NC0024244_SP-2012-0205_20121119

NCDENR
Norh Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
November 19„ 2012
CERTIFIED MALL 7010 1870 0001 1558 1108
RETURN RECEIPT REQUESTED
Mr. Raymond Allen, City Manager
City of Albemarle
Post Office Box 190
Albemarle, North. Carolina 28002-01.90
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. i(a)(6) and NPDES Perinit No. NC0024244
Albemarle Long Creek WWTP
Stanly County
Case No. LV-2012-0205
Dee Freeman
Secretary
Dear Mr. Alien:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2„641.10 ($2,500.00 civil penalty + $141.10 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 July 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, I conclude as a matter of law that the City of Albemarle tiriolated
the terms, conditions, or requirements of NPDES Permit No. NC0024244 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. 143-215.6A(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, Samar Bou-Ghazale, Acting Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the following, civil penalty assessment against the
City of Albemarle:
M.00resvitre Regional Office
Location: 610 East Center Ave. Smite 301 Moorosville, NC 28115
Phone [phone]i6991 Fax: [phone] Customer Sevice: 1-877-623-6748
Internet littp'.!lportal.ncdenr.orgfwebrwq
All Equal Oppurtunily? ,ffirrvnar=ce Acti,un Emp6oynr - 30% Fecyci ii,% Past Consumes paper
One
NorthC folma
Natilra//ji

625.00
For 1 of the one (1) violation of G.S. 143-2I5.1(a)(6) and
NPDES Permit No. NC0024244, by discharging waste into the
waters of the State in violation of the permit geometric mean
effluent limit for fecal coliform.
1,875.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
0.00
2,500.00
141.10
2,641,10
NPDES Petinit No. NC0024244, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for mercury.
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 monthly average
effluent limit for chromium.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6.A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1)
(2).
(3)
(4)
(5)
(6)
(7)
(8)
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;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violations were committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
The cost to the State of the enforcement procedures.
n thirty days of receipt of this notice, you roust do one of the fo
Subunit payment of the penalty:
0
ing:
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/Enforcement 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
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)
(2)
(3)
(4)
(5)
whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from
the violation;
whether the violation was inadvertent or a result of an accident;
whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all inforrn.ation 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 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 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

File a petition for an administrative hearing with the Office of 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 Administrative Hearings during normal office hours, The Office of Administrative
Hearings accepts flings 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 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
failing process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR a
Mary Penny Thompson, General Counsel
DENR
1601. Mail Service Center
Raleigh, NC 27699-7.601
0
ows:
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 General's 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. I f the violations are of a continuing nature, not related to operation
and/or maintenance problems, and you anticipate remedial construction activities, then you may wish
to consider applying for a Special Order by Consent. If rou have any questions about this civil penalty
der at(704) by
Consent, contact the Water Quality Section staff of the
Mooresville Regional. Office

Sam Bou-Ghazacling Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachrn:ents
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
sbg/ma

Outfall Date
ATTACHMENT A
CASE NO. TV-2012-0205
Parameter
Reported Value
001 Week ending 7/21/12 Fecal coliform 968.3 (1 1/100 trit *
001
001
7/31/12
7/31/12
Mercury
Chromium
23.4 ng/L*
53.7 pg/L
Permit Tel
400 CF111100 nil
(Weekly geometric mean)
12.0 (Monthly average)
52.6 tig/L (Monthly average)
lhe City of Albeinarle did not provide a response to NOV-2012-LV-0553. Mitigating
factors were not found on the July 2012 DMR to result in a reduced civil penalty amount,

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL, PENALTY AGAINST
CITY OF A.LBEMARLE
PERMIT NO. NC0024244
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2012•-0205
Having been assessed civil penalties totaling $2,641.1.0 for violati©n(s) as set forth in the
assessment document of the Division of Water Quality dated November 19, 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
BY
, 2012
ONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: UV-2012-0205
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $2,641.10
Please use this .form when requesting remission of this civil penalty. You must also complete the
"Request .For RCITliSSiM Waiver pf Right 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 N.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 penaltyassessment factors n N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the -..,etitioner the assessment factors are listed in the civil
penalty assessment document);
(b) the yiolator.promptly abated continuing env ientaldarnae damsresulting from the
violation i.e., explain the steps that you took to correct the violation andpreventfiiture occurrences):
(c) the violation was 'inadvertent or a result of an accident (1,e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penaities for any previous violations.;
(e) payment of the civil pcnalty will prevent payment for the rgpaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you frO,n performing the activities
necessary to achieve compliance),
EXPLANATION: (use additional pages as necessary)

Violator:
Facility:
County:
Case Number:
NORTH CAROLINA DIVISION OF WATER OUMATY
ASSESSMENT FACTORS
City of Albemarle
Albemarle LqpgCreek WWTP
Stanly
IN-2012-0205
Permit Number: NC0024244
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. The plant was discharging between 2,83 MGD and 6.97 MGD for the week in question.
2) The duration and gravity of the violation;
The fecal coliform concentrations reported for the week ending July 21st include 690 CFU/100 mL,
3,400 CFU/100 mL, 2,700 CFU/100 mL, 640 CFU/100 mL, and 210 CFU/100 mL resulting in a
weekly geometric mean of 968,3 CFU/100 mL. This exceeded the permit limit of 400 CFU/100 mL by
142%, There were 21 chromium samples collected in July, which resulted in a monthly average
chromium concentration of 537 ug/L. This exceeded the permit limit of 52.6 141_ by 2 1%, There
were three mercury samples collected in July, which resulted in a monthly average mercury
concentration of 23.4 ng/L. This exceeded the permit limit of 12.0 ng/L by 95.3%,
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. In addition, mercury is a bioaccumlative toxin and can
cause fish consumption advisories with elevated fish tissue concentrations,
4) The cost of rectifying the damage; The cost is unknown; no damage has been established
5) The amount ofmoney 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 21 previous CPAs with six CPAs issued in the past twelve months

rrn
Faso, Number
V-2012-0138
eV-2012:0119
LV-2012-04
LV-2O12- 0 2
127-2012-9019
LV-2012-0008
763 A9 limit violation of focal coliform
$ 37.7 limit violation of fecal coliform; penalty paid
of fecal colito: , penalty paid
37.73 famat violation_.___ m_
„ii
144 6 limit viol ti r _cf fecal co iform nd chrmi m, penalty paid
7644,67 limit violation of fecal coliform morcuu- and enrol/dam, penalty paid
7.2,144, 71irnit violations of focal coliform and mercury, penalty paid_ ..mm.
The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $141.10.
Samar ou-Gh .: , Acting Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR) VIO
TIONS for:
PERMIT' NC0020737 FACILITY: City of Kings Mountain - Pilot Creek WWTP
CQUNTY: Cleveland
Report Date; 10/22/12
Page: 2 of 3
REGION: Mooref vill
Violation,
MONITOR OUTFALL /
REPO9
PARAMETER
07.012 001 Effluent Zinc, Total (as Zn)
07012 001 Effluent Zinc, Total (as Zn)
0'7 -2012 801 ueal -�-Zinc Total (as Zn)
PPI LOCATION
VIOLATION
DATE FREQUENCY
07/13/12 Weekly
07/19/12 Welikly
07/31/12 Weekly
UNIT OF
MEASURE
VALUE
CALCULATE
% OVER LIMIT
1,660 185.71
643 10.67
66'5w5 33,85
VIOLATION TYPE VIOLATION ACTION
004 Maximum Exceeded ? None
Daily Maximum Exceeded, None
MonthtyAv..or ga.ExCeeded None
PERMIT: NC0024244 FACILITY; City of Albemarle - Long Creek WWTP
®irnit Violation
COUNTY: Stanly
REGION: Mooresville
MONITOFLNG
OUTFALL /
REPORT PPI LOCATION
07 -20 2 001 Effluent
07 -2012 001 Effluent
07-2012 001 Effluent
07 _2012 001 Effluent
PARAMETER
Chromlum,'Total (as Cr)
Coliforrn, Fecal MF, M-FC
Broth,44.5C
Mercury, Total (asHg) -
Concentration
Solids, Total Suspended -
Concentration
VIOLATO`4
DATE
07/31/12 Monthly
07/21/12 5 X wee,.
07/31/12 Monthly
07/31/12 5 X week
UNIT OF
FREQUENCY MEASURE LIMIT
ug/I 52.6
100mi 400
ng/l 12
mg/I 35
CALCULATED
VALUE %OVER LIMIT
53.71 v 2.12
968.32'," 142,08
23,43 V
35.74v
VIOLATION TYPE VIOLATION ACTION
Monthly Average Exceeded None
Weekly Geometric Mean None
Exceeded
Monthly Average Exceeded None
2.12 Monthly Average Exceeded None

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