NC0046728_LV-2015-0136_20150826 (2)

PPPP""_
Basinger, Comy
From: Mckinnon, Barry <bmckinnon@ �.rno r 111 :nc,u >
Sent: Thursday, June 06 217 :41 AM
To: Basinger, Corey
Subject RE: Civil penalty case LV-2015-0136
Corey,
The NOV was coded and sent to Finance yesterday, The check should be tut on the June 16 and mailed to you then!
Barry L, McKinnon, P `
Public Utilities Director
Town of Mooresville, N
704-799- 201
From: Basinger, Corey mailta:cor y.basin er@ncd nr. o ]
Sent. Tuesday, June 6, 2017 12:57 PM
To: McKinnon, Barry <brnckinnon @ci,moores ille.nc:us>
Subject: RE: Civil penalty case #Lip'-2015- 136
Barry,
Many thanks for tracking this down. Attached please find a copy of the original assessment document.
In order to expedite the processing, please make the check payable to:
Department of Environmental" Quality
To the following address;
Division of Water Resources
610 Ed Center Avenue, Suite 301
Mooresville, NC 28115
ATTN: W. Corey Basinger
Thanks again for all your efforts in resolving this matter.
Corey
W Corey Basinger
Regional Supervisor
Division of hater resources
Mooresvilleregional Office
[department of Environmental Quality
Chairman
Water Pollution Control Systems Operator Certification Commission
704- 35-21 office
1

ppp-
PP777,
core l,basin qer@ncdenrgov
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NG 28115
-"Nothing Comparres
E,r,oa# corresf,',�onoleoce to and fron',, this ack,'Yress is sabjr'E,',Ct to the
North Pubhc and alay be disclosed to third parfies',,-
Barry L. McKinnon, PE
Public Utilities Director
Town of Mooresville, NC
704-799-4201
From: Basinger, Corey trn ittocorey.basin r@ gov
Re_
Sent. nday, June 5, 2017 9:48 AM
To: McKinnon, Barry <[e-mail]>
Cc: Pitner, Andrew <gLnqrewpitnerLa)ncdenr&qy>; Bell, Wes <wes. bet I @Lncdenrgov>
Subject: Civil penalty case #LV-2015-0136
Mr. McKinnon,
I hope all is well with you.
The purpose of my email to ask for your assistance in gathering information relative to a civil penalty case (LV-2015-
0136) that was issued to the Town of Mooresville (Rocky River WWTP) on August 26, 2015 in the amount of $643.85 for
effluent limitation violations.
I have been tasked with cleaning up our database and this case is listed as outstanding without payment, If you would
be so kind as to investigate within your records to determine the status of this case, it would be most appreciated.
11

PPPPIfF-You have records that demonstrate this civil penalty was paid, I can correct our database following receipt of that
information. I apologize in advance for any inconvenience this may cause you and the Town.
if you find that the civil penalty has not been paid, I would like to discuss settlement of this case with you at your
convenience. I may be reached directly at 70 -2 -2t 4.
Many thanks for all your assistance in this matter.
Corey
BasingerW Corey
Regional Supervisor
Division of Water Resources
Mooresville Regional Office
Department of Environmental Quality
Chairman
Water Pollution Control Systems Operator Certification Commission
04- - 194 office
care ,basin er ncdenr v
Mooresville Regional Office
10 East Center Avenue, Suite 301
Mooresville, NC 28115
.Erna�f corresponctence to and from this address Js subject to the
Ncv'th Carolina Public Records Law and may be disciased to third padies,
N"Cl-

"Vy
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
August 26, 2015
CERTIFIED MAIL 7015 0640 0007 5707 4791
RETURN RECEIEIAE_QEIE
Mr. Barry McKinnon
To of Mooresville
Post Office Box 878
Mooresville, North Carolina 28115
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and NPDES Permit No. NC0046728
Rocky River WWTP
Iredell County
Case No, LV-2015-0136
Dear Mr. McKinnon:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$643,85 ($500 civil penalty + $143.85 enforcement costs) against To of Mooresville.
This assessment is based upon the following facts: A review has been conducted of the, self -
monitoring data reported for March 2014. This review has shown the suh�ject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0046728. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the To of Mooresville
violated the terms, conditions, or requirements of NPDES Permit No. NCO046728 and North Carolina
General Statute (G. S.) 1. 43 -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 Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the Town of Mooresville:
MooresvMe Regionat Office
Locatom 610 East Ceruef Ave,, Suite 301 MooresOle, NC 28115
Phone: J04) 663-1699 i Fax: [phone]w Customer Service: 1-8-77-623-6748
Internet: htipJ1porta1.ncdenr.oqwebtWq
An Employsj-309/o Recyd(410% Posteownumerparer

$_ 5K00
50000
$_ 143.85
643.85
For I of the one (1) violation of S, 143
NPDES Permit No. NCO046728, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for BOD.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S, 143-215,6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (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 from 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 failing 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 oft penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include uaiverforrt), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit payment to the attention of.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
MH
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 oft e 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 a detailed statement that establishes why you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources 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. 143B-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 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 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 of Water Resources 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
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
remissionrequest 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 Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
M
From-ra M,
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 Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in

the Of of Administrative Hearings during normal office hours. The Office of Administrative "qq
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
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 § 15013-232) is received in the Office ofAdrain istrative 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 and./or 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. 27699-6714
Tel, [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, 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 by an internal date/time received stamp (not a postinark).,will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action,
((D
NNIMMINENNEWIM
Michael L. Parker, Regional Supervisor
Water Quality Regional, Operations Section
Division of eater 'peso urces, NCI ENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A.
CASE N. LV-2015-0136
Outfall Date Parameter Renorted Value Permit Limit
1 meek ending /1/14 BO,D 18.7 m /L 15 rig/L Weekly average)
Denotes otes civil penalty assessment
The Town of Mooresville's response to NOV-2014-LV-0365received o ug st 7, 2014
was reviewed by DWR: staff". Mitigating factors were notfound to result in a reduced civil
penalty amount.
'The weekly average BOD concentration was reported in the monitoring week ending
March 19 2014. Therefore, this permit e eeedanee is considered a March 2014 permit
limit violation,

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
TOWN OF MOORESVILLE STIPULATION OF FACTS
PERMIT NUMBER NCO046728
FILE NO. LV-2015-0136
Having been assessed civil penalties totaling $643.85 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 28.2014 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 Nlater Resources 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 from, the receipt of the notice, of assessment.
This the day of 2015
BY
ADDRESS
'TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWRbase Numbet LV-2015-0136
Assessed Part, y: Town of Mooresville
County: Iredell
Permit Number: NCO046728
Amount Assessed: $643.85
Please use this form when requesting remission of this civil penalty. You must also complete the
I t
"Reauest For Retnisffff� sion, 'at��Mt to an �,4dministrative Hearin and Stipulation of'T, ac s
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 aniount, of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting --xhether 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. § 1431 -282.1(c), remission of a civil penalty may be granted 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 civil
er (the assessment./actors are listed
in the civil penalty assessment document,);
(b) the viol
violation (i.e., explain the steps that you took to correct the violation andprevem
.,future occurrence);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
waunavoidable or .something you could not prevent or prepare Derr);
(d) the violator had not been assessed civil Penalties for any Previous violations;
(e) payment of the civil ial
actions (i. e., explain how pqyment of the civil penalty will prevent youftom performing
the activities necessary to achieve compliance).
EXPLANATION: (use additionalpages as necessaty)

Violator: To of Mooresville
Facility: Rockv River WWTP
County: Iredell
Case Number: LV-2015-0136
Permit Number: NCO046728
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.
The; duration and grav4 of the violation; The, BOO weekly averag�e permit limit w" exceeded by
24.7% on the week ending March 1 2014
The ef(cet on ground or surface Water quantity or quality or on air qualityl The effect on the
receiving strearn is unknown. BOO is an oxygen4consUming waste and increased concentrations
could redute the amount of oxygen available to aquatic organisms.
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 iotcationally; The Division of Water Resourcel
has no evidence that the violatioof intentionally I
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
I�illi 11 1111111!11� 111111
1 �**IOMUMWI
8) The cost to the State of the enforcement procedures
s is $ The cost to the Division of Water Reso"7 14185.
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR