NC0046728_PC-2016-0046_20160720

PAX MCCRORY
Governor
DONALD R. VANDER VAARf
Surrefary
S, JAY ZIMMEM4AN
July 20, 2016
CERTIFIED MAIL 7009.L250 0000 8087 1245
Mr. Barry McKinnon, Public Utilites Director
Town of Mooresville
PO Box 878
Mooresville, NC 28115
SUBJECT: Assessment of Civil, Penalty for Violations of the Reporting Requirements
Case No. PC-2016-0046
Failure to Register & Submit Electronic Discharge Monitoring Reports (eDMRs)
Rocky River WWTP
NPDES Permit NCO046728
Iredell County,
,Dear Mr. McKinnon:
This letter transmits a notice of a civil penalty assessed against the Town of Mooresville in the amount
of 00.00 (includes $ 10(. 00 in enforcement costs).,
Per the: terms of your NPDES pernift, you were required to register for, and begin using, the eDMR
system by 12/27/2014, Our records indicate that as of the date of this letter, the subject facility has
registered, but is not submitting data electronically. Failure to begin submitting reports electronically is
a violation of the terms of your permit.
A Notice of'Violation (NOV'-2015-PC-0213) was sent to you for failure to register for, and
begin using, the eDMR system by 12/27/2014. This notice was received by you on 9/14/2015.
Within said notice, you were informed that this office will recommend the assessment of civil
penalties if you do not register the
August 2015 eDMR. Registra e Town
of Mooresville has failed to submit data electronically,
A Notice of Deficiency (NOD) was sent to you for failure to register for, and begin UlSillg, the
eDMR system by 12/27/2014.',rhis notice was received by you on 3/18/2015. Within said
notice, you were informed that in order to reduce risk of receiving additional entorcernent
action, you must complete your registration within 30 days of receint of this notice,
The State's enforcement costs in this matter may be assessed against the Town of is ooresville. pursuant
to NCGS, 143-215.3(a)(9) and NCGS 14313-282, 1 (b)(8),
Based upon the above facts, I conclude as a matter of law that the Town of Mooresville violated the
terms, conditions orr-equirements of'NPDES Permit NCO046728 and GS. 143-215.65 in the manner
and extent shown above. In accordance with the maximun-is established by G.S. 143-215.6A(a)(2), a
State of North Carolina I Environmental Qijajity I Water Resources
1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919-707-9000

Mr. McKinnon
NPDES Permit NCO046728
Case No. PC-2016-0046
July 20, 2016
Page 2 of 5
civil penalty may be assessed against any person who violat - the terms, conditions or requirements of
es
a permit required by G.S. 143-215.1(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 Environmental Quality and the Director of the Division
of Water Resources, I hereby make the following civil penalty assessment against the Town of
Mooresville:
500,00 For -violation of NCGS 143-215.65 and NPDES Pennit NCO0467'28, Failure to
Submit Electronic Discharge, Monitoring Reports (eDMRs).
$ 1 KOO Enforcement Costs
$ — — — §(—)0-00 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. 14313-
2 82. 1 (b), which are:
(1) The degree and extent of ha nn to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on fqound 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 violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with pro rains over which
the Enviroitinental Management Commission has regulatoryauthority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do orie of the following,
I Submit payment of the penalty
Payment should be made directly to the order of the Deparmient of Environmental Quality (do not
include uwiver,fbrin), Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit paynient, to the attention of
Wren Thedford
NC DEQ/DWRAVater Quality Pen-nittingSection
1617 Mail Service Center
Raleigh, North Carolina 27699-1017
HN
2. Submit a written request for rentission or mitigation including a detailed justification for
such request:
Please be aware that to request for retnission 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

Mr, McKinnon
NPDES Penrat NCO046728
Case No. PC-2016-0046
July 20, 2016
Page 3 of 5
or the accuracy Of any Of the factual statements contained in the civil penalty assessment
doculuent. Because a remission request forecloses thePt
option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
sp . s epar
stipulation and agreement that no factual or legal issues are in dis me please prey e a detailed
statement that establishes �vby you believe the civil penalty should be renutted, and submit it to the
Division of Water Resources at the address listed below. In deten-nining whether a remission
request will be approved, the -following factors shall be coiisldercd
(1) whether one or more of the civil penalty assessment factors in, NCGS 14313-282. 1kb)was
wrongfully applied to the detriment of the petitioner; al damage resulting frorn the
(2) whether the violator PrOmPtlY abated continuing environment
violation;
(3) whether the violation was inadvertent or a result of all accident; i lations- or
(4) whether the violator had been assessed civil penalties for any previous v 0 7
(5) whether payment of the civil penalty will prevent payment for the remaining; necessary
remedial actions.
PI case note that all evidence presented in support of your request for remission must be submitted
in writing, The Director of the Division of the Division of Water Resources will review your
evidence and inform you of his decision in the matter of your retnission request. ne response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Envirmurtental 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 c(Unplete and submit the enclosed "Request for Remission
of Civil penalties, Waiver of Right to zin 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 RemissionRecluest." Both forms should
be submitted to the following address:
Wren Ther ford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3, Hle a petition for an administrative hearing with the Office of Adnitinistrative Hearings'
If you wish to contest any stateirient 11 1 S file a petition for
, the attached assessment doculilent, you must f
air administrative hearing, You may obtain tile petition forril ftom, 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

Mr. McKinnon
NPDES Permit NCO046728
Case No. PC-2016-0046
July 20, 2016
Page 4 of 5
Administrative Hearings during nol office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 pm,, 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 faxed
transmission, The mailing address for the Office of Administrative Hearings is -
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsinrile: [phone]
Al
Mail or hand -deliver a copy of the petition to',
General Counsel
Department of Environment 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) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an intern, al 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 you have any questions, please contact Derek Lenard at 919-807-6307,
inter y,
S. Jay Zimmerman, P.G., Director
Division of Water Resources, NCI EQ
ATTACHMENTS
110,011 WIN
cle:
Enforcement File IBC- 2016-0046 w/attachments
Central, Files w/attachments

ATTACHMENT A
Town of Mooresville
CASE NUMBERP - 016-6848
PERMIT: N O0467 8 FACILITY. Rocky Diver WWTPCOUNTY: Iredell REGION. Mooresville
Other Violations
MONITORING VIOLATION
PENALTY REPORT AREA S IP'nON BATE VIOLATION TYPE
500.00 (Monitoring and failure to submit eDMR 8120115 Permit conditions violations
Reporting
Requirements

STATE OF NORTH CAROLINA DEPARTMENT iEI' T F ENVIRONMENTAL
QUALITY
COUNTY OF IREI E'L
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
F CIVIL PENALTIES AGAINST ADMINSTRATIVE HEARING AND
TOWN OF MOORESVILLE S"1IPU ATION cis FACTS
ROCKY RIVER ww,rp
PERMIT NO. NCO046728 FILE NO. PC-2016-0046
Having been assessed civil penalties totaling 0I.00 for illation s as set forth in the assessment
document of the Division sion of Water Resources dated July 20, 2016, the undersigned, desiring to seek
remission of the civil penalty, 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 itr support of remission of this civil penalty must be submitted to
the director of the Division of Water Resources within thirty days of receipt of the notice o
assessment, No new evidence are support of a remission request will be allowed after (30) days from the
receipt of the notice of assessment.
This the day df _ _20 1 6.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQ
jjEST
DWR Case Number: FC- U1 04 County. Iredell
Assessed Entity:: Town of Mooresville - lfto ky Rives WvVTP
Permit No.: NCO046728 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Remission, Waiver of Right to an 4dininistrative Hearing, andStipulation of 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 live 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 NC:.C. 143 -g8 . ] (c), remission of a
civil penalty may be granted only when one or more of the following five factors apply. please cheep 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 penalty assessment factors in N . ... 143B-.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment ,actors are listed in the civil
penalt
Q (b) the violator promptly abated continuing environmental damage resulting frorra the violation
(i.e, explain the steps that you took; to correct the violation and pre ent /iiture occurrences);
(c)" the violation was inadvertent or a result of an accident, (i.e., explain $ky the violation was
unavoidable or asomet tin yoga druid not prevent or prep aremfor ){
Ej (d) the violator had not been assessed civil penalties for any previous violations
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., eixplain how payment of the civil penaly will prevent you i-carry petjbrndng the activities
necesswy to achieve cotnplicance)
EXPLANATION: