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Home My WebLink AboutNC0024244_SP-2012-0006_20120619Ay NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, Governor Director June 19, 2012 CERTIFIED MAIL 7010 2780 0003 1461 9 60 RETURN RECEIPT REQUESTED Mr, Raymond Allen, City Manager City of Albemarle Post Office Box 190 Albemarle, North Carolina 28002-0190 SUBJECT: Assessment of Stipulated Penalty City of Albem.arl.e EMC SOC S10-0.10 NPDES Permit NC0024244 Albemarle Lon.g. Creek WWTP Staniy County Case No, SP-201.2-0006 Dear Mr. Allen: /r,r,-;t4i1 Dee Freeman Secretary The City of Albemarle entered into the subject Special. Order by Consent (SOC) with the North Carolina Environmental Management Commission whereby operation of the Albemarle Long Creek Wastewater Treatment Plant has been placed under interim effluent limitations and an enforceable schedule while the existing 'treatment system is being upgraded. Under paragraph 2(e) of the SOC, the City of Albemarle was required to comply with interim effluent limitations as set forth in the SOC. The City of Albemarle failed to comply with the interim effluent limitation(s) for total suspended solids contained in the SOC for the month of February, 2012. A listing of the number and the extent of the violations is contained in Attachment A to this document, Pursuant to paragraph 3 of the SOC, a stipulated penalty in the amount of $2,25000 is to be paid for violation of a monthly average interim effluent limitation, You were notified of the violation. and your right to justify the City of Albem.arle's failure to meet the interim effluent limitation in a Notice of Violation/Notice of Recommendation for Enforcement (NOV,NR„E) dated May 25, 2012, 1 have reviewed the City of i1/2,1bemarle's reply dated June 6, 2012, which stated the violation occurred because of the removal of the accumulated sludge in the aeration basins and the condition and age of the current wastewater treatment plant. After careful review .of this .matter, 1 have not Mooresville Regional Office Location: 610 East Center Ave,: Suite 301 Mooresville, NC 28'115 One Phone: (704) 663-1699) Fax: F04) 6616040 ; Customer Semice: .1-877-623-6748 NorthCarolma Internet http.//portal,ncdentorglweb4g t/Ira/1y Equai OppoOunity Affirmative Ar:tioo Employer - 30% Recycled/I" Post Consumer paper found sufficient:Justification to waive the stipulated penalty, therefore, and pursuant to paragraph 3 of the SOC, a stipulated penalty in the amount of $2,2.50.00 is now due for said violation. Payment by check made payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. lf you 'wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 15013 ofthc North Carolina General Statutes. You must: File your original petition with the: Office of Achninistrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and. Mail or hand -deliver a copy of the petition to Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 .Mail. Service Center Raleigh, North Carolina 276994601 and Mr. Bob Sledge DWQ Point Source Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please indicate the SOC number and case number (as found o.n the first page of this.1 and reference the assessment of stipulated penalties on the petition. If you have any questions concerning this notification please contact Marcia Alloccci or me at (104) 6631699. Attachrtierit A Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor Division of Water Quality cc: Mooresville Regional Office SOC Coordinator Point Source Branch Central Files wi attachments PERMIT: NC0024244 trill Violations ATTACHMENT Case Number - 0 .- 00 FACILITY: City of AlbemarI - Long Creek Monitoring Visitation utt f Date Location Rurt Pars ete COUNTY: Stanly REGION: r le SOO Frequencylutd Value (rn iLI I t 2-2012 001 02/29/12 Effluent T" (cancan io i X week 38,48 Over 3 Viol on Type Mona' y Average Exceeded $2,250.