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HomeMy WebLinkAboutNC0043532_Regional Office Historical File Pre 2018 (7)Water Resources iming4matnAt otturry Certified Mail # 7015 1520 0002 6984 9522 Return Receipt Requested September 12, 2017 Ms. Donna Davis, Utility Di. Stanly County 1000 North lst Street, Suite. Albemarle, NC 28001 SUBJECT: Notice of Violation and ,Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 1,43-21.5.1(a)(6) and NPDES WW Permit, No. NC0043532 Stanly County West StandWWTP Case No, EV-2017-0275 Stanly. County Dear Ms. Davis: ROY COOPER. Cootimor MICHAEL S. REGAN, .54avNtry S. JAY ZIMMERMAN Dtrector This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S853.62 ($750.00 civil penalty + 103,62 enforcement costs) against Stanly County, This assessment is based upon the following -facts: a review has been conducted of the Discharge Monitoring Report. (DN1R) submitted by Stanly County for the month of April 2017, This review has shown the subject facility to be in. violation of the discharge limitations ancFor monitoring requirements found in NPDES WW Permit No, NC00435.32, The violations, which occurred in April 201.7, are summarized in Attachment A to this letter. Based upon the above facts., 1 conclude as a matter of law that Stanly County violated, the terms, conditions or .requirements ofNPDES WW Permit No. NC0043532 and G.S. 1.43-215„.1(a)(6) in the manner and extent shown in Attachment A. In — . -the- • • .-- „ -19y-6%S, 143 2-1-5-76A(a)(2), a civil -per wh.o violates the temis, conditions or requirements of a permit required by G.S. 143-21.5,1(a), Based upon the- above findings of fact and conclusions of law., and in accordance with authority provided by the Secretary ofthe Department of Envirominental 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 Stanly County State of North Carolina l Environmental Quality I Vliater Resources 6 JO East (11'riter Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 $500.00 1. of the I. 'violations of 143-215.1(a)(6) and Permit No.NC0043532, by discharging waste water into the waters ofthe State in violation of the Permit Monthly Average for BOD - Conc. 50.00 0 of the 1. violations of 143-215.'1(a)(6) and Permit No,NC0043532, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3.-N - Conc. $250.00 1 of the 1 violations of 1.43-215.1(a)(6) and Permit No,NC0043532, by discharging waste wat • into the waters of the State in violation. of the Permit Weekly Average for .BOD - Conc. $0.00 0 of the 1 violations of 143-215..1(a)(6) and Permit No.NC0043532, by discharging waste water in o the waters of the State in violation of the Permit Weekly Geometric Mean for ECOLI. BR, $750,90 TOTAL CIVIL PENALTY $103.62 Enforcement Costs $853.62 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. 14.3B-282,1(b), which are: (1) 'fhe 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) 'Phe effect on ground or surface water quantity or qualityon air quality; (4) The cost of rectifying the damage. (5) 'the amount of money saved by noncompliance: (6) Whether the violation was committed willftilly 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 (30) days of receipt of this notice, you must do one of 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 include waiver P latotiaree,1ose fiirther ufonaxueTxLautiQ11 for any continuing ornew 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 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: (1) whether one or more of the civil penalty assessment factors in. NCCS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting 'front 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 ofthe 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; haprder to Jeqqestrgmissiop, you must comete and submit the enclosed "Request for Remissionpf Civil Penaltie Waiver of Right to an„Administrative Flearing,and Stipulation of Facts" form within thirty (30)days otreLtift©t this _ notce. [he Division ol_Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request' Both forms should be submittedto the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699- 1 617 Qption 3: 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 faun 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 hol.idays. The petition may be tiled 'by. facsimile (fax) or electronic mail by an attached file (with restrictions) - provided. the signed original, one ( I) copy and a filing fee (if a. filing fee is required by NC,GS §150B-.23.2) is received in the Office of Administrative Hearings within seven. (7) 'business days following the faxed or electronic transmission. You should contactthe Office cif Administrative Hearings with all questions regardin hefiling,fee_and/or the details of the filing_process. The mailing address and telephone and fax numbers for the Office of .Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919)431-3000 Fax (919) 431-31.00 One of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 le 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 a.ssessment. If you have any questions, please contact Roberto Seh.eller with the Division of Water Resources staff of the ,. e. Regional Office at (252) 946-6481 or via email at roberto,scheller@ncdenr.gov. Sincerely, ATTACHMENTS W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEO Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Case Number: LV-2017-0275 Assessed Party: Stanly County Permit No.: N00043532 JUSTIFICATION FOR REMISSION RFOUEST County: Sta Amount Assessed: $853.62 Please use this form when requesting :remissionof this civil penalty, You must also complete the "Request For Remiss Waiver of Right to earn .,4dministrative .Hearing and Stipulation ofFacts' 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 evaluatin.g 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. § 1,43B-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 expla.n.ation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more ofthe civil penalty assessment factors in N,CG,S, 143B-282. 1.(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment doeument) (h) the violator promptly abated continuing environm.entai damage resulting from the ex.plain the steps that you took to correct the violation and preventfuture occurrences); (c) the violation was inadvertent or a result of an accident (ie„, explain why the vio something vou could not prevent or prepare )(or); (d) the violator had not been assessed civil penalties for any previous violations; avoidable or (e) payment of the civil penal t,y; will prevent payment for the remaining necessary remedial actions (Le,, explain how payment ()Ithe civil penaIt ill prevent you „nn perfb ming the OL ti ities izecessary to achieve compliance/ EXPLANATION: TS, I F OE NORTHH I t I T' OF S"I' E I TIII °TTTER.OF,ASRL Ity1T OPCIVIL „ftENAETIESACEIVINST tans A County West t tardWWTP P R.MI' I* NEE NCOP435,i1ta. Ray irr hegi assessed r \ ``ater Resource .es the right to an a errt document malt ° n ust be subrzti t" asse.ssrtrent. No ne notice t>l s essntent the petrel vrl 5etenab.r._i rinistrative hea Tile tinders ed to the Direst r ofthe l ivis;i n of \ x`ater ee in support rt of a t°ernission rogues I I P\ R I MI. I I\ IRO ENTAL, 1T `t q rER. OF RIGHT TO `'# AN INIST TOT ARLNG AND ' TIPIa LAT Y (I} FACTS 02:75 3, for is Iatit ni.s i set forth in the assesst the undersigarerl. desirirtti. ttr seek retrtissi ,tk of tlt in the a rt ve-state 1 matter and slaves stipulate that the tag farther understands that ail esi ence presented insupport n remission of this civil Resources within thirty tw 3g) days c,f rea ei t of the noti will he ee3 after(:lta) days from the receipt of the I".S S ft1ION S1U E 11.'R1 nuntent of the Division 1 pertaltyi does her h) are as alieed in the ATTACHMENT A tanly County CASE NUMBER: L '-2t 1 7-0275 PERMIT: NC0043532 FACILITY: West Sturdy TP I "IVIO ATIONS) SAMPLE LOCATION: t utf ll 002 Effluent Violation Report Unit, of Limit Date onth//Yr, Parameter Frequency easure Value 4 2912017 4-2017 B(D, 5-b y 20 [deg.. 3 X week rrrgdl 1 - Concentration 413012017 4-2017 ). 5-Day .(20 Deg, - Concentration 3 X week ra- 0 9 Ca REGION: MooresvIIIe COUNTY: Stanly kcal t d % Over Violation Penalty Value Limit Type Amount 1 129.6 Weekly 25000 Average Exceeded 11 00 21 g Monthly Average Exceeded 4/29/2017 4-2017 2nlitcrrrr Feca E, 3 X eek 1150rnl 400 45110 12.8 Weekly Geometric setric Mean Exceeded MFC Broth.44.5 4/ 01221'7 4-2017 tltrcgen. Am onia 3 X:vrec repgf^l Total (r N) Concentration 00 0 g 6v9crrrthly Average, Exceeded 5 kVft. t"10 3.00, 00 M. Donn Davis„ Utility Director Stanly Co 1000 Nor tl 1' Street, Suite 12 Alberrn"arie, NC 28001 7 95 U.Sy.Postal Serf/ice" CERTIFIED MAIL® RECEIPT Domestic Mail Only ur wrebsstle at ivtvt usps.c Extra Fes.;adr 8x; ac9ct 0 Return ttcanaccpM S _. © Return Receipt OledrornY ©Certaed Ma Poratncted Delivery $ �..A. DArmr,t S9reat re Required Advil Slwatuna Raradved Degivery $ Ms, Donna Davis, Utility Director Stanly County 1000 North 151 Street, Suite 12 Albemarle, NC 28001 el, 12r 1-7 PostrRalk Here F ictxrrn fl9A, A rta 2013 sN rasa-t3a- a Reverse gar Ie trarc we�R: goy COOPER ownor MICHAEL S. REGAN salary S. JAY ZIMMERMAN Certified Mail # 7015 1520 0002 6984 9461 Return Receipt Requested August 22, 2017 Ms, Donna Davis, Utility Director Stanly County 1000 North 1st Street, Suite 12 Albemarle, NC 28001 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0573 Permit No. NC0043532 West Stanly WWTP 1---0 ?cj Stanly County Dear Ms. Davis: A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Date Value Value Type of Violation Limit Reported gXtp, 002 Effluent BOD, 5-Day (20 Deg. C) 4/29/2017 13,5 31 Weekly Average Exceeded Concentration (C0310) 2 Effluent Coliform, Fecal MF, MFC Broth, 4/29/2017 44,5 C (31616) 400 451.11 eekly Geometric Mean Exceeded 02 Effluent BOD, 5-Day (20 Deg. C) - 4/30/2017 9 10.97 Monthly Average Exceeded Concentration (C0310) 002 Effluent Nitrogen, Ammonia Total (as 4/30/2017 3 3.03 Monthly Average Exceeded N) - Concentration (C0610) 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 (S25,000,00) 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. State of North Carolinal Environmental Quality 1 Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 2811.5 704-663-1699 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 Regional 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, 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 Donald Zufall (ORC) email: dzufall©stanlycountync.gov State of North Carolina I Environmental Quality! Water Resources 61.0 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 April 2017 04-02'-17 1. Normal Sunday rounds 2, Cleaned the chlorine contact chamber 3. Cleaned the clarifier 4. SSV= 480, MLSS = 3177, SV1 = 151,09 5, Added 2501b of lime to aid settleability 04-03-17 1. Synagro on site to land apply digester solids 2. Normal Monday rounds 3, Contacted Webster's Electrical Services — He will be on site later this week 4_ Received 2 new bug zappers — will hang 1 at the chlorine contact basin — other location TBD 5. Met with the masons that wilt be working on the disinfection building modifications 6. Set the plant up for a high flow event — expect up to 1" of rain tonight 04-04-17 1. 0.66" of rain yesterday with low ground water — Plant flow below 400gpm at 6am 2, Normal Tuesday rounds — Plant back in normal operation 3 Purchased components to fix the doors at MCPS 4, Ordered a new battery from Home Depot for the phone dialer at MCPS 5 Hung a new bug zapper near the effluent weir 04-05-17 1. Normal Wednesday rounds 2. Wired the new digital panel meter — Aeration basin aerators are now controlled automatically based on effluent flow Flow increasing — 550gpm = 1-3, 2-3 OFF — 750gpm = 1-1, 1-3, 2-1, 2-3 OFF — 1050gpm = ALL OFF Flow decreasing — 950gpm = 1-2, 2-2 ON — 650gpm = 1.1, 1-2, 2-1, 2-2 ON — 450gpm = ALL ON Auto -dialer call set point = 1200gpm 3. Adjusted the pump set points at MCPS to eliminate nuisance alarms 4. High flow event - Observed aerator automatic operation — Flow greater than 550gpm —Aerators 1-3 and 2-3 OFF 04-06-17 1. Normal' Thursday rounds 2. New aerator control system operator as planed after °[.25" of rain and plant flow greater than 1200gpm last night 04-09-17 1, Normal Sunday rounds 2. Made an adjustment to the chlorine controls — The chlorine concentration at the mid -point of the contact chamber` is inconsistent lithe chlorine concentration is 300-400ug/L at 200gpm, it will be >500ugiL at 600gpm If the chlorine concentration is 300-400ug/L at 600gpm, it will be K200ug/L at 200gpm So, t decreased the FF setting to 75% (was 100%) and increased the DF setting to 125% (was 9051,1 04-10-17 1, Nominal Monday rounds Quarterly Tox sarnples this week 2. 0630 - Chlorine concentration was 192ug/L at 187gpm — Increased DF to 135% 3. SSV = 390, MLSS = 3250, SVI = 120 4. Synagro on site to land apply digester solids 5. Attended a the Kappe Lecture at UNCC 04-11-17 1, Normal Tuesday rounds — Tox samples today 2, SSV = 400, MLSS = 3000. SVi = 133,33 3. Synagro on site to Land apply digester solids 4. New oil and fitters for the ram press at MCPS 5. Aerator 1-1 breaker tripped — Will reset but trips as soon as the aerator is energized — Dead short 04-12-17 1, Normal Wednesday rounds — Quarterly Nitrogen and Phosphorus samples this week 2. Gave a plant tour to the land owner that is taking our digester solids 3, Dropped off used hydraulic oil at Parker Motor in Oakboro (they use used oil to heat their shop) 4. Completed, validated, and certified the March eDMR 5. Mowed most of WS-tP TP 04-13-17 1. Professional operators meeting in Marion, NC - Spoke with several operators of small plants - Re chlorinator to use, Also, we will try to get mechanical scales instead of digital scales. 04-14-17 1- Holiday 04-16-17 1. Normal Sunday rounds 2. Adjusted the cables on the digester aerator and restarted it he right brand of 04-17-17 1, Normal Monday rounds 2. 0730: Flow = 105gpm, SSV - 330, MLSS = 2483, SVI = 132.90 3. Replaced the battery in the phone dialer at MCPS - Recorded new announcements for each alarm condition 4. Cleaned the surface of the chlorine contact chamber 5. Cleaned the surface of the clarifier 6. 1045: Flow = 260gpm, SSV = 320, MLSS = 2437, SVI = 131.31 7. Clint and crew pulled aerator 1-1 - Found 2 motor terminals burned up and no gasket in the motor pecker -head 8. Rewired the motor terminals on aerator 1-1 - Motor still has a short Panel breaker trips as soon as power is applied 04-18-17 1. Off for personal reasons 04-19-17 1. Nomnal Wednesday rounds 2, Bud Braun of ERCO picked up the sample bottles that were dropped off at WS WWTP by Environment 1 yesterday 3. Installed a thermostatically controlled ventilation fan in the plant control cabinet 4. Bud dropped off samples to be picked up at WS-WWTP by Environment 1 today 5. Signed the March eDMR 6. Installed and calibrated the new lab pH probe from USA Blue Book 7 Jamie with Randall Supply picked up the motor for aerator 1-1 04-20-17 1. Spoke with Larry Branch 2. Mowed MCPS 3. Mowed part of WS-WWTP 04-23-17 1, Normal Sunday rounds 2. Extreme rain event- More than 1/2" of rain prior to 0900 - Flow = 350gpm at 1015 and increasing rapidly 04-24-17 1, Extreme rain event - 1.25" of rain prior to 0500 - Flow r.117Sgpm at 0515 and increasing rapidly Row 1650gpm at 0630 2 Normal Monday rounds 3. Left at 1400 for doctor's appointment 04-25-17 1 Normal Tuesday rounds other than High Flow 2, West Stanly High School on site 3. Set new set points for the effluent flow panel meter relays (`Ail still have a hysteresis setting of 51gpm) SP1 - Aerators 1-3 and 2-3 OFF @ 500gpm SP2 - Aerators 1-1 and 2-1 OFF ra 800gpm SP3 -Aerators 1-2 and 2-2 OFF @ 1000gpm SP4 - HIGH FLOW ALARM Dialer J 1500gpm 4. Called Roberto at DENR - Mooresville to re* rt possate out of compliance results caused by the high plant flow 5. Mounted the new too& box to the F-150 0426P 7 1 Normal Wednesday rounds 2. Called Roberto 05 DENR-Mooresville to report possible effluent admpliance issues due to our 3. Worked an the plant control PLC program 4 Fred Summers of NCRVVA visited the plant 5. Discussed changes to our chlorine and sulfur dioxide gas systems and our opening for a part time employee with Oakboro VFD 6. Mowed most of WS4MNTP nt extreme rain and plant flow 04-27-17 1. Discussed plant operation with Ray A Bali floats for control of the decant wet well pump are not operating properly 2. Partially cleaned out the disinfection building (former yard pump house) 3. Replaced the water fill float valve OtT the chemical feed system at MOPS 04-30-17 1 Normal Sunday rounds DMR REVIEW RECORD' Mooresville Regional Office Facility Name: West Stank WWTP Permit Number: NC0043532 Report Period: April 2_0 1 7 Prior Assessments: Enforcement Factor: _1,0Q Monthly Average Limit Violations Sample Location: Violation Date 4/30/2017 Outfall 002 - Effluent Parameter BOD, 5-Day (20 Concentration Unit of Limit Calculated % Over Frequency Measure Value Value Limit 3 X week mg/I 9 11 00 21 9 Action Proceed to NOV 413012017 Nitrogen, Ammonia Total (as N) - Concentration 3 X week mgil 3 3.00 0.9 Proceed to NOV Weekly Average Limit Violations Sample Location: Outfall 002 - Effluent Violation Date Parameter 412912.017 BOD. 5-Day (20 Deg C) - Concentratlon Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 3 X week mg11 13 50 31 129 6 Proceed to NOV 4/29,'2017 Coliform, Fecal ME, MFC Broth, 44 5 C 3 X week #1100mi 400 451,10 12.8 Proceed to NOV Daily Limit Violations Sample Location: Outfall 002 - Effluent Violation Date Parameter 412642017 Chlorine, Total Residual Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 3 X week ug/l 28 36 28.6 No Action, BPJ Other Violations/Staff Remarks: Page 1 of 3 Comp ct by: ssistant Regional Supers° co Sign -off: Region Supervisor' Sign -off: Permit : Ember: rnth Date; Date; remelt t t1 i tory Report Ptrio t ?Ci1 iae Limit Violation Sample Location: Outfall 002 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 11/26/2016 11-2016 Coliform, Fecal ME, MFC Broth, 44.5 C Weekly Geornetnc Mean Exceeded NOV-2017-LV-0231 12/10/2016 12-2016 Coliform, Fecal MF, MFC Broth, 44.5 C Weekly Geometric Mean Exceeded NOV-2017-LV-0232 5121.12016 5-2016 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-20 '-LV-0530 LV-2016-0215 5/31/2016 5-2016 BCD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2016-LV-0530 LV-2016-0215 8113/2016 8-2016 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2016-LV-0642 LV-2017-0038 Monitoring Violation Sample Location: Outfall 002 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 2/28/2017 2-2017 Copper, Total (as Cu) Frequency Violation NOD-2017-MV-0039 6/30(2016 6-2016 Zinc, Total (as Zn) Frequency Violation NOV-2016-MV-0124 Other Violation Sample Location: Violation Report Date 6/21/2016 Period Parameter Violation Type Violation detected during inspection NOD NOV NOV-2016-PC-0208 CPA 6/21/2016 Violation detected during inspection NOV-2016-PC-0208 6/21;2016 Violation detected during inspection NOV-2016-PC-0208 6/21/2016 6/21/2016 Violation detected during inspection Violation detected during inspection NOV-2016-PC-0208 NOV-2016-PC-0208 6/21/2016 Violation detected during inspection NOV-2016-PC-0208 6/2112016 Violation detected during inspection NOV-2016-PC-0208 Page 3 of 3 DIVISION OF WATER RESOURCES - CRIL PENALTY ASSESSMENT Violator: Stanly County Facility Name: West Stanly WWTP Permit Number: NC0043532 County: Stanly Case Number: LV-2017-0275 ASSESSMENT FACTORS 1) The degree and extent of harm to the na property resulting from the violation; 2) 'Ile duration and gravity of the violation; 4-$ ) 3) The effect on ground or su Ara 1.40 4) The cost of rectifying the (lamage; resources of the State, to the public health, or to private ,4412-4-4) 1.4-Act --€2 r quantity or quality or on air quality; 5) The amount of money sax ed by noncompliance; 6) Whether the violation was committed willfully or intentionally; ka(..414'.--( 1..e--;:3(.' 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 7)" 8) The cost to the State of the enforcement procedures. Enforcement Cost: 1 hour staff time.. .$ 34.84 1 hour supervisor time.. .$ 53.78 Administrative staff 15.00 Total Enforcement Cost $ 103.62 W. Corey Bus nger, Regiona 'pervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ From: Donald Zufall [mailto,dzufall@stanlycountync.gov] Sent: Wednesday, August 30, 2017 6:14 PM To: Luckrnan, Debbie <debbieJuckrnan@ncdenr,gov> Subject: Re: W.5tanly WWTP NC0043532 NOV Ms, Luckman, Attached is additional documentation of the events that led to violations documented in our April DMR. and your Notice of Violation & intent: to Assess Civil Penalty, Tracking # NOV-2017-LV-0573. Due to the file size, our daily logs for the month of April 2017 are attached to a separate email. All violations are a direct result of excessive' & 1 fforo the collection systems owned by the surrounding municipalities. As can be seen in the attached weekly flow charts and the daily logs that are attached to an additional email, whenever we receive a significant rain, plant effluent flow increases dramatically. For 3 days, from April 4th to the 6th, we received a total of 1,85" of rain. The flow total for the same time period was 2.421.4 MG. Also, as seen in the .flow chart for the week of 04-03-1.7, the flow is not consistent which causes the 'biological cycle within the plant to he disrupted. It must be noted that a single high flow event does not ordinarily cause the plant to be in violation of our permit. However, we had an additional, even more substantial rain event from the 23rd to the 25th. During this 3 day period, we had 3,4" of rain with a flow total of 4.1632 MG. b, Please note in the attached ORC Journal for April 2017 that Roberto Schiller of DENR - Mooresville was contacted on the 25th and the 26th to report our extreme flow conditions and to notify' him that we would probably be in violation of our permit for the month of April. We discussed plant operation and he understood that we were doing everything possible to stay within permit limits. 16 As is well known in the Mooresville office. West Stanly WWTP was not in good condition when it was purchased by Stanly County from the "Town of Oakhoro. As is also well known in the Mooresville office, we have been working hard to improve the quality of the effluent as well as plant operability and resilience during extreme conditions. However, there is a limit to what we can achieve when flow often exceeds 5 times our average daily flow simply due to a local rain event. Thank You, Don Zufall ORC - West Stanly WWIP 24939-13 Barbees Grove Rd. Oakboro, NC 28129 704-486-0285 (plant) 980-621-3449 (cell) dzufalti4stanlveoun' On Tue, Aug 22, 2017 at 4:02 PM, iickman, Debbie ebhie,1ucknan@ncilearzt wrote: 2 Schelier, Roberto From: Lockman, Debbie Sent: Thursday, August 31, 2017 8 20 AM To Scheller, Roberto Subject F\N„ W 8tanly V\ANTP NC0043532 NOV Attachments: WS ww FP ORC Journal 04 17 docx; \NS WWII) Eff flov,,/ 03-27 to 04-03 11 pdf, WS WWI P Lff How 04 03 to 04 10 17 pdf, \NS WW1 P Eft Flow 04-10 to 04-17 17 pdf; VVS-VVWTP Eff Flow 04-17 to 04 -25-1 / pdf, WS-VVVVTP Eff Flow 04 25 to 05 01 1 / pdf Deborah Lockman Office Assistant FV North Carolina Department of Environmental Quality Division of Environmental Assistance and Customer Service (1041663-1699 office (700063-6040 fax debbe,',uckman@nodehr gov 610 East Center Ave. Suite 301 Mooresville, NC 28115 C.otupare:s Erre,111 Cerre;$1),(10benCe etni frefe,rhIS biddraSS NOrth,Carelinaprtelie :Recr)rdS r„..aistbertrier,iry babibciOSed tretrt ,oartieS,„ Deborah. I.w ucknan C)Ifice assistant I V North Carolina Department ofEnvironrnenta.l Quality Division of Environmental Assistance and Customer Service {704)663-1699 af (704 )663-604(f debhieiucknian' 610 East (Tenter Ave. Suite 301. Mooresville, NC 281 15 I,n�ail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Your message is ready to be se w stanly08222017-001 it e teitto or link attachments: Note: To protect against computer viruses, e-mail programs nay prevent sending or receiving certain types of file attachments, Check your e-mail security settings to determine how attachments are handled, Pursuant to North Carolina General Statutes, Chapter 132, email correspondence to and from this address may be considered public record under North Carolina Public record Laws and may be disclosed to third parties, 4