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HomeMy WebLinkAboutNC0024244_Enforcement (LV-2020-0008)_20200306ROY COOPER Govrnor MICHAEL 5. REGAN Se(: raw' y S. DANIEL SMITH 011Tc:tor Certified Mail # 7017 2620 0000 6789 4919 Return Receipt Requested Michael J Ferris, City Manager City of Albemarle .P0 Box 190 Albemarle, NC 28002-0190 NORTH CAROLINA Environmental Quality 20 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1 6 and NPDES WW Permit No. NC0024244 City of Albemarle Long Creek WWTP Case No. LM-2020-0008 Stanly County Dear Mr. Ferris: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $8,865.76 ($8,750.00 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 May 2019..This review has shown the subject facility to be in. violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0024244. The violations, which occurred in May 2019, are summarized in Attachment A to this letter, Based upon the above fa.cts. I conclude as a matter of law that City of Albemarle violated the terms, conditions or requirements of N.PDES WW Perrnit No. NC0024244 and G.S. 143-21.5.1(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 he assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 1.43-21.5.1(a). rth r, DepLrtmi,r1 ,,,,,,00mtv.qi fqoast D:q1,2It' of '0,"stel.Pts.o4fo\e,o Wooffifk" Ilftfora Off* E:sol Cte Ste 3011 Poo No,lo Cg # 7i:44;63469S 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, I, W, Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of Albemarle: $2.500.00 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 Monthly Average for BOD, 5-Day (20 Deg. C) - Concentration 5 0 0 0 1 of1 violations of (IS. 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 75.00 3 of 3 violations ofG.S. 143-215,1(a)(6) and Permit No. NC0024244, by discharging waste water into the .waters of the State in violation oldie Permit Weekly Average for BOD, 5-Day (20 Deg. C) - Concentration. $1,250,00 2 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 $625.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC002,4244, by discharging waste water into the \raters of the State in violation of the Permit Weekly Geometric Mean for Coliform, Fecal .M1F,.,MFC Broth, 44.5 C $0.00 for 0 of the 1 failures to properly monitor Conductivity in violation of Permit No. NC0024244. $8,750.00 TOTAL MIL PENALTY $115.76 Enforcement Costs $8,865.76 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(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. 143.B-282.1(b), which are: (1) 1 he 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 o.n ground or surface water quantity 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 (8) The cost to the State of the enforcement procedures. Within thirty (3.0) 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 I: Submit payment of the penalty: Payment should be made directly to the order of the )artment of Environmental Quality (do not ine hide waiver jiff* Payment of the penalty will not foreclose further enforcernent action for any continuing or new violation(s). Please submit payment to the attention oE Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-161-7 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 foreclosesthe option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of 'Water Resources at the address listed 'below'. In determining Wh et her a remission request will be approved. the following factors shall be considered: (1) whether one or more of the civil penalt assessment Factors in NCGS 143B-282.1(b) was Wron Ott I 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 tbr 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 he submitted in writing. The Director of the Division of Water Resources will review your evidence and in lon» 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 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) 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 administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You "mist file the petition with the Office of Administrative Hearings kvithin 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 am, 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 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 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 Raleigh, NC 27699 671.4 Tel: (919) 431-3000 Fax: (919) 431-3100 One(l) copy of the petition mustalso be served on DEO 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 ofthis 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 be advised that additional penalties may he assessed for violations that occur after the review period of this assessment. lfy a have cony° cp.r st.ions, please contact Roberto Schell r with the Dhision of Regional r i"iice at (2S2) 946-6481 or via email at roberto,schellerta ,ncdenr.gov, A l I A "HMl'NTS Sincerely, DocuSi by: 4CC681AF27425,. Basinger, Regional Supervisor Laiity= Regional Operations Section MooresvilleRegional Office Division of Water Resources, NCDEQ r Resources sti t f the Moacr•esille WQS Mooresville Regional Office - Enforcement File NPI~yf , ( omulianee,'Enforcement Unit - oreen ent File Case Number: Assessed Party: Permit No.: JUSTIFICATION FOR REMISSION REQUEST LM-2020-0008 City of Albemarle NC0024244 Please use this firm when ing rem. Waiver of Right to an Aclrnintstrative Heart You should attach any documents that yot County: Stanly Amount Assessed: $8,865.76 ivil penalty. You must also complete the "Request For Ren1ss101'1, iipuiation of Facts" forma to request remission of this civil penalty. ve 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 attic civil penalty assessed. Requesting remproper 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. �r.S'. 1438-282.1(b) were wrongfully applied to the detriment of the petitioner (thee assessment, wtars arr Irsterl in flag civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation explain the steps that volt took to correct the violation and pr^event acre cc rrenee, ); (c) the violation was inadvertent or a result of an accident sorrrethin ]von c.ouaea° ru)1 prevent or prepare for): d) the violator brad not been assessed civil penalties for any previous violations; a4 (e) payment ofthe civil penalty will prevent payment for the remaining necessar;, remedial actions (i.e., explain hnwv payment of the civil i compliance); EXPLANATION: 71 prevent you trra peg frrr°rnln fhe activities necessary 10 achieve t„STATEtOF NOR7E11 CAROLINA.. COUNTY OF STA NIA 'THE M.A313FER OF ASSESSMEN3I OF,CINIT,•PENAL,'FIES',A•GATINST City of Albemarle Long Creek WWTP PItR,M1 F NO. NC0024244 „:.DEPARTMENT,OrENVIRONMENTALQI.J.,ALITY •• WAIVER OF RICIIT TO AN ADMINISTRATIVE HEARINF; ANI) STIPULATION OF FACTS CASE NO. LA4-2020-0008 Itt$, Having been assessed cl hermitic. 'hug $8,865.76 for virilation(s) as set forth in the assessment document of the Division of Water Resources dated f rua-$ 0,5 2020, the undersigned, desiring to seek l'emission of the civil penalty, does hereby waive the right to an administkafiCe hearing in the above-statted matter and does stipulate that the facts are as alleged in the assessment docutnent, The tmdersigned further understands that all evidence presented in support of remission of this eiv il pe aIt nust be slap - flitted to the Director of the Division of Water Resources within. thirty (30) days of receipt of the notice of assessment. No new evidence in stipport of a rentission request si1l be alloVved after t30) days from the receipt of the notice of assessment.. This the day of 20 Al3DRESS SIGNATtatikE PERMIT: NC0024244 FACILITY: Long Creek WWTP LIMIT VIOLATION(S) ATTACHMENT A City of Albemarle CASE NUMBER: LM-2020-0008 SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter REGION: Mooresville COUNTY: Stanly Unit of Limit Calculated % Over Violation Penalty Frequency Measure Value Value Limit Type Amount 5/11/2019 5-2019 BOD, 5-Day (20 Deg, 5 X week mg/I 15 24 84 65 6 Weekly C) - Concentration Average Exceeded 5/18/2019 5-2019 BOD, 5-Day (20 Deg. 5 X week mgil 15 30 12 100.8 Weekly C) - Concentration Average Exceeded $625 00 $625.00 5/25/2019 5-2019 BOD, 5-Day (20 Deg 5 X week mg/I 15 21 26 41 7 Weekly C) - Concentration Average Exceeded 5/31/2019 5-2019 BOD, 5-Day (20 Deg. 5 X week mg/ i 10 22 66 126 Monthly C1- Concentration Average Exceeded 5/18/2019 5-2019 Conform, Fecal MF, MFC Broth, 44.5 C 5 X week #1100m1 400 1,524 51 281 1 $625.00 $2,500 00 Weekly Geometric Mean Exceeded 5/4/2019 5-2019 Nitrogen, Ammonia 5 X week mg/I 3,30 10,8 227,2 Weekly Total (as N) - Average Concentration Exceeded $625.00 $625.00 5/11/2019 5-2019 Nitrogen, Ammonia 5 X week mg/I 3 30 6.59 99.6 Weekly $625.00 Total (as N) - Average Concentration Exceeded 5/31/2019 5-2019 Nitrogen, Ammonia 5 X week mg/I 1,10 3.8 245,3 Monthly $2,500.00 Total (as N). - Average Concentration Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION; Outfall 001 - Effluent Violation Report Date Month/Yr Parameter 5/18/2019 5-2019 Conductivity Frequency Measure Value Value Limit Unit of Limit Calculated % Over Violation Penalty Type Amount X week umhoslcm Frequency $0,00 Violation Certified Mail # 7016 1370 0000 2592 0652 Return Receipt Requested July 23, 2019 Michael Ferris, City Manager City of Albemarle PO Box 190 Albemarle, NC 28002-0190 SUBJEL I : NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LM-0054 Permit No. NC0024244 Long Creek WWTP Stanly County Dear Mr, Ferris: A review of the May 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limt Exceedance iolation Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 5/4/2019 3.3 10.8 Weekly Average Exceeded N) - Concentration (C0610) 001 Effluent BOD, 5-Day (20 Deg, C) - Concentration (C0310) 5/11/2019 15 24.84 Weekly Average Exceeded 001 Effluent Nitrogen, Ammonia Total (as 5/11/2019 N) - Concentration (C0610) 001 Effluent 3.3 6.59 Weekly Average Exceeded BOD, 5-Day (20 Deg. C) - 5/18/2019 Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 5/18/2019 44.5 C (31616) 15 30.12 Weekly Average Exceeded 400 1,524.51 Weekly Geometric Mean Exceeded itExcmedamce Vholation[ml Sample Location Parameter 001 Effluent Limit Reported Date Value Value Type of Violation 80D, 5'0ay(20 Deg. [ Concentration (C0310) 5/25/2019 15 71.26 Weekly Average Exceeded Concentration (C0310) 00I Effluent Nitrogen Ammonia Total (as N) Concentration ([D61O) Monitoring Viwlation(s): Sample Location Parameter 001 Effluent Conductivity (0094) /2019 10 23,66 Monthly Average Exceeded 5/31/2019 Ll 3.8 Monthly Average Exceeded 8/20 Monitoring Frequency Type of Violation 5 X week Frequency Violation A Notice 0fVioloti0n/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 NPDESVVVV Permit. Pursuant tOG.5. 143'21S.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-Zl5.l. If you wish to provide additional information regarding the noted violation, request technical assistance or discuss overall compliance please respond in vvhdng 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 Repmrt/s\. You will them be notified of any civil penalties that may be assessed regarding the violations. If no response isreceived inthis Office within the 10-day period, acivil penalty assessment may be Azrnedio| 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 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 CQmjhiom 0 in Section E LhePennU1ee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge ofany non-compliance at the facility including Umitv�u|ahwns, bypasses of, or failure of treatment unit. Awritten 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 ti F 161 .:1-369A201.34A3 for 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 Laserfiche Facility Name: Fong. Creek \k WTP Report Period: MAN, 2019 liil TR REVIEW RECORD) Mooresville Regional Office Prior Assess I5 Permit u ber: Ct➢t➢2424 Enforcement Factor: 1.00 OutfalI # Duda ll Description Waterbody Name Waterbody Classification Effluent to Long Creek Long Creek Monthly Average Limit Violations Sample Location: Duda!! 00 - Violation Date 5/31/2019 BOD, 5-Day (20 Deg. C) - Concentration Parameter Unit of Limit Calculated % Over Frequency Measure Value Value Limit 5 X week mgll 1€i 22.70 126.6 5/3112019 Nitrogen, Ammonia Total (as N) - Concentration 5 X week mg/I 1.10 3.80 245.3 Weekly Average Limit Violations Sample Location: Outfall 001 - Eftiue Violation Date 5/11/2019 a BOD, 5-Day (20 Deg_ C) Concentration Unit of Limit Calculated % Over Frequency Measure Value Value Limit 5 X week mgtl 15 24,80 65.6 Action 019 BOD, 5-Day (20 Deg. C) - Concentration 5 X week 15 30.10 100-8 5/2512019 BOD, 5-Day (20 Deg C) - C©ncentration 5 X week mg/1 15 21.30 41.7 5/18/2019 Conform, Fecal M 44.5 C t,, 5 X week 5/4/2019 Nitrogen, Ammonia Total (as N) - Concentratton 400 1524-50 281.1 5 X week mg/1 3,30 10.80 227.2 5611/2019 Nitrogen, Ammonia Total (as N) Concentration 5 X week mg/I 3.30 6,60 996 Page 1 of 6 Daily Limit Violations Sample Location: Violation Date Parameter OutfaI1001 - Effluent Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 5/2/2019 Chlorine, Total Residual 5 X week ugil 18 26 44 4 No Action, BPJ 5f6/2019 Chlorine, Total Residual 5 X week ugil 18 25 38.9 No Action; BPJ 5/7/2019 Chlorine, Total Residual 5 X week ugll 18 34 88.9 No Action, BPJ 5/8/2019 Chlorine, Total Residual 5 X week ugll 18 37 105.6 No Action, BPJ 5/9/2'019 Chlorine, Total Residual 5 X week ugll '18 25 38,9 No Action, BPJ 5/10/2019 Chlorine, Total Residual 5 X week ugll 18 20 11.1 No Action, BPJ 5/13/2019 Chlonne, Total Residual 5 X week ug/I 18 26 44.4 No Action, BPJ 5/14/2019 Chlorine, Total Residual 5 X week ugll 18 22 22,2 No Action, BPJ 5/15/2019 Chlorine, Total Residual 5 X week ug/I 18 23 27.8 No Action, BPJ 5/16/2019 Chlonne, Total Residual 5 X week ug/I 18 28 55.6 No Action, BPJ 5/17/2019 Chlorine, Total Resrdu,al 5 X week ug/t 18 22 22.2 No Action, BPJ 5,/20/2019 Chlorine, Total Residual 5 X week ug/€ 18 43 138,9 No Action. BPJ 5/21/2019 Chlorine, Total Residual 5 X. week ug/I 18 31 72.2 No Action; BPJ 5/22/2019 Chlorine Total Residual 5 X week ug/I 18 26 44.4 No Action, BPJ 5/23/2019 Chlorine, Total Residual 5 X week ug/I 18 38 111.1 No Action, BPJ 5/24/2019 Chlorine, 'Total Residual 5/29/2019 Chlorine, Total Residual 5 X week ug/I 18 22 22.2 No Action, BPJ 5 X week ugil 18 25 38.9 No Action, BPJ 5130/2019 Chlorine, Total Residual 5 X week ug/I 18 20 '11.1 No Action, BPJ 2019 Chlorine, Total Residual 5 X week uglt 18 23 27.8 No Action, BPJ iblonitoring Frequency Violations Sample Location: Outfall 001 - Effluent Violation Date Parameter Unit of Frequency Measure Action 5/18/2019 Conductivity 5 X week urnhos/cm Page 2 of 6 o St ff Remarks: ape spar Re a Completed by: Sne� 7t Regional or Sign -off: Regioal Superviso Sign -off: Date; ate° D e: Page Prior 1onth EnforcetNaentHistory Permit Number: 'NC0024244 Report Period: y 2019 Limit Violation Sample Location: Outran 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 11/17/2018 11-2018 Colif'orm, Fecal MF, MF'C Broth, 44..5 C Weekly Geometric Mean Exceeded NOD-2019-LV-0010 11130/2018 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 1119f2019 1-2019 BOIO, 5-Day (20 Deg, C) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1119/2 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1126/2019 1-2019 BOO. 5-Day (20 Deg, C) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1126/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration ekty Average Exceeded NOV-2019-LV-0187 1126/2019 1-2019 Solids, Total Suspended - Concentration Weekly Average Exceeded NOV-2019-LV-tt187 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 12/1/2018 12-2018 Nitrogen, Ammonia Total (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 12/15.2t718 12-2018 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0102 12/22/2018 12-2018 Nitrogen, Ammonia Total (as N) -Concentration Weekly Average Exceeded NCO-2019-LV-0102 12/2.9/2018 12-2018 Nitrogen, Ammonia Totat (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0102 12131/20118 12-2018 Nitrogen, Ammonia'Total (as N) - Concentration Monthly Average Exceeded NOV-2019-LV-0102 Page 4 of 6 it Violation Sample Location: Violation Report Date Outlet' 001 - Effluent Period Parameter 2/2/2019 2-2019 Nitrogen, Ammonia Total (as N) - Concentration Violation Type Weekly Average Exceeded NOD NOV 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 Weekly Average N) - Concentration Exceeded NOV-2019-LV-0292 2/23/2019 2-2019 Nitrogen, Ammonia. Total (as N) - Concentration Weekly Average Exceeded 2123/2019 2-2019 Solids, Total Suspended • Concentration Weekly Average Exceeded NOV-2019-LV-0292 NOV-2019-LV-0292 2/2'8/2019 2-2019 Nitrogen, Ammonia Total (as N) Concentration Monthly Average Exceeded NOV-2019-LV-0292 2/28/2019 2-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2019-LV-0292 3/23/2019 3-2019 Nitrogen, Ammon a 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 3/3112019 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 .4/6/2019 4-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0397 4/13/2019 4-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0397 4/20/2019 4-20'19 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0397 4/2'7/2019 4-2019 BOD. 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LV-0397 4/27/2019 4-2019 Nitrogen, Ammonia Total (as N Concentration Weekly Average Exceeded NOV-2019-LV-0397 4/30/2019 4-2019 BOD, 5-Day (20 Deg. C) - Concentration Monthty Average Exceeded NOV-2019-LV-0397 4/30/2019 4-2019 Nitrogen, Ammonia Iotat (as Monthly Average N) Concentration Exceeded NOV-2019-LV-0397 4/30/2019 4-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2019-LV-0397 5/12/2018 5-2018 Nitrogen, Ammonia Total N) - Concentration Weekly Average Exceeded NOV-2018-LV-0658 Page 5 of 6 it Viol on nph ocation astf Il i1 9 - Effluent, Violation Report Date Period Parameter Violation Type NOD NOV CPA 5/31/2016 5-2018 Nitrogen, Ammonia Total (a N) - Concentration rathiy Average: Exceeded NOV-2018-L V-0i658 Other icalatn Sample Location Violation Report Date PeriodPar Violation Type NOD NOV CPA 8t113121 18 Violation detected during rnspectaon NOV-2018-P -033 21 Violation detected during inspection 21 201 Violation detected during inspection NOV-2019-PC0188 iOV-201 -P - 88 2119/20/9 Violation detected during inspection NOV-201g-PC-0188 Page 6 16 DIVISION OF WATER RESOURCES - CIVILCIViL PENALTY ASSESSMENT Violator: City of Albemarle .Facility Name: Long Creek WWTP Permit Number; NO1424244 County: Stanly Case Number: LN -21)20-0008 ASSESSMENT FACTORS I) 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 or permit limitations has the potential to athel-Sel:!r' itti pact 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,. However.hL discharge of treated efflnent in excess Of permit limitations has .the potential to adversely impact surface waters. 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or nally; Not suspected to he s ijRul or intentional,. 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 Vrior violations reported and addressed. St)( negotiations are currently ongoing. 8) The cost to the State f the enforcement procedures. 2 /MO Date DocuSigned by: A14CC681 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ