NC0024244_LV-2013-0036_20130304

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E. John E. Skvarla, W
Director Secretary
March 4, 2013
CERTIi IEI! MAIL 7010 1870 0001 1
RETURN RECEIPT REQUESTED
Mr. Raymond Allen, City Manager
City of Albemarle
Post Office Box 190
Albemarle, North Carolina 28002-
SUBJECT:
0190
8 0958
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-2013-0036
Dear Mr. Allen:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,647.44 ($1,500.00 civil penalty $147.44 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 October 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 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 m.aximungs 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, I, Michael L. Parker, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the City of
Albemarle:
Mooresville Regional Office
Location: 610 East Center Ave., Suite'301 Nltsoresvtfie, N
Phone: [phone], t Sax: (704) 66360
Interne¢: http:!lporlat.ncdenrorghvebhwq
An EquaP Opportunity ? Affirmative Action Employer- 30% Recycled/10% Post Consumer paper
Customer Service 1-877-623-6748
a Carolina
tiredly

1,500.00
0.00
1,500.00
147.44
1,647.44
For 2 of the two (2) violations of Ci.S. 143-21.5.1(a)(6)
and NPDES Permit No. NC0024244, by discharging waste into
the waters ofthe State in violatio:nof the permit weekly
geometric mean effluent limit for fecal coliform.
For 1 of the one (1) violation of G.S. 1.43-215..1(a)(6) and
NPDES Permit No. NC0024244, by discharging waste into the
waters of the State in violation of the pen -nit monthly geometric
mean effluent limit for fecal conform:
TOTAL CIVIL PENALTY
Enforcement costs,
TOTAL AMOUNT DUE
Pursuant to GS.. 143-215.6A(c), in determining the mount 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;
Th.e 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 th.e enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
I. 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 fortn) 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 'fie 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
wrongfully 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 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 27699-1617
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 filings Monday through Friday between the hours of 8:00 am. 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
filing process, The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative illearings
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 numb 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 ofthis assessment. If 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 byConsent. If you have any questions about this civil penally
assessment or a Special Order 'by ConsentLplease contact the 'Water Quality Sectio.n. staff of the
Mooresville Regional Office at [phone].
Michael L. Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File wiattachments
Central Files w/ attachments
mip/ma

C utfall
001
001
001
Date
Week ending 1.0/6112
Week ending 10/ 13 / 12
10/31/12
ATTACH I'1 ENT A
CASE NO. LV-2013-0036
Parameter
Fecal colifornk
Fecal coliform
Fecal coliform
Rrted Value
973 CFU/100 mL
698 CFU/100 rnL
233 CFU/100 mL
Permit Limit
400 CFU/100 mL
(Weekly geometric mean)
400 CFU/100 mL
(Weekly geometric mean)
200 CFU/100 rnL
(Monthly geometric mean)
The City of Albemarle response to NOV-2013-LV-0096 received on. February 21, 2013,
was reviewed by DWQ staff in addition to follow-up information provided by Ms. Holly
Overcash on March 1., 2013. Mitigating factors were not found to resat in a reduced civil
penalty.

STATE OF NORTH '
COUNTY OF STANLY
IlI MATTER F ASSESSMENT
OF f "I\III PI AI: I"Y AGAINST
CITY OF AlALBEMARLE
PERMIT NO. NC0024244
DEPARTMENT OF ENVIRONMENT
ANT) NATURAL RESOURCES
\WAIVER OF RIGHT TO AN
ADMINIS FRATLVE HE N
STIPULATION I"IO?' OF FACTS
FI NO. LY- . I 0036
!laving been assessed ei Fil pertain es t°talirr . $1,647.44 for violation s) s set forth in the
assessment document of the Division of Water Quality dated March 4, 2013, the undersigned
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
istrative
hearing in the above -stated rater and does stipulate that the facts are as alleged in the assessment'
document. The undersigned further understands that all evidence presented in support of reaission of
this civil penalty must be submitted to the Director r of the Division ion of Water Quality within 30 days of
receipt of the notice of assessment No new evidence in support of a remission re nest ill he allowed
after 30 days from the receipt of the notice of assessrrrent,
"I"hip the day of....
ADDRESS
TLI l',PHONE
BY
2013

JUSTIF1CAT ON FOR jJQLJJ
DWQ Case Number: 1,V-2013-0036
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $1,647,44
Please use this form when requesting remission of this civil penalty, You must also complete the
"RejjtIor 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 documentsthat 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 Tenalty a.sse§sment factors in N.C.G.S. 143B-282.1 (b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the 'violator promptly 4bated continuing environmental damage resulting from the
violation (Le., explain the steps that you took to correct the violation and prevent j
uture
occurrences);
(c) the violation was inadvertent or a: result f accident(te„ explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the riolator had not been assessed civil penalties for any previous violations;
- ent of the civil penalty will prevent payment 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 compliance).
(e)
EXPLANATION: (use additional pages as necessary)

Violator:
Facility:
County:
Case Number:
NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
City of Aibemarie
Long Creek WWTP
Stanly
LV-2013-0036
Permit Number: NC0024244
1) 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 3,03 MGD to 8,41 MGD for the first two weeks of October,
2) The duration and gravity of the violation;
The fecal coliform concentrations reported during the first two weeks of October ranged from 100
CFU/100 mL to 6,000 CFU/100 mL resulting in weekly geometric means of 973 CFU/100 mL and 698
CFU/100 mL, These values exceeded the permit limit of 400 CFU/100 mL by 143% and 74°/0
respectively. The elevated weekly concentrations of fecal coliform resulted in a monthly geometric
mean of 232 CFU/100 mL compared with the permit limit of 200 CFU/100 ML (16,6% exceedance).
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 WS-IV —
source of drinking, culinary or food processing as well as fish/aquatic life propagation and secondary
recreation) 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
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 October DMR and in the NOV-2013-LV-0096 response that
the WWTP is currently undergoing construction and that solids in the chlorine contact chamber along
with reduced disinfection ability caused the violation; corrective action was to increase chlorine
residuals. The follow-up information provided by Ms, Overcash noted that the solids in the contact
chamber were due to old sludge and not solids generated by the WWTP upgrade.
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 23 previous CPAs with seven CPAs issued in the past twelve months.

Case Number
LV- 013-001 --
LU-2012-02
eV-2012-0138
LV-2012- 119
V-2012- 094
LV-2012-O02
LV-2012-0019
Description
4, 17,44 limit violations of chromium and mercury; penalty paid
763 49 li
637'7-8
violations of fecal conform, mercury, and chromium, penalty paid
violation of fecal caliform;_penalty paid
violation of fecal conform; penalty paid
637.78 limit violation of fecal colifo , enalty paid
144,67 limit violations of fecal conform and chromium, penalty paid
644,67 limit violation of fecal coliform, mercury, and chromium; penalty paid
The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $147,44.
Michael L. Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING I,!EPORTICII R}VIOLATIONS for:
PE
021628
FACILITY: To
Hof No rod Norwood
Stanly
Report Date: 02/04/13
Page: 6 or 6
REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
REPORT PPI'4
LOCATION
10 -2012 001 $ Effluent
PARAMETER
Colifo(rn, Fecal MF, M-FC
Brotf'i,44.5C
VtOLAi11ON UNIT OF CALCULATED \
DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT
10/20/1'2 3 X week 'i100ml 400 551.78 'v,37.95
VIOLATION TYPE
Weekly Geometric Mean
",Exceeded
VIOLATION ACTION
None
PERMIT: NC0024244
FACILITY: City of Albemarle Long Creek VWWWTP
COUNTY: Stanly REGION: Moores
Limit Violation
MONITORING OUTFALL /
REPORT PPI LOCATION
10 -2012 001 Effluent
10 -2012 001 Effluent
10 -2012 001 Effluent
10 -2012 001 Effluent
F-lL1J
PARAMETER
Chromium, Total (as Cr)
Coliform, Fecal MF, M-FC
Broth,44,5C
Cotrform, Fecal MF, M-FC
Broth,44,5C
Col'iforrn, Fecal MF, M-FC
Broth,44.5C
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIrT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
10/31/12 Monthly ugll 52.7 0.18 Monthly Average Exceeded None t t It,
10/06/12 5 X week #/100m1 400 '- 972.7 `'. 143.18 Weekly Geometric Mean None ti,.=},
Exceeded
10/13/12 5 X week #/100m1 400 697,63 V 74.41
10/31/12 5 X week #/100rnI 200 233.18 - 16,59
Weekly Geometric Mean None
Exceeded
Monthly Geometric Mean
Exceeded
None 4,T'