NC0024244_LV-2013-0078_20130430

Pat McCrory
Governor
NCDENR
North aroiina Department of Environment and Natural Resources
Division of Water Quality
Charles 'Wakild, P.E.
Director
April 30, 2013
CERTIFIED MAIL 7010 1870 0001 1558 1047
RETURN RECEIPT REQUESTED
John E, Skvarla, ill
Secretary
Mr. Raymond Allen, City Manager
City of Albemarle
Post Office Box 1.90
Albemarle, North Carolina. 28002-0190
SUBJECT: Notice of Violation. and Assessment of Civil.
Penalty for Violations of N.C. General Statute
143-215,1(a)(0) and NPDES Permit No. NC0024244
Long Creek WWTP
Stanly County
Case No. LV-201.3-0078
Dear Mr. Allenµ
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,397.44 ($2,250.00 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 January 2013. 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 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 max.irnum,s 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
Locaton: 610 East Center Ave., Suite 301 Mooresvitte, NC 26116
Phone: [phone] Fax: (704).. 663-604i11 Custom Servf .1 67'7 623-6748
Internet http:iportal.ncden.orgtweb
An Equal Opportunity ; Affirmative Action Employer - 3r0 + Recyclx fl O% Post Consumer paper
One
Carolina
aurally

25OUO For 1. of the one (1) violation of GS, 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 total mercury.
2,25000 TOTAL CIVIL PENALTY
147.44 Enforcement costs.
29J44 TOTAL AMOUNT DUE
Pursuant to G.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 forth at G.S. .143B-282.1(b), which are:
(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.s;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the darnage;
(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 with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this not
lust 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 wrtten request for remission including a detailed justification for such request:
Please be aware that a request for remissionis 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 deterrnining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of he 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. Theresponse 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 (Com.nrittee).
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 offr.ce 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 and/or the details of the

filing process. The rnailing 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 as follows:
Mr. Lacy Presnell, General Counsel
DENR
1601. Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case numbe (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), wiii 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 you have any questions about this civil penaltyassessment or a
Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional
Office at (704) 663-1.699.
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 w/attachments
Central Files w/ attachments
mlp/ma

ATTAC { EN A..
CASE NO.IN-2013-0078
Outfill Date Para ete epoiled Value
Per It i
001 Total mercury 14,5 nga, 12,0 ngiL, average)
The City of Al ema
reviewed by DWQ stal
penalty.
espouse to NOVNOV-2013-1,V-0251 received on April 24, 2013, was
Mitigating factors were not found to result in a reduced civil

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF STANTY
IN THE MATTER OF ASSESSMENT'
OF CIVIL PENALTY AGAINST
CITY OF ALBEIV1ARLE
PERMII7N0...NC0924244
WAIVER OF RIGHT 'FO AN
ADMINISTRATINE HEARING AND
TIPP:LATION OF FACTS
FIEF NO. 1 V-2013-0078
Having been assessed civil penalties totaling S2,397.441 for violation(s) as set forth in the
assessment document of the Division of Water ()panty dated April 30, 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 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 ell i den c e 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
IT,LEPHONE
2013

FICATI©N FOR ISSI©N REQUEST
DWQ Case Number: LV-2013-0078
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $2,397.44
Please use this form when requesting rem.issio.n of this civil penalty. You must also ctamplete the
"Request For Remission, U'aiver o Rjght to an Administrative .fearing, and__.Stipulatwn ot` 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
s in N.C,G.S. 143B-28.I.(b) were
wrongfully applied to the detriment of the petitioner (the assessment actors are listed
an the civil penalty assessment document);
the violator promptly abated continuing envier tunex t l damage result.ingfrort the
violation (Le., explain the steps that you took to correct the violation and prevent future
occurrences);
the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
the violator had not been assessed civil penalties for anyprevious violations;
payment of the civil penalty will prevent payment for the remaining, necessay rerrred,ial
actions (.e.„ explain how payment of the civil penalty vill prevent you from per, rmin�
the activities necessary to achieve compliance).
EX.PLANA TryIf N: (use additional pages as necessary}

MONITORING REPORT(MRf VIOLATIONS for:
Report Date; 04/11/13
Page:. 4 of 6
PERMIT: NC01104308 FACILITY: Aluminum Company Of.America Radin Works
COUNTY: Stanly
REGION: Mooresville
it Violation
MONITORING OUTFALL
REPORT PPI LOCATION PARAMETER
01 -2013 013 Effluent pH
VIOLATION
UNIT OF CAL MATED
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
01/07/13 2 X month su 9 82 811,11 Daily Maximum Exceeded None
PERMIT: NC0024244 FACILITY: City of Albemarle - Long Creek WWTP
COUNTY: Stanly REGION: Mooresville.
Limit Violation
MONITORING OUTFALL /
REPORT PPG
LOCATION
01 -2013 001 Effluent
PARAMETER
Mercury, Total (asHg)
Concentration
VIOLATION
DATE FREQUENCY
UNIT OF CALCULATED
MEASURE LIMIT VALUE % OVER LIMIT
01/31/13 Monthly ng/I
PERMIT: NC0044024 FACILITY: City of Albemarle - Highway 52 WTP
VIOLATION TYPE VIOLATION ACTION
14.53 , 21,11 Monthly Average Exceeded None
COUNTY: Stanly
N: Mooresville
Limit V'irla
MONITORING QUTFALL C
REPORT PPG LOL'ATI©N PARAMETER
VIOLATION UNIT OF CALCUG ATED
DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMYT VIOLATION TYPE VIOLATION ACTION
01 ..2013 001 Effluent Flow, in conduit or thru 01/31/13 See Permit mgd 0,114 0,1426 25,07 Monthly Average Exceeded None
treatment plant

:777.7701,7,
NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator: City of Albemarle
Facility: Long Creek WWTP
County: Stanly
Case Number: LV-2013-0078
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 mercury in excess of the monthly
average permit limit could potentially lead to aquatic toxicity as well as bioaccurnulation 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 3.53 MGD and 16.20 MGD for the
month with a monthly average of 5.51 MGD.
2) The duration and gravity of the violation;
There were only three mercury samples collected in January (14.9 ng/L, 13.2 ng/L, and 15.5 ng/L)
resulting in a monthly average mercury concentration of 14 5 ng/L. This exceeded the permit limit of
12.0 ng/L by 21 1%,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown, 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 noted on the January 2013 DMR and in the NOV-2013-LV-0096
response that the WWTP is currently undergoing construction and that this activity has stirred up a
large amounts of solids, which increased the mercury concentrations in the WWTP effluent, The
permittee notes that the mercury concentrations were reduced in February and March 2013 after the
new filters were placed in service. However, previous information provided by the permittee notes
that solids in the contact chamber were due to old sludge and not solids generated by the WWTP
upgrade. In addition, the monthly average TSS concentration in January 2013 was 22,0 mg/L, which
is well within the permit limits for the VVVVTP and also just above the concentrations that would be
expected were the new filters operating at optimal performance (-15,0 mg/L),

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 24 previous CPAs with seven CPAs issued in the past twelve months
Case Number
LV-2013-0036
LV-2013-0010
LV-2012-0205
L LV-2012-0138
J_V-2012-0119
LV-2012-0094
LV-2012-0062
Description
_L$1,647,44 limit violations of fecal coliform; ptnalty_paid
$4,617,44 limit violations of chromium and mercury, penalty paid
$2,641.10 limit violations of fecal coliform, mercury, and chromium; penalt •aid
$763,49 limit violation of fecal coliform; penalty paid
$637,78 limit. violation of fecal coiforrn, penatty paid
L$637.78 limit violation of fecal coliformi_penaly_paid
$1,144,67 limit violations of fecal coliform and chromium; penal
8) 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