NC0021628_LV20160155_20160803

WaterResources
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Certified Mail # 7015 1520 0002 8386 7700
Return Receipt Requested
August 03, 2016
W. Dwight Smith, Administrator Town
Town of Norwood
PO Box 697
Norwood, NC 28128
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PAT MCCRORY
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DONALD R. VAN VAART
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SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North. Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0021628
Town of Norwood
Norwood WWTP
Case Na, IN-2016-0155
Stanly County
Dear Mr, Smith:
S. Y ZIMMERMAN
Dinglor
This letter transmits a Notice of Violation and assessment ofcvi1 penalty in the amount of $550.5: S450.00 civil penalty +
S100,53 enforcement costs) against Town of Norwood.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Norwood for the month of December 201.5. This review has shown the subject facility to be in.
violation of the discharge limitations andlor monitoring requirements found in NPDES WW Permit No, NC0021628. The
violations, which occurred in December 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I. conclude as a matter °flaw that Town of Norwood violated the terms, conditions or
requirements of NPDES WW Permit No. NC0021628 and G.S. 1.43-215,1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215,6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of 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, W. Corey Basinger,
:Regional. Supervisor, Mooresville Regional Office hereby make the following civil penalty' assessment against Town of
Norwood:
State of North Carolina I Environmental Quality I Water Resourees
6-1 0 East. Center Avenue, Suite 301, Mooresville, NC 281.15
704-663-1699.

1 of the _1 violations of 143-215.1(a)(6) and Permit No.NC0021628, by discharging waste wat
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0021628, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Conc.
$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0021628, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR,
WOMO
$100,53
$550.53
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-21. 5.6A(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-282.1(b), which are:
(1) Th.e degree and extent of harm 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 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 violation was committed willfully or intentmially;
(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 (30) days of receipt of this notice, you must do one of the .following:
(1)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). 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 Bramilh
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation 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 civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of th.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 and.
agreement 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 NCGS 1.43B-282.1(b) was 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 beenassessed 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 evidence 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 the case status; directions for payment, and
provision for further appealof the penalty to the .Environmental Management Corrunission'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 Direetor. Therefore, it is very important that you prepare a complete and
thorough statement: in support of your request for remission,
in order to request remissionou must complete and sub he enclosed "Reqqest for Remission of Civil Penalties
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 vou complete and submit the enclosed -Justification fi
Remission Request."
Both tbnns should he submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina. 27699-1617

•
Option 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 within thirty (30) days of receipt of this notice. A petition is considered filed
whenit 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 (tax) 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 §15013-23,2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic .transmission. YQU__
should contact the Office of Administrative Hearings_with all questions regardingthe 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 27699-67'14
Tel: (9'19) 431-3000
Fax: [phone]
One .( copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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 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, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at roberto.schellercsncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

PERMIT: : 0021 28
FACILITY: Norwood
#TVIOLATION(S)
SAMPLE. LOCATION: Outlet 001 - Effluent
Violation Report
Date nthl'r Parame
1 / 6/ 01t
12-2015 Conform, Fecal MF;
MFC Bath, 44.5
1 / 6/ 01 1 -201 a Solids, Total
Suspended -,
Concentration
1 /01/ 2015 12-2015 Solids, Total
Suspended-
Concentration
ATTACHMENT A
Town of Notwood
CASE E .: LV-2016-0166
REGION: Mooresville
COUNTY: Stanly
Unit of Llrrait 1eulted % Over Violation Penal
Frequency ea ure Value Value Limit Type Amount
Fm W week _..... /100n 1 400 6 55.. _._.__. _ Weekly_._. .._ 100.00
Geometric
Mean
Exceeded
X week rng/I 45 210 66 7 Weekly $100.00
Average
Exceeded
3 X week ....® men 0 .51.90 ,._ 73.1 fflonthly $250.00
Average
Exceeded

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0155
Assessed Party: Town of Norwood
Permit No.: NC0021628
Coutnty: Stanly
Amount Assessed: 1559.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
II/diver 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..5 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. 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. I43B-282,1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document):
(b) the violator promptly abated continuing environmental damage resulting from the violation explain the
steps that you took to correct the violation andpreventftiture occurrences):
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was u,wwoidahle or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous vi . lotions;
(e) payment ofthe civil 'penalty will prevent payment for the remaining necessary remedial actions (1,e,, explain
how payment ofthe civil penalty will prevent you from per orming the activities necessary to achieve
compliance)
EXPLANATION:

STATE DFNORTH C, R I.INA
COUNTY OST NEY
IN THE MAT mTER Of ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town n of No nod
Norwood WWTP
PERMIT NO, NCO02 162
DEPART 1 11EN`C OF EN IR NM[N 1AF (l IAl,{1I°Y
WATVER OF RIGHT TO AN
ADMINISTRATIVE HEARING STIPULATION F FACTS
CASE NO. I.<°d'- 01 - 5
Having been assessed civil penalties totaling$550,53 for violation(s) as set forth in the assessment document 0 the I)ivisio
of Water Resources dated August 2016,the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearitap sn the above -stated matter and does stipulate that the facts are as alleged in the
assessment document, `The undersigned furt}aet° understands that all evidence presented in support of remission, ofthis civil
penalty must be submitted to the Director of t Division of Water Resources within thirty (30) days of receipt of the notice
of assessotent: No new evidence in support of a remission request will he allowed after (30) days from the receipt of the
tics of~asses sment.
day of
ADDRESS
III..FPHt NI{
All RE

Water Resources
EliVIRONWSTOWL GUAUTY
Certified Mail # 7015 1520 0002 8376 3262
Return Receipt Requested
April 7, 2016
W Dwight Smith, Administrator Town
Town of Norwood
PO Box 697
Norwood, NC 28128
PAT MCCRORY
&wow
DONALD R. VAN DER VAART
&wary
MY Z1M MAN
Amur
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0191
Permit No. NC0021628
Norwood WWTP
Stanly County
Dear Mr. Smith:
LUbtL
A review of the December 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Coliform, FecalMF, M-FC 12/26/2015 400 623 Weekly Geometric Mean Exceeded
Broth,44.5C (31616)
001 Effluent Solids, Total Suspend
Concentration (C0530)
12/26/2015 45 2 0 Weekly Average Exceeded
001 Effluent Solids, Total Suspended - 12/31/2015 30 51.92 Monthly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars (S25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1,
State of North Carolina Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 281.1.5
704-663-1699

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice, A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent,
Reminder Pursuant to Permit Condition 6 in Section E, the Perrnittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff, Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc,
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http:I/portal .ncdenr.org/web/wq/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
rls
State of North Carolina Environnlental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663- 699

Parameter
Date
Parameter
Date Parameter
DMR Review Record
Permit No.: Pipe No.:
Monthlv Average Violations
Permit Limit
Permit Limit
DMR Value
WeeklyIDaily Violations
Limit Type
k
DMR Value
Monitoring Frequency Violations
Permit Frequency Values Reported
MonthlYear:
% Over0ver Limit
°ID
°A Over Limit
# of Violations
Action
Action
Action
her Viola lonsIStaff Remarks:
‘kl(V-X-Ny IGttanaziv• DN'S--OtER S6.3) 1'7
b\ri;bi'S G-6bkvtecn \14e A
Auggx
SupervisorRemarks:
'
Completed by:
Assistant Regional
Supervisor Sign Off:
Date:
Date:
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESS ENT
Violator: Town of Norwood
Facility Name: Norwood WWTP
Permit Number: NC0021628
County: Staub/
Case Number: LV-2016-0155
ASSESSMENT FACTORS
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;
2) The duration and gravity of the violati
3) The effect on ground or surface water quantity or 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;
;r
quality;
r
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority. A 12-month compliance period review
(December 2014 to November 2015).found the following violations:
01/2015 — Weekly Geo Mean Fecal Coliform, Weekly Average TSS, Monitoring BOD, Monitoring TSS —
L.IM-2015-0021
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is 100.53
Regional Office Clerical Staff — one hour $ 15,00
Enforcement case preparation staff time — one hour $ 33,13
Regional Office Supervisor review — one hour $ 55.40
Total: $ 100.53
3
S
Dat+l W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
Division of Water Resources, NCDEQ