NC0021628_Enforcement_20150917

Pat McCrory
Governor
North Carolina Department of Environmental Quality
November 3, 2015
CERTIFIED MAIL 7013 2630 0001 8998 2823
RETURN RECEIPT REQUESTED
Mr. Bryan Bowles, Town Administrator
Town of Norwood
P.O. Box 697
Norwood, NC 28128
Dear Mr. Bowles:
Donald R, van der Vaart
Secretary
Subject: Concerrrirtg Your Request to Remit Civil Penalties
Case: LM-2015-0021
for Town of Norwood - Norwwood. W WTP
NPDES Permit NC0021628
Stanly County
In accordance with North Carolina General Statute 143-215..6A(0, the Director of the North Carolina
Division of Water Resources (the Director) has considered the information you submitted in support of
your request to remit civil penalties assessed in the subject cases, The subject penalty -assessment case
totals $533.85 (including investigative costs of $143.85).
T"lie Director has granted partial remission for this case, a $140 remission for TSS and BOD frequency
violations, excluding investigative costs. This resolves to a total amount due of S393.85 i$ 390.00 civil
penalty - S140.00 (remitted amount for frequency vio➢ations) + $143.85 enforcement costs = $393.85].
We have attached a copy of the Director's decisions summary.
Two options are available to you at this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environrr:
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Ms. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
l 6 ] 7 Mail Service Center
Raleigh, North Carolina 27699-1617
OR.
1617 Mei1 Service Center, Raleigh, North Carolina 27699-16'17
Location: 512 N. Salisbury St, Raleigh„ North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www,ncwaterguallty,org
RECEIVED/NC,
WQROS
MOORFS\ ILLF F?EGIONAL. OFFICE
An Equal Opportunity 1 Affirmative Action Employer

2) You may request the Environtnental Management Commission's (EMC's) Committee on Civil
Penalty Remissions (the Committee) to make a final decision on your remission request
considering your additional oral input, as warranted,
If payments do not begin within 30 calendar days from your receipt of this letter, or if you miss an
interim payment in violation of the schedule, your current request for remission with supporting
documents and the Director's attached recommendation will be delivered to the Committee on Civil
Penalty Remissions for final agency decision..
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter
(see attached case -specific Requests). Send the completed form to:
Ms. Wren Medford
NC.DEQ/DWR/WQ Permitting Section
1.617 Mail Service Center
Raleigh, North Carolina .27699-1617
If you make such request(s), the .EMC Chairman will review the supporting documents and your request
for an oral presentation. If in his/her judgment the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If a presentation
is not required, the final decision will be based upon the wfitten. record.
Please be advised that the -.FMC's Committee on Civil Penalty Remissions will make its remission
decision based On the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you ,for your cooperation in this rnatter. If you have any questions, please contact Derek .Denard
at derek.denard.g.n.cdenr.gov or call 919-807-6307.
n
ce4y,
Attachments
cc: MR0/ Andrew Pitner, DWR-WQRO
Enforcement File
DWR Central Files
John Hennessy, Supervi
Compliance and Expedited Permitting Unit

"111Fr- DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number:
Assessed Entity:
M-2015-002I Region: Mooresville Cou ': Staid),
Town of Norwood - Norwood WWTP Permit No.: NC0021628
Assessment Factors
ri (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner: NOT .ASSERTED — Not Applicable.
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation: NOT ASSERTED — Not Applicable.
(c) Whether the 'violation was inadvertent or a result of an accident:
The Town only requested remission for the monitoring violations, The "Town attributed the monitoring
violations to inadvertent errors by both the driver for the contract laboratory and an operator on staff
with the 'fowl'. The cooler containing the samples was left at the WWTP and not delivered to the. lab,
Notes: The Town is required to monitor effluent BOD and TSS three times :per week with both
parameters having weekly average limits of 45 The Town only reported twice per week effluent
BOD and TSS values during the week ending 'January 3, 2015. The Town also exceeded the weekly
average effluent permit limits for fecal coliform and '1.„SS during the same week. A NOWNRE (NOV-
2015-LM-0031) for the limit and monitoring was issued on June 1.8, 2015 and the Town's response was
received on July 6, 2015, The civil penalty assessment (Case No. LM-2015-0021) was issued on
September 17, 201_5.
The operator did not ensure the samples were picked up by the contract lab. In addition, the Townhad
opportunity to initiate another sampling event later in the week (Wednesday through Saturday). The
Town has used this method of sample pickup with the contract lab for ten years with no issues, which is
a factor in support of a partial :remission :for the monitoring frequency violations.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED Not Applicable
Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions: NOT ASSERTED Not Applicable
(e)
DECISION (Cheek One)
Request Denied.
LI
Full Remission 111 Retain F forecment Cost?
Partial Remission $ O
Rer, 1012006
Zimmernian Director Date

NORTH '7AROLANA - ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF STANLY DWR Case Number LM-2015-0021
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
TOWN OF NORWOOD - NORWOOD WWTP
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the .Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case .noted above. In making this request, I assert that I understand all ofthe following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee -meeting held in Raleigh,
North Carolina.
Mvpresentation will be limited to,discussion of issues and informationinform aton submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
.Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will he speaking in a representative capacity for you or a business or governmental entity. If you Or your
representative would like to speak before the Committee, you must complete and return this formwithin thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See .www.ncbar.conVethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• ifyou are an individual or business owner and are granted an opportunity to make an oral presentation. before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice ()flaw,
• If you are a corporation„partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if .he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the -previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
,Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is inforin.ed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the
day of 20
SIGNATURE
TITLE (President, Owner, etc.
ADDRESS
TELEPHONE(

TOWN ADMINfSTRATOR
Bryan Bowies
TOWN CLERK
Virgil Hinson
TOWN FINANCE OFFICER
Virgil Hinson
Mr. Jon Risgaard
Environmental Supervisor IV,
WasteWater Branch NCDWR.
Dear Mr Risgaard,
TOWN Oi'. NloRWOoD
MAYOR
Beverly Johnson
MAYOR PRO TEM
tarry McMahon
COMMISSIONERS
Robert Allen
Darrell Almond
Stephen Bradley
Linda Campbell
1 am writing to you in regards to the NOV we received (Case No. LM-2015-0021) for the Town
of Norwood,
in December of 2014,.the driver for the outside lab that we use, inadvertently left the sample
cooler at the Wastewater Treatment Plant and they didn't get delivered to their lab. The
wastewater treatment operator didn't ensure that the driver picked up the coolers. I discussed
this issue with both of them, and they understand the importance of handing off the sample
coolers and maintaining the chain of custody.
i still serve as the ORC, as well as becoming the Town Administrator in July 2015, and worked
at the wastewater treatment plant every day for the past 11 years. In my 11 years at the
treatment plant, There was never a time that the samples didn't get passed on to the sample
driver because of a mistake. Because of that I am asking for the following.
There are 2 items that I am requesting remission for.
1) Failure to monitor BOD $75
2) Failure to monitor TSS $65
I feel sure that had the samples for the third day that week made it to the lab and tested,
the averages for BOD and TSS would have been brought back down into compliance.
Thank You for your consideration,
Bryan Bowles
Town Administrator
Town of Norwood
77
Norwoo
74-34I£r • Fax {'7 941471-320'1

JUSTIFICATION "OR RE ISSION REQUEST
DWR Case Number: LM-2015-0021
Assessed Party: Town of Norwood
County: Stanly
Permit: Number: NC0021.6 8
Amount Assessed: $533,85
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remis,sion, Waiver ofRight tc) an Administrative Hearing 0nd Stipulation 2i Facts
-
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.
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 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 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.C.G.S. 143B-281.1(b) were
wrongfully applied to the detriment of the petitioner ((he assessment factors are listed
in the civil penalty assessment document);
(b)
the violator promptly abated continuing environmental darnaesulting from the._
violation (Le., explain the steps that you took to correct the violation and prevent
occurrences):
(c) the violation was inadvertent or a result ' an accident (Le., explain why the violation
was unavoidable or something you not prevent or prepare fi)r);
(d) theviclator had not been assessed civil penalties for t ,Trev` violatiot
(e) palentofthecivi1_ptwjH prevent payment for the •remainin necessary rernedial
actions (i.e., explain how payment of the civil penalty will prevent you from perfOrming
the activities necessary to achieve compliance),
EXPLANATION: (use additional pages as necessary)

STATE OF NORTH CAROLINA DITARTMENT OF ENVIRONIVIENT
AND NATURAL RESOURCES
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINS
TOWN OF NORWOOD
PERMIT NIIMBER NC0021628
WAIVER OF I.1(10111 TO AN
ADMINIS IRATIVE HEARING AND
STIPULATION OF FACTS
Having been assessed civil penalties totaling $533.85 for violations as set forth in the
assessment document of the Division of Water Resources dated June 18, 2015, the undersigned,
desiring to seek remission. of the civil penalties, does hereby waive the right to an adn-Unistrative
hearing in the abovesstated matter and does stipulate that the facts are as alleged in the assessnient
document, The undersigned further understands that all evidence presented in support of remission of
this civil penalty must he submitted to the Director of the Division of Water Resources svithin 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request t 111 he
allowed after 30 days from the receipt of the notice of assessment.
This the day of 4e.4
2015
Baspan,
5.,n, (AI
a
re,
TEI,EPEIONE
7o '17
BY

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Mr. Bryan Bowles, To n Adminit
Town of Norwood
P.O, Box 697
Norwood, NC 2812
es:
October 5, 2015
rato
Subject: Remission Request of Civil 1
Norwood W VTP
NPDLS Permit NC0021628
Case Number LV-2015-0021
Stanley County
.er is to acknowledge your request for re
Your request will. be scheduled for revie
alty Assessment
of the civil pen.,
e Director and r
Donald R. van der Vaart
Secretary
WQ i" wO S
vied against the subject
will be notified of'the result.
lfytni have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Derek C. Denard. Environmental Specialist.
Compliance 8 Expedited Permitting Unit
Division of Water .Resources
cc: tnforcemerit file w/origin rls
Central Files /attachments
Mooresville Reional Office w/attachments
1617 Mail Service Center, Raleigh, North Carolina 27G99-1617
Phone:[phone]ntemet: www.newaterqua ly,org
y to a k Affirmative Acliom Employes' - Meade id pat by recycled paper

TOWN ADMINISTRATOR
Bryan Bowles
TOWN CLERK
Virgil Hinson
TOWN FINANCE OFFICER
Virgil Hinson
Mr. Jon Risgaard
Environmental Supervisor IV,
WasteWater Branch NCDWR
Dear Mr Risgaard,
TO WN Car NORWOOD
MAYOR
Beverly Johnson
MAYOR PRO TEM
Larry McMahon
COMMISSIONERS
Robert Allen
Darrell. Almond
Stephen Bradley
Linda Campbell
am writing to you in regards to the NOV we received (Case No. LM-2015-0021) for the Town
of Norwood,
In December of 2014, the driver for the outside lab that we use, inadvertently left the sample
cooler at the Wastewater Treatment Plant and they didn't get delivered to their lab. The
wastewater treatment operator didn't ensure that the driver picked up the coolers. I discussed
this issue with both of them, and they understand the importance of handing off the sample
coolers and maintaining the chain of custody.
I still serve as the ORC, as well as becoming the Town Administrator in July 2015, and worked
at the wastewater treatment plant every day for the past 11 years. In my 11 years at the
treatment plant, There was never a time that the samples didn't get passed on to the sample
driver because of a mistake. Because of that I am asking for the following.
There are 2 items that I am requesting remission for.
1) Failure to monitor BOD $75
2) Failure to monitor TSS $65
I feel sure that had the samples for the third day that week made it to the lab and tested,
the averages for BOD and TSS would have been brought back down into compliance.
Thank You for your consideration,
Bryan Bowles
Town Administrator
Town of Norwood
P. O. Box 697 16 South Maim Street
4) 474-
{704)474-32

JUSTIFICATION FORREMISSLON REQUEST
DWR Case Number: LM-2015-0021
Assessed Party: Town of Norwood
County: Stanly
Permit Number: NC0021628
Amount Assessed: $533.85
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Retni.ssion, Waiver of Right to an Administrative Hearin a d Sti ulation o Facts"
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.
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 N.C.G,S. § 143B-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)ormoreof282Ibwere
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
the violator promptly abated continuing environmental damage resulting from the
violation (Le., explain the steps that you took to correct the violation and prevent
future occurrence));
(b)
the violation was inadvertent or a result of an accident (Le., explain why the violation
was unavoidable or .something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e)
payment ofthe civil penalty will. prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from perfbrming
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

STATE OF NORTH CA OLINA DEPARTMENT OF ENVIRONMENT
NMENT
AND NATURAL RESOURCES;
COUNTY OF STANLY
IN THE TTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
TOWN N F N RW OI
PERMIT NUMBER NC0021628
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILENO. LM-2015-0021
Having been assessed civil penalties totaling $533.85 for violations) as set forth in the
assessment document of the Division of Water Resources dated June 18, 2015, 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 Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request IN ill be
allowed after 30 days from the receipt of the notice of assessment„
This the day of
eP�
ADDRESS
BY
215
TELEPHONE

North Carolina Departn en t of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
MEMORANDUM
TO: D. Jenard
FROM: W. Bell
THROUGH: A. Pitner, Asst. Regional Supervise
DATE: October 15, 2015
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NC0021628
Town of Norwood WWTP
Stanly County
Case Number LM-2015-0021
The Town attributed the BOD and TSS monitoring violations to both the driver of the contracted lab and
the on -site wastewater operator for not ensuring the samples were picked up for delivery to the lab.
The Town's representative (on -site wastewater operator) should have ensured that these samples were
received by the driver of the contract lab. In addition, the Town did have the opportunity to collect
additional samples during the remaining days of that week (Wednesday through Saturday). Based on
the review of all information pertaining to this remission request, this Office recommends that no
reduction of the civil penalty be granted.
Mooresville Regional Office
Loc tion: 610 East Center Ave, Suite 301, Mooresvi)ie. NC 28'1'13
Phone [phone] \ Fax: [phone] \ Customer Service; 1, 6"77-62 6748
Internet: www.ncwaterqua{ity.org
An Equal Opp t�aa i y yA.flirmative Actiori Empkryer - Recycl-et1'f10%Poste,

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2015-0021
Region: Mooresville County: Stanly
Assessed Entity: Town of Norwood Permit: NC0021628
(c) Whether the violation was inadvertent or a result of an accident;
The Town only requested remission for the monitoring violations. The Town attributed the monitoring violations to
inadvertent errors by both the driver of the contracted laboratory and on -site wastewater operator. The cooler
containing the samples was left at the VVWTP and not delivered to the lab.
The Town is required to monitor effluent BOD and TSS three times per week with both parameters having weekly
average limits of 45 mg/L. The Town only reported twice per week effluent BOD and TSS values during the week
ending January 3, 2015. The Town also exceeded the weekly average effluent permit limits for fecal coliform and TSS
during this same week. A NOV/NRE (NOV-2015-LM-0031) for the limit and monitoring violations was issued on June
18, 2015 and the Town's response was received on July 6, 2015. The civil penalty assessment (Case No. LM-2015-
0021) was issued on September 17, 2015.
The Town's wastewater staff have used this method of sample pickup with the contracted lab for over ten years with
no issues, The Town's representative (on -site wastewater operator) did not ensure the samples were picked up by
the contract lab, In addition, the Town could have initiated another sampling event to collect these samples during
one of the remaining days of this week (Wednesday through Saturday). Based on the review of all submitted
information, this Office did not find any mitigating factors to reduce the civil penalty amount.
Regional Recommendation (Check One)
Request Denied I1 Full Remission Ei
Partial Remission
Central Office Recommendation (Check One)
Request Denied Ej Full Remission Ei
Partial Remission
Director's Decision (Check One)
Request Denied E Full Remission Eri Partial Remission [11 Amount Remitted $
Date S. S. Jay Zimmerman, Director

pr
Pat McCrory
Governor
m
NCDEWt tim , tt,Vat
North Carolina Department of Environment and Natural Resources
Donald vari der Vaart
Secretary
September 17, 2015
CERTIFIED MAIL 7015 0640 0002 9295 6347
RETURN RECEIPT REQUESTED
Mr. Bryan Bowles
Town of Norwood
Post Office Box 697
Norwood, -North Carolina 28128
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. NC0021628
Norwood WWTP
Stanly County
Case No. LM-201.5-0021
Dear Mr, Bowles:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$533.85 ($390,00 civil penalty + $143.85 enforcement costs) against the Town of Norwood.
This assessment. is based upon the following facts: A review has been conducted of the self -
monitoring data reported for January 2015. This review has 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 the Town of Norwood violated
the terms, conditions, or requirements of NPDES Permit No. NC0021628 and North Carolina General.
Statute (G.S) 143-215.1(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,143-21.5.6A(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 Norwood:
Mooresme Regional Citioe
Locationi 610 East Center Ave,,. St 301 Mooresville, NC. 28115
Phone: [phone] \ Fax [phone]. Cusiomer Serrice: 1-877-623-6748
lnternet Onpitiiportalficdearorgirwebirwq
A 1Equat Opportunity tt, Affirmative Actictrt Employer — 30% Recycle1r10% Pats1Consitinor paptir.

250.00
75,00
65,00
390.00
143,85
533.85
For 1 of the one (1) violation of G,S. 143-215.1(a)(6) and
NPDES Permit No. NC0021628, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for fecal coliform.
For 1 of the one (1) violation of G.S. 143-215.1 (a)(6) and
NPDES Permit No. NC0021628, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for total suspended solids.
For _L of the one (1) failure to monitor for BOD in violation of
the terns of NPDES Permit No. NC0021628,
For 1 of the one (1) failure to monitor for total suspended
solids in violation of the terms of NPDES Permit No.
NC0021628.
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. 14313-282.1(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver limn). 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
OR
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 of the factwil 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 he
considered:
(1)
(3)
(4)
(5)
whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment ofthe petitioner;
whether the violator promptly abated continuing environmental damage resulting from
the violation;
whether the violation was inadvertent or a result of an accident;
whether th.e 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 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 pa.yment, 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 ofthe 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 "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
161.7 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
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
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in
the Office of Administrative Hearings during normal office hours. The Office of Administrative
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 §150B-23,2) is received in the Office of Administrative 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 andior the details of the
tiling 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 276.99-6714
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) the petition.
Failure to exercise one of the options above within thirty (30) daysof receipt of this notice, as
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 be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment, if you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
(Date)
w-LMichael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

ATTACHMENTS
Mooresville Regional Office Compliance .File wi attac ems
Raleigh li :nceL oree ,e .t File iv/ .tt e eras
Central Files l attachments

ATTACH ;'T A
CASE NO. - +lll -OO 1
Outfall Date Para to
001 week ending 1r' .15 Fecal Coliform
1week ending l//15
001 week ending 1/ /15
001 week ending 1/ 15
TSS
TSS
Bl
Reported ato
0 ilo triL*
48.15 nag/l
2/week*
2/week*
Pe It not
400 ' I1 , (Weekly average)
5 rug/l (Weekly ve a e
Monitor 3/ peek
Monitor 3/week
Denotes civil penalty assessment
Town of Norwooresponse to I V-2015- -0031 received on July 6, 2015 was
reviewed by D R staff. Mitigating factors were not found to result in a reduced ei
v
penalty amount

STATE OF NORTII. CAROLENA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
TOWN OF NORWOOD
PERMIT NUMBER NC0021628
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. I M 2015-002I
Having been assessed civil penalties totaling 533.85 for v olatiort s) as set forth in the
assessment document of the Division of Water Resources dated June 18, 2015. 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 Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after TO days from the receipt of the notice of assessment.
Ills the day of,015
BY
ADD SS
TELEPHONE

JUSTIFICATION FOR REMISSIONREQUEST
DWR Case Number: LM-2015-0021
Assessed Party: Town of Norwood
County: Stanly
Permit Number: NC00.21628
Amount Assessed: $533.85
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing. and Stipulation of Facts"
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.
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 N.C.G.S. § 143B-282.1(e), 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 penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully, applied to the detriment of the petitioner (the assessment factors are listed
in the civilpenaity assessment document);
(b) the violator promptl..- abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
figure occurrences,;
(c) the violation was inadvertent or a result of an accident explain why the violation
was unavoidable or something you could not prevent or prepare for);
(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., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance),
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator. Town of Norwood
Facility: Norwood WWTP
County: Stanly
Case Number: LM-2015-0021
Permit Number: NC0021628
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;
2) The duration and gravity of the violation; The fecal coliform weekly average effluent limit
violation exceeded the penult limit by 50%.
The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown. Fecal coliform is an indicator species for possible pathogens and
increased levels can signal human health hazards.
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 intentionally; The Division of Water Resources
has no evidence that 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;
There have been 13 previous CPAs for the Norwood WWTP with the last CPA being issued on
September. 11, 2015 for a fecal coliform weekly average limit violation that occurred in November
2014.
8) The cost to the State of the enforcent procedures.
The cost to the Division of Water Resources is $143.85.
Date
Tylichael L. Parker, Regional upervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR