NC0021628_Enforcement_20101007

Beverly Eaves Perdue
Governor
NCDENR
Noril ( ruHna Department of Environment and 'Natural Resources
Division of Water Quality
Coleco U Sullins
Director
CERTIFIED MAIL 7009 22.50 0004 3266 2.538
RETURN RECEIPT REQUESTED
Mr. Dwight Smith
Tox.vD Administrator
Town of Norwood
Post Office Box 697
Norwood, North Carolina 281.28
SUBJECT:
er 7, 2010
Dee Freeman
Secretary
Anw
Notice of Violation and Assessment of Civil
Penalty' for Violations of N.C. General Statute
143-215.100) and NPDES Permit No, NC0021628
Nom ood WWTP
Stanly County
Case No. LV-2010-0342
Dear Mr. Smith:
This letter transmits a 'Notice of Violation and assessment of civil penalty in the amount of S336.74
(S2000 civil penalty + S86.74 enforcement costs) against Norwood.
This assessment is based upon the -(ollowiriL4 facts: A review has been conducted of the self -monitoring
data reported for July 20'10. .fhis review ha shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. NC0021628. The violations are summarized in Attachment .A to this
letter..
Based upon the above facts, I conclude as a matter of law that Norwood violated the terms, conditions,
or requirements of NPDLS Permit No. NC0021628 and North Carolina General Statute ('G.S.) 143-215.1(a)(0
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 Nvith authority
provided by the Secretary of the Department of Environment and Natural Resourcesand the Director of the
Division of Water Quality, 1, Robert 13. Krebs, Surface Water Protection 'Regional Supervisor for the
Mooresville Region, hereby make the 'following civil penalty assessment against Norwood.:
Nlo:ortsvillc Regif8nal Office
I_AlcatiOn: 610 East Caner Slime 301 Moon:1.'8.61k% N. 281IL18
(701) 6681-1699 Fax' (7(44)663-6040 8 1 u$68mer 1-877-623-6748
1iirfl
Euuat CnnOnritni!y A fir,nann,,,,, rnploycx SON Recycled''10% POCI COnSarter
Nor4-thCar‘olina

250.00 For I_ of the one (1) violation of G,S, 143-2 l 5, I ia)( 6) and
NPDLS Permit No, NC0021628, by discharging Was t e into the
waters of the State in violation of the permit weekly average
effluent limit for fecal coliform,
250:00
86,74
-274
TOTAL CIVIL PENALTY
Enforcement costs,
TOTAL AMOUNT DU -
Pursuant to 6,S. I 43-2 1.5.6A(c), in deterinining 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-282,1th), ‘vhich are:
(1) 'Ifhe degree and extent of hann. to the natural resources. of the State, to the public health, or to
private property resulting from the violations;
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 will fully or intentionally;
(7) 1 Eie prior record of the violator in complying or failing to comply with programs over which the
lEnvironmental Management Commission has regulatory authority; and
(5) The cost to the State of the enforcement procedures.
Within thirty days of receipt o this notice, .ou must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department. of Environment and 'Natural
Resources (do not include waii:erfirrni). 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 ComplianeetEnforcement. 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
ed justification for such request:

Please be aware that a requestfor remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the aniount of the penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violationts) occurred
or the accuracy of any of the 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 wily .you believe the civil, penalty should be remitted, and submit it, to the Division of
Water Quality at the address listed below. In determining whether a I'CriliSS(011 request will be
approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment. factors in (IS, 14313-282_1(b) were
wrongfully applied to the detriment of the petitioner:
(2) hether the violator promptly abated continuing envi, o'—' ental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result °Ian 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 aC(1011S.
Please note that, all information presented in supportof your request for remis,sion must be
submitted in writing, Tihe Director of the DiViti(01) of Water Quality will review your evidence
and infirm you of his decision in the matter of your remission request. 'Ifhe response will,
provide details regarding case status, directions for payment, and provision for further appeal of
the penalty to the Environmental Mana,gernent Commission's Committee on Civil Penalty
Remissions ((ommittee). 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 complete and submit the enclosed "l‘kraiver of Right to an
Administrative hearing 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 forms should be submitted to the following address:
Point Source CA),mplianee/Enforcement (than
Division of Water Quality
1617 J\lail Service ('enter
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearing Administrativ - 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 "mist file the petition with the Office of Administrative Hearings within thirty (30) days of receipt

of this notiee„A petition is considered tiled When it is received in the Office of,,\dministrativel-learings
during normal office hours. -lite Office of Administrative 171earings accepts filings 'N'Ionday through
Friday het \veen the hours of 8:00 aim and 5:00 p.m., except for official state holidays° The petition may
be filed by facsimile (fax) or electronic mail. by an ,Latached the (\vith restrictions) - provided the signed
original, one (1) copy and a filing fee Cif a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (17) business days following the faxed or electronic
transmission You should contact the Office of Administrative He'Lirings 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 (.)Ctice of .Administrative Hearings are as .follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-671.4
Tel [phone]
Fax: [phone]
One 'om: of the petition must also be served on DFNR as follows:
iVlary Penny Thonipson, General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this letter. as c idenced
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 or the penalty through a civil action.
Please he advised that additional penalties ma) he assessed for violations that occur after the review
period of this assessment° If the violations are of a continuing nature not related to operation andor
maintenance problems. and YOU anticipate remedial constriiction activities, then von may wish to consider
apitingjOr aSINeil Order by Consent. If \ ou ha‘ c any questions about this civilpenalty assessment or a
Special Order bv Consent. please contact the Water Quality Section staff of the Nlooresvil le Regional Office at
04'663-1699.
(Date
,A 1 [A(I IMF
Robert B Krebs
Regional Supervisor
Surface Water Protection
:Mooresville Regional Office
)ivision of W`'‘'iter
ce: Water Quality Reional Supervisor wl nachments
Compliance/Enforcement File \v' attaehmenk
Central Files W4 attachments

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doctitnent of the .1)ivisien..0f.WOter Q u dtited October 7, 2010, thcundersi.g.rtedl. •d6irinoHt ...k•ek.: retiss•i0ti
dees..herebyewttive:t1eetia.4(to.a...Radrninitrative 1i ri n 0 aboyet•stated,:lnatter and.
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Di.visie.r.eofEWIter (,).uality.skiftitin, 30 0.a.ysi.:017..teet1pt.i..efthe rietiee (.47 iassessment..,,. No .rtew elidencein.suppOitof
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JUST FICAT . _
DWQ Case Number: LV-2010-0342
Assessed Party: Town of Norwood
County: Statily
Permit :s'iumber: NC0021.268
Amount Assessed: S336.74
N RE
UEST
Please use this form When requesting remission of this civil penalty. You must also complete the ''.Reqiiest For
Remission, Waiver of Right to. an Administrative ffearipzg,. and Stipulation of F(1cts" :Corm 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 he aware that a request for
remission is !Mined 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
hether 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. §14.3B-282.ltc), remission of a civil penalty may be granted only.
when one or more of the following live factors applies, Please check each factor that you believe 'applies to
your case and provide as detailed exphmation, including copies of supporting documents, as to why the It:actor
applies (attach additional pages as needed).
(a) one or more of the civil penaltv assessment factors in N.C.G.S.143B-282.1(b) were wrongfully
implied to th.edetriment of the petitioner (The assessment tors are listed in the civil penalty, assessment
document);
(b)
the violator promptly abated continuing environme . a damage resulting fryt the violation
explain the steps that y;oit wok to correct the violation and prevent inture occurrences);
(c) the violation was inadvertent or a resuit of an accident. (Le., c l01fl why the violation was
unavoidable or something you could not prevent or prepare fn);
(d) the violat had not been assessed civil penalties for any previous
viati�i
(e) pLayrnent of the civil penalty will preventpayment
(Le, explain how payment of the civil penalty will prevent you
achieve compliance),
EXPLANATION: (use additional pages as necessary)
he retna1wngneceSSarY remedial actions
e ning the activities necessary to

F aei
County':
Case lurrnber:
Permit Number
N )RT1-1 CARO
Toixii of Nor vroad
Nori,N od WIATTP
Starilv
LV-2010-0342
NC0021628
The degree and a tent of har
private property resulting fror
Fe
pathoget
form
an indicator sly
above permit
NA 1)I w ISION OF 'V AT QUALITY
ASSESSMENT FACT R
ct the natural; resources o the State, to the public health, or to
the violation;
of bacteria that °o1d1
2) The duration and gravity of the violation
diet a tl
th from
l"he violations occurred during the ek ofJuly -10, 201t1. The ai era e fecal colt rrra count °as
reported at 5%,% above the permit limit (6 11 0 rail reported vs. 1100 rl perm:.
The e
n r4ourr;o
Not effects are
a human health
surface water quantity or quality or ort air quality;
petted n cund eater• or
ncern downstreanr ref the far
4) The cost of rectify
'I' he cost i 1
The,
No f r°
nkno
count of.
ig the dai
Bagel
quality. Surface Paters
3
oney saved by noncomplian e
rpears to ha
Whether the violation
l`ht violation dot:
been saved by the rozrc:rr
Pas eomn
not appea
p
ance:
intention
or irrteritional..
ikely ttr be impact

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
Case Number
LV-2010-0255
Description
Fecal coliform Aveekly limit violation in 5/10, civil penalty assessed $335.37
remission requested 9/1,5/10,
010-0061 Fecal eoliform weekly limit violation in 11/09„ civil penalty $335.37 pd.
1,V-2
319110.
1 V-2010-0333 Fecal coliform weekly limit violation in 6/09, case open
8) The cost to the State of the enforcement procedures.
Staff preparation of enforcement pakage: 1 hour at $33,19/bour
SWP Regional Supervisor review: 1 hour at $38.55/hour
Clerical Support: 1 hour at $15,00/hour
Total: S86.74
tta
Date
RO Supervisor
Division. of Water Qualiq

MONITORING REPORT(MR) VIOLATIONS for: RepoS Date 1Or07/10 Page 1 of I
Permit_ 1* MRs Between: 7-20 1C1 and 7-20 10 Region; Mooresolle Violation Category,. Limit VioWtion Program Category: NPDES1A11A,
Facility Name', % Param Name % County% Subbasin: Yo Violation Action; None
Major Minor:
PERMIT: NC0066141 FACILITY: Town of Spencer Mountain - Spencer Mountain WTP
COUNTY: Gaston REGION: Mooresville
Limit Violation
MONITORING OUTFALL
REPORT PPI LOCATION
PARAMETER
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
07 -2010 001 Effluent Chlorine, Total Residual 07/16/10 2 X month ug/1 28 170 507,14 Daily Maximum Exceeded Nene
PERMIT: NC0078361 FACILITY: Salisbury -Rowan Utilities - Second Creek WWTP
COUNTY: Rowan REGION: Mooresville
Limit Violation
MONITORING OUTFALL VIOLATION UNIT OF
REPORT PPP LOCATION PARAMETER DATE FREQUENCY MEASURE
LIMIT
CALCULATED
VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
07 -2010 001 Effluent BOD, 5-Day (20 Deg. C) - 07/31/10 Weekly mg/I 45 60.8 12.89 Weekly Average Exceeded None
Concentration
PERMIT: NC0021628 FACILITY: Town of Norwood - Norwood WWTP
COUNTY: Stanly REGION: Mooresville
Limit Violation
MONITORING ODATE FREQUENOy MEASURE C A LVCAL IL
LAUETEC) OVER LIMITUTFALL VIOLATION 1
REPORT PPI LOCATION PARAMETER UNIT OF
, 07/10/10 3 X week #000MI LIMIT
400 698,86 Weekly Geometric Mean None 07-2010 001 Effluent Coliform, Feca MF, M-FC
74,71
Exceeded
Broth,44,6C '
VIOLATION TYPE VIOLATION ACTION