NC0074756_Enforcement_20160524

Water Resources
ENVIRONMENTAL G UAL TY
July 26, 20I6
Mr. Andy Lucas
Greater Badin Water & Sewer Distric
1000 N 1 S` Street, Suite 12
Albemarle, NC 28001
PAT MCCR©RY
DONALD R. VAN DER VAART
S. JAY Z1MMERMAN
Subject: Payment Acknowledgement
Badin WWTP
Permit. Number NC0074756
Case Number: LV-2016-0089
Stanly County
Dear Permittee:
This letter is to acknowledge receipt .of payment in the amount of $350 33 received from you on
July 25, 2016. This payment satisfies in full the above civil assessment (s) levied against the
subject facility, and this case has been closed. Payment of this penalty in no way precludes
future action by this Division for additional violations ofthe applicable Statues. Regulations, or
Permits.
If you have any questions, please contact Wren Thedford at 919-807-6304.
Sincerely,
Wren Thedford
Wastewater Branch
cc: Central Files
NPDES
Mooresville Regional ©ffice
State of North Carolina,
1617 Mail see•iceColter

Certified Mail # 7015 1520 0002 8376 1329
Return Receipt Requested
Andy Lucas
Greater Badin Water & Sewer District
1000 N 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT:
Dear Lucas:
May 24, 2016
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S) 143-215,1(a)(6)
and NPDES WW Permit No. NC0074756
Greater Badin Water °. Sewer District
Badin WWTP
Case No. LV-2016-0089
Stanly County
gams 7 Vt
Saes
4
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.33 ($250.00 civil penalty +
$100.33 enforcement costs) against Greater Badin Water & Sewer District.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Greater Badin Water & Sewer District for the month of December 2015. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0074756. The violations, which occurred in December 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Greater Badin Water & Sewer District violated the tenns,
conditions or requirements of NPDES WW Permit No. NC0074756 and G.S. 143-215,1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215,1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Greater Badin
Water & Sewer District:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 2.8115
704-663-169'9

1 of the 1 violations of 143-21.5.1(a)(6) and Permit No.NC0074756, by discharging waste water into
the waters of the State in violation of the Perrn
$250.00 TOTAL CIVIL PENALTY
1104.33 Enforcement Costs
$350.33 TOTAL AMOUNT DUE
onthly Average for FLOW.
Pursuant to C.S. 143-215.6A(c), in determining the amount of the penalty l.have taken into a
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
cou
the Findings of Paet
(1) The degree and extent of harr a to the natural resources of the State, to the public health, or to private property
resulting from, the violation;
(2) The duration and gravity ofthe violation;
(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 violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
rvianagernent Commission has regulatory authority; and
(8) ,The cost to the State ofthe enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the foliowing:
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order ofthe Department of Environmental Quality (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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-:1617

PPFP Option 2: Submit a written request for remission or mitigation 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 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. 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 and
agreement 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:
() whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was 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 evidence 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 the 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 "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Pacts" form within thirV (30) days of receipt of this
notice. The Division of Water Re urces 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

Option 3:
a p
.
on for
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.rn. 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 (i.f a filing fee is required by NCGS §150B-2,3.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. YQU
should contact the Office of AdministrativeHearingswith allquestions 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 ings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 letter, 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, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at roberto,schellergncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement. File
NPDES Compliance/Enforcement Unit - Enforcement File.
R1s0

PE -y IT- NC00747 8
FA II.I : Sadin
VIOLATIONS)
LOCATION: Outfallliitl - tflt�ert
iirlaon Report
Date ranth!'i
[Pa mete
ATTACH ENT A
Greater Badin Wtier & Sewer District
CASE NUMBER: L-1-009
REGION: Itilooresv
COUNTY: Stanlyr
Unit of Cal ul ted °A Ove Violation
Frequency Measure Value Value Limit Type
12-15 Flow, in conduit gar thru Continuous mod
treatment plant
0.5
95.0 Monthly
Average
Exceegad

JUSTIFICATION FOR REMISSIONREQUEST
Case Number: LV-2016-0089
Assessed Party: Greater Badin Water Sewer District
Permit No.: NC0074756
County: Stanly
Amount Assessed: $350.33
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 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 apply. 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(b) were wrongfully applied to the
detriment of the petitioner (the assessment actors are listed in the civil penal ty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation explain the
steps that you took to correct the violation and prevent uture occurrences):
(c) 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);
(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 .e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance),
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Greater Badin. Water & Sewer District
Badin WWTP
PERMIT NO. NC0074756
DEPARTMENT OF ENVIIZON
ENT
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-20i6-0089
QUALITY
Having been assessed civil penalties totaling $350.33 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated May 05, 2016, the undersigned, desiring to seek remission of the civil penalty, 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 Resources within thirty (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.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

STANLY) COUNTY
Weeit
March 25, 2016.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources NC DEQ
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Response to Notice of Violation & Intent to lssue Civil Penalty
Tracking No. NOV-2016-1.V
NPDES Permit No, NC0074756
Kadin WWTP
Stanly County
Dear Mr. Basinger:
The Greater Had.in WWTP NPDES Permit No. NC0074756 would like to address and explain the
circumstances concerning the self —reported flow limit exceedance during the month of December 2015.
After experiencing one of the wettest Novembers on record in 2015 in North Carolina and more than 2
inches more than normal rainfall in October 2015, the month of December 2015 also experienced five
excessive rain events with a one -day total exceeding one inch argil. Water table levels were extreme
s�slliaustcd, As a result, on the various occasions the m as the capacity fear abtptiorl �y the eartlipwa
high and inflow and infiltration were a resultingproblem
Greater Badin collection system experienced
excessive inflow and infiltration which was transported to the trealuuent plant and resulted in levels of
average flow greater than the rated treatment capacity for the plant. Utilities personnel reported the
excessive levels of flow on the plant's monthly discharge monitoring report.
During the past several years, the Greater Bad'in Water and Sewerpstrict c rnpleted habil.itation and
replacement of a significant pnrtion of its collection system at a cost, of nearly $4 million to address
problems of inflow and infiltration into the collection system, f lans_i c to continue the rehabilitation
until all iireas of tti .. District arc uupgraded and allwprobkmsw(1f inf10 y anti ii?fiftra iort ark tit tiu 'tied.
result of Cite excessive rain in a very short period of time, pi n h i � sponse to sh se issues
r 11 Co un 's cotninitmettt to rehabilitating its collection system, the Utilities Department
administration is requesting forbearance of enforcement and penalties related to this flow average
exceedance.
If there are any questions regar
Sincerely,
Of.adlA AD/VIVO
Donna L. Davis, Director
Stanly County Utilities
this letter, please feel free to contact me at [phone].
www,stanlycpuritvncsgu
Stanly County Utilities
1000 N, First Street, Suite 12, Albemarle, NC 28001
PI 704.986.3686
rl 704.986,3711

STANLY) COUNTY
7?t' 1 Ci,";32E';,I i 1A
W , /4Cad &Awe,
March 25, 2016
W. Corey Basinger, Regional Supervisor
Water (duality Regional Operations Section
Mooresville Regional Office
Division of Water Resources NC DEQ
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Response to Notice of Violation & intent to Issue Civil Penalty
Tracking No, NOV-201.6-LV-0148
NPDES Permit No. NC0074756
Bailin WWTP
Stanly County
Dear Mr, Basinger:
The Greater Badin WWTP NPDES Permit No. NC0074756 would like to address and explain the
circumstances concerning the self -reported flow limit exceedance during the month of November 2015.
On November 2, 2015 the Stanly County area of North Carolinaexperienced an excessive level ofrainfall
in a short period of time. More than 1.5 inches was recorded for that one -day rain event. On November
9, 2015 the Stanly County area. of North Carolina experienced an excessive level of rainfall in a short
period of time. More than 2 inches was recorded for that one -day rain event. Also on November 19,
2015 the Stanly County area of North Carolina experienced an excessive level of rainfall in a short period
of time. Nearly 1 inch was recorded for that one -day rain event. As a result, on the various occasions the
Greater Badin collection system experienced excessive inflow and infiltration which was transported to
the treatment plant and resulted in levels of average flow greater than the rated treatment capacity for the
plant. Utilities personnel reported the excessive levels of flow on the plant's monthly discharge
monitoring report.
During the past several years, the Greater Raclin Water and Sewer District completed rehabilitation and
replacement of a significant portion of its collection system at a cost of nearly $4 million to address
problems of inflow and infiltration into the collection system. Plans are to continue the rehabilitation
'tall areas of the District are upgraded and all problems of inflow and infiltration are mitigated. As a
result of the excessive rain in a very short period of time, along with immediate response to these issues,
and Stanly County's commitment to rehabilitating its collection system, the Utilities Department
administration is requesting forbearance of enforcement and penalties related to this flow average
exceedancc.
if there are any questions regarding this letter, please fe l freeto contact me at (704), 986-3691.
Sincerely,
ca. x9
Donna L. Davis, Director
Stanly County Utilities
,startlxr'.nv
Stanly County Utilities
1000 N, First Street, Suite 12, Albemarle, NC 28001
PI 704,986,3686
11 704,986,3711

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Greater Badin Water & Sewer District
Facility Name: Badin WWTP
Permit Number: NC0074756
County: Stanly
Case Number: LV-2016-0089
Lf r71/67' A-1 6141-71...k‘-
ASSESSMENT FACTORS
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.
"071,Agri-
2) The duration and gravity of the violation;
ACC 47k-4- -Oax-,0------A,..9,Y
3) The effect on ground or surface
4) The cost of rectifying the damage;
quantity or quality or on air quality;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
()
ft-4. et,X1f-- Se 1 ytt
c/4 el 4.-1.. 4,1
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
A review of the past 12 months of compliance history, November 2015 through November 2015, for the subject facili .ty
found the following violations: NOD-2015-LV-0027 for month of 11/2014 Frequency Violations for BOL, Fecal Coliform,
Ammonia as Nitrogen, and Total Suspended Solids; NOD2015-LV-0065 for month of 3/2015, Monthly Average Flow;
NOV-2016-LV-0148 for month of 11/2015, Monthly Average Flow.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is $100.53
Regional Office Clerical Staff— one hour $15.00
Enforcement case preparation staff time — one hour $33.13
Regional Office Supervisor review — one hour $52.20
Total: $10033

W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ