NC0024244_SP-2012-0138_20120808

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
August 8, 2012
CERTIFIED MAIL 7010 0780 00005519 1604
RETURN RECEIPT REQUESTED
Mr, Raymond Alen, 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 of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No: NC0024244
Albemarle Long Creek WWTP
Stanly County
Case No. LV-2012-01.38
This letter transmits a Notice of Violation and assessment of civil. penalty in the amount of
$763.49 ($625.00 civil penalty $1.38.49 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 April 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 iaw that the City of Albemarle violated
the terms, conditions, or requirements of NPDES Permit No. NC002,4244 and North Carolina General
Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums established by G.S. 143-21.5.6A(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, .1, Robert Krebs, Surface Water Protection Regional Supervisor for
the Mooresville Region, hereby make the following civil penalty assessment against the City of
Albemarle:
Mooresville Regional Office
Locatkam 610 East Cerffer Ave.. Suite 3.01 Mooresville: NO 28115
Phone: [phone] Fax: [phone] Customer Service 1-877-623-6748
Internet http://portal.nottenr„orgilvvebtwq
One
North
Ar Equai Opponunily Altinatve Acton Employ& - 309 Recycfed,1: 0% PCC CMISUrfler paper

For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0024244, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit tbr fecal coliform.
625.00 TOTAL CIVIL PENALTY
138,49 Enforcement costs.
763,49 TOTAL AMOUNT DUE
Pursuant tO'(.S, 143-215.6A(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 l'orth alUS. 1.4313-282.1(b)„ ‘vhich are:
(1) 'Fhe 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;
(3) '1:‘ he effect on ground or surface water quantity or qualityor on air quality;
(4) 'Fhe cost of -rectifying the d.arnage;
(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 ‘vith programs over which
the Environmental Management Commission has regulatory authority; and
(8) 'Fhe cost to the State of the enforcement procedures.
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 Ni tun
Resources (do not include waiver "bon), 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 ( rnphance/Fnforccmeut 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 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

re.mission 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 he
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 1.4313-282.1.(b) were
Nvrongfully applied to the detriment of the petitioner;
wheth.er 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 payinent, and provision !Or further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advi.sedthat the Committee cannot: consider information that was not part of tile original
remissionrequest considered bythe 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" 'Rim) within thirty (30) days of receipt of this
notice. 'Fhe Div of Water Quality also requests that you complete andsubmit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Point Source Com.plianeelEnforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearing with the 011ie
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 Ad.ministrative 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 §150B-23.2) is received in the Office of Ad.ministrative Hearings within
seven. (7) business days following the taxed 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 th.e Office of Administrative
flearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699,-6714
Tel: [phone]
Fax: [phone]
Onecop y of the petition must also he served on DENR.. as foil
Mary Penny 'Thompson, General Counsel
DENR,
1601 Mail Service Center
.Raleigh, NC 27699-1601
Please ndicate the ease 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 (ieneral's Office for collection of the penalty through a civil action,
Please he advised that additional penalties may he assessed for violations that occur after the
review period of this assessment. lithe violations are of a continuing naturenot related to operation
and/or maintenanceproblems, and you anticipate remedial construction activiticsthen You may wish
to consider applying for a Special Order by Consent. If you have any_questions about this civil penalty
assessment or a Special Order by Consent, please contact the Water Quality Section staff of the
Mooresville Regional Office at [phone].
(Date)
ATTACHMENTS
Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cc: iMooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File wi attachments
Central 'Files w/ attachments
Rk/ma

ITACT ENT A
CASE NO. L -2012-0119
001 ek riding Tr/ 2 1 tc tl olifoz
Reported Va
1 C 11 l '" r 00 Tril
City rat ibemarle did n t provide response to i - 01 -LV-03
tors were not tbitrid on Aril 12 1 R to result in a reduced civi pena
400(11 l00 a1
uklyv geometric man)

STATE OF NORTII CAROLINA DEPARTNIENT OF ENVIRONMENT
AND NAltiRcAL RESOlIRCES
COUNTYMAll STANICY
TN-FHE::MATYERSQF :ASS.ESS.MENT •••). . • 9VAIVIR:Rs(11YRIGFITYTGAN:
QF'''CTVILYPENAL.TYYAGAINST •••• )
•• ••• ••CITY',OF• ALREM.ARI,E ....STIPI$LAiDONSOF ,FACTS
PERMIT NO. NCti024244
1.111.1 NO. LIVi$2,012,0438
Driving been assessed civil penalties totaling $763.49 for vioDtionhs) as set forth in tile
assessment document of the Division of Water Quality dated AuatIst 8„ 2012, the undersigned,
desiring to seek remission of the 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 assessinent. No new evidence in support of a renUsSiOn request will be allowed
after 10 days front the receipt of the notice of assessment.
lhstk drivi of
ADDRIISS
TELEPFK)NE.
BY
))20.12

JILTS' ` ATJO.N,FOR RE wit S1ON R,EQUFS1
DWQ Case Number: LV-2012-0138
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $763.49
Please use this foiin when requesting remission of this civii penalty°. You must also complete the
"Re tent For Remission, Ffialycr 'Ott to an ,4dmini,strative Hecrim and Stipulation pfFacts
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 docurn.ent.
Pursuant to C.G.S, § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the fol.lowirrg 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
;vronappliedto
»tent document)
ion (. .
the violato
n N.C.Ca.S. 143B-'282.1(b) were
ent factors are listed in the civil
abated continuing eiu ironn ental dama e g from the
explain the steps that you took to correct the violation crud prevent fut re occurrences);
(c) the violation was inadvMe
tar 4 result. of an itccic e (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare,io
(d)
the N
later had not been assessed civil penalties for any,, previotts y iolations;
(e) pay-meta.t of the civi penalty_‘ ii1 prevent payjrnent for the remaining necessary remedial.
actions (l.e. explain how payment of the civil penalty will prevent you from perfortrting 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 WVTP
County: Stanly
Case Number: LV-2012-0I3
Permit Number: NC0024244
I) The degree and extent of harm to the natural resources of he 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 3.87 MGD and 5.88 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 2,200 CFU/100
mL, >6,000 CFU/100 mL, >6,000 CFU/100 mL, and 2,100 CFU/100 mL resulting in a weekly
geometric mean of 3,591 CFU/100 mL, This exceeded the permit limit of 400 CFU/100 mL by 798%.
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 20 previous CPAs with five CPAs issued in the past twelve months,
Case Number
LV-2012-0119
LV-2012-0094
EJV-2012-0062
LV-2012-0019
2012-0008
LV-
Description
$637,7 violation of fecal coliform; within 30-day response window
$637,78 violation of fecal coliform; p_enalt_y_ is unpaid
$1,144.67 limit violations of fecal coliform and chromi;umena
$3,644,67 limit violation of fecal coliforninercury, and chromium;na y
1 $2,144.67 limit violations of fecal col
aid

8 The caws
The cos
o o
the State of theenforcement procedure
the Division of Water Qua ity is 1 8. .
Robert B. Krebs, Regional Supervisor
Surface t r Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT{MR) VIOLATIONS for:
PERMIT: NC0024244
FACILITY: City of Albemarle - Long Creek WWTP
COUNTY; Stanly
REGION: Mooresville
Limit Violation
MONITORING OUTFALL 1
REPORT PPI
04-2012 001
LOCATION PARAMETER
Coliforrn, Fecal MF, M-FC
$.roth,44.5CG
Effluent
VIOLATION UNIT OF CALCULATE©
DATE FREQUENCY MEASURE LIMIT VALUE cry OVER LIMIT
04/07/12 5 X week #/1O0rrr1 40O ' 3,591,17 797.79
PERMIT: NC0044024 FACILITY: Clty a:«f Albornarie - Highway 52 WTP
VIOLATION TYPE
Weekly Geometric Mean
Exceeded
VIOLATION ACTION
None t. i .
COUNTY: Stanly REGION: Mooresville
mit Violation
MONITORING OUTFALL /
REPORT PPE
LOCATION
04 -2012 001 Effluent
PARAMETER
FIc1w, in conduit or th
t plant
VIOLATION
DATE FREQUENCY'
UNIT OF CALCULATED
MEASURE LIMIT VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
04/30/12 See Perrnit mgd 0.114 0,1357 19,06 Monthty'Average Exceeded None
PERMIT: NC0075791 FACILI'
City of Albemarle - Tuckertowirn WTP
COUNTY: Stanly
REGION: Mooresville
Limit Violation
MONITORING OUTFALL/ VIOLATION UNIT'OI- CALCULATED .�..a"
,REPORT PPI LOCATION PARAMETER DATE ! FREQUENCY MEASURE. LIMIT VALU,P % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
04 -2012 001 Effluent Flows, conduit or thru " 04/30112 Continuous mgd it ti2.__ .. 6.145 626 Monthly Average Exceede .Norfe
tre atfnent plant