NC0024244_LV-2010-0387_20101122

Mooresville Regional Office
Division of Water Quality
MEMORANDUM:
DATE: March 14, 2011
FROM: Rob Krebs711'
TO: Bob Sledge
THROUGH: Marcia Allocco
BY: John Lesley
SUBJECT: Request for Remission
City of Albemarle
NPDES Permit No. NC0024244
Case No1V-2010-0387
Stanly County
MR0 staff has reviewed the subject request for remission. The request stated that the City of Albemarle has
applied for a Special Order by Consent (SOC). This assessment was prepared prior to the submittal of the application;
therefore, this office recommends that the full civil penalty be assessed and included in the upfront settlement
contained in the SOC. The City of Albemarle does not dispute the violations.

DWG M PENALTY RE SSIONFACTORS
Region: 0 County: Tani
AssessedEntity: City of A Bernaria Permit: NC;CO24244
Whether one
petitioners
e of the civil penalty assessment factors vyer wrongly applied to the detriment of the
Whethe the violator pr
ed continuing environ
ent
teether the violation was inadvertent Or a result of an accident:
damage resulting fron the violation,
. (d) Whether the viol ator° had been assessed civil penalties for"any previous violations;
(e) ,t'nether par gent of the civil penalty will! prevent payment for the remaining necessary reniodial actions.
Regional Recommendation (Check One)
Request Denied
Full Remission
Central Office Recomrrendation (Check One)
Request Denied d Full Remission Li
DirectorDecision (Check One)
Request Denied L Full Remission
Date
Partial Rerrrissior
Pa tial Remis'
Partial Remission Amount Remitted
Coeen H. Sullins Director

NCDENR
North Cal -°Una Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
l
t D. Borders, hires
City of ./lhemarle
P. O. Box 190
Albemarle, NC 28002-0190
Dear Mr. Borders:
Divisicn of Water Quality
Cleen FI. Sullins Dee Freeman
Director Secretary
February 16,
of Public 1,1ti1
Subject: Remission Request of Civil Penalty Assessment
City of Albemarle — I..ong Creek WWTP
NPL)ES Permit NC0024244
Case Number' L v'-2010-031 7
Stan I County
This letter is to acknowledge your request for remission of the civil penalty levied ag'
•ty, which was received in our offices on December 17, 2010. Your request vvi
e Director and you will be notified of the result.
if you have any questions about this matter, please contact me at [phone] of
bob.sledge @ ncdenr.gov.
Bob Sledge, I'm
Point Source Branch
-cement
�ainttls
Files w/attachruents
'atonal Office w/attachments
•
1517 Ma+I Service comer, Raleif, , North Carolina V699-15 4 7
Location: 512 N. Salisbury St. Ryilete h, North Carolina 276.04
Phone'. 919.8O7-63fk) i FAX: 979- 07.B492 \ Customer Service, 1.877-623,5749
rrisme: www.ncwaterqual=ty.©ry
Art Er uah Op,rortundy r Altlrrr .rr Aaron, Empioy rr
N rthCalnolina
tits illy

Point Source Compliance / 1' n
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Concern:
tbemarle
alma
I), prrrmen of feat izc C.YEilif ms
'iel.iJt3Gt�)tt�
Fax 7 O Ie984-9 i.:l. >
December,- 17, 2010
ant L.init
Subject: Request for Remission of Civil Penal
Long Creek WWTP
NP1;)ES Permit Number: NC0024244
City of Albemarle
Stanly County
Case lNuniber LV-2010-0387
This letter is in response to the NPD S Permit Number NC0024244 Assessment of
l Penalties; dated November 22, 2010. "I'lie Assessment cif Civil Penalties references the
following areas as listed:
Violation of the discharge limitations found in NPDES Permit No. NC0024244
F2e.ference: Self -monitoring data reported August 201(1 showing the ammonia
nitrogen parameter being reported as 4.54 ingll which exceeded the NPDES Permit
mi't of 2.0 mg/1(monthly average).
As a point rrf law, the Assessment of Civi1 Penalties wr°as warranted. rfhe violation
look as if the City did not perform proper monitoring and make timely adjustments as
needed. Tlie extenuating circumstances require a second look at the assessment of this
penalty.
The City of Albemarle has a active Special ()rrler of Consent: (S()C) application
currently submitted to D\ Q.. The SOC is part ofan agreement worked out with the
Environmental Management Commission concerning our wastewater treatment plant. "The
SOC was submitted by our consulting engineering firm, Municipal EngineeringServices
Company of Garner, NC. The project engineer in cc of our wastewater treatment, plant
improvements is Mr. Ben Clawson, PE.

We also have ar. approved loan from Construction Grants and Loan and a grant .
the NC Rural Center. We are currently awaiting the Authorization to Construct from
DWQ. The engineer assigned to our project number SRF Project CS370572-02 is Mr. Ken
Pohlig, PE.
The elevated ammonia nitrogen levels are directly related to the poor condition of the
plant, Our approved project funding covers the cost of upgrading the basins with new
aeration equipment and workable valves. We are anticipating that our construction bids
will go out in February 201. I, We are asking that you consider our arguments as it relates to
your decision. We also ask that at a minimum that you grant remission of at least 50% of
the assessment, We totallyunderstand our responsibilities in this matter and look to your
reply.
rnest .. Borders, MSETEI, CET, ASCE
Director of Public 'Utilities
Attachments
CC: Raymond 1. Allen, City Manager
J. Redwine
file

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE.MATTER OF ASSES;SNIF NT
OF CIVIL PENALTY AGAINST
CITY OF ALBEMARLE
PERMIT NO. NC0024244
DEPp RTMEN`F OF ENVIRONMENT
AND NATURAL. RESOURCES
WAIVER OF RIGHT TR° AN
AIyMINISTRA'I`IVIF ARING
STIPULATION OF FACTS
FILE NO. EV-2010 (?37
Having been assessed civil penalties totaling S 1,586.74 for violatic t (s;1 as set. forth in the assessment
document of the Division of Water Quality dated. November 22, 2010, tl-te undersigned, desiring to seek
remission of the civil penalties, does by reb vwFaive 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 nc_v=v
evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of
assessment.
This the
da
of tee mia°/2
E-PHONE
BY

JUSJI °!CATION JR REM!, SION REQUEST
DWQ Case Number: LV-2010-0f7`
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $1.,586.74
Please use when requesting rerraission of his civil penalty. You must also complete tl e "Request For
Rentrssir wr°rt rf RLght to an *1cit�terri. cltive Hearing, anrl_Stipttfrr a a rJ I aeI! form to request rani n
_._ art Ff~'a_�
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 oaf the five factors listed below as tlteM= may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violaticara(s occurr°ed or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant tea N,C,G,,S, 1e13-282.1.(c), remission of a civil penalty may be: granted. only
\ `hen one or more of the.follo £iaap 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 tlae f"ac:tor
applies (attach additional pages as needed),
one or more < f the ei it .penal assessment f'rfc.taar
°nt tafthe petitioner the cassesstttrtrt tcrc:tnrc are
v'
explain the steps t
unavo is
}
(d)
(e)
achieve eattmplia
iolator proraptl\, ahated,c
7ok to correct the
v olatot had not lbeen=fssess
prgynaen
pay/Mill of the civil ps malty will prevent
c_VerIt
_Pr� �
'I'It)lV: (use additional pa,(., eresaarv)
rraaeratal damage reesultir
:c'urrences)
previ
explain
it)were wrongfully
i! penalty assessment
ation
s
the activities neceY8ar1) tt

His:wetly Eaves perdue
Governor
NCDENR
North („";irohna Department or 17:rovironmeni. and Natural Rc,sources
kion of 1Vater Qmdity
Coleen tt
Director
CERTIFIED MAIL 7009. 2250 00043266 2552
RETURN RECEIPT REQUESTED
Mr, Ray Allen, C..)ty Manager
City of Albemarle
Post Office Box
.Albemarle, North (iroIina 28002
Dear Mr. Allen:
November 22, '201.0
Dee clfldll
Secretary
SEIBJEGF: Notice of Violation and Assessment of Civil
Penaltyfor Violations of N.C. General Statute
143-215.1(a)(6) and NPD1.1::S Permit No, NC0024244
Albemarle Long Creek WW'EP
Stand County
Case No. 1.V-2010-0387
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,586.74
,500.00 civil penalty $8(.74 enforcement costs) against Albemarle.
This assessment is based upon the I:billowing facts: A review has been conducted of the self -monitoring
data reported for August 2010. This review has shown the subject facility to be in violation of the discharge
limitations found in NPDkS Permit No, NC0024244. The violations are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of1aw that Albemarle violated the terms, conditions,
or requirements of NPDES Permit No, NC0024244 and North Carolina General Statute (G.S.) 143-215 1ra,)(6.1
in the manner and extent shown in Attachment A. civil penalty may he assessed in accordance with the
maximums established by G.S. 143-2E5.6/V02).
Based upon the above Findings of fact and conclusions °flaw, and in accordance with authority
provided by the Secretar) of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 1, Robert 13, Krebs, Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penal(); assessment against Albemarle:
Moo esv le Reg) on f tice
Lan tine 10 friarilf Criruc r Ave., Suite .301 Moore,sv51..NC 28115
Phone. [phone] r 70-1) 66'3-6040 ',Customer Service: 1-S77-623-6748
OP,14,kg.ljt P97
One
NoioiliCarrilut
b
1rplat Ouportimity3 Aei Employel - 50% RecycfraelearPri, Peei Ccormimer paper

1,500,00
1,500.00
86.74
;5,. .74
For or the one t ) violation of Ci ,S. 43-215, I t,a)( 6 and
NPDES Permit No, NC00:4244, discharoing astc into the
waters of the State in violation or the permit monthly average
effluent linnt for ammonia nitrogen,
TOTAL CIVIL PENALTY
.Fn )icfl1flte-)sts.
TOTAL AN :11;NT DLIE
Pursuant to G.S. 1.43-215,6A(c), in determining. the amount of .the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the fzietors set forth at 143B-282,1(h), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the 'violations.;
(3) 'The effect on ground or surface, Water quantity or quality or on air quality;
(4) '[he cost of rectifying the da.mage;
(5) The ain.ount of money saved by noncompliance;
(6) Whether the violations were committed \..villfully oi intentionally;
(7) The prior record of the violator in complying or failing to comply with progsams over which the
1..nvironmental N,lanagement Commission has regulatory authority; and
(8) 'the cost to the State, of the enforcement procedures,
Within thirty days ot rcceipi of this notice, you must do one of the fol
Submit payment of the penalty:
Payment should he made directly to the order of the Department of f:„IlVironment and Natural.
Resources (do not ilode wolveribrin), Payment of the penalty will not.foreclose further
enforcement action for any continuing or IlekV ViOlation(s).
Please submit payment to the attention of:
Point Source Comphance/Enforeement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
OR
Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of .the five factors listed
below as they may relate to .the reasonableness of the amount of the penalty assessed,

Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penaltyassessment
document. Because a remission recluest forecloses the option of an administrative hear:intl., such
a request must he accompanied by ;),. \vaiver of your right to tn administnitive hearing and a
stipulation that no factual or legal isue u e 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 he
i:i:Troved, the following factors shall. he considered:
whether one or more of the civil penalty assessment factors in (.S. 14,-;11-:282.1.(h) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) \vhether the violation was inadvertent or a result of an a.ccident;
(4) whether the violator had been assessed civil penalties fOr aiy. previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions,
Please note that all information presented in support of your request for remission must be
submitted in -writing. The Director of the .E.)ivision of Water Quality will review Vour evidence
and inform you of his decision in thc matter of your remission request. 'Eric response will
providc details regarding ease status, directions for payment, and provision .for further appeal of
the penalty to the Environ.mental Management Comints.sion's Committee on Civil Penalty
Remissions K.Tommince,)„ Please be advised that the Committee cannot oinsider 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 :Fleming and Stipulation of Facts' form within thirty' (30) days of receipt of this
notice. 'F.'he 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 Compliance/Friforcernent Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina. 27699-1617
OR
3. File a petition for an adminislrati e hearing with the Office of Administrative Hearings:
you wish to contest any statement in the attached asse.ssment document you must tile a petition fOr an
administrative hearing, You may obtain the petition form from the Office of ..,,-..d'rninistrative Hearings,
You .must file the petition with the aftice of.Administrative Heari„ngs within thirty (3()) days of receipt
of this notice. petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours,. 1.-he I.„)ffice of .Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 aim and 5:00 pan., except tor official state holidays, '.lhe petition may
be tiled by: facsimile 'fax) or electronic mail by an attached file (with resatictions) - provided the signed.

original. one 1 copy and a tiling fee if
Office of Administrative t fearing's within seven
transmission. You should contact the Office of
filing fee and or the details of the filing process.
for the Office of Administrative I fearings are aS
Office of ..A.dministrative Hearings
6714 lailService Center
Raleigh, NC 27699-6714
"Tel: [phone]
Fax: [phone]
fee is required by NCGS §15011-23.2) is received in the
(71 business ciays following the faxed or elcettonic
Ndministrative 1-learings ith all questions rarding the
The mailing address and telephone and fax numbers
follows:
One (1) copy of the petition must also be served on DEM< as follows:
Mary Penny Thompson, General Counsel,
DENT.:
1601 Mail Service Center
Raki1i. NC 27699-1601
Failure to exercise one of the options above within thirty. (30) days, of receipt of this letter, as evidenced
bv an internal dateltinle received stamp (hot a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penally through a civil action_
Please be advised that additional penalties ma v be asses-„sed Itir violations that occur after the review
period of this assessment. If the violations arc of a continuing nature, not related to operation and;or
maintenance problems, and vou anticipate remedial construction tetivities. then vou may wish to consider
applying for a Sileci al Order by Consent11you have an questions about this civil penalty assessment or a
Special Order by Consent_ please contact the Water Quality Section staflof the Mooresville Regional Office at
704:663- I 699,
cc.
ji
)
il -) .•/
'-',
L '
(Date)
CTIMENTS
Robert B. Krebs
Regi,„mal Supervisor
Surface Water Protection
11,1ooresville Regional Office
Division of Water Quality
11:looresville Rqtional Office Compliance File vv," attachments
Raleigh ComplianeelEnforeement File w/ attachtnents
Central .Files vo' attachments

.ATTA.CHMENT :.A.
:C.ASE:Na. LV,201.04)387
•••0011411 .•.::1)4.t.e. • - .:Par.:4:0)...0.izr•• jR:00,0.t.:(0.d....Vii:140.- ••.:.:N•;•ii•ijii...Lititi,•:(
••• • 0:01 8/2010 ... . :..,...
mtilonia ti•qrogen *434 .mel.l. :2,9: tngI(tn.00thl:y:avet4ge)
...* ...DeriOtes chit penalt,' assessmeht

S7,FATE OF .DEPARINIENT OF ENVIR()NMENT
NATVRAL RESOURCES:
(01\.0ESTANLY
7111E:NIATTE.R......HOF ASSESSNIENT RIQIII-TC) AN
AGAINSTI. 2ND.NtINISTRATIYE
8211181.1.1 ATION. (1.81.51186.1111S
11,54617NO.:.NC0024244
FILE NM. I V-2010-0387
Having been asse.ssed civil penalties totaling 5 1,5862;1'4 for violation(s) as set forth in the assessment
doctiment of the Division of \\Tater Quality dated N(yvember 22, 2010, the undersigned, desiring to seek
remission of the civil penalties, does hereby waive the right to an adinitiistrative. hearing in the above -stated
matter and does stipulate tliat the farts are as alleged in the assessment deetiment. 'file undersigned further
ittriderstitnids that all evidence presented in sitipport of renii.ssion. of this civil penalty must be submitted to the
Iiireet.or of the I)ivision of Water Quality within 30 days tit; receipt of the 'notice of assessment. No new
evidence in support trf a remission request %kill be allowed after 30 days froth the receipt of the notice of
issesstrient.
day of' 2010

pporting documents, is to
TIC `' FOR REMISS IC) R ; ':EST
D\VQ Case Number: [:.'i'-Zfl (l-0 87
Assessed Part': C`ir,` of .Albemarle
County:
Permit Number:
Amount Assessed:
02424
6.74
e use this l rtrr when requesting remission of this civ it penalty°. ea.aaa tarust atlscr e.artrtl lete the " ' . c . t For
t Right to cr a t i i. ` t ir`c a ri tat 'ti arrl<;t ion r l `a:ae°t. " form t.() request remission.
v. You should attach anv do ctatraents tlraat v u beli ve support our reeltrest and arc necessary
consider in e airr.rting your request "c r remiss.' Pl: a c lac a t.rc that a request for
' nsideration of the five factors listed .elow as they n
the amount or the civil penalty assessed. Requesting remission is rte t the proper procedure t t` coartesting
xvhether° the violaatia nCs recurred or the ace ur ....v° or anv of the factual staterraetrts c.ontainc d in the e.iv°i.l pcnarlty
�assessrrrent ducunrent. Pursuarttt to tr(.: (..i.ti. 14 B-2K .l(c), remission of a civil penal
erne or more of the following five t ctc rs applies, l leas check each factor that you. believe app
and provide a detaailed iaan tiearr inelaaeiirrcv�
applies (aattrrLh additional pack
ssess
how pazyat
fiance)

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: City of Albernarle
Albemarle Long Creek, WWII)
County: Stanly
Case Number: 1...,V-20 10-0387
Permit Number: NC0024244
ASSESSMENT FACTORS.
1) The degree and extent ofharm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
No harm has been documented; however, down stream impacts on aquatic would be expected due to
lowered dissolved oxygen concentration and ammonia. toxicity.
2) The duration and gravity of the violation;
The violation occurred due in the month of August 20.10. The monthly average was exceeded by 1,27%.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects are expected on ground water or air quality, Surface waters would likely have been impacted
below the discharge due to ammonia toxicity and a decrease in available dissolved oxygen.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
No money appears to have been saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
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
'ase Number De
LN-2010-0064
PC-2010-0041
iption
710.37 paid 3/22/10 case closed
Failure to implement Pretreatment Program, $4,085.37, remission requested,
case !.2pen,

8) The:cost to the St t+e to the enfore ent procedures
Staff p par tion of e nfbrcerx nt package: I h u:r at .1 /hour
SWF' Regional Sup er« isor re iet x 1hour at 55/hour
Clerical Support: 1 lac ur at 1:5.0 /hour
1`o $86.74
Date RO Supervisor
Division of Water Quality ity

MONITORING REPORT(MR) VIOLATIONS for
Permit: R Seta+
Facility Name_ 3 Para rrt Na
Major Minor
n: a 0 10
Report Date. 11122/1O Page: 3 of 4
ttt egilan: 4tQo 3i tttE? 4'lot ttilan Categoly: tµ Trait v"t l star t Pro ram Catr ry: t �Lrt V '
County: t Sutataa in Violation Aetion: 51
PERMIT: NC0024244 FACILITY: City of Albemarle - Long Creek WWTP
COUNTY: Stanly REGION: Mooresville
Limit Vio tion
MONITORING OIITFALL /
REPORT PPI LOCATION
08 -2010 001 Effluent
7
PARAMETER
Nitrogen, Ammonia Total (as
� N) - Concentration
/�
VIOLATION
DATE
FREQUENCY
08r31110 5 X week
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE % OVER LIMIT
mgll 2 4 54
PERMIT: NC0075701 FACILITY: City of Albemarle - Tuckertown WTP
VIOLATION TYPE VIOLATION ACTION
127.05 Monthly Average Exceeded
COUNTY: Stanly
PCm1 <)2
None ' I T) t ;,
REGION: Mooresville
Limit Violation
MONITORING OUTFALL
REPORT PPI LOCATION PARAMETER
08 -2010 001 Effluent
Flow, in conduit or thru
treatment plant
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
LIMIT VAGUE P°!a OVER, LIMIT VIOLATION TYPE VIOLATION ACTION
08/31/10 Continuous mgd 0_02 0.156 681,65 Monthly Average Exceeded None