NC0024244_PC-2010-0041_20100525

No
Beverly Eaves Perdue
Governor
NCDENR
Deparunent of E.nvironment and Nitura1 Resources
'Division of Water Quality
Coleen 11,
DireC (or
May 25, 2010
CERTIFIEDMAIL 7009 2250 00043265 6421
RETURN RECEIPTTZEQUESTED
Dee Freeman
Secretary
The honorable Elbert L. Whitley. Jr, N'layor
City of Albemarle
Post Office Box 190
Albemarle, North Carolina 28002-0190
SUBJFC Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(0(6) and NPDES Permit No. NC0024244
City of Albemarle \V WIT
Stanly County
Case No. PC-2010-0041
Dear Mayor 'Whitley:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $4085.37 ($4000.00 civil penalty + $85.37 enforcement costs ) against the City of Albemarle,
This assessment is based upon the following facts: The City of Albemarle has not
implemented the Town's approved Industrial Pretreatment Program by failing to inspect the
POTW's three Significant Industrial I]sers, failing to conduct sampling at the POINV's three
Significant Industrial Users, and h not maintaining documentation relative to the
implementation of the City of Albemarle approved Industrial User Program. This rev le W has
shown the subject facility to be in violation of the Part IV Special Conditions for Municipal
Facilities found in NPDES Permit No. NC0024244, The violations are summarized in
Attachment .A to this letter.
Based upon the above facts, I conclude as a matter of law that. the City of Albemarle
violated the terms, conditions, or requirements of NPDES Permit No. NC0024244 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the inanner and extent shown in Attachment
A. A civil penalty may be assessed in accordance with the maximum.s established by G,S. 143-
21.5.6A(a)(2),
Based upon the above findings of fact and conclusions of law, and in accordance v ith
authority provided by the Secretary of the Department ofiEnvironment and Natural Resources
and the Director of the Division of Water Quality, 1, Marcia Allocco, Acting Surface Water
Protection Regional Supervisor for the .Mooresville Region, hereby make the following civil
penalty assessment against the City of Albemarle:

500 O( 1 of the n 1) violation of fi.S. 143-
215.1tait 6) and N PDE Permit No. M20024244, by
failing to catndrict an inspection during January-
Idecember 20II9 at isarterican fiber and Finishing. a
I13 permitted under the POT \\ approved
inclustrial pretreat nicht program,
.Sl)0 00
50.1)4)0
500.0(1
500 00
of the one ( ) vichat ion of CIES, 143
215.1(a)(6) and NP.DES Perrnit No. NC0024244. by
fait ing tit conduct an inspection during January -
December 2009 at tientry a Slit permitted
under the P(YIA,Vls approved industrial pretreattnent
pri)grain.
For t_tgl 151I the one (1) ViOiation of G.S, 143-
215.1(a)(6) and PDES Permit No. NC0024244. by
failing to conduct an inspection during Jantiary-
December 2009 at IAC o North EN, merlon, a S119
permitted tinder the 'PIO.' It\I‘lIs approved industrial
pret,reatni(11nt program.
For 1 th_ts of the one (I) violation of S. I 43-
215„ I (a)(6) and NPDES Permit No. NC0024244, by
failing t5nduet szunpling as required Ett the
Industrial tIscr Ponnit during July -December 2009
at American Fiber and Finishing,1 SE U permitted
tulder the lItiTICVls apprnved industrial pretreatment
prograni
gig of thesones(Dminlatiou ofEllSt,14,3-
2.21,521..(4)((5)..and:'NEL)ES
as::required bydbe
dd.dostriatilson,Permittitturi.ng ,Julytt,f)ecentiber.)2099,
satt(ientty TylttlIs,a SIU permitted .u.n.der-the...POINV7d.
approved indutritit pretre.aintentSprogxhill,
oil the tine (I) violation of G„S. 143
215.1(a)(6) and NPDES ljertnit No. NC0024244. by
failing to conduct sarnpling zls required b the
Industrial User Pennit during July -December 2009
at IAC ,o4f North Argericin a Sit I permitted under the
0 approved inditstrial pretreatment program,

1000.00 For I of the °ne(t) violation of (.1,S 143-
. -
315 1(1)(( ) and NPDFS Permit No. NC0024244, bv
failinp to maintain documentation required for the
implementation of the City of Albeinale approved
industrial pretreatment program.
4000.00 TOTAL CIVIL PENALTY
g 85,3'7
TOTAL AMOUNT DEE
Pursuant to G.S. 143-215.6f‘(e), in determining the amount of the penalty 1 have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at (111.. 14313-
282.1(b), Which are;
(1) The degree and extent of harp) to the natural resources' of the State, to the public
health, or to private property resulting from the
(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 di:tillage;
(5) fine amount of nioney saved by noncompliance;
(6) NA:nether the violations were committed willfully or intentionally;
(7) 11 he prior record of the violator in complying or failing to coniply with programs
over which the Environmental Managenictit Conimissiori has regulatory authority;
and
(8) The cost to the State of the enforcement procedures,
Within thirty days of receipt of this notice. :if:on must do one ot'the following.
1. Submit pay trient of the penalty:
Payment should he made directly to the order of the Department of Environment
and Natural Resources (do not loclutle Il'aiVeriform). Payment of the penalty will
not foreclose further enforcement fiction for any continuing or new violatimis).
Please subtnit payment to the attention of:
Point Source CompliancelEnforceinent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
2. Submit a written request for remission including a detailed justification for
such request:
Please be aWare that a request for remission is linnted to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the
penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a
stipulation that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes 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:
(1) whether one or more of the civil penalty assessment factors in O.S. 14313-
282.1.(b) were wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing, environmental damage
resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous
violations: or
(5) wheth.er payment of the civil penalty will prevent payment for the
remaining necessary remedial actions.
Please note that all information presented in support of your request for remission
must be submitted in ‘,\Iiting. The Director of the Division of Water Quality will
review your evidence and inforn you of his decision in the matter of your
remission request. 'The response ‘vill provide details regarding case status,
directions for payment, and provision for further appeal of the penalty to thc
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
"Waiver of Right to an Administrative Hearing and Stipulation of Facts" forrn
within thirty (30) days of receipt of this notice. The Division of Water Quality
alsorequests that you complete and submit the enclosed "Justification for
..Remission Request." Both forms should be submitted to the following address:

Point Source Compliance/Enfurcenlen.t [_ nit
Division of Water Quality'
1.61.7 Mail Service Center
Raleigh, North. Carolina 27691i 1617
OR
File a petitio for an adnninibearing with the (f ce of
cl�ninistrative Hearings:
st any statement
must file a. petition for an administrative
form front the Office o -Administrative 1
the Office of Administrative Hearings writhir
it document you
Fou may obtain the petition
You must tile the petition with
) days of receipt of this
A petition is considered filed when it is red in the Office of
Adniinistrative Hearings during nklrnai office hours. The Office of
Administrative tlearin.g; 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 vuitl the Office of Administrative
Hearings. The petition may be faxed — provided the original and one copy of the-
docurnent is received in the Oliice of A.dministrative Hearings within five {S)
address for the
business days followi
Office of Adrninistrati.v
he faxed transmission. 'flAhe. t
Office of Administrative hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on. DENR as follows:
14is. N,lary Penny Thompson, General Counsel
Department of Environment ironment and Natural. Resources
1601 Mail Service Center.
Raleigh, North. Carolina, 27699-1601
ndicate the case number°
ne of this letter) on the
Failure to exercise one of the options above within thirty (30) days of receipt of th
as evidenced by an internal date/time received stamp (not a. postmark), will result in thi
being referred to the Attorney General's Office for collection of the penalty through a civet
action.

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CASE e PC-2010-0041
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Failure to inspee
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rerluir.txiett
*Failure to satire lC of i art_
Fallure to innintiiza ree irds required for
entri„� Mills, It
imple nentation c fthe am d Industrial
Pretreatment F'r erati
Denote penalty assesstt
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DWQ Case Number:
Assessed PartN. :
Coun0,:
Permit Number:
Amount Assessed:
UST!CATION FOR REMISSFON
PC-2010-0Ni
City of Albemarle
Stanty
NC0•02424,1
$4085,37
'FEST
Please use this form when .requesting remission of this civil penatty. You must also complete the
".Request For Remission, Waiver of Right to an Administrative Rearing 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 remissionis 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 he granted only when one or
more of the following five factors applies. Please check each thctor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment. factors in N.C.G.S. 143B-282.1(b) were
wrongfully plied to the detriment of the petitioner (the., assessment factors are listed in the civil
penalty aSSCSSMent document);
(b) the violator ..v abed continuing environm.e tat damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent liaure
occurrences);
(c) theviolatjon vas inadvertent or a result of an accident (i.e., explain why the violation
was unavoid ,,e or something you could not prevent or preparej':):
(d) the violator had not been assessed civil penalties for anv previous violations;
(c) payment of the civil penalty will prevent pavinent for the remaining necessaral
remedial actions (i.e.. expiain how payment glare civil penalty will prevent youfrom pc -forming the
activities necessary to achieve compliance).
E.XPL.ANATIO1 : (ase )nal pages 05 necessary)

NORTH CA.ROLINA DIVISION OFWATER QUALITY
Violator: City of Albemarle
Facility: Albemarle Long Creek WWIP
County: Stanly
Case Number: PC-2010-0041
Permit Number: NC0024244
ASSESSMENT FACTORS
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 violation;
No harm to the environment has been documented. By failing to maintain records, the POTW
cannot document the proper implementation of the City's approved pretreatment -program. hi
addition, the failure of the POTW to sample the Significant Industrial Users (Ws) and the failure
to inspect the Sills, do not adequately ensure the protection of -the WWTP, surface waters of the
State, or worker health and safet,./.
2) The duration and gravity of the violation;
According the correspondence from the POTW, sample events were not conducted by the POTW
in accordance with permit requirements at the SIUs during July -December 2009. inspections,
required once per year at each SIU, were not conducted. Pretreatment Program. documentation
relative to the proper implementation of the program is not available.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water or air quality are expected. The Industrial Pretreatment Program is
required. by 40 CFR 4012 and 15A NCAC 2110900 for the regulation of pollutants introduced
into a Public Owned Treatment Works (POTW) as to prevent -interference with POTW operations,
prevent contamination of the .POTW's municipal sludge, prevent pass -through of toxic levels of
'pollutants to POTW's receiving waters, and prevent exposure of POTW workers to chemical
hazards,
4) The cost of rectifying the damage;
The cost is unknown.
The amount of money saved by noncompliance;
A specific monetary amount cannot be determined.. Money may have been saved by the POTW's
lack of staff training, laboratory support for implementation of the approved industrial
Pretreatment Program, and adequate staffing for inspections of Sits.

6) Whether the violation was committed willfully or intentionally;
The violations do not appear to be willful or intentional. City of Albemarle personnel have been
placed in management of the City's Industrial Pretreatment Program with little or no training and
have no experience with the program.
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
Notices of Violation relative to Pretreatment Program within the last 12 months.
Case Number
Description
NOV-2010-0516 PAR Review, failure to sample, failure to inspect, records not available.
The City of Albemarle has the following civil penalty assessments in the past 12-months.
L.M' 2009-0031 $1,035, .30 paid 8/13/09 Case Closed
IN-2010-0064 $71937 paid 3/22/10 Case Closed
Case Number Desc ri ptio n
$74.994.60, bypassing WWTP, failure to report 'bypasses, operation and
PC-2(109-0035
maintenance. Case Open_
8) The cost to the State of the enforcement procedures.
Staff preparation of enforcement package: 1 hour at $32.54/hour
SWP Regional Supervisor review: 1 hour at $37.83/hour
Clerical Support: 1 hour at $15.00/hour
Total: $85.37
Acting Rt1) Stifiervisiir
Division of Venter Quality

North Carolina Denartinent of Environment and Natural Resouret
Division of Water Quality
Beverly Eaves Perdue Cohen H. Sullins
Governor Director
April 28, 2010
CERTIFIED MAIL 7008 1140 0002 2716 8335
RETURN RECEIPT REQUESTED
Mr. Ray Allen
City Manager
ity of Albemarle
Post Office Box 190
Albeniarle, North Carolina 28002-0190
Dear Nefr. Allen
Subject: Notice of Violatim
Notice of Recommendation for Enforcement
PAR Review
Tracking No, NOV-2010-PC-0516
Albemarle 1 ong Creek WWTP
NPDES Permit No, NC0024244
Stagily County, NC
Dee Freeman
Secretary
°[he Mooresville Regional Office staff has reviewed your Pretreatment Annual Report (PikR) for the reporting
period of January through December 2009. The PAR was received on April 27, 2010„ Based on our review, it appears
that the POTW has failed to implement required conditions of the City of Albemarle approved pretreatment program
found in the NPL)FS Permit, Part IV, Special Conditions For Municipal Facilities, Section C, (7)(10), 'Ile 2010 PAR
will be due on March 1, 2011, The rayless, found the following violations:
1. The PAR has conflicting information, The Narrative, Significant Non -Compliance RepodffiNCR), and
Industrial Data Summary Form (IDSF) show no significant non-conipliance (SNC); however, SNC is
indicated on the Pretreatment Program Summary (PPS) form — Number of Sills in SNC due to 10 reporting
violations that were not sampled or inspected by the Parw is listed aso 3.
2. The POTW failed to sample the Significant Industrial Users (Sills) in accordance svith program requirements.
3, The POTW failed to inspect the Sfils in accordance with program requirements,
4, Data is missing from several Slisis on the Industrial Data Summary Forms.
MCiOr reSvilie Regional Office
Location, 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: (704) 6E3-6040 \ Customer Service, 1-3377-623-6748
Internet iiAffEreniewaterquanty.org
Au Equa Deporteeity Affirmative Action Emperiver — 50% Recreledr10% Poee Conseimer raper
one
North C aruhua

The PAR Narrant
d at a In addition, the Nrarra'
ptarsalty= of not Tnit
ates or fails to ac:t i
�. . 1 -21N1
you wish to pt
rccia Allo4
eapla, North Carolina:
e advised in 3
states that theissing data began the P0"1'W either taileri to satltlalc tit t secttre the
e stated the POIW did not insp ct any of the sil1s, Pursuat t tc 0;S. 1 _2 i 5. , a cif it
thousanddollars ;t t ll 00) may be assessed against any person who
accordance with the teirns, eonditims, or requirements of any permit issued pursuant t
is considering the preparation of an enforcement action. Should you have at -ration
c oca response by no later than May ; , 2010. Please address Your response to the at ration of
ire Water Protection Regional Supervisor, and copy Mr, Monti Hassan, PF.RCS Unit,
Should this Office make, an enforcement recomartenclatiatn relative to the violations,
questions ccar1L
teflenr, txoNa
ltlr nti Hassan P1
enta si Files
filbert J. Whitley, I
<our PAR, pietast
City ot Alt ettaal It
°esvlle Regnat
n: 610 Rat enter Ave. tots g1 M Ir v F6 , NC 2i
(704) 'a t cag ,Fax "i 4) t" 04J su t.^nnerService
www.ncwaterquaity.org
ncereiy,
d
etr
Marcia Ai c.cc
Acting Starr¢ace"ate
Regional Suers°isoir
on Section
ey atHI ll'l) t t73Ylt 99 or by
One
N o.rth,,
-ative Act

Offi
Pa
(, 04) 984 9630
City of re
North Carolina
Marcia Ail.ccco
ng Surface water Pru'tectin
onal Supervisor.
ry 14 200
Mathng err
P, a Box
Albemarle, MG
2300 190'
utaloot : Pesp an he to the Not of Rec°omnend.atn fear Enforcement PAR
r c .zng Nos NOV-- 010 -PC-0 1 r
.ibezn rle Long Creek WWTP
NUDES Permit No. NC00242444
tanly Count, NC
Dear Ms. All cc
PAD has conflicting information. The Narrati. re, igni.ficant Nc n
ial Data ummar form (IDS ); how no
lance Pep rt (SNCR)
. _ e ma_mWN rrre
sip a cant non -co rrrplianceN) however, ANC is indicated on the Pretreatnt
Program Surmrrar PP form Number of IU.s in
�.� � (LTD) - _ SNC due tcaIU e
violations that were not sampled or inspected by tie POTW is li t a Ttx
Sills are not self-mrnitoring_; The POTW cannot provided documents to support
at the SIt7s were sampled in accordance with program requirements
re technically in SNC.
The POTW failed to sample
gnifi.cant Industrial Lrser s (STLrs)
thus the
accorda.nco with rogram reguiroments,. The POTW does not have documentation to
support that all SIUS were sampled at least twice and mon'thly via the SIUs
permit in PC .
The POT failed to inspect~ the SIUs in accordance wa.th prograa
r'equir'ements. Again, the POTW does not have the documentation to support
inspections of any of the Digs during the year of 0P.
() Data
POTW does not have di]. of
the program r q iremer is
o5 sn eral= IUs
_ Ko ce
Plant pera
or Ir a+arxsib e Charg
n the Industrial Pat:
noce-ssuirY tosupport full compl a ace with

Nora Carolin DepaDepartment of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen N. Sullins e Frei
Governor Director Secretary
Via _- 1
September 2, 2010
Ernest D. Borders, Director of blic Utitities
City of Albemarle
E. O. Box 190
Albemarle, NC28002-01,90
Subject: Remission Request of Civil Penalty Assessment
City of Albemarle — Highway
NPDES Peimit NC0044024
Case Number PC-2010-0050
Dear Mr. orders:
Stanly County
This letter is to aek owled e your request for re fission of the civil penalty levied against the subject
facility. Your request will be scheduled for review by the Director and you will be notified of the result,
If you have any questions about this matter, please contact me at (919) 80i - or via - ai1 at
[e-mail].
cc: Enforcement File w/oriitals
Sine
y
Bob Sledge, Environmental S cialis
Point Source Branch
Central Files w/attachments
cc: Mooresville Regional Office wl ttachr ents
16171
p
h, No 18Carol na 27699.1617'
7
-6748

P 0 Box 190
Albemarle, Nt 28002-0190
Point Source Branch
Division of Water Quality
North Carolina Dept. of Enviro
1617 Mail Service Center
Raleigh, NC 27699-1617
To Whom t May Concern:
Department of Public C. ties
Tel. [phone]
Fax [phone]
September 20, 2010
en t and Natural Resources
Subject: Request for Remission of Civil Penalties
Highway 52 WTP
NPDES Permit Number: NC0044024
City of Albemarle
Stanly County
Case Number PC-2010-0050
This letter is in response to the NPDES Permit Number NC0044024 Assessment of
Civil Penalties dated August 25, 2010. The Assessment of Civil Penalties references the
following areas as listed:
1. Failing to operate and maintain wastewater treatment systems and controls.
2. Allowing sedimentation basin and filter backwash water to enter waters of the State.
3. Failure to collect representative effluent samples during an undermined period of
time.
4. Failure to retain all monitoring information for a period of three years.
5. Causing the turbidity water quality standard to be exceeded in the UT to Little Long
Creek.

lirRESPONSE:
1. Failing to operate and maintain wastewater treatment systems and contro s,
The Highway 52 Water Treatment Plant was built in 1949. It underwent an
expansion in 1960. The plant is old but very critical to the City of Albemarle. In
2006 we started a "pay as you go" program of plant improvements. To date we have
up graded the water treatment process, replaced machinery and monitoring
equipment. The upgrade of the backwash waste water system was identified in our
February 2009 Needs Assessment Study (see attached). Though the economic
conditions have slowed our forward progress on this upgrade, the City has hired the
services of Chambers Engineering of Albemarle, NC to proceed with the
engineering for a new sludge removal and controlled released system for the water
plant. We have also met on -site multiple times with Mooresville DWQ regulators to
discuss the project. Additionally, we will also be submitting a request for a Special
Order of Consent (SOC) to NCDENR.
The economic conditions in our community are having a severe effect on our ability
to provide services and to maintain our infrastructure. As you are aware the nation&
unemployment rate is approximately 9.5% +/- but the unemployment rate in Stanly
County/Albemarle, NC is closer to 13%. This has to be brought into the equation
when you start assessing civil penalties on communities. The City of Albemarle
Public Utilities is driven by user fees just like other communities in the state. Our
budget for FY 2010/2011 for Water and Sewer was $6,572,050 which was a
decrease of 6.6% from the FY 2009/2010 budget which reflected a decrease of some
$434,000. The budget reflected personnel reductions as well as cuts in all operating
areas. The FY 2010/2011 budget also included a water and sewer user fee increase
of 4.5%. First quarter revenues show a 6% reduction in water and sewer use. Our
revenues are being affected by two main issues: (1) use of the services has been
curtailed and (2) the high unemployment rates have affected our customer's ability
to pay for the services. These issues must be taken into consideration when it comes
to our ability to pay the punitive assessments levied against this economically
stressed community. The assessed penalties will most definitely prevent the City of
Albemarle from taking the remedial actions recess to correct the situation at the
52 Water Treatment Plant.
The excessive discharges ofbackwash water into the sanitary sewer system caused
an overflow to occur at the creek discharge point. This event was regrettable but is
ot part of normal operations at the water plant. The discharge occurred due to a
lack of oversight of newly trained personnel by the Chief Water Plant operator. The
individuals involved have been given additional training and new Standard
Operating Procedures have been put in place to insure that all personnel, at the water
plant facility, understand the filter back wash procedures. The finding of fact in the
Assessment of Civil Penalties insinuates that this type of activity is common place at
2

the 52 Water Treatment Plant. Nothing could be farther from the truth. This was an
unfortunate incident that has been dealt with and corrected. This violation was
"inadvertent" in its nature and could have happen anywhere and at anytime. The
attached documents will show that this was a onetime occurrence and not part of our
normal day-to-day operations. The fine is excessive and punitive in nature and
meant only to punish and should be rescinded. (See attached documents.)
2. a. Allcwing sedimentation basin and filter backwash water to enter a he
State,
b. Causing the turbidity water quality standard to be exceeded in the UT to Little
Long Creek.
Sedimentation and filter backwash water did enter an UT (Unnamed Tributary) on
March 8 and 9, 2010. What is not being said in the Assessment of Civil Penalties is
that the situation was mitigated within 24 hours of the incident. The sedimentation
that entered the UT was cleaned out and removed. This was done by City of
Albemarle personnel on March 10, 2010. The environmental impact was minimal to
none and the attach photographs will show this. The UT that flows to Little Long
Creek stays dry most of the year. The only water in it comes from the water plant or
runoff from rain. The UT has been receiving backwash water from the 52 WTP
since it was put in operation in 1949. There has been no environmental damage
done to the UT so why now has this become such an environmental threat? The
fines are excessive and should be rescinded. The City of Albemarle "...promptly
abated continuing environmental damage resulting from the violation." The
sedimentation entering the UT was curtailed through operational procedures and
through the physical efforts of crews cleaning up the stream bed of the UT. (See
attached photographs.)
3. a. Failure to collect representative effluent samples during an undermined period of
time.
b. Failure to retain all monitoring information for a period of three years.
Attached you will find three years of Effluent Reports from June 2007 through July
2010. Also attached is a statement from the Assistant Plants Superintendent stating
that the NCDENR regulator "had no problems with the 52 WTP's record keeping."
As per statements from City of Albemarle personnel all records requested by the
regulator were presented for inspection. The problem associated with this
assessment is that it is based on hearsay and has no merit. The City of Albemarle
has been forthwith in providing all information requested by the NCDENR
regulators. The City has nothing to gain by not providing information. The
assessment is not warranted and clearly punitive in its application.

The City of Albemarle has been open and honest in our dealings with NCDENR. It has
yet to be ascertained whether NCDENR has been honest with the City of Albemarle. The
assessments applied are excessive. Our documentation shows that we are correct in our
assumption. The 52 Water Treatment Plant serves the citizens of this community with
potable drinking water. This plant is critical to the survival of our citizens. We have been
doing all that we can to rectify the shortcomings of this water facility. We are aware that
upgrades to this facility must be made to deal with the waste products. We have also seen
by our experiences at our wastewater treatment plant that improvements to municipal
infrastructure are very slow due to the NCDENR bureaucratic structure. Our ability to
affect change at our water treatment plant is controlled completely by NCDENR.
There is nothing we can do to change that except object, in the strongest terms possible, to
the excessive assessments levied against our community.
Respectively,
Ernest D. Borders, ISE, EI, CET, ASCE
Director of Public Utilities
Attachments:
Capital Improvement Plan: Hwy 52 WTP ® February 2009
City of Albemarle Personnel Statements
Hwy 52 WTP Training Checklist (examples)
14lemiorandum Addressing Dechiorination of Storm Drainage and Plant Discharge
Memo addressing Plant Discharge Operations
Plant Operators SOP
NCDENR Effluent Reports — June 2007 through. July 2010
CC: Raymond I. Allen, City Manager
Mayor Elbert "Whit" Whitley
David Beaver, City Attorney
file
4

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CITY OF ALBEMARLE
NPDES PERMIT NC0044024
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2010-0050
Having been assessed civil penalties totaling $37,797.08 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated Au ust 25 2010, 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
This the 2,04'4 day of
BY
e-mail

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2010-0050
Assessed Party: City of Albemarle
Permit Number: NC0044024
County: Stanly
Amount Assessed: $37,797,68
Please usc this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver _o[Rtht to an Adminis r tive Heath d St' ion a
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed)„
(a) one or rriore of the civil penalty assessment factqrs in N„C.G.S. 143B-282,1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
b) the violator prom abated continuin environmental dme resujjpg from Me
prevent future
violation
Le., explain the steps thas you look to correct the 'iillation anr
occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain
violation was unavoidable or something you could not prevent or prepare for);
.e
(d) the violator had not been assessed civil penalties for any previous violations;
(e) e• h civi v•en a e I for the remaining necessary
remedial actions (i.e., exp. . how payment o • the civil penaity will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

Ids.. ALI
North Carol'
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment and Natural Resources
CERTIF. IE.D M. L
RI TUR, RECEIPT REQUESTED
71108 1140 0002 2716 1275
Nir, Raymond Alien. City Manager
City of .Albemarle
Post Office, Box 190
Albemarle, North Carolina 28002
Dear Mr, Allen:
Division of Water Quality
Coleen H, Sullins Dee Freeman
Director Secretary
'January
rf
0
Subject: Notice of Violation
Bypass of Dechlorination Syster
Highway 52 \VTP
NPDES Permit No. NC0044024
Stanly County, N.C.
Tracking 4: NOV-2010-PC-t101:
This Office received a verbal notificatitrrt orr Decerjtbe.r 2.2, 'Zdlttcl teg rding a bypass of the
dechlorination system at the City` of Albemarle's Highway 52 Water Treatrncr t Plant (W'T'P), The bypass
occurred on December 22, 2009 and approximately 4,000 gallons of chlorinated w
dechlorination) was discharged into Little Long Creek_ This bypass was attributed to the dechlorina
pump not operating properly and the operations staff failure to cheek the dechlorination pump during a
filter wash cycle. This is the second bypass rrotificatiora received by this Office regarding a bypass of the
WTP's deehlorination system, The initial bypass was reported to this Office on (October 2 , 2009 for the
October 22, 2009 discharge of approximately 7,200 gallons of chlorinated wastewater any
dechlorination) into Little Long Creek. This bypass was also attributed to the dech,lorination pump not
operating properly.
Please be advised that ilia City is being issued a Notice of t°`iolation (Nt,) r) f r the bypass of the
dechlorination system and the City's failure to ltro ide proper opera arrd nraintenanc.e, both violations
of the subject NPDf S Perrnit and North Carolina General Statute (G.S.) 143-215.1. Pursuant to G.S.
1.43-215.6A, 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 with the terms,
conditions, or requirements of any pernit issued pursuant to G.S. 14 }-215,1.
Mooresville Regonccl Office
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rPr
Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 25, 2010
CERTIFIED MAIL 7007 0710 0000 5376 5903
RETURN RECEIPT REQUESTED
Mr. Raymond Alien, City Manager
City of Albemarle
P. O. Box 190
Albemarle, NC 28002
Dear Mr. Allen:
RECEIVED
DIVISION OF WATER QUALITY
Dee Freeman
Secretary
AUG 2 9 2010
SWP SECTION
MOORESVILLE REGIONAL OFFICE
SUBJECT: Assessment of Civil Penalties
NPDES Permit NC0044024
City of Albemarle — Highway 52 WTP
Case Number PC-2010-0050
Stanly County
This letter transmits notice of a civil pena➢ty assessed against the City of Albemarle in the amount of
$37,797.68, including $797.68 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(do not include waiver 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
Raleigh, North Carolina 27699-1617
ice Center, Raleigh, North Carolina 27699-1617
2 N. Salisbury St, Raleigh, North Carolina 27604
19-807-6300 \ FAX: 919-807,6492 ` Customer Service: 1-977,623-674'8
Internet: httpl!'portal-ncdenr,orgiweb!wq
An Equal ©pportunity V Altermatrve Action Employer
0nc
N rthC'ar(
� � illfii

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 must be
accompanied by a waiver of yourright to an administrative hearing and a stipulation and agreement
that no factual or legal issues are in dispute.. Please prepare a detailed statement that establishes why
you believe the civil penalty should be re-mitted, 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:
(1) 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;
(2) whether the violator promptly abated continuing environmental damageresulting fromt
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 preventpayment for the remaining necessary
remedial actions.
1
e
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 o-f the original
remission request considered by the Director. Therefore, it is very importantthat 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 Hearings within thirty (30) days
- of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The 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/time received .stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please be
advised that additional penalties may be assessed for violations that occur after the review period of
this assessment.
If you have any questions, please contact Bob Sledge at [phone], or via e-mail at
'[e-mail].
Sincerely,
Jeffrey O. Poupart, Supervisor
Point Source Branch
Attachments
cc: Mooresville Regional Office — SW P Section
NPDES Unit - Enforcement File
Central Files

S-FATE OF NORTH CAR(
Ti
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF STANLY File No. PC 2010-0050
[N THE MATTER OF: )
)
CITY OF ALBEMA„RLE/ .FINDINGS AND .DECISIONS
HIGHWAY 52 WTP ) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NC0044024 AND )
15A NCAC 02B ,0211(3)(k) )
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, 1, Jeffrey O. Poupart, Point
Source Branch Chief in the Surface Water Protection Section of the Division of Water Quality
(DWQ), make the following:
FINDINGS OF FACT:
A. The City of Albemarle, (hereinafter the City) is a municipality organized and
existing under the laws of the State of North Carolina,
B. The City operates the Highway 52 water treatment plant (WTP) located in the City
of Albemarle, in Stank County, North Carolina,
C. The City was reissued NPDES Permit NC0044024 on March 12, 2009 (effective
April 1, 2009, -with an expiration date of February 28, 2014) for the discharge of
filter backwash wastewater to an Unnamed Tributary to Little Long Creek, class C
waters of the State in the Yadkin -Pee Dee River Basin,
D. 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
bythe Permittee to achieve compliance with the conditions of this permit."
13. Part 11, Section C. (6.) of the NPDES Permit states, in part, that "Solids, sludges
filter backwash or other pollutants removed in the course of treatment or control
of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215,1
and in a manner such as to prevent any pollutant from such materials from
entering the waters of the ,-tate."
F Part '1.1, Section D (I) of the NPDES Permit. states, in part. that "Samples collected
and measurements taken, as required herein, shall he characteristic of the volume
and nature of the permitted discharge, Samples collected at a -frequenc) less than
daily shall be taken on a day and time that is characteristic of the discharge over
the entire period the sample represents."

City of Albemarle/Highway 52 WTP
Findings and Decisions
Page Two.
G. Part II, Section -D (6) of the NPDES Permit states, in part, that "the Permittee shall
retain records of all monitoring information, including: all calibration and
maintenance records, copies of all reports required by this permit. These records
or copies shall be maintained for a period of at least 3 years from the date of the
sample, measurement, report or application."
H. The surface water quality standard for Turbidity in streams not designated as trout
waters is 50 Neph.elometric Turbidity Units (NTU), as set forth in 15A. NCAC
02B .0211(3)(k).
DWQ staff from the Mooresville Regional Office (MRO) observed the unnamed
'tributary to Little Long Creek being severely turbid with suspended solids at a
location near the Chuck Morehead Memorial Park on March 8, 2010. The source
of the turbidity was tracked back over three -fourths of a mile to the City's NPDES
discharge outfallfor the Highway 52 WTP. A downstream stream sample was
collected arid the turbidity result was 20 times higher than the stream standard for
turbidity set forth in 15A NCAC 02.B .0.211(3)(k). See attachment A for a listing
of the sampling results. Photographs were taken of conditions in the stream.
MRO/DWQ staff performed a compliance sampling inspection at the Highway 52
WTP on March 9, 2010. MRO/DWQ staff determined that the high turbidity
values observed in the UT to Little Long Creek were caused by the City's failure
to properly drain a sedimentation basin during a scheduled cleaning that was
initiated on either March 7 or March 8, 2010. In addition, DWQ/MRO's
inspection revealed the following:
• the dechlorination system was not being properly activated during filter
backwash discharges (initial draining)
• the filter backwash wastewater was not being sampled for NPDES compliance
monitoring (only the filter rewash wastewater was monitored)
• all monitoring information (laboratory results, location., time, date, collector
name, etc.) had not been retained for a period of three years (no data available
prior to April 2009)
• effluent samples collected by DWQ/MRO staff of the filter backwash
discharge exceeded the NPDES Permit effluent limit for total suspended
solids
• the filter backwash discharge caused the water quality stream standard for
turbidity to be exceeded.
Photographs were taken of discharge and of the conditions within the receiving
stream. See Attachment A for a listing of the sampling results.
K. DWQ/MRO issued a Notice of Violation (NOV)/Notice of Recommendation for
Enforcement (NRE) to the City on March 29, 20 [0 for the violations and/or
deficiencies observed by. DWQ staff on March $ and March 9, 2010.

City of Albemarle/Highway 52 lTP
Findings and Decisions
Page Three
The City's prior record of compliance with programs over which the
Environmental Management Commission has regulatory' authority is as follows:
A civil penalty (Case 'LV-2009-0295) of $850.00 was assessed on August 20.
2009 for a violation of permitted flow monthly avera,4e limit. The penalty' has
been paid in full. The City was issued an NOV for improper operation and
maintenance and unauthorized bypass of the dechlorination system on January 8,
2010.
M. The costs to the State of the investigation and enforcement procedures in this
matter totaled $797.68.
Based upon the above Findings of Fact, 1 make the following:
CONCLUSIONS OF LAW:
A. The City is a "person" within the meanmg of G.S. 143-215.6A pursuant to G.S.
.143-212(4).
B. NPDES Permit NC0044024 is required by G.S. 1.43-21.5_1,
C. NPDES Permit NC0044024 contains terms, conditions or requirements regarding
proper operation and maintenance, removal of sludges and solids, retention of
records and representative sampling.
D, The unnamed tributary to Little Lon,.., Creek constitutes waters of the state within
the meaning of G.S. 143-215.1 (a)(1), pursuant to G.S. 143-212(6).
15A NCAC 02B .0211.1(3)(k), the water quality standard for turbidity in non -trout
waters, is a water quality standard established pursuant to G.S.143-214.1.,
The circumstances leading to the March 8, 2010 discharge of solids laden.
.wastewater from the Highway 52 WTP constituted failing to provide proper
operation and maintenance of systems of wastewater treatment and control, in
violation of NPDES Permit NC0044024.
G. The City violated Part 11, Section C. (6.) of NPDES Permit NC0044024 on March
8 and March 9, 2010 by failing to properly dispose of solids and by discharging.
sediment basin and filter backwash solids into waters of the State.
The City violated Part 11. Section D (1) of NPDES Permit NC0044024 during an
undetermined period of time lasting until March 9, 2010, by failing to collect
representative effluent samples.
The City violated Part 1, Section D (6) of NPDES Permit NCOO44024 as noted
during the compliance sampling inspection conducted on March 9, 2010, by
failing to retain all monitoring information for three years, as required by the
FUjI.

City of Albemarle/Highway 52 WTP
Findings and Decisiops
Page Four
General Statute 143-215.6A (a)(2) provides that a civil penalty of not more than
twenty-five thousand dollars 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.
K. The City violated 15A NCAC 02B .0211(3)(k) on two (2) occasions - March 8,
2010 and March 9, 2010, in the manner and extent described in Attachment A, by
causing the water quality stream standard for turbidity to be exceeded in the
unnamed tributary to Little Long Creek.
General Statute 143-215.6A(a)(1) provides that a civil. penalty of not more than
twenty-five thousand dollars per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1.
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).
N. Jeffrey O. 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, I make the following:
III. DECISION:
Accordingly, the City is hereby assessed a civil penalty of:
7$W.
$ 7500.
For violation of Part IL Section C. (2) of NPDES Permit
NC0044024, by failing to properly operate and maintain
wastewater treatment systems and controls as determined by DWQ
staff during. the March 8, 20.10 investigation and the compliance
sampling inspection performed on March 9, 2010.
For violation of Part E., Section C. (6.) of NPDES Permit
NC0044024, by allowing sedimentation basin and filter backwash
solids to enter waters of the State on March 8 and 9, 2010.
For violation of Part II, Section D (1) of NPDES Permit
NC0044024, by the City's failure to collect representative effluent
samples during an undetermined period lasting until March 9,
2010.

City of Albemarle/Highway 52 W£TP
Findings s and Decisions
Page Five
For violation of Part 11 Section D (fa) of NPDES Permit
C00 40 4, by the 'it s' ain all monitor r
infrormotion for a period of three years, as determined by°
DWQ/MR0 staff during the compliance sampling inspector
performed on March 9, 2010.
For of two (2) violations of 15A NCAC 02B .0 11()(k).
by causing the turbidity water quality standard to be exceeded in
the unnamed tributary to little Long Creek on March 8, 2010 and
March 9, 2010.
79'7.68 Enforcement costs;
TOTAL CIVIL PENALTY
Pursuant to G.S. 5.6A(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 fortl in G.S. 143 -
2 .1(b), which are:
The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air° quality
4) The cost of rectifying the damage,
) The amount of money saved by noraeomplianc„
(6) Whether the violations were cor .r itted willfully or intentionally,
(7) The prior record of the violator in complying or failing to co ply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date)
1
y 0. Poupart, Sul ervisor
Ponti" Source Branch
Division of Water Quality

Date
3/8/2010
31912010
ATTACHMENT A
City of Albemarle/Highway 52 WTP
NPDES Number NC0044024
ANALYTICAL RESULTS OF SAMPLES COLLECTED BY DWQ/MR0 STAFF
Parameter
Turbidity.
TSS
Turbidity
TSS
UT to Little Long Creek
Upstream
68 NTU
Hwy. 52 WTP UT to Little Long Creek
Effluent 100 ft. Downstream
230 NTU 220 NTU
196 ingiL
UT to Little Long Creek
Downstream at Park
1,000 NTU
15,000 ragIL
Note:
- the TSS (total suspended solids) effluent permit limit is 30 mg/L (monthly average) and 45 mg/L (Daily
Maximum).
Park (as listed in the Downstream Sampling Location) represents the Chuck Morehead Memorial Park
that is greater than 3/4 mile downstream of the City's Highway 52 WTP NPDES Discharge Outfall.

&TA E 0 yit) TI-I CA .OLI
COUNTY Y O1 S I'Ai L ''
IN THE lMl: TTER OF ASSESS 'MVP
OF CIVIL PENALTIES AGAINST
CITY F ALBEMARLE
LE
NPDES PERMIT NC0044024
assessnen
$ ..R I \ LNT OF EN VIRONN 7NT
AND \TI.tR \L RFSOURCI S
AIVE. OF MD "F0 AN
ADMINISTRATIVE HEARING Ai
STIPULATION OF FACTS
FILE NO. PC-2tl 10 0050
mg been assessed c.iail penalti .s tot ahn . 37$797. 8 for vrolation(s) as set forth is the
y dated August 25, 2010, the undersigned,
desiring to seek remission of the crud penalties, does hereby waive the right to an adiaainistrativE
hearing in the above -stated matter and does stnpulat that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of rem in
of this civil penalty' must be submitted to the Director of the Division of Water Quality i ithin
days of receipt of the notice of assessment. No new evidence in support of a rernissfi ra request will
he allowed after 30 days from the receipt of the notice of assessment.
&acum nt of the Division of
This the day et ?tl10.
ADDRESS
BY
phone

JUSTIFICAT!ONFORREMISSION REQUEST
DWQ Case Number: PC-2010-0050
Assessed Party: City of Albemarle
Permit Number: NC0044024
County: Stan y
Amount Assessed: $37,797.68
Please use this form when requesting remission of this civil penalty, You must also complete the
"Request For Remission, Waiver,of .Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to.
consideration of the five factors listed below as they may relate to the reasonablenessof 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 docurnent. Pursuant to N.C.G.S. § 143B-282.I(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
additionalpages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (ie., explain the steps that you took to correct the violation and prevent
occurrences);
(c) the violation was inadvertent or a result of ”an accident (Le., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d)
violator had not been assessed civii penaities for anv nrevious vi
(e) piyrnent of the civi
aymentfortherernaining necessary
rernedial actions (i.e., explain how payment of the civil penalty ,ill prevent you 0171 performing
the activities necessary to achieve compliance).
EXPLANATION:

DIVII()Ni.OFAVATERcQUALITY
Jilne
1\4EMORANDIIM .TQc. •-
PRONic. Al.lotcbtAibtirig......,i,CtagParial.
PREPARED ..137',i2
SII.BJECIR
Albetnarkilii.iallavay. 52 1,,,N-17?
Stanly
Attach...,ad.a.s......an.:41fo.roem..erkt..raport.
NC0044924 :a401Nc.GS1:241-215:1, Al.80..01C10S4418Hthe:PreV1( 4S compliarlee11fl
n;ndSt4e. pittuteS. and
I)V,1..(a?.1..MR.(1) staff.:Cturitag.the inspetions.. ind.40.ingstil.e:fly1110-kysnps, 13.asedsupnlin:40:.niunie:roqs
v1al1tisons.4::.tb.alscqiotjnuet(ndsit.e) and 0..tirste:Oew: fh.esrespohsesnan.enfotce:tnttt. action. is: stj.I.1
:foto.nitne.nd.e4:,
..l'Ott..:baNi'e:-:question....s Otst&-tnitOnidditional: inform.::ati)nnpleasenolitad NVois
1.\:ttakahrtuat.R..s..
\VB

STATE OF NORTH CAROL— A N(1)RTH. CAR,OLINA DE.PAR'f NIE.NT
NT AND N.,..,\TURAL RESOURCES
C(11.4..JN'IN OF S'EAL.Y File No. PC
IN -ERE MATTER. OF:
)
CI EY OF ALPE:NI, :\ RILE: ) 1 IN.1 ).1,-N(3rS2\N1) DECISIONS
IIIGHWI-'-`,LY 52. \VIP A„ND ASSESSMENT OF
) CIVIL PIF„NALTIES
FOR VI.OLAT.IONS (,)P, )
NPDES „PERNIFT NO, NCO:1)44024 )
AND NORTH C,,VI.Z.O.LINA. GENER.AL
143-215.1
Acting pursuant to delegation provided h t.17,,ce Secretary of the .Deparment
Environment and Natural Resoures and the Director of the. Division of Water Quality, I. Jeff
Poupart, Point Soarce Branch Chief -in the Surface Water Protection Section of the Division of
'Water )u.a.lity, make the following,
Fixirgtios01
The City of Albemarle, (hereinafter City) is a nntnicipality oraanized and existing
under the laws of the State of North Carolina
The City operates the Iii.pihway 52 water treatment plant C\VIP) locatcd the. City
o.f Albemarle, pS unity County, Narth Car(„)lina,
C, Pic City v,as reissued NPDVS Permit No. NC0044024 on February 6., 200-1,
(effective March I, 20(0, with an expiration date of February 28, 200) for the
dischan,te of Filter backwash wastewater to an Unuained Tributary to Fitils--2 1 onc_
Creek„ chiteri. or the $totc in the Yadkin -Pee Dee RI\
D. 1 he Permit 6,-yatains the following relevant monitoring requirement for Outran
001
Monitoring . E ffluent
, ,
Parameter ! R.equirement 1 Sarnple Location 1 Limitatml
! .
Settleable Solids Weekly
„.„.
Effluent i OA mill_ (DN4)
Ttirbidity Weekly tj,D
Upstream
1) -- Downstream ---- Daily Maximum
E. T[he Lit v %vas reiss'ued NIPDFS Permit No, NC0044024 on Niarch. 12, '"00.9
April 1. 2.009, 'with an expiration (late. of February 28, 2.()101 for the
discharge of filter backwash wastewater 0 an Unnamed Tributary to Little Lon.:,
Greek, class ( tv,itters of the State in the Yadkin -Pee Dee River

City of Albernarle/Hi_ w.4 52 P
Findings and Decisions
Page Two
F. Part II, 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 appurten.ances) which are installed or used by
the .Perinittee to achieve compliance with the conditions of this permit."
G. Part II, Section D (11, of the NPDES Permit states, in part, that "Samples collected
and measurements taken, as required herein, shall be characteristic of the volume
and nature eft 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.
Part 1.1., Section D O) of the NPDES Permit states, in part, that "the Pennittee shall
retain records of all monitoring information, including: all calibration and
maintenance records, copies of all reports required by this permit. These records
or copies shall Inc maintained for a period of at least 3 years from .the date of the
sample, measurement, report or application."
he surface eater quality standard for Turbidity in streams not designated as trout
waters is 50 tiephelornetric Turbidity Lnits (NTU), as set forth in 15A NCAC
0213,0 2 1 1 (3)( k),
.,1P.C..)1f1VC,,,) staff observed the unnamed tributary to Little Long Creek being
severely turbid with suspended solids at a location near the Chuck Morehead
Memkirial Park on March 8. 2010. The turbidity wiiis tracked back to the Cit,.'s
NPDES discharge outfall for the IliEh‘Yay 52 WTI'. A downstream stream
sample was collected and the turbidity result was 20 times higher than the stream
standard for turbidity set forth in I 5A NCAC 02B .0211(3)(k). See attachment A
for a listing of the sampling results,
NIRO/DWQ staff pertornied compliance sampling inspection at the subject
facility on March 9,, 2010, Mft0,„'DWQ staff determined thitt the high turbidity
values vere caused bv the City's failure to properly drain a sedimentation basin
during a scheduled cleaning that was initiated on either March 7 or March 8,
2010„ In addition, DWQ/MRO's inspection revealed the f011owing: the
dechlorination system was not being properly activated during filter backwash
discharges (initial draining), the filter backwash wastewater \ vas not being
sampled for „NPDES compliance monttorin„g (only the filter rewash wastewater),
several effluent settleable solids and instrearn turbidity monitoring frequency
violations were noted on the March 09 DMR, all monitorinct information
tlabor,ittory resuksjocation time, date, collector name, etc.) had not been ret lined
for a period of three years (no data prior to April 09), the effluent samples
collected by :I„„)WQ/MRO, staff of the filter backwash discharge exceeded the
NP DES Permit effluent limit for total suspended solids and the turbidity water
quality stream standard. See Attachment A for a listing of the sampling results.

City of AlbenlarletHighway 52 \VIP
Findings and Decisions
Page Three
DWQ/MR0 issued a Notice of Violation FNOV)/Niotice of Recont=pdation for"
fOreement (NRE) on March 29, 2010 to the City for Cie foilowirv: Fin UreS 1:0
provide proper operation and maintenance and colrepresentative effluent
sampk.',s, monitoring violations, efildient 1IIi 1vio!ations, and w(:i.ter 0 Ld1IUstre'am
standard violations (non -trout waters). for turbiditY
N-1„ The City's prior record of corrip:Fince with programs over which the
Eiwiroarnental Managernent ('ommiss.ion has regulat(,)ry authority is as follows:
A civil penal t%, (Case No. 1 V-2009-0295) of S850..00 was asscssod Oil August 20,
009 for 3 ViOlatiOrl Of rermiLted flo\\ monthly average limit. Ine penalty has
been paid in full. F1-1,2 City ha been issued 1.in NOV for improper operation and
maintenance and unauthorized bypass o the dechlorination s,,steni on January 8,
2010 1"he City was issued an NOV:NRE. for the compliana.- ainpiing inspection
performed on IN Taro h 9, 2010
The costs to the. State of .the investigation and enforcement procedures in this
matter totaled $797.68.
Based upon he above Findings .of Fact. 1 make the .following:
IL CON C
The, City is a "person" v.ithin the meaning of 0,S. 1.43-'215.6,A pursuan o Ci(S.
143-212(4).
BPDES Permit No, NC0044024 is required by (i.S.. 143-215.1,
The conditions within the subject permit regardingrtninc reqinrement's.
proper ()re:ration and maintenance, and representative sampling( are terms,
conditions, or requirements of said permit.
D. The City violated (IS. 143-215,1 ',ink', NPD1::S Perinit NC004407.4 on four (4)
occasions du inc the month of iviarch 211)09, in the manner zind to the exter:it
described in .,,kt.hiehinent by failing to monitor effluent
The City violated G.S. 143-215.1 and NPDES Permit NC00(1,4024 on three (3)
occasions during the month of March 2009, in the .rnanner and,. to the extent
described in Attachment „ by failing to monitor upstream nabidity.
"lhe City vioFited (FS 143-215.1 and NPDES Permit NC0044024 on three C3)
occasions during the month onMareli 2009, in the MaillICT jid t the extent
described hi Anachnicrit A, by failing to monitor do \An:stream torbiclitv
-File City violated ("3-,S.. 143-2:1..51 and NPDF.'„S Permit NC0024244 as noted. during
the compliance samplir4ii inspec.tion conducted on :Nlarch 9, 2010, by failing to,
provide the pror(er operation ;..ind rm.iintenatlee at 11e wastewater treatment facility.

City of AlbenaarleiTlighway 52 WIT
Findings and Decisions
Page Four
The City violated 15A NCAC 02B ,0211(3)(k) on two (2) occasions on March 8.
2010 and .March 9, 2010, in the manner and extent described in Attachment A. by
violating the turbidit,„' water quality stream standard,
1. The City violated G.S. 143-21.5.1 and NPDES Permit NC00124244 as noted during
the, compliance sampling inspection conducted on March 9, 2010, by- failing to
collect representative effluent samples„
The City violated G,S, 143-215.1 and NPDES Permit No. NC0044024 as noted
during the compliance sampling inspection conducted on March 9, 20:10, by
fat ling to retain all monitoring information required by the perrit.
A civil penalty may be assessed in accordance with the maximums established by
G.S, 143-215.6i-10)(4
1 The States entbroement costs in this matter may be assessed against the City
pursuant to G„S„ 143-215.3(a)(9) and 0.8, 143B-282,1(1*—Y)
M. Jeff Poupart, pursuant to delegation provided by the Secretary of the 11.1)epartine.nt
of Environment and Natural Resources and Director of the Division 'of Warcr
Quality, has the authority to assess clvd penalties in this matter,
Based upon the above Findings of Fact. and Conclusions of Law,. 1 make the following:
111. DE:VISION:
Accordingly, the City is hereby assessed a civil penalty of
51
For of four (4) failures to monitor for effluent settleable
solids in violation of (3.8. 143-215.1 and NPDES Permit No.
NV0044024 during the month of March 2009„
For of three (3) failures to monitor for upstream turbidity
in violation of G.S. 143-215,1 and NPDES Permit No. 'NC0044024
during the. month of March 2009,
For of three failures to monitor for downstream
turbidity in violation of G.S. 143-215, t and NPDIES Permit No,
NC0044024 during the month of March 2009,
For the violations of cli,S 143-215.1 and Pan 11, Section '02') of
NPDES Permit No, NC0044024, by failine to propor(1 operate and
maintain the wastewater treatment facility as determined by D\VQ
staff during, the March 8, 2010 investigation and the compliance
sampling inspection perfomied on March 9, 201 0,

....Cit)!'.01'..AlhornatIOItighway 52 NVIP
Findings 0:ttf3-11,eckloti,...s
Fotenty, 017 ItaitO (2)-9)iol„Litions ui
ihy exceedinatthe, ttalildity wate•r•-qual.ity•••standatdt:on-.,Nfarch
and.J.Nfarth 20•1•0,
• Iton tL(1 icoll.ect• representative•efflunht's•aniples„ . as
LI )N,VQ)atahliduriliz:the,tcornplianne..•,sartipliing,.
inspe:cti.ott •ti•ohltb•nrited oniNtatch 9, 201.1)ein •stii,)•iation, oft9ftS.1)43-
21.5„1,NfillYES.,Pertnit•NO)),NC0044-0.2.4t-
For tho. ,E)it.ate•to•hetatn.tailt,rnoni-tortng,:anfOrntation.
ehioti„)nf:•three-•.••years„ a..sidetertninedthy 1 1NVQ/i91,R0
the compitance .csarnpiingan.spection perfOrtned. on_Marcit 2„9:10„
intv•ittiation. :o.17(9),S, ,1)43•92.1,5•,,1 an.d)..NRDE,S .Perani.t,
N(90.04)402-4„.
hithoncernentcosts,.
.••• ursuantio•-iii: St 11 15).6)4\,..(e).„)i.n„- detetininitig.the-•ailiOtitit thetpet..httyl.
iot annotint, the ltindin.•gs.)af.Fa.ct and ColichisiOns,ofthaa9 •and It hicters sot ..fhttli.itt
0)).„twititch.,aret
t1he•••4egree•a)11textttt1nOfhhtifrnttbtt1etti.atnt•11.1)e)_)hntnehnOttthe• ate,nto..-theepablin health„
to •••f.„)..riloate. property .1),‘„,,)„,sulting......fronitheiviolationth
,(2) • '.17,1ye -duration and .grayity tirthe •violationat
tithe offeation loUnd 0 41 o L ak r quatitity.or ghalitysefttitihtt quality; .
thhostost oferecttit,'itig: thesdatnageo„
{Thetarhounttof 11101 0 L 1byhohoothpl....itititet
•{6). .)0/hother-thesviollatioristworehothnittedtwilifittly 110t.ehtiohallyt
'The priottreaohd (tithe Yintatotin, homplying ortfitilittgTe etstnplysooith programe)hyor
vhieh. t1 1 J 11 1 l \ 1 40 10) tl ha,$)-teghiatory•authority; anti
,($)1 1e),00a4to ..:th...0••,$t ate-ofthe t),•,,nfithoohneti(: procedures{
JeffPoupant
Point Soltroo Brant]) Chierf
Divisicin of \\rater (,))a.latir,,,)

...ATTACILEMENT A
City bfhtdbetndrletHithhiggay-S2'VPTP
NEDES...Number NCOCi140214
Alionitoring 41(iciliatOnS
Mbintoring .Sa.liiiplei - ... :Ntitrthet010
.. i p....,,,117.41110.t0:t ...• amaiii 1•
...A.ik iiee.lirdrittengia i••• Lipteatidin iViiittatiOna
ii.
SettleableSittids. 311109.--33117.10.9i : weekly illi 1.
01„/.8109.— 3144109. ailienikly ..E ' " t ..• .4:
011:5109..— 3.12.1109"k1
3.12209.• 3128/09 threekly El •
Ittibidity ...3(1.100•-- 312109 ...likalitikiy. - flip:
3/8/09"— 3.1.1.4109. iiittehekly " titip: - n
31.2.2./a9. at 3128/09. tweekly ... Llith .. - ....2
4 —.Upstream JD etttft)ttat•tttnsrt.tteatm t1':teettlift710..ttata ••
Ftate
Total: 1
.ANtt\J.,YellcAL•RESVLTS OF ....S.AtNI1 1...1$ cO1I2Ectf Eptitt3tY IA.VQ.tttNERO tSetAFE
Parameter
Cattek ' tritaty, WTP•
Upstream -Efilatent •
•••••••••••••2 •••••• • • ••••-••••
318312010 I., ...'11.nriliii1ity
ati • 1 --4-
1 titSS 1
• • 4 . • ; -4 ---- - .
,,.
3.192.01.0 1 Tittritttitt.y 6:8 Nittar•
[
TISS
:tit Littlet.MOL. Cteek l• LaeLithe .Ntatat creek. •
••1 „ .. . • '
.100.11taD.ow1streattt ...Dovoastre.tam it .Paek.•
t •
Nit:5. .. i.
, 1 1.5„..000 mtatt i:
_ .....,‘
230 NTU 220 Neill
'16 mg/1.,
Note:
the ISS (t( tal suspended solids) effluent permit limit is 30 mgele (naonthly average) and 45 tingilb (Daily
taximu.nri
Park (as listed in tile Downstream Sampling Location) represents the Chinch Morehead Meinorial Park
that is greater than mile downstream ofthe City's Highway 52 WiF11 NPDES Discharge Outidll,

DIVISION OF WATER Q UA Lifl
.ENTORCEINIENT CASE .AS,si;ESSMENT „Fi„.(-TORS
1 vpc: (PC) Permit Condition Violattons
Violgtor: City of Albemarle
Vldress: Post ()fce Box 190
1beznarle, North Carolina 28002
Cont. Raymond Allen, City Manager
Registered Agent: Ravmond Ar.ten
Facilitv: City of Albenlarlc/Hhway2 \VIP
,ls';PDES Permit No. NEll,0044P4
Regional ()ffice: Mooresville
The degree and extent o,1 harm to the natural resources of the St:gee% to the public health,
or to prktatc property resulting frorn the violations:
No h has been measured or documented: however, the discharges of. the filter
backwash am,' sedimentation basin Imve resulted in water qt.g.tlity stream starglard
violations ,md potentially the degradation of the receiving waters (unnamed tribuuttrg; to
Little Long (reek), In addition, Little 1 Greek is listed on 2008 North. (l.l,trolina
030) List of Impaired Waters for benthic ecologict,t1 ancl biological imegritv and has
been listed as impaired since 1)98s 1 d'1t1 11IAVEI: WTP
may be signant contributor to this impairment
lhcdur, ition and gravity of the violations:
The watcr plant staff 17,21C1c,,VaSli; in 1ir per J tia rain„i mum) startin on Niondays
and continuing through Thursday (there arc eight total filters). The duration of each filter
backwash is approximately 1 minute. tille filter back‘vash wastewater discharge has
occurred for many years and continuett to (laic. fhe WIT staff also drain and dean out
one sedimentation basin (eigltit total) once every 1 - 2 weeks, Elie discharge resulting
from the draining and cleaning of the sediment basin was observed by DWQ,/,\IR 0 on
March 8, 2010; however, the dmin„ingleleaning may have been initiated on March 7,
010,
The effect on ground or stall:lice water quantitg..- or quality or on air CillalitY:
The results of the st:impling pert:on:fled by D WQ1VIRO staff revealed that the turbidity
from the City's filter backwash discharge on March 8 was 20 times higher than the
turbidity water quality standard and 4 in higher tlian. the ogrbidity .,,,vater quality stream
standard (A-11\ilarch ), 2110,

City of Albemarle Long Creek
Assessment Factors
Pare Two
4.
al-fling/clean'i
tir e.iy'ir I rr �.ntal darna has I eei
The amount o money save,
rrn:rintairti
n.
sedimentation
however,
v�C:[.
the C
1 +1 \ tf h .- � l
el, 'The �il��. a3i�c the, WIT a,T d� ' Id � r`'„ ri:.iJti y uete.E',`ITiII.per
' in valve poatr n " �,'a. turn) t at i ould ensure the d:
o the. sedimentation basin would be kept in the wastewater collection
Ia�tocols were, not properly- i`ollowed March 8., 201 0.
a nerve.
1 he City was issued ro
and the unauthorized bypass of the de,c
2009,. In addition, the City was isa
r rl� plin ins ection performed on Aare
11„
The cost to the State of the enforcement procedures:
Central Office Rev -AN, and. IT r'
22...0 hours by
1.0 hour l:or Supervi
1,0 hour fo suppo
e of
Cityi
ch"ar?e.
dener4al nature ofbusiness
h
ith 1. rograrns over
— $100.00
_: $7 4. 5
37.83
I,00
7 68

City of Albemarlelong Creek .WW-FP
Assessment Factors
Page 'Three
deoTee 1coot7eration (including effitixts to prevent,: or re.:.Aere) or r,,TtAlcit.rt-inct:h
The City has ecoperative indis irpv-est.(2,a.ting, tht„t. connection of all Wit) wastewater
to the wastewater col ,.c..t.i(t)n. system for final treatment anc lisposal at the Loniz
l rumstancs:
'Me Highway 52 \VIP waste..water is d'ischir,zed into a concrte piping systin that flows
(by gravity) into a downgradient manhole, This manhole and do-,,,listrair, collection
system are not capable of handlinp: the hitr2c, flow volumes from the filter rewa3h and
backwash disdiarges. s-\171 OLitt NNeir (NPDLS permitted (geol') was constructed in tills
manhole to dischargx the wastewiter not contained in the manhole/collection stern,
The, Itiler,va-y 52 WIT does not operate 24 1 per day (approximately1 0- 1.2 hours'd
and the water COILLITIT1 ci tOp Of all ei;)11t filters has to be discharcted prior to eticth. day of
tratinm41producing potabl.e. wtIter. 11 WaStzttStIeLtdil iti referred to as the filter rewash
water and is the ‘vate,r tlAtat has been through the floccultition and sediment atior, proces'ses,
All eight .filters itlischargc he filter rewash -water at one time and this lairc volume of
water flows into the piping system and disc haraes at the manhole with the NI PDES
The City's II4way 52 \VIP PDES Pe:rrnit only requiresn ice per month effluent TSS
stn,Tipling, No effluent 1 SS limit violations hae becn rt,iported in over five vears due to
the Dick of representative elft ticnt sampling, Prior to DWQ's inspections perform'ed
arch 20 0, City personnel only stimtpled the filter 1ei,A;,,,s11 discharge, 1112 Cir;
porsonnsilc LFIsamoling the filter backwash ithmedittttcly folloWiiW the :Vtarch 9, 2010
inspection, cor-renty‘11 tr ri,-,-s,,,:vash and back:wash effluent samples are collected (2-total)
for each of the twice per month samplin4 events. 1112 average of the tv,ro results
reported on the DN,IR. 1 )WQ/MR0 staff were informed by the Citys personnel that the
faciliP has not been in compliance with the LS'S effluent permit litnit since the filter
backwash has b,t:en included in effluent monitoring required ttrider the NPDES Permit,
The City violates the effluent -FSS perinit limit and water quality stream standtird
turbidity (non -trout streuns) every day the 1 are backwashed which is ct.irrently 1111
at MTh intlIM Of fOUI dLtyS per wtek (Monday through Thursda,),),
1-„)WC,)/MR0 staff rt'sanmied 1112 .filter backwaSh iflhidut and unnttrned tributary to Little
1 on Creek on June 3, 2010. The res-Lilts of the sampling are as follows:
i 1
i 1 _ . .
lit 1.,„1111e t\ritn. CrefA 1 ftwy. 52 1.VTP I lit Little NItin. Creek
Date. ,Ii i)arameter S 1 I 00 Ili_ rownstinm
lip,1„reaRi .
Effluent
61:
12, 0 NTU 70 NIL.:',-
I 0 ' Turb id ity i 7 . S N'TU
1, 2 11'44L., 1 67 rm6'1_., 8 4 [TIP' 1 ,
; . ..., ., i
As can be viewed., II1(i, MEI:tent front City' s II ighway .5:2 WIT NP.D.ES Outrall V; a::, ill
violation of .the effluent 1 permit limit and the turbidity \vater quality stream standard
for non -trout waters

City of b
sessm
Page "o
Str 1 : Unnamed tri ut are op
nditions Pa. e ched
MR:
r t
ph toy;: Attach : .
Cat

The unnamed tributary tc Lithe Mountain Creek at the culvert outlet at NE Connector and Northwoods
Lane.

Pictures taken by DWQ Staff on March 9, 2010.
arced tributary (Prier to discharge event) downstream ol'the Hw
with residual anthracite ill ter media - black color) and alum sludge (ova
uent discharge
side of tributary).
ramed tributary downstream o tl�e Hwy, effluen
to a disc la-

The ent being discharged during a filter backwash event. The elfi trent
suspended solids and turbidity were measured at
6 mg/1 and 230 NTU.
Unnamed tributary downstream ofthe Hwy. 2 eftluent discharge during a filter backwash event. The
upstream and downstream turbidities were measured at 6.8 NTU and 220 NTU.

The Highway S WTP's process wastewater flows into a manhole via 18" concrete pipe. The 8" ductile
iron pipe is the outlet to the City's wastewater collection system. Note; The flow seen in picture is from
turbidimeters, sink drains, etc. and not from filter rewash or backwash discharges. The filter rewash and
backwash discharges flows over the wooden weir (approximately 10-12" in height) and through the
NPDES ©utfall located on the right side of the picture where the steps can be seen.
This is during a filter rewash discharge event and the water level is approximately 2-3 feet from the top.

The filter rewash being discharged through the NPDES©utfali. City staff had an sampled this water fa
compliance monitoring (under the NPDES Permit) up to March 10.
The ut to Little Long Creek downstream of the NPDES Outfall ( 150 ft.) during a filter rewash discharge.

o Little Long Creek upstream of the Highway 2 °'TP PI)ES Out

b RC) staff on March 11, 2010.
The access port for the mud valve
bottom of the sedimentation basin (appro
555
The equipment used tco open t.
sedimentation basins and each b�
rd valve on t
is equipped with two
n he seen extendin
S feet deep).
en en
di
nto the v ti°ate
e mud
fib
hat is located on the
t:f

Pictures taken by DWQ/MRO staff on March 24, 2010,
he sludge level prior to openin
at this location.
The sludge le«gel is approximately 7 _ c} feet deep
mid valve has been opened according to protocol (3/4 valve turn). Note the amount of sludge
discharged following the initial opening of the mud valy

~
"W,
The sludge being discharged bom the initial opening ofthe mud valve.
ThcPI)FS ouL§U is on the
right side nfwooden weir. A m iVrilyohhco|odge remaining in the mcdnoeo1u ioo basin (following the
rcmovm\o[the water) has tohoremoved hvusing fire hoses. This iyonexomph:o[the wastewater

backwash being discharged (via NPD1 S
Ut to Little Long Creek directly downstream of the High
e ut to LittLong Creek.
y 52 NPDLS °uttall.

Ut to Little Long Creek pstream of t%e igl way P NPDEOutfa

AFp Michael F. EasPey
Governor
William CI, Ross, Jr,, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E„ Director
Division of Water Quality
Febmary (, 2004
Mr. Gary 0, Smith, 11
City of Albemarle
P..0. Box '190
Albemarle, North Carolina 28002-0190
Subject: Issuance of NPDES Permit NC004402,1
Albemarle WIT)
Stanly County
Dear Mt, Smith:
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 143-21.51 and the Memorandum of Agreement between North
Carolina and the U,S, Enviroamenta.1 Protection Agency dated May 9,1994 (or as subsequently amended).
This final permit includes no major changes front the draft permit sent to you on I)ecembet 3, 2003.
This permit includes a 'FRC limit that will take effect on March 1, 2007. If you wish to install &chlorination
equipment, the Division has promulgated a simplified approval process for such projects. Guidance for approval of
dechlorination projects is attached.
If any parts, measurement frequencies or sampling requirements contained. in this permit ate unacceptable to
you, you have the. right to an adjudicator), [wining upon written, request within thirty (30) day:7, folk.)wing receipt of
this letter. This request must be in the form of a wtatten petition, conforming to Chapter 15013 of the North Carolina
General Statutes, and filed with the Orrice of Administrative I-Tea:rings (6714 Mail Service Center, Raleigh, North
'27699-6714)„ Unless such demand is made, this decision shall be final and binding
Please note that this permit is not transferable except after notice to the Division., The Division troy require
modification or revocation and reissmance of the permit This permit does not affect the [Tat requirements to obtain
other pent:tits -which may be required by the. Division ofAVater Quality or permits required by the Division of Land
Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be
required. .11 you have arty questions concerning this permit, please contact Dawn Jeffries at telephone number (919)
733-5083, extension 595.
cc: Central Files
Mooresville RiTional OfficelVater Qua Section
N PD ES Unit
N. C. Division of Wafer Quality! NPDES UFO
1617 Mail Service Center, Raleigh, NC 27699-1617
Internet: h2o.enr.stale,nc.us
Sincerely,
ORIGINAL SIGNED BY
Mark McIntire
Alan W, Klimek, P.E,
f c 4
Phone: [phone]
fax: [phone]
DENR Customer Service Corder 1 BOO 623-7748

Pennit NCi 0440'2A
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER. QUALITY
PERMIT
TC) DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
compliance with the pro °isions of North Carolina General Statute 143-215,1, other Lawful standards
and regulations promulgated and adopted by the North Carolina„Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
City of Albemarle
y authorized to discharge wastewater from a facility located at the
Albemarle WTP
2510 Highway 52 North
north of Albemarle
Stanly County
to receiving waters designated as an unnamed. tributary to Little Long Creek in the Yadkin -Pee Dee
River Basin
accordance with effluent limitations, rnoni
and. IV hereof.
The permit shall become effective March I, 2004.
Thi
Pe
eyuirecnCI) ts, and other conditions set forth in Parts
and the authorization to discharge shall expire at midnight on February 2'.S, 2009.
Signed this day February 6, 2,004.
ORIGINAL SIGNED BY
Mark McIntire
Alan W, Klimek, I'.1 ., r) rector
Division of Water Quality
By Authority of the 'Environmental Management Commission

au
rtttti sacci Via, tl
azt.c� artyr actrt�t` iwat�f
s i t rate, sttt 1 r.h t &a,tr e ru
atc1 it:lee) fro.
zat attt %, iCt e.r tt- r
rrscit bear this nu
c
Indtared herein.
Permit t
h sf; aetx fa ce y rec a:
rct�,
ackw hat (he 11 ertaarl ` `at
ivoit II z tartly Cot
trad

Fa i . Info:rmation
ti,at [3mm,5 7 O3-O7-13
Facility
ocation

'it0 4 2
} EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
ring the period beginning on the effective date of the permit and lasting urt€il exp.iration, the Pcimittce
is authorized to discharge fr n outfall serial number 001. Such discharges shall he liar ited and.
monitored by the Permittee as specified below:
EFFLUENT
CHARACTER ISTECS
Flow
Total Suspended Su ds
Settleable Solid
Turbidf
0
TS MQN T RI G REUEREMENTS
tthl Daily sure tent
Average Maximum Frequency
0.
Weekly
4 ,0 g1L ninth
le Type
ntaneous
Grab
s
. nrl,?L Weakly
Total Residual Chl
Alen lnur
Notes:
Weekly
kly
1741 Weekly
eekly
Grab
Grab
Effluent
Effluent
Effluent
lfpslreasn Downstreann
Grab
Grab
Grab
vent
Effluent
Etlluent
Upstream = approximate l ° 50 feet upstr , trn caf the discharge location.
Downstream = approximately 0 - 100 feet dotwmstrearn of the discharge location,
The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. if the turbidity
exceeds these levels due to natural background conditions, the discharge level cannot cause the
turbidity to increase in the receiving stream.
Limit becomes effective March 1, 2.007. Until the lin.it: takes effect, perrnittee shall rnon torT;RC
(with no effluent limit).
All samples confected should be of a representati\e discharge.
There shall be no discharge of Boating solids or visible foam in other than trace amounts.

IrNPDES' PERMIT NO.
FACILITY NAME NV004'4024
ALBEMARLE \VTP HWY 52
KNW
LA
DISCHARGE NO. 103 MONTH MARCH YEAR 2009
EFFLUENT
CERTIFIED LABC„KAFORY (1) CITY OF ALBEMARLE
(list additional laborator',rp9 bakpt
OPERATOR IN RESPC
IN RSON(S) COLLECT4
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY CO:
ATTN: CENTRAL FILES
DIVISION OF WATER QVALTEV
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
„
700
700
AVERAGE
MUNI
MIN it'N't
( Grab
Mon Unlit
!et(fli,
0,216
0,216
0,072
0.13_
0.144
0.144
disinfection
V S SICNA
ATE AN
CLASS I COUNTY STANLY
CERTIFICATION NO. 59
GRADE I CERTIEICKTION NO. _29315
ORC P1 IONI704-,
NO FLOW / STYE * LJ
PERM ')R IN RESPONSIBLE CHARGE)
, CERTIFY THAT TI HS REPORT IS
COMPLETE "TO TIIE HEST OF MY KNOWLEDGE.
0.530 616
DATE
545 01045 I 04105
.R PARAMETER CODE ABOVE NAME
V'4) IN rs unow
"4.
2
<0,02
<0.02 <0 20
0.09
0.29
0,
<0,20
DWQ Form MR-1 (11104)

Facility Status: (Please check one of the -following)
All monitoring data and samp(ing frequencies meet permit requirements
(including weekly averages., if applicable)
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The perrnittee 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 aware of the circumstances. A written submission shall also be provided A,vithin 5 days ofthe time the
pennittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -tab
improvements to be made as required by Part ILE,6 of the NPDES permit.
"I certify, under 'penalty of law, that this document and all attachments Were prepared under my direction Of supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on rny inquiry of the person or persons who managed 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 infomiation, including the possibility of
fines and imprisonment for knowing violations."
1>0 xl90, Albemarle, NC' 28002 '704-983-4513
Permittee Address
Ph011C
City of Albemarle
Permittee (Please print
'PO
rrnittee***Date
-ss submitted electronically)
e-mail address
2/28/2009
Permit Expitation Dme
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ITIONAL C TIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certi heat ion No.
Certification No.
Certification No,
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
'Water Protection Section's web site at h2o.enr.state.nc.ustw(Ls and linking to the unit's information pages:
Use only units fi.aureircnt designated in the reporting facility's iNTPDEST permit for reporting data,
* No Flow/Discharge From Site: Check this box if no discharge oecrirS and, as a result, there, are no data to be
entered for all of the parameters en the DMR for the entire monitoring period,-,
** ORC On Site?: ORC must visit facility and document, visitation of facility as required per 15A NCAC 8G 0204,
*" Signature of Permittee: It signed by other than the nermittee. then the delegation of thc signatory aillhority must he on
file -\vith die state per 15A. NCAC 2B .0506(h)(2)(0).
Page 2

DES Permit No. NC0044024 Discharge No, 1011104 Month MARCH
Facility Name ALBEMARLE WTP
Stream U.T. to LONG CREEK
Location
1 34
UPSTREAM
0400 003 a 095 00076
o s.
wrap
;. umura
Minimum
DWQ Form MR-3
rng
g 00
00
Location A 2nd STREET
Year: 2009
DOWNSTREAM
Enter Rmarnete Code
Above, Name end units
Below
County STANLY
Stream U.T.to LONG CREEK
EntPatemeter Code
• Above, Name and ilnits
elow
'ti
13
O • !!
C.)
miliosf NIU

PirDePartment of Public Utilities
Plants Division
City of Albemarle
North Carolina
April 28, 2009
Post Office Box 190
Albemarle, NC 28002-0190
MEMORANDUM TO: Wes Bell, Division of Water Quality, Mooresville, NC
Jeff Poupart, Division of Water Quality, Raleigh, NC
FROM: Holly L, Overcash, Chemist/ Assistant Plants Superintendent
Jerry Cotton, ORC Tuckertown WTP liwy 49 and ORC Albemarle WTP Hwy 52
SUBJECT: March 2009 DMR s for Tuckertown WTP Hwy 49 (permit # NC0075701) and
City of Albemarle WTP Hwy 52 (permit # NC0044024), both located in Stanly
County. Samples were not collected.
This memo is to inform your office that we have gone through some changes and there has been
an issue with communication that existed between former Plants Superintendent Philip
Hazelwood and our sample collectors Karen Allen and Brandon Plyler. Mr. Hazelwood gave
them only one sheet of the new permit and told them to start collecting samples according to it in
March, not April 1 when the new permit took effect. They did as directed and thus we do not
have all the data collected that the old permit required for March 2009.
Mr. Jerry Cotton (ORC) did not collect any samples from either plant, but is the only person able
to sign these documents. As for City .of Albemarle's Hwy 52 WTP, Mr, Joe Parker was ORC
until his retirement on 4-17-09, so again that left Mr. Cotton as the only person able 10 sign off
on these documents.
Corrective Actions
1 (Holly L. Overcash) came to work for the City of Albemarle on 4-1-09 as the Chemist/
Assistant Plants Superintendent. Since then I have seen that a large part of the problem is lack
of communication and miscommunication. With the employees and City's help we are resolving
these issues and communicating with each other better, and establishing trust, so as to avoid this
from happening again.
Cc: Raymond Allen, City of Albemarle Manager
Ernie Borders, Director of Public Utilities

e cash, Chemi tl Assistant Pla is Superintendent Date

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Phillip Hazelwood
City of Albemarle
PO. Box 190
Albemarle, North Carolina 28002
Dear Mr. Hazelwood:
March 12, 2009
Subject: Issuance of NPDES
Permit NC0044024
Highway 52 WTP
Stanly County
_Dee,Fr(et�rt
Secret
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 October 15, 2007 (or as subsequently amended). This permit contains no changes from the
draft permit mailed to you on January 14, 2009.
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, This
request must be in the form of a written petition, conforming to Chapter 150E 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 demand is made, this decision shall be final and binding,
Please note that this permit is not transferable except after notice to the Division. The Division may require modification
or revocation and reissuance of the permit.. This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the
Coastal Area Management Act or any other Federal or Local governmental permit that may be required, If you have any
questions concerning this permit, please contact Bob Guerra at telephone number [phone].
incerely
Coleen H. Sullins
Enclosure: NPDES Permit NC0044024
cc: Mooresville Regional Office / Surface Water Protection
NPDES Unit
Central Files
Aquatic Toxicology Unit
1517' 'Mali Service C}nt@L, Raleg%^,, North Carolina 2i'999-1 1 i
Location', 512 N. Salisbury SL Raeigh, Nut Carolina 21604
Phone: [phone] FAX [phone] Customer' Service: C-877-623-5748
Interre wwN.ocwate= uaiisy.OP9
Oppor. ,q Act cn " Fpi ;rer
NorthCarolina

Permit NC0044024
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTE
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and. regulations promulgated and adopted by the North Carolina Environmental
Manage HI n t Commission, and the Federal Water Pollution Control Act, as amended,
The City of Albe arle
is hereby authorized to discharge wastewater from a facility located at the
ighway 52
251 liS igh ay 2
Albe arle
Stanly County
ater Treat ent Plant
T
to receiving waters designated as a UT to Little Long Creek in the Yadkin -Pee Dee
River in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts 1, II, Ill and IV hereof,
This permit shall becorne effective April 1, 2009.
This permit and authorization to discharge shall expire at midnight on February 28,
2014,
Signed -this day .:March 12g 2000
Coleen FL Sullins, Director
Division of Water Quality
11y Authority of the Environnlental Management Commission

City of Albemarle
Highway 52 WTI'
i Latitude: 35' 23: 46" N State Grid: New London
Longitude: '80'1 t' 45" W Permitted Flow: 0 072 ,\1GD
RKeiviog Stream l.,.`r Tio Little Long Cirerik Stream Class: C
Drainasze Basin: Yadkin -Pee Dee River Basin Sub -Basin: 03-07-13
Facility
Location
not to scale
NPDES Permit No, NC
Scanty County
•
44024

All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked, As of this permit issuance, any previously- issued permit it bearing this
number is no longer effective. Therefore, the exclusive authority to operate and discharge
fiom this facility arises under the permit conditions, requirements, terms, and provisions
included herein
The y of A e aes heby au hor zed
Continue to operak an ting Conyerdior al treat er t system ith. a
discharge of filter backwash wash .t 0.0'72 IV1GD utilizing the fol. iowing
components/ processt
o Chemical visage consists of
• Aluminum Sulfate
Caustic Soda.
o Polymers
a Phosphates
o Fluoride
o Sodium BMs
o Chlorine
ulfi
e
The f hciht is at the Highway 2 TP locate( at , 1) US fii ht aN 52 Nortl
Albengarl , in Stanly County.
3 Discharge from said treatment ent orl s at the location specified on the attached
map into a UT to Little Long Creek, classified as C waters i theYadkin-Pee
Dee River Basin.

'Perrnit NC004•4024
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting, until expiration, the
limited and monitored by the Permittee as specified below:
rite is authorized to. discharge filter backwash from outfall 001, Such discharges shall be
0 . TORING REQUIREMENTS.
EFFLUENT
CHARACTERISTICS
TSS
Total Residua
Chlorine"2,71
Total Zinc:4
Ammon fa Nitrge.n„5
Aluminurn(3
Ealiciuni6
Mairiesuin
LIMITS
onthly Wek1y
Average Average
0.114, •
• MGD
•
30. fnol •
Eu0 - 9,0 s
Manganese€1
Fluoride?
Total abler
Total iron
Total Phosphorus
Total Nitrogen (TN)
Whole. Effluent
Toxicity Monitoring
Notes:,
aily t Measurement
imurn Frequency
Intermittent
Sample Type Sample
ation
fristantaneous1 Effluent
2 / nth Grab Effluent
/ Month Grab Effluent
17 pp]L 2 Month Grab Effluent
lontlify
arterlv
Quarterly
Quarterly
Grab E•ffiuent
Grab Efilu.en.
Grab Effluent
Grab Effluent_
Grab Effluent
Grab 1 EffTuen
Grab I E.Ifluen
?1onthb Grab
Effluen
1N4onthly Grab j Effluent
Quarterly
l)uarterly
Monthly
Quarterly Grab
Quarterly C ab
',Effluent_
Quarterly Grab Efiluen
1. The duration of the discharge must be reported in addition to the total. flow.
Limit and monitor only if the facility adds chlorine to water that is eventuallj,, discharged.
3„ 'Flit Division shall consider all effluent TRC values reported below 50 ug11 to be in compliance
with the permit. However, the: Permittee shall continue to record and submit all values repotted
by a North Carolina certified laboratory, (including field certified), even if these values fall below 50
tag/ I.
2linc should be monitored. if a Permittee uses zinc orthophosphate as a corrosion inhibitor.
5, Facilities using chloramination w di bc, required to monitor ammonia nitrogen on a quarterly -
basis.
C).„ Parameters should be monitored in conjunction with toxicity test,
Fluoride monitoring applies if the facility backi.vashes with fluoridated, finished water.
8.. See Special Condition A (2,),
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than.
trace amounts.
/716)pacJ,( '711'
42A)

Permit NC0044024
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
Flow
TSS
Total Residual
Chlorine"
Total Zinc3
Arnmonia Nitrogen4
A ummurn5
ciurn5
agnesium5
,an anese
Fluoride6;7
Total Copper
Total Iron
Total Phosphorus
(1,11
Total NitrogeniTNI
Whole Effluent
Toxicity IVIonitorinF,8
Notes:
0 114
MGD
Monthly
Monthly
Monthly
Grab
Grab
Grab
Grab
Grab
Quarterly Grab
Effluent
Effluent
Effluent
Effluent
n
Effluent
1. The duration of the discharge must be reported in addition to the total flow.
2. Limit and monitor only if the facility adds chlorine to water that is eventually discharged.
3. The Division shall consider all effluent TRC values reported below 50 ugllto be in compliance
with the permit. However, the Peimittee shall continue to record and submit all values reported
by a North Carolina certified laboratory (including field certified), even if these values fall below 50
4. Zinc should be monitored if a Perrnittee uses zinc orthophosphate as a corrosion inhibitor.
5. Facilities using chloramination will be required to monitor ammonia nitrogen on a quarterly
basis,
6. Parameters should be rnonitored in conjunction with toxicity test,
7. Fluoride monitoring, applies if the facility backwashes with fluoridated, finished water.
8. See Special Condition A (2.).
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than
trace amounts.

Permit NCO044024
`
A. /2.\ ' CHRONIC TOXICITY MONITORING (QRTRM)^
� The pannitteeshall conduct quarterly chronic toxicity tests using test procedures outlined knthe "North
, �Coro|ina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent
versions,
The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall be
performed aoaCe dubia7daypass/fail test. The tests will boperformed during the months mf
January, April, July and October. Effluent sampling for this testing shall boperformed atthe NPDE3
Permitted final effluent discharge below all treatment processes,
^
Alf toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1 ) for the month in which it was performed, using the parameter code TGP3B.
Additionally, DWQ Form AT-1 (original) is to be sent to the following address:
Attention: North Carolina Division cfWater (]uaU
Environmental Sciences Section
1621 K8oi| Service Center
Raleigh, N.C. 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall bacomplete and accurate and include aUsupporting chemicayphynica|memxunnnenbsporhormed
in association with the toxicity tests, as well as all dose/response data. Total residual chlorine ofthe effluent
toxicity sample must bemeasured and reported ifchlorine is employed for disinfection o[the waste stream.
y
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the
permNmewill complete the information located ot the top of the aquatic toxicity (AT)test form indicating the
facility nmme,9nrmi\number,pipenumber,00unb/.andthemonth/yearofthanyportvWdhUhenntadonof~NV
FloW in the comment area of the form, The report shall be submitted to the Environmental Sciences Section at
the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to
quarterly iothe months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts ko the receiving stream, this permit may bore-opened and modified hninclude
alternate monitoring requirements orlimits,
If the Pmrmittem mnnhnm anypoUukmt more frequently then required by this permit, the results of such
monitoring shall be included in the calculation & reporting of the data submitted on the DIVIR & all AT Forms
submitted.
NOTE: Failure to achieve test conditions aaspecified inthe cited document, such asminimum control
organism survivat, minimum control organism reproduction, and appropriate environmental controls,
shall constitute aninvalid test and will require immediate follow-up testing to be completed no later than
the last day mfthe month following the month of the initial monitoring.

!Fr
The ORC of each Class I facility must:
Visit the facilitv at least ixeek.h.,
Comply with all other conditions of I5A NCAC 8G0204.
'The ORC of each Class 11, III and IV facility must:
'')> Visit the fa.cilitY at least. Five days per week, excluding holidays
Properly manage and document daily operation and maintenance of the facility
Comply with all other conditions of 13,A NCAC SG.0204.
Once the facility is classified, the Permittee shall submit i letter to the Cell:41c, 2ommissio11 designating the
operator in responsible charge
a. Within 60 calendar days prior to wastewater being introduced into a ne\1. system
b. Within 120 calendar days of:
Receiving notification of 3 change in the classification of the system requiring:, the designatio.
new ORCT., and hack -up ORC
A va.cancir in the position of (')RC or back-up ORC.
NPDES Permit Standard Conditions
Page 7 .or 1.6
2, In.. pet C , mitt:. and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Pennittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related apputte.nances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit Proper operation andmaintenance also :includes adequate
laboratory controls and appropriate quality assurance procedures, This provision requires the Permittee to install
an(1. operate backup or auxiliary .facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122,41 (e)].
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition or this permit [40 CFR 122,41
(c)].
4.. Bypassing of Treatment Facilities
a.. BTass not exceeding lit nitations [40 CFR 122.41 (in) (2)1
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 assure efficient operation.. These bypasses are not subject: to the
provisions of Paragraphs b. and c. of this section:
b. Notice [40 CFR 122.41. (m.) (3)]
(1) .Anticipated 1,r,,:pass. If the Permittee knows in advance of the need for a by-pass, it shall submit prior
notice, if possible at least ten days before the date of the bypiissi including an evaluation of the
anticipated quality- and effect of the bypass.
(2) Unanticipated liTass. 'rhe ,Permittee shall subnut notice of an .unanticipated bypass as required in Part
LI. E. 6.. (24-hour notice).
Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Pern.nt Issuing .Authoritv may take enforcement
.action againt a Permitter for bypass, .unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible 'alternatives to the bypass, such as the rise of auxiliary treatment facilities,
retention of untreated wastes or maintenance during, normal periods of equipment. d.owntime. 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 submitted notices as required under Paragraph b. of this section.
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NPDES Permit Standard Conditions
Page 8 o
(2) Bypass from the collection system is prohibited and the Permit Issuing Authoriry may take enforcement
action agiiinst a Permittee :for a bypass as pnivided in MIN current or future system -wide collection system
perinit associated with the treatment facility,
(3) The Permit Issuing Authority MAY' approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(I) of this section.
lipsets
a. Elffect of an upset [40 CFR. 1.22.41 (n) (2)}: An upset constitutes an affirmative defense to an aCtion
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during. administrative review of claims that
noncompliance \vas caused lii—upset, and befiirc an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditio s necessary :for a demonstrano • upset A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporanecius operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Perimatee can identify the cause(s) of the .psett
(2) The 'Permitteefacility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II, E. 6. (b) 4 this permit„
(4) The Pennittee complied with any remedial measures required under Part IL B. 2. of this permit,
c. Burden of proof [40 CFR„122.41 (n) (4)1: The Pertniuyee seeking to establish the occurrence of an
upset has the burden of -proof in any enforcement proceeding.
G. Removed Substances
Solids, sludges, filter backwash, or other pollutants remov.ed in .the course of treatment or co.ntrol of wastewaters
shall be utilizedidisprised of in accordance with NCGS 143-215,1 and in a manner such as, to prevent any pollutant
fromsuch materials from entering, waters o f the State or n avign ble waters cif the riitrI St it.es ThePermittee
shall cornply, with all existing Federal un governing the disposal of sewage sludge. Upon promulgation of
10 CFR Part 503., any permit issued by the Permit Issuing Authority for the utiliz' ation/disposal of sludge naay be
reopened and modified, or revoked and reissued, .to :incorporate applicable requirements at 40 CFR 503. The
Pert shall comply with applicable 41..l CFR. 503 Standards for the Use and Disposal of Sewtige Sludge (when
promulgated) within the tune provided in the regulation, evenif the permit is not modified to incorporate the
requiternent 'The Permitte.e shall notiFc. the Permit Issuing „Authority of any significant change in its sludge use
or disposal practices.
Power Failures
The Permittee is responsible for niaintaining acieqiiiit.e safeguards (as required by 15.A. NCi.\..0 .2.110124
Reliability) to prevent the discharge o.f untreated or inadequately treated. wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent,
Section D. Monitoring 4nd Records
1, Kepre:Scn r4. rive Sampinig
Samples collected and .measurements taken, as requiredherein, shall be characteristic of thevolume 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 disc.harge over the entire period the wimple repreents All amples shall be taken at the
monitoring points specified in .this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of -water, or substance. .Monitoring points shall not be changed wit.hout
notification to and the approval of the Permit: Issuing „Authority [40 CFR :122.41 OA,
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NIMES Permit Standard Conditions
Page 9 of t 6
2. ,Reporting
Monitoring results obtained during the previous month(s) shall be summanzed for each month and reported on
monthly Discharge Monitoring Report (DMR) Form (NM 1, 1,1, 2, 3) or alternative forms approved, by the
Director, postmarked no later than the last calendar day of the month follouing the completed repotting period.
The first DMR is due on the last dav of the month following the issuance of the permit or in the case. of a new
facility, on the last day cif the month following the commencement of dischatge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of \Vateti Quality I` Water Quality Section
ATTENTION: Central Files
1617 Mall Service Center
Raleigh, North Cat olitta 27699-1617
3, Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges, The
devices shall be installed, calibrated and Truant:anted to ensure that the accuracy- of the measurements is consistent
v.ith the accepted capability- of that type of device. Devices selected shall be capable of measuring flows with a
maxnnum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated ,at a minimum of once per Fear and maintained
to ensure that the accuracy of the measurementsi consistent with the accepted capability of that type of device.
ThelDirector shall approve the flow ,measurement device and monitoring location prior to U/istalladon,
On condenser cooling water flow monitored by pump logs, or pump hour meters as specified in 'Part I
of this permit and based n the manufacturer's pump curves shall not be subiect to this requirement.
4, Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
'CGS 143-215.63 ct. seal), the Water and Air Quality 'Reporting „Acts, and to regulations published pursuant to
Section 3040.), 33 CSC, 1314, of the Federal Water Pollution Control A.ct, eas .Atnetided), and 40 CFR,136, or in
the case of sludge use or diiposal, approved under 40 CFR 136, unless otherwise specified, in 40 CFR 503, unless
other test procedures have been specified in this permit [40 CI'R 122.411.
To meet the intent of the monitoring requited by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving. minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved .method must
be used,
D. Penalties for -17arnperin,:g
The Clean 'Water Act provides that :311V person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not :more than $10,000 per violation, .or by imprisonment for not: more than two years per violation, or
by both, If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment, is a tine of not more than $20,000 per day of violation, ot by Unprisonment of not more
than 4 ),ears., or both [40 CFR122.411,
6. Records R„etentio
Except for records of monitoring information required bi- 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 Perrnittee shall retain records of all monitoring information, including:
all calibration and maintenance records
all original strip chart recordings for continuous monitoring instrumentation
Version 10/10/2007

NPDES Permit Standard Cond'
Pagt,
copies of till reports ,requited by this permit
>. copies of all data used to o,:implere the applic,ition for this permit
:These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application, 'Fins period may be extended by request of the Director in ;my un- le [40 (ER
122.411,
Recording Result
For each measurement or sample taken pursuant to the requ ents of his pernut the Pennittee shall •record
the following information [40 CFR 122.411:
a. 'Ile date, exact place, and time of sampling or ineastirements;
L. The individuid(s) Who performed the sampling or measurements;
c, The date(s) analyses were performed;
d. The inclividtrahs) who performed the itnalyses;
e. The analytical techniques or ITICthods used; and
1.7. The results of s:uch analyses.
8. Inv ec tion and Entry.
The Petraittee shall ',tilow the Director, or an atithOilled representative (including an authorized contractor acting
as t representative of the Director), upon the presentation of credentials and other documents as may be :required
by law, to;
a. En•ter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
record-s must be kept Under the conditions of this. permit;
b, Have 'access to and copy, at reasonable times, any records that must. be ,kept .under the conditions of this
permit;
c. Inspect at: rea,sonable times any facilities, equipment @lauding monitoring and control equtpifleflt), practices,
(ia: operations r egu la ted o.r required under this permit; and
d, Sample or motutor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorised by the (dean 'Winer Act, any. substances or parametk.irs at an: location [40 C.,,,FR 122.41, (i)j,
Section E Reporting Requirern —ts
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this pei mit. discharge
of any pollutant identified, in this permit tnote frequently than ot at a level in excess of that authorized shall
cotistitute a violation of the permit.
Hanned C..:hanes
The Permittee shall giv-e notice to the Director as soon as possible of tarns planned physical alterations or
additions to the permitted fact.lity [40 CFR 122.41 (I)]. Notice is requred, onlywhen:
a, The alteration or addition to a permitted facili—mas7 meet one of the criteria for new saanrces at 40 CFR
122,29 (b.); or
b. The alteration or addition eoukl 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
notificationrequirements under 40 CFR122..42 (a) (1).
'1' he alteration or ;addition results in a significant change in the Permatee's sludge use or disposal practices,
and such alter:16(in, addition or change rnav 1u.Utv the application of permit conditions that are clifferent
from or absent in the existing permit, includin* g notification of additional use or clispcisil sites not reported
dating the permit application process or not reported pursuant to an approved land application plan.
3, ,Anticipated -Noncompliance
Petnuttee shall give advance 'notice to the Direc•tor of any planned changes to the perm tted facility or other
activities that miOit _result in noncompliance with the pennit po CFR 122,41 (1) (2)1
Version 10/1012007

Carolina De
Beveiny Eaves Perdue
Governor
Mr, Raymond Allen, City N=1anager
City of Albemarle
Post Office Box 190
Albemarle, North Carolina 28002
Subie
Dear Mr_ Allen.
r' 7
NCDENR
rtment of Environment and Natural Resources
Division of Water Quality
Coleen H_ S:.90ns Dee FreF".:-.
Director Se
April 2, 2010
Clarifies ion on NOV/NRE issued for
Sampling Inspection on March 9, 201
Tracking #: NOV-2010-PC-0277
NPDES Permit No. NC0044024
Highway 52 WTP
Stanly County
Comp- !Toe
On April 15, 2010, this Office received the City of Albemarle`s response to the Notice of
Violation/Notice of Recommendation for Enforcement inspection report issued on March 29, 2010.
Your response letter, signed by Mr. Ernest Borders, noted some concerns that we feit warranted
clarification by this Office, The following clarification is. provided to Mr. Border's concerns.
Operations and Maintenance
Mr, Borders requested clarification of the several connections"` cf stormwater to the effluent.
pipe. The Hwy. 52 VVv"TP is equipped with a wastewater piping system located underneath the asp
driveway between the front door entrance and concrete clear well. This piping system is connector,:
to the same piping system for other Vi/TP waste streams (filter becks",wash, filter rewash, et,.). ,Durin ,
the tracking of the flows through the piping system, City of Albemarle personnel and Division of
Duality (DVwrQ) MRO staff observed stormwater connections from the driveway and other areas
(including yard area). Exoessive stormwater inflow can cause hydraulic surges and operational
problems within the wastewater collection system and downstream at the Long Creek wastewater
treatment part "vtw ifTP), in addition, the stormwater inflow can result in additional
discnargeloverflcw° events to the unnamed tributary tary to Little Long Creek of the `"v rP process
astewater that is normally contained in the collection system and treated at the Long Creek Vv fl
Mr: Borders also indicated that the City. of Albemarle was experiencing "conflicts" between NC Put
Water Supply and DWQ regulations, In addition, Mr. Borders asserts that D VVQ (NCDEN i
personnel stated that the City should not backwash filters as required by the Public `tinter 'Supply
Section, his statement is inao °rate as at no ti°ne did D'tr`°'O. staff state that the City of .Albemarle
atter„ '1 '�r d
should cease hacl��#�'aShlil�� the t,lter5 the 'ri., 5� VTR t� en�U prevent the production of a lil
drrinking water to thy' citizens. of Albemarle. DWQ `gStaff stated that the procedure for the periodic
cleaning/drain aining or the sedimentt..ation basins has t' be adjusted to ensure that the was' ,+..4kv ter :is
-Mooresville Regit.., W e
Loortooro 610 East
intermet t rMipor1.ai nc>O Far,° , .V.•q
8
rThcaroltt
tim lly

Mr, Raymond Allen, City cf Albemarle
NOV-2010-F0-0277, :r7lage, 2
Apr 27, 2010
cc:
VB
directed to the City's: collection system for the Lon ig Creek VVV P and not discharged directly to the
unnamed tributary to Little Long Creek.
Little Long Creek, a Class C water in the Yadkin -Pee Dee River Basin, is listed an the 2008
North Carolina 303(d) List of Impaired Waters for benthic, ecological: and biological integrity and has
been listed as impaired since 1998. The observed discharges to the unnamed tributary to Little Long
Creek from the City of Albemarle Hwy. 52 WTP by DWQ personnel' may be a significant contributor to
this impairment.
City of Albemarle personnel indicated during the compliance sampling nspect aninspectionand
subsequent site visits in Marc 2010, that all waste streams except for the filter rewash a:nd
backwash discharges can be collected and sent to the Long Creek WvVTP for final treatment.. The
City is permitted to discharge treated wastewater- from Outfall 001, The permit limits within the Hvy.
52 WTP discharge permit were developed to ensure the discharge is compliant with the Division of
Water Quality regulations and NC Stream Standards for the intended use igf he unnamed tributary to
Little. Long Creek and Little Long Creek itself. If the City of Albemarle cannot comply with current
regulations and permit effluent limitations with the existing wastewater facilities at the Hwy. 52 VVTP,
then it is the City's responsibility to upgrade the wastewiater treatment facilities at the 7TP to ensure
compliance with your permit effluent limitations and the applicable NC Water Quality Stream
Standards for all discharges to surface waters.
Effluent Pipe
Mr. Bordersref-erred to the unnamed tributary to Little Long Creek as a "wet weather" ditch. This
waterbody is listed as an intermittent stream (jurisdlictional waters of the State) on both the USGS
Topographic and the Stanly County Soil Survey maps, A sionificant flow was observed by DWQ staff
during the site visits in March -2010. In addition, two large springs (base flow for streams) were
observed (by DWQ and City personnel) discharging into this unnamed tributary approximately 150 --
200 feet downstream of the dischari,ge outfall.
I hope this letter helps answer the questions and/or concerns that may have arisen from the
inspection report. Should you Or Mr. Borders have an additional questions or comments, please feel
free to either contact Mr. Wes Bell or myself at (7-04) 653-1699.
Point. Source Branch
Stanly County Health Departrrenl
Sincerely,
Marcia A[locco
Acting Regional Supervisor
Surface Water Protection

rCX190
arle, NC 28002-0.190
www.ci.albemarleme.us
April 14, 2010
Mr. Robert Krebs
Surface Water Protection Section
Mooresville Regional Office
6.10 East Center Ave., Suite 301
Mooresville, NC 28115
Attention: Marcia Allocco
Department of Public Utitities
Phone - 7U4-984.9609
Fax - 70,1-984.606
RP
Subject: Response to Notice of Violation / Notice of
Recommendation for Enforcement
Tracking Number: NOV-2010-PC-0277
NPDES Permit No. NC0044024
Highway 52 Water `Treatment Plant.
Albemarle, Stanly County, NC
Dear Ms. Allocco:
This letter is in response to the Compliance Sampling Inspection Report conducte
facility on March 9, 2010, The following are in response to that report
Operations and Maintenance
The inspection report referenced that the 52 WTP waste streams had "several connections."
After investigating this issue we can only ascertain one stonnwater connection to an effluent
pipe section. We can find no other connections as referred to in the inspection report. We
would ask for clarification on the additional connections in the form of onsite assistance to
identify said connections.
2, The report also made reference to high chlorine residuals in the piping system. This issue
was addressed immediately after it was identified by NCDENR personnel. Changes have
been made to our water treatment process that has eliminated all chlorine from the
sedimentation basin water. Thus eliminating this as an issue.
The pipe joint leakage in the conveyance pipe leading to the nianh.ole/discharge weir as
identified in the inspection report has been addressed. A work order has been issued to the
appropriated section to have this repaired. Attached is a copy of that work order.

4. 'The report made note that "the water plant staff failed to properly drain a sedimentation basin
on either 3/7/10 or 3/8/10," After reviewing this with the water plant staff, I have concluded
that the NCDENR personnel made this statement as an assumption based on observing
suspended solids (alum sludge) in the effluent as it discharges into the receiving stream.
They in fact did not observe water plant personnel actually draining the sedimentation basin.
Any alum sludge that was discharged into the receiving stream was done by accident and was
not deliberate to try to violate any NC _Environmental. laws.
Our .new Water plant personnel did not have a thorough understanding of how sedimentation
basins are drained and cleaned. They have thus been trained in the proper techniques of
sedimentation basin maintenance.
We have implemented a schedule for performing effluent discharges. This schedule was put
into place immediately after the inspection visit.
Currently we are experiencing conflicts between Public Water Supply (PWS) regulations and
that of the Division of Water Quality (DWQ) when it comes to our responsibilities to back.
wash our filters and sedimentation basins. Under the Public Water Supply rules for water
treatment we must backwash our filters for a minimum of 20 minutes per day at a
predetermined rate of flow based on the water .plant design. It has been voiced by NCDENR
personnel that we should not do this because this was causing alum sludge to discharge into
the creek.
Our primary responsibility in operating this water plant is to supply high quality drinking
water to our citizens. When conflicts occur between the rules and regulations of PWS and
DWQ we must follow the PWS rules first and foremost. The City of Albemarle .will. not
knowing endanger our citizens with substandard water quality. Our intent here is not to say
that DWQ rules and regulations are not important. They most assuredly are very important.
Effluent Pipe
After the alum sludge discharge incident W e took immediate action to mitigate the impacts.
We had equipment and personnel on site, very quickly, conducting a cleanup operation. The
unnamed tributary in which the discharge occurred did not show irreparable damage for it
was quite evident by the aquatic like that were .present. We have followed up at the site and
have not seen any fish kills or other aquatic wildlife damage due to the incident in question.
It is correct that the City violated the '.ITSS limits and the NC Standards for turbidity for that
day. 1 can assure you that this is not the norm in any way shape or fashion. This incident
occurred in an unnamed tributary of Little Long Creek. The tributary does not normally have
water in it except when it rains or when we clean the water plant filters. We will be looking
at other ways of handling our discharge water. Ultimately we will be discharging our
effluent into the sanitary sewer system. This will then allow the unnamed tributary of Long
Creek return to its natural state, .that of a wet weather branch. This incident primarily
occurred due to an accumulation of internal errors; most commonly referred to as mistakes
done byinexperience personnel. These errors have been corrected and improvements have
been made.

De -chlorination
1. The inspection report commented on our use liquid dechlorination. It was noted that "The
dechlorination system was not being properly operated during the filter backwash."
There has been some confusion with the newer member of our water plant staff as to when
this operation should be activated. NCDENR personnel pointed this out and immediate
corrective action was applied. All equipment was checked and rechecked to insure that the
dechlorination equipment was working properly. All personnel were given additional training
in its proper use. We have had no problems since making the corrections.
Effluent Sampling
. Changes have been incorporated to insure that proper grab sampling is taking place as stated
in the NPDES permit. The Chief Water Plant Operator has assured this office that closer
quality control would be put in place to insure compliance.
Record Keeping
The water plant records have been reviewed and a quality control system has been put in
place to insure continuity of accuracy. The Asst, Plants Superintendent, Chief Water Plant
Operator and ORC personnel have the responsibility to insure that this is completed.
2. During the March and April 2009 time frame some of the City of Albemarle Plants Division
personnel were being, investigated by the US EPA for criminal violations.. This caused a
tremendous amount of upheaval within the Departmentas a whole, Due to a lack of
personnel, and no outside assistance, we have probably failed to complete some of the forms
correctly. The turbulence from that time has lessened and new personnel have come to the
water plant staff Improvements are being made every day in the area of record keeping.
The appointment of a ORC (wastewater) at the Highway 52 WTP was an oversight due to
extensive personnel turbulence at this :facility over the past year. This situation has been
resolved with the appointment of the ORC (see attached).
We sincerely hope that these explanations will suffice. I have tried to be honest and open with
you concerning some of our problems and challenges. The City of Albemarle has always strived to
insure compliance with all Division of Water Quality rules and regulations. It is not our desire to
overtly violate any state law. If rules and regulations were broken they were done so out of
inexperience and naivete. We, the staff in the City of Albemarle„ view our community as being very
environmentally responsible and a front runner in "green" projects. Our work in bringing
improvements to our wastewater treatment plant is just one example. We have implemented
environmentally conscious stormwater management within some of our parks as well as
construction of one of the finest .greem,vays in North Carolina. We thoroughly understand the
consequences of non compliance. The City of Albemarle is making every effort to insure the
changes that were addressed in this letter, be carried out.

Should you have any questions or comments concerning our response, please do not hesitate
contact my office.
Sincerely
Ernest D. Borders, MS, EI, CFI, ASCE
Director of Public Utilities
End
Cc: Raymond I. Allen, City Manager
J. Redwine, Assistant Director
11. Overcash, Asst, Plants Superintendent
File

Name
Location
Work To Be Done
IMeter In
Mfg.
Meter Ou
Meter #
CITY OF ALBEMARLE
PU C UTILITIES DEPARTMENT
ELECTRIC DIVISION
WORK ORDER
Ad d ress0 570
ERT #
LABOR
HRS.
RATE
AMT.
TOTAL AMOUNT FOR LABOR
eading
Appt. Date'
Appt. Day
Appt. Time
Work Order No.
Phone Noy H
Multi Demand Full Sc
TOTAL AMOUNT FOR EQUIPMENT
Account #
Inspection Tag tt
Base
Form #
Voltage
Amps
Last Tested
Class
RESULTSKETCH OF WORK
Written by_ Pro -Checked by
Work don
Post Checked by
Date Work Started Date Work Completed 1ime Started Trne Completed

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Operator biResponsible Charge (ORC)
Print FuDNmoe� Jerry William Cotton
Certificate T,
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Fav9|0Y733'|938

Permit NC0044024
STATE OF NOR " I CAI O INA
DEPARTMENT OP ENVIRONMENT` AND NATURAL RE' TRCES
DIVISION OF WA (T.I II ITYY
PERMIT
TO DISCHARGE WAST'1#;WATEl 1_JNDER ,THE
NATIONAL POLLUTANT DISCHARGE EIINATION SYSTEM!
In compliance with the pro • si n of North Carolina General Statute :1.43-2 t9 l., t r r l wTful
standards and regulations pr rnulgated and adopted by; the North Carolina 1 ncironnicntal
Management Commission, acid the Federal Water Pollution Control Act, as amended,
The City ©f Albemarle
rebv authorized t.c, discharge wastewater from a facility located
Highway 52 Water Treatment lant (WTP)
2510 US Highway 52 N
Albemarle
Stanly County
to reccivir g t =-att4r s d i n tcd as a UT to L ttie. I.cszr i Creek. in t:h : Yadkin -Per Dee
River in accordnr eitlr t,Ifluent lirnita.iions, rrrczritoring rev i.rrtrit.>ntsand other
conditions set forth in Parts 1, 11, III and IV hereof
l"leis permit shall become elf ec-five April l., 2009.
This per r1-
':1014.
nd .authorization to cli; c.thargc shall expire at rrridrright on. February '2
Signed this day March 12, 2009,

SU P
r vicmtr.NPDES ::pernits i agedtag
.As of t !I la va mit ss.tia
1a t sa lrr.' ry11ai 1t1 t°c1r&
11 tt t1 a, t a:i a ttryi Utz c rrr t.1te
laded
1
T COVE I SidET
.viottftttyrigstratir perm
egriditiore sequin
tit Its a r t. t tt
rt 1iitr backwash.
eons
`1t n- is 1
Htfigitts
1 t`wta
NC0044024
itc1 cxtthas r
It:=.at'ir. 1ta
t§I dz 1tart?;
tit; 1a rr1
ng 1.1tr 10 1)
1i h o 2 Nort
1: tote loco 1ir specified
i t t(1 t ers 1t

Permit NC0044024
A. (2.) CHRONIC TOXICITY MONITORING (QRTRLY)
The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North
Carolina Cericaaphnia Chronic Effluent. Bioassay Procedure Revised February 1998, or subsequent
versions.
The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall be
performed as a Ceriodaphnia dubia 7day pass/fail test, The tests will be performed during the months of
January, April, July and October, Effluent sampling for this 'testing shall be performed at the NPDFS
Permitted final effluent discharge below all treatment processes,
All toxicity testing results required as pal of this permit condition will be entered on the Effluent Discharge
Monitoring FCEM (MR-1) for the month in which it was performed, using the parameter code TOP3B,
Additionally, DWQ Form AT-1 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Qua ty
Environmental Sciences Section
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Completed' Aquatic Toxicity Test Forms shall be filedi with the Environmental Sciences Section no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements performed
in association with the 'toxicity tests, as well as all doselresponse data. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine. is employed for disinfection of the waste stream,
Should there be no discharge of flow from the facility during a iinenth in which toxicity monitoring is required, the
permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name permit number, pipe number, county, and the monthlyear of the repel with the notation. of "No
Flow" in the comment area of the. form.. The report shall be submitted to the Environmental .Sciences Section at
the address cited above.
Should the permittee fall to monitor during a month in which toxicity monitoring is required, then monthly'
monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement w revert o
quarterly in the months specified above_
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include
alternate monitoring requirements .or limits_
If the Permittee monitors any pollutant more frequently then required by this permit, the results of such
monitoring shall be included in the calculation & reputing of the data submitted on the Dtv1R & all AT Forms
submitted,
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later than
the last day of the month following the month of the initial monitoring.

F
TS S
tal Residual
orine2,3
'ctal Zinc"'
monia Nil :cgcn3
Calcium5
annesee'
Fluoride7
TotilCper
Total_ Iron
Total Phosphorus
JF')
Total Nitropen (TN)hole Effluent
' fixicity Monitoring,"
Notes:
Pei Mit INC0044024
A. (1.) EFFLUENT .LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expration, the
Permittee is airthorized to discharge filter backwash from outfall 001, Such discharges ,shall be
limited and monitored by the Permittee as specified below:.
EFFLUENT
CHARACTERISTICS LIMITS
onthly 1, Weekly Daily
Average Average Maximum,
0,114
M.GD
rng/I, 45 ing/L 2/1,4orith.
6,0- 9,0 sal. 2fillonth
ONITORING
ENT
surement Sample Type
Frequency i
Intermittc:nt
Sample
°cation
Instantaneous", Effluent
Grab Effluent
Grab Effluent
17 fig/I., 2/Month Grab
Monthly TGrab
Quarterly
Quarterly
Quarterly
arterly
Grab
Grab
Grab
Grab
Grab
Grab
drab
IVIonthlv
Quarterly Grab0Monthly
Quarterly Gra.b
Quarterly
Grab
. Effluent
uent
Effluent
,1Effluen
Effluen
Eft. uent
Ertl. u en
Effluent
Effluen
Effluent
Effluent
rlucrit
Effluent
1. The duration of the discharge must be reported in addition to the total flow,
2, Limit and monitor only if the facility adds chlorine to water that is eventually discharged,
3. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance
with the permit, However, the Permittee shaElcontinue to record and submit all values reported
by a North Carolina certified laboratory (including field certified), even if these values fall belov,T 50
ug/l.
4. Zinc :should be monitored if a. Permittee uses zinc, orthophosphate as; a corrosion inhibitor.
5, Facilities using ohloramination will be required to monitor am.monia nitrogen on. a quarterly
basis.
6. Parameters should be monitored in conjunction with toxicity test.
7. Fluoride monitoling applies uthe facility backwashes with fluoridaieii, finished water.
8. See Special Condition A (2,).
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than
trace amounts.

Norti Caro
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment an Na
Division of Water Quality
C©Veen H. Sullsns
Director
29, 20.10
CERTI'IED M.AII
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6505
Hen, City flan
e
Dear Mr. ilea:
a 28002
Enclosed is a copy of the Comp
at the subject facility on March 9, 2010 by Ms. Donna F=
March 24, 2010 (follow-up inspection) also performed by
in -Responsible C:h tree f our findings by forwarding a copy
by DWQ Staff on t` tar
fluent and stream samples collect
report.
ura! Resources
Dee Freeman
Secretary
Notice of 1'crlatiortlolice of
Recommendation for Enforcement
Compliance Sampling inspection
Albemarle Hwy„ 52 \ IP
NPDES Permit No. NC.0044024
`truly County, N.C.
Tracking : NOV-,010-PC-O'L
tion Report Fear Ctrs. inspections conducted
d,Mr, Wes Bell of'this Office and on
Please advise the facility's Operator-
:rac,report The results of the
id March 9, 2010 are attached to this
This report is being issued as a Notice oaf `iolation (Nally/Notice of Recommendation for
Enforcement (NRE) to the City for the following: failures tea praaa ide proper operation and maintenance
anti collect representative effluent samples, monitoring violaltitarrs, and the effluent permit limit (total
suspended solids) and North Carolina Stream Standard a ioalations (turbidity) from the samples collect by
DWQ Staff on 'quell 8 and March 9, 2010. These are all violations of the subject NPDES Permit and
North Carolina General Statute (G.S) 14 3-215.1, as detailed in the Operations & Maintenance,.
Dec'hlorination, Record Keeping, Effluent Sampling, and Effluent Pipe sections of the attached report.
Pursuant to G.S. 143-215,6A., a civil penalty of not more than twenty-five thousand dollars (525,000.00)
per violation, per day,, may tie assessed against any person Who violates or fails to act in arccordance with.
the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215,1,
Moore, Rey t r Office
Locabctl f3 <�st e ter Ave., 0u=te 3 '1 Pvonesv0le, NC 3.8115
Phone.. t7056631
f.eme h,Grlaora1.nc t
40 \ Customer Service: 1 7 623-6a74B
'-r f'0rp t u0k"q` ` Affirratrie.,, s T k y''E 5C
Ore
No t lCarolina
�� `until!

. Ruya i
March 29, 2tl1
Page Two
This letter i also to advise yotr drat this t ffiee is siderin , sending a recut/in renda
enforco the Dimetcar raf the Division cif \\ after l trrrrlit tnr the above -noted vi.r?Litions n
143,2 red [)1 s Portnit No. NCOi 2d, if an n for these v i latl rk1 thaw.
wish to pre s r t ple t c itrelude it in the requested rest srse, "r err n\planatir n will be rev i veit and if an
enfereernent action 'is strdl deemed appropriate, riate, °otrr e plrrr rti rr vv di be fr r said to the Dire.rc r alrsra
with the enforcement package for her consideration,
n,
erluestcd that a vvrittetr resp tr el e su nritta
the abos cnnote in the attached retort, lrt r s
crrmrnenls to the lttuntiart ciMrs. filar
Sho old F+ tr hav e c ue naccr,
nr.:.:losu
Inspect n Reisr
:1.1`1 uerrt°Str�earn Rre su i
Pictures
report,
rr
ohert 1. lz`eb
lase rrter Prr rlectinh let;inrarl
rr e
e hF Aril19, 20 t, add
trt the violrrtir rrs. please address your
do
s
Belli,

EPA
Transaction Code
2151
I Q I 1
er C
eotir:n A' Nati
Aa
Washington, Cad, 2d4ao.
nssection Re
nal Data System CcdIng (i.e PCS)
Form Approved.
No_ 2040-0057
,Approval expires 6-31 y6
NPDES yrimeldtay InspeoC"ora Type Inspe; for
Nc:0C44C24 11 E 121 10,3.•='09 1 t51 Q 191 E1
j
Remarks
Q1 1 1 1 1 L_i
,on Work Davy Far I ly° Self -Monitoring akinag B1 QA
2a 5 '3' 70
Section S3 l=
Name and Location of Fa c€Gttr Inspected (For Indualnal Users dischrargor
POI-at/name and NPDES px:, ;i Number).
2510 Us Hwy 52 13
Albemarle :NO 28:001.
iJ3 `;aj r 1 0 ite Repiesentative
abcratd
tley,•si ttu,ane and Fax at'Jumhe•r(s)
'04-4r33-5 J4/
Hof Res; oFts,h.ie lfftc3c74,,�r
t. r"AO SOX
Secii:r, Area
nd Fax ;
o F07(A', also include
Tame/Date
M 0,+03 09
it TEmel:Dafe
Fact Tyy7e
201 1I
50
Permit Eftec
09104101
Peirr-mt Expiation Late
14/02
Contacted
N0
ed During Pnspectilr (Check nnly those
Flow Measurement
ring Program ,S.r9urdMe Handling Disposal ■ Fa
a
(See attachment sunma
nd 0ignal. err
of ?vlana,4,ernent D ;A Reviewer
llty Data
fiat d)
dns & Maintenance Records/Reports
EffluentiReCeivaig Waters
leAttach adrfitiona! s0eets of narralilve dnd chenkltats at
3 Phone and Fax Numbers
MR3 W 04- 663-164+0 Ex�:.. 1. .
a r,, s` 6vr it:`•. is -333-1.(99 Ext,2193
0,gency`0filcelPhone and Fax Num
mAm WV, 04-66x .. .1r 2 as`,r,
at
v 9-94`r Prevlou editions are obsolete,

094.4.021
92
(Attach Ct6tR aS sheets at parrs*ova sr: eh,
RECORD KEEPING TN cont'd;
The following discrepancies were noted in, the facility's e -monitoringdata'
no monthly average calculations had been performed on any of the lMls.
the ORC andlor Backup ORC visitatrorts were not documented on the DMRsi
the incorrect parameter code for chronic toxicity was docomented on the DMRis
the flow was not reported correctly OS the 0Ml (reported as a flow rate and should haw
as a total daily flow)
the "<" values 1 °ere not calculated properly to determine the monthly average values,
the permitted had not submitted a letter to DWG that delegated signature authority to e
Backup CPC (signature on hack of [iMPdr,.
The City failed to designated an ORS within 120 days ng the departure cf the previous ORCrr
been reportrod
RC arTdlor
April dg, The designated Backup ORC is:SUrren1 y perf rrrrrrrt. the duties of the ORG In addition, the
Backup 0 t3 acting i ) mast ensure ail visitations and maintenance activities are being documented:
OPERATION fvI INTENACE SECTION ccrrt'd.:`
The piping systen e WI P's waste Creams has several stomp ^ator or'nectinn . The storrrrwater
should be diverted away from this piping sy'stern to prevent excessive tlo vs from entering the
armhole/discharge weir and'or wastewater collection system. In addition, the diversion of stormy))
also allow more filter nackiv°ash € ,wastewater arid the \wastewater from the periodic draining/nil ing of
the sedimentation basins to receive additional treatment at the Cityis twv °Tr (ivia collection system) The
ORD and staff Must also ensure that the high total residual chlorine levels (approximately 1 1 mil_
measured in this piping system are properly addressed:

Perrnit:
Faction Date: E ,`
Par.;iiy
erE
nr
'"e scob Tgnthepe
e permits
t tFto 4r t s to Meted to th e enerei pub
Own Fact)
Inspection Type: Cont
Has the geniette subrrtitted a nev appCicat on?
t e t ,p ct
sP'
Come -lent The subje t p r at expires rrt21281 4.
Record Keeping
r e cords kept and
is alk regrived intortma
tabare
the
ed as regr:;re,d by t e perrr;tt
1 }e a
adt , o hrerSete and Current`,
rears Pa
3
erg th data r 'ported of ON
r
^d boastr of rr, lined
Name of Eetd �idiwc
Re ul of anal
Dates of analyss;
'arise of person perfor nq aral,ysey
Transported COCs
Are CtMRs corrwplete, do they Enclue al( pe
Has
oty
Y
ubrni
annual
etert
e reo to use ar
taed first ; Coo they operate 2d7 or, °t;
and currdr;t
s he rRe: oertrtied at grade equal to or highs
Ls the backup cperakor cert`sfied at tans grade (oss di cdrea
Ida copy Of the current NPDES permit a to;rtable ors S t.e.
Fac tray' has copy of
nnuak
faoi&ityt aladstficatioh o"
tha1'
pc eat
Yes No NA NE
n n
n on
n n n
L n
Yes N NA NE
n
n o D
(
• n
n n n
Page

Permit N10044024 Owner -Fachty Highwa.y 52 liii),1TP
Inspection Date: C13109120'10
Inspection Type: Ocimpliance Sampting
Record Keeping
Comment: The facility's records were not organized and not readily available prior to
April 09. Discharge Monitoring Reports (DMRs) were reviewed for the period January
09 through December 09. A monthly average flow violation svas reported in April 09,
The Division has separately addressed this limit violation by the issuance of an NOV,
No effluent. settleable solids were reported for the entire month of March 09 and no
instream turbidity -values were reported in three of the four weeks in March 09, No
effluent total. phosphorus was reported in April 09, See "Summary" Section for
additional comments,
Laboratory,
Are field. parameters performed. by cedified perserinel or laboratory?
Are all other pgrareptersrlexcludeng field parameters) performed by a certified lab?
4 Is the facility up.,ing a co act lat?
Is proper temperature set, for sample storage (kept at less than or equal to 6.0 degrees Celsius)?
incubator (Fecal Conform) set to 44 5 degrees Cersiustro 0 2 degrees'?
Incubator (BOO) set to 20.0 degrees Celsius 0 degrees?
Commenti On -site field analyses (pH, total residua( chlorine) are performed under
laboratory' certification .#59, TriTest, Inc_ (Certification #s 67, 75, '103) has also been
contracted to provide analytical supioort,
Effluent Sampling
Is ip,omposite sampling flaw proportional?
is sample collected itelseii air treatment unilis?:
Is proper volume collected'?
ls the tubing clean?
# Ls proper temperature set for samplie storage (kept iess than or equal to 6 5 degrees Celsius)?
Is the racility sampling performed as required by the permit (frequency, san rig type representative)?
Comment: The subject permit requires effluent grab sampling_ The City staff were not
collecting representative effluent samples. The effluent samples were collected during
the filter rewash discharge events; however, the effluent samples did not include the
discharges from the filter backwashes and the periodic draining/cleaning of the
sedimentation basins,.
Operations & Maintenance
Is the plant generally cleanJh accieprabie ocuselsieeping2
Does the facility analyze process control parameters, for ex INALSS, MORT, Settleable Solids, pH, DO, Sludge 0 El • D
Judge, and other that are applicable?
Yes No NA NE
an Fl ri
• L]LJO
N nnn
. non
nnis El
Finan
Yes No NA NE
O 0.0
• 000
N nnp
nnmn
n n
Fl • n
Yes No NA NE
. 000
Page tri 4

"Prr
Perrnot. N00C44024
Inspection Date: 031091o19
Operations & Maintenance
Owner- Facility: Highway 52 VV P
Inspection Type ..,oRnpliance Sampt:ng
Comment: The facility's NPDES system was not being properly operated and
maintained. The leakage at a pipe joint for the conveyance pipe leading to the
manhole/discharge weir needs to be repaired. The water plant staff failed to properly
drain a sedimentation basin on either 3/7/13 or 3/8/10 DVVQ Staff observed an
abundant amount of suspended and settleable solids (alum sludge) in the effluent and
receiving stream (unnamed tributary to Little Long Creek) on 3/8/10 and 319/10. See
also Summary and Effluent Pipe Sections for additional comments.
De -chlorination
Type cf system '?
Is lire , *atie q Ca wE f y a'l to chlorine amount (1 to 1)?
Is _storage appr prlate for ciy'inderg?
is de-chlorina°Ion substance stored away from chlorine containers?
Are the tablets the propel sio..e ,and type?
Comment: The facility uses a liquid dechlorination system (sodium1 bisutfitei. The
dechlorinat'ion system was not being properly operated during the filter backwash
process (during the initial draining of the filters)).
„Aire tablet de-chl;oriratw=rs operational
Number of tubes un use.
Comment:
Flow Meastrreersent Effluent
# is flow meter used for reporting?
@s fi awx meter calibrated annualiy7
is the flow meter open oboist {
(if unfits are separated) Does the chart recorder rnatch the flow meter?
Comment; The effluent flow calculations did not include all waste streams that
discharge from the effluent outfalt.
Effluent Pipe
Is right of way to the outialt properly mair ed
Are the receiving vrater f;ee of foam other than tr 3 ee amounts and etherr Wbrisn
if effluent (diffuser pipes are required) are they 'rF'rerat ng properly=?
Yes No NA NE
Yes No NA NE
Llqur d
n n■n
nn■n
n nnn
nn■n
Yes No NA NE.
nn■n
n n■n
nn■n
n n■n
Yes No NA NE
■nnn
n ■ni0
nn■n
Page 4 5

Permt
trr pectian Date: 03100:2010
3C0 ty; I
on Type: r;om
Effluent Pipe,
Comment An LID nFlied tributary to Little Long Creek is the designated receiving
am in the subject hermit, Effluent and instr°e rn samples were collected by 0 v"t
n 8/1 p and 319110 The fa in violated the effluent TSS permit limit and the iw9
Water Stream Standard for turbidity fr>an-trcut streams) See attached page for
complete listing of the results of the samples collected on 318 10 and /9/1
During the 319110 inspection, the majority of the revwater discharge was clear aith
no suspended solids or foam, however, the it tital discharge appeared significantly
turbid with suspended solids, The'i:Iter backwash discharge (occurred a few hours
afterward) appeared severely turbid with suspended solids Alum solids/sludge and
anthracite (filter media) were observed in the receiving strea,rri rsov°oral areas)
downstream of the effluent discharge:

,U
Date Parameter
3112010
r,2 0 I 0
Park
idity
Turbidity
Potassium
(a rrniurn`n
Chreweznlnarrw
Copper
Nickel
Lead
Zinc
Mercury
H
rN
1pstrear n
6,8 ITC
pH of filler rewash clnsulrnar c and
" Water Quairty Stand ard for t rrbidi
(total suspended solids) of
in tl c Downstream tian1J)
ek
\NT. 52 \VI P
Effluent
6;.60 ,u.
95
denotes pH >f filter backwash discharge.
t stream) is 50'NI"V
o ma (monthly av e,raLe) ar
Chuck
lit Little li'ttnn. Creel
Lovv°nstream at Park
1.5,000 rngl`

Pictures taken by DWQ Staff on March 8, 2010.
The unnamed tributary to Little Mountain Creek at the culvert inlet at NE Connector and Northwoods
Lane. This location is approximately 460E ft. - 4800 ft. downstream of the Hwy. 52 WTP effluent
discharge. The total suspended solids and turbidity were measured in the tributary at 15,000 mg/Land
1,000 NTU.

The unnamed
Lane.
in Creek at the uivert t t{et at NE Connector and Northwoods

Pictures taken by DWQ Station March 9,
The unnamed
ent discharge
csidual anthracite (filter media — black color) and alum sludge (on right side ot"tributary),
sidua
to a disc
prior to cusenarg
ge in unnamed tri
nt) downstream of t

uent being discharged during a filter backwash event. The effluent tota
suspended solids wid turbidity were meaSUred at. 196 nig/I and 230 N'T'Ll.
Unnamed tributary, downstream of the Hwy, 52 effluent discharge during a filter backwash event. The
upstream and downstream turbidit�es were measured at 6.8 NTU and 220 NTU,

Office of
Public Utilities
Plants Division
[phone]
City of A lbemarle
North Carolina
NCDENR
DWQ
Mrs, Marcia Allocco
Mooresville Regional Office
610 East Center Ave,
Suite 301 Mooresville, NC, 281 1
Dear Mrs. Allocco,
January , 2010
Mailing Address
P. 0 Box 190
A lbernarte„V
28002-0190
JAN 1 5 no
Subject: Notice. of Violation
Bypass of Dechlorination System
1-iwy. 52 WTP
NPDES Permit No. NC0044024
Stanly County, NC
Tracking #: NOV-2010-PC-0013
Prior to the October 22, 2009 NOV, the operators routinely checked the barrels of SBS before
and after the re -wash cycle to insure SBS was being fed. On October 22, 2009, the tube
feeding the SBS had curled up in the barrel and the end was not in the chemical, This
problem was resolved by running the feed tube through a length of PVC pipe to keep the end.
of the tube at the bottom of the barrel.
On December 21, 2009, we added an additional space heater to the SBS building in
preparation for the cold weather we were expecting the following morning. This caused the
electrical breakers in the building to break, resulting in the chemical freezing in the line and
in the barrel. This problem was resolved by simply removing the space heater and relying on
the built-in heater and a heating strap on the barrel itself,
As per a memo dated October 28, 2009, there has been a daily inspection of the SBS pump
after each re -wash and the system was working fine until the above mentioned December 22
freeze. Since that time, we have adjusted our procedure to insure the SBS was pumping prior
to each use and have not encountered any further problems in our de -chlorination process.
If there are any other questions on this issue, please contact me at '704) 984-9630.

,ll L.Overcast'
Chem. Asst. Plants Suet,
Ernest Borders, City of Alba
Judy ietiwizeo City cfAlbemarle
Carle