NC0004308_Regional Office Historical File Pre 2018 (7)

ROY COOPER
MICHAEL 5. REGAN
S. DANIEL SMITH
Oa TT" trg'
Certified Mail # 7019 1120 0000 36I 0674
Return Receipt Requested
Robyn"... Gross, Americas Asset Director Managrnent
Bailin Business Park EEC
201 Isabella St
Pittsburgh, PA 15212
SUBJE.C71-
Dear Ms. Gross:
NORTH CAROLINA
Enyituarnental Quality
October 13, 2020
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. NC0004308
Bailin Business Park EEC
Bailin Business Park
Case No. -202.0-0293.
Stank County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $365.76 (250.00 civil penalty
-4- $11.5.76 enforcement costs) against 'Bodin Business Park EEC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMRt submitted by Bailin Business Park EEC for the month .of August 2020. 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.
NC0004308. The violations, N,v hich occurred i.n August '2020, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of ra \V that Bodin Business Park EEC violated the terms, conditions
or requirements of NPDES WW Permit No. NC0004308 and G.S. 143-2l.5.1(a)(6) in the manner and extent shown in
"Attachmen( A. to accordance with the maximums established by G.S.143-215.6A0)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permitrequired, by G.S, 143-215.1.(a).

Based upon the above findings of fact arid conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director orthe Division of Water Resources. 1. W. Corey
Basinger, Regional Supervisor, .Mooresville Regional Office 'hereby make the fo Rowing civil penalty assessment against
Bailin Business Park
S250.00 I of l violation of G.S. 1 t3-215.1(a)(6) and Permit No. -NC0004308, h discharging waste Water
into the waters of the State in violation of the Permit Monthly Average for Fluoride, Total (as ,F)
S250.Q0 TOTAL CIVIL PENALTY
1. 5.'6 Enforcement Costs
$365,76 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.8.143B-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;
(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 rectrfying 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 On 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(30) days ofreeeipt of this notice, you must do one u) the following:
(1) Submit 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 be made directly to the order of the Department of Environmental Quality (do .not 1,voiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new vialation(s).
Please„submit payment to the attention of:
Wastewater Branch
Division of Water Resources
617 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 allIOUTIt 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 he 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 he remitted, and submit it to the Division of ater Resources at the address listed belowIn,
.determining whether a remission request will be approved, the following factors shall be considered:
(I) whether one or more of the civil. penalty assessmentfactors in NCGS 1,43 B-2821(hO Was wrongfully
applied to the detriment of the petitioner;
(2) w.hether the violator promptly abatedcominuing environmental damage resulting trom the violation;
(3) whether the violation was inadvertent or a. result of an accident;
(4) whether the violator had been assessedcivil penalties for any previous violations; or
0) whether payment of the civil penalty will prevent payment fbr 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 informi. 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 (ommissions Committee on Civil Penalty
Remissions (Cortmlittee). Please he ads Ned 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, vbu must complete and submit the enclosed " equest for Remission of Civil Penalties„
Waive,r of Right, to an Administrative Hearing —and Stipulation of Facts"fjtptijufl thirty 00) days of receipt of this_
noiice f he Division of Water Resources also req.tiests that yoncomplete and submit the enclosed "justification for
Remission Request,"
Both tornis should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raletgb, North Carolina 27699-1617

Option 3: File a petition for an ac1minstratie hearinvvith the Office of Administrative Hearings:
if you wish to contest any statement in the attached assessment document you inust 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 ()0) 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 800 auT1= and .5:00 natl.., except for official state
holidays, 'Fhe 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 tee (if a filing fee is required by -NCGS: §1,50[3-23,2) 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 ticariw with a1iueuuns rggr1ing the filing fee andlor the detailsof the
filingrocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
One (
6714 Mail Service Center
Raleigh, NC 27699 6714
-lel: [phone]
Fax, [phone]
the petition .;:t also he served on DEO as -ollows:
Mr, William F, Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Ra 1 ei h, North Carol i na 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
dateltime 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 his 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,schellerilmcdenr,gov.
Sincerely,
DocuSigned by:
Al4CC681AF27425,
\k/, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDE.Q
\IT,ACHMEN'FS
Cc: \kQS Mooresville Regional Office - Enforcement File
'NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFiC: ON FOR REVS ON REI,1I1
Case Number: IN 2020-0293
Assessed Party: Badirt Business 1
Permit No.: NC00043O8
cit Right
when request`.
lmiinistratitie Year ing, and 5
You. should attach any documents that
evaluating your request for remission,
listed below as they tttay relate
proper procedure f
statements contained srt, the civil penalty assessment document..
penalty may be granted only when one or more of the followin
believe applies to your case and provide a detailed explanation,
factor applies (attach additional pages as needed),
one or more of the civil .penalty
iment of the petiti'men
r promptly abated con
took to correct the l %)t atd' .7n
Amount Assessed:
penalty
ion of
support y't ur request and are neLes:sarf
Please be aware that a request for remission is lim
the reasonableness of the amount of the civil pena
r eontesting whether the violationts) occurred or the accuracy
7 ti C..(,tiv l43B 282 IIc.l, remission of'a eh,
" Request For Remission,
this civil penalty,
Director to consider in
of the five
Requesting,
f any of the factual
1 ursoant to §
iv e factors apply. Please check each factor that you
tclttding copies raf supporting documents, as to why
environmental damage resulting, trout the violatii
future occurrences);
icy the violation was inadvertent or a result of an acrid+
sorne,thing you could not prevent or prepare ,,tor .
Id) the vie>lator had not been assessed civil penalties to
ntent of the civil penalty°
�rrt of the: c avil pena
EXPLANAI
prey Ve n
v the vic
previous violations;
;ryrttent for the remaining necessary re
ning the at:

ST;L T
NORT (.:A ROL
CULL I\1.`1„Iwp. t tF . h1fM:.1s11'
CIVIL LPENALTIES A'GA1Nli"1
Batt' tt Ilatts Lahrk 1,LC
Badin Bta irtess Park
DE \ . MFN'i OF LN\'IRON l llEN°i A tit . i.I 'Y
Fr6 \,t1T ;(. \(`t tttl4;t ;.
F R.''10 AN
ADNIINISTRATIVE HEARING
STIPULATION F FACTS
-202O41
n assessed civil penalties totaling 11 r v'larl tiro n(s) as set ftrrtlr irr the ra s ssraaerat ltrcrrrtaent rt'tlre I)isisicrn
fated t ctrt er 1 a, 2,undersigned, tlr... ls-1rrL to seek rein n of tlt Li\°il . doe:
rrdrninistrati e hear np 1n tlr . ahrrucsstated matter and does ~stipulate that the fa is ar° . as alleged in th
The undersigned further rancicrstarrds that all evidence presented in support f rerrrrssitrn rsfthis rashl
penal~ rtrtrst lre ;Lrlrraxitted to the' irect+tr rat the l isa,irrtr of Water Resources a ithin thirty t3t4,) days f the notice
of assesstrtcrrt. No ne.r r evidence- in supportol" a rerrais,snarl request mi lli %e allowed arler (It ) days trot the receipt of the
notice' f .assessrrrc'gg
the
Th1,1
tl

PER IT: NC0004308
FAC actin Business Park
T VIO TIC(S)
ATTACHMENT A
adin Business Park EEC
CASE NUMBER: EV-2020-0293
SAMPLE LOCATION: Outiall 005 - Effluent,
Violation Report
Date MontISYr Parar
/202 ...._ - 8-2020 Edson , Total (as F)
REGION: t re isle
COUNTY: Stanly
�,..... Calculated l Over Violation Penalty
Frequency Measure Value Value lm t Type Amount
Monthly mgil 1. 0Monthly $250.00
Average
Exceeded
Unit of

Certified Mail #7016 1370 0000 2592 0805
Return Receipt Requested
September 23, 2019
Andy Lucas, County Manager
Stanly County
1000 North 1st Street, Suite 12
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0293
Permit No, NC0043532
West Stanly WWTP
Stanly County
Dear Mr, Lucas:
A review of the February 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
LimitExceedance Violation(s):
Sample
Location Parameter
002 Effluent
BOD, 5-Day (20 Deg. C
Concentration (C0310)
002 Effluent Solids, Total Suspended -
Concentration (C0530)
002 Effluent. BOD, 5-Day (20 Deg. C) -
Concentration (C0310)
Date
2/16/2019 27 40,0:
2/16/2019 45 134
2/23/2019 27 120
002 Effluent Coll form, Fecal MF, MFC Broth, 2/23/2019
44.5 C (31.616)
002 Effluent Solids, Total Suspended -
Concentration (C0530)
Lirnit Reported
Value Value Type of Violation
eekly Average Exceeded
Weekly Average Exceeded
Weekly Average Exceeded
2/23/2019 45 127
65 Weekly Geometric Mean Exceeded
eekly Average Exceeded

Limit Exceedance Viotation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
002 Effluent BOD, 5-Day (20 Deg. C) - 2/28/2019 18 47.06 Monthly Average Exceeded
Concentration (C0310)
Effluent Solids, Total Suspended - 2/28/2019 30 70.74 Monthly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit* Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Region&
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.

If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699,
Sincerely,
DocuSigned by:
A14CC681AF27425_
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Laserfiche

Facility Name: West Stanly WWTP
Report Period: February 2019
I) IIt RI VIEW RECORD
Mooresville Regional Office
Permit Number: NC0043532
Prior Assessments: t) Enforcement Factor: 1,00
Outfatl art Outfall Description
ocry name
002 Effluent (Rocky River outfall)
Rocky R"cver
Waterbody
Classification
4lonthly Average Limit Violations
Sample Location: 0utfall 002 - Effluent
Violation
Date Param
2/28/2019
BOD, 5-Day (2th Deg. C) -
Concentration
Unit of Lirnit Calculated '% Over
Frequency Measure Value Value Limit
3 X week mg/1
18 47,10 161,4
Action
2/28/2019 Solids, Total Suspended -
Concentration
3 X week mg/1 30 70.70 135.8
�?1eelly Average Limit Violations
Sample Location: Outfall 002 - EfI°lu
Violation
Parameter
2/16/2019 BOD, 5-Day (20 Deg. C)
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
3 X week mg/1 27 40.00 48.3
Action
2/23/2019 BOD, 5-Day (20 Deg. C) - 3 X week rrtrg/l 27 120 344.4
Concentration
2/23/2019 Coliform, Fecal MF, MFC Broth,
44.5 C
3 X week #/100m1 400 1358.70 239.7
2/ 16/2019 Solids, Totat Suspended -
Concentration
3 X week
45 134 197.8
2/23/2019 Solids, Total Suspended -
Concentration
3 X week mg/l 45 127 182.2
Page 1 of 5

DIVISION OF WATER RESOURCES - CPENALTY ASSESSMENT
Violator: Stanly County
Facility Name: West Stanly WWTP
Permit Number: NC0043532
County: Stanly
Case Number: LV-2019-0259
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health,
prope resulting from �e violation;
f n--7.7*
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or qua
.t Lam. i - Oyu r.
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
ity or on air quality;
6) Whether the violation was committed willfully or intention
1j
o private
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
'`/ C.:- If . `,��".t
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
S108.75 1 hour staff time.
Date
.$ 36.03
1 hour supervisor time. $ 57.72
Administrative /CO staff cost, $ 15.00
Total enforcement cost $ 108.75
W. Corey Bager, Regional upervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ