NC0024244_SP-2012-0119_20120713

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P,E,
Governor Director
July l 3, 2012
CERTIFIED MAIL 7010 2780 0003 1461 9676
RETURN RECEIPT REQUESTED
Mr, Raymond Allen, City Manager
City of Albemarle
Post Office Box 190
Albemarle, North Carolina 28002-0190
Dear Mr, Allen:
Dee Freeman
Secretary
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations ofNC, General Statute
143-215.1(a)(6) and NPDES Permit No, NC0024244
Albemarle Long Creek WWTP
Stanly County
Case No. LV-2012-0119
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
5637.78 ($500,00 civil penalty + 5137.78 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 March 2012. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No, NC0024244, The violations are summarized
in Attachment A to this letter.
Based upon the above facts, 1 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.) 143-2151(a)(6) in the mariner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the .maximums established by G.S. 143-215.6A(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, 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:
Mooresville Reg iOnal Office
Location:: 510 East Center Ave_, Suite 301 Mooresville, NC 28115
Phone:: [704), 663-16991 Fax: [phone] \ Customer Service: 1-877-623-6746
intern:et http:riportalmcdenr orgnr•iebruvq
An Eqt4 OpporkiHty AffirmatIve Acton ETployei - 30% Reci(nednt Cs% Past. Consumer pam.
One,
NorthCarolina
Nati/rally

500.00
Fori of the one (1) violation of G.S.. 143-215.1(a)(6) arid
NPDES Permit No. NC0024244, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for fecal. coliform.
500.00 TOTAL CIVIL PENALTY
137.78
EnforcementEnforcemerit costs.
637.78 TOTAL AMOUNT DUE
Pursuant to G.S. 143-21.5..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 forth at G.S. 143B-282.1(6), 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) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
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 follo
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 vioiation(s).
Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
OR
2. Submit a written request for remission ineluding 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 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. 143B-282.1 (b) were
wrong:1)111y 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 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 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 Commission's Committee on Civil Penalty Remissions (Committee),
Please be advised that the Comminee 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" 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 Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-161,7
OR
3. File a petition for an administrative hearing with the Office of Ad " strative 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 .h.olidays. The petition may be filed by .facsimile (fax) or electronic :mail by an
attached file (),vith restrictions) - provided the signed original, one (1) copy and a„tiling fee (if a filing

fee is required by NCGS §1. 0B-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the faxed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding the filing 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 1
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 folio s:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one o
e
on the petition.
to exercise one the options above within,. thirty (30) days of receipt of this notice,
evidenced by an internal date1tirne 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 play be assessed for violations that occur after the
review period of this assessment. Iftheviolations are of a continuing nature,jnot related to operation
and/or rn.aintena.nce problems, and you anticipate remedial construction activities then you may wish.
to consider applying g for a pecial. OrderTby_(pnsent. mmIf you have any questions about this civil penalty.
asse
ssment or a Speccial Order by Consent, please contact the Water Quality Section staff of the
Mooresville Regional Office at (704) 663-1.699.
(Date
ATTACHMF
arcia locc o, Acting Regional Supervisor.
Surface Water Protection.
Mooresville Regional Office
Division of Water Quality
cc: Mooresville Regional Office Compliance File 1,yt attachments
Raleigh Compliance/Enforcement File wl attachments
Central Files w/ attachments

eek ending 3/10/
ATTACHMENT A
CASE NO. V- 01 -0119
Parameter Reported Value
2 Fecal ..1 on orni 99 C/1
Per
400 CPU100 ml„,
ekly geometric m
Ike City of Albemarle response to N V-2012-I,V-0303 reeeiv d on duly 3, 2012, lAras
reviewed by r1WQ staff Mitigating( tors mere riot e d t result its a reduced civil
penalty m un

STATE OF NORTE' CAROLINA DEPARTMENT OF ENVIRONMEN I
AND NA fUR.AL RESOURCES
COUNTY OF STANLY
IN TIIE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF ALBEMARLE
PERMIT NO. NC0024244
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING ANI:)
STIPULATION OF FACTS
ILE NO. LV-2012-0119
Having been assessed civil penalties totaling ,S637.78 for violations) as set forth in the
assessment document of the Division of Water Quality dated July 1.3, 2012, 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 day of
ADDRESS
TELEPHONE
B
2012

JUSTIFICATION FOR RE ON REQUEST
DWQ Case Number: LV-2012-0119
Assessed Party; City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $637.78
Please use this form. when requesting remission of this civil penalty. You must also complete the
Request For Re -mission, Waiver f)f igh to an Administrative Hearing, and,Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of -the factual statements contained in the civil penalty assessment document.
Pursuant to § 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 assessmentfactors in N.C.G.S. 143B-282.1(bl 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 continuingenvj ental damage resulting from the
violation .e, explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been a sessed civii penalties for any_previous violations;
(e)
payment of the civil penalty wilLprevent payment for the remaining necessarylernedial
actions explain how payment q the civil penalty will prevent youfrom performing the activities
necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary,)

NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator: City of Albemarle
Facility: Albemarle Long Creek WWTP
County: Stanly
Case Number: LV-2012-0119
Permit Number: NC0024244
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 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. The plant was discharging between 6;03 MGD and 9.42 MGD for the week in question.
2) The duration and gravity of the violation;
The fecal coliform concentrations reported for the week ending March 10th include 2,400 CFU/100
mL, 150 CFU/100 mL, 2,500 CFU/100 mL, 1,800 CFU/100 mL, and 600 CFU/100 mL resulting in a
weekly geometric mean of 994 CFU/100 mL This exceeded the permit limit of 400 CFU/100 mL by
148.6%.
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
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 19 previous CPAs with four CPAs issued in the past twelve months
Case Number
Description
EN201270994 $637.78 limit violation of fecal coliform; within 30-da_y response window
LV-2012-9062 $1,1:44 67 limit violations of fecal coliform and chromium:penypaid
LV-2012-0019 $3,644,67 limit violation of fecal coliform, mercurLand chromium; penalt 'd.
LV-2012-0008 $2,144.67 limit violations of fecal coliform and mercuai penalty_paid.

"heat t the en
The cost to he Division of
procedures.
ter Quality 37. 78
ar is Allocco, Acting RegionalSuper ris r
SurfaceWater r Protection
Mooresville final Office
Division. of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
PERMIT: NC0024244
FACILITY: +i'ty of Albemarle - Long Creek VI/WTP
COUNTY: Stanly
Report Deter 06/19/12
Page: 6 of 6
REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
REPORT PPI LOCATION PARAMETER
03 -2012 001 Effluent Coliform, Fecal MF, M-FC
Broth,44,5C
VIOLATION UNIT OF
CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT
03/10/12 5 X week.
t#/100mI 400 994,34 148,58
VIOLATION TYPE VIOLATION ACTION
Weekly Geometric Mean
Exceeded
PERMIT: NC0044024 FACILITY: City of Albemarle - Highway 52 WTP
COUNTY: Stanly
None
REGION: Mooresville
Limit Violation
MONITORING OUTFALL
REPORT PPI LOCATION
03 -2012 001 Effluent
PARAMETER
Flow, In conduit or thru
treatment plant
03 -2012 001 Effluent pH
03 -2012 001 Effluent pH
VIOLATION
UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT
3/31112 See Permit mgd 0.114 C0.1326 16.3 Monthly Average Exceeded None.— (1!'
03/01/12 2 X month su 6 v'
03/16/12 2 X month su
VIOLATION TYPE VIOLATION ACTION
6,67 Daily Minimum Not Reached None
5 Daily Minimum Not Reached None
PERMIT: NC0075701 FACILITY: City of Albemarle - Tuckertown WTP
Limit Violation
COUNTY: Stanly REGION: Mooresville
MONITORING OUTFALL /
REPORT PPI LOCATION
03 -2012 001 Effluent
PARAMETER
Flow, in conduit or thru
treatment plant
VIOLATION
DATE FREQUENCY
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
Continuous mgd 0,02 0,113 465.97 Monthly Average Exceeded None ..- p* "t `