NC0081621_Enforcement_20120713

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Sent To Water and Sewer Authority
q of Cabarrus Cty
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or Po& Concord, NC 28026
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Mr Timothy Mauldin, Manager \
Water and Sewer Authority
of Cabarrus Cty Jig C 7 2012
PO Box 428 3. s:rviceYype
Concord, NC 28026 :. Certi d Mail ❑Farp Mail
swp/ma/LV-201 2-01 22/201 2071 3 ❑ =.isle tithe R pt for Merohandi
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_,eVISIONOF EIVERQuALIY
Division of Water Quality
DENR
610 East Center Ave. Ste 301 Mooresville. NC 28115 ,JUL 1 72012
SWP SECTION
MOORESVILLE REGIONAL OFFI".,'E
I„i,1l.,i,,,,II,,,If,i,I„,f,f,l,i,l,„lf„I,I,I„I,I,,,,I1,1

LE
MUNN I R A4,
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE Dee Freeman
Governor Director Secretary
July 13, 2012
CERTIFIEDIMAIL 7010 2780 0003 t461 9706
RETURN RECEIPT RFOUESTED
Mr. Timothy Mauldin
Wastewater Operations Manager
Water and Sevv'er Authority of Cabarrus County
P.O. Box 428
Concord, North Carolina 28026
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143 -215.1 (a)(6) and N`PDES Permit No. NCO081621
Muddy Creek WWTP
Cabarrus County
Case No. LV-2012-0122
Dear Mr. Mauldin -
This letter transmits a Notice of'Violation and assessment of civil penalty in the amount of
$312,78 ($175.00 civil, penalty + $137.78 enforcement costs) against the Water and Sewer Authority
of Cabarrus County.
This assessment is based upon the following, facts: A review has been conducted of the self
monitoring data reported, for March 2012. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Pen -nit No. NC0081621 . The violations are summarized
in Attachment A to this letter.
Based -upon the above facts, I conclude as a matter of law that the Water and Sewer Authority
of Cabarrus County violated the tenus, conditions, or requirernents of NPDES Permit No. NCO081621
and North Carolina General. 'statute (C.C.S.) 143 -2 15. 1 (a)(6) in the nianner 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 Envinumnent and Natural Resources and the Director
of the Division of Water Quality, 1, Marcia Allocco, Acting Surface Water Protection, Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the
Water and Sewer Authority of Cabarrus County:
Mooresville Regional Office
Lacatiow 610 East Center Ave, Suite 301 Mooresville, NC 28115 One
Phone: [phone] Fax �704) WaQ \ Customer service, 1-877-623-6748 NoilhCarolina
Internet, hftpJlpohal,ncdenr,orgI*ehvxq
An Eqwal OpportunrylAffirmativpAclion Employer- 30% RerydediIN Post ConsurnerpBper ,vatunvity

50a tl - For I of the one (1) violation of G.S. 143-215,1(a)( d
NPDES Permit No. NCO081621, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for biological oxygen demand (O ).
125.00 For�1 _—� of the one (1) violation. of GS. ;143-215,1(a)() and.
NPD S Permit No. NCO081621., by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
175,00 TOTAL CIVIL PENALTY
$----13T78 Enforcement costs.
312.78 TOTAL AMOUNT
Purse t to C1.S. 1 3-21 . A.(c), in determining the amount of the penalty 1 have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-2 11(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 east Ofrectifying the damage
(5) The amount of money saved by noncompliance;
(C) 'whether the violations were committed willfully or intentionally
() 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 cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following.
I.; Submit payment of the penalty.
Payment should be Trade directly to the order of the Department of Environment and Natural
ai
Resources (do not include waiver orr ). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality'
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
OR
2. Submit a written request for remission including a detailed justification for such request

a request for remission is limited to consideration of the five factors listed
the reasonableness of the amount of the penalty assessed. Requesting
procedure for contesting whether the violation(s) occurred or the accuracy
ants contained in the civil penalty assessment document. Because a
s the option of an administrative hearing, such a request must be
f your right to an administrative hearing and a stipulation that no factual or
Please prepare a detailed statement that establishes why you believe the
.tted, and submit it to the Division of Water Quality at the address listed
then a remission request will be approved, the following factors shall be
consiaerea:
(1) whether one or more of the civil penalty assessment factors in G.S. 14311-2811 (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting front
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 retrussion must be
submitted in writing, The Director of the Division of Water Quality 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
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 renrission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to
an Administrative Rearing and Stipulation of Facts" form 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 formsshould be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 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

-"qq
within. thirty (0) days of receipt of this notice. t"( petition is considered Filed when it is received in
the Office ice Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of :00 a.m. and ;i o 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 (l) copy and a filing fee (if a, filing
fee is required by NCGS § 1 1 -23 2) is received in the Office of Administrative Hearings within
seven (7) business days following the faxed or electronic trarisrnission. 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
Bearings are as, follows -
Office of administrative Heeiring
6714 Mail Service Center
Raleigh, NC 27699-671
'rel: (1) 431-3000
One '(1 ` copy, of the petition must also be served on l_ ENR as follows:
Mary Penny Thompson,, General Counsel
DEN
1601 Mail Service Center
Raleigh, Nis 769 -1601
Please indicate the case number (astound on page one of this letter) oil the petition.
Failure to exercise one of the options above within thirty (d) days of receipt of this notice, a
evidenced by, , 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 continuing Rat , not related too eratipri
- and/or maintenance p oblems and on antici ate remedial construction activities, then you �navwish
to consider a l °in fora Special t rder b onsgRt. if shave and uesti ris zit this civil ona t
assessment or a Special girder b orjpjplpase co at the Water ual tv ectior staff of the
Mooresville regional O ice at t7ti - .
(Date) Marcie Allocco, doting regional Supervisor
Surface Water protection
Mooresville Regional Office
Division of Water (duality

IFATTA7CHMENTS
W. Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files wl attachments

ATTACHMENT
CASE NO. LV-2012-0122
Outfall Date Parameter rt d Value Permit Limit
1 3/18-3/24 BOD 3 8.7 rig/l. 31 0 ing/L(Weekly average)
001 3/31/12 Armenia 12. mg/L 8.0 mg/L(Monthly average)
The meter and Buyer Authority of Cabarrus Countyresponse to NOV-2012-LV-0300
received on July 9, 2012, was reviewed by DWQ staff, Mitigating factors were found that
resulted in a reduced civil pualt, amount.

CAROLINA. DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COT JNTY OF CABARRUS
IN THE MATTER I° ASSESSMENT ENT WAIVER R T RIGHTTO AN
OF CIVIL PENALTY AGAINST 1 ADMINISTRATIVE V HEARING ITS
WATER AND SENATER AUTHORITY OF STIPULATION OF FACTS
BARRUS COUNTY
P RMI`I" ISO. CO0816 1
FILE NO, LV-2012-0122
Having been assessed civil penalties totaling $112.78 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated,jul 13 TIT , the undersigned, desiring
to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the
ahovve-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 it) support of a remission request will Ise allowed after 30
days,frorn the receipt of the notice of assessment,
This the ...:.: N mm w. _ ._ day of � ...._ µ .. _ ._ _> 2012
Y
ADDP&,SS

JUSTIFICATION FOR REMISSION REOI
DWQ Case Number: LV-2012-0122
Assessed Party: Water and Sewer Authority of Cabarrus County
County: Cabarrus,
Permit Number: NCO081621
Amount Assessed: $312.78
Please use this foun when, requesting remission of this civil penalty. You must also complete the
dory Re?n ' issJon ff"aiver of RiZht to an Adininistrative Heari����Ls'
form to request remission of this civil penaltyr, 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 arriount 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 containedin the civil penalty assessment docurnent.
Pursuant to N.C.G.S. § 14313-282, 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 wid 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 factors in KC.G.S. 14313-282. 1
jvTort full lien fc tl -detriment of ttie notitioner (the assessment,factors are listed in the civil
penalty assessinent document):
(b) the violator -prorp tjted continuignyru ironntd, am s. pnj lie R _LN abated -- ng — — — -�L— -d--AgeLjg,ultin� jft
violation (i,e,, explain the steps that you took to correct the violation andprevent./ature occurrenc(',,°,V),'
(c) the violation Nvas inadvertent4or a result of an accident (i.e,, explairz why the violation
was unavoidable or comet inn you could notprevent or prepare fi.')r),'
(d) the violator had not been assessed civil pMqftzes for anITreyiou i9lqtions-
_ �s_yy _
(e) pLayment of t1le Lc_Lvjl_Renal _p4yrrienjt for the rernainh
actions (i. e., explain how payment of the civil penalty will prevent youjom perfi)rnfiag the activities
necessary to achieve con�pliance.)'.
E X PLANATION. (use additional peqes as necessarj)

Violator: Water and SeNver Autfiqrit Cabarrus.-C-0—UP—tv i
Facility: Muddy (�regk WTP
County: Cabarrus
Case Number: LV-2012-0122
Permit Number: NCO081621
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; No harm has been documented to the, environment.
2) The duration and gravity of the violation; The BOD weekly average concentrations of 387 mg/L
for the week ending March 24th exceeded the permit limit of 30,0 mg/L by 29%. The ammonia
monthly average concentration of 12.7 mg/L exceeded the permit limit of 8.0 mg/L by 53.1W
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown- BOD and ammonia are both in -stream toxicants and oxygen -
consuming wastes, which are expected to reduce the amount of oxygen available to aquatic
organisms.
4) The cost of rectifying the damage; No damage has been established.
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 intentionally; The Division of Water Quality has
no evidence that the violations were committed willfully or intentionally. WSACC contacted MRCS as
soon as the violations were discovered and asked for Technical.Assistance. They also contacted the
engineering of the WWTP to lend guidance on the blowers at the facility,
7) The prior record of the violator in complying or failing to comply with programs over which the
En-wonmental Management Commission has regulatory authority; There have been three
previous CPAs for the Muddy Creek WWTP with no CPAs issued in the past 12 months,
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$137.7&
Date Marcia Allocco, Acting Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORTS VIOLATIONS for;
Report Date: 0611 11
Page: 1 of 6
PERMIT: C 081 r 1
FACILITY: Water and Sewer Authority of Cabarrus County - Muddy
COUNTY. Cabarrus
ra
{
REGION: Mooresville
Creek WWTP,
Limit Violation
MONITORING CUTFALL I
WOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE ° OVER LIMIT
VIOLATION TYPE
VIOLATION AC71ON
03 -2012 001
Effluent BOO, 5-Day (20 Deg, ) e 03/24112 3 week
rmg/l
30 ^r/�
3&67 �' 2 .5g
Weekly average Exceeded
None 0. f
Concentration;
03 -201 001
Effluent Nitrogen, Ammonia Total gas 03131/12 3 wBek
rmgll
8
12.65 % ` 53.12
Monthly Average Exceeded"
None 0 Ili � C;. ..
NI ondentrattori
4 .a
_
1
PERMIT- NCO0645
FACILITY: Halina R Genaro Q Lake Norman Motel WWTP
COUNTY: Catawba
REGION: Mooresville
Li �#y°IIatiOrs
�^
MONITORING OUTFALL f
VIOiLATGON
Ut.ViT LtF
CALCULATED
REPORT PPt
L tCATIK3N ARAMETER DATE FF Eta ENCY
MEASURE
IMfT
VALUE OVER LI T
1t10LATIt N TYPE
VIOLATION ATION ACTION
03 2012,"`+" 00
Effluent irl opnd�wltdk k 03t31l12 Weekly -
rngd
O.OQ75
00.tF30fa2 2 66,574 03
h# nthlyAver.ge Exc de
Nome
area t lant