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Home My WebLink AboutNC0024244_SP-2012-0012_20121119AI a iwrw'awwwwr� NOQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director November 19, 2012 CERTIFIED MAIL 701.0 1870 0001 1558 1108 RETURN RECEIPT REQUESTED Mr. Raymond Allen, City Manager City of .Al.bemarie Post Office Box 190 Albemarle, North Carolina 28002-0190 SUBJECT: Assessment of Stipulated Penalty City of Albemarle EMC SOC S10-010 NPDES Permit NC0024244 Albemarle Long Creek WWTP Stanly County Case No. SP-2012-0012 Dear Mr. Allen: Dee Freeman Secretary The City of Albemarle entered into the subject Special. Order by Consent (SOC) with the North Carolina Environmental ManagementCorrnmission 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 July, 2.012. 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 $2,250.00 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 Albemarle's failure to meet the interim effluent limitation in a Notice of Violation/Notice of Recommendation for Enfb.rcement (NOV/NRE) dated November 1, 2012. To date a response to the Notice of Violation/Notice of R.ecomrnendation for Enforcement (NOV/NRE) has not been received in this office. Therefore, have not found sufficient justification to Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Phone: (704) 663-16991 Fax: I7041663-60 Intent: http:/fportatncc%enr.orglwehlwq USto 11 -877-623-67488 One NorthCarolrta Naturally A�'f Equal Opportunity 3 Affirrret.i.ve Ackn Employer - 3C% ReCyckei i)% . waive the stipulated penalty, and pursuant to paragraph 3 of the SOC, a stipulated penalty in the amount. of $2,250.00 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 L'nit 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. If you wish to contest any statement i.n 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 Bearings and must conform to Chapter 150B of the North Carolina. General Statutes. You must: final petition with the: Office of Administrative 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 27699-1601 and Mr. Bob Sledge DWQ Point Source Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 Please indicate the SOC number and case number (as found on the first page o reference the assessment of stipulated penalties on the petition. If you have any questions coricerriingthis noti 663-1699. Attachment A cc: ores i le Regional 0i Point Source Branch Central Files w/,attachments ` atiun please contact Mar Samar ou-h . ale Surface Water Protection Acting Regional Division ofWater;C Quality e SOC CoordinaCoordinator a Al occo nr e at upervisor Vllatiorae oni utfal Rely rt_ ATTACHMENT Case Number ;-0w0 FACILITY: City of Albemarle - ono Creek Violation Location Date Param COUNTY: Stanly reruerry Cal SOD Lirrrlt % Over Value ( JLI Ir c IL.I, Limit 7-2012 001 7/ 1/12 Effluent T (concentration) 5 X week 3574 12 REGION:ooreeyl Violation Type Penalty t°ntltly Average 2,250..00 Exceeded