NC0024244_PC-2009-0035_20090427

NCDENR
North Carolina Department of Environment and Natura Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 14, 2010
Certified Mail 7007 0710 0000 5376 5989
Return Receipt Requested
Mr. Raymond I. Allen, City Manager
City of Albemarle
P. 0 Box 190
Albemarle, NC 28001-0190
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N,C.G.S. 143-215.6A(f)
City of Albemarle — Long Creek WWTP
Case Number PC-2009-0035
NPDES Permit NC0024244
Stanty County
Dear Mr. Allen:
.Final agency decision on your request for remission of the subject civil penalty will be made by the
Committee On Civil Penalty Remissions (Committee) of the Environmental .Management Commission
(EMC) on Thursday, July 15, 2010.
No request for oral presentation was made. You may attend this meeting., but you will not be
permitted to speak regarding your case.
The EMC Chairman has considered the written record and determined that no oral presentation
will be made. You may attend this meeting, but you will not be permitted to speak regarding
your case.
The EMC Chairman has considered the written record and determined that an oral presentation is
necessary. Please come prepared to present your remission request at this meeting. You will be
allowed .approximately five (.5) minutes to speak. Please be advised that the Committee cannot
consider any information other than that submitted in the original remission request. Please note.,
the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of
presenting at the Committee.
If you are an individual or business owner and are granted an opportunity to make an oral presentation
before the Committee, then you do not need legai 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 of law.
1617 Mail Service Center, Raleigh, North Carolina 27699-1.617
I:act-00n, 512 N. Satisbury St. Ral&gh, North Carolina 27504
Phoper 919.867-6300 7 FAX: [phone] \ Customer SerAce' 1-'877-62.3-0748
Internet www.ncwalierguality.org
AD Equal Opportunity \ Airgmave Ad= Ernatoyet
NorthCaro
7aturally

Mr, Raymond Allen
PC-2009-0035 CCPR Notification
2
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.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the
hearing of a case if the Committee is informed that a potential violation regarding the unauthorized
practice of law has occurred.
Time and Location of Me
The Committee will convene at 11:00 a.m, or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission,. The Committee meetin
will be held in the Ground Floor Hearing Room of the Archdale Building, located at 512 North
Salisbury. Street in Raleigh, North Carolina (see enclosed map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda of the
day and the amount of discussion given to each topic — meetings often extend into the early afternoon.
You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your
opportunity to listen to consideration of your case in the event that the Committee begins at its appointed
time. If the Commission meeting runs long and you need refreshment or food, Division of Water
Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale
Building or to other local eateries,
If you have any questions concerning this matter, please contact Bob Sledge of the Point Source Branch
at [phone], or via e-mail at [e-mail].
Sincerel y,
Z. —671
„Co een H. Sullins
enclosure
cc: Mooresville Regional 0
Enforcement File
Central Files

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
October 12, 2009
CERTIFIED MAIL 7007 0710 0000 :376 5491
RETURN RECEIPT REQUESTED
Mr. Raymond I .Allen, City Manager
City of Albemarle
P. O. Box 190
Albemarle, NC 28001-0190
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NC0024244
City of Albemarle — Long Creek WW'TP
Stanly County
Case Number PC-2009-0035
Dear Mr. Allen:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Quality considered the information you submitted in support of your request for
remission and did not find grounds to modify the civil penalty assessment of $74,994:60. A copy of the
Director's decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department. of Environment and
Natural Resources (DENR), Send the payment within thirty (30) calendar days of your receipt of this
letter to the attention of:
Bob Sledge
NC DENR-DWQ — Point Source Branch
NPDES West Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-117
OR
1617 Mail Service Center, Raleigh„ North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh„ North Carolina 27504
Phone: [phone] FAX°. 919-807-64921 Customer Service: 1-877.623.6746
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
on
No
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City of Athematic
Case No. PC-2009-0035
Page 2 of 2
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Di vision of Water Quality 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.
Send the completed form to:
Bob Sledge
NC DENR-DWQ — Point Source Branch
NPDES West Unit
161'7 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions., please contact Bob Sledge at
(919)-807-6398, or via e-mail at [e-mail].
Sincerely,
Tom Belnick, Supe
NPDES West Unit
Attachments
cc: Mooresville Regional Office — SWP Section
Enforcement File
DWQ Central Files

DWQ: CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC-2009-0035 Region: Mooresville
County: Stanly
Assessed Entity: City of Albemarle — Long Creek WWTP Permit: NC0024244
Ell (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The City has taken action to replace personnel responsible for bypasses of partially treated wastewater.
Steps have been taken to keep such actions from occurring in the future. New staff has been hired and
improved training has been provided. Repairs and upgrades continue to be made to the WWTP using
City funds.
issues involving operations and maintenance and bypasses existed for a considerable period of time prior
to DWQ's February 2009 inspection. The City's initial response to these issues and incidents indicates
progress is being made, but much more needs to be done to ensure consistent compliance with permit
conditions.
El (c) Whether the violation was inadvertent or a result of an accident:
(d) Whether the violator had been assessed civil penalties for any previous violations:
The fiicility had three prior assessments in the five years preceding this case. Each has been paid in Mi.
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
A study has indicated the WWTP requires up to $30 niillion worth of repairs and upgrades. Available
City revenues are declining due to closings of local industries. Numerous grants have been applied for,
but few have been awarded to the City. City monies would be better spent toward fixing problems.
The Division understands the City's current economic conditions and the difficulties wsociated with
securing grants and loans.
DECISION (Check 0
Request Denied
FuU Remission El Retain Enforcement Costs? Yes 0 No El
Partial ReinissionE $ (Enter Amount)
rj Coleen H. Suliins
Rev. 7(2007

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF STANLY DWQ Case Number PC-.2009-0035
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
CITY OF ALBEMARLE
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral, presentation before the Environinental 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 of the 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 andfor my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information 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 'activemembers of the bar. Proceedings before the Committee on
Civil Penalty 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 be 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 form within 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.comiethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you 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 of law,
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative mustconsider 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 th.e unauthorized practice of
I.aw,
Also, be advised that the Committee .on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed 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 (

Date: May 26, 2009
To: Mr. Jeffrey Poupart
Point Source Branch NCDENR
[phone]
From: Raymond Al
City Manager
Re Popipe d a copy of the City of Albemarle's
request for minis ion of original is going out in today's post, Please
information or clarification.
advise if the City can provi
y
Number Of Pages Including Cover 8

STATE OF NORTH CAROLINA
COUNTY OF STANIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CITY OF ALBEMARLE
NPDES PE. iiT NC0024244
DEPARTIv[ENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO, PC
Having been assessed civil penalties totaling $74,994,60 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 27,2009, 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 Quality within 30
days of receipt of the notice of assessment. No new evidence in support of a remission request will
be allowed after 30 days from the receipt of the notice of assessment,
ADDRESS
P.0. Boy I9ti. A
TELEPHONE
704 , 984.9408

ISCAT1C N
DWQ Case Number: PC-2 {►+ 9-
Assessed Party: City of Albemarle
Permit Number: NCO424244
County: Stanly
Amount Assessed: $74,994.60
Please use this form when requesting remission of this civil penalty. You must also complete the
Rem iort aier o i ht to an A,dminis r tiv Hearin and Stipulation 9f
Facts" forte. to request remission trf [Iris 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 uvhy the factor applies (attach
additional pages as needed).
(a)
on
the civil penalty assessment document),
the
exp
note f lte civil malt assessment factors to G.S. 143 2g2 i b
e assessment factors are Fitted in
ab
that you took to correct the violai on and prevent future
rtmet�tal dame resulting from the
(c) the vi at'on w `nadvertertt or a result f accident (i.e., explaa
violation was unavoidable or something you could not prevent or prepare for);
1i (d)
x (e)
medial acti
activities necessary to achieve compliance).
iolator h
EXPLANZ►TION:
d
how payment oft civil pena
Please see attached letter.
event you
Pe
,hy the

P 0 Box 190
Albomarlt, NC 28002 -0190
City of Albemarle
North Carolina
4fif
May 26, 2009
Mr. Jeffery O. Poupart
Point Source Branch
Division of Water Quality
North Carolina Dept. of Environment and Natural Resources
1617 Maii Service Center
Raleigh, NC 27699-1617
Tel. 7 -9
Fax [phone]
Subject: Request for Remission of Civil Penalties
Long Creek VOIR
NPDES Permit Number: NC0024244
City of Albemarle, Stanly County, NC
Case Number PC-2009-0035
Dear Mr, Poupart:
This letter is in response to the NPDES Permit Number NC0024244 Assessment of
Civil Penalties dated April 27, 2009 and received by the City on May 7, 2009. The
Assessment of Civil Penalties references the following areas as listed:
1. Failure to properly maintain the wastewater treatment facility.
2. Failure to report multiple bypasses of partially treated wastewater.
Faii e to nronerlY ifltalfl waste
In reference to our response letter to the Mooresville Regional Office, dated December
4, 2008 we noted that the City of Albemarle engaged the professional services of TriTech
Civil Environmental, PC, Water and Wastewater Engineers of Asheboro, NC in FY 2007 to
complete a comprehensive "needs assessment" for the Long Creek Waste Water Treatment
Plant (LCWWTP). We explained that the assessment showed that the City of Albemarle
was faced with approximately $29,000,000 worth of rehabilitation work for our LCWINTP
facility and that it was in the professional opinion of TriTech Civil Environmental that this
could be spread out over a twenty year period in which this would mean a yearly
investment to the City of approximately $1,450,000. This investment would be in. addition
to the annual $4282,000 LCWWTP facility budget (which increases annually due to cost of
materials, etc.) of which approximately $600,000 of this is earmarked for operations and

IPr
maintenance at the LCWWTP. The challenge to this entire situation is that our community
no longer has the revenue base that it once haLl due to the loss of the textile industries. The
City of Albemarle's indust641 community has born reduced significantly over the past ten
years. Our records show that in 1999 we treated 3.85 billion gallons of wastewater and by
2008 this had decreased to 2.02 billion gallons of wastewater. This is a 48% reduction
which has had very serious affect on our operating revenue, The City has also been faced
with further reductions to working capital due to the severe downturn in the economy.
Stanly County has an unemployment rate in excess of 12 percent.
The extremely high costs associated with the replacement andior repair of Bar Screens,
Grit Removal equipment, aeration basins upgrades, Filtration (!{i» Rate Tertiary) and
Aerobic Digester has required us to search for outside funding. In July 2008 the City of
Albemarle hired Municipal Engineering Services Company of Garner, NC to act on our
behalf and prepare applications for &ant monies from the North Carolina Rural Economic
Development Center (Rural Center). The City of Albemarle has applied for a Supplemental
Grant in the amount of S1,000,000, Our application was submitted on time and was
accepted for consideration,. The NC Rural Center made notification of these awards on
December 17, 2008. The City of Albemarle was notified that our project was not selected
for funding due to the following: The Rural Economic Development Center's
Supplemental Grants Program said, "The project financing depends on a S3,000,000 grant
from the Clean Water Managernent Trust Fund." The City then applied to the Clean Water
Management Trust Fund (CWIvfTF) for $3,000,000. This application was submitted
February 2, 2009. We were subsequentty notified that the CWMTF would not be funding
any projects because all their funds had been appropriated by the Governor for other areas.
With this information wc pursued funding through the federal stimulus program (ARRA).
We submitted oteshovel ready" project for consideration but it was not funded. Currently
any and all improvements to our wastewater facility are being done with City of Albemarle
funds.
To date we have accomplished the following:
a. Installed a new effluent sampler
b. Remover filter media from 4 tertiay filters
c. Replaced to "lift screws" at "A" Lift Station
d. Replaced lift screw bearings
e. Repaired sweep on Clarifier #1
f. Replace rnotors on 3 aerators
g. Repaired sludge hauling truck and trailer
h. Installed new hoist in chlorine building
i. Install new roof on Plant Operations Building
j. Removed vegetation from aerobic digester
k. Removed vegetation from aeration basin #1
1. Overhauled primary generator at Operations Building

m. Installed new switchgear
n. Awarded contract for cleaning of 4 aeration basins
fa. Close working relationship with NCDENR Technical Assistance
The purpose of this information is to show that the City realizes the importance of
making the repairs and upgrades to the wastewater treatment plant equipment. These tasks
take large amounts of capital to accomplish. We have tried to show that our attempts to
acquire the funding necessary to complete the major repairs were done in complete
openness and above board. At not one time did the City ever express any argument as to
what needed to be done. We have been very open as to our problems and very open to the
solutions. The NCDENR staff in Mooresville have told City representatives that we have
been very cooperative with the agency. The penalties issued to the City for violations to
Part 11, Section C (2) of our NPDES Permit are excessive. The violation assumes that there
has been a complete breakdown of operations and maintenance at the wastewater facility.
It must be said that at not one time has the treatment facility be in violation of the effluent
limits. It is true that we have not had the capital to implement major repairs but we have
had adequate operation and maintenance funds to keep the plant functioning.
NPDES Permit Part El, Section C (2) makes reference to "adequate laboratory controls."
All laboratory testing was out sourced as of March 1, 2009. The reasoning behind this was
to gain a better quality control of our samples due to the fact that our in-house personnel
were having difficulty with the laboratory procedures. We also felt that the investment
would better serve the community.
In reference to our backup facilities (generators), it was the assumption of the
Mooresville inspection personnel that our backup generation was out of commission. That
is not true. We have had generator and switch gear maintenance and upgrades going on for
the past year. The inspectors assumed that our equipment had been down for a long period
of brae. The Standby Generator, in question had a mechanical problem of water in oil.
This was first brought to the attention of the Director of Public Utilities on Feb 1, 2009. At
that time quotes were requested from three different companies to complete the required
repairs on the engine. City of Albemarle purchasing rules requires three quotes for this
type of work. When we received the appropriate numbers of quotes, a purchase order was
issued to Kraft Power Systems, March 20, 2009 to execute the repairs to the generator. The
generator has been overhauled and is back in service. It is also tnie, at the time of the
February 13, 2009 inspection; we had switchgear out of service. The repairs to the
switchgear were completed the evening of February, 13, 2009, as scheduled.
It must be rioted that two complete compliance inspections were done on the Long
Creek Wastewater Treatment Plant within a period of less than 4 months. This is an
unreasonably short period of time in order to execute major capital improvements to a 35
year old facility. It must also be noted that there were no violations prior to October 2007

for this facility. We believe that we have not been given an adequate opportunity to
ad dns the issues raised by inspectors.
efore we request remission of penalties for violations of G.S. 143-215.1 and Part 11,
Section C (2) of NPDES Permit Number NCO24244. The penalties, in our view are
excessive and will most assuredly cause hares to our already economically stressed
community and our wastewater treatment facility that depends on these funds for its
operation and repairs.
tion: Failure to re _rt_txa e b aste of artiall
Upon being made aware that this issue the City of Albemarle took ittutaediate action to
insure that corrective action was taken. It was at this time that action was taken under the
City of Albemarle Code of Ordinances to bring disciplinary action against the Chief
Wastewater Plant operator for failing to comply with the Supervisors instructions. While
investigating further into this matter, it was discovered that the Chief Wastewater Plant
Operator had been directly involved with numerous incidences of bypasses of partially
treated wastewater. The investigation further led to the discovery that the Superintendent
of the Water and Sewer Plants Division was also knowledgeable of the bypassing of the
partially treated wastewater. Action was taken by the City of Albemarle to remove this
person as the Chief Wastewater Plant Operator and this action was completed during March
2009. Action was also taken against the Superintendent who is currently suspended
pending termination of employment with the City of Albemarle.
We have subsequently contracted ORC services for our wastewater treatment facility.
We have implemented staff training on record keeping and proper operation of the plant
facility. We have even gone as far as removing the valve handle from the by-pass valve in
order to lessen the opportunity for error. We have notified each wastewater plant employee
as to their responsibilities under the NPDES Permit and to the consequences of not
adhering to same. Our actions have shown that we promptly abated the environmental
damage that the violations were causing.
Therefore we request remission of penalties far violations of G.S. 143-215.1 and NPDES
Petmit Number NC0024244 during the months of November 2008 through January 2009
for bypassing partially treated wastewater and the failure to report said bypasses. The
penalties, in our view are excessive and will most assuredly cause harm to our already
economically stressed community and our wastewater treatment facility that depends on
these hinds for its operation and repairs.
The City of Albemarle is very cognizant of the fragile balance that exists between the
operation of our internal infrastructure and the environment. We have been very
over the last fifteen years to enhance the environmental aspects of our community.
have made great strides in this area. Enhancement of water quality issues is always
4

forern©st in
and understan
natural resources.
the projects that we do. Albemarle takes the enviro
e critical balance in affecting our citizen needs with
very seriously
protecting our
We would request that you consider remission. caf at least 50% of the penalties assessed
against the City of Albemarle for these two areas. We believe that these funds would be
better spent in addressing the capital needs at the Long Creek WWTP rather than paid as
civil penalties, and we commit to spending any funds approved for remission at the WWTP.
We are asking that you consider our arguments as it relates to your decision. The fines
imposed upon the City of Albemarle will only cause more added stress on an already
economically stressed community. The fines will not cause the wastewater plant to be
rehabilitated any faster. The City has engaged consultants and has studied the plant and we
are well aware of the capital needs for the facility. We telly understand our
responsibilities in this matter and would appreciate your consideration of the circumstances
in this matter..
City Manager
Attachments
CC: Mayor and City Council
Ernest Borders, Director of Public Utilities
David Beaver, City Attorney

Beverly Eaves Perdue
Governor
Mr. Raymond 1. Allen, City Manager
City of Albemarle
P. O. Box 190
Albemarle, NC 28002-0190
Dear Mr. Alien:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
May 28, 2009
Subject: Remission Request of Civil Penalty Assessme
City of Albemarle —Long Creek WWTP
NPDES Permit NC0024244
Case Number PC-2009-0035
Gaston County
This letter is to acknowledge y
Dee Freeman
Secretary
request for remission of the civil penalty levied against the subject
facility. Your request will he scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact t ae at [phone] or via e-mail
[e-mail].
Sincerely,
Bob Sledge, Environmental Specialist
Point Source Branch
cc: Mooresville Regional Office w "att.achrnents
Enforcement File w/originals
Central Files w/attachments
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location. 512 N. Salisbury St, Raleigh„ North Carolina 27604
Phone: [phone] t FAX:[phone] \ Customer Service; 1.877-623 +748
internal: wrow.ncvvaterguality.org
• An Equal Opportunity 1 Attirmalive Action Employe!
NorthCaro ina
turu/!i

:26,
To:
Point Sooh NCD
(1 80 9
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STATE OF NORTH CAROLINA
COUNTY OF ,STANLY_
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CITY OF ALBEMARLE
NPDES PERMIT NC0024244
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2009-0035
Having been assessed civil penalties totaling $74,994.60 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 27, 2009, 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 Quality within 30
days of receipt of the notice of assessment. No new evidence in support of a remission request will
bc allowed after 30 days from the receipt of the notice of assessment.
This the
26
ADDRESS
P.O. Bo 190, Albernarle, NC 28 02
TELEPHONE
704.984.9408

JUSTIF1CATI FOR RE tSS1ON REQUEST
DWQ Case 'umber: PC-2009-0435
Assessed Party: City of Albemarle
Permit Number; NC0024244
County: Stanly
Amount Assessed: $74,994.60
Please use this form when requesting remission of this civil penalty, You must also complete the
"Request For Remission, Waiver o i ht to an Administrative tfearin and Sri ulati©rr
Facts" form to request remission of t1 is 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) one or mmore of ;the civil penalty
ranfll_.p)itedfo the detriment
civil penalty assessment document);
x (b)
violation (i.
occurrences
nt factors. in N.C.G.S, 143B-282 1(b)
he assessment factors are listed in
the viol trr ro n tl abated contrnuin _ environmental darn' resuttt rota t"he
explain the steps that you took to correct the violation anal prevent future
(c) the violation was in�advertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
_j, (d) the violator had not been assessed civil penalties for aarevious violations;
x (e) payment of the evil penalty will prevent payment for the re r nirt necessary
remedial actions (I, e„ explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
PLANATION:
Please see attached letter,

P 0 Box 190
Albemarle, NC 28002-01.90
City of Albemarle
North Carolina
May 26, 2009
Mr. Jeffery Dw Poupart
Point Source Branch
Division of Water Quality
North Carolina Dept. of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Departmont of Py 1&&
Tel. [phone]
Fax [phone]
Subject: Request for Remission of Civil Penalties
Long Creek W WTTP
NPDES Permit Number: NC0024244
City of Albemarle, Stanly County, NC
Case Number PC-2009-0035
Dear Mr. Poupart:
This letter is in response to the NPDES Permit Number NC0024244 Assessment of
Civil Penalties dated April 27, 2009 and received by the City on May 7, 2009. The
Assessment of Civil Penalties references the following areas as listed:
1. Failure to properly maintain the wastewater treatment facility.
2. Failure tee report multiple bypasses of partially treated wastewater.
se f o viola .0
wastew afar
In reference to our response letter tv the Mooresville Regi anal Office, dated December
4, 2008 we noted that the City of Albemarle engaged the professional services of TriTech
Civil Environmental, PC, Water and Wastewater Engineers of Asheboro, NC in FY 2007 to
complete a comprehensive "needs assessment" for the Long Creek Waste Water Treatment
Plant (LCWWTP). We explained that the assessment showed that the City of Albemarle
was faced with approximately $29,000,000 worth of rehabilitation work for our LC
WWTP
facility and that it was in the professional opinion of TriTech Civil Environmental that this
could be spread out over a twenty year period in which this would mean a yearly
investment to the City of approximately S1,450,000. This investment would be in addition
to the annual $ 1,282,000 LCWW1P facility budget (which increases annually due to cost of
materials, etc.) of which approximately $600,000 of this is earmarked for operations and

maintenance at the LCWWTP. The challenge to this entire situation is that our community
no longer has the revenue base that it once had due to the loss of the textile industries. The
City of Albemarle's industrial community has been reduced significantly over the past ten
years. Our records show that in 1999 we treated 3.85 billion gallons of wastewater and by
2008 this had decreased to 2.02 billion gallons of wastewater. This is a 48% reduction
which has had very serious affect on our operating revenue. The City has also been faced
with further reductions to working capital due to the severe downturn in the economy.
Stanly County has an unemployment rate in excess of 12 percent.
The extremely high costs associated with the replacement andior repair of Bar Screens,
Grit Removal equipment, aeration basins upgrades, Filtration (High Rate Tertiary) and
Aerobic Digester has required us to search for outside funding. In July 2008 the City of
Albemarle hired Municipal Engineering Services Company of Garner, NC to act on our
behalf and prepare applications for grant monies from the North Carolina Rural Economic
Development Center (Rural Center). The City of Albemarle has applied for a Supplemental
Grant in the amount of S1,000,000. Our application was submitted on time and was
accepted for consideration. The NC Rural Center made notification of these awards on
December 17, 2008. The City of Albemarle was notified that our project was not selected
for funding due to the following: The Rural Economic Development Center's
Supplemental Grants Program said, "The project financing depends on a S3,000,000 grant
from the Clean Water Management Trust Fund." The City then applied to the Clean Water
Management Trust Fund (CWMTF) for $3,000,000. This application was submitted
February 2, 2009. We were subsequently notified that the CWM1.1. would not be funding
any projects because all their funds had been appropriated by the Governor for other areas.
With this information we pursued funding through the federal stimulus program (ARRA).
We submitted our"shovel ready" project for consideration but it was not funded. Currently
any and all improvements to our wastewater facility are being done with City of Albemarle
funds.
To date we have accomplished the following:
a. Installed a new effluent sampler
b. Remover filter media from 4 tertiary filters
c. Replaced to "lift screws" at "A" Lift Station
d. Replaced lift screw bearings
e. Repaired sweep on Clarifier #1
f. Replace motors on 3 aerators
g. Repaired sludge hauling truck and trailer
h. Installed new hoist in chlorine building
i. Install new roof on. Plant Operations Building
j. Removed vegetation from aerobic digester
k. Removed vegetation from aeration basin #1
1. Overhauled primary generator at Operations Buildin
2

m. Installed new switchgear
n. Awarded contract for cleaning of 4 aeration basins
o. Close working relationship with NCDENR Technical Assistance
The purpose of this information is to show that the City realizes the importance of
making the repairs and upgrades to the wastewater treatment plant equipment. These tasks
take large amounts of capital to accomplish. We have tried to show that our attempts to
acquire the funding necessary to complete the major repairs were done in complete
openness and above board, At not one time did the City ever express any argument as to
what needed to be done. We have been very open as to our problems and very open to the
solutions. The NCDENR staff in Mooresville have told City representatives that we have
been very cooperative with the agency. The penalties issued to the City for violations to
Part II, Section C (2) of our NPDES Permit are excessive. The violation assumes that there
has been a complete breakdown of operations and maintenance at the wastewater facility.
It must be said that at not one time has the treatment facility be in violation of the effluent
limits. It is true that we have not had the capital to implement major repairs but we have
had adequate operation and maintenance funds to keep the plant functioning.
NPDES Permit Part II, Section C (2) makes reference to "adequate laboratory controls."
All laboratory testing was out sourced as of March 1, 2009. The reasoning behind this was
to gain a better quality control of our samples due to the fact that our in-house personnel
were having difficulty with the laboratory procedures. We also felt that the investment
would better serve the community.
In reference to our backup facilities +(generators), it was the assumption of the
Mooresville inspection personnel that our backup generation was out of commission. That
is not true. We have had generator and switch gear maintenance and upgrades going on for
the past year. The inspectors assumed that our equipment had been down for a long period
of time. The Standby Generator, in question had a mechanical problem of water in oil.
This was first brought to the attention of the Director of Public Utilities on Feb 1, 2009. At
that time quotes were requested from three different companies to complete the required
repairs on the engine. City of Albemarle purchasing rules requires three quotes for this
type of work. When we received the appropriate numbers of quotes, a purchase order was
issued to Kraft Power Systems, March 20, 2009 to execute the repairs to the generator. The
generator has been overhauled and is back in service. It is also true, at the time of the
February 13, 2009 inspection; we had switchgear out of service, The repairs to the
switchgear were completed the evening of February 13, 2009, as scheduled.
It must be noted that two complete compliance inspections were done on the Long
Creek Wastewater Treatment Plant within a period of less than 4 months. This is an
unreasonably short period of time in order to execute major capital improvements to a 3
year old facility. It must also be noted that there were no violations prior to October 2007

ity. We believe that'we have not been given an adequate opportunify to
s the issues raised by inspectors.
Therefore we request remission of penalties for violations of G.S. 143-215.1 and Part 11,
Section C (2) of NPDES Permit Number NC0024244, The penalties, in our view are
excessive and will most assuredly cause harm to our already economically stressed
community and our wastewater treatment facility that depends on these funds for its
operation and repairs.
o v vt ttion;Fa l are to r
ses of Martial
Upon being made aware that this issue the City of Albemarle took inuraediate action to
insure that corrective action was taken. it was at this time that action was taken under the
City of Albemarle Code of Ordinances to bring disciplinary action against the Chief
Wastewater Plant operator for failing to comply with the Supervisors instructions. While
investigating further into this matter, it was discovered that the Chief Wastewater Plant
Operator had been directly involved with numerous incidences of bypasses of partially
treated wastewater. The investigation further led to the discovery that the Superintendent
of the Water and Sewer Plants Division was also knowledgeable of the bypassing of the
partially treated wastewater. Action was taken by the City of Albemarle to remove this
person as the Chief Wastewater Plant Operator and this action was completed during March
2009. Action was also taken against the Superintendent who is currently suspended
pending termination of employment with the City of Albemarle.
We have subsequently contracted ORC services for our wastewater treatment facility.
We have implemented staff training on record keeping and proper operation of the plant
facility. We have even gone as far as removing the valve handle from the by-pass valve in
order to lessen the opportunity for error. We have notified each wastewater plant employee
as to their responsibilities under the NPDES Permit and to the consequences of not
adhering to same. Our actions have shown that we promptly abated the environmental
damage that the violations were causing.
Therefore we request remission of penalties for violations of G.S. 143-215.1 and NPDES
Permit Number NC0024244 during the months of November 200$ through January 2009
for bypassing partially treated wastewater and the failure to report said bypasses. The
penalties, in our view are excessive and will most assuredly cause harm to our already
economically stressed community and our wastewater treatment facility that depends on
these funds for its operation and repairs.
The City of Albemarle is very cognizant of ttte fragile balance that exists between the
operation of our internal infrastructure and the environment. We have been very active
over the last fifteen years to enhance the environmental aspects of our community. We
have made great strides in this area. Enhancement of water quality issues is always
4

!Filr
foremost in any of the projects that we do. Albemarle takes the environment very seriously
and understands the critical balance in meeting our citizen needs with that of protecting our
natural resources.
We would request that you consider remission of at least 50% of the penalties assessed.
ainst the City of Albemarle for these two areas. We believe that these funds would be
better spent in addressing the capital needs at the Long Creek WWTP rather than paid as
civil penalties, and we commit to spending any funds approved for remission at the WWTP
We are asking that youconsider our arguments as it relates to your decision. The fines
Imposed upon the City of Albemarle will only cause more added stress on an already
economically stressed community. The fines will not cause the wastewater plant to be
rehabilitated any faster. The City has engaged consultants and has studied the plant and we
are well aware of the capital needs for the facility. We totally understand our
responsibilities in this matter and would appreciate your consideration of the circumstances
in this matter..
City Manager
Attachments
CC: Mayor and City Council
Ernest Borders, Director of 1~
David Beaver, City Attorney
is Utilities

r�rw�rr�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL., 7007 0710 0000
RETURN RECEIPT REQUESTED
Mr. Raymond Allen, City Manager
City of Albemarle
P. O. Box 190
Albemarle, NC 28002
Dear Mr, Allen:
7
t- fl1 27 r 2009
5293
SUBJECT: Assessment of Civil Penalties
NPDES Permit NC0024244
City of Albemarle,— Long Creep' 'TP
Case Number. PC-2009-0035
Stanly County
This letter transmits notice of a civil penalty assessed against the City of Albemarle in the amount of
$74,994.60, including $494.60 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action vas taken under the
authority vested in me pursuant to delegation provided by the Secretary -f the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
in thirty days of receipt of this notice.-, you must do one of the allowing
Submit payment of the penalty:
Payment should be made directly° •to the order of the I epartment of Environment and Natural Resources
(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:
OR
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleinh, North. Carolina 27699- 617
North Carolina 27s999-1617
gh, North Ca.rolira 27&C4
B4921Custcm r'Servr�
One
NO1110 t3 na
,VaturaIly

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 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. Because a
remission request forecloses the option of an administrative hearing, such a request triUSi be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that TIO 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 Quality at the
address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(D whether one or more of the civil penalty assessment factors in NCGS 1.43B-282.1(b) were
wrongfully applied to the detriment of the violator;
(—) whether the violator promptly abatedcontinuing environmental damage resulting from the
violation:
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has 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 evidence presented in support of your request for remission must be submitted in
writing, The Director of the Division of the Division of Water Quality will review your evidence and
inform you of her decision in the matter of your remission request. The response will provide details
regarding the 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 remission.
In order to request remission, you must complete and submit the enclosed "Request 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 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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 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 Heatings within thirty (3.0) days
of receipt of this notice. A petiti.on is considered filed when it is received in the Office of
Administrative Hearings eliding noivnal office hours. The Office Of ACIffiiiliStiatiVe Heaings. accepts
filings Monday through Friday between the hours of 8:00 a..m. and 5:00 p.m., 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 faxed - 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, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as 'follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 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/timereceived 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 Bob Sledge. at [phone], or via e-mail at
bob.sledge@nemailnet.
Attachments
cc: Mooresville Regional Office — SWP Section
NPDLS Unit - Enforcement File
Central Files

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF STANLY
IN THE MATTER OF:
CITY OF ALBEMARU
LONG CREEK WWTP
FOR VIOLATIONS OF:
NPDES PERMIT NO. NC0024244
AND NORTH CAROLINA GENERAL
STATUTE 143-215.1
File No, PC-2009-0035
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant, to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Jeff Poupart, Point
Source Branch Chief in the Surface Water Protection Section of the Division of Water Quality
(DWQ), make the following:
. FINDINGS OF FACT:
The City of Albemarle, (hereinafter City) is a municipality organized and existing
under the laws of the State of North Caro ina.
B. The City operates the 16.0 MGD Long Creek Wastewater Treatment Plant located
in the City of Albemarle, in Stanly County, North Carolina,
C. The City was reissued NPDES Permit No, NC0024244 on June 10, 2005
(effective July 1.„ 2005, with an expiration date of February 28, 2009) for the
treatment of wastewater and the discharge of treated wastewater to Long Creek,
class C waters of the State in the Yadkin -Pee Dee River Basin. The City was
issued a permit modification on October 11, 2006 (effective October 11, 2006,
with the same expiration date) regarding changes to the limitations and
monitoring frequencies of selected effluent parameters.
D. The City has submitted an application for the renewal of NPDES Permit No.
NC0024244. The City is currently operating under the requirements of the
expired permit until a new permit is reissued.
E. Part II, Section C 4(a) of the NPDES Permit states, in part, that "The Perrnittee
may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to ensure efficient
operation,"

City of Albemarle/Long Creek WWTP
Findings and Decisions
Page 2
F. Part 'II, Section C 4(c)(1) of the NPDES Permit states, in part, that "Bypass from
the treatment facility is .prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, Personal iniury or severe
property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention. of untreated wastes or maintenance during
normal periods of equipment downtime.. This condition is not satisfied if
adequate, backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
(C) The Permittee suhrnittcd notices as required under this section."
G. Part 11, Section C (4)(b) of the NPDES Permit states, in part, that "The Permittee
shall submit notice of an unanticipated bypass as required in Part 11. E (6) (24-
hour notice)."
H. Part II, Section E (6)(a) of the NPDES Perrnit states, in part, that "The Permittee
shall report to the .Director or the appropriate Regional Office any .noncompliance
that potentially threatens public health or the environment. Any information shall
be provided orally within 24- hours from the time the Permittee became av are of
the circumstances. A written submission shall also be provided within 5 days of
the time the Permittee becomes aware of the circumstances."
Part 11, Section C (2) of the NPDES Permit states, in part, that "The Permittee
shall at all times properly operate and maintain all .facilities and systems of
treatment and control (and related appurtenances) which are installed or used by
the Permittee to achieve compliance with the conditions of this permit, Proper
operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures,"
Staff from DWQ's Mooresville Regional Office (MRO) performed a compliance
evaluation inspection (CEO at the subject facility on November 4, 2008. During
the inspection, noncompliant conditions were observed at the site as documented
in Attachment A. MRO issued a Notice of Violation (NOV) on November 20,
2008 as a result of the findings of the inspection.
K. Staff from DWQ's Mooresville Regional Office (MRO) performed a compliance
evaluation inspection (CEI) at the subject facility on February 13, 2009. During
the inspection, noncompliant conditions and evidence of noncompliant practices
were observed at the site as documented in Attachment A. Photographs were
taken of the WWTP and the conditions that existed on that day. MRO issued a
Notice of Violation (NOV)/Notice of Recommendation for Enforcement (INTRE)
on February 1.8, 2009 as a resultof the findings of the inspection,

City of Albemarle/Long Creek WWTP
Findings and Decisions
Page 3
The City's record of compliance with programs over which the Environmental.
Management Commission has regulatory authority during the previous five years
is as .follows:
Civil Penalties
Case Number Date Assessed Amount Parame
LV-2008-0340
LM-2009-0003
MV-2009-000 I
9/9/2008
1/14/.2009
.2123/2009
Notices of Violation
NOV Number
NOV-2007-PC-0765
NOV-2008-TX-0001
NOV-2008-PC-0798
NOV-2008-PC-0821.
NOV-2009-PC-0127
M.
$590.40
$1,43530
$260.30
Date issued
11/15/2007
07/15/2008
11/20/2008
12/02/2008
02/13/2009
Hg
Fecal, TRC, pH
BOD, pH
Paid/Case Closed
9/26/2008
2/10/2009
2/23/2009
Compliance Issues
Operations, Maintenance 10/07
Toxicity Test Failure 06/08
Operations, Maintenance 11/08
Toxicity Test Failure 11/08
Operations, Maintenance 02/09
The costs to the State of the investigation and enforcement procedures in this
matter totaled $494.60.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW:
A. The City is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
1.43-212(4).
B. NPDES Permit No. NC0024244 is required by G.S. 143-21.5.1.
C. The conditions within the subject permit regarding proper operation and
maintenance, prohibited bypasses, and 24-hour notice are terms, conditions, or
requirements of said permit.
D. The bypasses of partially treated wastewater performed by the City during the
months of November 2008 through January 2009 did not meet the criteria
established in Part rt, Section C 4(a) and 4(c) of the permit that allow bypass and
negate the requirement to report bypasses.
E. The City violated G.S. 143-215.1 and NPDES Permit NC0024244 on eleven (11)
occasions during the months of November 2008 through January 2009,,in the
manner and to the extent described in Attachment A, by bypassing partially
treated wastewater.

City of Albemarle/Long Creek W 'TP
Findings and Decisions
Page 4
F. The City violated G.S. 143-215,1 and NPDES Permit NC0024244 on eleven (11.)
occasions during the months of November 2008 through January 2009 by failing
to report the bypasses of partially treated wastewater.
The City violated. G.S. '143-2.15..1. and NPDES Permit NC0024244 as noted during
the inspections conducted on November 4, 2008.and February 13, 2009, in the
manner and to the extent described in Attachment A, by failing to provide the
proper operation and maintenance at the wastewater treatment facility.
H. General Statute :143-215..6A (a)(2) provides that a civil penalty of not mare than
twenty-five thousand dollars ($25,000.00) per violation may be assessed against a
person who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by G,S, 143-215.1.
The State's enforcement costs in this matter may be assessed against the City
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8
Jeff Poupart, pursuant to delegation provided by the Secretary of the Department
of Environment and Natural Resources and Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact. and Conclusions of Law, 1 make the following:
. DECISION:
Accordingly, the City is hereby assessed a civil penalty of:
3,1 00 0
OL70
For f I of eleven (11) bypasses of partially treated wastewater
in violation of G.S. 143-215.1 and NPDES Permit No, NC0024244
during the months of November 2008 through January 2009;
For of eleven (11) failures to report the bypasses of
partially treated wastewater in violation of G.S. 143-215,1 and
NPDES Permit No. NC0024244 during the months of November
2008 through January 2009.
For the violations of G.S. 143-21.5.1. and Part IL Section C (2) of
NPDES Permit No. NC0024244, by failing to properly operate and
maintain the wastewater treatment facility as observed by DWQ
staff during the compliance evaluation inspections performed on
November 4, 2008 and February 1.3, 2009.
TOTAL CIVIL PENALTY
494.60 Enforcement Costs
TOTAL AMOUNT DUE

City of Alhernarie/Long Creek WWTP
Findings and Decisions
Page 5
Pursuant to GS. 143-215.6A(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 in G:S. 14313-
282,1(b), Which are:
(I) 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 cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs t-iver
which the Environmental Management Commission has regulatory authority, and
(8) The cost to the State of the enforcement procedures.
(Date)
Jeff Poupart
Point Source Branch Chief
Division of Water Quality

JUSTIFICATION FOR REMISSIONREQUEST
DWQ Case Number: PC-2009-0035
Assessed Party: City of Albemarle
Permit N-mber: Nr0021111
County: Stanly
A -r-ronwolk A vo pc 7 4 00,4
Art0
Please use this form when requesting remission of this civil peralt,,,. You must also complete the
"Rec uest For Remission Waiver o ht 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-2.82,1(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 M. re. of the civil penalty assessment factors. in N.C.G.S. 143B-282.1 (h)
were wrongfully applied to the detriment of the petitioner (the as.sessment factors are listed in.
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent fiaure
occurrences);
(c) ,the violation was inadvertent or a result of an accident i.e., explain why the
violation was unavoidable or something you could not prevent or prepare r),-
(d) the vioator had not been assessed civil penalties for any previous violations;
(e) payment. of the civil penalty will prevent pavmen for the remainin,f_,,. necessary,
remedial actions (i.e., explain how payment of the civil penalty will prevent you frorn pet- orming
the activities necessary to achieve compliance),
EXPLANATION:

STATE OF NORTHCAROL IA
CO Y OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGANST
CITY OF AlALBEMARLE
DES PER NC0024244
DEPARTMENT OF ENT
AND NATURAL ES S
WAVE, OF RIGHTTO AN
AD S` AT BEARING AND
STIPULATION OF FACT S
FILE NO, PC-20Q9 0 5
Ha in l en assessed l\°il penaltie.in $7 ,994, 0 for violation s) as set forth in the
assess!n..ent document of the Division of \ ater Quality dated A r lq .7, 00, the undersigned,
desiring to seek remission of the civil penalties, does hereby Waive the right to an admit. str ative
hearing in the above d matter and does stipulate that the facts are as alleged in the assestnent
document.. 1 he 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 Quality within 30
days of receipt of the nonce of assessment, No new evidence in support of a remission request W. l
be alley et after 30 days fry rra the receipt of the notice of assessment.
day of 200_,
ADDRESS
iE H E

I ION OF WATER QUALITY
MEMORANDUMBob Sledge
FROM: Rob Krebs
PREPARED BY: Wes Bell
SUBJEC: :
April 13, 2009
Enforcement Recommendation
Violations of NCCiS 14 - 15,1 and
NPDES Permit No, NC0024244
City of Albemarle/LongCreek WWIP
Stanly County, N,C.
Attached isan enforcement report which details vio
NCGS 14.-215.1. Also enclosed are previous complian
corresponding response letters and the pictures taken he
Creek W TP. ;Based upon our review r of the respoten
Permit No, NC0024244 and
spection WEB reports with the
RCS staff at the City of Albemarle/Long
cement action is still recommended,
If you have questiquestions or require addi al o' a port, please contact Wes or
Attachments
WE

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF STANLY
IN THE MATTER OF:
CITY OF ALBEMARLE/
LONG CREEK WWTP
FOR VIOLATIONS OF:
NPDES PERMIT NO. NC0024244
AND NORTH CAROLINA GENERAL
STATUTE? 143-215.1.
File No, PC
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary o $epat t of Environment and
Natural Resources and the Director of the Division of Water Qua to Belnick, Supervisor of the
NPDES Western Unit of the Division of Water Quality (D al ' xt .°"° flowing:
FINDINGS OF FACT:
A. The City of Albemarle, (hereina
laws of the State of North Car
icipality organized and existing under tl
The City operates the I 0 MGD LoCreek Wastewater Treatment Plant located i.n the City
of Albemarle, in Sta County., North Carolina.
The City was r'� s d NP Permit No. NC0024244 on June 10, 2005 (effective July 1,
2005, with an �`on date of February 28.0 2009) for the treatment of wastewater and the
discharge beat ,��stewater to Long Creek, class C waters of the State in the Yadkin -Pee
Dee River',:. Cite was issued a permit modification on October 11, 2006 (effective
Oc r 11 06;with the same expiration date) regarding changes to the limitations and
uencies of selected effluent parameters.
.as submitted an application for the renewal of NPDES Permit No. NC0024244. The
s currently operating under the requirements of the expired permit until a new permit is
sued.
Section C (4)(c)(1) of the NPDES Permit states, in part, that ''Bypass from the treatment
is prohibited and the Permit Issuing Authority may take enforcement action against a
Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;

City of Albemarle/Long Creek WWTP
Findings and Decisions
Page Two
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment
should have been installed in the exercise of reasonable engineering judgment to prevent
a bypass which occurred during normal periods of equipment downtime preventive
maintenance; and
(C) The Permittee submitted notices as required under this section,.
Part II, Section C (4)(b) of the NPDES Permit states, in part, tb4iJerrjttec shall submit
notice of an unanticipated bypass as required in Part 11. E.
G. Part II, Section E (6)(a) of the NPDES Permit states, "The Permittee shall report to
the Director or the appropriate Regional Office an onjomp1ite that potentially threatens
public health or the environment. Any informati6 eprovided orally within 24 hours
from the time the Permittee became aware irctces. A written submission shall
also be provided within 5 days of the time mes aware of the circumstances".
Part 1.1, Section C (2) of the NPDES
properly operate and maintain a
appurtenances) which are ins
the Permittee to achieve compli.a
maintenance also includio adequate
procedures."
states, n part, that "The Permittee shall at all times
d systems of treatment and control (and related
'd by
The conditions of this permit. Proper operation and
oratory controls and appropriate quality assurance
MRO/DWQ sL. p ri rni�.a compliance evaluation inspection (CEI) at the subject facility on
.February 13, 21 R0./DWQ issued a Notice of Violation (NOV)/Notice of
Recomm 7nforcement. (NRE) on February 18, 2009 due to the City's failures to
provide p n and maintenance and the failures to report multiple bypasses of
pare d •astewater (See A.ttachment A). The bypasses did not comply with the
orth in .Part It, C(4) of the City's NPDES .Permit No. NC0024244.
rior record of compliance with programs over Which the Environmental
Commission has regulatory authority is as follows:
civil penalty (Case No. LM-2009-0003) of $1,4.35.30 was assessed on November 18, 2005
for effluent limit violations of fecal coliform and total residual chlorine and effluent monitoring
violations of pH. The penalty has been paid in full. A civil penalty (Case No. MV-2009-0001)
of $260.30 was assessed on May 1.0, 2005 for effluent monitoring violations of BOD and pH.
The penalty was paid in full, A civil penalty (Case No. EV-2008-0340) of $590.40 was
assessed on for an effluent limit violation of mercury. The penalty was paid in full. The City
has been issued two NOVs and one NOV/NRE for the last three compliance evaluation
inspections conducted between October 30, 2007 through February 13, 2009.,

City of Albemarle/Long Creek W VTP
Findings and Decisions
Page Three
K. The costs to the State of the investigation and enforcement procedures in this matter totaled
$494.60.
Based upon the above Findings of Fact, 1 make the following:
11. CONCLUSIONS OF LAW:
A. The City is a "person" within the meaning of G.S. 143-215.6.A p 4
B. NPDES Permit No, NC0024244 is required by G.S, 143-2.
The conditions within the subject permit regarding pr
prohibited bypa.sses, and the 24-hour notice are
permit,
D. The City violated G.S. 143-215.1 and NP
during the months of November 2008
described in Attachment A, by bypassin
E. The City violated G.S. 143-21.
during the months of November
partially treated wastew
F. The City violated
inspections c(
extent describe
at the wa, water
trough
.a
on an' d maintenance,
onditio , or requirements of said
.0024244 on eleven (11) occasions
2009, in the manner and to the extent
ated wastewater.
PDES Permit NC0024244 on eleven (11) occasions
'u.gh January 2009 by failing to report the bypasses of
5!tnd NPDES Permit NC0024244 as noted during the
d on ember 4, 2008 and February 13, 2009, in the manner and to the
achrnent A, by failing to provide the proper operation and maintenance
ent facility.
G. A ,• v be assessed in accordance with the maximums established by
G.S. 14.
s enforcement costs in this matter may be assessed against the City pursuant to G.S.
5.3(a)(9) and G.S. 143B-282.1(b)(8).
.om Belnick, Supervisor of the Western NPDES program, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources and Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, 1 make the following:
111, DECISION:

City of Albemarle/Long
Findings and Decisions
Page Four
Accordingly, the Cit
eek V'TP
is hereby assessed a civil penalty of:
For of eleven (11) bypasses of partially treated ew violation
of G.S. 43-215.1 and NPDES Permit No. NC00242 urt months of
November 2008 through January 2009.
For of eleven (11) failures to report b se. part i d 1yy treated.
wastewater in violation of G.S. 143-215. ermit No. NC0024244
during the months of November 2008 r uary 2009.
For the violations of G.S. 143-
No. NC0024244, by failing to
treatment facility as obsery
inspections performed«" Nove
Enforcers ent cost
TOTAL CIVIL
Pursuant to G.S. 143-2
Findings of Fact and Conclusi
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and e:
property resulting
The durati
The
The
, Section C(2) of NPDES Permit
and maintain the wastewater
during the compliance evaluation
2008 and February 13, 2009.
ning the amount of the penalty 1 have taken into account the
he factors set forth in G.S. 143B-282.1(b), which are:
o the natural resources of the State, to the public health, or to private
lions;
he violations;
ace water quantity or quality or on air quality;
g the damage;
'oney saved by noncompliance;
violations were committed willfully or intentionally;
The pW cord 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.
Date)
Tom Belnick
Supervisor, NPDES Western Unit
Division of Water Quality

DatesBypasses of partially t
Log.:
November 2008
11 //5,/08
11 / 14/08
11/15/08
11/30/08
Note: * denotes maint
tertiary filter cells.
ATTACHMENT A
City of Albemarle/Long Creek WW TP
NPDES Number NC0024244
ted wastewater were noted on the City TA be e's Operations
December 08 .lanuary 2009
12/1/08 1/6/09
12/10/08 1/7/09
12/11/08 1/2/09*
12/12/08
nance (sand
-moval i was being perform ed o nd the t remaining
Operation & Maintenance violations noted during both cd e valuation, inspections
performed by DWQ/MRO staff on, November 4, ?00 fa 1 , 2009:
- the grit rernoval system was not operational.
- the tertiary filters were not operational.
- the air scouring and backwash systems
associated piping were either not ope
- several valves throughout the wastewate
poor operational condition,
s including the drain valves and
n poor operational condition.
ant facility were either not operational or in

CERTIF I " T ION PAGE
Icerti that the mforma
S gnature of I r m. mile Investigator
e best o my n wl d .

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: (PC) Permit Condition Violations
Violator: City of Albemarle
Address: Post Office Box 190
Albemarle, North Carolina 28002
Contact:Raymond Allen, City Manager
Registered Agent: Raymond Allen.
Facility: City of Albemarle/Long Creek WWTP
NPDES Permit No. NC0024244
RetionalOffice: Mooresville
4.
The degr ee and extent of harm to the natural resour
property resulting from the violations:
o the public health, or to private
No harm has been measured or docum.entedwFever, i bypass of partially treated wastewater
could result in water quality standard v.
The duration and gravity of the violati
The bypasses occurred fro
operate and maintain the
inspection reports pe
13, 2009 (NOV/NR.
The effect on grog
degradation of the receiving waters.
ber 08 through January 2009,. I.n addition, the failures to properly
o cited in the previous three compliance evaluation.
bet 30, 2007 (NOV), November 4, 2008 (NOV), and February
ace water quantity or quality or on air q
No adv iwcts e been documented.
ing the damage:
No ,:" mental damage has been established; however, the City contracted an engineering
comp. yf (Tri.Tech Civil Environmental, PC) to prepare a "needs assessment' at the Long Creek
WWI' in January 2007. The engineering company determined that the City would need to spend
approximately $29,000,000 worth of rehabilitation work.
The amount of money saved by noncompliance:
None documented; however, the City of Albemarle (hereinafter City) has saved money by failing to
properly operate and maintain the wastewater treatment system.

City of Albemarle./"Long Creek 1°Vr°'TP
Assessment Factors
Page Two
6, Whether the violations were committed willfully or intentionally;
The bypasses appeared to be a standard protocol during high flow events associated with rainfall
events. Infrequent bypasses were also attributed to the maintenance activities performed on the
clarifiers and tertiary filters.
The prior record of the violator in complying or :failing to comply with prog
Environmental Management Commission has regulatory authority:
A civil penalty (Case No. LM-2009-0003) of $1,435.30 was assess
effluent limit violations of fecal coliform and total residual chlori
violations of pH. The penalty has been paid in full. A civil pe
$260.30 was assessed on May 10, 2005 for effluent monitori
penalty was paid in full. A civil penalty (Case No. LV-20
an effluent limit violation of mercury. The penalty was
h the
d mb 18, 2005 for
onitoring
as e MV-2009-0001 ) of
ns o 13O© and pH. The
90.40 was assessed on for
The City has been issued two NOVs and one NO, fort last three compliance evaluation
inspections conducted on October 30, 2007, 1�ovem 4 8, and February 13, 2009 (NOV/NRL).
8. The cost to the State of the enforce
10.
Central. Office Review and Processing
14.0 hours by investigator for investigatin
drafting report @ $2 /hour
1.0 hour for Supervisory r r@ $3f46/hour
1.0 hour for clericals ort e= 0/hour
TOTAL
ge ral nature of business
r 100.00
$343.14
$ 36.46
$ 15,00
$494.60
e. individual vs. large corporation):.
The it ipality that operates a NPDES permitted wastewater treatment plant.
f cooperation (including efforts to prevent or restore) or r
calcitrance:
The ORC has removed the handle on the bypass valve and the bypasses were ceased in January 2009.
However, the City has not made adequate progress to correct the operation and maintenance
problems continually noted at the Long Creek WWTP.

City of Albemarle/11„ong Creek "' "TP
Assessment Factors
Page Three
Mitigating Circumstances:
1)\VQ'MR0 staff had determined that the tertiary filters, chlorine contact basin, dec.hlorination
system, effluent sampling and flow nr.easurernent areas (used for DMR reporting) were all bypassed
on numerous occasions. The bypass valve and piping network were located prior to tertiary
filtration process. The wastewater being bypassed had been partially treated by t :oll roving
treatment units/processes: bar screens, aeration basins, and secondary clarific n. =astewater
flows would "backup" prior to the tertiary filters due to the poor operationa n of t etertiary°
filters. The sand in the tertiary filters was "blinded" with wastewater so ' s a the air s souring
system including drain valves and associated piping were either not o `rat al or n poor
operational condition. The facility was able to provide chlorinatio f y treated.
wastewater (at the bypass area): however, the detention time w ap oxi y — 4 seconds prior
to combining with the treated effluent and discharging into th v g stream.
The bypasses were documented on the facility's operatitt 1 g with th.e number of rotations
the bypass value ryas turned (see attached pictures). �'��- by sere mainly initiated
during/following rainfall events when flows appr : to CiD- however, an occasional bypass
(I during the November 08 through January' tune roe as the result of maintenance being
perlorm.ed on the tertiary filters. DWQIMR M" . of had i ` ermined that the facility had bypassed
partially treated wastewater on 71 separ�,� i , rn February 08 through January 09, Note:.
Approximately 4 of these bypasses w . a" but o maintenance on either the clarifiers or tertiary
filters. The City never reported any of e, asses to theDivision,
The City had informed. D
Development Econornia
($3,000,000) for facili
0 staff that grant monies have been applied from the NC Rural
00 0) and the Clean Water Management Trust Fund Grant
No
ram monies have been approved as of to date.
On April 8, 200' the © ftlr the City of Albemarle/Long Creek WWTP notified the Division that
he was withdra
Assess
as the 0RC of the treatment facility (See Attachment).
g Stream: Long Creek, Class C Waters of the State
bf Permit Conditions Pages: Attached

91 9-733-13
NE NUMBE
R`r
e
Ale
SACS.
F"
NT
End
Creek
S ITTA SHEET
Philip
TOTAOF
gad
9FE�CEIRE U EI
COX
90
LEASE REPLY
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cuff asORC of the City o
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09
CS CC
1.618 Maal Scrheir C
Raleigh, ?9C 27699-
uid like ttt he
CzeeiT
8,, 2002. I Can
ict� 8 sr}s l as ORC of the City'
RC atd here gS t ups to tame;
pat er, phis i i�at_ rade IV (tett. 1409 .

he bypass valve (light b➢ue in color) used to bypass the partially treated wastewat
Two cells of the tertiary filtration system can be seen on the right side of the valve. The
bypass piping system runs parallel to both concrete structures prior to combining with the
treated effluent (opposite side of darker blue piping).
The bypass outlet (submerged) is

A view ofthe effluent flow measuring device in contrast to thc location of the bypasses.
Note: The outlet in the concrete structure is a designated stormwater outran only.
Ao,
The NPDES efflucnt sampling point that is an the opposite
and bypass outlet.
ectangular

es of the City of Albemarle's Plant Cyl erations Log with the bypasses being
mented.
t4
4404.4
b4
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4144
ter" d��„,%kr;'��a,;,, r,rew ';°
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Bypass documented on 3' and 1'1 shifts on 1/7/09.

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Bypass documented on 2" shift on 12/10/08.

U)v hY�l p�
Bypass documented on I and 2' shifts on 1 1 / I4/08.
1 ass document d on 1 "' shift n 11 /30r`0

L..
A
Nora
Reverie Eaves Perdue
Governor
NCDENR
Carolina Depar rnent of Environment and N tun i Resources
Division of Water Qua)ity
Coieen H. Suthns
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6567
Mr. Raymond Allen, City
City of Albemarle
Post Office Box 190
Albemarle, North Caroline
lien.
ager
2009
Subject: Notice of Violation Notice of
Recommendation for Enforcement
Compliance Evaluation Inspection
Albemarle Long Creek WWTP
NPDES Permit No, NC0024244
Stanly County, N.C.
Tracking #: NOV-2009-PC-012
Dee Freeman
Secretary
Enclosed is a copy of the Compliance Evaluation Inspection Report for the follow-up inspection
conducted at the subject facility on February 13, 2009, by Ms. Donna Hood and Messrs, Lon Snider and
Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by
forwarding a copy of the enclosed report.
This report is being issued as a Notice of Violation (NOV)/Notice of Recommendation for
Enforcement (NRE) due to the CCity's failure to provide proper operation and maintenance at the subject
treatment facility and for failure to report multiple bypasses of partially treated wastewater. The failures are
violations of the subject NPDES Perrnit and North Carolina General Statute (OES.) 143-215.1, as detailed in
tl Operations & Maintenance, Aeration I3a.sins, Secondary Clarifier, Filtration (High Rate Tertiary),
and Effluent Pipe sections of the attached report.
This office. is seriously concerned with the faaeilit y's ability to reliably treat wastewater due to the
continued deterioration of process equipment (including piping, frozen valves, etc), treatment processes,
and the lack of routine operation and maintenance measures. Operation and maintenance issues continue
not to be addressed (grit removal system, inoperative standby generators, inoperative aerators, etc.). During
Mooresville Regional Off
Location: 610 East Center Ave., suite 301 Moaresvdle, NC 28115
Phone: [phone] \ Fax: [phone] `+ Customer Service 1 5.77-e23-6748
Internet, wvwv,ncw2erqualtty,org
One
NorthC`olina

Mr, Raymond Allen
February 18, 2009
Page Two
the inspection, MR0 Staff determined that facility personnel had initiated routine bypasses of the
disinfection, &chlorination, effluent sampling., and effluent flow measurement systems during high flow
events. Multiple bypasses were documented in the facility's oPerationlmaintenance logs from November 08
through 'January 09 ('onlY months reviewed); none of which. were reported to the Division.
It is requested that a written response be submitted to this Office by March 11, 2009, addressing
the above -noted violations in the attached report. In responding to the violations, please provide a detailed
list of any corrective actions taken to address the above noted violations and include a detailed schedule to
return to compliance. Your response should be sent to the attention of Mrs. Marcia Allocco. In addition,
due to the severity and number of violations and the condition of the plant, it is requested that you contact
the Mooresville Regional Office to schedule a meeting to discuss the above violations and your future
operation and maintenance plans. The meeting should include the plant's Operator in Responsible
Charge, the Director of Public Utilities, and the City Manager..
This letter is also to advise you that this Office is considering sending a recommendauon for
enforcement action to the Director of the Division of Water Quality for the above -noted violations of G.S,
143,215.1 and NPDES Permit No. NC0024244, if you have an explanation for these violations that you
wish to present, please include it in the requested response. Your explanation will be reviewed and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along
with the enforcement package for her consideration,
Pursuant to G.S. 143-215,6.A, a civil penalty of not more thantwenty-five thousand dollars
(S25,000,00) per violation, per day, 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,
To schedule the requested meeting, please contact Mrs. Allocco, Mr, Bell, or me at [phone],
Sincerely,
115
Robert B. Krebs, P.O.
Surface Water Protection Regional Supervisor
Enclosures:
Inspection Report
WWTP Pictnres
cc: Elbert Whitley, Jr. Mayor, City of Albemarle
Eniest Borders, Director of Public Utilities, City of Albemarle
Stanly Cotmt:,, Health Department

211
EPA
Ins p lion ',No* Days
:.S
Water Corr
Section A. Na
NPDES
N. 9024244
Facifiity Sell Mcr
701
41lashingtcn, €3_G_ 20.45.0.
yr/rnoday
09/02.113
Remarks
III I IW.1.
g Evaluation Rating R1
E.
nA
72t
and f.ocalton of Facility Inspected (For industrial Users discharging to PL W, also incle
and NPDES permit Number)
Lcry .z e dWT's
• 1040 ti.00ble Ave Extent .on
A;t:em.:s1e NC IPI( r
Inspection Type
131 -=1
orm 'Approved,
it Na. 2040-005 E°
Approval expires 2-31-98
InSpec1or
191 ,: ..n
Fan. Type
201
III .I 11 1. J 1 J"
Permit Effective Date
97/02/01
e
Name(s't of Drsde Represer3 11tvV7dlles(s)iPhone and Fax Numher(s).
4_.mes
54-uc58/
Name, Address of Re
erallTitle/Phone and Fax Number
Operations
Effluent,/Receiving Waters
Section D Summary of Frnding'Coml
tr+
e NC 2110021111ty
Contacted
No
r Factil
Permit Expiration Date
G_ Areas Evaluated During Inspection (Check only those areas evaluated)
Records/Reports
boratory
(See attachment sum rr ary)
10 Self-Monitcring Program
aciltty Site Review
s (Attach additional sheets of narrative and checklists as necessaryl
Name(s,> .and Sig.nalure(s) of Inspeclor(s)
N Bel].
Agencyl06fucelPhone and Fax Numbers Dale
MF.o W"2r''. 04-6i ._ -1E9 A Ext, 2_92
rc„rsa Hood MR, 'WQ/, ._r-663_16 9 Ext,2193,
,afore of tvtanaaernent µ A Pev.e xer
r,via A11Uct' e
- Agency/0 ,e.Phcrrre and Fax Numbers fate
tiim ry k F_ ,< 14. 2 2 0 ,4 ;
EPA Farm 3556-3 (Rev 9_}4' Pre vit editions are cbsoiete.
Page #

NPDES
NC((NCOC24244
12
ay
yQc is R
8 ,
Sect
Sum of Reding/Co,g \aggelora sheet
a ndcheck as±Pm
Page 4

Permit: Nc0C24 44
Inspection Date: 02.id3,?0C:9
Owner • Facility: bong Crpn:w a:A'\TP
Pnspection Type: Oompiiarce Evaluation
OperationS f taintenance
Is the, plant generally ,dear, with c ceptable housek..eeping7
Does the facility analyze process control parameters., for ex. ML<SS, fy1 RT, Settleable Solids, pht, t
ludce ac,d utlier that are appl code?
Comment: The facility continues to have significant operation and maintenance
problems (see following sections), The grit removal system is not operational and one
of the standby generators was not operating properly (water in the oil), In addition, the
facility has the capability of bypassing the tertiary filters, chlorination/chlorine contact
chambers dechlorunation, effluent sampling point, and effluent flow measurement during
high flows. The bypassed wastewater combines with the treated effluent prier to
discharging into the receiving stream. The facility staff had documented several
intentional bypasses during the past three months (only months reviewed) on the
operation/ maintenance logs. These bypasses were never reported to the Division and
appear to be standard protocol during high flow events,
Record Keeping
Are records kept and main*=fined as required by the permit?
s aEl reoulred information„ readily availabe, complete and current?
Are all records ma.inta;ned for 3 years (lab reg, required 5 years)?
,As
is consistent ,Aith data reported on DMRs?
is the chain -of -custody :ompiete°
Gates, times and location of sampling
Name of wndivrdual performsng the sas'rpJing
Results of analys
Dates of analysis
Name of person pertio,r, n nd analyses
Transported COCs
Are DD1Rs complete_ do they include all permit parameters?
Has the facility subs€'tt.esd its annual compliance report to users and DV1' '
if the is toy is = or > 5 MOD permitted flow) Do they lcperate 24/7 with a certid eperator on each serif?
Is t!TM,e ORC visitation log available and current?
Is the CRC certified at grade equal to or higher tb:.an the fa`r ctasslflcatPon?
Is the backup operator ,-ertified at one grade less or greater than the facrtaty ctassd'ficati nr
Is a ropy of the current ,NPCES permit available on site?
Facikt-y has copy of pre°.; rus years Annual Repot, on file for review?
lion
Yes No NA NE
■ nnn
e ■nnn
Yes No NA NE
n nn ■
n n cj.
n n❑■
nnn■
■ nnn
■
■
nnn■
n nn■
■ nnn
■ nnn
■ nnn
■ nnn
■ nnn
nnn■
Page

tl ast Gtiorr rat
Facility; Lonc, is
on Type:
Record Keep nAC'
tnth
Laboratory
eater parse
Conform)
tom) ses, s5.,.ef.a4,..
The C
r�t� Prifident anx
ddit@i: n thl%
tot
oversi ht ut tht opera
sure compliance wilt aCl
and staff have
F; docurnentat
aired at the 'bean'
Led by a ce ed ut^
• )Ptza ;ttt
lyres C niuthcg fiend
that the current labrir
'lt, dissolved oxygen, and t
pit
a ry "w'G begin
n March 2,
perform all
TIp raturt`M sti:3rnn
IRO instrument cabbrabor and ar aly's s
t on re 'a oblems biEt *+ ti the instrumer1t r."abiht ' to Rey
ithin p rratt qualmy curio c t _.se atesry pcetiTyt:lar
hers:,tt the M ,''isi :ofs Lab.'orc to j trtrfi •at; ra t,rir6 'tr tL1rther review
At ration Basics
en system
'he foam CCVer
scents:bated tot et I
e',ru14"det
Yes No NA lc -
NA NE
ette
nons
n®
CJ O
No NA t NE

Permit: NC0024244
ctron Date 2/13.1'2009
Aeration Basins
rent: Only ae b'aasin t had atl c.` the surface aerators operational
e remaining tin r e aer Lion basins were not operational due
ical probie'TS. T= es' basins were not Being ad° guateV oxygenated. The R v
ndicated that the Lack of op— .tiorrral rerators was first observed on February 1 or 2,
009 The thick vegetation mats prevoousr:t observed in all of these basins have not
been removed ad no actions have h& In@ti °ed to remove the buildup of sol,rfs in the
basins. The system of vales continues to be in poor operation Condit on.
Owner Long leek Vr'Ar".
tP
Inspection Type: Corrplcance
larifier
ous wastewater?
Is cum,, re:n vial de,.dg aC
free of excessive fait r.g sludge"?
Is the °ett'rn rate acceptable (low turbulence)?
Is bear ot
srir s/pm floc
fs the sludge blanket levee acceptable? ("Npprox t :a ly t.. of the
Comment: Suspended solids were observed discharging over the effluent tiw°Feirs.
Several oil sheens were also observed in one of the clarifiers. This Office has concerns
with the condition of the valves for the return and waste activated sludge (RAS)/ VVA.S)
pumping systems,
Filtration (Nigh Rate Tert!ary)
Is the f+l te,r media presGenf
r surface free of ruttfctf',.
s .w,e flfter t `se of grown,
Is the scouring asce_ptaCtieg?
is tne clear well free of excesswfst s'o"srd
NE
Yes No NA NE
■ n n
■ nnn
■ nnn
■ nnn
■ nnn
▪ nnn
■ n n n
■ nnn
■ nnn
n■nn
■ n n n
Yes No NA NE
Down flow
El■fin
n fina n
n^;
a 9 n
n n n
n n■n
nn■n

Perr t: NSGe24o
npe on Date:
re
T rty::Lang Ores
Type. Compliance E.
P Ptratrnn I i h Rate T€
'The t rue= ltr ti. n system is. t longer operatic T t fit nlit; st ft are
n the process of removing the filter mid€ ftnt a 'p tertiary tiR rs. Thy f ter rt t d s from
the rem - 'n tertiary, fitters has been pr tiftra tsl;r° removed. The drain valves and afa
scour s; t$ rn {in l,'"f"ng,, rir st bknwer unit,. n isms to be 'Hs poor operafional conditt
Effluent Pipe
to the t° ,
ro
ffu rr pines are repuared are tt e`
L
p properly,`
nt` ' stevia e obseNed 'along the strewn': sr k
uttsdl n pprn atet ly t feet down str am of tie dischsr;
No NA NE
Yes NNA_NE
Page

Photos Taken by DWQ/MRO S f ern February f 3, 2009,
One of the documented bypasses noted in the f c
No ae
as noted in pre
operation/
intenance log.
ng provided in hae aeration basin and the thick mats
ous inspections,

Note the lack of aeration in the basin and the luildup o
One of the it sheens observed in the secondary c

y filters being completed cleaned out. Note the sludge mat on top off` the
Wastewater solids that had accumulated in the creek approximately 0Feet downstream
of the outfall.

P C Box 190
�
AiLerr�arle, NC ��dO0101_O
March 10, 2009
Mr, Robert Krebs
North Carolina Division of Water Quality
North Carolina Dept. of Environrnent and Natural Resources
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr, Krebs:
IlurulTne
taf uLiie_ Urlities
Tel. [phone]
Fax [phone]
Subject: Notice of Violation
Long Creek WWTP
NPDES Permit. Number: NC0024244
City of Albemarle., Stanly County, NC
Tracking#: NOV -2009-PC-0127
This letter is in response to the NPDES Perraxit Nurnber NC0024244 Notice of Violation
(NOV) dated February 18, 2009, The NOV references two areas of violation as listed:.
1. Failure to properly maintain the wastewater treatment facility.
2. Failure to report multiple bypasses of partially treated wastewater,
The City recognizes the seriousness of these issues and is committed to securing
necessary to make necessary repairs and/ or upgrades at the Long Creek WWTP. Attached is our
"2009 Immediate Action Plan" for your review and approval as appropriate.
Resnonse to A,'
t
41: Failure to properly maintain the wastew
earn
facility.
The City's response letter to your office dated December 4, 2008 indicated that the City of
Albemarle had previously engaged the professional services of TriTech Civil Environmental, PC
for the preparation of a comprehensive "Capital Improvement Plan" (CIP) of the Long Creek
n

ed cleaned out, Note the
Wastewater sli that lad accumulated i« the creel; approximately 5 i feet downstream
of the outfall.

Waste Water Treatmet t Plant (LC 'P). The compL ted CIF identified approximate
of rehabilitation \vork at the LCWWTP veitl a r°eorrrnended 20-year 11
chec
This additional capital investment (Si.45 NU Yr could be in addition to the current LCWWTP
$1.232 TVt operating budget. The challenge to this entire situation is that our convnrinity no longer
has the revenue base that it once had due to the significant loss of the textile and manufacturing
industries.. The C
of AIberharle's industr
past ten years. This has had very serious a
ummumty has been reduced ,signif
s on our operating revenue. The Ci
s also
v;vith further reductions to working uapital due to the severe downturn in the economy. Surly
County is currently experiencing an unemployment rate nearing 9 percent.
ced
The extremely high costs associated with the replacement and or repair of Bar Screens, Grit
Removal equipment, aeration basins upgrades, Filtration (High Rate Tertiary and Aerobic
Digester has required the City to seek outside funding in the fortn of grants and low interest loans.
.I.n July 2003 the City of Albemarle, retained Municipal Engineering Services Company of Garner,
NC. to act on our behalf to prepare applications for grant monies from the North Carolina Rural
Economic Development Center (Rural Center) and the North Carolina Cleve Water Management
Trust Fund. Our application to the Rural Center was submitted out time and was accepted for
conThe NC Rural Center made notification of these awards on December 17, 200S.
The City of Albemarle was notified that our project was not selected for funding due to the
following: The Rural Economic Development Center's Supplemental. Grants Program said, "The
project financing depends on a $3.0 M grant from the Clean Water Management Trust Fund." The
City applied on. February 2, 2009 to the Clean Water Management Trust Fund (CWMTF) for a
S3.0M grant. It is our understanding that funding from the CWMTF does not look promising in
light of current economic conditions at the State level and a recent reduction of CWMTF funding
by the Governor's office.
In con
of the current, funding environment the City has made effo.
o sec
Rural Center funding without the CWIVITF contingency funding. The City has been informed by
Rural Center officials that the $1.0 M Rural Center funding will be made available contingent upon
a local match of S600,000, The Lily as pre serrily r'rakirng prepariluoi s
MIS rev
2

Eiitt°st'an (lli h Rate `1
Statute (G. a.) 14 ;-
in December 2 'Refeaetac:
repair or replacement It egirtaling Jan
w� °l ed Bar Screens,, fir t Removal,
c Eic. Digester as beingi plian
he Citf's response to your at d ttetlDee
t Basins,
th General
tdi ind stain
0 -PC-07 5) w 1den ti led -immediate action itertts for
in
Bar f cteen Repairs,
=rnt�r prop reilttatt.
Rep air enerator sn itch. gear.
Irastafi caecaa ecttipttt..ent in sludge tl
Ipeidr replcertants
scrap retna gal nttd gene clan -up
er.apiatg Barad painting of equipment:
Relax, e generator a old Platte
Rea tcav`sl.of Vegetation fro
er,
the n e ns s ienms:
t l+asiia.
Repairs gumrs oar storage building.*
Parted help rc l CDE R 1 eclriaical assistance.
To date ry e. lave acct. mplishcd all f° else al ev e item r cept for the removal of v e etatic n fra at the
hem basins, the r :.lncati n of the 'generator and repairs to gutters Cara the strtispe building.
Additional ve hav aiso;,accomplished the folln zrsp
staiieri a new e(fluent sampler.
Removed filter rraedia_fro
Replac
di
the t
atio(
4)

Relayed lift T res nps.
Replaced 5 lift ,eras be ig covers,
Repaired sweep n ,"i CI tiler
le lrr£ed
1.rrired sl
Purchased addition tarry trailcz to hail l dude.
l .epaired sub grade and paved
a•
stalled new hoist ecupnent in (lzlrine Building.
n Plant operati ra brriid n .
The f`trllo in is in r:Teretice to the "ter rrzplia rye Inspectrt Deport dated. pebr .rar 17,
2009,
a
cd newtr
Operations nd Mainten anee
a
inrpro °errrproject f rrhicl
Irtttrrediake Action Plan'
tarnclbY Generato
attention of this offie;a
clitTerent connp r pies to oontplete the required repairs on th
purclrasirrd prooedru`es recrtir
o at this tirrae and are cat
ediately upon corrr le on of the procurement proce
¢rding I beenn re
n
s planed
ted, Refei
s
Record Keeping
t he
This issue
9. aft drat Circe quote
rs adore cat his oversight res airs
Trove co pine of the treatment facility to Mein cle labor itrrri practt
quotes
Grp
of the t '
ached "200
first brought to the
der° requested from three
lather/angle
aia1
"hg a third quote. The City is prepared
on

Laboratory
cleficiennies not
r aet rarr Basins
s of
e affect
prii7
5.Sr r onar= . lar itis
Secondary clan
the aeration basins.
Irittr~atk n
lrn.rraec1 i
ndxi
AL tir n P
reatrnerat r ap tc.it. in flee aertrtican•basi
perfc rinsince sh
pro\
the debris is rernc\ed fro111
it"he me has been nosed from each filter Deli. Once. the aeratitarr basins are
clearttd out, the City bell r s,that testing Dili re w l that filters rraa °not be
nee r seen. in order to mee NPDES permit limits.
Effluent Pipe
a
Re
rent)
at
Ord the accumulated nlids in the rrerati
siaratdd improve l lz t p tfnrrra rnc.e arrt
F
etart rrati
has
press
ns
and other quipnrn
this problem.
r °press s trtpar rail °treated ss ai
Our RC has been made aware of this issue; and corrective action has been implemented, He
has also trained his staff on record keeping retirements and notifications t as this does not
happen again. `r `e are confident that signal ant Improvements swill be see in this area, at yn
i3e'Ct irisp .ctin.
The Cite of Albemarle is epiy e palatal rsf tie
f t r internal infrastructure and the en%ir nmcn
ears to enhance the err ire/unman. aspects r f t ur cnn
ea. l nhanccnaent of att.r quality issues is always ti
agile balance drat exists between en ilk operati
n very as
the last fi
arad have .1 ade grc it strides in t
st rn any rat ttae prraie.ts ttaae

Albemarle takes the enviromnent very seriously and understands the critical balance in meeting our
citizen needs with that of protecting our natural resomices.
We are asking that you give US time to effect changes at the IsCWWTP facility'. In the past year
aye have made great progress toward reaching the goals that Vie have set. Our responsibilities in
this matter are something we take Very seriously. The guidance your office has prinided us over
the past year has been helpful and your staff has been extremely cooperative. We will ndike e \rer.
effort to make the irnprovenients in order to comply with the specifications stated in the NI DES
Permit No. NC0024244.
Please let as now if you have any questions or additional requirements.
Sincerely,
Raymond I. Allen
City Manager
Attachments
CC: Ernest D. BOIViers, Director of Public Utilities
Phillip Ilazelwood, Water and Sewer Plants Superintendent
file

2009 immediate Action Plan
for Long Creek WWTP
City of Albemarle
NPDES Permit No.: NC0024244
The'follrwing steps will be implemented imnaedia
(LCWWTP):
y to correct deficiencies ar the Long CreekWWTP
Rernov®e solids accumulation and surface biomass
basins. Contract
operations May be required to accomplish this in a. sufficient tirne frame due to the lack of plant WAS
capacity.
%. initiate an engineering review of the aeration L asins xingl aerati
rcplacerneupgrades as indicated.
3 Remove vegetation from sludge storage tank,
Replace or rehabilitate flow control gates that are designed to isolate and control flow between
aeration basins. Replace isolation gate valves on the drain sine for each aeration basin with plug
valves, This will allow future maintenance of the aeration basins without running the solids through
the secondary clarifiers.
g rev ie o
-equirements. Make
olids handling system. Currently the City has 3 options for
sludge disposal: land application ofliquid solids (4% - 5%) following decanting, land filming of 90%
solids fallo,,ving treatment with the centrifugeldryer system and hand application of liquid solids (20%
25%) foliowicentrifuge only no dryer operations. Current operations are not
meeting the City 's needs. As a result solids are being held in theWWTP for extended periods to the
c'Ietrirttent of the liquid train treatment. Review will encompass the entire Waste Activated Sludge
(W..AS) system.
6. Construct capital and maintenance itipro vements outlined in the 007 Ttitech Capital Improvement
Plan report. Prior to implementation, the City will:
a. Review needs prioritization for phased capital improvements with NC DENR concurrence.
b. Consider the need to maintain or eliminate existingtertiary treatment to reliably meet NPDES
discharge limits,
c. Consider converting nnnsed tanks into off-line wet weather storage to reduce the hydtatrhic
surges through the WWTP during wet weather events.
Continue investigations of the collection system to reduce wet weather peak flows and limit the
introduction of grit intrusion from inflow and infiltration.

CFRTI}IED
RE: RECEIPT RE
7007 1490 0004 4„ (a9 6499
Mr. 1'.awvinond Allen. C ity I fr
City of Albemarle
Post Office, Box 190
Albemarle, North Carolina 2
Dear Nrfr,
Lneloscd ➢S a Cop
conducted at the s
advise the facility's
enclosed report
monitor e
tr'eatnment. faC
General Statute
Grit Removal, A
sections of t
twenty-five thousand
porson. who;
an I,et nn issued purl
NCDENR
rubcr 2
STED
Perrnit
County,
mplit)nce Lv aluati r Inspcctioa T eport
wi rber d,. 2(08 1, , Mr, Wes Bell of t
sible Charge of t�irr .iir ciir� s bey° f
epcirtis1ringissuedasanoticeof
t sil , er, a�air taia retain adequate
The failures are +violations
S.;) 143-215.1.
Michael: EaS1•ty, is
:sE t .... Ross Jr yea. e.t; ra
?aas~,wrt:.zrr alurs➢ n.esoa,.r:ws
v¢ Water I,
tin
ease
of the
due to tle City'
ain
d :North
detailed in the Record Keeping/Summary, I3ar Scree
and proper
:ctPVP.S Pc
Basins, Filtration (High Rate Tertiary }, and Aerobic Digester
port, Pursuant to G.S. 143-215,6A, a civil penalty of not rnore than
ars (25,UU0.00) l,eation, per day, may 1. e assessed against any
L1.1 Li..,-
nt to G.S. 14-21
Moaresville? r, iortal C'ffict'
!Men, r '_ry 51l u Q 1
610 Fast Cen
a (i'wy
guile tit)
Photie 04.66 -1699
Fax 704-66'36040

Ray nri Allen
N OS
Pate Two
.r
a+Jddressu g the
explanatory,
EL Bell at {
the tt os act
the ac latLL ns, pier
letterhead aJ Mess.
u ted that a °ritt tt re ;P-ins be submitted to e by 1
s
above -noted s ire ati t s in the atta hL. report The report
tid you have questions cottcertting this report, please do n
663-1699i Your response should alsoitacln e.an tupr ate tit - `ne that details
address the numerous maintenance] tt this fadzlit =. In responding t
address your comments ments to the att t tiotr t l rs. March, "\floc. o at the
Ernest tillers, it c bemarle
l
tarns' tiir�ti' health Ieartrttent
ce
bert B. eh
face \V°rt r P
c
egienalrterisrrr

EPA
Transaction, Code
Nil 2 1 51
inspection Work Dayo
01
1.5 69
Lin-cied Stereis Envie:it-ore-prat Proerection egerted
Washiegtord 0 C 2045d
ateCorn.ance nspect on Re o
Section A National Data System Coding (iePO
NFOES
titc0024244
1 11 121
yrimolday
Remarks
LI I I 1 I 1 1i. I I I. 1 ! 1 1 I 1 1
Farilicy Self -Monitoring Eyatuction Rating 81
1 te1 .1 id
17
inspection Type
1Thati
Form Approved
OMB Nu 2040-E0557
pproval cncires 8-31-98
Fa c Type
20 I
Section B F.acility Data
Reserved
0
Name and Location of Facitity inspected (For Industriai Users illsoriarng o POTW, aiso include
PO'Fili.t.name and NEDES permit Nurnrier)
Long Creek PUTIri
1040 Coble iavo Extensece
Albemarle Ntl. 29002
Entry Time/Date
feci15 8 / 11 /04
Permit Effective Date
07002 /01
ExlI me Date
elvel C8/11/04
Permit Expiration Date
09/02128
Namedis) of Onsite Representative(o)/Titie, ' MPhorie and Fax Numbeirs)
Mimeo soder. Rogers /17g4-984- 96'32 /
Phrlip Andrew Hazelwritob/ORdr7C4-B54-66SB/
Nartie, Address of Responsible OffidaliTitlelPhone And. Fax .Number
Revreoriet 1BCX Albemarle WC 2aintonoioc.ity
Mareagerftglitio984-9405/70498494G6
Contacted
Nia
Other Faciti'ty Data
. . .
Section CAreas Evaluated Oprini; Inspection Co.nercr only those areas evaluated)
permit
9,e-if-Monitoring Program
Lo0oratcr
ecr
'rara
Flow Measurememt
Operations & Maintenance ,ecordstRepoots
Sludge, Handling Disposal II Fa Site Review
Find
(See attachment summary)
-1-fluent/Receiving Waters
0 iornents Ataoh ad lif uI snats fl5rfat5e and a eCkl s)5 05 PecosSar
. amei.i..) and Signatureis) of frispectorts)
7-i/
()
tit.es ley itit Bell •
Ageric023fficelPhone and Fax Numbers
MR0 irdli//dG4-663-1699 Ext,2192l
Date
Signature of Management Revicerer
99C-- -
-ciannoc. uniounco
EPA Form 3560-3 (Rev 909.4) Previous. edit ons are obsoie.te
AgencyleffineilPhone a.nd Fax Nur/tiers
RRO10Exr.2204/
Date
Page

NPDES
Ins ,Paso Type
Sectron D Sumnlari of un« ,` ommerts ,!Attach ad fionat
eci4£ta as nt .ssa .1
RECORDS KEEPING SECTION cont'd;
The discrepancies found during the review of the facility's self -monitoring program were as follows'
no dissolved oxygen calibration data could' be found from the week of 8°2 ,r to 9 2 ,au :
- the collection times for the effluent grab samples (fecal conform) were not being properly documented on
e Feral occasions in 10108,
- the maintenance records were not being maintained on -site for a period of three years,
the composite sampling start and end times (influent and effluent) were not being properly docued on
several occasions in 10./0._
the effluent composite sampler temperatures were not being documented,
- the collection times for the effluent total residual chlorine samples were not being documented:
the incorrect sample type was listed on the DMRs for zinc, color, mercury, cyanide, on grease, and total
suspended solids (influent only),
- the effluent pH sample was analyzed outside of the 15 minute holding time on 1u't 'u
Pace

nspec
N crr24 44
ate: P0412008
Pen
e eraser
"d faci'€ty as c'escr+bed €n t perntiC
n e there dry specib ccnditicns for tre permi
access to €h s=te r=strscted to the gene
the 1nspetr all areas
e plant
granted access to
the or 1 St Ha
he peri
ubfic?
of In e ttC n
Coniiment: The Division issued a permit m dltl atlon on 10/11/06 regarding effluent
limitation and monitoring changes (chromium, cyanide, seleniun ,silver and mercury)
and the addition ofan effluent pollutant scarf. The expiration date l i0 ) remained
unchanged;
Record l eetain
Are records kept and rna€nto ned as r qu,red d'y the p rr„�it7
Is all required inforrnot€rn rea€ atp3ete pr d current?
Are a! records r
main
Are analytical resin
lab,
reg4
5 years)?
c>nsster,t w t data reported an LMRs°'
Is the ch.a€n-qf-custody cr,r€'plete"
rcr
N cf ind€✓idudl perforrning t3ie sarnplir g
Re
�kysis and caE bra'non
Dates of analyses
No of person perfo dog analyses
irarsprrted CQCs
Are L.. PIRs co
plc
do they Include all pe
paname
Han t e facol ty submstted ¢s annual comp ar G report to us, rd and DVVQ
if he fa arty i = or > r 1n1 permitted flows) Do they operate 2,lari with a cart fled, operator on each st
he URo
ilea le and current`s
fled at grade equal to nr higher than the
acil ty classdl alum`
is the Backup operator cerbfied at ore grade on or prer Ilan the fad
rf the current NPDES permit available rn
Papally has copy of previous year's Annual Repot cn f`sPe for reviewy
y cIa
ion"
Fri l
l
i n
I•n n
0 0 C0
n
Pace

Permit. NO00024244
Owner - Facility: Long Creek NM TP
Inspection Date: 111042308 Inspection Type: Compliance Evaluation
Re Keeping
Comment: DMRs were reviewed for the period April 98 through August 08, A weekly
average effluent mercury violation was reported on 4/28/08. The Division has
separately addressed this limit violation by the issuance of an NOV/civil penalty
assessment, A chronic toxicity failure was reported in June 98. The Division will also
separately address this limit violation. The facility failed to achieve 85% removal of TSS
for April 08. Only once per month monitoring of effluent silver was performed (twice per
month required) during April 08, May 08, June 08, and August 08 The record keeping
system was not well maintained and needed improvement. See "Summary" Section for
additional comments.
Laboratory
Are field parameters performed by certified personnel or laboratory"
Are all other parameters(excluiding field parameters) performed by a certAfied Eab?
# 6[s the facility using a contract lab?
# Is proper temperature set for sample storage (kept han or equal to 6.0 degrees Celsius;'2
Incubator (Fecal Conform) set to 44.5 degrees Cgrees"?
Incubator (BOO) set to 20.0 degrees Celsius +I 1 0 degrees?
Comment: The VVVVrP laboratory personnel and equipment were transitioned to the
Tuckertown A'TP in September 2008 The laboratory certification number will remain at
59_ The tiered analyses (temperature, pH, dissolved oxygen, and total residual chlorine)
will be performed by the V"VV'fl'TP staff (under laboratory. certification #59). Pace
Analytical (Certification #12) and Tri-Test (Certification #103) have also been contracted
to provide analytical support.
Influent Sampling
# is composite sar�pli�
Is sampl
p
orfionaf'7
ollected above side streams?
Is proper volume collected?
Is the tubing clean?
is proper temperature set for sample storage 'kept at less than or equal to 6.0 degrees Celsius)?
Is sampling performed according to the permit'?
Comment: influent composite samples are manually collected every two hours and
combined proportional to flow.
Effluent Sampling
1s composite sampling flow proportional?
Is sample collected below all treatment units?
15 proper volume collected?
Yes No NA NE
Yes No NA NE
® n 0 ! r
a0l0n
• n n n
jinn n
nnn*
nnn
Yes No NA NE
* n n n
* not
• n n n
nn*%1
® n n
an n n
Yes No NA NE
■ nnn
■ nnn'
■ nnn
Page # 4

Perrnit: N;; 00224044
inspection Date ? ;r'042005
Owner Fac I ry: Lang Greek sww f Ii'sa
nspection Type. Con7piiar t. Evoluati n
Etf!uent Samplin
i5 e tub'ino clean?
Ise"opet' temperature set t,ar sample stern
swe tar€
Comrnent See "Record Keeping/Summary" Sections for additional corr,ments.
Upstream 1 Down trea. Sampling
Is tte facility sampling performed as required the, permit (frequency, sampling type, and sampling locat;onp ■ n' n 0
Yes No
■ n
■ nnn
n ■nn
Yes No NA NE
Comment:
Operations & Maintenarxc
Is the plant ag
Does the face
g • ero med as requ+red by
p
lean with acceptable housekt.'epirtg°
han or eK u al to 6 0 degrees Celsius)?
rival'4e process control p'arcnrneterrs„ for ex. NILS
at er that are applicable?
Comment; The wastewater treatment facility was not being properly maintained.
Operational deficiencies continue to be observed in the grit removal system, aeration
basins, and tertiary filters as described in the following sections. The on -site staff are
commended on their continued efforts to operate this facility that includes a
comprehensive process control program.
nk.
la p ev en e)?
Bar Screens
Type of par screen
0.Mechanical
Are the bars adequately s reening debns?
is the screen free ref excess debris?
Is disposal of screening in con'pid"anr;e?.
Is the uniE ic. good condition?
Comment: Both bar screens were operational; however" the units appeared rusted
and deteriorated. Paper products were observed in the downstream treatment
units.' processes, The bar screen with the missing bars has been repaired
Grit Removal
Y, „S
a Manual
tde gt t v", ee of excessive organic matter
tie or=t tree of excessive odor?
Yes No NA NE
■ nnn
ble So' ds p, i, DO: Sludge • Gil n n
Yes No NA NE
0
■
n ■Inn
■ nnn
anfnn
n ■ n n
Yes No NA NE
■
n nn■
n nn■
Paae #

tdspecta
Perrrvit fJr-00:4 4_
art Gate: 1110412008
nsp
ner - F cihty - r p 4.re t. ATP
ion Type. f:cra:trr;sn,.a E'a P°cation
Grit Remov'
prasal of grit =rt compliance?
Comment: t The grit remove system and deep well pu
Aeration Basins
e of operation
rre
ion
�st
d s
stirs cpar'atignaln
Cs the DO le el acceptatlen
()per
na
ur She treatment r^ es
n
[e DO level aace ptabiV ft to
the bases s;
ps
not operaticnal.
Comment; The excessive vegetation and buildup of solids have not been removed
andtor addressed. The ORC and staff have also indicated that the aeration basins
cannot be isolated due to inoperable valves (cannot be closed)
Secondary Ciardier
Is the -la,- fier free of Pi a k and odorous A,'
is the ssfe free cf exress',e Pet up cf scfld a°^ ne°Ater e[l r lr4r far 1.
level'
Is ttre site free of welt blockap
Is the site free of evidence uf:ucd r rar
Es ssrE ernt:al adequate?
is ;!ra sa#e Eree of excessive f!G.=atartg sludge?
e draee u l
.dtaun
ds're re*urn rite a ceptable s°Icv tur ulec
is the cve f?Rb clear of exaesrue srlidsrptra f6
Is lh Sludge blanket l )°el ac eptadle? (Approximate > ' of thesrdebv PC depth)
Court rent Paper products were observed in the weirs of the final ular
petroleum sheens were observed in any of the clarifiers,
Pumps -RA -WAS
ire purnps rnrplace?
Yes Nca 'NA NE
D
Yes Nrr NA NE
Yes N
n n
NE
n
unnn
norm
Fri
Dl
o
fl
tol o i
D
Yes No NA NE
p
er

Inspec
Permit.
Date; 1tto4
Purvis-RAS-WAS
;repumps operaticral?
spare pares and s=Jpplies on sa°try''
Owner -
ny Greek WW1-
Inspec tlOn 'Type. ;,Umpha rc-e uition
Comment: The valves for the WAS pumps need to be replaced.
FiitratianJhiicgh Rate TeriaryJ
.dla present?
of growth')
perationa4-)
r.cepta °le?
F"ee cl' ^essr e sohds and filter - edi
Comment The tertiary filters continue to be in poor operating condition. The
backwash system is not operational due to inoperable backwash,/drain valves. The air
scour blowers are either not operational or in poor operational condition, The sand has
been removed from several filters and the filters that are still equipped with sand are in
poor operational condition.
Disinfecti0
Gas
Are cy`;i a used adequately?
Are plunders protected from cd'rect sunlight`%
l's there adequate r esentire srappt,, of dnfectant?
f chlcrine re
eptable?
Is, the contact chamber free of gro •th„ cr sludge ba
Is the=e chtonne re
5'tatcnary Sou
e
;attcm?
• Nc.. t -''Z 5Q-5i`'
If ues, thorn is there a Risk; h iar.agerr?ent Plan on site
then what is the EPA txs.^eive diuit ID Number%
tt Nes, then when was the Rh1P last updated?
Comment: The faci8i tyy staff could not locate a copy of the Risk.Management Plan
during the inspection -
De -chlorination
Type cif s tsteon
Is the feed ratio proporlocnal to chlorine araannf €t to 1}
Yes No NA NE
ar;nn
n nn■
Yes No NA NE
Cow ,n u'w
n a n n
n ® n n
to a n n
n ®nn
n ■nn
nn■n
Yes No NA NE
a n n
anrnn
annn
anon
e nnn
a n n n
■ nnn
■ nnn
1000-0012.3092
Yes No NA NE
LigutCt
n na0
Page if

Aerobic Digester
the ,capacity ,dams side
he rnoXkng ade u
site tree of ext
,e odor acceatabte 7
Effluent Pipe
NCO 4244 Owner - Facility:
Inspection Type: to
hlorinat°s
garage aPprcarriate for c; relders?
I Vie- ^,ic,r&has Cn sud,tauce. st red
Are the tat to the prra .ur skse and type?
Ice coot,
ek"vA, de
e 4u3Gt, r
Con went; The facrlltyr uses liquid sodium bisulfate stored kn an underground tank.
to ret da-chtcr{^aC rs cperat"renal?
Number of Cudes kn use,
Flow Measurer ent - Effluent
uv meter arsed'tcr reprr<rt mg?
meter calibrated annGuadye
ropeeaEE
are se raratedx^ cea khe chactarel ma 'he flow met
Yes Nut, NA NE
• n Io
Yes No NA NE
n 0l
• n n n
0.
1-1
l
Comment, The eftiuent flow meter is calibrated on a monthly basis and I
calibrated by l0l Instrur sentatiosn Services lnc on 10117/08
Yes hro NA NE
i ht of way to ttae uttfaI properly ra....aintasn:-:..de
he reKceeeng water fr
other RI
n urt;a:
fatffuser r ir,es are reqA.trredt a th y„ ccFer l ng drapeddad
Comment: ; The effluent appeared a brownish red "tea"' color ~with no foam, The
receiving stream did not appear to be negatively impacted at the liras of the inspection:
Yes No r A NE
nnan
n
Inn n
• ono
tarts?
as ast
r p rr the tank?
▪ n`l I0
▪ fl 0'
ankage available for pro arty a to sRtmdge"
vrs a ur air s Urepeu is lay izivv i vet iilr r c quasp t'u a ri€` is`aPx rw
per thickener). The sludge is then pumped into tart sludge holding tanks. No aerobic
digestion occurs at this facility. The abundant vegetation previously noted in one of
these holding tanks has not been removed The sludge is land applied by the City staff
under the authority of Permit No. WQ0002616.
• n f
ndby Power
Yes N
NA NE
page

imp
Permit NOCC
tioan Date
StandbyPower
utGn1
Inspection Type: Co tpiiaa ew u ' a91cn
Ily a t ted n. ht. power I NT&
to t `y' 4nt rr f ilrg primary pow r s urce
tested
atortsi h,e adequate gaga
erttarc r cy Aare
I tt generate r fuel level t
C mrnent: The facility is equipped with four standby power generators that have to be
manually activated, The generators are tested weekly and put under Toad on a quarterly
base. The generators can run all critical treatment processes; however. the generators
do not supply" power to the backwash pumps and lab building.
during the sis,tct€gin^
the entire ° tessatersae'?
Vert ran n bacStu
Yes No NA NEn
D D
o D n
Pp

I) 0 Box 190
Albemarle, NC, 280O -0190
of attietnatte
. ?ort° (Carolina
December 4, 2008
Mr. Robert B. Krebs
North Carolina Division of 'Water cralit°
North Carolina Dept. of Environment and Natural i .esources
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 281.15
Dear Mr.Krebs:
.Deparunierrt oofPuhhlic L�'li[irie�
Tel. [phone]t19
Fax 70.t- )8-1-9445
Subject: Notice of ation
Long Creek 1\ WTP
NPDES Permit Number: NC0024244
City of Albemarle, Stanly Count, NC
Tracking#: NOV-2007-PC-0798
This letter is in response to the NPDES Permit Number NC0024244 Notice of Violation
(NOV) dated Now°ember 20, 2008. The NOV references three areas of violation as listed:
1. Failure to monitor effluent silver.
2. Failure to maintainlretain adequate records.
d. Failure to properly maintain the wastewater treatment facility
Response to violation #,1: Failure to monitor effluent silver.
The failure: to Qnonitor the effluent silver° during April 08, May 08, June 08, and August 08 was
due to operator and laboratory technician failure to follow instructions for the proper monitoring of
effluent silver, Corrective action was taken by the Water and Sewer Plants Superintendent. to
insure that all operator and laboratory personnel understood the requirements for monitoring
effluent silver to include providing each operator and lab technician with a listing of all required
samples and when theses samples are due. All personnel were thoroughly counseled and given
t iaiitar ua tciiuii` it
ClL R ttu tGCY Let&
4444 ., 1.0

Resonsc to violation .#2: Failure to inaintainIretain adequate records.
The deficiencies listed under the records keeping section can primarily be attributed to Chain of
Custody oversight. The Wastewater Treatment Plant has been under much stress since July 2007
‘vhen we lost our former Water and Sewer Plants Superintendent, Gary Smith. Since that time
many changes 'have occurred to bring. order back to City of Albemarle's Plants Division. For
example we have had to make organizational changes within the Plants Division as well as bring
on -board a new Water and Sewer Plants Superintendent.
Mr, Hazelwood, Superintendent, came to the City of Albemarle in December 2007. He has
been working very diligently to bring order and direction to the Plants Division, He has been 'very
good at identifyina and correcting„ areas of deficiency with our records keeping. He has also
provide critical oversight as to how new Plants Division employees are trained in the handling
critical records.
Mr. 'Hazelwood discovered in June 2008 that Chain of Custody for influent and effluent was not
being accomplished properly. He immediately applied corrective action to institute a Chain of
Custody program. He trained all operators and lab personnel in the proper procedures for Chain of
Custody. .He insured that instructions were added to the operators' daily sheets as well as specific
instructions as to when field testing, is required.
The additional discrepancies noted with the record keeping were reviewed with the operators
.and laboratory personnel by the Plants Superintendent, Mr. Hazelwood. iflowever the Plant
operators were confused as to why they Were found to be deficient in maintaining maintenance
records on -site for a period of three years. They do have maintenance records that go as far back as
1.997 on -site. Regardless, the emphasis was placed on attention to detail by all operators and
laboratory personnel.
We are confident that significant improvements will be seen, in this area, at your next
inspection. In January 2009 the City will be hiring a new Chemist and this person will help us
significantly with all aspects of our records keeping.
Response to violation 43: Failure roerlmaintain the wastewater treatment facility.
In January 2007 the City of Albemarle engaged the services of TriTech Civil. Environmental,.
PC, Water and Wastewater Engineers of Asheboro, NC to complete a comprehensive "needs
assessment" of the Long Creek Waste Water Treatment Plant (1.,CWWTP). The needs assessment
showed that the City of Albemarle was faced with approximately $29„000,000 worth of
rehabilitation work for our LCWWTP facility. It was in the opinion of TriTech Civil
Environmental that this could be spread out over a twenty year period. This would mean a :yearly
investment to the City of approximately $1,450,000.

This investment would. be in addition to tine annuai 1.'82,000 LCWWTP facility budget
(which increases annually due to cost of materials, etc.) of which approximately $600,000 of this is
earmarked for operations and maintenance at the LCWWTP. The challenge to this entire situation
is that our community no longer has the revenue base that it once had due to the loss of the textile
industries. The City of Albemarle's industrial community has been reduced significantly over the
past ten years. This has certainly has to be taken into cnsideration.
The NOV referenced Bar Screens, Grit Removal, Aeration Basins, Filtration (High Rate
Tertiary) and Aerobic Digester as being in noncompliance with General Statute (GS.) 1 43-215.1.
In our response to your office dated. December. 3, 2007 (Reference: NOV-2007-PC-0765) we
identified "immediate action items: for repair or replacement beginning January 1 to June 30, 2008.
They were as follows:
Bar Screen Repairs.
Aerator prop replacement.
Repair generator switch gear.
Install aerator equipment in sludge thickeners,
Impellor replacements.
Scrap removal and general clean-up.
Scraping and painting of equipment.
Relocate generator at old Plant.
Removal of vegetation from aeration basin.
Repairs gutters on storage building.
Requested help from NCDENR'1'echnical Assistan
To date we have accomplished all of the above items except for the removal of vegetatioi
the aeration basins, the relocation of the generator and repairs to gutters on storage building.
Additionally, we have also accomplished the following:
Put in service a new effluent sampler.
Cleaned out two filters.
Replaced two large lift screws at the "A" Lift Station,
Replaced 5 lift screw bearing covers,
Repaired sweep on # 1 Clarifier.
Replaced motors on 3 aerators.
Repaired sludge hauling truck.
Purchased addition tank trailer to haul sludge.
Repaired sub grade and paved access road.
Installed new hoist equipment in Chlorine Building.
Installed new roof on Plant operation building.
©n'

'The extremely high costs associated with the replacement and/or repair of Bar Screens, Grit
Removal, Aeration Basins upgrades, Filtration (High Rate Tertiary) and Aerobic Digester has
required that we search for funding to assist us in the dealing with these issues. In July 2008 the
City of Albemarle hired Municipal Engineering Services Company of Garner, NC to act on our
behalf and prepare 'applications for grant monies from the North Carolina Rural„Economic
Development Center (Rural Center). The City of Albemarle has applied for a Supplemental Grant
in the amount of $1,000,000. Our application was submitted on time and was accepted for
consideration. The NC Rural Center will make notification of the awards on December 17, 2008.
We will also be applying to the Clean Water Partners' Infrastructure Program for $1,000,000.
Applications are due in January 2009. Notwithstanding, ixe will be applying to the Clean Water
Management Trust Fund for $3,000,000 by February 15, 2009.
The purpose of this information is to show that the City realizes the importance of making the
repairs and upgrades to the aforementioned items. ''fhe tasks take large amounts of capital to
accomplish. We hope that we are successful with obtaining our requested grant from the NC Rural
Center. It is our intent, if successful; that We will enter into the first phase of construction.
contract(s) in February 2009. If we are not successful in obtaining the NC Rural Center Grant we
will downsize our project to do what we can with the monies that we have available though we will
still proceed with the subsequent grant applications.
The City of Albemarle is very cognizant of the fragile balance that exists between the operation
of our internal infrastructure and the environment. We have been very active over the last fifteen
years to enhance the environmental aspects of out community. We have made great strides in this
area. Enhancement of water quality issues is always foremost in any of the projects that we do.
Albemarle takes the environment very seriously and understands the critical balance in meeting our
citizen needs with that of protecting our natural resources.
We are asking that you give us time to affect changes at the LCWWTP facility. In the past year
we have made great progress toward reaching the goals that we have set. Our responsibilities in.
this matter are something we take very seriously. Tile guidance you're your office has provided us
over the past year has been helpful and effective. We will make every effort to make the
improvements in order to comply with the specifications stated in the .NPDES Permit No.
NC0024244.
Please let us know ifyou have any questions or additional requirements.
Sincerely,
Ernest s, ,„ CET„ASC''"
Director of Public Utilities
Attachments
CC: Raymond I. Allen, City Manager
Phillip Hazelwood, Water and Sewer Plants Superintendent
file

Micha.e.0 F.'Easley, Governor
�ri1li an G Ross Jr., 'Secretary
North Carolina Department of Environment an Natural Resources
C:c lecn lJ Sullins- Director
7ae�ssion or"'\,'vr.arer Qt,tality
y November ,2,0` 2008
CERTIFIED MA
RFTI R RECEIPT REQI_:ES�ITCI
7007 1490 0004 4509 6499
Mr. Raymond Alien C
f Albenia
si Office Box 190
rlbernarle, North Carolina 28002
iotiee of Violation
Compliance Evaluation Inspection
Albemarle Long Creek WWII'
NPDLS Permit No. NC0024244
Staidly County, N.C.
Tracking 4: NOV-2008-PC-0798
Dear Mr. Allen:
Enclosed is a copy of the Compliance Evaluation Inspection Report. for the inspection
conducted at the subject facility on November 4, 2008 by Mr. Wes Bell of this Office. Please
advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the
enclosed report.
This report is g issued as a Notice of Violation (NOV) due to the City's failures to:
monitor effluent silver, niaintain`retain adequate records, and properly maintain. the wastewater
treatment facility. The failures are violations of the subject IN 1 DES Permit and North Carolina
General Statute ("G.S.) 143-215.1., as detailed in the Record ,Keeping/Summary, Bar Screens,
Grit Removal, Aeration Basins, Filtration (:high Rate Tertiary), and Aerobic Digester
sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per Violation, per day, may be assessed against any
person who violates or fails to act in accordance ' it.h the terms, conditions, or requirements of
13'
1 215 .
T
any tJG.lflr.ir k.^-tt'w-LA..V'uLJ#Gylw, t'bt v..s. . -r 1.., a.�.
North Carol i n:a
Nat4rally
Mooresville Regbonal Office
in4erae-t_ wsvw.naAvate alitv.oro
East
.n Eaual OuKrtunit';!Arrro-ati*re Arti-[orr'Empl
663- i 699
"L4.663.6040
lea.10% Pcsl Consumer Paper
Customer Service
1-877-623-t 74.8

ovembe
Page Two
guested that a written response be submitted tc this Offic by December
addressing the above -noted ivi Iain the attached report. lae report should be self-
explanatory. Should iou have i uesti ns concerning this report, please Flu not hesitate to cont.-
Mr. Bell at C} ;l 663-1t . Your nr response se old also include an updated time
the ity's actions to address the numerous maintenance issues at this facility.
i lati an s, please address your coniments to the attention n. of Mrs. Marcia is Al
lead address,
CC:
At Borders
laxCounty
°ref
lipe that details
respo din- t
race at tl e
Rabe •t B. Krebs
Surface. Water Protectirarl Region tiperi

CERTIFIED i_r1E
RETURN. RECEIPT REQUES' D
7007 0710 0005 2882 1745
Mr, Raymond :Alert, City Manager
City of Albemarle
Post Office Box 190
Albemarle, North. Carolina 28002
Dear Mr. Allen:
Enclosed is a copy o
conducted at the subject
advise the facility's Ope
enclosed report.
,chae.l
William u. lic;ss lie, See-
�r:n=en[ a a tiatural {2e_.
Culeen R. Sullins;. E
Division of IIVater
07
Notice of Violation
Compliance Eva. ion It spec.tictn
Albemarle Long Creek 1 \VTP
NPDES Pere it No. NC0024244
Stanly County, N.C.
Tracking :: NOV-2007-PC-0765
Hance Evaluation Inspection Report for the inspection
her 30, 2007 by Mr. Wes Bell of this Office. Please
in -Responsible Change of our findings by forwarding a copy of the
This report is being issued as a Notice of(NOV) due to the City's failure to
properly maintain the wastewater treatment facility Which is a violation of the subject NPDES
Permit and North Carolina General Statute (G.S.) 143-2 15.1, as detailed in the Bar Screens,
Grit Removal, Flow Measurementlinf cent, Aeration Basins, ,Secontlary Clarifier,
Filtration (High Rate Tertiary), and Aerobic Digester sections of the attached report.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars
c(S25,000,001 per violation, per days, may be assessed against any person v,iho violates or fails to
act in accordance with the terms, conditions, or requirements of any permit issued pursuant to
G.S. 143-215.1.
1t is re.c1uested that a written response be submitted to this Office by
addressing the above -noted violations in the attached report. In responding to
please address your comments to the attention of Mrs. Marc. Allocco.
44,74
NCDENR
:".1cinres«ille. Re ion36 Office l)ivi3u n 'f Warier Quidfity
Internet: vtww.nC1kiiiieroontity oft: t t5t e 't r,A.ve, Suite 30
Phone [phone]
Fax 704-663-t 40
NOnc
OrtnCarOlor..
A'at ira lb'
An Equal Opp©rtunitflA[firrr'a,tve Galion. Em.ploer — 5t0 Pecyclerl11Ct Post Consumer Paper

l ..aynrt gad e.
November 1
Page Two
007
ested tou e rota t to schedule a i aeetlr g to discuss the (it 's plans to
addres the numerous maitrte.nance dLliclencies zr ted in this report. The report should be self.
ex 1aiat ry however, shout you have questioi this report, please do not hesitate to
contact N. . I1< .� S r. Bell, car rr at [phone].
Ernest Borders, City of Alhe
Starlit,. Count,. Idealth learns erxt
Rdrt B. Krebs
Surfa ce \\'stetProtectn Re it nal ` x er i

EA
TransactIon Code
2 1 51
11
Inspection WorkDax
1
6.7
ter
4rffi.el Sl'et.es Envircnmenta,
Washillgton, D.0 2C460
mplian
gency
n Report
Section 1 National Data System Coding (i.e„ PCS)
NPDES
NC20242,11
. „
11 121
ILL
yrimo,t'ay
07(hh: '20
Remarks
17
Facility Self -Monitoring Evaluation Rating
701 i 711 zi.! 72
Sect on B: Facility. Data
QA
Name and Locaton .of F acihty Inspected (For lndustfial Users discharging to PDT,,N, also ft(.'lude
POPA" name and NPDES permt Num:Der)
Long Creek WWTP
1040 Coble Ave Extension
Albemarle NC 2802.2
Form Approved.
crAB No. 2040-0057
Approvat expires 8-31-98
Inspection Type Inspecfc4 Fa° Type
18 201 1
I -
74 75
(,ntry. Time/Date Pennit Effective Date
42 1-.121 0'7/10/30
07/02/01
ExIt TimeiDate
01:55 PM 07/10/30
Permit Expiration Date
09/02/28
Name(s) of Onsite Representative(s)/Titles(5).1Phone and Fax Number(s)
114m6,2, Brian Regers/2704-964-9630/
Name, Address of Responsible Official/Title/Phone and Fax Number
Ryslond I Al1en,P0 1820 Albemarle NC 28002/City
lanaer/704-984-9405/7048848406
Contacted
No
OlOer Facility Data
t-2002 0 Areas Eva uaed. Dunecto (Check.
.n
Self -Monitor ng Program
ffiuentiReceiving Waters
e areas ea
Flow Measurement
Sludge Handling Disposal , Facikty Site Review
boratohy
Operations & Mantenance
R .corcisfReports
II Compliance Schedules
ion D— unary of FtndnoComrients (Att' -) adf.iWoha sheets of narratle arrd ch
(See attachment summary)
Name(s) and Signatures) of Ir,specfor(s)
We,,sley Bell
Signature of;ttlanagement a A ReOewer..
I
Aleacce
s nehes•sar
Agency/OfficeiPhone and Fax Numbers Dale
220 0,2i//104-863-1699 Err'-../
Agency/Office/Phofle and Fa.x Numbers
020 WQ/ -235-2204.
EPA, Form 3560-.3 (Rev 9-942 Previous editions ar2. obsdele
Date
Page #

NPDES yrirnofd Inspection Type
121
RECORD KEEPING SECTION cont'd:
DMRs we.re reviewed for the period October 06 through July 07, No limit
following discrepancies were found during the DMR data review;
- no effluent ammonia was reported on 11/30/06'
- the same times were listed for the two downstream sampling locations. (SR 1960 SR 1967) an 11i1;06.
- no sample time was listed for the upstream color and pH results on 12/27/06.
- the same upstream and downstream times were reported for the color values on 6a'16/07.
- the June 07 DMR was not signed by the ORC.
- no effluent fecal coliform was reported on 6/1107.
- no influent total suspended residue was reported on 6/14/07*.
- no effluent chronic toxicity value was reported for June 07.
- the 10-day interval between the collection of the 2/m effluent color samples was not adhered in the
June 07 DMR.
- the compliance status was not checked for June 07,
- no ORC and/or Backup ORC was listed for July 07.
the 7/3/07 effluent fecal coliform value was qualified due to the analysis being run outside of the
required holding time_
- the July 07 DMR was not signed by the Permittee.
- the July 07 DMR was not legible and very difficult to review.
Note: * denotes the analyses were performed and an amended DMR will be resubmitted
The inspection revealed that the instream sampling times (noted above) were properly documented on
the facility's chain -of -custody (COO) forms; however, these times were not properly transcribed onto the
DMRs. The ORC and staff must ensure all data is properly transcribed onto the DMRs prior to submittal.
The facility's monthly average removal efficiencies (BOD and TSR) should be calculated and reported on
future DMRs. The documentation that was available for review during the inspection (including the
maintenance activities; process control data, COCs, laboratory analyses, etc.) was organized and well
maintained.
e reported The
Page # 2

Permit; NC0024244
Date. ICV3C
O' net - Facility; Long Cr' t\ V P
Inspection Type; Gcmpliir� e Evs4ua
Permit
(ff the present permit expires in 3 months or less) H ,s the permittee submitted a new a
ls he `aoility as described 15'the permit?
Are there any special conditions for the permit
Is access to the plant sit
dtcthe ge=
the 6nspe ";iCr granted access to all areas r r i.nspec1 Cn?
Comment: The permit's facility description 'includes primary clar;fiers, trickling fi@ters.,
aerobic digesters, and instrumented effluent flow measurement; however, the facility
has ceased using these treatment units/devices,
Compliance Schedules
hs there a compliance schedule for this fa:ilia,
Is the faf ;,its° compliant vvith the permit and con, :; 7 s f` ¢the review perl_c: }
Comment: The facility was required to comply with an effluent TRC limit
111/O7, The facility has complied with this effluent TRC lirnit"
Record Keep_in9
Are records kept and mairrRaii ed as required dy the permit?
is all required information rea
Are all records maintained for 3 (lab. reg reruired 5
Are arafytical resu
nd current?
'tent with data reported :on DN1Rs?
is the chi^n-of-custody complete?
Date
and location of sarpling
ugll) by
Name of individual performing the sampling
Results cf analysis and calibration
Gates cif anal' Fis
Name of person performlrg ar"taiyses
Traxnsp:orted CO1
Are DMRs complete: do they inolude all permitparameters?
Has the facility submitted its annual compliance report to users and DWG
tlf the facility is = or > 5 V D permitted fio vtl Do they operate 2,4,7 w°t.h a certified operator on each shift?
Is the DRC visitation t cg available and current'?
Is the CRC certified at C;rade equal to or higherthan t^e " 3Cillt} cl i` c t+ rE
Is the backup operator cerrfie grade less or greater than the facility. class& n?
Yes No NA NE
n n■n
■ nnn
n ■ n
■ n n n
■ nnn
Yes No NA NE
minn
■' n n
Yes No NA NE
■ nnn
n orm
n nn.
. nnn
■ nnn
■
■
.
■nnn
r «
• n n 0
n■nn
. nnn
Page #

P rrnit: Pd^`r s1 4
Inspection Date: t p
Record Keeping
is a copy of the current. ES per Wallet ?.Le on site?
Facility had, cop;= of pret,rioLds year's Annual Report on file for re�,uehf
Owner - Facility: Loris t.tr,',ek woo-rh
Inspection Type: rrp,i3G
Comment The current ORC (Grade Ill) is serving as the ORC following the CRC
vacancy as of 7f1/07, The City has 120 days to fill the ORC position with an
appropriately certified operator (Gracie IV) The permittee must ensure ail records are
accessible and maintained as required by the permit. See "Summary" Section for
additional comments,
oratory
d parameters perfcrrne
2_y c
ei or laboratory,a
parameters=,,e oiudvng field parameters) performed by a certified !ah7
4 is the fa ci ity using a =,.cir;r,„sc
IS proper tank ero'w,re ter ?ur ample s::=rage (
incubator (Fei n, Co#i n-, ) se to 44 5 degrees Ce
nc ,bat r BCD) set to 20.E ees Celsius +r'- 1.0 degrees?
4 degrees Ce#sms.):
Caront. Influent and effluent analyses are performed under We City of Albemarle's
laboratory certification (#59). Pace Analytical Services, Inc, (Certification #12) and
Tritest (Certification #103) have also been contracted to provide analytical support,
Please refer to Mr. Chet Whiting's (Division's Laboratory Certification Unit) report
regarding the facility's on -site laboratory practices
Influent Sampling
Is composite sampling i,roo, pr;wpor4ior,al?
Is sample collected above side streams?
is proper volume collected?
Is the tubing clean?
per ternper,:re set for sample SICrage %'K
15 sampl",n performed ac..Q;'(drr.,g to the permit`'
4.4 :degrees Ce'siusp
Comment: The influent composite samples are collected by the on -site operators once
every two hours. The amount of sample poured into the sample container is
proportionately based on the measured flow.
Effluent San'Iplinj
Is corn
piing tip,. t,rcportrcnak�
Is sample collected belt'•° all treatment units',"
is proper volume colie 'ted?
the'tdbng clean?
Ye No NA NE
n one
nnn■
Yes No NA NE
Rnnn
o nnn
■ nnn
■ nnn
n 0 n
nnn■
Yes No NA NE
■ n n n
En o 0
■ nnn
no■n
■ nnn
■ n n n
No NA NE
Ninon
■ nnn
■ nnn
n nEn
Page # 4

Permit: rdf;l; '"2,
Owner • Facility: Long ",r ek. "A'f i`'
Efftt
pection Date 1 .<_. ,. 0,$' Ins pec Coomp4ance F a=r a ,
nt Sarnplitlg
5 proper temperature set for s3;?lo e storage ir"` („ w.? {�, 4,4 degrees Cels(u`"
Is fhe f a (PitEf ramplIng performed as required y the p rn"'dt frequen" v s" 'T'pllr v type representative)?
Comment: Floe proportioned effluent composite samples are collected by the same
method as the influent coMpcsite samples. The facility staff were not collecting the
effluent chronic toxicity samples on the months designates by the permit. The facility
staff should also review the proper sampling procedures for the on -site collection of the
Imp, ,ever effluent mercury samples,
Upstream / Downstream Sarnpling
Is the faciii'a sampling performed as requi
sa p?ing type and sam,P,
C,ornment The Instream pH measurements were being analyzed outside the
15-minute holding time requirement. AIR pH samples shall be collected and analyzed
within 15-minutes.
Operations & Maintenance
plant Generally dean ,, h a< c-eptable ho;,.4,.
Does the facility anatyae process control Para fern. for ex. ML SS, MC T„ Sctfheable p
Judge, and other that ar& appii=cable?
Comment: The wastewater treatment facility was not being properly maintained. The
inspection revealed numerous maintenance concerns (See Following Sections) The
on -site staff are commended on their efforts to operate this facility that includes a
comprehensive process control program.
Bar Screen
"Pipe of bar screen
a.blanaai
b_Mechanical
Are the bars ade quatery screening debris°?
Is the screen free of excessive de:56s?
reeving En co rp3iarree?
Is the unit in good condri:n?
Comment, The 'facility- has two mechanical bar 1 cells. Two o bars wer
one of the bar screens. Paper products, etc. were observed in the down
treatment units.
Grit Removal
Type of grit removal
a.Manr.'al
b_Medhaanical
:ream
Yes No NA NE
annn
n n n
Yes No NA NE
?�nnn
Y
NA NE
NA NE
Page 4

Permit: NO00242-44.
Owner - Facility Long Creek VANTP
Inspection Date: -10/30F200.7 tnspec,tion Type: CCYTIpiiance Evaluation
Grit Removal Yes Na NA NE
•,
is the grit free of
iv. organic matter?
Is the gni. free of excessive. odor?
ls disposal olgrit in compliance?
Comment: The facility has two grit chamber assemblies: however, the entire grit
removal system was not operational. One cif the chain assemblies and the. three
downstream pumps located in the deep well were not operational, In addition, the
operational status of the second chain assembly was also questionable:
n nion
n nsin
n nain
Pump Station - Influent _
Yes. No NA NE
is the pump wet well free of bypasS lines or structaes?
Is the wel \rvell free of excessHv'e grease?
Are all purns present?
Are all pumps operabe")
Are float controls operab;e2
Is SCADA telemetry availabAe and operational?
Is audibIe and visual alarm aV9Iable and operational
Comment: The facility utiizes two screw pump lift stations to pump the influent to the
aeration basins. Neither of the two Lift stations is equipped with alarm systems
(audibleilvisual or telemetry) and are manually activated based on the flow levels.
Flow Measurernent - Influent
# Is flow me:ter used for repolltic,":?
Is flow meter ca brated - Ily?
Is the flow meter operatforlal?
It units are separated) Does the, chart recorder match the flow meter?
Comment: The influent flow meter (OMR reporting) was not measuring flows at the
correct location. The flow meter was measuring a sidestream (supematel from the
gravity sludge thickeners„ The bubbler tubing exposed to the ambient temperatures
appeared severely deteriorated and needs to be replaced within the near future. The
flow meter is calibrated on a monthly basis and was last calibrated on 10/20/07„
Aeration Basins
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surace aerators and mixers operationar
n n 1-1
n niin
linnn
nnon
n oon
n nmn
Yes No NA NE
• n 1-1 n
Ennn
• 000
n nEn
Yes No NA NE.
Ext. Air
Srfa ce
annn
annn
Page #

Perrrrit: N'? 0:r4'244
insper';tx ata gate: 10i307200
Owner > Facility: Long cree.V i P
inspection Type; Cumoiirrttece E. aluaiiur!
Aerati 'in Basins
Are the disfusers operational'`
Is the foam the proper dolor for the treatment process?
Does the Foam cope
Is the DC level acce
Is the, 1e ei a woe
n 7 '21n of the hash's, Surf
0 mg,r!)
Comment: The faulzes four aeration basins (4 MGD each . Large
accumulations of vegetation were observed in all aeration basins. in additlol , sludge
levels up to 6 ft, have been measured in aeration basin #1.
Secondary Clarifier
Is the clarifier free of black and odorous
Is the site free cF execs-,e
is the. site free of weir bloc
Is the site free of evidence of short-circuiting?
I's scum removal adequate?
is the site free of e,xces's;ve f'cating sludgy')
Is the drive unit cperatr anal
Is the return rate acceptable (low turhuienc.eP
Is the overflow clear of excessive sclidsfpin flag
Is the sludge blanket level acceptable? (Approximately b'n of the sidewall depth)
Comment: The facility utilizes four secondary clarifiers. Large oil sheens were
observed in the secondary clarifiers. Leakages were also observed between the weir
plate and concrete structure; however, r,o short-circuiting was observed.,
Pumps-RAS-WAS
Are pumps in place?
Are pumps operatonal?
Are there adequate spare parts and supplies en site?
Flit r rtaonAlticdh Rate Tertiary
Type, of operation
Is' the filter media present?
Yes
NA NE
nnan
,nnnn
.nnn
. n n
. nnn
Yes No NA NE
. 0nn
nn■n
■ n n ❑
. nnn
. nnn
■ nnn
. nnn
. nnn
■ nnn
. nnn
. nnn
YeNA NE
▪ Cl_ n 0
. nnn
nnn■
Yes No NA, NE
Down flow
n ■ n n
Page # 7

Porn'Pt: NO0024244
Inspection Date: 101012007
Owner - Leng Creek VONIP
inspection Type: Cornorappe seatuabon
Filtration (High Rate Tertia
Is the fitter surface free of clogging?
Is the fiiter free of growth?
Is the air scour operalional?
is the scouring acceptable?
ts the clear well rree of excessive solids ang fitter media?
Comment: The facility utilizes eight tertiary filters: Filters #1 and #2 were off-line due
defective drain valve. No filter media was observed in filter #4 and one of the air
scour diffusers was missing, The air scour blower #6 was not operational and the air
scour bidwers #7 and #8 were in poor condition (drums rotted duty In addition, the
ORC had concerns with the operation of the drain valve for filters #7 and #8.
Disinfection -Gas
Are cylinders secured adequately?
Are cylinders protected from direct sunlight?
I's there adequate reservie supply of disinfectant?
la the level of chlorine residual acceptable?
Is the contact chamber free of growith, or sludge buildup?
Is there chlorine resigns! brier to ge-chlorination?
Does the Stationargr Source have more than 2500 lbs of Chlorine (CAS No, 7782-50-5)7
lt yes, then is there a Risk Management Plan on site?
If yes, then what is the EPA twelve digit ID Number? (1000-__
If yes, then when was the RMP last updated?
Comment:
De -chlorination
Trtdie of system
le the feed tato proportional to chlorine amount to MI?
Is storage appropriate for cylinders?
# Is de-chilorination substance stored away from chlonne containers?
ATe Vile tablets ILOO1PrOOPOOlOr type?
Yes No NA NE
n n n
n
-in
n nn
11
Nes E No NA N
re
Comment: The facility utilizes liquid sodium bisulfite stored in an undergroc,ind tank,
Are table! detchlormatoes operational?
Number of tubes In use?
n
n n
1111
000
000
nnn
n n
n n
1000-0012-3092
044/1912005
Yes No NA NE
nnun
00m0
n n n
Page #

nspec.
er - Facility; Lor:g s' ek »"aaar
on Type Compharice Evauation
te-chlorina 'o
Comment:
tuent Pip
if effluent
the # lJt`aIa properly maintain' «d",
water free k f'ec3rr other than trace 'amounts and other decrQs?
sr p€4ah3s are requ;red,) are they operaoJnta
Comment: The effluent appeared slightly turbid with trace suspended solids and
foam. The foam was att Muted to entrained air and the foam dissipated less than 400
yards downstream:
Solids Handling Equipr"rtent
Is the equipment operaticL ai?
Is the chemical' feed
Is .storacie adequate?
uate?
Is the ss e iref of high Ie 'ed
15. th
fJlter presses or vacuum
dge buildup cn belts andlcr rollers of filter press?
fs the site free of excessive moistur
belt filter press sludge cake'?
The 'facility has an approved' srTMJdge management p="an :
Comment: The facility has a centrifuge and batch feed sludge dryer. The ut its were.
not being operated at the time of the inspection.
Aerobic Rester
Is the capacity adequate'?
Is the mixing adequate?
Is the site free of excessi°e Fcan .rg in tie tangy?
# Is the cdor acceptable?
# Is tankage ravat abIe f: r properly ^.rife sludge?
Comment: The facility uses two gravity sludge thickeners and four holding tanks, No
aerobic digestion occurs at this facility: The entire surface of one of the sludge holding
tanks was nearly covered with trees,, bushes, and other 'various types of thick. vegetation.
tndby Power
Is automatically activated activated !starrdby power ar.°ailab=fe?
Is the peneratcr tested
ing pnmary power source,
Is the generator tested under load?
Was generator tested & operanticnab during
NA NE
NA NE
Yes No NA NE
• nnn
• n n
▪ n n n
n nn■
nn•n
n n • n
• n n n
Yes No NA NE
nn•n
nn•n
nn•n
n n•n
▪ n n n
Yes No NA NE
•nnn
• nnn
n nn■
Page #

Pernwt: NCOC24244.
inspection Date: 10O0`20O7
Owner Long. Creek OWAOP
inspection Tyt)e: uompoonce Evatuation
Standby F:town!
o the generated's) have adequate capacity tdefate the entire wastessater site?
is there an emergency agreement with a fin& vendor for extended run cn backise power?
is the generator feet level monitored'?
Comment: The facility is equipped with four on -site generators that are tested under
load ori a monthly basis at a Minimum) The generators have to be manually activated
during a power outage
Yes No NA NE
n n n
n n n
n
Pacts 0 1

P 0 :Box 190
Alben ule., NC 2,
llr. Robert 13. Krebs
North Carolina Division of Water Quality
North Carolina Dept. of Environment and Natural Resources
Mooresville Regional Office
0 East Center Avenue. Su to 01
NC 28115
Dear Nlr. Krebs:
4 2007
NC DENR MR0
D Q-Surface Wafer Pro don
Subject: Notice of Violatit ns
Long Creek. WWTP
NPDES Permit. Number: NC00242=14
Stormwater Pernli.t No,: NCG110050
City of Albemarle, Stanly County. NC
Tracking9: NC)V 2007-PC-0765
'l rackingr: NOV-2007-PC-0 52
This letter is in response to the Stormwater Permit. Notice of `iolation dated November
2007 and the' TDES Permit Notice of Violation dated November 15, 2007.
NPEPermit Notice of Violation Tracking#: NOV-2007-PC-0765
Beg_inx�in�
aggressive collection system water inflow and infiltration. (1
e pressure on the Long Creek. Waste Water Treatment Plan
we spent over S1 50.000 dollars on reworking manholes and repairi
iri uie 1' 2007/200 budget, oTh
we have seen some improvennent in the a ea of l 1. Additionally, •
006 the City of Albemarle Public Utiliti
2008 budget $400,000 for the construction of a new sal
replace an existing unit that is 25 °ears old,
Department began a
repair program to
'WWTP). in 2006,
:tnitary sewer line,
d t4.UC4L.,
'e budgeted in the FY
rti' sewer lift stalk n to

fliese programmed investments cut down the infiltrati n itrtc tl e c-llection system. From.
e gained a better understandin<g. of what kinds of flows eve were ac.ttlally dealing Nvitl
LCWWTP. Since the start of our sanitary sewer rehabilitation pro; earn «e. have
some 7Ct00 feet of severely deteriorated collection lines for an investment close to
000 since our program stated..
In January
Ervirorr�nlenta
coinprehensiv;
the City of Albemarle enaged the se e- of 'friFl"ech Civil
`titer and 'Wastewater I°,ngineers of <F\slaebor NC to complete. a
eeds assessment" of the Long Creek Waste Water Treatment Plant.
'P). "1"his was an inr°estm.ent to the City of alvroxirnately S20,000. f_`he principle
involved. with this report. were Mr. Philip M. Brower, P F., NC License Number
09781 Taffy W. Pearce; P.1=:., NC Li Nrunber 1.0439. It w'as upon completion.
of this report that. we realized the severity of needs that the Cite was faced with at the
LCWWTP facility'.
The. needs as.
S29,000,000 wor
ofTriTech Civil Env
This would mean a.
irry-e.strnent: would be
increases annul"
earmarked for opera
is that our community no longer has the revenue base that it once had due to the
textile industries. The City of Albemarle''s industrial community has been
nifiearnt:ly over the past ten years. This has certainly has to be taken into
consideration. These -were sources that we depended upon for revenue to maintain our
facilities, such as the LCWWTP.
in
ed that the C'it r° of Albemarle vas faced with approxixnate.la
iabilitation work for our LCWWTP facility, It was in the opinion
mental that this could be spread out over a twenty year period.
vestment to the City of approximately S 1.450,000„ This
ddition to the annual $1.282.000 L.C\\`W1 P facility hudg,
cost of materials, etc.;) of which approximately $600,000 of tl
and maintenance at the LCWWTP. The challenge to this entire
In the past ten years the City of Albemarle Public Utilities has seen many changes and
challenges. In 1997 the City experienced the largest flood event in its history el"his record
setting flood caused millions of dollars in damage to our community. The single most
signitic:arrt impact from the flood occurred to our infrastructure which was at the LCWWTP
facility, The datrra e sustaine l from the flood was in excess of: S1,000,000. This flood
event was responsible for the arccelerat.ed deterioration in our waste water treatment plant
and we still dealing vvitlr the residual effects of this flood, to this day.
Another significant situatic.
of Mr: Garr` Sntith our Water a
to sad' the least. The loss oI Leary
'this created a void in our operati
Smith was very much concerned v
facility-. His strong background in c
Ebert directly affected our LCWWTP facility was the loss
-er Plants Superintendent. His death created turmoil
rna-v rears o1 instiiuu maa11 ltlttt\vicu c tvtui i.i.iadt..
are just now sta.rti
ear and tear that had occurred at t
allowed for an effieient.lr run la
m. Mr,
L,CW \V
:air`'
P

facility with a close oversight on facility maintenance. With Mr. Smith's loss we had to
reorganize our Plants Division structure. The Public Utilities Department appointed Chief
Operators for both of the water treatment plants and the LCWWIP facility. New Operators
in Responsible Charge (ORC) were designated at each of the plants. The Chief Operator
and ORC for the 'LCWWTP facility is Mr. James Brian Rogers. 1.1is background is in
maintenance of the .LCWWTP, He has been involved with his new position for
approximately three months. On December 4, 2007 our new Water and Sewer Plants
Superintendent will be coming to work with the City of .Albemarle, His narne k Mr. Phillip
.Hazehvood. He comes to us from the City of Gastonia. Mr. Hazelwood has a strong
background in laboratory functions as Well as waste water plant operations. Mr.
Hazelwood's immediate priority will he the LCWWTP
During our meeting ofNovember 29, 2007 we discussed a number of significant items
at the LCWWTP facility that your office identified during an inspection conducted on
October 30, 2007. Some of the items reviewed were as follows: Grit removal process in
the head -works of the plant, aeration basin solids removal, sludge digesters, tertiary filters,
clarifiers, land application and laboratory operations. With this information and input from
the LCWV,TIT facility Chief Operator and "immediate action" list was compiled.
We have identified irnmcdate
tar), 1 to June 30, 2008.
lon" items fr repairreplacement beginning
Bar Screen Repairs.
Aerator prop replacement.
Repair generator switch gear.
Install aerator equipment in sludge thickeners.
Impellor replacements.
Scrap removal and general clean-up.
Scraping and painting of equipment.
Relocate generator at old Plant.
Removal of vegetation from aeration hasin
Repairs gutters on storage building.
Requested help from NCDENR Technical Assistance.
We have also identified capital expenditures fbr critical operations over the next five
ears to address the major process equipment repair and rehabilitation identified in the
October 30. 2007 inspection. This would begin with the 2008-2009 fiscal year budget.
FY 2008-2009 Approximate costs - S 650,000
Tertiary Filter RehabilitationY
Anaerobic Digester Cleaning
3

FY 2009-2010
o dmate costs - $ 7 00,000
Clarifier Rehabilitation
.ation Basin Cleaning
e-Aerators and Mixers
FY 201 0-2011.
Approximate costs $ 720,000
1 - Clarifier Rehabilitation
Aeration Basin Cleaning
Replace 3-Aerators and Mixers
FY 2 O 11-
Approximate costs - + 5; ,000
Traveling Bridge Units
Replace Air Scouring Equipment
Replace Blowers
012- 013
ge Building
costs - .S 650,000
forementioned list i not all in lusive because. in addition to what has been listed
the City , }ill be adding and upgrading computer equipment also. The computer equipment
upgrades will be conrpletecl l Decem er 30; 2007. Tlie fire car plan of investment will
do two things. First is it will address the major issues identified in your October 30, 200 i
inspection with a short-te,stnient of approximately 3,5 i 5,000 and second it w:w ill
compliment our commitment to our long term rehabilitation plans for the LCWWTP
facility. We have the support lrotr our Cite° elected leaders and feel confident that we can
accomplish these tasks.
The City o' lbemarle is very cognizant of the fragile l al race that en i is bet --
operation of our inter°teal infrastructure and the environment. The City leas been verb'
over the last fifteen years to enhance the environmental aspects of ou community.
have made great strides in this area. We believe we \vere the first community in the State of
North Carolina to restore a lake. This major project involved the EPA as well as the NC
DER and the US Corps of Engineers. We restored a lake that had been severely impaired
due to upstream farming practices over a period of decades and created one of the fittest
public parks and recreation areas in this area. Enhancement of water quality issues is
always foremost in any of the projects that we do. The City is currently involved with
major enhancements to its waterways. Grants have been applied for and our vision is to see

our IT or yyattryya r°crrtoved from the 303d 1istin aalditionlly yve are- •very active in
establishing, our first grecnway.. The point of this is to emphasiie that the City of
Albetnarle takes the environrnent very seriously and understands the ct°itical balance its
meeting our citizen needs with that of protecting; our natural resources.
We are asking, that you
to affect changes at the LCWW ,CP fac
responsibilities in this matter are something \Ye take v*ery seriously. The issues that must be
addressed are not easy fixes and take large amounts of capital. We will make every effort
to make the improvements in order to comply with the specifications stated in the NPDE=S
Permit No, NC0024244.
Stormwater Permit I'vt ice of Violation
#r l 0V-20O" -PC-0 S2
The Stornyvatter Pt lltrticara Prey°entiora. Plan and Qualitative Monitoring plan and reports,
fr the LCWWTP facility, hay°c. rtrrt been located, After investigating the issue further ith
.plant personnel, it was discovered that Mr. Smith was working on this prior to his death, It
is not known whether he had compiled anything into a formal plan. Nothing can be found
he records pertaining to this, Therefore my office has contacted an engineering turn to
with drafting a •neyv Stormwater Pollution Prcv°ention Plan,
We thoroughly understand our roles and responsibilities and ask that we be given time
ornlly with the provisi; ns of the Stormwater Permit No. 'NCG1 l005O,
Please let us know if °ou have any questionsar additional requirements. l I direct
telephone is 704-984-9608.
Sincerely,
Ernest. I). Borders, l «lS, Eli CET
Director of Public L]
CC:
Raymond Allen, Cit
File
Attachment.: "Capital
Asheboro, NC 2007
anage:r, 704-984-9408
an
ong Creek fJ7 T'" irilec.h. Civil P;nvirontnent.al, PC

June 10, 2005
Mr. Gai
W1'TP
Post Of
O. Smith 1.1
iperintendent
e Box 190
Albemarle, North Carolina 28062-
Subject
Dear Mr. S. ith:
3 2OO!i
NPDES Permit Issuance
Permit NC0024244
City of Albemarle WWTP
Stanly County
F, Easley, Governcr
t North Carolina
Ross, Jr„ Secretary
rui Natural Resources
Klimek, P,E, Director
lion of Water Quality
Division personnel have reviewed and approved your application for renewal
of the subject permit. Accordingly, we are forwarding the attached NPDES
discharge permit.. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994
(or as subsequently amended,)
The following modifications to the perynit have been made since the March 16,
2005 draft permit:
The monitoringfrequency for upstream color monitoring has been changed
to 2/month to coincide with the effluent and downstream color monitoring
frequency.
The instrumented effluent flown measurement has been corrected to the
instrumented influent flow measurement.
A centrifuge and a batch feed indirect heat sludge, dryer have been added to
the treatment components of the facility,
The Division, in consultation with EPA has agreed to a variance of the 85
percent removal requirement for Total Suspended Solids (TSS). Based on
review of influent and effluent data, the .monthly average effluent TSS
concentration shall not exceed 18 percent of the respective influent value (82
percent removal) in the summer months (April 1 through October 31) and
shall not exceed 32 percent of the respective influent value (68 percent
removal) in the winter months (November 1 through March 31).
ion of Water Quaky S3j 7015
CA,V ✓atco� a's_ - jra

Permit NC0024244
City of Albemarle WATTP
Page 2
These modifications were included in the March 16, 2005 draft permit:
A daily maxl'inum limit for Cadmium was deleted from the permit. The
reasonable potential analysis indicated -that an effluent limit was no
longer required. Cadmium will continue to be monitored quarterly in
the Pretreatment Programs Long Term Monitoring Plan„
Summer and winter weekly average limits for ammonia nitrogen have
been added to reflect the Division's current policy,. The weekly average
limit is established based on a ratio of 3:1 (weekly average: monthly
average) for municipal dischargers. The corresponding weekly average
limits for ammonia nitrogen at the flow of 16,0 MGD are 6,0 nig/1 for ,
the summer and 12.0 mg/l for the winter.
A total residual chlorine limit of 18 ug/1 has been added to reflect the
Division's current policy for protection against instream chlorine
toxicity. The limit for total residual chlorine shall become effective
upon completion of the installation of a disinfection system but no
later than 18 months from permit issuance. If a method different than.
chlorination/dechlorination is used, the total residual chlorine limit
will not be applicable. See Fart I. A.' (2.) of the permit.
A daily filaXiMUIT1 liniit of 5.3 p.ig/I was included for Cyanide. A limit
was necessary because the reasonable potential analysis indicated
that the maximum predicted concentration was greater than the
allowable concentration.
A daily maximum limit of 0.012 pig/1 was included for Mercury. A limit
was necessary because the reasonable potential analysis indicated
that the maximum predicted concentration was greater than the
allowable concentration.
A daily maximum limit of 5.3 jig/I was included for Selenium. A limit
was necessary because the reasonable potential analysis indicated
that the maximum predicted concentration was greater than the
allowable concentration.
If Albemarle has twelve (12) consecutive months of cyanide, mercury,
selenium values below the detection levels, then the City may submit a written
request asking DWQ to re-evaluate the assignment of the limits in the NPDES
permit.
If any parts, measurement frequencies or sampling requirements contained
in this permit are unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this letter.

Permit NC0024244
City of Albemarle WWTP
Page 3
This request must be in the form of a written petition, conforming to Chapter 150B
of the North Carolina General Statutes, and filed with the office of Administrative.
Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless
such a demand is made, this permit shall be final and binding.
Please notice that this permit is not transferable. Part II, E.4., addresses the.
requirements to be followed in case of change in ownership or control of this
discharge. This permit does not affect the legal requirements to obtain other
permits, which rnay be required by the Division of Water Quality, or permits
required by the Division of Land Resources„ Coastal Area Management Act, or any
other Federal or Local governmental permits may be required.
If you have any questions or need additional information, please contact Ms.
Jacquelyn Nowell at telephone number [phone], extension 512.
Sincerely,
ORIGKAL SIGNED BY
SUSAN A. W!LSON
Alan W. Klimek, P.E.
cc: Mooresville Regional Office / Surface Water Protection
EPA/Region IV
Aquatic Toxicology Unit
Pretreatment Unit
NPDES Permit File
Central Files

Permit N C0024444
ATE OF NORTH CAROLINA.
DEPARTMENT OF .ENVIRONMENT AND NATURAL P SOL'RC
DIVISION OF WATER [?ALLY
PERAIIT
TO DISCHARGE \ "AS EW 1TER UNDER
TION I� POI. LUTANT DI BARGE, ELIMINATION SYST =l
In. cr naplzance with the on of North Carolina General Statute 143--215.1, other lawful standards and
egailatit to promulgated and adopted by the North Carolina Environmental Managenment Commission, and
the Federal \X'ater Pollution Control Act, as amended, the
eby authorized to
City of Albemarle
ct}
Long Creek Wastewater Treatment Plant
Coble Avenue Extension
Albemarle
Stanly County
t the
wing waters designated as Long Creek in the radkin-Pee Dee River Basin in accordance wwith effluent
Iiinitatiotas, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof,
The permit shaall become effective July 1, 2005,
l less permit and the authorization to discharge shall expire at midnight on February 2 r 2009,
d this day June 10 20
ORIGINAL SINE
SUSAN
Alan \V. k, P.l ., Ditector
Division of Water Quality
By Authority of the Entirotirental Management Comrni

Permit DC002421,1
SUPPLEMENT PERMIT COVER SHEET
All previous NPDES Permits issued to tins facility, whether for operation dr discharge are hereby revoked, and as
of this issuance, any previously issued permit bearing this number is no longer effective, Therefore, the exclusive
authority to operate and discharge from this facility arises under the permit conditions, requirements: terrn S „ arid
provisions included herein.
The City of Albemarle is hereby authorized to:
1. Continue to operate and maintain the existing 16,0 WAD wastewater treatment system consisting of the
following components:
Elechanical bar screens
Dual gravity grit chambers
,› Influent lift station
Parshall flume itith instrumental flow measurement
•>. Preaeration basins
stfig Primary clarifiers
• Trickling filters
Mechanical aeration basins
> Secondary clarifiers
r .
tarifidty tertiary filters
> Chlorination and dechlorination
> Instrumented influent flow measurement
71u-dye in -plant screw lift pumps
• Aerobic digesters
• Centrifuge
• Batch feed indirect heat sludge dimer
'Se Sludge holding tanks
This facilityis located in Albemarle on the Coble Avenue Extension at the Long Creek Wastewater Treatment
Plant in Stanly Colinty
2, Enscharge from said treatment works at thn location specified tin the attached map into Long Creek, classified C
waters in the YadkinsPee Dee River Basin.

eintimateenta/,
t' tffe, A 7-7
)
f
f' ;" ,Pit\C
tfttiff,\,
" 4
CT-741
cfm/
(„effifelfLef—tt "
Ffee'dorq
Fern )
Cern
fet; 44'
[Longitude:
m 2ass)
Quad #:
Receiving Stream: Long Cree,k
80°1155"
F 18SW
Strea
Latitude: 35c23'4E," Sub Basin
tt. et-e,
t'ett. N
\ \
\ \ A
\ \
AL)
03-07-13
I
.fe t
e'
lf .
/44
tf:t—TtrfTI
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itJe,r4
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^
-"t
St/9
L
r
City of Albemarle Long Creok WWT

Permit NC0024244
CI) EFFLUENT tillifvfITATIONS AND .MONITORING
During the period begintung on the effective date of the permit
discharge from outfall serial number 001, Such discharpes shall
EFFLUFNT EFFLUENT
CHie'I.RA(7170t1,STIC „
Flow
RE IR1{LNTS-
FINL
and lasting until expiration, the Pe.rrnittee is authonzed to.
be ['alined :Ind toonitored tr.( the Perrninee as specified below:
" " s
MONITORING REQUIREMENTS
Monthly 1Veek1y Daily Measurement Sample Type sample Locationl.
Average Average Maximum Frequency
15.0 MGD Continuous Recording Influent or Effluent
BOO, 5 day, 20 'C {April 1 to 10,0 mgl 15.0 mg ff Daily Composite Influent & Effluent
31)2
BOD, 5 day, 20 °C November20,0 mg/I
to March 31)2
Total Suspended Solids2
NH3 as N (Apnl 1 to October 31)
NH3 as N (November 1 to March
31)
Dissolved Oxygen
Dissolved Oxygen1
Fecal
Total Residual Chlorine4
30 0 mg/I
2 0 m911
4 0 mgit
30.0 mg/I
45,0 mgll
6. 0 mg1
12..0 mill
Temperature
Temperature'
meatij 2 0 100mP 403./ 0
Tota NitrogenNO + NO3 +
TKN)
Total Phosphorus
hrcr Toxicity5
Conductivity,
Daily
Compcsite
ly
Daily
Daily
y
C m )st e
Composite
Compose
Influent & Effluent
f ent & Effluent
Effluent
Effluent
E u
See Note 1 Upstream Downstream
& Downstream2
8
Dat
Daily
Dat
See Note 1
Monthly
Grab
Composite
Effluent
E f flue nt
Effluent
Upst eam„ Downstream1
& Downstream2
Effluent
thly
Quanerly
Total Chromium
Tota
Id
Total Mercury
Total Selenium
Total Copper
Total Zinc
Color (ADMI)1
Color (ADMfl6
oH7
u
5 3 ugrl
ee Note 1
Composte
moosite
Lie nt
Effluent
Upstream,rab Downstre
Downstream2
Weekly
Weekly
0.013 ugff We.
y
e kly
21Month
iMonth
on h
2/Month
Day
ompos
E f fluent
Grab Effluent
Grab Effluen
orrposte EUtuer
Composite
sit
Grab
Effluent
Effluent
nstrea
Composite
Grab
Effluent
Effluent
Notes.:
1, Upstream = Upstream above the discharge pan -it, Downstreaml 4-- Downstream at the end .of NCSR 1960. Downstream2 =-
Downstream 3.9 miles at NCSR 1967. Downstreaen3 (for color samples) = fipproximately 200 yards downstream from the discharge
pcnnt. Upstream and downstream samples shall be grab samples. Stream samples shall he collected once per month in the yvinter.
(October through N./ay) and once, per week during .the summer Clune through September), unless otherwise noted.
2. The monthly verlCC effluent 11OD.5 concentraUon shall not exceed 15 percent of the respective influent value (85 percent
removal). The monthly average Effluent Total Suspended Solids concentration shall not exceed 32 percent of the respective influent
value (68 nerceni reronvgh '1'n the winter ,r,^11" ,N,V,,,,,, 1 tkr,r,l, ?',,c.,,,--, Al", ,,,-1 ‘4,-,11 ,,,,, ,..,,,,,...A 1Q.
influent value (82 percent removal) in the. rummer months (April 1 through October 31),
3. The daily erage dissolved 0.7geneidcent concentration shall not he less than 5.0 mg/I,
4, Sec Part L. A, (2)
5, Chronic Toxicity (C,etiodaphrria) at 90"./(c March June, September, & December (see Part 1.....k, (34)
6. See Part i„A, (4.),
The pH shall not he less than 6.0 standard units nor greater than 9.0 standard untt'
There shall he no discharge 01 floating solids or visible foam in other than mace ,arnounts.

NPDES Permit Requnernents
Page 3 or 6
Severabiliry
The provisions, of this permit ore severable, If any provision of this. per.init, or the application of any provision of this
permit to i cu cumstances, is held invalid, the application of such provon to other circumstances, and the remainder
of this permit, shall not be a.ffected thereby [NCGS 15011-23j,
S, .Dute to Provide In -formation
The Permirtee shall furnish to the Pc nu Issuing, Authotity, within a reasonable time, an information winch the
Permit IssonL,1:;,,; A.,Uthority may :request to determine whether cause exists for modifying, revoking and reissuin,g, or
terminating this permit or ro determine compliance- with this permit, The 'Permittee shall also furnish ro the
Perrnit issw'sig Authority upon request, copies of records required by this permit [40 CFR 122.41 (11)].
9, Dure to Reapply
If the Permittee wishes to continue an activity regulated by this permit after that expiration date of this permit, the
Permittee must apply for imd obtain a new permit [40 (...:FR 122A1 (b)1.
10. Expiration of Perim!
The :Permittee is not authorized to discharge after the expiration date, In order to reccave automatic
authorization to .discharge beyond the expiration date,. the Permittee shall submit such information, forms, and.
fees as are required by the agency authorized to issue permits no later than 180 days pticit to the expiration date.
Any Perminee that has not requested rene.wal at least 180 days prior to expnation, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permit -tee to enforcement proced.ures as provided in. NCGS 143-215,6 and 33 USC .1251et, seq,
11. Siva win( Reunirements
,A.11 applications, reports, or informa I submitted to the Permit Issuing Authority shall be signed and .ertihc
40 CFR .122,41 ,s1.1)1,
a, All per -nut applications shall be signed as follows:
(I) For a corporation: by a :respc.msible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal busine.ss function, or any other person who performs similar policy or decision
inakint functions for the corporation, or (b) the manager of one or 111,0te manufacturing, production, or
operating facilities,. provided, the Manager1 authorized to makemanagement decisions which goverti the
operation. of the regulated facility Mduding having the explicit or implicit duty of making major capital
invesnnent reconunendations, md initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are es-tablished or -actions taken -to gather ccunplete and accurate information for
permit- application requir' ement,s; and where authority- to sign documents has been a S signed or delegated
to the manager in accordance with corporate procedures
\''.2) ',For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
3) For a municipality, State. Federal, or other pubic agency: by either a principal executive officer or
ranking- elected official [40 CFR 122.24
la, All reports required by the permit and other information requested by the Perunit Issuing Authority shall be
signed by a person described in paragraph above or by a duly authorized representative of that person. A
person is a duly authcirized representative only if:
2, The 2tuthor1z' ation specified either an individual or a position ha ing respons„ibilitv for the .over all
opennfm of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintende.nt, 1 position of equivalent resporisibility, or an individual or position having
overall responsibility for eriviir' cuunental matters for the cimpany. (A duly authorized representative may
thus be either a named.individual or any individual occupyin.."!a namedposition); and
3. The Wtb en authorization is submitted to the Permit Issuing Authorin' [40 CFR 122,22]
Version 6/2012003

NPDES Perin nits
Par 6 of 6
c, Changes to airth.orization, If an authorizaticin under paragraph ,(1)). of this section is no loner accurate
because a different individual or position has responsibility for the ov.erall operation of the facility, a new
authorization s:AtiSEving the requirements of rutagraph (15) of this section must be submitted to the Director
prior to or together with. any reports, 1" tlfOrttlatiOn, Or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b, of this section shall make the
following certification [40 CFR 122,221:
'I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate
the information submitted, Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate., and complete. I am aware that there are significant penalties for submitting' false information,
including the possibility of fines and imprisonment for knowing violations,'
12, Permit Actions
This penrat rincy be modified, revoked :and. reissued, or tetniinated for CRISC, 'The filing of a request by the
Permittee for a permit modification„ revocation and reissuance, or ternunation„ or a notificati,7,11 of planned
changes or anticipated .noncompliance does not stay any permit condition [40 CFR :122.41: (f)J.
13. Perrru't Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from .reopenino • and modifying the
permit, revoking and reissuing die pernut, or terminating the pernut AS allowed by the, laws, rules, and regulations
contained in Title 40, Code of Federal Regulation. Parts 122 and 123, Tale 15A of the North Carolina
Administrative Code, Subchapter 21-1 .0100; and North Carolina General S.ratute 143,-215.1 et, al.
14, Annual Adminisierinp anclCompliance i'vlonitor ig Fee Requirements
The Pennittee must pay the annual administering. iind compliance monitoring fee, -within thirry days, after being
billed by the Divi5ion, Failure to pay the fee in a timely manner in accordance with 15,1 NCAC 211,0105 (la) (4)
may cause this Division to initiate action to revoke the permit
Section C. Operation and .Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the ,Permittee shall employ a
certified water pollution con.trol treatment system operator in responsible charge (C)RC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification -Assigned to the water pollution control treatment systein by the Certification Cominission, The
Pennittee must also employ one or more certified Back-up ORCs who posse.ss a currently valid certificate of the
type of the system, Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC SC,02011„
The OR(' of each Class 1 facility must:
• Visit the facility at least wecki,'
• Comply with all other conditions of 15A NCAC GJ2U4
e ()RC of each Class II, 111 and IV facility must:
.";=:- Visit .the facility at least daily, excluding, weekends and holidays
Properly manage and document daily operation and maintenance of the facility
.`;=.- Comply with al] other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permattee shall submit a letter to the Certification Cornmission designating the
operator in responsible charge:
a, Within Go calendar days pn, r to va.„ .ewitter be' g introduced into a new system.
Version 6/20/2003

NPDES Perna
new ()RC, and
A vacancy in the t,
Prop C)prraunn anti
'I"he P
faacilities aat optun una
s 1=s t(fl)S
lttee shall at all times
O RC.
f ORC or baa
cavil
onditi;
appropri
and operate backup c=r auxiliary
permit {.40 CFR 11,2,W'll
Need to Halt o
It shall not be a d
reduce the pert
:e nest: a Defense
By )a5uncut
a, Bypass not exceeding
The Peron
f it also is for esset
prt Paragraphs 1). and c- cafth
cia'Sst1C
p ORC-
operatic:an JI'4 n
re,soes neces
properll olre xalte and mainta
d re appurtenances) cvhicla ;are installed tar used b,,
of this pc-tin:it. Proper oprt and main
:alit, Js1,us.aaicae procedures. -I"Ius lrtci;sic n r
Notice [ 40 (:ER 122.41 (m)
(1) 'taticip<aaed )3pas . I f th
notice, if laossible at least ten d:ay
:anticipated quality and effect of tl
nce
esign attii0n ()f. a
he Per-nnttee to
•ides adequate
he Pertnittee to install
`ondi,tions of the
that it would have been necessary to halt or
audition of this t)et zxit [alC4 (Flt 122.41
ed, but
e to assure efficient operation. These bypasses are not rbjeet to tlhe.,
cause e
advance of the steed !Cot as bypass, it sh
e date of the bl-l-ias; ftrcludsrit, an 'ev
Unanticipated bypass, The Perrnstte.e shall submit notice of an utla
Il. F.lu G. (24-hour notice).
c. Ptcalail.,ita a'n a f Bypas
(1} Bypass ircna the treatment
AC, flora against a. Permitter for hvpas
a.
ed btpa.;s as required in Part
ed and the Permit Issuing nluthority mav take enforcente
(A) Bypass was unavoidable to prevent loss of Lite, personal injury or severe property damage;
(1 ) 'There were no feasible alternatives to the bypass, such as the use of auxiliary ta.eatanent fa
retention of untreated wastes or mahatenaance during normal periods of equipment downtime.
caatdition is not satisfied if adequate backup equipment should have been installed in the exerc
reasonable engineering judgment, to present a bypass which occurred during normal periods of
equipment downtime_ or pteven€ive maintenance; and
Cj The Pennittee submitted nt:at c.es as required under Paragraph b. csf tams section..,
Bypass from, the ecalletttc;n SVC teals is prohit)ited and the Permit IssuinZ 3'Suth stit, n1:a.> take enforcement
action against a Pernaittee for a by-pass as provided 111 any current ,or future system 1 [de collection system,
l)
the Pern-eit Issuit
It C`yf this section.
raph bo
1,C? 41 R 122.41 1t1;7 ( ` : An upset a- - nstitutes an
ce° with such techlta,lra kl based permit effluent liar
nditton are rrlet. No cicte:minatirau made d
hove in Paran,raph c.
Version "2W20

NFE)ES Permit 'Require -
Page
noncompliance was caused by upset, and before an action for :noncompliance, is final administrative action
subjectto judicial review.
1). Conditions necessary for a demonstration of upset: Perrnittee who wishes to establish the
11111113 Live defense of upset shall demonstrate, through properly sig,,ned, contemporaneous operaung logs, or
other relevant evidence. that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The ,Permittee facility was at the time being, properly operated; and
(3) The. Permittee submitted notice of the upset as required in Part IL .E„ ( (b) (B) of this penernt,
(4) The Permittee complied with any remedial ,measures required under 'Part II. B, 2, of this permit.
d Burden of proof [40 CFR 122,41 (n) (4)1: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
R.e moved S ubs latices
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
s(.hall be utiltedfclsposed of in accordance with NCGS 143-215.I and in a manner such as to prevent any pollutant
from such materials :from entering waters of the State or nivigable waters of the. United States. The Pertnittee
shall compl 11 existing Federal regulations governing the disposal of sewage sludge., Upon promulgation of
40 CFR Part .503, any permit issued by th.e Permit Issuing Authority .for the 'utilization/disposal of sludge tnay be
reopened and modified, or revoked ttrid reissued„ to incoiporate applicable requir ements at 40 CFR 503. The
Permittec h.all comply with applicable 40 CFR '503 Standards. for the Use and Disposal of Se age Sludge (when
promulgated) within the time provided in the regulation,. even if the permit is nor modified to incorporate the
requirement. The Permittec. shall notify the. Permit issuing Authority of any significant change in. its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible .for maintaining adequate fegUArdS (as required by 15A NCAC 21i01.24
Ritliability) to prevent the discharge of untreated or inadequatelv treated wastes .during electrical poi,ver failures
either by means of alternate power sources, standby genenitors or retention of inadequately treated effluent..
Section D. Monitoring and Records
I. Representative Sampling,
Samples collected and measurements taken, as required. herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this .permit and, unless otherwise specified, before the effluent joins or is ,diluted
bv anv other wastestream, body of \Wa ter, or substance, Monitoring points shall not be changed without
notification to and the approval of the Permit 'Issuing Authority [40 CFR 122.41 (i)1
Monitoring results ,obtained during the previous month(s) shall be summarized for each. month and reported on a
.monthly Discharge Monitoring .Report (:DMR) Form MR 1, Id, 2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th day following the completed reporting period.
DA") tht bzt tht pern-; c-st
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other rep.)rts required herein, shall be submitted to the following address:
NC DENR / Division of Vtater Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina .27699-1617
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Appropriate flow measurement, cievices and methods consistent with accepted scientific,- practices shall be selected
and used to enszire the accuracy and reliabilitv of measurements of the volume of monitored discharges. The
devices :shall be installed, calibrated. and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capabilits- of that type of .clevice. Devices selected shall he capable of meastaing flows with a
,maximum deviation of less than 10'). from the true discharge rates throughout the range of expected discharge
volumes, Flciw- measurement devices shall he accuratelY cilibrated at a "rninEr' nuun of once per year and maintained
to ensure that the. accuracy of the measurements is consistent with the ,accepted capability of that type of device,
The Director shad approve the flow measurement device and monitoriiig location prior to installation,
Once -through conclenser cooling water flow ,monitored bit pump logs, or pump hour meters as specified in_Pa
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement,.
4, Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulahons (published pursuant to
N(. GS 1,43-.215,63 et. se ), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g) 33 USC 1314, of the Federal Water Pollution Control Act (as Airiencied), and—40 CFR.136; or in
the case of sludge use or disposal, approved under 4.0 CFR 136, unless otherwise specified rn 40 CFR 503, unless
other test procedures have been specified in this permit [40 CFR 122.411.
To meet the intent. of the monitoring requited by this permit, al] test procedures must produce minim' um
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported dix.)wri to the minimum detection, or lower reporting, level of the procedure. If no approved .methods are
determined ,capable of .achieving nuniamin detection and reporting levels belox.v permit discharge requir' ements,
then the most sensitive (method, with the lowest possible detection and reporting wel) approved method must
he used,
5, Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, am.,
monitofing device or method required to he maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10„000 per Viol11 ti on, or by imprisonment for not more than two years per violation, ot
by both. if a convicnon of a person is .for a violation. ccimmitted after a first conviction of such person under this
paragraph, punishment is a fine of nut more than $20,000 per d.ay of violation, or by imprisonment of not more,
than 4 years, or both 140 C.,FR 122..411.
6. .Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503)„ the Permittee shall retain records of all monitoring 'information, including:
all calibration ancl .maintenance records
all original strip chart recordings for continuous monitor -Mg instrumentation
fr copies of all reports required by this permit
copies of all data used to ccinaplete the application for this permit
These records ot copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,. report or application. This period may. be .extended by request of the Director at any time [40 CFR
1.22.411.
RecorclitwResults
For each measurement or sample taken pursuant to the iesp
the following information [40 CFR -1.22.41]:
a. The, date, exact place, and nine of sampling or measurements-,
b.. The individual(s) who performed the sanipling or measurements;
c. The date(s) inaCvses were performed.;
d, The individualwho performed the analyses;
s of this permit„ the Permittee shall record
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e. 'The analytical terlrniques 01 methods used; and
'Hie results of such analyses.
8, Inspection and Entry
The Terminee shall allow the Director, or an authorized representative (including an authorized contractor acting
:As a representative of the Directon), upon the presentation of credentials and other documents as may be requn-ed
by law, to;
a. Enter upon the Permittee's pretrUses where a regulatedfa.cilitt or actuvlt is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copt, at. reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (incluiling monitoring and control equipment),, practices,
,operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring, permit compliance or as otherwise
authonz' ed by the Clean Water „Act, any substances or parameters at any. location [40 CFR 122,41 (01.
Section E Reporting Requirements
Change in. Discharge
discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a vi))1ation of the permit,
2. Planned Changes
The Permittee shall .give notice to .the lJirector as soon as possible of any planned .physical alterations or
additions to the permitted facility [40 CFR '122.41 0)1, Notice is required only when:
The alteration or addition to a permitted facility nray meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b, The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged, This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR .122.42 (a) (1).
c. 'file alteration or addition result's in a significant change in the Permittee's sludge use or disposal practices,
and such alternation, addition or change may justify the application of pertnit conditions that are different
from or absent in the existing permit, including notification of additional use .or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan,
3Anticipated Noncompliance
The Perrnittee shall give advance notice to the. Director of any planned changes to the perinitted facility or other
activities that might result in noncompliance with. the permit [40 CFR 122.41 (1)
4. Trans,fcrs
This perrnit is not transferable to any person except after notice to the Director, The Director may require
modification or revocation and reissuance of the permit to document the change of ownership, A.ny such action
may incorporate other requirements as may be necessaryunder the Clean Water .Act [40 CFR 122.41 0).(3)1,
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122,41 (l) (4)1,
„Monitoring result's .must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D„. 2) or forms
provided by the Director for reporting .results of monitoring of sludge use or disposal practices,
b. If the Permittee monitors 'AM' pollutant more frequently than required by this permit,. the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DNER,.
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6. Twentv-four Hour Reporting,
a. The Pt crainee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall he provided orally within 24
hours from the tune the Permirtee be -came aware of the circumstances. A written subtnission shall also be
provided within 5 days of the time the Permittee becomes aware of the cncumstarices. The written
submission shall continn a description of the nonconipliance, and its cau.se; the period of IllnICOMpliariCe,
including: exact dares and tune., and. if the noncomplian.ce has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance T4r.)L ER 122.41 (I) (61.
h. The Dir.' ector 111.3V %%live the written report on a caselayscase basis for reports under this section if the oral
report has been received within 24 hours,
Occurrences outside normal business hours 11111',, also be reported to the Division's Emergency :Response
personnel at (80.0) 662-7956, [phone] Or (919) 733-3.300,
Other Noncompliance
'The 'Permittee shall report all instances cPf noncompliance not reported under Part IL E, 5 and 6. of this permit at
the nine monitoring reports are submitted, The reports shall contain the information listed tai Part Hs E. 6, of
this permit [40 CFR 122.41 (r) (71.
Other InfOrmaticm
\Xhere .the Permittee becomes aware that it failed to submit any relevant facts in i permit application, or
submitted incorrect information in a permit application or in any report to the Director, it. shall promptly .submit
such facts or information [40 CFR 122.41 (1)
Noncompliance Notifica non
'The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
Any occurrence at the water pollution control facility which results w the discharge of 50-idle:ant amounts of
wastes which are ;amountl in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the kro passage of a 'Aug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit fitilure, due to known. or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc,
c. Any fallure of a pumping station, sewer lu"sie, or treatment facility resulting in a by-pass directly to receiv...g
waters, without treatment of all or any portrian (‘„if theinfluent to such ttarion or facilin,.
Persons reporting such occurrences by telephone shall also file a written report within 5 days fdllowing first
knowledoe of the occurrence.
10. .Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 30 of the Federal. Act, 33
ESC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
sf:( .J V7-t-y- (7)-ral;- r''"-t!C1 t17.
Knowingly making ant, false statement on any such repor1n1avren1ru;theimpo1iuonofmrLdpenue.as
provided for in NCGS 143-215.1 1a)(2) Or in Section 309 of the Federal Act,
11, Penalties for Falsification of Reports
The Clean Water Act provides that ,any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this perrnit, including
monitoring reports Or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
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not more than $25,000 pet violation, or by imprisonment for not more than two yeat's per riolation,.or by both
[40 CFR 122411.
12. Annual Performance Reports
PernUttees who own or operate facilities that collect or treat rnunkipal oi domestic WSte shall provide an annual
report to the Permit Issuing ,Nuthority and to the users/cutonaers served by the Permittee (NCGS 143-215,11C).
The report shall summarize the performance of the collection or treatment system, as well as thc extent to which
the facility was compliant with applicable Federal or State laws, regulations and mks perialanng to water quality.
The report shall he 'provided no later than sixtv dates after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation,
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AK::i ill not occur until Final -Plans and Specifications .for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permit -tee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current
uroundwater standards,
ss
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the. Permit Issuing Authority as soon as it knows or has reason to believe (40 (FR 122,42):
a. That ant activity has occurredor will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
''notification levels";
(1) (inc hundred rnicrograms per liter (100 ug/L);
(2) Two hundred tnicrograms per liter. (200 ug(L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 ug/L) for 2.4-dmHtrophenol and for 2-methy1-46dinitrophenol; and one milligram per liter
ing/L) for antim' ony;
(3) Five times tare maximum concentration value „reported for that .pollillant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
(I) Five hundred micrograms per liter (500 fig,/1„);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten tunes the maximum concentration value. reported for that pollutant in the permit application,
Section D. Evaluation of Wastewater Discharge Alternatives
Thc Fermiticc shall evaitniw 41.1 \vairwaitt. iisposal aliernaiives aud. pursue the most environmentally
alternative of the reasonably cost effective alternatives, If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluatnig these alternatives and a plan of action within 6.0 days of
notification by the Division,
Section E. Facility Closure_Regnirements
1 he Permittee must notify the Division at least 90 days prior to the closure of an .N.vastewater treatment ystern
covered by this permit. The ',Division may require specific measures during deactivation of the system to prevent
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