NC0024244_SP-2012-0094_20120619

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
June 19, 2012
CERTIFIED MAIL 7010 27 0 0003 1461
RETURN RECEIPT REQUFS i'ED
Mr. Raymond Allen
City of Albemarle
Post Office Box 190
Albemarle, North Carolina 28002-0190
Allen:
4'
SUBJECT: Notice of Vic lation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)0) and NPDES Permit No. NC0024244
Albemarle Long Creek WWTP
Stanly County
Case No. IN-2012-0094
Dee Freeman
Secretary
this letter transmits a Notice of Violation and assessment of civil penalty in the ount of
S637.78 (S500.00 civil penalty + S 137.78 enforcement costs) against the City of Albemarle.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for February 2012, This review has shown the subject facility to be in
violation of the discharge limitations fbun.d in NPDES Permit No, NC0024244. The violations are
summarized in Attachment A to this letter.
Based upon the above f:trets, 1 conclude as a matter of law that the City of Albemarle violated.
the terms, conditions, or require z rents of NPDES Permit No. NC0024244 and North Carolina General
Statute (G.S.) 143-215. I(a)(0) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums esta.hlished by G.S, 1.43-21.5.6A(a)(2)..
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Moores
Albemarle:
Region, hereby make the following civil penalty assessment against the City of
Mooresville Regional artic
Location; 610 East Center Ave., Suite 301 Mooresville, C 261'i6
Phone. [phone] \ Fax [phone] Customer Serve: 1-377-623-074
Internet: http;liportal.natenr.txg,Fwettivo
One
No ihCarolina
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Al) Equal Opuortunity . Affirmat ve Acllan Employer - 30% ReCycle0
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500,00
For 1 of the one (1) violation of G.S. 14.3-215;1.(a)(6) and
NPDLS Permit No. NC0024244, by discharging waste into the
waters of the State in vi.o.lation of the permit .weekly average
effluent limit for fecal colifOrm.
500,00 TOTAL CIVIL PENALTY
137.78 Enforcement costs;
637,78 TOTAL AMOUNT DUE
Pursuant to G.S. 1.43-21.5.6A..(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions off„.aw and the factors set -forth at G.S. 14313-282;1(b), which are:
(1) 'fbe degree and extent of harm to the natural resources of the State, to the public health, or to
private propertyresulting from the violations;
(2) The duration and gravity of the violations,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money savedby noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over vilia
the Environmental Management Commission has regulatory authority; and.
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the fo .ow*
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:
Point Source Compliance!kn torcement 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 he 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 riot 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 G,S. 1.43.B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an. accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment. of the civilpenalty will prevent .payment for the remaining necessary
remedial actions,
Please note that all information presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Corn_mission'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 ofRight
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 CompliancelEnforeeme.nt Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearing with the Office of Administrative Hearings:
If you. ‘vishto 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 consideredfiled when it is received in
the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday 'between the hours of 8:00 a.m. and 5:00 p,m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing

fee is required by NCGS §15013-.23,2) is received in the Office of Administrative Hearings within.
seven (7) business days 'following the faxed or electronic tra:nsmission. You should contact the
Office of Administrative Hearings with all questions regarding the tiling fee and/or the details of the
filing process, The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as -follows:
Office of Administrative Hearings
671.4 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One ( I) copy of the petition must also be served on DENR as follows::
Mary Penny Thompson, General Counsel
DENR
1.601 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 notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney Generals 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 the -violations are of a continuing nature.. not related to operation.
and/or maintenance problems,and vou anticipate remedial construction a.ctivities then you may wish
to consider anplyin:, fbr a S. eclat. Order by Consent :IT you have any questions about this civiIpepaIty
assessment or a Special Order by Consentalease contact: the Water alitv Section staff of the
.Mooresville Regional Office at [phone].
Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Qua1ity
ATTACHMENTS
cc: Mooresville Regional Office Compliance File wi attachments
:Raleigh Compliance/Enforcement File wl attachments
Central Files w/ attachments
rklma

doeek endtng'2/25i
2/29/12
ATTACHN1ENT A
CASE NO. EV-2012-0094
Para t
2 cal colifonn
ASS
Ref:turfed Value
,"t/1
38 mg/1
The ,tty of Albemarle response to NOV-2012-LV-0259eceived n
review d DWQ staff: Mitigating fator were not found to result
penalty cunt.
Violation is being handled under operate cover because
Consent S 10- 1 .
Perm.tm
400 L`Ull Oft
y geom
35. r
(S C monthlyaverage)
June 8 2012, was
in a reduced civil

1 NORTH CAROLINA
ttl'1`�rf NI.Y
DEPARTNINT OF1N IR NMENT
AND NATuRAF RESOURCES
IN II IE i ` T . OF ASS SS ENT WAIVER OFRG 'I-0 AN
1 CIVIL PFN MIl " AGAI "f ADMINISTRATIVE TI ATI II AR1\( A
I ITS' OF ALBEMARLE STIPULATIONOF FA(" 1
PERMIT NO, N(7.0024244
I - ( - 04
laving been assessed civil penalties totaling 37 7 for iod .tion(s) as set forth in the
isit doc,ument of the Elision of Water Quality • dated Tun 19, 2012 the undersigned, desiring
ek re on of the i\ i1 penalties, does hereby waive the right to an administrative hearing in the
above -stated matter and does stipulate that the fact; are as alleged in the ass ssrr ent document, `1'he
undersigned further understand.s that all evidence presented in support ot lesion of this civil
penalty must be submitted to the Director of the Division of Water Quality days of reeipt of
the notice of assessment No new evidence in support of remission request °iIbe allowed after 30
days from the receipt of the notice of assessment.
Fis the day- of
ADD'SS
BY
TI EPII N

JUSTIFICATION FOR I E ISSI©N REQUEST
DWQ Case Number: LV-2012-0094
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount. Assessed: S637.78
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Rem.sion, Waiver of.,, Ri„ghtto an 4drninlstrcative Hearing, and Stipulation o. Facts'"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to .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 more of the civil penalty asessrrtent f)rcors__znN.0 G.S. 143B-282.1(b) were.
wrongfully applied to the detrimetat of the t etitit tr. r i'the assessment factors are listed in the civil
penalty assessment document);
(b) the vial tor promptly abated continuing
violat o (i.e., explain the steps that you took to correct the violation and prevent inure occurrence
(c) the violation was, inadvertent ,or a result of an accident, (i.e., explain why the violation
was unavoidable or something you could not prevent or prepareo);
(d) the violator had not been assessed civil penalties for any pre is us vipla.tic i ;
(e) payment of the civil penalty vill yent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil pen
necessary to achieve compliance, .
vironmental damage resulting fiAo
will prevent you from per; orrning the activities
E PLANATII)N: (rase additional pages as necessary)

NORTII CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator; City of Albemarle
Faciiity:
County: Stanly
Case Number; LV-20 I 2-0094
Permit Number: NC0024244
Albemarle Lon, Creek WWTP
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 has been documented; however, the discharge of fecal coliform in excess of the weekly
geometric mean permit limit would potentially cause human health concerns downstream of the
facility.
2) The duration and gravity of the violation;
The fecal conform concentrations reported for the week ending February 25th include >6,000
CFU/100 mL, >6,000 CFU/100 mL, 5,400 CFU/100 mL, 2,400 CFU/100 mL, and 290 CFU/100 mL
resulting in a weekly geometric mean of 2,669 CFU/100 rriL., This exceeded the permit limit of 400
CFU/100 mL by 567,1%.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. The best use of the receiving stream (Class C — fish
propagation and recreation use of wading/fishing) may be altered by the fecal coliform due to possible
human health concerns; contact with water,
4) The cost of rectifying the damage; The cost is unknown; no damage has been established,
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown although the facility is under construction
for an upgrade to the wastewater treatment capabilities.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been 18 previous CPAs with four CPAs issued in the past twelve months
Case Number
SP-2012-0001
LV-201270062
LV-2012-0019
LV-2012-0008
Description
2,250 stipulated penalty for TSS violations: penalty paid
,144 67 limit violations of fecal coliform and chromium, penalty paid
$3,644,67 limit violation of fecal coliform, mercug, and chromium;_penalty pid.
$2,144,67 limit violations of fecal coliform and mercury: penally_paid.

The cost to the tothe rmen
The cost othe Division at'
procedures.
7,78,
Robert B Krebs, Regional Supe
Surface Water Protection
Mooresville gianal Office
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
PERMIT: NC0024244
FACILITY; City of Albemarle - Long Creek WWTP
COUNTY: Stanly
Report Data 05/15/12
Page: 3 01 4
REGION: Mooresville
Limit Violation
-
MONITORING OUTFALL /
REPORT PPI LOCATION PARAMETER
,
02 -2012 001 Effluent COlitOrrn, Fecal MF, M-FC
Broth,44.5C
02 - 2012 001 Effluent
Solids, Total Suspended -
Concentration
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE
._../
02/25/12 5 X week #/100m1 400 2,668.46 567.12 Weekly Geometric Mean
Exceeded
VIOLATION ACTION
None
02/29/12 5 X week mg/I 35 38 48 9,93 Monthly Average Exceeded None
PERMIT: NC0044024 FACILITY: City of Albemarle - Highway 52 WTP
COUNTY: Stanly REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
REPORT PPI
LOCATION PARAMETER
02 - 2012 001 Effluent
Flow, in conduit or thru
treatment plant
02 -2012 001 Effluent ph
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
02/29/12 See Permit mgd 0 114 0.1357 19 Monthly Average Exceeded None —
114_
02/15/12 2 X month su 6 5,7 5 Daily Minimum Not Reached None
PERMIT: NC0075701 FACILITY: City of Albemarle - Tuckertown WTP
COUNTY: Stanly REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
REPORT PPt
LOCATION
02 -2012 001 Effluent
PARAMETER
Flow, in conduit or thru
treatment plant
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
02/29/12 Continuous mgd 0,02 0104 417.93 Monthly Average Exceeded None