NC0024244_Enforcement (LV-2020-0061)_20200305

ROY COOPER
covov,,,
MICHAEL S. REGAN
Trtor
S. DANIEL SMITH
Certified Mail # 7017 2620 0000 6789 4919
Return Receipt Requested
Michael J Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECT:
Dear Mr, Ferris:
STAR'4''
NORTH CAROL NA
Environmental Quality
Februar), 05, 2020
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina. General Statute (G.S.) 143-215.1 6
and NPDLS WW Permit No, NC0024244
City of Albemarle
Long Creek WWIP
Case No. LV-2020-0061
Stanly County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $8,115„76 ($8,000.00 civil
penalty + $115.76 enforcement costs) against City of Albemarle.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by City of Albemarle for the month of January 2019. 'I -his review has shown the subject facility to he
in violation of the discharge limitations andlor monitoring requirements found in NPDES WW Permit No. NC0024244.
The violations, which occurred in January 2019. are summarized in Attachm.ent. A to this letter.
Based upon .the above facts, I conclude as a matter of law 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 he
assessed against any person who violates the terms, conditions or requirements of a permitrequired by G.S.
143-215.4a).
E
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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 makethe following civil penalty assessment against
City of Albemarle:
$2,000.00
$2,000,00
2,000.00
1 of 1 violations of G,S. 143-215,I(a)(6) and Permit No. NC0024244, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Dee,
C) - Concentration
1 of 1 violations of G.S. 143-2 15.1(a)(6) and Permit
into the waters of the State in violation of the Permit
Total (as - Concentration
1 of 1 violations of G.S. 143-215,1(a)(6) and Permit
into the waters of the State in violation of the Permit
Suspended - Concentration
$0,00 it) of 2 violations of G.S. 143-215..1(a)(6) and Permit
into the waters of the State in violation of the Permit
C) - Concentration
No, NC0024244, by discharging waste ‘k ater
Monthly Average for Nitroeen, Ammonia
No, NC0024244, by discharging waste water
Monthly Average for Solids, Total
No. NC0024244, by, discharging waste water
Weekly Average 'for ROD, 5-Da', (20 :Dee.
$1,509,,,00 3, of 4 violations of GS, 143-215.1(a)(6) and Permit No. 'NC0024244, by discharging waste NV at e r
into the waters of the State in violation of the Permit Weekly Aerage for Nitro2en, Ammonia
Total (as .N) - Concentration
$500.00
1 of 1 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 Weekly Average for Solids, Total Suspended
- Concentration
$8,000.00 TOTAL CIVIL PENALTY
$115.76 En forceinent Costs
8,11.5.76 TOTAL AMOUNT DUE,
Pursuant to G.S. 43-215.6A(c), in determining the amount of the penalty I 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) 'Ihe degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting f'.ronithe violation;
(2) The duration and gravity of the violation;
(3) lite effect on ground or surface water (jllantity or y or on air quality;
(4) The cost: of rectifying the damage;
(5)
(6)
(7)
(8)
The amount of money saved by noncompliance;
Whether the violation was committed il lful k or intentionally;
rf he prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
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 fir remission, OR
(3) Submit a 'Written request for an administrative hearing
Option 1: Submit payment of the penalt):
Payment should be made directly to the order of the Department of Environmental Quality' (do not include waiver
firm). 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 VVater Resources
1617 Mail Service Center
Raleigh, North Carolina 2769617
Option 2: Submit a rttten 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 requ.est. 'forecloses the option of an administrative hearing,.
such a request must be accompanied by a waiver of your right to an adininistrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes wiry you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
ln determining whether a remission request Win be approved, the fb.11owing factors shall be considered:
(1) whether one or more of the civil penalty, assessment .factors in NCGS I43B282,1(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 beenassessed 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 inforrn you of his decision inthe matter of
your remission request. T.he 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 Com.mittee on Civil Penalty
Remissions (( ommittee). Please he advised that the Committee cannot consider inftirmation 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 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 "Justification for
Remission Request."
Both 'forms should he submitted to the following address:
Wastewater Branch
Division of Water Resources
.1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wishto contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition forin from the Office of Administrative Hearings. You must file the petition with
the Office. of Administrative ltearings within thirty (30) days of receipt of this notice. A petition is considered tiled
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearing accepts filings Monday through Frid.ay between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may he 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 fire is required by NCGS §1.5013-23.2) 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 filing 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
R.aleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petitbon musi 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 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 he advised that additional penalties may be assessed for violations
thatoccur after the review period of this assessment.

lf you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via entail at roberto.sehellerAncelenr.gov.
Al fACI-IMENTS
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 Fife
NPDES Compliance/Enforcement Unit - Enforcerrient

JUSTIFICATION FOR REMISSION RE VEST
Case NOmber: LV-2020-0061
Assessed Party: City ofAlbemarle
Permit No.: NC0024244
Please use
County: Stanly
Amount Assessed: $8,1 15,76
requesting remission of this civil penalty. YOU must also comp€
' Request For Reim;
it aiv�er ca1Right to an Administrative Hearing. Band Slif�,rtlatiarn r7f`Facts" form to request remission of this civil penalty
Your should attach any documents that your be€ieve support your request and are necessary for the Director to consider
evaluating your request for remission. Please be aware that a request for" remission is limited to consideration of the five
l':actors listed. below as they natty relate to the reasonableness of the amount of the civil penalty assessed* Requesting
rentissiort 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. § 143 B-2.82.1(c), remission of a ciy
penalty may he 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, 1nc(udin,g copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
ivil penalty assessment factors in N.C.G.S. I43B-282t1(b) were wrongfully applied to the
detriment of the petitioner (t c cis essmett
(h) the violator promptly abated: cont.irtuing ertvironr.
.steps that you took to correct i/w viola prcver
tstc in she civil penalty assessment d; e°t anent);
ntal damage resulting from the v
(c') the violation was inadvertent or a result of an accident
sooreahing you could not prevent or prepare +?aril.
lator had not. been assessed civil penalti
previous violations
violat;
lation (l.e., explain the
payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., ex/.
he civil p malty° tail! prevent you.
EXPLANATION:
'ivities• necessary to achieve

STATE 011 NORTH CAROLINA
COUNTY OF STANI,Y
IN 'TFIE,MATTER:DF.ASSESSMENT
• TIFI(IVIL PENALTIES,A(iAINST
City of Albemarle
Long Creek WWTP
FERMI" NO. NC0024244
DEPAR I'M ENTOf ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
) CASE NO, TV-2020-0061
Having been assessed civil penaltie $8,115.76 for violation(s) as set forth in the assessment document of the
Division of Water Resources date „ groan/ $S, 2020. the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an admit) " hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. 1 he undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the 14ivision of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will he allowed after (30) days
from the receipt of the notice of assessment.
This the da.v of 20
ADDRESS
SIONATIIRE
TEI,EPHONE

ATTACHMENT A
City of Albemarle
CASE NUMBER: LV-2020-0061
PERMIT: NC0024244
FACILITY: Long Creek WWTP
LIMIT VIOLATIONS)
REGION: Mooresville
COUNTY: Stanly
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
1/19/2019 1-2019 BOD, 5-Day (20 Deg. 5 X week mg/I 30 33.46 11.5 Weekly
Average
Exceeded
C) - Concentration
$0.00
1/26/2019 1-2019 BOD, 5-Day (2,0 Deg. 5 X week mg/I 30 30.48 1.6 Weekly
Average
Exceeded
C) - Concentration
$0.00
2019 1-2019 BOD, 5-Day (20 Deg. 5 X week mg/I 20 24.3 21.5 Monthly $2,000.00
Average
Exceeded
C) - Concentration
1/5/2019 1-2019 Nitrogen, Ammonia
Total (as N) -
Concentration
1/12/2019 1-2019 Nitrogen, Ammonia
Total (as N) -
Concentration
5 X week
5 X week
mg/I 3.30
mg/I
6.1 Weekly
Average
Exceeded
3.30 5.08
$0.00
54.1 Weekly
Average
Exceeded
$500.00
1/19/2019 1-2019 Nitrogen, Ammonia
Total (as N) -
Concentration
5 X week m,g/I 3.30 6,54
Weekly
Average
Exceeded
$500.00
1/2612019 1-2019 Nitrogen, Ammonia 5 X week mg/I 3.30 4.12 24.7 Weekly
Total (as N) - Average
Concentration Exceeded
$500,00
1/31/2019 1-2019 Nitrogen, Ammonia 5 X week mg/I 1 10 5,22 374.7 Monthly $2,000.00
Total (as N) - Average
Concentration Exceeded
1/26/2019 1-2019 Solids, Total
Suspended -
Concentration
1/2019 1-2019 Solids, Total
Suspended -
Concentration
5 X week mg/I 45 61.2 36.0
Weekly
Average
Exceeded
5 X week mg/I 30 40.84 36.1 Monthly
Average
Exceeded
$500.00
$2,000.00

Certified Mail ' 7017 2620 0000 6788 9953
Return Receipt Requested
November 26, 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-0187
Permit. No. NC0024244
Long Creek WWTP
Stanly County
Dear Mr, Ferris:
On March 19, 2019 a Notice of Violation & Intent to Assess Civil Penalty was issued for review of January 2019
Discharge Monitoring Report (DMR) violation(s). It was noted that parameter limits were for summer limits and
not winter limits. Our apology for the mix-up and any inconvenience this may have caused. Below are the
corrected winter parameter limits violations reported for January 2019:
Limit Exceedance Violation(s):
Sample
Location Parameter
001 Effluent
BOD, 5-Day (20 Deg, C) -
Concentration (C0310)
Date
1/19/2019
001 Effluent BOD, 5-Day (20 Deg. C) - 1/26/2019
Concentration (C0310)
Limit Reported
Value Value Type of Violation
30 3.46 Weekly Average Exceeded
.48 Weekly Average Exceeded

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 1/26/2019 45 61,2 Weekly Average Exceeded
Concentration (C0530)
001 Effluent BOD, 5-Day (20 Deg. C) 1/31/20 9 20 24.3 Monthly Average Exceeded
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as /20192 2,6 5.22 Monthly Average Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 019 30 40,84 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 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,
DocuSigned dy,
E144:414e H Pa..4
F161FH69A2D 4A3
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
Laserfiche

Facility Name: Long Creek WV TP
Report Period: January 2019
DMR REVIEW RECORD
Mooresville Regional Office
Prior Assessments:
'tO
Permit Number: NC0024244
En forcem cut Factor: 1.00
Outfall # Outfall Description
Waterbody Name
Waterbody
Classification
301 Effluent to Lonq Creek
Long Creek
Monthly Average 'mit Violations
Sample Location: Outfall 001 - Effluent
Violation
Date Parameter
1/31/2019 BOD, 5-Day (20 Deg. C) -
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
5 X week mg/1 20 24 30 21 5
Action
•
113112019 Nitrogen, Ammonia Total (as N)
Concentration
5 X week rng1I 1 10 5 20 374 7
e
1/312019 Solids, Total Suspended -
Concentration
5 X week
mg/I 30 40 80 36 1
Weekly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Date Parameter
1/1912019 BOD, 5-Day (20 Deg, C)
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
5 X week mg1I 30 33 50 11 5
Action
1. .0
1/2612019 BOD, 5-Day (20 Deg. C) -
Concentration
5 X weeI mgf 30 30 50 1 6
1/5/2019 Nitrogen, Ammonia Total (as N) -
Concentration
5 X week mg/I 3 30 3 50 6 1
40.1/1212019 Nitrogen, Ammonia Total (as N) -
Concentration
5 X week mg/I 3 30 5 10 54 1
54,
. 20 9 Nitrogen, Ammonia Total (as N) -
Concentration
5 X week mg/I 3 30 6 50 98 3
14.4)1,
1/26/2019 Nrogen, Ammonia Total (as N) -
Concentration
5 X week rng 3 30 4 10 24 7
1i2612019 Soids Total Suspended -
Concentration
5 X week mg/1 45 61 20 36.0
Page 1 of 4

Other 'V'itnlations/Staff° Rerna
Completed y.
istant Regional
nal
Super*aisor Sign -off:
I egional Suite or
Sig
Date:
Date.
a
Rage 2 of

Prior 12-Month EnforcementHistory
Permit Number: N00024244
Report Period: January 2019
Limit Violation
Sample Location: OutlaII 001 - Effluent
Violation Report
Date Period Parameter
Violation
Type
NOD
NOV CPA
11/17/2018 11-2018 Colliomn, Fecal MF, MFC
Broth, 44.5 C
Weekly Geometric
Mean Exceeded
NOD-2019-LV-0010
11/30/2018 11-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOD-20194V-0010
11612018 1-2018 Solids, Total Suspended -
Concentration
Weekly Average
Exceeded
NOV-2018-LV-0430
12/1/2'018 12-2018 Nitrogen, Ammonia Tot (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/8/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/15/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12122/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
1212912018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/31/2018 12-2018 Nitrogen, Ammonia Total (as
N) Concentration
Monthly Average
Exceeded
NOV-2019-LV-0102
4/28/2018 4-2018 BOD, 5-Day (20 Deg. C) -
Concentration
Weekly Average
Exceeded
NOV-2018-LV-0635
4/30/2018 4-2018
BOO, 5-Day (20 Deg C) -
Conrntratien
Monthly Average
Exceeded
NOV-20'18-LV-0635
4/30/2018 4-2018
Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOV-20184V-G635
5/12/2018 5-2018
Nitrogen, Ammonia Total (as
N) Concentration
Weekly Average
Exceeded
NOV 2018-LV-0658
5/3 /2018 5-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOV 20184V-0658
Other Violation
Sample Location:
Violation Report
Date Period Parameter
Violation
Type
NOD
NOV CPA
8113/2018
Violation detected
during inspection
NOV 2018-PC-03 9
Page 3 of 4

Other Violation
Pa
4 f

DIVISION OF 'ATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Albemarle
Facility Name: Long Creek WWTP
Permit Number: NC0024244
County: Stank.
Case NUM ber: LV-202070061
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; None documented. However, the discharge of treated effluent in excess
of perwii IiitlitAtiORS has the potential to adversely impact natural resources.
2) The duration and gravity of the violation; As
IOC
Ile 'it '19 „Attac A
3) The effect on ground or surface water quantity or quality or on air quality; None documented. Dowever, the
discharge of treated effluent in excess of permit limitations bas the potential to adversely impact surface waters.
4) The cost of rectifying the damage; hi known
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; Not suspected o he yiHfu or „14,
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
Prior violations reported and addressed. SO(T negotiations are currently ongoing.
8) The cost to the State of the enforcement procedures.
Si 15.76
2/5/2020
Date
ocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ