NC0088722_Regional Office Historical File Pre 2018 (7)

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MICHAEL S. REGAN
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LINDA CL?LPEPPER
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Certified Mail # 7016 1370 0000 2595 7108
Return Receipt Requested
Donald Charrlblee, Director Public Works of
Lincoln County
1 1 Yt°r Main St
Lincolnton, NC 2809'
NORTH .AR LJNA
Envlranprenrai Quaitty
November 19, 2018
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-21.5.1(a)(6)
and NP17ES WW Permit No. NC0088722
Lincoln County
Killian Creek WWTP
Case No. LV-2018-0280
Lincoln County
Dear Mr,, Chamblee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,110.46 ( 2,000.00 civil
penalty + Si 10.46 enforcement costs) against Lincoln County.
This assessment is based upon the following facts; a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Lincoln County fir the rnorith of August 2018. This review has shown the subject facility to be in
violation of the discharge limitations andior monitoring requirements found in NP17ES WW Permit No, NC0088722. The
violations, which occurred in August 2018, are surnmarized in Attachment A to this Letter.
Based upon the above facts, I conclude as a matter of law that Lincoln County violated the terms, conditions or
requirements of NPDES WW Permit No. NC0088722 and G.S. 143 2 15.1(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.
143-2 t 5. l (a).
North Carotiina Department of Envtronnlental Quality 1 Division of Water Resources
610 East Center Avenue, Suite 301, Mooresviile„ NO 28115
704-663-1699

Based upon the above ftnciings offact and conclusions of law, and in accordance with authority provided by the
Secretary ofth DepartTnent of Environmental Quality and the Director of the Division of Water Resources, 1. W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office herebyy make the following, civil penalty assessment against
Lincoln County:
$1,50000 1 of 1 violations ofGS. 143-2151(a)(6) and PermitNo. NC0088722, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
OOEOO 1 of 1 violations ofG.S, 143-2 15.1(a)(6) and Permit No, NC0088722, by discharging waste water
into the waters of the State in violation ofthe Permit Weekly Average for Nitrogen Ammonia
Total (as N) - Concentration
$2MOQ.00
$1 10.46
2,110.46
TOTAL CIVIL PENALTY
Enforcement Costs
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-2821(h), wr hich are:
(1) The degree and extent ofharm to the natural resources of the State, to the public health, or to private property
resulting from the violation:
(2) The duration and gravity of the 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 wi11fiu1y or intentionally;
(7) The prior record ofthe 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 (3D) days of receipt of this notice, you must do one of the following:
(1) Suhmit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should he made directly to the order of the Department of Environmental Quality (do not include waiver
forn). 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

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 adrninistrative hearing,
such a request must he accompanied by a waiver of your right to an administrative hearing and a st►pulation 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 rernitted, and submit it to the Division of Water Resources at the address listed helow,
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 NCGS 143B-282J(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
proviSiOfl tor further appeal of the penalt:y 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 tore uest remission oLI mustcomleteand submit the enclosed Request for ReuiLssion of Civil Penalties,
Waiver of Rghtto an administrative Fkann 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 iustifiLation for
Remissipn Reque1i
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699l67

Option 3 File a petition for an adrninistrative 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 fonn 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. 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 § 1508-23.2) 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 flhing fee andlor the details of the
filing process.
The nailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Rateigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the pet tion must also be served on DEQ as foi]o
Mr. Wi1]iarnF, Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case nurnher (as found on page one of this letter) on the PC
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 starnp (not a postrnark), will result in this matter being referred to the Attorney Generat's Office for
collection of the penalty through a civil action. Please he advised that additional penalties may he assessed for violations
that occur after the review period of this assessrnent.
If you have any questions, please contact Ori Tuvia with the Division of Water Resources staff ofthe Mooresville Regional
Office at [phone] or via email at ori.tuviancdenr.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

JUSTIFICATION FOR RE°IISSI©N REQUEST
Case Number: LV-2al_8-O28d
Assessed Party: Lincoln County
Permit No.: NC0088722
County: Lincoln
Arnount Assessed: $2,1 ] Q46
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 my 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 ofthe factual
statements contained in the civil penalty assessment document, Pursuant to N.C.G,S. § 143B-282.l (c), remission of a civi
pena ty 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. l (b) were wrongfully applied to the
detriment -of the petitioner (the asses°srnentfactors are listed in the civil penalty assessment docurnenti;
(b) the violator promptly abated continuing environmental damage resulting
steps that you took to correct the violation and prevent inure occurrences;
) the violation was inadvertent or a result of an acciden
rng you could not prevent or prepare fork'
the violation (Le., explain the
explain why the violation was unavoidable or
(d) the violator had .not been assessed civil penalties for any previous violations;
(e) payment ofthe c:
l penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment ofthe civil penalty will prevent you from performing the activities necessary to achieve
cornpliance).
EXPLANATION:

SIAII 01 NORHI( AROI 1NA
(()LN rf OF L1N(011
01 PR1ME1 T0F FNVIRONMI Nm1AI QI &LIIY
1N IlIF MJTIFR(M ktSS1SSMEN
1
01 (11v11 P1 N \1 111 '0 1NST
Lrncetn Count
kilhlan (reek WWIP
PERMII NO N(0088722
AIVFR OF R!GHT 10 AN
\1JLN1STRATIE HE ING ANI)
SIHULAF10N OF FACTS
C&S}. NO. LV4OIS-III 80
11aing been assessed civil penalties totaling j21 1046 tor violation() as set birth in the assessment document ofthe
Di ision of Water Resources dated No en her E 11. 20 8, the undersigned, desinn . t s seedremission c1 the civil, penalty, doe
iereh r Faive the rll,ht to an administratit. 1earm(, in the ahcti tated matter and doe stipuIate that the facts are a
alleged in the assessment docurnent Th undersigned further understands that all evidence presented in support at
remission of this ci11 penalty must bt. suhm ttd tc the Director cfthe Di is on u V ater Resources sithin thirty (30) day
of receipt of the noise 01 asessment Nc ne eidence in support )fa renussisin requet ssill be illossed after (30) days
tiom the reeeipt of the notice of assessment,
this the
dad of 20
\DDRI S
SK,N\11 RE
111 IPHONE

P' IT, NC0088722;
AIUT`: Killian Creek'
IT VIOL TI
ATTACHMENT A
Lincon County
CASE NUMBER: LV20180280
SAMPLE L A 1ON; Outfall 001 -Effiuent
Vl latton Report
Date unt r Pa
Frequency Measure Vaue
REGION oreille
COUNTY: Lincoln
Urut of Limit Calculated i Over Voaton Penalty
Vlue Unit Type Amount
8/4/2018 820l8Nitrogen, Ammcnla 3 ? week mgtl 510 103 1020
Total (a N)
Cc ncentration
d 1 2018 82018 N trcgen, Ammonia
Total (s N);-
oncentratlon
. week mgll
1,7g
2.7
1.
Weekly
Average
Fxceedecl
$500
MorrthN
Average
Exceeded
1, t.4

DMR REVIEW RECORD
Mooresville Regional Office
Facility Name: Killian Creek WWTP Permit Number: NC008722
Report Period: August 20l
Prior Assessments: Enforcement Factor:
Waterbody
Outfatl # Outfall Descrption - Waterbody Name Classification
001 effluent to Killian Creek Kilipan Creek C
Monthly Average Lirnit Violations
Sample Location: �utfI1 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
8/31/2018 Nitrogen, Ammonia Total (as N) - 3 X week mg/I 170 260 513
Concentration
Action
`Weekly Average Lirnit Violations
Sample Location: Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
8/4/2018 Nitrogen, Ammonia Total (as N) - 3 X week rng/I 510 1030 102.0
Concentration
Action
Other Violations/Staff Remarks:
Supervisor Remarks:
tJ(
Lv
Page 1 of 3

lompleted b:
assistant Regiona
Super isr Sign -off
Regrnnal Supervisor
Signoff:
Date:
Date:
Paqe 2 of 3

COUNTY OF LINCOLN, NORTH CAROLINA
KILLIAN CREEK WASTEWATER TREATMENT PLANT, 7085 OLD PLANK ROAD, STANLEY, NC 28164
DEPARTMENT OF PUBLIC WORKS
KiLUAN CREEK WWTP
PHONE: [phone]
FAX: [phone]
WWWIJNCOLNCOUNTY ORG
NCDEQ Division of Water Resources
C/O: W. Corey Basinger, Regional Supervisor
610 East Center Avenue, Ste. 301
Mooresville. NC 28115
Subject: NOV-2018-LV-0769
Dear Mr. Basineer
In regards to the letter concerning NOV2018L\T0769, Staff vas aware of the month being out of
limits, and had assumed that reporting it on our DMR was enough to be in compliance with Perrnit
NC0088722. The Nitrogen Ammonia were out of limit, and by the time staff ran the test (we oriiy run
NH3-N twice a month since it has a 28 day hold time) it was within limits.
Alger a thorough investigation we have determined the following:
1. Our NU3-N influent was higher than normal on 8/1/2018 and 8/2/2018. On 8/1/2018, our
NH3-N influent was 42,5 m/1 and the effluent was 1 7.53 m/!, which equates to a 59% removal.
2. On 8/2/2018, our NH3-N influent was 43.7 ing/I and the effluent was 13.43 rng!L which
equates to a 69?/© removal.
3. We looked back at ou,r records for all ofour industries and none were shoving high NFi3N.
4. We checked our ram :records on 8/1/2018, and we had 0.75 inches of rainfall and on 8/2/2018,
we had 1.1 inches of rainfall.
To remedy the above we are investigating the possibility of getting NH3-N prohes to put in our
SBR's so we can detect higher influent NFI3-N in a prompt manner. 1 have also spoken with our Lab
Personnel about running our Nt! 3N more often. If we are aware of higher NH3-N in our SBR Plant. we
can change the SBRs cycles and it will help to remove and maintain compliance concerning NH3-N.
Thank you for your consideration in this matter and rest assured we are working diligently to remedy the
situation.
Donald V. Chamblee
Director of Public Works

DIVISION OF WATER RESOURCES w CIVIL PENALTY ASSESSMENT
Violator: Lincoln County
Facility Name: Killian Creek WWTP
Permit Number: NCOOfi8722
County: Lincoln
Case Number: LV-2018-0280
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
pro/perry resulting from the violation;
z
2) The duration and gravit
he violation;
3) The effect on ground or surface water quantity or quality or on air quality;
/ yr
4) The cost o1 rectifying the damage,
) 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 Management Commission has regulatory authority; and
No vieiations in the past 12 months

The cost to the Mate of the enforcement procedures
l 1 O.4h
Enforcement Cast.
1 hour staff time,.. ....a......
1 hour supervisor time.;;"....,.,
Administrative /CO staff oast ..... .............
Total enforcement cost
Date
734
573
1 5.Qt
1O4
W. Corey Basiner, Regional up \, o
Water Quality regional Operations Section
ooresulle R ional Office
Division of'ater Resources NCDLQ