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NC0024244_Enforcement (LV-2020-0056)_20200306
ROY COOPER COOril-eff MICHAEL S. REGAN seetetary S. DANIEL SMITH ree UV' Certified Mail # 701.7 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 CAROUNA Environmental Quality :1;1>Cee7- ,„„/ February 05, 2020 Notice of Violation and Assessment of Civil .Penalty for Violations of North Carolina General Statute (G,S,) 143-215, and NPDES WW Permit No, NC0024244 City of Albemarle Long Creek VVVVIP Case No. EV-2020-0056 Stanly County a This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,615.76 ($4,500.00 civil penalty 4- $115.76 enforcement costs) against City of Albemarle, 'Ihis assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DM R) submitted by City of Albemarle for the month of October 2019, This review has shown the subject facility to be in 'violation of the discharge limitations andlor monitoring requirernents found in NPDES WW Permit No, NC0024244, The violations, which occurred in October 2019, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of A lbem.arie violated the terms, conditions or requirements of NPDES WW Permit 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. 143-2 15,6.A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirernents of a permit required by G.S. 143-215,1(a), NVr Depa.tme t Of t, 1r er,t*: qv*,1,,,,t D fW3t ,e's NooP.eSV-Rgonz Off ve. 310 Es, Centel Ni*, S.4 1e 301 Moesv . Nene Cie:, ea, al et 7:AeSE,34€99 Based upon the above findings of fact and conclusions of 1.a1V, and in accordance with authority provided by the Secretary (tithe 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: $3 000.00 I 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-Dav (20 Deg. C) - Concentration $750.00 1 of 1 violations of (IS,. 14.3-215,1(a)(6) and Permit Ni. 'NC0024244, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD, 5-Dav (20 Deg. C) - Concentration $0,00 0 of I violations of (.11.S. 14:3-215,I(a)(6) and Pen it No. NC0024244, by discharging waste water into the waters of the State in violation of the Pen -nit Weekly Average for Nitrogen, Ammo* Total (as N) - Concentration $750.00 1 of 1 violations of G.S. 143-215,1(a)(6) and Permit Nov N0)024244, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for Coliform, Fecal MF, MFC Broth, 44..5, C $4,500.00 $1 15,76 $4,615.76 TOTAL, CIVIL PENALTY Enforcement 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 Findings of Fact and Conclusions of I„,aw and the factors set forth at G.S. 143E3-282.1(h), which are: ( 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; (2) The duration and gravity of the violation; (3) l'he 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 hy 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 (30) days of receipt of this notice,. you must do one of the following: (1) Submitpayment of the penalty, OR (2) Submit a Written request 'for remission,. OR (3) Submit a Written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver Ibrm)„ Payment of the penalty will not foreclose further entbrcement 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 viTitten request for remission or mitigation including a detailed justification for such request: Please he aware that a request for remission is limited to consideration ofthe 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 remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will he approved, the l'bilowing factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-2811(b) W as wrongfully applied. to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) ‘vhether the violation W as ina.dvertent 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 ac-f.ms. Please note that al t evidence presented in support of your requestfor remission most be submitted in writing 'Me 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 Penalty Remissions (Committee), Please he 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 1s'upport 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. TheDion Water Resources also requests that yOU complete and submit the enclosed "Justification for •Zemission 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 petilion for an administrativehearing *th the Office of Administrative tlearings:„. 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 filed when it is received in the Office of Administrative Hearings during normal office hours. 'The Office of .Administrative Hearings accepts filings Monday through .Eriday 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 tiling fee (ir a filing, fee is required by NCCIS §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 questions regarding the lijinc, feeandlor the details of the 'filing process. 'Ihe mailing address and telephone and fax numbers for the Office of .Administrative Hearings are as follows: 6714 Mali Service Center Raleigh, NC 27699 6714 Tel: (919) 43.1-3000 Fax (919) 431-3100 One copy of the petition must also be served on DLQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1.601 Mail Service Center R.aleigh, North Carolina 27699-1.601 Please indicate e 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 be advised that additional penalties may he assessed for violations that occur after the review- period of this assessment, you have rn grew Regional Office at (2 Al (11 EN`1"S P� ) 946-64 aonlact Roberto or viat Since e l ivision of ater Resat) aff t e Ioor svifi denr.v DoeuSigned by: At4CC681AF27425.;. Corey Basinger, Regional wipe tter;QuaalityRegional Operations Sect oore wills Regional Office vi ion of Water Resources, N DE VisQS Mooresville t egional Office NPI)Et cat pli ar c l a�lt re detriment of the petit JUSTIFICATION FOR REMISSION REQUEST Case Number: F:V-2020-0056 Assessed Party: City of Albemarle Permit No.: NC0024244 County: Stanly Amount Assessed: $4,615.76 .rse this form when requesting remission ofthi civil penalty. You must also complete the "RegrFor Rcrrriv,vdcrrr, of Right to r s4c r tarrf rati"ire Hearing, and Stipulation raj as'", form to request remission of this civil penalty.. You she tad 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 factual statements contained in the civil penalty assessment document. Pursuant to N.C.G_S. § 143B-282.1(c), remission ofacivil 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). one or more of the civil penalty assessment factors in N.C.G.S. I43B-282.1(b) were wrongfully applied to the the violation (l.e_, explain the er ttlrcz ct,re,,sirrertt lrr°tcar,w Iiatc.�ct" ir1 the civil penalty assessment ciocurn (b) the violator promptly abated continuing environmental damage resulting gips' that volt took to correct the violation and prevent c€ violation was itna dvertent or a result of an accident �r prepare „tOrt (d) the violator had not (e) paymen' how parmela cornph'rtnc e) EXPLANATION: 'the e lrc c'ii' ee assessed civil penalties enalty w will prevent _y%o raa'hv the v ` any previous violations; -)klahler or STATE OF NOR'TH CAROLINA DEPARTMENT OF ENVIRONMENTAI QUALITY Cf4FINTY OF STANit IN 1)11 M \T1 1 R 01ASSESSMENtlf (IF CR), of Albemarle Long Creek WWTP PERMITNO„ N(0021244 WAIVER OF RIGHT TO AN ADMINISTRATIVE BEARING AND STIPULATION OF FACTS CASE NO. IV-2020-0056 Flaying been assessed civil penalties tjgk; tt, 4 615.76 for violation(s) as set 'forth in the assessment document of the Division of Water Resources datedvfthruary ollt 2020, the imdersi Toed:desiring to seek remission of the ii penalty does hereby Waive the right to an adinitritatfativo-hblaring in the abovesslta6ted mOter and does, stipulate that the facts are as alleged in the assessment document, l'he undersigned further tinderstands that alt evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of '331ater Resources within thirty (30) days of receipt of the notate tat assessment, No new evidence in support of a remission request Will be allowed after (30) drays from the receipt of the ntRice of assessinent. This the das of 20_ ADDRESN SIGNA TITRE T;ELE;:l.PHONE PERMIT. NC0024244 FACILITY: Long Creek TP NIT VIOLATIONS) (S SAMPLE LOCATION: Cu all 00°l Effluent Violation n Report N ate Month/Yr Parameter ATTACHMENT A City of Albemarle CASE NUMBER: IN-2020-0056 Unit of Frequency Measure Value 10/26/2019 10-2019 BCD, 5-Day i20 Deg, 5 X; week - Concentration 10/31/2019 10-2019 O D, 5-lay (20 Deg 5 X,week - Concentration 1012 2019 10-201t Cog toral, Fecal ME MEC Broth, 44,5 10/26/201g 10-2019 Nitrogen, A Total (s N Oran rrta-at]on 5 X weak mail 15 10 REGION: Mooresville COUNTY: Steely Calculate "Value 23.6 Over Violation Penalty imit Type Amount 57,3 Weekly Average Exceeded 31.0 Monthly Average Exceeded 400 50 ,38 25,1 Weekly Geometric Mean Exceeded Weakly Average Exceeded 750.00' 750.t10 $0.00 Certified Mail # 7017 2620 0000 6788 9960 Return Receipt Requested December 10, 2019 Michael J 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-0916 Permit No. NC0024244 Long Creek WWTP Stanly County Dear Mr. Ferris: A review of the October 2019 Discharge Monitoring Report (DMR) for the subject facili indicated below:. Limit Exceedance Violation(s): Sample Location Parameter Date revealed the violatio Limit Reported Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) 10/26/2019 001 Efl ent Concentration (C0310)x Collfarrr Fecal MF, MEC Broth, 10/26/2.019 44.5 C (31616) 001 Effluent Nitrogen, Ammonia Total (as 10/26/20 N) - Concentration (C0610) 001 Effluent BOD, 5-Day (20 Deg, C) - Concentration (C0310) 5 23,6 Weekly Average Exceeded 4 ekly Geometric Mean Exceeded 4 Weekly Average Exceeded 10/31/2019 10 1m 1 Monthly Average Exceeded A Notice ofViolation/ 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 NP[}E5VVVV Permit. Pursuant to G.S. I43'215.6A/ m civil penalty of not more than twenty-five thousand dollars ($25,000.08) 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. 143'21S.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 (lQ) business days after receipt of this Notice. A review ofyour response will be considered along with any information provided on the submitted Monitoring AepDrt(s). You will then be notified of any civil penalties that may bmassessed regarding the violations. If no response isreceived imthis Office within the 10-dayperiod, acivil 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 >avv, 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 tpconsider applying fora Special Order by Consent, Reminder: Pursuant to Permit Condition in Section E, the Permitteeisrequired 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, orfailure ofa treatment unit. Avvritten 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 5Cne0er of the Mooresville Regional Office at 704-663-1699, Sincerely, DocuSigned by: A14CC601AF27425, VV.Carey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division ofWater Resources, NCDE[} Cc: WQSMoonesvi|le Regional Office - Enforcement File Facility Name: Long Creek WWTP Report Period: October 2019 DMR REVIEW RECORD Mooresville Regional Office Prior Assessments: 0 Permit Number: NC0024244 Enforcement Factor: 1.00 Outfall # Outfall Description Waterbody Name Effluentto Long Creek ong Creek Waterbody Classification Monthly Average Limit Violations Sample Location: Outfall 001 - Effluent Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit Action 10/31/2019 BOD, 5-Day (20 Deg C) - Concentration Weekly Average Limit Violations Sample Location: Outfall 001 - Effluen Violation Date Parameter 5 X week mg/I 10 13 10 31 0 Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 10/26/2019 BOD 5-Day (20 Deg. C) - Concentration 5 X week mg/I 15 23 60 57 3 10/26/2019 Coliform Fecal MF, MFC Broth, 5 X week 400 504 40 26 1 44 5 C 10/26/2019 Nitrogen, Ammonia Total (as N) - 5 X week. mg/I 3.30 3.30 1.2 Concentration -4 0 Daily Limit Violations Sample Lo on: Outfall 001 - Eff,Effluent Violation Date Parameter Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 10/2/2019 Chlorine, Total Residual 2019 Chlorine, Total Residual /24/2019 Chlorine, Total Residual Other Violations/Staff Remarks: 5 X week ug/I 18 20 11 1 5 X week ugil Supervisor Remarks: No Action, BPJ 22 22 2 No Acton, BP 5 X week ugI 1821 16,7 No Action, BPJ NOV/NOI Completed by: Assistant Regional ue isor Sign -off: Regional Supervisor i n- ff. Date: Date: Date: 12/4/2 19 12 ,..-5.19 Permit Number: NC0024244 Limit Violation Prior 12-Month Enforcement History Report Period: October 2019 Sample Location: Outfall 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 11/17/2018 11-2018 Coliform, Fecal MF, MFC Broth, 44 5 C 11/30/2018 11-2018 Nitrogen, Ammonia Total (as N) - Concentration 1/5/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Geometric NOD-2019-LV-0010 Mean Exceeded onthly Average NOD-2019-LV-0010 Exceeded Weekly Average Exceeded NOV-20 11 .2 20 9 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 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 De Concentration C) 1/26/2019 1-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded Weekly Average Exceeded NOV-2019-LV-0187 NOV-2 187 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 2 8 12-2018 Nitrogen, Ammonia Total (as N) - Concentration 12/8/2018 2-2018 Nitrogen, Ammonia Total (as N) - Concentration 2/15/2018 12-2018 Nitrogen, Ammonia Tota (as N) - Concentration Weekly Average Exceeded eekly Average Exceeded eekly Average Exceeded NOV-2019-LV-0102 NOV-2 2 NOV-2019-LV-0102 12/2'2/2018 12-2018 Nitrogen, Ammon :a Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0102 12/29/2 8 12-2018 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0102 Limit, Violation Sample Location: Outfall 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 12./31/201 12-2018 Nitrogen, Ammonia Total ( N) - Concentration Monthly Average Exceeded NOV-2019-LV-0102 2/212019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-0292 219/2019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-0292 2/16/2019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 2/23/2019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 2/23/2019 2-2019 Solids, Total Suspend Concentration Exceeded eekly Average Exceeded NOV-2019-LV-0292 NOV-2019-LV-0292 NOV-2019-LV-0292 2/28/2019 2-2019 Nitrogen, Ammonia Tota (as Monthly Average N) - Concentration Exceeded NOV-2019-LV-0292 2/28/2019 2-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded 3/23/2019 3-2019 Nitrogen, Ammonia Total (as Weekly Average Exceeded N) - Concentration 3/30/2019 3-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0292 NOV-20 V-0 2 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 To as Weekly Average N) - Concentration Exceeded 4/20/2019 4-2019 Nitrogen, Ammonia Total (as N) - Concentration 4/27/20 4-2019 BOD, 5-Day (20 Deg. C Concentration Weekly Average Exceeded eekly Average Exceeded 4/27/2019 4-20 9 Nitrogen, Ammonia Total (as Weeky Average N) - Concentration Exceeded NOV-2019-LV-0397 NOV-2019-LV-0397 NOV-2019-LV- 7 NOV-2019-LV-0397 4/30/2019 4-2019 BOD, 5-Day (20 Deg C) - Concentration Monthly Average Exceeded NOV-2 -LV-0 7 4/30/2019 4-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded NOV-2019-LV-0 7 Limit Violation Sample Location: Outfall 001 - Efflwent Violation Report Date Period Parameter Violation Type NOD NOV 4/30/2019 4-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded 5/'4//2019 5-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 5/11/2019 5-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LV-0397 NOV-2019-LM-0054 NOV-2019-LMm0054 5/11/2019 5-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LM-0054 5/18/2019 5-2019 BOD, 5-Day (20 Deg C) - Concentration Weekly Average Exceeded NOV-2019-LM-00 /2019 5-2019 Conform, Fecal MF, MFC Broth 44.5 C Weekly Geometric Mean Exceeded NOV-2019-LM-0 5/2>/201.9 5-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LM-0054 5.31/2019 5-2019 BOD 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded NOV-2019-LM-0Ct54 5/31/2019 5-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded 2019 6-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LM-0054 NOV-2019-LV-0570 6/1/2019 6-2019 Coliformr, Fecal MF MFC Broth, 44.5 C Weekly Geometric Mean Exceeded 6/8/2019 6-2019 BOD, 5-Day (20 Deg. C Concentration Weekly Average Exceeded NOV-2019-LV-0570 NOV-2019-LV-0570 6f8/2019 6-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-0570 6/15/2019 6-2019 SOD, 5-Day (20 Deg. C) - Concentration 6/15/2019 6-2019 1Colifomi, Fecal MF, MFC Broth, 44,5 C Weekly Average Exceeded Weekly Geometric Mean Exceeded 6/22/2019 6-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LV-0570 NOV-2019-LV-0570 NOV-2019-LV-0570 a 0/2019 6-2019 BOD, 5-Day (20 Deg. C) - Concentration Monthly Average Exceeded 6/30/2019 6-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded NOV-2019-LV-0570 NOV-2019-LV-0570 9/7/2019 9-2019 Coliform, Fecal MF, MFC Broth, 44,5 C Weekly Geometric Mean Exceeded NO'V-2019-LV-0862 oni citing Viol an pie Location. Outten 001 E Fluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 5/18/2019 -2019 Conductroty' Violation Violation Report Period Parameter Frequency Viulaton Vlelatiet Type NOD NOV 201 -LM 00* NOV CPA 2119/2019 2.r1 2019 312019 6-20' Violation detected during inspection N V-2019-P -0 Violation detected during inspection N PC Violat on detected during inspection Aquatic toxicity ae it ilcnit violation N )V-2919-PC-tit 8 N V-2019-i` -0039 ION OF WATER RESOURCES Violator: City of Albemarle Facility Name: Lang Creek. WWTP Permit Number: NC0024244 County: Stank Case NUM her: LV-2020-0056 NALT " ASSESSMENT 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. Flowerer, the discharge of treated effluent in excess f permit limitations has the potential to adversely impact natural resources. 2) The duration and gravity of the violation; As documented in A 3) The effect on ground or surface water quantity or duality or on air quality; None documented. t`t°leretrt ira ewes ert`laettnit limitations has the (potential to adversely impact surface ;raters, 4) The cost of rectifying the damage; I ulerte o n 5) The arttount o1 6) Whether the v ney saved by noncompliance; Unknown mitted 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 Prior violations reported and addressed. SOC:; negotiations are currently ongoing.. 8) The cost to the State of the enforcement procedures. S 115.76 2/5/2©2© Date Docu igrted by: Ai4CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ