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HomeMy WebLinkAboutNC0024244_Enforcement (LV-2020-0058)_20200305ROY COOPER M1CHA.EL S, REGAN 4e d'!'vary So DANIEL, SMITH t'/recGarr titled `ia li # 7('.1.7 2620 0000 6789 4919 urn Reccit t Requested Michael ,I Ferris, City Manager I hemarl e 190 a raarle, NC 28002)190 NORTH CAROLINA Environmental Quality St.1131F'('T. Notice of Violation and Assessment cif Civil Penalty for Violations of North Carolina General Statute (G,S.) 143 and NPDES WW Permit No, NC0024244 f Albemarle Creek. WWTP e No. L V-2020-0058 Snly County Dear Mr. This letter transmits a Notice of Violation sand assessment ofcivi penalty .r $1 15.76 enforcement coasts against City of Albemarle. 'ed upon the folio ubnaitted by City° of Albemarle for t of the discharee linaitations and/or urred in Mareh 2019, are summar h the amount of $4,1 15,76 ($4,00{L00 civi' she nd in NPDFS WW Permit A to this letter. nitoring Report acility to be in NC0024244. The Based upon the above facts, 1 conclude as a smatter of late that City tat' Albemarle violated flee terttts, conditions or requirements of NPII)ES WW Perrnit No. NC0024244 and G.S.. 143 ?1 .1(ra (r t in the manner and extent shown in Attachment A, in accordance with the rnaxiraaums established 1 (i.S, 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms. conditions or regrairearaertts of a pertaait required by G.S. i 43-215. I (a). r`,Y1, Ce. e % t t E ew e» , , cite µ, 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 make the following civil 'penalty assessment against City of Athem.arle: $2,000.00 1 of I violations of G.S. 143-21.5.1(a)(6) and Pert -nit. No. NC0024244, by discharging waste water into the waters of the State in violation of the Permit MonthlyrAveraue for Nitrogen, Ammonia Total (as N) - Concentration $2,000.00 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 oldie Permit -Monthly Average for Solids, Total Suspended - Concentration $0.00 $4,000.00 $1.15,76 $4,115.76 0 of 2 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 Nitrogen, Ammonia Total (as N) - Concentration TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 43-215.6A(c), in determining theamount 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) 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 rectifying 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 in complying or failing to comply with programs over which the Environmental Mana.gement 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 I: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do plot include waiver fbrm). 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 1.617 Mail Service Center Raleigh, North Carolina 27699-1.617 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 o-f 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 NCGS 143B-282,I(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the, violator had been assessed civil penalties for any previous violations; or (5) whether payment o-f 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 of the penalty to the Environmental 'Management Commission's Committee on Civil Penal 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 Right to an Administrative Hearing, and Stipulation of Facts" form within thirty 30 da. 's of recei ofthis notice. The Division of Water Resource's. also requests that you complete and submit the enclosed "Justification for Remission -Request," Both forms should be 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 wish to contest any statement in the attached assessment document you inust file a petition for an administrative hearing. You may obtain the petition formfrom the Office of .Administrative Hearings,. You must tile 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 Hearing 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 tile (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a 'filing fee is required by NCGS §1.50B-23..2) is received in the Office of .Administrative Hearings ithin seven (7) business days following the faxed or electronic transmission. You should contact the Office of:Administrative Hearin :)s with all questions regarding the filing fee and/or the details ofthe filing process. 'Yhe mailing address and telephone and fax .fbr the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Id: (919) 431-3000 Fax: (919) 431-3100 One (1) copy ofthe petition niuslalso 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 numb (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 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 assessment. If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville Regional Office at (252) 946-6481 or via email at roberto.scheller@ncdenr.gov, Sincerely, DocuSigned by: t A14CC681AF27425_ W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water R„esources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enfo•rcement File NPDES Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-00.58 Assessed Party: City of Albemarle Permit No.: NC0024244 Please use this Tt air�e°r erf `Right to an rtlrnirai, !raliv r 'e rira , rrcr is atrtcrtie ra of Facts" torte to request remission of this civil penalty. You should attach any clocrarrtents that you believe support. your request and. are necessary for tlae. I)irec for tca coaasider in evaluating your request for reran scion. 6 lease be aware that a request for remission is limited to conside s listed 'below as they may relate to the reasonableness of the amount of the civil penalty assessed, Reques ion is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the f" s contained in the civil penalty assessment document. Pursuant to N.C,G.S.. §. 143B-282..1(c), remission ofa civil ay be granted only when one or more of the hallowing five factors apply, Please check. each factor that you ` 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). County: Stan Amount Assessed: $4,1 15.76 de penalty, You must also complete the "Request For Rem e cifthe civil penalty assessment factors in N.C.G.S. 143E-282.1(h) were wrongful e petitioner (the astiessmenl frrclors are fisted in the pena (a^ assessment th)cume (b) the violator promptly abated continuo steps tha y u took nvi el tl2e Y='iolatdon andp olation was inadvertent or a suit of a prevent or prepare nrtrental damage result acciden. (d) the violator had not been assessed civil penalties for arty previous violations; it attic civil penalty vrill prevent payment for the rema 'he civil penalty will prevent you, EXPLANATION: the violat g necessary'ren raloidablee oe Lions (Le., mph: he STATE OfTNORT.H: CAROLINA trOtiNtIN 01STANEY ...IN THE tMtiVITERt QF .A.SSESSMEN "It CM'' ..PENAL7.171ES City of Albemarle Long Creek VVVVTP tPERMITL 'NO/NC00242:44 1)1tPA111 MItNT 1-tNVIRONMItNIAL QUALITY WAIVER OF RIGIIT TO AN AIIMINISTRATIVE HEARING AND ST IPULAT ION OF FACi'S CASE NO. IN-2020-0058 Having been assot,sed et i I penalties tsLjtig $4 I 15.76 for violation(s) as set berth in the assessment document of the Division ot Water Resources date e1 1_ 2020, the undersigned desiring to seek remission of the civil penalty does hereby N1/4, aive the right to rut adm1nNtrt1ve hearing in the abovesstated matter and noes stipulate that the facts are as alleged in the assessment document. Ibe undersigned. further understands thin all evidence presented in support of remission of this nisi] penalt), nuist be submitted to the Director of the 14ivision of Water Resources 6 ithin thirty (30) days of receipt of the itotice of assessment. No lieNV evidence in sripport of a remission request avid he allowed after (30) days from the receipt of the notice of assessment. Ithis the das,t, ADDRESS KINATURE TEL,EPIIC)Nti ATTACHMENT City of Albemarle CASE NUMBER: LV-2020-0058 PERMIT: NC0024244 FACILITY: Long Creek T ' IT VIOLATION(S) REGION: Moore vIlIe COUNTY Stardy E LOCATION: Outran 001 Effluent Violation Report Date Month/Yr Parameter Unit of Limit Calculated % Over Violation Penalty Frequency Measure Value Value Limit Type Amount 3/2312019 3-2019 Nitrogen, Am onia Told is N) Concentration 9 3-2019 Nitrogen, AMMonia Toaa (as N) A Concentration 2t 1 g Nitrogen. Ammonia Total (as N) Concentration 9 3-21+g Solids, Total Suspended r Concentration 5 X week 5 eek tl 7 80 8 42 780 5 X week mon 2,60 5 X week argil 30 8.74 12 7.21 Weekly Average Exceeded Weekly Average Exceeded 177.3 Monthly Average Exceeded 25.0 Monthly Average Exceeded 0 00 2,000.0 Certified Mail # 7017 2620 0000 6788 5658 Return Receipt Requested May 8, 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-0332 Permit No. NC0024244 Long Creek WVI TP Stanly County Dear Mr, Ferris: A review of the March 2019 Discharge Monitoring Report (DMR indicated below: Limit Exceedance. Violation(;s): Sample Location Parameter 001 Effluent Nitrogen, Ammonia Total (a N) - Concentration (C0610) 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration (C0610) 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration (C0610) 001 Effluent Solids, Total Suspended - Concentration (C0530) Date 3/23/2019 3J30/2019 3/31fl�2019 he subject 'facility revealed the violation(s) Limit Reported Value Value Type of Violation 7.8 7,8 8.74 8.42 Weekly Average Exceeded Weekly Average Exceeded 2.6 7.21 Monthly Average Exceeded 0 37,51 Monthly Average Exceeded ANotice of Viola tion/Inte nt to Issue Civil Penalty is being issued for the noted violation ofNorth Carolina General Statute /G.5.l 143-215'1 and the facility's NPOESVVVV Permit. Pursuant to G.S. 143'215.6A, aCivi| penalty of not more than twenty-five thousand dollars ($25,000.00) may he assessed against any person who violates o, foils to act in accordance with the terms, conditions, or requirements of any permit issued pursuant h]G.5. 143'215.l. If you wish to provide additional information regarding the Doted 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 inforrnatvon provided on the submitted Monitoring RepOrt/5\. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response isreceived imthis Office within the 10-dayperiod, a civil penalty assessment may ba prepared. Remedial actions should have already been taken tncorrect 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. Ifthe violations are of continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish tQconsider applying for Special Order by Consent. Reminder: Pursuant to Permit Condition 6in Section E, the Pennk±ee is required to verbally notify the Regional Office as soon as possible, not toexceed 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. Ifyou have any questions concerning this matter mto apply for onSOC, please contact RobertoEche|ler of the Mooresville Regional Office at 704-663-1699. Sincerely, DocuSigned by: L, H for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division ofWater Resources, N[DEU Cc: VVOS Mooresville Regional [>Mice ' Enforcement File NPDESCompliance/ Enforcement Unit Enforcement File FaciLit'v Name: DMR REVIEW RECORD Mooresville .Regional Office eek WWTP Report Period: March 2019 or Assessments: 0 Permit Number: NC0024244 Enforcement Factor: 1.00 Outfall # Outfall Description 001 Effluent to Long Creek Waterbody Name Long Creek Monthly Average Litnit Violations Cla rbody fication C Sample Location; Outfall 001 - Effluent. Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit Action 3/31/2019 Nitrogen, Ammonia. Total (as N) - 5 X week mg ll 1.10 7.20 555.5 No Action, BIMS Calculation Concentration Error 3/31/2019 Nitrogen, Ammonia Total (as N) - 5 X week mg/I 2.60 720 177.3 Proceed to NOV ti Concentration 3/31/2019 Solids, Total Suspended - Concentration 5 X. week mg/I 30 37.50 25,0 Proceed to NOV Weekly Average Limit Violations Sample Location: Outfall 001 - Effluent. Violation Date Parameter Unit of Limit Calculated % Over Frequency Measure Value Value Limit. Action 2/2019 Nitrogen, Ammonia Total (as N) - 5 X week mg/I 3.30 3.40 3.9 No Action, BIMS Calculation Concentration Error 3/9/2019 Nitrogen, Ammonia Total (as N) 5 X week mg/I 3.30 5.30 59.5 No Action, BIMS Calculation Concentration Error 3d16/2019 Nitrogen, Ammonia Total (as N) - 5 X week mg/I 3.30 6.80 105.0 No Action, BIMS Calculation Concentration Error 3/23/2{t19 Nitrogen, Ammonia Total (as N) - 5 X week mg/I 3.30 8,40 155 3 No Action, BIMS Calculation Concentration 3/23/2019 Nitrogen, Ammonia Total (as N) - 5 X week Concentration Error mgll 7.80 8,40 8.0 Proceed to NOV 3/30/2019 Nitrogen, Ammonia Total (as N) - 5 X week mg 3.30 8.70 164.7 No Action, BIMS Calculation Concentration Error 3/30/2019 Nitrogen, Ammonia Total (as N) - 5 X week Concentration 7,80 8.70 12.0 Proceed to NOV Permit Number: NC0024244 Prior 12-Month Enforcement History Report Period: March 2019 Limit Violation Sample Location: Outfall 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV 11/17/2018 11-2018 Coliform, Fecal MF, MFC Weekly Geometric NOD-2019-LV-0010 Broth, 44.5 C Mean Exceeded 0/2018 11-2018 Nitrogen, Ammonia Total (s Monthly Average NOD-2019-LV-0010 N) - Concentration /5/2019 1-2019 Nitrogen, Ammonia To N) - Concentration Exceeded Weekly Average Exceeded 1/12/2019 1-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 1/19/2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration Exceeded Weekly Average Exceeded NOV-2019-LV-0187 NOV-2019-LV-018'7 NOV-2019-LV-0187 1/19/2019 1-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 1/26/2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded 1/26/2019 1-2019 Nitrogen,, Ammonia Total (as Weekly Average N) - Concentration 1/2.6t2019 1-2019 Solids, Total Suspended Concentration Exceeded NOV-2019-LV-0187 NOV-2019-LV-0187 NOV-2019-LV-0187 Weekly Average Exceeded 2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration NOV-2019-LV-0187 Monthly Average Exceeded NOV-2019-LV-0187 2019 1-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration 1/31/2019 1-2019 Solids, Total Suspended - Concentration Exceeded Monthly Average Exceeded NOV-2019-LV-0187 NOV-2019-LV-0187 12/1/2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 12/8/2018 12-2018 Nitrogen, Ammonia To N) - Concentration Exceeded eekly Average Exceeded NOV-2019-LV-0102 NOV-2019-LV-0102 12/15/2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 12/22/2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 12/29/2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded Exceeded NOV-2019-LV-0102 NOV-2019-LV-0102 NOV-2019-LV-0102 Sample Location: ©utfall 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 12/31/2018 12-2018 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded 2/2/2019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-20'19-LV-0102 N©V-2019-LV-0292 2/9/2019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 2/16/2019 2-2019 Nitrogen, Ammonia Tota N) - Concentration Exceeded Weekly Average Exceeded NOV-2019-LV-0292 NOV-2019-LV-0292 2/23/2019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 2/23/2019 2-2019 Solids, Total Suspended - Concentration Weekly Average Exceeded NOV-2019-LV-0292 NOV-2019-LV-0292 2/28/201 2-2019 Nitrogen, Ammonia Total N) - Concentration Monthly Average Exceeded NQV-2019-LV-0292 2/28/2019 2-2019 Solids, Total Suspended - Concentration 4/28/2018 4-2018 BOD, 5-Day (20 Deg. C Concentration 4/30/2018 4-2018 BOD, 5-Day (20 Deg. C Concentration Monthly Average Exceeded Weekly Average Exceeded onthly Average Exceeded 4/30/2018 4-2018 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded 5/12/2018 5-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 5/31/2018 5-2018 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded N©V-2019-LV-0292 NOV-2018-LV-0635 NOV-2018-LV-0635 NOV-2018-LV-0635 NOV-2018-LV-065a NOV-2018-LV-0658 ©then Violation Violation Report Date Period Parameter 8/13/2018 2/19/2019 2/19/2019 2/19/2019 Violation Type Violation detected during inspection Violation detected during inspection Violation detected during inspection Violation detected during inspection NOD NOV CPA N O V-2018-PC-0339 NOV-2019-PC-0188 NOV-20 -PC-0 N©V-2019-PC-0188 Facility N Long, Creek W'WTiP Report Period: March 2019 DMR REVIEW RECORD Mooresville Regional Office Permit Number: NCC0024244 Prior Assessments: Enforcement Factor: 1 Outtall # Outfall Description Waterbody Name Waterbody Classification 001 Effluent to Long Creek Long Creek Monthly Average L,t tit Violations Sample location: Outfall 001 - Effluent Violation Date Parame /2119 ,='litrnge�n,, m Crrcentisatio 3/3112 Nitrogen, Ammonia Total (as N) - Concentration Unit of Limit Calculated % Over Measure V.a . , Value 7.20 5 X. week mg/I 2.60 7.20 177.3 Ac' 3/31/2019 Solids, Total Suspended - Concentration 5 X week mgll 30 37.50 25.0 kiy Average Limit Violations Sample Location: Outfall 001 - Effluent Violation Unit of Date Parameter Frequency Measure 312/2019 Nitrogen, Ammonia Total (as N) - 5 X. week mg/1 Concentration Nitrogen, Ammonia Total (as N) Concentration 3/16/2019 Nitrogen, Ammonia Total (as N) - Concentration 3/2 3/30120 en, Ammonia Total (a. ncentration 3/30/2019 Nitro c n Arriirrras/1ia Total (a N) Concentration 5 X week mgll 5 X week mg/I 5 X week rrig/I Limit Calculated % Over Value Limit 3.40 3.9 105.0 8.40_,. 8.0 eek'`` mg/1 7 $0 8.70 12.0 Action Page 1 of 4 Other ' iolations/Staff Remarks. Supervisor Remarks: Completed key. assistant Regional Supervisor Sign -off: Regional Satpervisr Sign - Date: Page 2 of Limit Violation Sample Location: Duffel! 001 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 2/2/2019 2-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/9/2019 2-2019 Nitrogen, Ammonia. Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/16/2019 2,2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/23/2019 2-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/23/2019 2-2019 Solids, Total Suspended - Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/28/2019 2-2019 Nitrogen, Ammonia Total (as N) - Concentration Monthly Average Exceeded NOV-2019-LV-0292 2/28/2019 2-2019 4/28/2018 4-2018 Solids, Total Suspended - Concentration BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded Weekly Average Exceeded NOV-2019-LV-0292 NOV-2018-LV-0635 4/30/2018 4-2018 BOD, 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 5/1212018 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-2018-LV 0658 Other Violation Sample Location: Violation Report Date Period Parameter Violation Type NOD NOV CPA 8113/2018 Violation detected during inspection NOV-2018-PC -0339 2/19/2019 2/19/2019 Violation detected during inspection Violation detected during inspection NOV-2019-PC-0188 NOV-2019-PC-0188 2/19/2019 Violation detected during inspection NOV-2019-PC-0188 Page 4 of 4 Prior 12-Month Enforcement History Permt Number: NC0024244 Report Period: March 2019 Limit Violation Sample Location: Outfa II 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 11117/2018 11-2018 Coliforrn, 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-2019-LV-0010 1/5/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/12/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/19/2019 1-2019 BOD, 5-Day (20 Deg C) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/19/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/2612019 1-2019 BOD, 5-Day (20 Deg C) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/26/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV- 7 1/26/2019 1-2019 Solids, Total Suspended - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/31/2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2019-LV-0187 1/31/2019 1,2019 Nitrogen Ammonia Total (as N) Concentration Monthly Average Exceeded NOV-2019-LV-0187 1/31/2019 1-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2019-LV-0187 1211/2018 12-2018 Nitrogen, Ammonia Total N) - Concentration VVeekly Average Exceeded NOV-2019-LV-0102 12/812018 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-20 -LV-010 12/22/2018 12-2018 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0102 12/29/2018 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 Page 3 of 4 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Albemarle Facility Name: Long Creek WWTP Permit Number: NC0024244 County: Stanly Case Number: LV-2020-0058 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; one flocumented. Iiivcr the diseharge of treated effluent in CNCVSS 10111t3Ifm, has the potential to mkt:rid:1/4 impact natural resources. 2) The duration and gravity of the violation; As cuuenlcd in Attached A. 3) The effect on ground or surface water quantity or quality or on air quality; None documented. llowever, the discharge of treated effluent in excess of permit limitations has the potential to adversely impact surface water 4) The cost of rectifying the damage; t„ it known :5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; Not suspected to be willful or intentiont 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 vi(datiOnS repOrted and addresseit SOC negotiations are currently ong,oing, 8) The cost to the State of the enforcement procedures. S115.76 2/5/2020 Date DocuSigned by: Al 4CC681AF27425„, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ