NC0024244_Enforcement (LV-2020-0057)_20200306

ROY COOPER
MICHAEL S. REGAN
S. DANIEL SMITH
Director
Certified Mail # 7017 2620 0000 6789 491.9
Return. Receipt Regpested
ael J Ferris, City Manager
of Albemarle
PO Box 190
Albemarle, NC 28002-0190
NORTH CAROLtNA
Environmental Quality
2t)
SUBJECT. Notice of Violation and Assessment of Civil Penalty
For Violations of North Carolina General Statute- (G.S.) 14-21 .1(a)(6,
and NPDES WW Permit No. NC0024244
City of Albemarle
Long Creek WWTP
Case No. LV-2020-0057
Stanly County
Hs:
This letter transmits a Notice of Violation and assessment ot`c.i+ril penalty in the amount. of$5,615.76 ($5.500.00 civil
penalty + $1 15.76 enforcement costs) against City of Albemarle.
This assessment is based upon the follow it°tl facts: a review has been conducted of the Discharge Monitoring Report
(E)MR) submitted by City of Albemarle for the month of April 2019. This review has shown the subject facility to be in
violation of the discharge limitations andlor monitoring requirements found in NPDES WW Permit No. NC0024244. The
violations, which occurred in April 2019. are summarized in Attachment 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. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by CG.S,
143-215.1(a).
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Based upon the above findings of fact and conclusions of law, and in accorda.nce with authority provided by the
Secretary of the Department of Environmental Qualityand 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 Albemarle:
$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 of the Permit Monthly Average for BOD, 5-Day (20 Deg.
C) - Concentration
$2, )00.00
.1. of .1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0024244, by discharging waste W at e r
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$0.00 0 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 Monthly Average for Solids, Total
Suspended - Concentration
$0.00
$1 500.00
$5,500,00
$115.76
$5.615.76
0 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 .BOD, 5-Day (20 Deg.
C) - Concentration
3 of 4 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. 143-215.6.A(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.14313-282.1(b), which are:
ft) 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
Management Commission has regulatory authority; and
(S) The cost to the State of the enforcement procedures.

Within thirty (30) days of receipt of this notice, you must do one ofthe 1'6 ow' g:
(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 not include waiver
t 77), 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 •
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 he iemitted, and submit it to the Division of Water Resources at the address listed below.
in determining \vhetber a remission request Nvill be approved, the following factors shall be considered:
(1) 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 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 °Mater 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 Penalty
Remissions (Committee). Please be advised that the Comtnittee cannot consider intbrination 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 rennission, you must complete and submit t1 e enclnsed "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 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 adrrrinistrative hearint; with the Office cnf Adtr►inist ative 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 form 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 fled.
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Fearings 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 original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-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 questioinsregard'n the film, fee and/or the details of the
tiling process.
The mailing address and telephone and fax nu. hers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
opy ofthe petition must also be served on DFQ. as follows:
Please indicate the case numbr
Mr, William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1.601
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 he advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

r
on
r
f` the
have at quest ns, pi ;cc nt ct Roberto Scheller rnrittt tl L Division
Regional Offic at ( '} 946 6481 roh rto.schc l rr i ncdenr.gov.
"1"'TA( L N"Tf
Sincerely,
DocuSigned by:
Al4CC681AF27425
°. Cory Basinger, Regional
Water Quality Regional Op
Mooresville Regional Of e
F)i zisi an o Water Resources
C e: i'v't S Mooresville C °ona1 Office Entorc t ent F"il
NPI)ES Coin liancell Moore mcnt t.ir it 41 ntbr:.. ment File

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REiVIISIONREIEST
LV-2020-0057
City of Albemarle
NC0024244
Please use this form when requesting re
County: Stanly
Amount Assessed: $5,615.76
of this eivil penalty. You must also complete the "Request F,'r Remission,
Waiver of Right to an .4ilrnini'" °1zr rtive Hearing, and Stipulation of Fek.°tag" term 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 he 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 ofthe civil penalty assessed. Requesting
remission is not the proper procedure 'tor contesting whether the violations) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant N.C,G.S. 143B-282..1(c), remission of a civil
penalty may be granted only when one or more of the following, love 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 Wrote of the civil penalty assessmen
detriment: of the petitioner (the assessment
n N.C.G.S. 14313-282.1(b) were wrongfully applied to th
ed in the civil penalty assessment document);
('h) the violator promptly abated continuing environmental damage resulting from the violation
steps that you took to correct the violation and prevcrtat inure occurrences);
(c) the violation was inadvertent or a result of an ac
soinethtngr ,you could not prevent or prepare, fot'),:
lain why the via
(d) the violator had not been assessed civil penalties for any previous violations;.
(e) payment ofthe civil penalty will prevent payment for flee remaining necessary remedial actions (ix,
he rt payment of the civil penalty will prevent you,,,from perk ities° necessary to achieve
c•ornp/lance>).
EXPLANATION;
n the

TATIE OF 'NOSITti. 'CAROLINA
COUNTY OF STANLY
CECIVIL.PENALITIES.,AGAINsT
City of Albemarle
Long Creek WWTP
01 PARIMFNI F)FI ENVIRONMENI AL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE REARING ANL"
STIPLILATI[IN OF FACFS
F1 RmiTNO.INC00242)14 CASE .NQ.:.::::::LV4202tL0057
Having been assessed civil penalties totaling $5,615.76 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated Fi ebruary 05„ 2020, the undersigned, desiring to seek remssion Utile MAP] penalty, does
hereby W a i ve the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
renussion of this civil pearalty must be submitted to the Director of the Division of Water Resources within tinily (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request Will he allowed after (3(1) days
from the receipt of the notice iaf assessment.
Fhis the
data of 20
ADDRESS
SiCiNA LIRE
TEI„IFIFHOSE

PERMIT: NC0024244
FACILITY: Long Creek TP
T VIOLATION()
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month!Vr Parameter
ATTACHMENT A
City of Albernarie
CASE NUMBER: L,V-220-005 7
REGION: Nlooresville
COUNTY: Stanly
Unit of in
Frequency Measure Value
Calculated % Oyer
Value Limit
Violation
Type
4/27/2019 4-2019 BOD, 5-Day (20 Deg. 5 X week mgil
C) - Concentration
4i3012019 4-2019 [SOD, -Day (20 Deg:
C) - Concentration
5
5 X week argil 10
15
Penalty
Amount
Weekly
Average
Exceeded
6 36,0 Monthly
Average
Exceeded
4/6/2g19 4-2019 Nitrogen, Ammonia 5 X week rrgll 3.30 8.58 159.9 Weekly
Total (as N) R Average
Concentration Exceeded
4t1312019 4-2019 Nitrogen, Ammonia-
Total (as N) -,
Concentration
5 X week argil 3.30' 4.61
Weekly
Average.
Exceeded
4/20/ 019 4-2019 Nitrogen, Ammonia 5 X week mg/i 3.30 3.86 17.1 Weekly
Total (as N) W Average
Concentration Exceeded
$0 0
$2,000.00
0 00
$0 00
4/27/2019 4-2019 Nitrogen, Ammonia 5 X week mgil 3 30 9,47 187 1 Weekly
Total (as N) - Average
Concentration Exceeded
4130/2019 4-2019 Nitrogen, Ammonia
Total (as N) -
Concentration
4/30120'
4-2019 Bolds. Total
Suspended-
Concentration
5 X week
$00.0[
null 1.10 7 22 556 0 Monthly
Average
Exceeded
$2,000.00
5 X week mg/I 30 34.47 14,9 Monthly
Average
Exceeded
$0.t30

Certified Mail # 7017 2620 0000 6788 740
Return Receipt Requested
June 12, 21J19
Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 2.8002-0190
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: N0V-2019-LV-0397
Permit No. NC0024244
Long Creek WWTP
Stanly County
Dear Mr. Ferris:
A review of the April 2019 Discharge MonitoringReport (DMR
indicated below:
Limit Exceedance, Violation(s):
Sample
Location Parameter Date
001 Effluent Nitrogen,. Ammonia Total (a
N) - Concentration (C0610)
0
he subject facility revealed the violation(s)
Limit Reported
Value Value Type of Violation
4/6/2019 3,3 8.58 Weekly Average Exceeded
001 Effluent Nitrogen, Ammonia Total (as 4/13/20
N) - Concentration (C0610)
001 Effluent Nitrogen, Arnmonia Total (as 4/20/20
N) - Concentration (C0610)
0ti1 Effluent BOD, 5-flay (20 Deg. C)
Concentration (C0310)
4.01 Weekly Average Exceeded
6 Weekly Average Exceeded
019 15 17.38 Weekly Average Exceeded
:01 Effluent Nitrogen, Ammonia Total (as 4/27/2019
N) - Concentration (C0610)
9.47 Weekly Average Exceeded

Limit Exceedance Violation(s):
Sample
Location
Limit
Parameter Date Value
001 Effluent BOD, 5-Day (20 Deg, C) - 4/30/2019 10
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as
N) Concentration (C0610)
Reported
Value Type of Violation
13.6 Monthly Average Exceeded
4/30/2019 1,1 7.22
001 Effluent Solids, Total Suspended - 4/30/2019 30
Concentration (C0530)
Monthly Average Exceeded
34,47 Monthly Average Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-21,5.1 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 .C10 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 by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

rI
Name: Lona Creek WWTP
Report Period: April 20 i 9
DMR REVIEW RECORD
Mooresville Regional Office
Prior Assessments:
Permit ;Number: NC00?4 44
Enforcement Factor: L0©
Outfall # Outfall Description
ody Name
Waterbody
Classification
001 Effluent to Long Creek
;reek
Monthly Average Limit `'iolations
Sample Location: Outfall001 - Efl cent
Violation
Date
4/30/2019
Parameter
B0D, 5-Day (20 Deg. C) -
Concentrataon
4/30/2019 Nitrogen, Ammonia Total (as N) -
Concentration
4130/2019 Solids, Total Suspended --
Concentration
Unit of Lirnit Calculated % Over
Fre uency Measure Value Value Limit
5.X week mg/I 10 13.60 36.0
5 X week mg/I 1 10 7.20 556.0
5 X week mg/I
30
34.50
14.9
Weekly Average Limit Violations
Sample Location: Outfall 04l1 - Effluent
Violation
Date Parameter
4/2712019 BOO, 5-Day (20 Deg. C) -
Concentration
Unit of Limit Calculated % Over
requency Measure Value Value
5 X week mg/1 15 1740
159
Action
4/6/2019 Nitrogen, Ammonia Total (as N)
Concentration
41'13d2019 Nitrogen,Ammonia Total (as N) -
Concentration
5 X week iT1Ct/i 3 30 8.60 159.9
5 X week mg/I 3.30 4.60 39.8
4/20/2019 Nitrogen, Ammonia Total (as N
Concentration
4/27/2019 Nitrogen, Ammonia Totat (as N) -
Concentration
5 .X week mg/1 3.30 3, 90 17.1
5 X week mg/I 3 30 9.50 187.1
Page 1 of 5

Daily Limit Violations
Sample Location:
Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit
Action
4/17/2019 Chlorine, 'Total Residual 5 X week ug/I 18 22 22,2 No Action, BPJ
4/24/2019 Chlonne, Total Residual
5 X week ug/l 18 24 33.3 No Action, BPJ
4/29/2019 Chlorine, Total Residual
5 X week ug/V 18 19 5.6 No Action. BPJ
Other Violations/Staff. Remarks: M
Completed by:
Assistant Regional
Supervisor Sign -off:
Regional Supervisor
Sign -off:
Page 2 of 5
Date:
Date:
Date:

Prior 12- Montk Enforcemeut H istory
Permit Number: NC0024244
Report Period: April 2019
Limit Violation
Sample Location: Outran 001 - Effluent
Violation Report Violation
Date Period Parameter Type
NOD
NOV CPA
11117/2018 1'1-2018 Conform, Fecal ME, MFC
Broth, 44.5 C
Weekly Geometric
Mean Exceeded
NOD-2019-0[0010
11/30/2018 11-2018 Nitrogen, Ammonia, Total (as
N) - Concentration
Monthly Average NOD-20 V- 010
Exceeded
1/5/2019 1-2019 Nitrogen„Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1/1212019 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
1119/2019 1-2019 Nitrogen, Ammonia Total (as
N) Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1/26/2019 1-2019 BOD, 5-Day (20 Deg, C) -
Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1126/2019 1-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0187
1/26/2019 1-2019 Solids, Total Suspended -
Concentration
Weekly Average
Exceeded
NOV-2019 LV-0187
113112019 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
113112.019 1-2019 Solids, Total Suspended -
Concentration
Monthly Average
Exceeded
NOV-2019-LV-0187
12/1/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
1218/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
12115/2018 12-2018 Nitrogen, Ammonia Total (as
N1- Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
NOV-2019-LV-0102
1222/2018 12-2018 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0102
12/2912018 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 5

Limit Violation
Sample Location: Outfall 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-L -0292
2/28/2019 2-2019 ,Solids, Total Suspended -
Concentration
Monthly Average
Exceeded
NOV-2019-LV-0292
3/2312019 3-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019 LV-0332
3/30/2019 3-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Weekly Average
Exceeded
NOV-2019-LV-0332
3/31/2019 3-2019 Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
NOV-2019-LV-0332
3/31/2019 3-2019 Solids, Total Suspended -
Concentration
Monthly Average
Exceeded
NOV-2019- LV-0332
4/28/2018 4-2018 BOD, 5-Day (20 Deg. C) -
Concentration
Weekly Average
Exceeded
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
5/31/2018 5-2018 Nitrogen, Ammonia Tot
N) - Concentration
Monthly Average
Exceeded
NOV-2018 L V-0658
Other Violation
Sample Location:
Violation Report Violation
Date Period Paameter Type NOD NOV CPA
8/13/2018
Violation, detected
during inspection
NOV-2018 PC-0339
Page 4 of 5

on Rep rt
Period Parana
11 /2019
Violation
Type
Violation detected
during inspection
NOD
NOV CPA
NOV-2019-i-ii113d
/ 019
Violation detected
during inspection
119/2010
Violation detected
during inspection
NOV-201
NOV-gtilg PC-0

Certified Mail # 7017 2620 0000 6788 5740
Return Receipt Requested
June 12, 2019
Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECI : NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0397
Permit No. NC0024244
Long Creek WWTP
Stanly County
Dear Mr. Ferris:
A review of the April 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:.
Limit Exceedance Violation(sl:
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 4/6/2019 3.3 8.58 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 4/13/2019 .3 4.61 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 4/20/2019 3,3 3.86 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent BOD, 5-Day (20 Deg. C) - 4/27/2019 15 17.38 Weekly Average Exceeded
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as 4/27/2019 3.3 9.47 Weekly Average Exceeded
N) - Concentration (C0610)

Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 4/30/2019 10 13.6 Monthly Average Exceeded
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as 4/30/2019 1.1 7,22 Monthly Average Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended -
Concentration (C0530)
4/30/2019 30 34.47 Monthly Average Exceeded
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.
10.0
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,Among

If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller o
the Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
A14CC681 AF27425...
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

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESS:VIEN"1
Violator: City. of Albemarle
Facility Name: Long Creek WWTP
Permit Number: NC00124244
County: Stanlv
Case Number: LV-2920-0057
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to pri
property resulting from the violation; None
`ire°rnarrit lirrr '011S lams (11C perta ilMi 0;1 adversely iarrl rtct nr
2) The duration an gravity of the violation; a��- rloc
3) The effect on ground or surface water quantity or qua
4) The cost o
err, `tB'e,ateti effluent in cseess of permit linritratio
ing the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
However, the dischare erf trey rtctl cff'lue n
csrrta rees
n air quality; None documented.
6) Whether the violation was committed willfully or intentionally; Not suspected to
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 r° iol ations reported aaSO( ne e tikrtiorr 4tre e:rtrrcntly ti nge ing,
cost to the State of the enforcement procedures.
S115.76
2/5/2020
Date
DocuSigned by:
At 4CC68"IAF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
i)ivision of Water Resources, NCDEQ