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HomeMy WebLinkAboutNC0024244_Enforcement (LV-2020-0062)_20200306ROY COOPER Cover -not MICHAEL S. R.EGAN SrcreNrry S. DANIEL SMITH OrrH-or 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: NORTH CARQUNA Environmental Quality Fehruary'0..2020 Notice of Violation and Assessment, of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1,(a)(.. and NPDES WW Permit No. NC0024244 City of Albemarle Long Creek WWTP Case No. 1.V-202,0-0062 Stant), County This letter transmits a Notice of Violation and assessment of civil penalty in the antount of $9,490.76 ($9,375.00 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 ofJune 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 June 2019, are .summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law that City of Albemarle violated the terms, conditions or requirernent.s 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 he assessed against any person who violates the terms, conditions or requirements of a permit required by G,S. I43-215.1(a). tick 1 h Otw4qtog,ftof E wto nti 1 D' s fWittie 44,..soi; rows Woo r* sv' Ros.ofW Off C,,f €10 t*CieAf*noe. Ie 301 Woo rimy., Non f Co To If* .2S 44,4 '..o.O4 46 -16SO Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Envirorunental 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 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 oldie. State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg. C) - Concentration, $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 Nitrogen., Ammonia Total (as N) - Concentration 0.00 4 of 4 violations of G.S. 143-.21,5.1(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 $625.00 lot 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 Nitrogen, Ammonia. Total (as N) - Concentration $1,250.00 $9,375.00 $115.76 9 490.76 .2 of 2 violations of GS, 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 Geometric Mean for Coliform, Fecal ME, MFC Broth, 44.5 C TOTAL CIVIL PENALTY linforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty° 1 have taken into account the Eindings of Fact and Conclusions of Law and the factors set forth at G.S. 1.43B-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 gravityof 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 Enironmcnia Management 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 o (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 1: Submit paymentof the penalty: 'the foll wing Payment should be made directly to the order of the Department of Environmental Quality ?wt. include -waiver ortiiL 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 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 free 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 penaltyassessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why yOU believe the civil penalty should be remitted, and 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-282.1(b) was wrongfulk applied to the detriment of the petitioner; (2) Whether the violator promptly abated continuing environmental damage resulting 'from the violation; (3) wh.ether the violation was inadvertent or a result of an accident; (4) kvh.ether 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 or 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 paytnent, and provision for .fiirther 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 andsubmit 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 tbilowing address: Vklastewater Branch Division of Water Resources 1617 „Mail Service ('enter Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearini with the Office of Administrative Hearings: If you wish to contest: any statement in the attached assessment document you must tile 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 filed 1,,,ben it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearingsaccepts 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 he 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 tiling 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 Ad.ministrative Hearings with all questions regarding the filing fee and/or the details of the ling process. The mailing address and telephone and fax numbers for the Office of Administrative flearings are as follows: 6714 Mail Service Center Raleigh, NC 2769.9 6714 Tel (919) 431-3000 Fax: (919) 431-3 E00 One copy of the petition must also be served on DEQ as follows: Mr, William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as 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 It you have any questions, please contact Roberto Scheller with the 1. ivi ion of Water Resources staff of the 1'vlooresville Regional Of ce at {252) £- 4 1 orvia email at roberfoischeller cr ncdenr. ov ATTC f ENTS Sincerely; Docu gned by: Al 41A .,. Corey Basinger, Regional Supervisor ater Quality Regional Operations Section ooresville Regional Office Division of Water Resources, NC DE Cc: WQS Mooresville Regional Office - Enforeement File NPDES ComplianceEnforcement Unit - Enforcement e Case Number. Assessed Party: Permit No.: JUSTIFICATION FOR RLi IISSION RE ULST LV-2020-0062 City of Albetnarl NC0024244 County: Stanley Amount Assessed: $9,490.76 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of -Right to an Administrative Hearing, and Stipulcrti rz of Facts" form to request remission of this civil penalty. You should attach any documents that you. believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the tactual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C,G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner /(he assessment facltars ere listed in the civil penalty° assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (l,e., explain the steps tlarat yraar tcauk to correct the violation and prevent /iitur r.rc-c'es): (c) the violation was inadvertent or a result of an accident (i.e., explain something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties forr any previous violations; vas unavoidable or payment of tilt_ civil penalty will prevent payment for the remaining necessary remedial actions (i.c., explain payment o/ the civil penalty r<<°rill prevent you ,fr can pelf -brining the aCtivr.`ties necessary i0 achieve EXPLANATION: FATE OF O1111-1 CAROLINA COUNTY OF STA LY IN 'I'HE MATTER OF AS L SSMEN1 OF CIVII, PENALlFIES AGAINST City of Album eek WWTP RMI 1 NO, N('0024244 °lag been assesed ciexi1 pC Diva on of Water Resources da hereby waive the right ton adn alleged in the assessment document DEPA EN"I" OF ENVI .ONMENTAL. Qt. Al ITY WAIVER OF RIGHT 1'O AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS S CASE NO. 90,76 for \ o1atitan( ) as se bruary 05, ii20„ the undersigned, desi I?tive hearing in the above -stated m `. The undersigned ftartlrer,ttnderstands t LV- O2FM-Fl062 rctnission of this civil penalty rnnst be submitted to the 1 ireetrtr caf the. Division ot pt caf the notier of assessment. No net, vidence in support t-tf a remission from the receipt of the notc°e crf assessment. ent document of the sion of the civil penalty, does pulatc that the facts are as e. presented in support of Resources within thirty (30) days owed after (30) days the day of ADDRESS S1GNA fi..lF RE EPI ION F ATTACHMENT A City of Albemarle CASE NUMBER: LV-2020-0062 PERMIT: NC0024244 FACILITY: Long Creek WWTP REGION: Mooresville COUNTY: Stanly LIMIT VIOLATION(S) 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 /1/2019 6-2019 BOD, 5-Day (20 Deg. C) - Concentration 5 X week mg/I 15 18.85 25.7 Weekly Average Exceeded $625.00 6/8/2019 6-2019 BOD. 5-Day (20 Deg. 5 X week mg/I 15 26.18 74.5 Weekly C) - Concentration Average Exceeded $625.00 6/15/2019 6-2019 BOD, 5-Day (20 Deg. 5 X week mg/I 15 22.94 52.9 Weekly C) - Concentration Average Exceeded $625.00 6/22/2019 6-2019 BOD, 5-Day (20 Deg. 5 X week mg/I 15 21,6 44.0 Weekly C) - Concentration Average Exceeded $625.00 6/30/2019 6-2019 BOD, 5-Day (2.0 Deg. 5 X week mg/I 10 20.26 102.6 Monthly $2,500.00 C) - Concentration Average Exceeded 6/1/2019 6-2019 Coliform, Fecal MF, 5 X week #/100m1 400 505.76 26.4 Weekly MFC Broth, 44.5 C Geometric Mean Exceeded $625.00 6/15/2019 6-2019 Coliform, Fecal MF, MFC Broth, 44.5 C 5 X week #/100m I 400 846 75 111 7 Weekly Geometric Mean Exceeded $625.00 6/8/2019 6-2019 Nitrogen, Ammonia 5 X week mg/I 3.30 5.44 64.9 Weekly Total (as N) - Average Concentration Exceeded $625.00 6/30/2019 6-2019 Nitrogen, Ammonia 5 X week mg/I 1,10 1,71 55,2 Monthly $2,500.00 Total (as N) - Average Concentration Exceeded Certified Mail # 7016 1370 0000 2592 0713 Return Receipt Requested August 6, 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: N0V-2.019-LV-0570 Permit No. NC0024244 Long Creek. WWTP Stanly County Dear Mrs Ferris: A review of the June 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Li t Exceedance Violation(s): Sample Location Parameter Date Limit Reported Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/1/2019 Concentration (C0310) 15 18.85 Weekly Average Exceeded Effluent Coliform, Fecal MF, MFC Broth, 6/1/2019 400 44.5 C (31616) D01 Effluent BOD, 5-Day (20 Deg C) Concentration (C0310) 9 505,76 Weekly Geometric Mean Exceeded 26.18 Weekly Average Exceeded DD1 Effluent Nitrogen, Ammonia Total (as 6/8/2019 N) - Concentration (C0610) 3.3 5.44 Weekly Average Exceeded Effluent BOD, 5-Day (20 Deg. C) - 6/15/2019 Concentration (C0310) 22.94 eekly Average Exceeded Limmit.ExceedanaaViolation(a): Sample Location Parameter Date Limit Reported Value Value Type of Violation 001 Effluent [o||fnnn, Fecal MF, MF[Bmth, 6/15/2019 400 84675 Weekly Geometric Mean Exceeded 44-5C(31616) Concentration (C0310), 001Effluent SOD, 5'Day(70Deg, C) 6/30/2019 [onoentnsbnn([03lO) 15 21.6 Weekly Average Exceeded 10 20.26 Monthly Average Exceeded 001 Effluent Nitrogen, Ammonia Total (an 6/30/2019 1.1 N) [oncentrabon(O061O) 1.71 Monthly Average Exceeded A Notice ofNobtion/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.5.) 143-215.1 and the facility's NPDES VV\N Permit. Pursuant to G.S. I43-215.6A, a dv| penalty of not more than twenty-five thousand dollars (g25,000.00) may be assessed against any person who violates nr fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.5. l4J-Z15-1. 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~dayperiod, �a civil penalty assessment may be prepared. Remedial actions should have already been taken tocorrect 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 mmlnUsndnos problems, and you anticipate remedial construction activities, then you may wish to consider applying for Special Order by Consent. Reminder: Pursuant to Permit Condition 6jn Section E, the Pemnittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due tn 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, ©ocuSigned by: A14CC681AF27425w.. 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 EMIR REVIEW RECORD Mooresville Regional Office Facility Name: Long Creek WWTP Permit Number: NC0024244 Report Period: June 2019 Prior Assessments: 0 Enforcement Factor: 1.00 Outten # Outfall Description Waterbody Name Waterbody Classification 001 Effluent to Long Creek Long Creek Monthly Average Limit Violations Sample Location: Outfall 001 - Effluent Violation te Parameter 6/30/2019 BOD, 5-Day (20 Deg C) - Concentration Unit of Limit Calculated Over Frequency Measure Value Value Limit 5 X week mg/I 10 20 30 102.6 Action r 6/30/2019 Nitrogen, Ammonia Total (as N Concentration Weekly Average Limit Violations 5 X weel 1.'10 1.70 55 2 Sample Location: Outfall 001 - Effluent Violation Date Parameter 61112019 BOD, 5-Day (20 Deg C) - Concentration Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 5 X week mg/I 15 18 90 25 7 5/8/2019 BOD, 5-Day (20 Deg, C) Concentration 6/15/2019 BOD, 5-Day (20 Deg, C) - Concentration 6/2212019 BOD, 5-Day (20 Deg C) - Concentration 611/2019 Conform, Fecal MF, MFC Broth, 44,5 C 6115/2019 Conform, Fecal MF, MFC Broth, 44 5 C 2019 Nitrogen, Ammonia Total (as N) - Concentration 5 X week mg/1 15 26 20 74 5 5 X week mg/1 15 22 90 52 9 5 X week mg/1 15 21,60 44.0 5 X week #/100m1 400 505,80 26.4 5 X week #/100m1 400 846 80 111 7 5 X week mg/1 3 30 5 40 64 9 C Of' Page 1 of 6 5 X week ug/I 18 36 100.0 No Action, BPJ Daily Limit Violations Sample Location: Outfall Ohl - Effluent Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit Action 6/3/2019 Chlorine, Total Residual 5 X week ug/t 18 23 27,8 No Action, BPJ 6/4/2019 Chlorine, Total Residual 5 X week ug/t 18 34 88.9 No Action, BPJ 6/7/2019 Chlorine, Total Residual 5 X week ug/I 18 27 50.0 No Action. BPJ 6/10/2019 Chlorine, Total Residual 5 X week ug/I 18 21 16.7 No Action, BPJ 6/11/2019 Chlorine, Total Residual 5 X week ug/I 18 22 22,2 No Action, BPJ 6/12/2019 Chlorine, Total Residual 5 X week ug/I 18 25 38.9 No Action, BPJ 6/13/2019 Chlonne, Total Residual 5 X week ug./1 18 26 44.4 No Action, BPJ 6/14/2019 Chlonne, Total Residual 5 X week ug/I 18 28 55.6 No Action, BPJ 6/17/20'19 Chlorine, Total Residual 5 X week ug/I 18 23 27.8 No Action, BPJ 6/21/2019 Chlorine, Total Residual 5 X week ug/I 18 24 33.3 No Action, BPJ 6/24/2019 Chlorine, Total Residual 5 X week ug/l 18 31 72.2 No Action, BPJ 6/25/2019 Chlorine, Total Residual 5 X week 18 34 88.9 No Action, BPJ 6/26/2.019 Chlorine, Total Residual 5 X week ug/I 18 47 161 1 No Action. BPJ 6/27/2.019 Chlorine, Total Residual 5 X week ug/I 18 25 38.9 No Action BPJ 6/28/2019 Chlorine, Total Residual Other Violations/Staff Remarks: Supervisor Remarks: itm Page 2 of 6 pleted Assistant Reg l Supervisor kg ( kSupervi #r Sign -off: Date: DDate: m .......... Page 3 6 Prior 12-Month Enforcement History Permit Number: NC0024244 Report Period: June 2019 Limit Violation Sample Location: Outfall 001 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 11/17/2018 11-2018 Coliform, Fecal MF, MFC Broth, 44.5 C Weekly Geometnc Mean Exceeded NOD-2019-LV-0010 11130/2018 11-2018 Nitrogen, Ammonia Total (as N) - Concentration 1/5/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Monthly Average Exceeded NOD-2019-LV-0010 Weekly Average Exceeded NOV-2019-LV-0187 1112/2019 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 1/26/2019 1-2019 BOO, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/26/2019 1-2019 Nitrogen, Ammonia Tota 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 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 2018 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 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 4 of 6 Limit Violation Sample Location: Outtatl001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 2/2/2019 2-2019 Nitrogen, Ammonia Total (as N) Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/912 2-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0292 2/1672019 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 2.12812019 2-2019 Nitrogen, Ammonia Total ('as N) - Concentration Monthly Average Exceeded NOV-2019-LV-0292 2/28/2019 2-2019 Solids, Total Suspended - Concentratiion Monthly Average NOV-2019-LV-0292 Exceeded 3/23/2019 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 4/6/2019 4-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 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 4-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0397 4/27/2019 4-2019 SOC, -Day (20 Deg, C) - Concentration Weekly Average Exceeded NOV-2019-LV-0 97 4127/2019 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. 0) - Concentration Monthly Average Exceeded NOV-2019-LV-0397 4/30/2019 4-2019 4/30/2019 4-2019 Nitrogen, Ammonia Total (as N) - Concentration Solids, Total Suspended - Concentration Monthly Average Exceeded Monthly Average Exceeded NOV-2019-LV-0397 NOV-2019-LV-0397 5/4/2.019 5-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-L M-0054 Page 5 of 6 Limit Violation Sample Location: Duffel) 001 - Effluent Violation Report Date Period Para ter Violation Type NOD NOV CPA 5/11/2019 5-2019 POD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LM-0054 5/11/2019 5-2019 Nitrogen, .Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LM-0054 201`9 5-2019 BOD_ 5-Day (20 Deg. C) - Weekly Average Concentration Exceeded NOV-2019-LM-0054 8/2019 5-2019 Conform, Fecal MF, MFG Broth, 44.5 C Weekly Geometric Mean Exceeded NOV-2019-LM-0054 5/25/2019 5-2019 BO©, 5-Day (20 Deg_ C) - oncentration Weekly Average Exceeded NOV-2019-LM-005r4 5/31/2019 5-2019 8OD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2019-LM-0054 5-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded NOV-2019-LM-0054 Monitoring Violation Sample Location: Outfan 001 Efflu Violation Report Date Period Parameter 5/18/2019 5-2019 Conductivity Violation Type Frequency Violation NOD NOV NOV-2019-Ltv1-0054 CPA Other Violation Sample Locati Violation Report Violation Date Period Parameter Type NOD NOV CPA. 8/13/2018 Violation detected during inspection NOV-2018-PC-0339 2/19/2019 Violation detected during inspection NOV-2019-PC-0188 2119/2019 Violation detected during inspection NOV-2019-PC-0188 2/19/2019 Violation detected during inspection NOV-2019-PC-0188 Page 6 of 6 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Albemarle Facility Name: Long Creek WWTP Permit Number: NC0024244 County: Stanly Case Number: LV-2020-0062 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 permi.t limitations has the potential to adversely impact natural resources. 2) The duration and gravity of the violation; As doeturiented in Attached A 3)The effect on ground or surface water quantity or quality or on air quality; None documente(* llowever, the, tlischa rge tit" treated effluent in eNeess of permit limitations has the potential to adversely impitet surface waters. 4) The cost of rectifying the damage;1.nknown 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; Not suspector 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 l'rior violations reported and addressett SO( negotiations a re currently ongoing, 8) The cost to the State of the enforcement procedures. $115.76 2/5/2020 Date A14CC681AF27425. W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ