AFthe QOnfc- in vicalwinn erfthe Prmil rtrcrrrthiv ac°ern
effluent ent limit for anfirriony';250-00 TOTAL CIVIL PENALTY
1 1,1 tf Entorcerrient, casts.
$ 391-10 TOTAL AMOUNT DUE
pursuant to G,S, 3- 15. (c), in determining the amount of the penalty I have taken into account the
Findings of act and Conclusions of ltaw and the factors set 6orth at US143B-281I( NNhich are:
(1) The degree and extent ofharrrr to the natural resources of the State, to the public health, or to
private, property rresulting from the violations
(2) The duration and gravity ofthe violations;
(3) The effect on ground or surf`ace water quantity or quality or on airquality;
The cast of rectifying the damage
(5) The arnount of money saved by noncompliance;
() Whether the violations were c orrrrrritted willfully ully or intentionally-,
(1) The prior record ofFthe violator in, complying or f filing to comply with programs over which,
the Environmental Management Commission has regulatory authority, and
( The cast to the Mate of'the enforcement procedures.
Within thirty, days of'receipt ofthis notice, you must deb one of the following:
1. Subtuit payment of the pcualty
Payment should be made directly to the order of the Department ent of Environment and Natural
Resources (d(Y,) not include wraiv r~fi)rr ;f. Payment of the penalty will not foreclose further
enforcement . t� tion year any continuing or new violation(s).
'lean; submit payment to the attention of
Point Source t: ompliaanCC/Erd'orce ent Unit
Division of Water Quality
1617 Mail ,Service Center
Raleigh, North Carolina 27a- l d 1
O
. Submit a written request frrr° remission ission including detailed ustif cation for such request:

FIr
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 violations) occurred or the accuracy
of any of the factual statements contained in, the civil penalty assessment docurnea Because a
remission request forecloses the option.. of an administrative hearing, such a request ust 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 they Division of Water Quality at the address listed
below. In determining whether a remission request will be approved, the following factors shall be
considered:
f t) whether one or more, of the civil penalty assessment factors in G., l 3B-2 - I b) were
Nvron fully. applied to the detriment of the petitioner-,
) whether the violator promptly abated continuing environmental damage resulting fiorrr
the violation;
3l Nvethr the, violation was inadvertent, or a result of all accident;
() whether the violator had been assessed civil penalties for any previous violations; or
(); whether payment of the civil penalty will prevent payment 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 n of Water Quality will review your evidence and
inform you of his decision in the matter of your remission Terluest. ":l ei 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 recast complete lete and submit the enclosed "Waiver of Right to
an, dt nistratl }e Hearingtl tiprtlatlon of`pact " form =itl in thirty ) days of receipt of this
notice. the Division of Water Quality :also requests that you complete and submit the enclosed
`Iiustif cation 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 -161
OR
3. File a petition for an administrative bearing with the '+t Office of Administrative f earingS:
you �rslr to contest any sta
tement in the attached assessment document you an t Bile a
If
petition for an administrative hearing. You may obtain the petition form frorn the Office of
Administrative fleatings, You must tale the petition with the: Office of Administrative Hearings
within thirty (3 ) days of receipt of this notice, A petition is considered furled when it is received in
the Office ice of Administrative hearings during normal office hours. The Office ofAdministrative

Hearings accepts filings Monday through Friday l etwvree t the hours of 8:00 a.m. and 5:00 p,m., 14
except for official state holidays. 'The netitirwn may he fled by` facsimile (fax) or electronic nail by an
attached file (wvhn restri tioiws) - provided the signed original, one (1) copy and a litin fee tit a thing.
fee is required by NCGS § 1 fd - .) is received in the Office of Administrative Hearings wvit.hin,
seven ) business days following the faxed or electronic transmission. You should contact the:
Office of Administrative Hearings with all questions regarding the filing fey: and/'car the details of the
filing process. The mailing address and telephone and fax numbers for the Office ofAdministrative
Hearings are as f .allowvF
Office ofAdministrative Hearings
14 Mail Servtce Center
Raleigh, NC ` 29p-6 l
Tel (91 )431-3l f 9 Fax- (l )431- 3 1,00
One 1) copy of the petition must also be served on l E?` R as follows:
Mary Penny Thompson, General ounsel
E l
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 ofthe options above within thirty, 0) days of receipt of this notice, a
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 he advised that additional penalties may, be assessed fur violations that occur after the:
reviewer period caithis assessment. er t. If the violations are of a crntintGin nature, not related t ca . aii n
and/or maintenance roblems, and voh err�cfyu It
to consider lyin r a S, ciaLQrd;er b f Ber t, if voi have an ue,t cins alf t t t is iv£il ,n 14
assessment ter a ecial' rdcr h c,��s nt lease ccwnt c the 'ter ual�t , �ctic�l� st ffwnfth
n_
Mooresville ge irwn ,Qffice at 7041.t699.
fate) i hael parlwera Acting Regional Supervisor
Surface eater protection
Mooresville Regional ional Office
Division of rater Quality
ATTACHMENITS
cc Mooresville Regional Office Compliance Fite vw%/ attachments
Raleigh Compliance/Enforcement File vv<= ttaclunent
Central files w / attachments
p/ni

ATTACHMENT A
CASE NO. LV-2012-0200
Outfall Date Parameter Permit Limit
001 7/1 1/t2 Antimony 75 1tg/L* 52 ug/L (Daily maximum)
001 7/31/12 Antimony 7ll, 52 �qg/L (Monthly average)
Denotes civil penalty assessment
The City of LincoInton response to NOV-2012-LV-0536 received on October 29, 2012,
was reviewed by DWQ staff, Mitigating factors were found that resulted in a reduced
civil, penalty arnount.

STATE E F NORTH ROL I iA DEPARTMENT 1ENT f` ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF LINCOLN
'rtIE MATTER, OFASSESSMENT' WAIVER OF RIGHTTO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
CITY OF LI. "COLN'" l STIPULATION O FACT
FILE NO, 1,V-2012-0200
having been assessed civil penalties totaling 91.1 for violations as set forth in the
assessment dtrcrrrnent of the Division of Water Quality dated November 5,2012, 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 understarads that all evidence Presented in support ofremission of
this civil penalty must be submitted to the Director of the Division of Water Quality: within 0 days of
receipt of the notice of assessment. No new evidence in support ofa remission request will be allowed.
after 30 days from the receipt of'the notice of assessment.
This the _ day of ......,.r 2012
BY
ADDRESS

JUSTIFICATION FOR REMISS1Oj1R--EQ-U—[F-ST
Q Case Number: LV-2012-0200
Assessed Party. Citof Lincointon
County: Lincoln
Permit Number: NCO025496
Amount Assessed: $391.10
Please use this R)rm when requesting remission of this civil penalty. You most also complete the
wst For RKeniissi 1 r c " Ri... �ri� �� it� ��
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.
Requestingremission is not the carper 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, . . § 143P-282.1(c), remission of a civil penalty may, be granted only when one o
more o ` 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 o etc cis°ll nalq, assessment factors in N` C,Cj, _ 14313.1. ears;
v r n f al a lroc.._tt the detriment_of tla ctiti y r lilts rassrs�s�r ent-fia�.tor°s are listedin thecivil
penaltyassessment document);
l.h) the violatorrc rtt tl l tod nnunuin , nyi o ���. 1 <Mn g rsu ti from i1
rolat n i, ., e lalralta the s c rs° thatyoutook to correct the violation andpr ent_, iiture occ rrenc�es).
(c)" the violation was inadvertent or a result of an accident (z.e., explain wily the violation
aws un avoidrable or something you could not prevent oryprepare for);
(d) the violator had not been assessed civdI en it s f6r arr nevi ns yiea 4tjon
lc a rr) nnfthe cit i onalty, vvll Rcevgn mept for t r xeniamin rroc ssary ror oc is
action l`a. e., explain how payment ent erg"the civil pen a t , will prevent Myou, r~om pair°; rtraing the activities
necessary to achieve ve compliance).
e)
EXPLANATION: (use additional page,s as r ece.rsat y)

NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator: ity of C i colnt
Facility: Lincolnton WWTP
County ; Lincoln ..
Case Number: LV-2012-0200
Permit Number: NCO025496
1) The degree and extent of harm to the natural resources of the State, to the public health, or t
private property resulting from the violation; No environmental harm has been documented from
the antimony violations.
) The duration and gravity of the violation; The antimony concentration of 7 g/l_ on July 11, 2012,
exceeded the daily maximum permit limit of 52 lig/t_ by 44.2%. Since this was the only sample
collected during July the concentration also violated the monthly average permit limit of 52 pg/L by
44.E%,
The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown. antimony is toxic to humans and a dater -supply water quality standard
of 5,6 ltg/t# has been established; receiving waters are classified as WS-]V.
) The cost of re Ff the age; The cast is unknown.
) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown:
h) "whether the violation was committed wittfutly or intentionally; the Division ion of Water Quality has
no evidence that the violations were committed willfully or intentionally, l errnittee met with MRO staff
in September 2012 and conveyed that they are working on treatment technologies to remove
antimony as well as reviewing pretreatment permits to reduce inputs to their collection system.
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 eight
previous CPAs for the Lincointon P;none issued in the past 12 months,
) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is.
141.10l
to +lichael Parker, ,acting Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water duality

7
PERMIT: , O025496
FACILITY: City of Lincaint n - LE t nint n WWTP
COUNTY, Lincoln
REGION. Mooresville
t o
Limit Violation
�� � a � �� 1 '� �. �,_ x —
l =•:
lvYONIT%aRltia £)UTFALLt
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER CRATE FREQUENCY
MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
07 �2 12 001
Effluent Antimony, Total (s b) 07/11112 Monthly
U911
52 ,
75 . 23=
Daily Maximum Exceeded None
07 .22.2 001
Effluent Antimony, Total (s ab) 07/31112 Monthly
tl tl
52 V
75 44.23-
Monthly Average Exceeded Non
PERMIT: RMIT: NCO004944
FACILITY, Performance Fibers Operations Inc - Salisbury Facility
COUNTYRowan
REGION: Moorea
Uruit Violation
MONITOR'NG OUTFALL t
VIOLATION
UNIT OF
cALDLILATED
R R " PPI
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE " OVER LlM4T
VIOLATION TYPE VIOLATION ACTION
07. 2012 001
Efffu t Nitro on, Ammonia Total (s 07/18112 'Weekly
N) - 8uantity Daily
l sf ay
46
77 / 57
Daily lmum Exceeded None
PERMIT: NCO04 8 7
FACILITY. Town n of Cleveland M Cleveland WWTP
COUNTYRowan
REGION: Mooresville
imit Violation
MONFrORING OLITFALLI
VIOLATIO
UN1`OF
CALCULATED
R PORT PPI
LOCATION PARAMETER DATE PRE UENU'Y
MEASURE
LIMIT
VALUE % OV R LIMIT
VIOLATION TYPE VIOLATION ACTION
,,07.20 ,2 001
Effluent Cofiform, Fecal MF, M-FC 071 7112 WyeONY
'#/100ml
400"
1,400 255
Weeklytdc Mean None
Rith,44,5
Exceeded ,