NC0024244_LV-2013-0010_20130115

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Reso
Division of Water Quality
Charles Wakild, P.E.
Director
ces
ohn E. SkVarla, Ill
Secretary
CERTIFIED MAIL 7010 1870 0001 1558 1184
RETURN, RECEIPT, REQUESTED
Mr. Raymond Allen, City Manager
City of Albemarle
Post Office Box 190
:Albemarle, North Carolina 28002-0
SUBEC1':
Dear Mr. Allen:
'This letter transmits a Notir
$4,647.44 ($4,500.00 civil penalty
90
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
Long Creek WWTP
Stanly County
Case No. 1..,V-2013-0010
of Violation and assessment of civil penalty in the amount of
$141aT0 enforcement costs) against the City of Albemarle.
This assessment is based upon the following facts: A review has been conducted of the sel.f-
monitoring data reported for August 2012. This review has shovn 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 violated
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, ',Michael L. Parker, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the City of
Albemarle:
htocresvNe RegEot aI Offrce
Location: 610 East Center Ave., Suite 331 Mooresvitie, NC 26116
Phone. (7Q4) 663-1699 t Fax: [phone] Customer Service 1m i77 23-6748
Internet httpliportalrucdenr.crg!web4q
An Equal. Opponunrty Afffrratn e Acton Employer - 30% Rooyder]d :0,:o Post Consumer paper
othCariina
turaily

2,250.00
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.
2 250.00 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 mercury.
4,500.00 TOTAL CIVIL PENALTY
En forcern ent costs.
647.44 TOTAL AMOUNT DUE
147.44
Pursuant to G.S. 143-215.6A(c), in deterniining the amount ofthe penalty I have taken into account the
Findings of Fact arid 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 heal.th, or to
private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or s-urface 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.
Wi.thinthirty days of receipt of this notice, you must do one of the following:
1. 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 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 dale 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 he approved, the following factors shall be
consi.dered:
(1)
(2)
(3)
(4)
(5)
whether one or more of the civil penalty assessment factors in G.S.143B-282.1.(b) were
wTongfully applied to the detriment ofthe 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 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
EnvironmentailManagement Commission's Committee on Civil Penalty Remissions (Comm.ittee).
Please be advised that the Committee cannot consider infomiation 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 he submitted to the following address:
Point Source Compliance/E.nforcernent Unit
Division of Water Quality
161'7 Mail Service Center
Raleigh, North Carolina 27699-1617
OR.
3. File a petition for an administrative hearing with the Office of Administrative rings:
If you wish to contest an 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 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 arid/or the details of the
filing process. The mailing address and telephone and fax numbers for the Office of
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax.: [phone]
One (I) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
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. If the violations are of a continuing nature, not related to operation
and/or maintenance roblems, and you anticipate remedial construction activities then you may wish
to cojrppjyjrgfora Special Order b Consent. If ou have any questions about this civil penalty
assessment or a 'al Order by Consent, please contact the Water Quality Section staff of the
Mooresville Re 'ona 704) 663-1699.
7-e2/3
(Date)
ATTACHMENTS
"ichael L. Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/attachments
Central Files w/ attachments
mlp/ma

ATTACHMENT
CASE NO; TV - 413-0011
Parameter
001 t' 1 2 Total romitem
001 / l 1 Total ereury
Reported N al.
80 "1
16,1 rrigIL
Perm1t
oralt y averaged
�1onthly average)
he City of Albemarle was a carded an exte io . to January , 2013, tea respond. to NOV
1 - - 1 ; to date no response has been received by the Division. ision. Mitigating factors
were not found on the August 2012 dischargemonitoring report t result in a reduced civil
penalty arc aut t

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF STANLY
IN 'THE MA ITER OF ASSESSMENT
OF CIVIL PENAL:FY AGAINST
CITY OF ALBEMARLE
PERMIT NO, NC0024244
WAIVER OF RIGH'f LOAN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. 1 V-2013-0010
fiaving been assessed civil penalties totaling $4,647.44 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 15, 2013, 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. 'fhe 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
Ishis the day of 2013
_ _
ADDRESS
'fFELEPHONE

JUSTIFICATION FOR REMISSJON REQUEST
DWQ Case Number: LV-2013-0010
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $4,647A4
Please use this form when requesting remission„ of this civil penalty. You must also complete the
"Request .For .Remission. Waiver of .Right to an Administrative Hearin and Sti. ulation o 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 penalty assessment factors in N.C.G.S. 143B282.1(b) were
wrongfulf., a lied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violatorsromptly abated continuing, environmental damage resulting ,from the
violation (Le., explain the steps that you took to correct the violation and preventpreventfuture
occurrences);
(cthe violation was inadvertent or a rest I of a accident, (i.e., explain why, the violation
was unavoidable or something you could not prevent or prepare for):
(d) the vio1atoi had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will preventpayment for the :remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve coinpiiance).
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER OLJALJTY
ASSESSMENT FACTORS
Violator:
Facility:
County:
Case Number: LV-2013-0010
City of Albemarle
Long Creek WWTP
Stanly
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 chromium in excess of the monthly
average permit limit could potentially cause aquatic toxicity concerns downstream of the facility.
Discharges of mercury in excess of the monthly average permit limit could potentially lead to aquatic
toxicity as well as bioaccumulation in aquatic organisms such as fish and transfer to humans; all NC
waters are impaired for mercury due to elevated levels in fish tissue, The plant was discharging
between 3,08 MGD and 10,22 MGD for the month with a monthly average of 5,07 MGD,
2) The duration and gravity of the violation;
There were 21 chromium samples collected in August, which resulted in a monthly average chromium
concentration of 80.1 lug/L. This exceeded the permit limit of 53,5 u.g/L by 49.7%. Most of the values
ranged between 50-701.1g/L although an elevated concentration of 490 vig/L occurred on August 30,
2012. There were only two mercury samples collected in August (14.6 ng/L and 17.6 ng/L) resulting
in a monthly average mercury concentration of 16.1 ng/L. This exceeded the permit limit of 12.0 ng/L
by 34.2%.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. The discharge of chromium in excess of the monthly
average permit limit could potentially cause aquatic toxicity concerns downstream of the facility,
Discharges of mercury in excess of the monthly average permit limit could potentially lead to aquatic
toxicity as well as bioaccumulation in aquatic organisms such as fish and transfer to humans, all NC
waters are impaired for mercury due to elevated levels in fish tissue,
4) The cost of rectifying the damage; the cost is unknown„
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown,
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. The permittee notes on the August DMR that an equipment malfunction occurred on
August 9, 2012, when sludge was being pumped to a digester resulting in the digester draining to the
head of the WWTP and that this affected the chromium (and TSS) concentrations in the VVVVTP
effluent, However, the chromium concentration remained relatively low (as noted above) during the
month until a spike was observed on August 30, 2012, A pretreatment inspection by MR0 staff in
May 2012 noted a chromium pass through issue from a permitted industry; report notes a civil penalty

had been assessed (chromium violations June 2011 and December 2011), In addition, staff from
MR0 visited the WWTP in July 2012, which resulted in an additional technical assistance visit at the
end of August 2012 by B. Sifford regarding improved operation of the Albemarle WWTP.
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 22 previous CPAs with seven CPAs issued in the past twelve months.
Case Number
Description
LV-2012-0205 $2,641.10 Rmt viotations of fecal coliform, mercury, and chromium;_penalty unpaid
LV-2012-0138 $763.49 limiton o fecal coliform; penalty paid
LV-2012-0119 $637.78 limit violation of fecal coliform: penalty paid
LV-2012-0094 $637.78 limit violation of fecal coliformi_penalty pjd
V-2012-0062 $1,144,67 limit violations of fecal coliform and chromium; pena
V-2012-0019 $3,644.67 limit violation of fecal coliform, mercu_D', and chromiu
LV-2012-0008 $2,144,67 limit violations of fecal coliform and mercury; penalty paid
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $147.44.
Date Michael L. Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
PEf Mrr NC0024244
FACILITY: City of Albemarle Long Creek WWTP
COUNTY: Stanly
Report Date 01/14/13
REGION: Mooresville
2af2
Limit Violation
MONITORING
LOCATION
08 -2012 001 Effluent
08,-2012 001 Effluent
08 _ 2012 001 Effluent_..
OUTFALL
REPORT PPI
PARAMETER
Chromium, Total (as Cr)
Mercury, Total (asHg)
Concentration
Solktst" Totar'Suspended
Concentration
VIOLATION UNIT OF
DATE FREQUENCY MEASURE
08/31/12 Monthly ugfl
08/31/12 Monthly ng/l
LIMIT
CALCULATED
VALUE % OVER LI
80.1 52ti3.7
T VIOLATION TYPE
Monthly Average Exceeded
161.1 34,17 Monthly Average Exceeded
08/31/12 �5Xweek fig_ .._ ...35_ ....-.38.33
MontliT A iitage"Eic®eded
VIOLATION ACTION
it
Proceed to NO
Proceed to NO
611 13PJ-_._