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HomeMy WebLinkAboutNC0024244_Enforcement (LV-2020-0055)_20200306ROY COOPER COW, nor MICHAEL S. REGAN seerear S. DANIEL, SMITH Al errcf Certified Mail ti 7017 2620 0000 67€E9 4919 Return Receipt Requested Michael i Ferris, City Manager City of"Albemarle PO Box 190 Albemarle, NC 28002-0190 NORTH CAROLINA Environmental Quality SUB 1E;CT: Notice of Violation and Assess rt'tent of Civil Penalty for Violations of North. Carolina General Statute (G,S) 143-215.1( )( and NPDES WW Permit No, NC0024244 Albemarle eek W W"T"P E V-2020-0055 Dear Mr, Ferris: penalty + S 115.76 en asst. ter. AIbemarl pcnart $4,61,76 (S4.500.00 civil This assessment is based upon the following faact: «a review has been conducted otlae Discharge Monitoring Report (DMR submitted by. City of Albemarle for the month of November 2019. This review has shown the subject facilit to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0024244, The violations, which occurred in November 2019 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 requirements of NPDES WW Permit No, NC0024244 and G.S. 14 3-215,1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6Ata)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-2I5.10)_ 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, Reional Supervisor, Mooresville Regional Office hereby make the following civil penalty ,assessment against City of Albemarle: $3,000.00 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 Nitrogen, Ammonia Total (as N) - Concentration $750,00 I of 3 violations of ChS. 143-21.5.1(0(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 $750.00 I of I 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 Geometric Mean for Conform, Fecal MF, MFC Broth, 44.5 C $4,500.00 TOTAL CIVIL PENALTY 1,115,76 Enforcement Costs i4_61.5.76 TOTAL AMOUNT DUE Pursuant to GS. 143-215.6A(e)„ in determining the amount of the penalty- t 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: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) lite cost of rectifying the damage; (5) The amount of money saved bynoncompliance; (6) Whether the violation was committed 'A il It'ul ly or intentionally; (7) 1 he 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 receiptof this notice, you must do one of the following: ( I) 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 payment of the penalty: Payment should be made directly' to the order of the Department of Environmental Quality (do not include waiver ivm.), 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 .equ 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 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: ) whether one or more (Witte civil penalty assessnient tactors in NCGS 1.43B-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 oldie 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. 'fhe 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 (Coimnittee). Please be advised that the Committee cannot consider information that W as 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 \vithin thirty130) days, of receipt of this notice. The Division of Water Resources also requests thuoflpjte and submit the enclosed "justification for Remission Request." Rothforms should be (bit * • ed 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 hearin 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 must file the petition with the Office of Administrative Hearing,s within thirty (30) days of receipt of this notice. A petition is considered filed ‘vhen 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 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 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 Administrative Hearin ls all uesti :ins re )ardinI the 0 fee and/or the details of the t'iling proccss, The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as .c 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431 -3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on [)I-() as follows: 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 he assessed for violations that occur after the review period of this assessment.. If you have any questions, please contact Roberto Sche ler with the Division of Water Resources staff of the Mo Regional Office at (252) 946-6481 or via email at roberto.schellerq0cdenr.gov. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NC,DEQ A.TIAC.HMENTS Cc: 'WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Case Number: Assessed Party: Permit No.: JUSTIFICATION FOR REMISSION REQUEST LV-2020-0055 City of Albemarle NC0024244 County: Sternly Amount Assessed: $4,615.76 Please use this fonii when requesting. remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an ,,44ministrative Hearing, and Stipulation 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 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 ofthe 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 assessmentfactors in N,C.G,S. 143B-282. l(b) were wrongfully applied to the detriment of the petitioner (the assessment actors are listed in the civil penalty assessment document); (h) the violator promptly abated continuing environmental damage resulting from the violation ..e, explain the steps that ,,vou took to correct the violation and prevent iiture occurrences); (c) the violation ‘vas inadvertent or a result of an accident (i,e., explain Yhthe viol something you could .not prevent or prepare far); (d) the violator had not been assessed civil penalties for an previous. violations; wasunn'oidah (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le, explain how prlyinCni of the civil penalty will prevent yot(from pe -ining the (tetivities necessary(0 aChieVe compliance). EXPLANATION: STATE OF NORTH CAROLINA INTY OF STANLY IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Albemarle Long Creek WWTP PERMIT NO. NC0024244 Having been assessed cia it pena Division of Water Resources date } DEPARTMENT OF E NV,IRONMENTAL QU, LITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. I. V-2020-0055 the assessment document of the ,ek remission of the civil penalty, does hereby waive the right to an admn.g in the above strated nmatter and does stipulate that the facts are as alleged in the .assessment document. The undersigned further understands that all evidence presented in support of remission of this civil, penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the 76 for viol de day of 20 SIUNATUtRE. ADDRESS TELEPHONE,, PERMIT: NC0024244 FACI ITY : Long Creek 'T`P IT VIOLATION(S) ATTACHMENT A City of Albemarle CASE NUMBER: L.V- 2020-005 REGION: Moore ville COUNTY: Stardy SAMPLE LOCATION: Outfall 001 Effluent Violation Report Date MonthlVr Parameter Frequency' Unit of Limit Calculated Over Violation Value Value Type Penalty Amount 11/2/2019 11-2019 Collform, FecaI MF, 1FC Broth, 44.5 C 5 X week 400 2,591 69 47 9 Weekly Geometric Mean Exceeded 750.00 6 2019 11-2019 Nitrogen, Ammonia Total (s N) m Concentration n 11123/2019 11-2019 Nitrogen, Ammonia Taal hasN)- Concentration week mg/I 7 50 5,7' 10,34 week mgll 0,2019 11-2019 Nitrogen, Ammonia 5 X week mgll 2.60 7,57 Total (as N) - onntratl f30120119 11-2019 Nitrogen, Ammonia 5 Total (as N) Concentration Weekly Average, Exceeded 32 6 Weekly Average Exceeded Monthly Average Exceeded mgil 7.80 8,59 10.2 Weekly. Average Exceeded $0 00 750,00 00 $0 00 7 0 Certified Mail # 7017 2620 0000 6789 4551 Return Receipt Requested January 14, 2020 Michael J Ferris, City Manager City of Albemarle P© Box 190 Albemarle, NC 28002-0190 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: N©V-2020-LV-0019 Permit No, NC0024244 Long Creek WWTP Stanly County Dear Mr. Fe : A review of the November 2019 discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Li t Exceedance Violation(s): Sample Location Parameter 001 Effluent Coliform, Fecal 44.5 C (31616) F Date Limit Reported Value Value Type of Violation FC Broth, 11/2./2019 400 2,591.69 Weekly Geometric Mean Exceeded gtll Effluent Nitrogen, Ammonia Total (as 11/16//2019 7.8 N) - Concentration (C0610) 8.7 Weekly Average Exceeded 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration (C0610) Ct61 Effluent 9fi1 Effluent 3/2819 Nitrogen, Ammonia Total (as 11./30/2019 N) - Concentration (C0610) Nitrogen, Ammonia Total (as 11./30/2619 N) - Concentration (C0610) 7,8 4 Weekly Average Exceeded 2.6 7.57 Monthly Average Exceeded 7,8 8.69 Weekly 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 vvithin ten (joj usiness da s 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, Region& Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File Laserfiche Facility Name: Long Creek WW "P Report Period: November 2019 DMR REVIEW RECORD Mooresville Regional Office Permit Number: NC0024 44 Prior Assessments: 0 Enforcement Factor: 1.00 Outfall # Outfall Description Waterbody Name rbody fication 001 Effluent to Long Creek Monthly Average Limit Violations Long Creek Sample Location: Outfall 001 - Effluent Violation Date Parameter Unit of Limit Calculated % Over Frequency Measure Value Value Limit Action 30/2019 Nitrogen, Ammonia Total (as N) - 5 X week mg/I 2,60 7 60 191,3 Concentration Weekly Average Limit Viaiations Sample Location: Outfall 001 - Effluent Violation Date Parameter Unit of Limit Calculated % Over Frequency Measure Value Value Limit e 11-17101- Action 2/2019 Conform, Fecal MF, MFC Broth, 5 X week #/100m1 400 2591 70 547 9 44 5 C 11/16/2019 Nitrogen, Ammonia Totalas N) - Concentration Nitrogen, Ammoni Concentration 5 X week mg/I 7 80 8,70 11.6 X week 780 1030 326 /30/2019 Nitrogen, Ammonia Total (as N) - Concentration 5 X week Other Violations/Staff Remarks: Supervisor Remarks: mg/I 7 80 8 60 10.2 Completed by: Asa&r! Regional Supervisor Sg qf�.....: Regional \ ¥ Supervisor Sig AUCCm7y. 3t Date: 8 020 Prior 12-Month E Permit Number: NC0024244 Limit Violation 0 cement History Report Period: November 2019 Sample Location: Outfall 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 10/26/2019 10-2019 BOD, 5-Day (20 Deg. C) Concentration 10 2 10-2019 Nitrogen, Ammonia Total Ni) - Concentration 10/26/2019 10-20 9 Conform, Fecal MF, MFC Broth, 44 5 C Weekly Average Exceeded NOV-2019-LV-0916 ekly Average Exceeded Weekly Geometric Mean Exceeded NOV-2019-LV-0916 N0V-2019-LV-09 6 10/31/2019 10-2019 BOD, 5-Day (20 Deg C Concentration Monthly Average Exceeded -2016 Conform, Fecal MF, MFC Weekly Geometric NOD-20 -LV-001 Broth, 44.5 C Mean Exceeded 11/30/2018 11-2018 Nitrogen, Ammonia Iota (as Monthly Average N00-2 -LV-0 0 N) - Concentration Exceeded NOV-2019-LV-0916 1/5/2019 1-2019 Nitrogen, Ammonia Total Weekly Average N) - Concentration Exceeded 1/12/2019 -2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 1/19/2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration NOV-2019-LV-0187 NOV-2019-LV-0187 Weekly Average Exceeded NOV-2019-LV-0187 1/19/2019 1-2019 Nitrogen, Ammonia Total'(as Weekly Average N) Concentration Exceeded NOV-2019-LV-0187 1/26/2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LV-0187 1/26/2019 1-2019 Nitrogen, Ammonia Total (as Weekly Average N) Concentration Exceeded NOV-2019-LV-0187 1/26/2019 1-2019 Solids, Total Suspended - Concentration Weekly Average Exceeded 1/2019 1-2019 BOD, 5-Day (20 Deg. C) - Concentration 1/2019 1-2019 Nitrogen Ammonia Total N) - Concentration Monthly Average Exceeded onthly Average Exceeded NOV-2019-LV-0187 NOV-20 V- 7 NOV-2 7 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 Weekly Average N) - Concentration Exceeded NOV-20 9-LV-0102 Limit Violation Sample Location: Clutfall 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV 12/8//2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration 12 1 i/2018 12-2018 Nitrogen, Ammonia Tota N) - Concentration Exceeded eekly Average Exceeded NOV-2019-LV-0102 NOV-2019 V-0 02 12/22/2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-01fi12 12/29/2018 12-2018 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-0102 12/31/2018 12-2018 Nitrogen„ Ammonia. To N) - Concentration a Monthly Average Exceeded NOV-2019-LV-0102 2/2/2t119 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-0292 2/912019 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 NOV-2019-LV-0292 2/22019 2-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded 2/23/2t919 2-2019 Solids, Total Suspended - Concentration Weekly Average Exceeded NOV-2019-LV-0292 NOV-2019-LV-0292 2/2812019 2-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded NOV-2019-LV-0292 2/28/2019 2-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded N©V-2019-LV-0292 3/23/2019 3-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded N©V-2019-LV-0332 3r`3012019 3-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded N©V-2019-LV-0332 3/31/2019 3-2019 Nitrogen, Ammonia Tota N) - Concentration onthly Average Exceeded NOV-2019-LV-0 2 2019 3-2019 Solids, Total Suspended - Monthly Average Concentration Exceeded N©V-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 Weekly Average N) Concentration Exceeded N©V-2019-LV-0397 4/20/2019 4-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded N©V-2019-LV-0397 Limit Violation Sample Location: Outfatl 001 - Effluent Violation Report Date Period Parameter Violation Type NOD NOV CPA 4/27/2019 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 Weekly Average N) - Concentration Exceeded NOV-2019-LV-0397 4/30/2019 4-2019 BOD, 5-Day (20 Deg. C Concentration Monthly Average Exceeded NOV-2019-LV-0397 4/30/2019 4-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded, 4/30/2019 4-2019 Solids, Total Suspended - Concentration Monthly Average Exceeded NOV-2019-LV-0397 NOV-20 -LV-0 7 5/4/2019 5-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LM-0054 5/11/2019 5-2019 BOD, 5-Day (20 Deg. Concentration Weekly Average Exceeded NOV-2019-L -0054 5/11/2019 5-2019 Nitrogen, Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LM-0054 5/18/2019 5-2019 BOD, 5-Day (20 Deg. C) - Concentration 5/18/2019 5-2019 Conform, Fecal MF, MFC Broth, 44.5 C Weekly Average Exceeded Weekly Geometric Mean Exceeded NOV-2019-LM-0054 NOV-2019-LM-0054 5/25/2019 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-0054 5/3 , 2. .19 5-2019 Nitrogen, Ammonia Total (as Monthly. Average N) - Concentration Exceeded NOV-2019-LM-0054 6 2 9 6-2019 BOD, 5-Day (20 Deg. C Concentration 6 9 Coliform, Fecal MF, Broth, 44.5 C Weekly Average Exceeded Weekly Geometric Mean Exceeded NOV-2019-LV-0570 NOV-2 - V-057 6/8/2019 6-2019 BOD, 5-Day (20 Deg C) - Concentration Weekly Average Exceeded NOV-2019-LV-0570 6/8/2019 6-2019 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2019-LV-0570 6/15/2019 6-2019 BOD, 5-Day (20 Deg. C) - Concentration Weekly Average Exceeded NOV-2019-LV-0570 6/15/2019 6-2019 Conform, Fecal MF, MFC Broth, 44.5 C Weekly Geometric Mean Exceeded NOV-2019-LV-0570 Limit Violation Sample Location: Violation Report Date Period Outfall 001 - Effluent Parameter Violation Type NOD NOV CPA 6/22/2019 6 -2019 BOO, 5-Day (20 Deg, C) Weekly Average Concentration 6/30/2019 6-2019 6/3012019 6-2019 Exceeded NOV-2019-LV-0570 BOD, 5-Day (20 Deg. C) - Concentration Nitrogen, Ammonia Total (as N) Concentration Monthly Average Exceeded Monthly Average Exceeded NOV-2019-LV-0570 NOV-2019-LV-0570 917/2019 9-2019 Conform, Fecal MF, MFC Broth, 44,5 C Weekly Geometric Mean Exceeded NOV-2019-LV-0862 Monitoring Violation Sample Location: °offal] 001 - Effluent Violation Report Period Parameter Date 5/18/2019 5-2019 Conductivity Violation Type Frequency Violation NOD NOV NOV-2019-LM-0054 CPA Other Violation Violation Report Date 2/19/2019 Period Parameter Violation Type Violation detected during inspection NOD NOV NOV-2019-PC-0188 CPA 2119/2019 Violation detected during inspection NOV-2019-PC-01 ;; 2/19/2019 Violation detected during inspection NOV-2019-PC-01 ;; 6/3/2019 6-2019 Aquatic toxicity permit limit violation NOV-2019-TX-0039 DIVISION OF WATER RESOURCES - CIVILP ENALT ' ASSESSMENT Violator: City of Albemarle Facility Name: Long Creek WWTP Permit Number: NC0024244 County: Sturdy Case Number: LV-2020-0055 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 tiischargc of treated effluent it e X,CCSS Of perm i t limitations has the potential to i.ttiversely impact natural resource's. 2) The duration and gravity of the violation; As do •inientht in Attached A 3) The effect On ground or surface water quantity or quality or on air quality; None documented, however, the dischaige of treated effluent in c•cess of permit limitations has the potential to adversely jin pact surface waters. 4) The cost of rectifying the damage; tin know ri 5) The amount of money saved by noncompliance; Uriknow 6) Whether the violation was committed willfully or intentionally; Not s spected to be willful 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 P r u r violittions reported and addressed. SO( negotiations are currently ongoing, 8) The cost to the State of the enforcement procedures. 5115.76 2/5/2020 Date DocuSigned by: A14CC681AF27425, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ