NC0024244_Enforcement (LV-2020-0063)_20200205 (2)

ROY COOPER
MICHAEL 5, R'EC„BAN
S. DANIEL, SMITH
offe r,r
Certified Mail # 7017 2620 00tiff 6789 4919
Return Receipt Requested
P()T3o 190
A Ibemarle, NC 28002-0190
SUB, CT'
NORTH CAROtriNA
Environmental Quality
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S,) 143-215.l(a)(6)
and NPDES WW Permit No, NC0024244
City of Albemarle
Long (:reek W\VTP
Case No. 1._ V-2020-0063
Stanly County°
This letter transmits a Notice of Violation and assessment of civil penalty
penal y + $1 15.76 enforcement costs) against City of Albemarle.
5.76 0.00 civil
This assessment is based upon the following facts: a review has been conducted of the DischargeMonitoring Report
(I:)MR) submitted by City ofAlbemar
he in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0024244.
1'hz violations, which occurred in December 2018, are summarized in Attachment A to this letter.
onth of December 2018. This review has sh
he subject facility to
Based upon the above facts, 1 conclude as a matter of taw that City of Albemarle violated the terms„ conditions or
requirements of NPDES WW Permit No, NC0024244 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. 14 3-215.6A(a)(2 ), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements ofa permit required by Ci.S.
143-215. I (a).
Cff.c €i.L Ea,.a Center Aver ck:S4 *30c-0r '?: �� .fa ��t .h .»..�r°., r4 2,5115

Based upon the above findings of fact and conclusions °flaw. and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director oldie Division of Water Resources, 1, W. Corey
Basinger., Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Albemarle:
$2,000.00 oft violations of G.S. 143-215.1(a)(6) and Permit No, NC0024244, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total. (as N) - Concentration
Dot' 5 violations of G.S. I43-215.1(a)(6) and Permit No. NC0024244, by discharging waste water
into the waters of the State in violation of the Permit Week Nam:go, Ammonia
Total (as N) - Concentration
4,00
TOTAL CIVIL PENALTY
$1 15.76 Enforcement Costs.
t.17615.76" TOTAL AMOUNT DUE
6.71.
Pursuant to CLS. 143-2 l5.6A(c), in determining the amount of the penalty] have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natura.l iesoutrees of the State, o the public health, or to private property
resulting front 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) 't he 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
(8) The cost to the State of the enforcement procedures.
Within thirty (.30) d.ays of receipt of this notice, you must do one ofthe following:
(1) Submit payment of the penally, 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
fiwin), 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
Raleig„h, 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 live 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 ‘vhether 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 subtnit 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:
(I) 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 a.ssessedcivil 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 flintier 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 Ri lit to an Administrative Hearing, and Stipulation of Fa.ets" form within thin,: (30) days of receipt of this
notice. The Division. of Water Resources also requests that you. com.plete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
161'7 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a
titionfor an administrative hearin.g with the Office of Administrate Hearings:
f 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 forrn 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 orig.ina1„ one (1) copy and a filing fee (if a -filing fee is required by NCGS 5150B-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 reg.arding the filing fee and/or the details of the
filing process.
'The mailing address and telephone and fax nLnrlbers for the, Office of Administrative. Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy 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 d 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 he assessed for violations
that occur after the review period of this assessmenl.
if you have any questions, please contact Roberto Scheller with the Division of Water Resources staffofthe Mooresvilic
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425_..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, -NCDFQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Linn - Enforcement File

JUSTIFICATION FOR REMISSION REOUEST
Case Number: LV-2020-0063
Assessed Party: City of Albemarle
Permit. No.: NC0024244
County: Stanly
Amount Assessed: $3,615.76
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 ofFcwts'" 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, 1.43B-282.1(b) were wrongfully applied t0 the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation
steps that you took to correct the violation and prevent future occurrence,`
-., explain the
(c) the violation was inadvertent or a result of an accident ..e,, explain why the violation was unavoidable or
something you could not prevent or prepare 160,-
(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 ti,e„ explain
how payment of the civil penalty will prevent you -out peribrming the activities necessary tc) achie VC
compliance).
EXPLANATION:

STATE OF NORTH FI C:A OLIN.
COCI 1 Y OF TANL
IN I'HI MATTER_Ct ASSE:SSM'NII,
CIVIL PENAL11F S AGAINST
City of Alienrtarl
on. CreekWW"FP
D. (0024344
bent assessed Chit pena
Div°idionn of Water Resources dat
eby waive the right to art admit)
alleged in the assessment toctrrrent.
inssion of this civil penal
of the notice of assessment.
DEPART EN 'I" OF LN 'I ONMFNlTAI., Qt Al I"f`Y
WAIVER OF IIICIIT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. I.,"' 2020-0063
.76 for v iolationts'
0 , 2020, the undersigned, d
'athe above -stated
rrndeo igned further understands t
hnritted to theDirector blithe Division of
Io neWvidc nor in support of a rertzission
front the receipt of the notice of assessmen
Thi: the
nt of
penalty, does
donee presented in support of
'later Resources within thirty (30) days
-edit e t will be allowed after (30) day
day of , 20
ADDFF
° PFI{ ONE
SIGNATURE

PERMIT: NC00 4 44
FACILITY. Long Creek TP
ATTACHMENT A
City of Albemarle
CASE NUMBER: LV-2020-0063
REGION: !Mooresville
COUNTY: Stanly
IIT VIOLATION(S)
SAMPLE LOCATION: Outfati 001 w Effluent
Violation Report
Date Month/Yr Parameter
Unit of
Frequency Measure Va
t Calculated
e Value
Over Violation Penalty
Type Amount
12f1/2018 12-2018 Nitrogen, Ammonia 5 X week mgll
Total (as N)
Concentration
12/8/2018 12-201 Nitrogen, Ammonia 5 Xweek mgfl
Total (s N) -
Concentration
12115/2018 12-2018 Nitrogen„ Ammonia
Total (as N) -
Concentration
12/221201
5 X week
0
80
5 94
10.4
Weekly
Average
Exceeded
69. Weekly
Average
Exceeded
12
Weekly
Average
Exceeded
$500 00
12-2018 Nitrogen, Ammonia
Total (as N)
Concentration
n
5 X week
mgfi
45
4.5
Weekly
Average
Exceeded
12/29 2018 12-2018 Nitrogen, Ammonia 5 X week mg l
Total (as N)
Concentration
76.5 Weekly
Average
Exceeded
0.00
$500 00
12t 1f2r 18 112-2018 Nitrogen, Ammonia 5 X week rig/I 1 10 4,09 271.7 Monthly
Total (as N) - Average
Concentration Exceeded
2,000.00

Facility. Name: Long Creek W 'IP
Report Period: December 2018
DMR REVIEW RECORD
Mooresville Regional Office
Prior Asses
Permit Number: NC0024244
Enforcement Factor: _1,00
Outfall Descriptio
001 Effluent to Long Creek
!aterDody Nar
Long Creek
Waterbody
Classification
C
Monthly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Date
Pararne
1.2/3112018 Nitrogen, Ammonia Total (as N) -
Concentration
Weekly Average Limit Violations
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
5 X week mg/l
Sample Location: Outfall 001 - Effluent
Violation
Date Parameter
12(1(2
Nitrogen, Ammonia Total (as N) -
Concentration
12/8/2018 Nitrogen, Ammonia Total (as N)
Concentration
12/15/2018 Nitrogen, Ammonia Total (as N) -
Concentration
4 10 271 7
6- 7
Action
Unit of Limit Calculated %© Over
Frequency Measure Value Value Limit
5 X week mg/I -4-345 6 90 110 4
Action
5 X week mg/I —37-3: 5.60 69.7
5 X week mg/l —2•46- 3.30 1_2
7 .S•
12/22/2018 Nitrogen, Ammonia Total (as N) -
Concentration
5 X week mgll _1311 3 50 4 5
-7 As•
12/29/2018 Nitrogen, Ammonia Total (as N) -
Concentration
Daily Limit Violations
Sample Location:
Violation
Date Parameter
Outfall 001 - Effluent
5 X week
mgil
5 80
76 5
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Action
12111/2018 Chlonne, Total Residual
5 X week ug.(I 18 36 100_0 No Action, BPJ
12119/.2018 Chlorine, Total Residual 5 X week ug/I 18 22 22,2 No Action, BPJ
12(21(2018 Chlorine, Total Residual 5 X week ug/I 18 23 27,8 No .Action, BPJ
Page 1 of 3

Monitoring Frequency Violations
Sample Location: Outfali 001 - Effluent
Violation
Date Parameter
Unit of
Frequency Measure
Action
12/29/2018 BOD, 5-Day (20 Deg. C) - Con c ntral
5 X week mg/I
12/29/2018 Chlorine. Total Residual
e
ug/I
12/29/2018 Coliform, Fecal MF, MFC Broth, 44,5 C
12/29/2018 Conduct
Y
12/29/2018 Nitrogen, Ammonia Total (as N) -
Concentration
12/29/2018 Oxygen, Dissolved (DO)
5 X week
#l100mi
5 X week urnhos/cm
5 X week
mg/I
5 X week mg/I
12/29/2018 pH
5 X week su
12/2''9/2018 Solids, Total Suspended - Concentration
5 X week mg/I
12/29/2018 Temperature, Water Deg. Centigrade
5 X week deg c
Other Violations/Staff Remar
Completed by:
Assistant Regional
Supervisor Sign -off:
Regional Supervisor
Sign -off:
Date:
Date:
Date:
Page 2 of 3

Prior 12- 4onth Enforcement History.
Permit .Number: NC0ti24244 Report Period: December 2018
Limit Violation
Sample Location: Outfall 001 • Effluent
Violation Report
Date Period Parameter
Violation
Type
NOD
NOV CPA
11117f2018 11-2018 Coliforrn, Fecal MF, MF
Broth, 44 5 C
Weekly Geometric
Mean Exceeded
NOD-2019-LV_0010
11 /30/20'18 11-2
Nitrogen, Ammonia TotaO (a
N) - Concentration
Monthly Average
Exceeded
NOD-2019-L'V-0010
1//612018 1-2018 Solids, Total Suspended -
Cclncentration
Weekly Average
Ex ax:eded
NOV-2018-LV-0430
4112812018 4-2018 BCD, 5-Day (20 Deg. C( -
Conrentrataon
Weekly Average
Exceeded
NOV-20
413012018 4-2018 BCD, 5-Day (20 Deg C) -
Concentration
Monthly Average
Exceeded
NOV-2018-LV-0635
4/30./2018 4-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOV-2018-LV-0635
5/12/2018 5-2018
Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2018-LV-0658
5/3112018 5-2018 Nitrogen, Arramonua T©ta0 (as
N) - Concentration
Monthly Average
Exceeded
NOV-2018-LV-0658
Other Violation
Sample Location:
Violation Report Violation
Date Period Parameter Type
NOD
NOV CPA
811'3/2018
Violation detected
during inspection
NOV-2018-PC-0339
Page 3 of 3

Certified Mail #7017 2620 0000 6788 5313
Return Receipt Requested
February 18, 2019
Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0102
Permit No, NC0024244
Long Creek WWTP
Staniy County
Dear Mr, Ferris:
A review of the December 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
001 Effluent
Date
Limit Reported
Value Value Type of Violation
Nitrogen, Ammonia Total (as
N) - Concentration (C0610)
12/1/2018 ---373 6,94
--7C6
5.6
001 EffluentNitrogen, Ammonia Total (as 12/8/2018
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 12/15/2018
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 12/22/2018
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as
N) - Concentration (C0610)
eekly Average Exceeded
LC) 3.34
.42, 3.45
12/29/2018 5.82
Weekly Average Exceeded
Weekly Average Exceeded
Weekly Average Exceeded
Weekly Average Exceeded

L@vnit Exoeedamce VimlmtiomCsj:
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001Effluent Nitrogen, Ammonia Total (as 12/31/018 �T 4,09 Monthly Average Exceeded
N) [oncertnaMon(O]hlO) 9,�
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.5.) 143-215.1 and Ule facility's NPDESVVW Permit, Pursuant LoG.5. 143'I15.6A. a civil penalty of
noLmorethontwenLy'Dveth0usanddoUars(523,0OU.QO)rndybeassesSedagainstamypeoonvvhovio|ateSOr
fails to act in accordance with the terms, conditions, Or requirements of any permit issued pursuant to G.S.
14]'21S.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 ofthis Notice. A
review Qfyour response will be considered along with any information provided On the submitted Monitoring
Report(s). You will then be notified of any dVi| penalties that may be assessed regarding the v|O|aUons. If no
response isreceived inthis Office within the 10-dayperiod, acivil 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 ofWater Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying fora Special Order by
Consent.
Reminder: Pursuant to Permit Condition 5 in 5cdjVn E, the Pennittee 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 treatment unit. A written report may
he 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.
Dyou have any questions concerning this matter orto apply for mnSOC, please contact Roberto Schd|erof
the Mooresville Regional Office at 704-663-1699.
Cc: Laserfiche
Si
DocuSigned by:
~
A14CC0O1AF27425—
VV.Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division ofWater Resources, NCDEO

DIVISION OF WATER RESOURCES - CIV L PENALTY ASSESSMENT
Violator: City of Albemarle
Facility, Name: Long Creek WWTP
Permit Number: NC0024244
County: Stanlv
Case Number: LV-2020-0063
ASSESSMENT FACTORS
1) The degree and extent ()charm to the natural resources of the State, to the public health, or to private
property resulting from the violation; None documented., However, the discharge of treated effluent hi excess
of permit lir»itations has the potential to adversely impact natural resources.
2) The duration and gravity of the 'violation; As documented in Attached A
3)The effect on ground or surface water quantity or quality or on air quality; None documented. flow&vcr, the
discharge of treated effluent in excess of permit limitations has the potential to lidversely imriact surface waters,
4) The cost of rectifying the damage; Unknown.
5) The amount of money saved by noncompliance; IJnknowa
6) Whether the violation was committed willfully or intentionally; Not suspected to be willful or initntonaL
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
Frior violations reported and addressed. SO( negotiations arc currently ongoing
8) The cost to the State of the enforcement procedures..
S11.5.76
2/5/2020
Date
DocuSigned by:
t1/414CC681AF27425._
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
1/0,6z/