NC0024244_LV-2014-0046_20140428

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 28, 2014
CERTIFIED MAIL 7010 0290 0000 4565 2179
RETURN RECEIPT REQUESTED
John E. Skvarla, III
Secretary
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 ww-rp
Stanly County
Case No. LV-20I4-0046
Dear Mr. Allen:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,64922 ($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 November 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, 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 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 C.4hce
Lotion: 610 Eat Center Ave., Suite 301 Mooresville, NC 28115
Phone. (7,04) 663-169.9 ) Fax: (7'04) 563-6040 ) Customer. Service 1-877-523-6748
Internet httpliporial .arienr.orghveludwq
An Ego ai Oporto iota Affirmative Action E. ropiciver — 30% Racycia$10% Pcsi coosumesuut

1,50t .00
,500.00
149.22
1649.22.
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 total mercury.
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S.'14.13L21.6A(c), in determining the amount ofthe penalty I have taken into account the
Findings of Fact and Conclusions of Law and thefactors set forth at G.S. 143B-28.2.1(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 violations;
(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 damage;
(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 notice, you must do one of the following:
Submit payment of the penalty:
Payment should he made directly to the order of the Department of Enviromnent 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 27699-161.7
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 ofthe five factors listed
below as they may relate to the reasonableness ofthe 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 detemiining 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 Management Commission's Committee on Civil Penalty Re -missions (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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative bearing 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 I -fearing. 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 § 150:13-23,2) is received in the Office of Administrative Hearings within
seven (7) business days following the faxed or electronic transmissions You should contact the
Office ofAdministrative Hearings with all questions regarding the filing fee and/or the details ofthe
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 27699-6714
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 27699-160'1
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 you have any questions about this civil penalty assessment, please
contact the Water Resources staff of the Mooresville Regional Office at [phone].
Michael. L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources,NCDENR.
A7"'1'ACHMLN.
cc: Mooresville Regional Office Compliance File wl attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

Out`aII ate
A" ATA
CASE NO. LV_ -00,46
Parameter Reported Value
001 '3 J 13 lot:'
ry 24.3:gL
12 . IL (Monthly av iage)
Staff from the Divis ater Resorb .. s reviewed the ityx of. 1% rra 1 ' response to
NOV-2014-LV-0093, r iv d on Apri 4, 2014. Mitigating factors were not found to
result in a reduced civil penalty

STATE OF NORTH CAROLFNA
COUNTY F STANLY
"TH MATTEROFA F 1F11.
`Is PENALTY AGAINST
'Y OF :\i 1 1\IARI F
IIT NNC0024244
DEPARTMENT OF ENVIRONMT
AND NATUFLAL RESOURCES
ER OF RIGHT TO AN
ISTRATIVE HEARING A 1
STIT'I._ LATION OF FACTS
dT
f F I I_ ' 201 - 046
Il ving beery assessed i Fi.1 penalties totaling ,649.22 forviolation(s) as set forth in the
assessrrient document of the Division of WaWater Resources dated April 28, 2014, 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 filets are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remiss]
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 willbe
allowed after 30 days from the receipt of the notice of asses, ment,
This the day of
ADDRESS

1FJIQNJQR1JLQNJES
DWR Case Number: L V-2014-0046
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, Waiver of Right to an Administrative Hearing, and Stipulation 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 ofthe 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 NC.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the t011owing 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. 143B-282.1(bl were
wro.n.gfully _a_pplied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violatorpromptly abated continuin;Esnyirompental damage resa ngfroin the
violation (Le., explain the steps that you took to correct the violation and prevent
fixture occurrences);
(e) the violation was inadvertent. or a result of an accident explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment 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 perlbrming
the activities necessary to achieve compliance
)
EXPLANATION: (use additional pages as necessary)

NORTH CAR LINA DIVISION OF WATER
ASSESSMENT FACTORS
Violator:
Facility:
County:
Case Number:
City ofAlbemarle
Albemarle LohySreek WWT
Stanly
LV-2014-0046
Permit Number: NC0024244
SOURCES
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:.
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, In the TMDL
developed to address this impairment WWTP were being given mercury limits. The plant discharged
4.24 MGD (monthly average).
2) The duration and gravity of the violation;
There were only two mercury samples collected in November (24 0 ng/L and 24,5 ng/L) resulting in a
monthly average mercury concentration of 24,3 rig/L. This exceeded the permit limit of 12.0 ng/L by
69. 5°A)
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, However, the permittee has begun
additional polymer and coagulant additions, after a DWR TA site visit and the City notes that this has
helped them stay compliant with permit limits in January through March 2014 Therefore, the money
saved by noncompliance could be equivalent to the cost of these chemicals for the month,
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 in their NOV response that additional sampling within the collection
system has occurred in the past 12 months at both controllable and uncontrollable locations in
addition to the Hwy 52 WTP. There has not been one source of the mercury identified through the
sampling so continued identification of sources will continue, Addition of polymers and coagulants at

the recommendation of D P
quarter of 2014.
a
has reduced the mercury concentrations in the effluent in the f
The prior record of the totator i complying or failing to comply ply with progra
Environmental ManagemManagementCommission has regulatory authorit A; and
There have been 28 previous CPAs for the Long Creek l"P with five CPAs issued in the past
twelve months,
Case Number
SP-fi�'gg 0+14-000f1
L -2`0 &4`002i✓
t L '- o14-0 14
SP-201 11
Lei-016-6676_
Description
,250,00 SOS limit violation for T; penalty pad mn full
t ,646..2 limit violation for x ercur , penalty paid n full
1,64 ., 1im t violation for mercer Tenalt _paid in full
i,boo,00 TSSJ pepaitypa.iii mn full
, 7 44 limit violation for merour g penalty_paid.
s ov r
The Bost to the State of the enforcement procedures.
The cost to the Division of Water Resources is 149,22
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ditch the

MONITORING REPORT(MR} VIO
PERMIT: NC78
4549FACILITY: Charlotte Mecklenburg UtlIkty Depart
WTP
ent - Franklin'
`1.
COUNTY Mecklenburg
Report Date: 02/14/14
REGION: Moo aosville
Lt Violation
m0nirr0RiN6 OUTFALL /
REPORT 1 PPI LOCATION \ PARAMETER
1 %
1 ,
11 -2013 i 001 Effluent Chlorine, Totat Residual
'1'1 -.2511 001 Effluent CNorine, Total Residual
/
VIOLAIION UNIT OF CALCULATED
DE FREQUENCY MEASURE LIIT VALUE OVER LIMIT /I VIOLATION TYPE
M
110/13
Weekly 17 \N 51 200 Daily Maximum Exceeded
11/26/13 Weekly
ug/1 17
VIOLATIOW ACTION
None
Daily Maximum Exceeded None
PERMIT: NC0004308
FA TY.: Aluminum Company Of America - Badin Works COUNTY: Stanly
REGION: Mooresville
Limit Violation
MONITORING OUTFAL6 VIOLATION UMTOF REPORT
PPI LOCATION
Effluent Cyanide Tola(as Quarterly 46,6 \ti 79 V PARAMETER
, ll
DATE FREQL1Esiby MEASURE
ug/I LIMIT
CALv,CAULLAue,TED
% OVER LIMIT V,101:ATION TYPE VIOLATION ACTION
11 0
69753. Daily Maximum Exceeded None
PERMIT: NC0024244 FACILITY: City of Albemarle - Long Creek WWTP
,t\i't7t
Limit Violation - LC"::(1L'it) L3
COUNTY: Stanly
REGION: Mooresville
^0J
MONITORING OUTFALL 1 VIOLATION
REPORT PP I LOCATION PARAMETER
DATE FREQUENCY
11 -2013 001 Effluent Mercury, Total (ashig) 11/30/13 Monthly
Concentration
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
ngtl 12 24.25 102 08 Monthly Average Exceeded None Ittl
11 -2013 001 Effluent Solids, Total Suspended - 11/30/13 5 X week mg/I 35 39,53 12,94 Monthly Average Exceeded
Concentration
(4,7

NPDES DMR Violation Penalty Worksheet
Facility:
Albemarle Long Creek WWTP
Previous Violations:
4
DMR:
November 2013 Flo
4.24 MGD
Reduced Penalties.
Proposed
Multiplier:
Response
Information:
DMR
information:
Previous
Violation
Information:
Dec-12
NOV-NRE
Response:
None were reduced
Yes NoLI
DMR
Comments:
Yes NoP
The City of Albemarle NOV-NRE response was received on April 4, 2014, for
the mercury violations and a separate response was received on March 25,
2014, regarding the TSS violation under SOC S10-010 Ad 1). The SOC
violation response notes the exceedance was a result of the new equalization
basin at the Hwy 52 WTP being placed into service the first week of
September and creating slug loads of solids sent to the WWTP. Better
communication between the two facilities has been established to provide
more even loading of solids at the WWTP,
The response regarding the mercury violations noted that additional sampling
within the collection system has occurred in the past 12 months at both
controllable and uncontrollable locations in addition to the Hwy 52 WTP.
There has not been one source of the mercury identified through the sampling
so continued identification of sources will continue, The permittee did note
that a TA visit by MRO staff on December 6, 2013, recommended enhanced
flocculation in the sludge clarifiers and thickeners and the City responded by
incorporating coagulants and polymers at these treatment points and also in
the waste activated sludge lines prior to these process points. These changes
have enabled the City stay in compliance with the mercury limit beginning
January 2014 through March 2014.
There was one monthly average mercury violation (24.3 ng/L - 102.1% over
limit of 12 ng/L) for two sampling events (24.0 ng/L and 24.5 ng/L). There was
also one TSS violation of monthly average SOC limit of 35.0 mg/L (39.5 mg/L)
- DMR addendum acknowledges the TSS and mercury violations. It notes
the WWTP 'continues to experience inhibitory problems with our biological
process from the backlog of alum sludge dumped into the collection system
during September and October 2013. The abundance of solids being
absorbed by our biological mass interferes with metals adsorption, floc
formation, and disinfection. We continue to add coagulants at the clarifiers.
We also began adding coagulants to our sludge wasted to the sludge
thickeners to aid in reducing the alum sludge solids being recycled into the
plant during the sludge thickening process."
Previous CPAs in Jan. 2013, Sept.-13, and Oct-13 for permit limits and Dec,-
12 and Sept. 13 for SOC limit violations, The January and September 2013
CPAs were for mercury 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).
There was one weekly average TSS violation (SOC limit); penalty assessed since
conditions of paragraph 4 of S10-010 were not met to excuse penalty.
Page 1 of 2
Rev 0, 1-10/14

NPDES DMR Violation Penalty Worksheet
Jan-13
Sept-1.
f Oct-13
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 WWTP is currently undergoing construction and that this activity
has stirred up a large amounts of solids, which increased the mercury
concentrations in the WVVTP 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 WVVTP 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 WVVTP
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 Iimit) 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
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."
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 VVWTP 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 VVWTP,"
Other Relevant Discharge of backwash solids from Hwy 52 WTP to Long Creek WWTP
Information: started on 9/6/13; discharge was redirected because of SOC for WTP.
Proposed
LPenalty
Final Penal
Notes:
$1,500.00
Penalty
Outcome:.
ncrease E] Decrease
Same Q`
Page 2of2
Rev. 0, 1 10/14

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