NC0024244_LV-2014-0020_20140228

A A,
AMENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder John E. Skvarla, Ill
Governor Director Secretary
February 28, 2014
CERTIFIED MAIL 7010 1870 0001 1558 1559
RETURN RECEIPT REQUESTED
Mr. Raymond Allen, City Manager
City of Albemarle
Post Office Box 190
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)(6) and NPDES Permit No. NC0024244
Long Creek WWTP
Stanly County
Case No. LV-2014-0020
Dear Mr. Allen
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1 ,649.22 ($1,500.00 civil penalty + $149.22 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 201.3. 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(a0) 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 Resources, 1, Michael L. Parker, 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 Mooresville, NC 28115
Pone: [phone] \ Fax: [phone] \ Customer Service' 1-877-621,6748
Internet rittpfiportal,nortenr orgivierAvo
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One
North Carolina
Naturally

1,500.00
1,500.00
1,49.22
For 1 ofthe 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 Emitfor total mercury,
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(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:
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 ere 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.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of En.vironment 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 Resources
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 Resources 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 Resources 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 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 Resources 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 Resources
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 a.m.. and 5:00 p.,m,
except for official state holidays. 'Ile 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 andlor 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 Hearings
6714 Mail Service Center
Raleigh, NC 27699-671.4
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 n.wm.ber (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
andlor maintenance problems and you antici,pate remedial construction activitiest_thenyou may wish
to considetappl in, for a Special Order by Consent. If vou have any_questions about this civilpenaltv
assessment or a ecial Order by Consent, please contact the Water Resources staff of the Mooresville
Regional Office at (704) 063--1692.
L. Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File wl attachments
Central Files w/ attachments
mlp/ma

Out a
ATTACHMENT
CASE NO. LAT-2014-0020
Date Parameter Reported Value
l E 1 /13 Total mercury 18.2 n ll
Permitis
12.0 rig/I (Montl ly age)
The
City f. lher rle did not provide a response to O -20l 4 0048,although DER
staffreviewed inf ination r �vided n the. October l monitoring report related to the
mercury violation.Mitigatingfactors were not found to result in a reduced civil penalty
nun.

STATE OF NORTH CAROFINI\ DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
JNTY OF STANLY
IN TIIE N4ATTER OF ASSESSMENT WAIVER OF RIGIIT TO AN
OF CIVIL PENALTY AGAINST .A1)MINISTRATIVI3 HEARING AND
CITY OF ALBEMARLE STIPULATION OF FACTS
PERMIT NO. NC0024244
FILE NO, EN-2014-0020
Having been assessed civil penalties totaling $1,649.22 for violation(s) as set forth in the
assessinent document of the Division of Water Resources dated February. 28, 2014, the tmdersigned,
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. 'lite 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 Resources within 30 days
of receipt of the notice of assessment, No new evidence in support of a remission request will be
allowed afier 30 days from the receipt of the notice of assessment.
This the day of
BY
ADDRESS
TELEPIIONE
2014

J SIT '1 -:.ATION FOR REMISSION REQTJEST
DWR Case Number: LV-2014-0020
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0024244
Amount Assessed: $1,649.22
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, WanerpJ Right to an Administrative Hearing, and $tipulation 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. § 143.B-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)_
(b)
one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment actors are listed
in the civil penalty assessment document);
ator promptly abated continuing environmental damage resu1tjjjg&prn the
violation ?,, explain the steps that you took to correct the violation and prevent
future occurrences);
the violation was inadvertent or a result an accident (Le„ explain why the violation
}vas unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed . 'es for an revious.violations;
_ (e)
payment of the civil penalty IN 11 prevent payment for the remaining necessary remedial
actions (i.e, explain how payment ofthe civil penalty will prevent you from peilbrming
the activities necessary to achieve compliance),
EXPLANATION: (use additional pages as necessary

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: City of Albemarle
Facility: Albemarle Lortg Creek
County: Stan
Case Number: I,V-2014-0020
Permit Number: NC0024244
1TP
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 bioaccumulation in aquatic
organisms such as fish with eventual transfer to humans; all NC waters are impaired for mercury due
to elevated levels in fish tissue The plant was discharging a monthly average of 3.95 MGD.
2) The duration and gravity of the violat on;
There were only two mercury samples collected in October (18 0 ng/L and 18.3 ng/L) resulting in a
monthly average mercury concentration of 182 ng/L. This exceeded the permit limit of 12.0 ng/L by
51.3%.
3) The effect on ground or surface
er 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.
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 Resources has no evidence that the violations were committed willfully or
intentionally. The permittee noted on the October 2013 DMR that, The Long Creek VVWTP
exceeded the NPDES permit for mercury, The staff at the WWTP continues to look for sources of
mercury in the collection system and improve the efficiency of the 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 26 previous CPAs for the Long Creek WWTP with four CPAs issued in the past
twelve months.
Case Number Description
LVY2014-0014 ; $1,649.22 lireit violation for mercury within 30-ne- response Winnow
S0-2014-000I $3,25000 SOC limit violations for TSS0 within 30-day response window
Ur/02013-007$ 1$2,397.44 limit viola -ton for mercury penettypaid,
SP720i$10011 I $1,00000 SOC heriPvieration for TSS; penal ale
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $149 22
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources

MONITORING REPORT VIOLATIONS for:
Reprt Date: C1/21/14
Page: 4, of 5
PERMIT: NC0080586
FACILITY: Carolina Stalite Company - Carolina Stallte Company COUNTY: Rowan
REGION: Mooresville
Limit Violation
tto
MONITORING OUTFALL /
REPORT PPY LOCATION PARAMETER
10 .2013 001 Effluent pH
10 ,.2013 001 Effluent pH
VIOLATION
UNIT C)F
DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
10/10/13 2 X month su 9 19,4 115,56 Daily Maximum Exceeded None
10/24/13 2 X month su 9 18.7 107,78 Daily Maximum Exceeded None
CALCULATED
PERMIT: NC0024244 FACILITY: City of Albemarle - Long Creek WWTP
COUNTY: Stanly REGION: Mooresville
Limit Violation
MONITORING
REPORT
OUTFALL
PPI LOCATION
10 -2013 001 Effluent
PARAMETER
Mercury, 'Total (asHg) -
Concentration
VATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE '5 OVER Lt!^ IT VIOLATION TYPE VIOLATION ACTION
10/31/13 Monthly
ngil 12 "18.15 ` 51.25 Monthly Average Exceeded Non
PERMIT: NC0075701 FACILITY: City of Albemarle - Tuckertown WTP
COUNTY: Stanly REGION: Mooresville
Limit Violation
MONITORING OUTF.ALL / VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE. VIOLATION ACTION
10-2013 001 Effluent Flow, in conduit or thru 10/31/13 Continuous mgd 0,02 0.107 434.19 Monthly Average. Exceeded None
treatment plank

Facility: ' Albemarle
Previous Violations:
Proposed 1
Multiplier:
Response
Information:
DMR
Information:
NPDES DMR Violation Penalty Worksheet
ong Creek WTP j i MR: October 2013 1 WFlow:
4 P, Reduced Penalties: S None were reduced
NOV-NRE
Response:
Yes
—I No
DMR
Comments:
Yes No K
NOV-NRE dated 2/6/14; no response received as of 2/24/14,
There was one monthly average mercury violation (51,3% over limit) for two
sampling events (18.0 ng/L and 18.2 ng/L; permit limit is 12 ng/L). DMR
states, "The Long Creek VVVVTP exceeded the NPDES permit for mercury..
The staff at the VVWTP continues to look for sources of mercury in the
collection system and improve the efficiency of the VVVVTP."
Previous I Previous CPAs in Jan. 2013 and Sept.-13 for permit limits and Dec -12 and
Violation I Sept, 13 for SOC limit violations. The January 2013.CPA was for mercury
Information: violations (as were CPAs in Aug.-12, July-12, Oct,-11, Sept.-11, Nov.-09,
Mar.-09, Jan.-09, and May-08, nine (9) total).
Dec-12
Jan-13
There was one weekly average TSS violation (SOC limit), penalty auto assessed
since conditions of paragraph 4 of S10-010 were not met to excuse penalty.
There was one monthly average mercury violation (21.1©!©) over the limit. The
permittee noted on the January 2013 DMR and in the NOV-2013-LV-0096
response that the VVVVTP is currently undergoing construction and that this activity
has stirred up a large amounts of solids, which increased the mercury
concentrations in the VVWTP 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 VVWTP 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).
There was one monthly average mercury violation (31.3% over limit) under
NC0024244. There was also one weekly average violation and a monthly average
TSS violation under the City's SOC; three of three penalized. September DMR
notes, "The Long Creek WVVTP exceeded the permitted limits for TSS (1 weekly
avg. & monthly avg,). During this time the Citty's Hwy 52 WTP had a backlog of
Sept-13 '; alum sludge accumulated in its sedimentation basin which were fed into the
collection system too fast. The City has slowed down this feed rate at the VVTP and
began feeding a coagulent to help settle out these solids in the clarifiers. We also
exceeded our monthly avg, limit for mercury. We have began monitoring our
largest user for mercury on a monthly basis and sampling for mercury elsewhere in
our collection system."
Other Relevant 1 Discharge of backwash solids from Hwy 52 VVfP to Long Creek VVWTP
SO
Information: I started oon 9/6/13; discharge was redirected because of ..�...__
Proposed 1 $1,500.00 Penalty f Increase Decrease [1 Same
Penalty i Outcome:
Final Pena
Notes: l °,
Page 1 of 1
(
Rev OF 1-10/14