NC0026832_Enforcement_20010913

September 13, 2.001
MEMO TO: Rex Gleason
FROM: Richard Bridgeman • Ni
SUBJECT: Request for Remission of Civil Penalty
Case No. LTA 01-018
Town of Troutman
NPDES Permit No. NC0026832 (Rescinded)
iredell County
The Town of Troutman was assessed a civil penalty of $6,035.45, including $85.45 in.
enforcement costs, on 7/12/01, for violations occurring in 3/01. The case covers BOD, TSR,
Fecal Coliform, and Oil & Grease monthly average violations; 1 each BOD5, TSR, and Fecal
Col.iform weekly average violations; and 27 failures to report required effluent and stream data..
A civil penalty was assessed for each violation.
Because the above noted violations occurred during the month (3/01) that the Town
ceased discharge by diverting wastewater flow to the City of Statesville's Third Creek WWTP
collection system, the Town was issued a 'Notice of Violation and Recommendation for
Enforcement on 6/14/01. Although the Notice included a opportunity to provide an explanation
for the violations within 10 days of receipt of the Notice, no response was received. The Notice
was sent by certified mail; a Steven Shealy, with the Town, signed (Return Receiptl"Green
Card") for the envelope on 6/8/01.
The remission request is based on the following:
That the failures to monitor were the result of delays (false- starts/scheduling
problems) on several days prior to the actual diversion of flow to the City of
Statesville on 3/2.3/01. Although not explicitly stated, it is assumed that the
required 1/week monitoring kept being postponed because it was thought it would
not be necessary (i.e., the diversion would occur).
2. An assumption that neither the delays in the diversion of flow to the City of
Statesville nor the failures to monitor in any way compromised water quality.
That the civil. penalty assessment only serves "to penalize a Town that has already
spent millions of dollars to preventwater quality degradation",

Remission Request
Town of Troutman
LM 01-018
It is the writer's opinion, based on the data from the single monitoring event that was
conducted on 3/20/01, that the Town essentially ceased operation and maintenance of the WWTP
prior to the diversion of flow on 3/23/01. Big Branch, the receiving stream, is a Class WS-IV
water, having a 7Q10 flow of 0.075 cfs. Troutman's instream waste concentration (IWC
82%. Based on the data, there is every reason to predict that Big Branch was in fact
negatively impacted; the reported. BOD5, TSR, and Fecal Coliform data were many times greater
than their respective limits. At best, the fact that the Town allowed the violations to occur
represents very poor judgement. Within the framework of the remission factors, the permittee
failed to provide justification for remission.
H:AWPW[N\DOCIMEMO\TROUTMN3.RR

Vs1 A 7—z:
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Michael F. Easley
Governor
William G. Ross Jr„ Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, PhL„ Acting Director
Division of Water Duality
DEC 1 3 2001
CERTIFIED MAIL 7000 1530 0002 2100 2359
RETURN RECEIPT_ REQUESTED
The Honorable Elbert. H. Richardson
Town of Troutman
P. O. Box 26
Troutman, NC 28166
Dear Mayor Richardson:
DEPT, OF ENVIRONMEt:T
AND NATURAL
14'00
DEC 2 0 2001
Subject:Remission Request of Civil Penalty Assessment
Former NPDES Permit Number NC0026832
Town of Troutman
Iredell County
Case Numbers LV 01-033 & LM 01-018
I considered the information submitted in support of your requests for remission in
accordance with G,S, 143-215.6A(f). My decisions in these matters are as follows:
In the matter of case LV 01-033. I have decided to remit he civil penalty assessmen of
$1,335,45 in its entirety. This case has been closed.
In the matter of case LM 01-018, I have not found grounds to modify the assessment of
$6,035.45.
My decision to remit the penalty i.n the first case is based upon the Town's efforts to
connect to the City of Statesville's collection system, thereby eliminatin.g the discharge.
Knowing this was both a difficult and expensivec endeavor, the Division of Water Quality
applauds the Town of Troutman for the its accomplishment. Special recognition is extended to
your Town Manager, Mr, A. J. Barghothi, whose efforts to initiate, coordinate and see the project
through to completion have been admirable.. His willingness to coordinate action with our
Mooresville Regional Office, and to keep its staff updated on developments have been greatly
appreciated.
Impressed as we are with the elimination of the discharge, the Division cannot condone,
the apparent disregard for enviro.nmental regulations that was exhibited duringthe wastewater
treatment. plant's last month of operation. As long as the discharge to waters of the State
occurred, the Town had an obligation to monitor that discharge in order to ensure protection of
those waters. More could have, and should have been done, in order to comply with permit
requirements. Available data can only lead me to conclude the plant was neglected and yielded
an undertreated effluent during the month of March 2001., Therefore, I could not grant any
remission in this case.
Customer Service Division ofWateroualily 1617 Mail Service Center Raleigh, NC 27699-1617
1 800 623-7748 [phone]

Should you choose to pay the full hermitic assessed in case M 0I 018, payment should
be tendered to me at the letterhead address within 30 days of the receipt of this letter. Please
make checks payable to the Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division staff will argue against
any reduction of the assessment:
Should you choose to present your request to the corer ittee ple notify me at the
letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to
be heard on the agenda of the next scheduled committee meeting and you will he notified of the
date and time. If a response is not received by the Division regarrding this notice, your request
will be scheduled on the agenda for an upcoming committee meeting.
If you have any questions about this letter; please do not hesitate to contact Bob Sledge at
[phone]. extension 547.
Thank you for your
operation in this n
cc. Mooresville Regional ce
Enforcement File
Central Files

A:seA
ITICbENR
Customer Service
1 800 623-7748
A
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
11)c--ID 1t.;10 e:›OLD 1 551.-
Mr. A. J. Barghothi, Town Administrator
Town of Troutman
400 North Eastway Drive
Post Office Box 26
Troutman, NC 28166
SUBJECT:
Dear Mr. Barghothi:
I F. Easley
Governor
William G. Ross, Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Kerr T. Stevens, Director
[Division of Water Quality
July 12, 2001
S
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and
NPDES Permit No. NC0026832
Town of Troutman WWTP
Case No. LM 01-018
Iredell County
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $6,035.45 ($5950.00 civil penalty + $85.45 enforcement costs) against the Town of
Troutman.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by R & A Laboratories, Inc. for the Town of
Troutman for the month of March 2001. This review has shown the subject facility to be in
violation of the discharge limitations and monitoring requirements found in NPDES Permit No.
NC0026832. The violations are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Troutman
violated the terms, conditions or requirements of NPDES Permit No. NC0026832 and North
Carolina General Statute (G.S.) 143-215,1(a)(6) in the manner and extent shown in Attachment
A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against the Town of Troutman:
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE [phone]
FAX [phone]

For / of the one (1) violation of G.S, 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for Biochemical Oxygen Demand (BOD5).
For '' of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for Total Suspended Residue (TSR).
For r of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for Fecal Coliform.
For / of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in.
violation of the permit monthly average effluent
limit for Oil and Grease.
For F of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in
violation of the permit weekly average effluent limit
for Biochemical Oxygen Demand (SODS).
For / of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in
violation of the permit weekly average effluent limit
for Total Suspended Residue (TSR).
For / of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0026832, by
discharging waste into the waters of the State in
violation of the permit weekly average effluent limit
for Fecal Coliform.

For of the two (2) failures to monitor for
effluent Temperature in violation of G.S. 143-
215.1(a)(6) and the terms of NPDES Permit No.
NC0026832.
For of the two (2) failures to monitor for
stream (upstream and downstream) Temperature in
violation of G.S. 143-215.1(a)(6) and the terms of
NPDES Permit No. NC0026832.
For of the three (3) failures to monitor for
effluent BOD5 in violation of G.S. 143-215.1(a)(6)
and the terms of NPDES Permit No. NC0426832.
For of the three (3) failures to monitor for
influent BOD5 in violation of G.S. 143-215.1(a)(6)
and the terms of NPDES Permit No. NC0026832.
For __.>' of the three (3) failures to monitor for
effluent NH3-N in violation of G.S. 143-215.1(a)(6)
and the terms of NPDES Permit No. NC0026832.
For of the three (3) failures to monitor for
effluent TSR in violation of G.S. 143-215.1(a)(6)
and the terms of NPDES Permit No. NC0026832.
For _ of the three (3) failures to monitor for
influent TSR in violation of G.S. 143-215.1(a)(6)
and the terms of NPDES Permit No. NC0026832.
For of the three (3) failures to monitor for
effluent Fecal Coliform in violation of G.S. 143-
215.1(a)(6) and the terms of NPDES Permit No.
NC0026832.
For J of the three (3) failures to monitor for
effluent Oil and Grease in violation of G.S. 143-
215.1(a)(6) and the terms of NPDES Permit No.
NC0026832.
For {_'— of the two (2) failures to monitor for
stream (upstream and downstream) Dissolved
Oxygen in violation of G.S. 143-215.1(a)(6) and the
terms of NPDES Peiiiiit No. NC0026832.
TOTAL CIVIL PENALTY

85.45 Enforcement costs.
62S, 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. 14313-
282.1(b), which are:
(8)
The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violations were committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Compl iance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
ecause 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 that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether:

(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violations;
(c) the violations were inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violation;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
OR
Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-1601
and

Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thi days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty.
Please be advised that any continuing violation(s) may be the subject pia new
enforcernent action, including an additional penalty. If you have any questions about this civil
penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional
Office at 704/663-1699.
1
I
t'(Date)
Al fACHMENTS
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor wl attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments

Attachment
Town of Troutman
NPDES Permit No. NC0026832
Case Number LM 1-- 1
Lin�rit Viola n , arch 2001
n hlv Average Limit ViolatViolations
Parameter Reported Value
B5
TSR
Fecal Caliform
Oil and Grease
P a
B5
TSR
Fecal Cola"fo
399 *
528 *
I2,0 *
52.4 *
30.0
Units
30.0
200.0
30.0
Weekly Average Limit Viol ions
Reported Value
Mon orinio►lations, March
Parpeter
Temperature
Temperature
BO
BOD5
N 3-N
TSR
TSR
Fecal lifo:
Oil and Grease
Dissolved Oxygen
Required
* deno s assess ent of civil
2001
399
528 *
>12,000 *
lcanitorin
"reg
Daily
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
malty..
BOD5 denotes Biochemical Oxygen Demand
N 3- i denotes Ammonia Nitrogen
TSR denotes Total Suspended Residue
Lit
45.0
45.0
200.0
Lnetior
Effluent
Upstre' ownstye,
Effluent
Influent
Effluent
Effl uent
Influent
Effluent
Effluent
Upstre owns
mg/L
#l1 tl ml
ma/L
snits
ing/L
ing/L
lld1
Failures to Report
*

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Iredell
IN THE MATTER OF ASSESSMENT
CIVIL PENALTIES AGAINST
Town of Troutman
PERMIT NO. NC0026832
WAIVER OF RIGHT TO AN OF
ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
FILE NO, LM 01-OI8
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Division of Water Quality dated
, the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document. The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Water Quality within 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 day of , 2001
BY
ADDRESS
TELEPHONE

EFFLUENT,'
CHECK BOX IF ORC HAS CH.A_VGE,Cf—
i
()RJ(3LNN.L nciON..COPY 1c
17.r 7.2ENTRAI, FILES
DIVISION OF .:t.TE1(',
I'foI 1-U. SERVV11, CENTG1_
GRADE
1-��1 a �4,. 1 �'&� d � A
NC DEIFREF
AND NATURAT.
INC; SAMPLES
l t t OPHitIJJI
C1;R7:"C1``. THAT THIS" REPORT IS
`Y'tiIV.L T.-A: 'P` : THE BEST OF w11,' KNOWLEDGE_

Facility, Status: (Please check one of the following
All rnonitotin.g data and sampling, frequencies meet permit requirements
All ]monitoring data and Sampling frequencies do No-r meet permit requirements
Compliant „
Noncompliant
lf 'the facility is noncompliant, piease comment on corrective actions being taken in respect to equipment, operation, maintenance_ etc.,
and a time table for improvements to be made.
o the receiving stream, The wastewater from the Towu of Troutman's_StWerY being piped into the City of
W
the sewer W
VVTP
i1Ies) systemou
71. 2001
Our Operator checked the system on Z2 March. 2001 and there was no discharge from the WWTP and sewage was being pumped to Statesville, Effective
euturs ceased tinllste OFC'stue to no discharge,
certify, under penalty ofl.aw, that this document and all attachments were prepared under my direction or supervision in accordance
a system designed to assure that a qualified personnel properly gather and evaluate the information submitted. Based on my
inquiryof the person or persons who manage the system, or those persons directly responsible for gathering the information. the
-ifo.miation submitted is, to the best of my knowledge and belief true, accurate, and complete. 1 am aware that there are significant
enalties for sub:mining false information, 'including the possibility of fines and imprisonment for knowing violations."
James M. Cheshire (Auttrtinzed Azent)
(Pleasr pI2in1dr type
Massev1-5,treet
trrnittee Address
Troutman NC
igjt
f Permitee"
704-528-7616
Phone Number
Date
06).017000
Permit Exp„ Date
1010 Temperature 00556
)076 Turbidity
Oii 3: Grease
00600 Total. Nitrogen
1080 Color (Pt -Co) 00610 Ammonia Nitrogen
1082 Color (ADMI) 00625 Total Kjeldhal
Nitrogen
Nitrates/Nitrites
)095 Conductivity 00630
)300 Dissolved Oxygen
)0310 BOD5 00665
)10340 COD 00720
10400 pH 00745
)530 Total Suspend 00927
Residue 00929
)0545 Settleable Matt 00940
PARAMETER CODES
00951 Total Fluoride
01002 Total Arsenic
01027 Cadmi
01032
Hexavalent Chromium
01034 Chromium
01067
01077
01092
01105
Nickel
Silver
Zinc
Aluminum
50060 Total
Residual
Chlorine
71880
71900
81551
Formaldehyde
Mercury
--/
tle Water Quality Seetton's web site at hahejlr St4tVrIc,11S/WtiU and linking to the Unit's information pages, Drit
by
vl7isitiMng
arameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at [phone], or
Total Phosphorus
Cyanide
Total Sulfide
Total Magnesium
Total Sodium
Total Chloride
01037
01042
01045
01051
01062
Total Cobalt
Copper
Iron
Lead
Molybdenum
01147
31616
32730
34235
34481
38260
39516
50050
Total Seleniu
Fecal Colifor
Total Phenoli
Benzene
Toluene
MBAS
PCBs
Flow
hi V
FiL
se only units designated in the reporting facility's permit for reporruig data
• ORC most visit facility and document visitation of facility as required 15A NCAC 8G.0204.
If signed by other than the Permit -tee, delegation of signatory authority must be on Ole with the state per 15A NCAC 213.0506 (b)
1XD),

,PDES NO: ''4C
F. CI LIT` NAME:
nf u r
DISCHARGE NO: (01 IIGItiTIT:
YEAR:
"T' T'Y: IrrcktII

DISCHARGE NO: nH MONTH: 1in YEAR:
/ILITY NAME: Town of Trou COUNTY: Iredell
Biz Branch
OCATION: 50ft. Above Effluum
Upstream
0340i 3UI16 1995
28'
I:""
4
Ikti
tS' nirft S
r E'r::rrr
klv lSeekiv d
nurt uthhosdem
.1Ente turumtter Code ,i,nvt:
wurr and Um Ls iittow
STREAM: BiL' Branch
LOCATION: 4 Mile.s Below 'Effluent
1259'
•
7 7.1
fAttRli„.„11.,
Downstream
520
384;
Entre t'2rgnitter Codc oinyvs,
und flits lidow
CopyEM Form MR-3 (11/84)

f-er-rnit c.\.'r.f.(1)02,77i,S;!.2
SECTION Ak I) EFFLUENT LIMITATIONS'AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until e.x-paration. the Permiitee is authorized to discharge
treated wastewater from Outfall 001. Such discharges shall he limited and monitored by the Permittee as specified
below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
0.2'2 MGD
Weekly
Average
Daily
Max
Measurement
Frequency
Continuous
Sample
Type
Sample
Location -I
Recordin
or E
SOD. 5-day, 20°C
3
45.0 rric/I
Total Suspended Residue2
30,0 mg/1
45,0 mg/1
Weekly
Veekly
Composite
ornoosfte
E, I
E.
N1-3 as N (Summer)
8.0 Trig,
Weekly
Composite
N1-13 as N 'inter)
Weekly
Composite
Total Residual Chlorine
2/Week
Grab
Fecal Coliform (geometric
mean}
200 00
400 00 ml
Dissolved ao,trfen3
Weekly
Weekly
Grab
Grab E. U. D
err.peratur,:;:.
ernperaturft;
Dan':
NVeekiv
Crab
Weekly
Total Nitrooen
Total Phosphon_ts
Chronic T
Oil and Grease
60.0
mg/I
guarterit; Composite
Quarterly COITTOSILS
Weekly
Composite iE
Grab
Notts:
Sample. locaions E Effluent. I- influent Upstrearn 50-fect above the outiall, D- Dovmstream 0,4 miles
below Wt. ounall.
The monthly ave...-a.-4eeffluent BOD5 and YaS concntraLions shail not exceed 153/4 of the resner..uve influent
value, (85% removall.
. The daily efflue,t. dissolved oxttyoen concentration Shall not be less than. 5.0 m.2;11.
4. The, ph shalt not be iess than 6.0 standard units nor greater than 9.0 standarc units.
5, Chronic To.x.totty 1Certociaphnia.1. at 820/6; February, May, August. November: refer to Special Condition A(2).
(Summer) = April 1- October 31
(Winter) = November 1 - March 31
There shall be no discharge of floatin
0
s or visible foam in other than trace amounts.

Case Number
Facility Name
Permit Number
Previous Case
in the Last Year
01
Fast Track Worksheet.
0'18
NC0026832
Yes
Number of Offenses in past 6 months
Statutory Maxin°lurr
per violation
ri I st 02nd 03rd 0 4th 05th 0 6th
.00
Number
Violations
4
Nurrtber
Assessed Parameter
BOD
TSR
Fecal Coliform.
Oil & Grease
BOD
rESR
Fecal Colifot
4 Temperature
2
BOD
(Effluent)
BOD
(Influet
NH3-N
TSR
(Effluent)
TSR
(influent)
Fecal Coliform
Oil & Grease
Dissolved
Oxygen
$25 000
Total Assessment Factor =
1.00
Violation
Monthly/Quarterly,
avg
Monthly/Quarterly
avg
Monthly/Quarterly
avg
Monthly/Quarterly
avg
Weekly avg/daily
max
Weekly avg/daily
max
Weekly avg/daily
max
No Permit Limit
Permit Linnit.
Perin i
Pe
Perm i
Permit Limit.
Fermi
No Perm
Penalty/
Violation
$1000
$1000
$1000
$1000
$250
250
$250
$25
$50
$50
$50
$50
$50
$50
$50
$25
Total
Assessment
Factor Totat Penalty
$1000.00
$1000.00
$1000.00
$1000.00
$250.00
$250.00
$250.00
$100.00
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
$50.00
f^rmnrl Tniol ©ertmlh'
EC ©GA ff1

�orkshe
Review t n h = March 2001
Prepared by i and Bridgernan
Grand Total Pert,
Percent of the i u Penalty
Authorized by G.S. 1143-215i6Aii
.00_1
s
70

Fr
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Director
August 22, 2001
The Honorable Elbert H. Richardson.
Town of Troutman
P. 0, Box 26
Troutman, NC 28166
NC
NORTH CAROL
ENVIRONMENT AN
e�T
AUG 2 7 2001
WATER QUALITY SECTION
Subject: Remission Request of Civil Penalty Assessment
Town of Troutman
Former NPDES Permit Number NC0026832
Iredell County
Case Number LM 01-018
Dear Mayor Richardson:
The Division of Water Quality is in receipt of your request for remission of the civil
penalty assessed in the matter of the case noted above. Although your letter referenced the
attachment of a completed form waiving your right to an administrative hearing, the fornn was
not found with your letter when it arrived in this office. As this is a necessary part of the
rennission request, we respectfully ask that you complete the attached waiver form and return it
to the attention of "Bob Sledge'" at the letterhead. address. Once the completed waiver form is
received, we can continue with the processing of your request. Your request will be placed on
the agenda of the Director's next scheduled enforcement conference and you will be notified of
the result.
If you have any questions about this matter, please contact Bob Sledge at [phone],
extension 547.
Sincerely,
Cdieen Sullins, Chief
)'Water Quality Section
cc: Mooresville Regional Office wl4ttachments
Central Files w/ Remission Letterattachments
Enforcement File wl original attachment and 3 copies
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%© past -consumer paper

STATE OF NORTH CAROL NA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST
PERMIT NO. NC0026832
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LM 01-018
Having been assessed civil penalties totaling $6,035.45 for
violation(s) as set forth in the assessment d.ocurnent of the Director of the Division of Water Quality
dated, the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate
that the facts are as alleged in the assessment document.
This the day of
Year
SIGNATURE
ADDRESS
TELEPHONE

TOWN OF TROUTMAN
400 NORTH EASTWAY DRIVE
POST OFFICE BOX 26
TROUTMAN, N. C 28166
PHONE: 704-52B-7600
FAX: [phone]
August 7, 2001
Is, Coleen Sullins
Va.ter Quality Section Chief
Division of 'Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
,
Dear Ms. Sullins,
This letter is intended as a response to the Notice of Violation and
that the Town received on July 13, 2001 (case # LM 01-018).
The Town of Troutman is requesting remission and/or mitigation of the civil penalty assessed in
the NOV. We are making this request based on a fact that I believe makes our situation unique.
As I am sure you know, the Town of Troutman no longer treats its wastewater at the Troutrnan
Wastewater Treatment Plant, 301 Massey St. (formerly NPDES Permit # NC0026832). On
March 22, 2001 the Town substantially completed a project that converted that treatment plant
into a pump -station and began pumping wastewater to the City of Statesville's Third Creek
Waste,water Treatment Plant.
Civil Penalty,
The violations that have resulted in this assessment occurred in the last clays of the Troutman
Wastewater Treatment Plant's operation during the time that the treatment plant was converted
into a pump -station. In those days we had many false starts, where the contractor would
indicate that we would begin pumping to Statesville the next day, but for one reason or another
the final conversion would be postponed. These delays were caused by problems with the pump
start-up, and some delays were caused by unexplained scheduling problems with the contractor,
who as you know is independently responsible for the methods and means of the project,
including scheduling, Please be aware that none of these delays resulted in any bypasses or
compromised water quality in any way. It was at this time that the TONVt1 did not perforrri the
required monitoring that has resulted in $1,200 of the total civil penalty. Although I regret the
above described events, they were unavoidable. No project, particularly one of this size, can be
expected to go on without small problems, and given that this occurred at the very end of this
project they are even more understandable. There is no evidence that our failure to monitor in
any way compromised water quality. In light of the overall context, this civil penalty seems
capricious.
Please understand my frustration. In planning and construction, this project has taken almost
four years to complete and has cost approximately $$,2 million. Bear in mind that the Town of
Troutman has a population of 1,598,and just ,oYer 600 sewer customus 1 imagine that no other
community has spent so much per capita or per customer on a project aimed at eliminating a
discharge, By eliminating thisdischarge the Town has done more to protect the water quality of
the Catawaba River basin than the State of North Carolini could ever hope to do -by
r.LJ
the civil penalty of $6,035.45.
cr,
AO?, 1 6 2001 ---
QUAI
sEcTioN

It is for that reason that I must ask wh,../ did Mr. Rex Gleason of the Nfooresville regional office
see fit to recommend this civil penalty? Surly Mr, Gleason, who has been aware of the Town's
Statesville interconnection project from the V cry early planning stages, knows that this civil
penalty \\ill not have the effect of motivating the Town to improve a treatment plant that no
longer exists. Because' the 'f own of Troutman no longer operat4'a treatment plant and no
longer has a NPDES pern it this action serves no purpcise other than to penalize a Ton that
has already spent millions of dollars to prevent water quality degradation, This type punitive
action flies in the face of everything I understand about the partnership between the State and
local governments in the area of emironmental protection.
Ms. Sullins I could continue to describe my feelings of hurt and frustration OVer this matter.
However I fear that would do neither of us any good, I am sure that you can see that given the
context in which these violations occurred there are unusual, mitigating factors that should be
considered. If you would like to discuss this matter in greater detail or have any questions
concerning this matter, or if I can provide you with any additional information please feel free to
contact me, or our Town Administrator, A.j. Barghothi, If you prefer, you may also contact Ad.
via email at barghodi@bhienehnet.
In accordance with the instruction contained in the NOV, a cornpleted "Waiver of Right to an
Administrative Hearing and Stipulation of Facts" is enclosed
Thank You for considering this matter.
Sincerely,
Elbert El Richardson
Mayor
cc: 1)eniiis Hodge, R&A Labs

9197339612
State N1
Deppartznen
and Natured
Division of Water
Michael F. Easley, Gtrverflor
William G. Ross, Jr., SecreterrY
Gregory J. Thorpe, Ph.D., Acting
TELECOPY TO:
FAX NUMBER
FROM: Bob Sledge
PAGE
Qua* DEPAsirrmENT OF
vlRONM NT AND maruk L REsounogs
WATER QUALITY SECTION
INT SOURCE CCMPLIANCEIENFORCEMENT UNIT
FAX NUMBER: [phone]
/HONE: (919) 733-54$3, extension 4
AGES INCLUDING THIS SI=II ET. _IL
1817 Mail Service Center
An EqunI Oppartun
North Carolina 27689--1617 Telephone e19.733-7O1 FAX [phone]
tive Action Employer 50% recycled/ 10% pot -consumer paper

9197339b12
PAGE 82
TOWN OF TROUTMAN
400 NORTH EASTWAY DRIVE
POST OF9GE BOX 28'
TROUTMAN, N. 0., p0186
PHONE 7O452&-7600
FA)(: 7D4--52B-76O5
August 7, 2001
n Chief
DivisionfW t tQuality
1617 Mail Service Cent
Raleigh, NC 27699
Dear N.
T
c e# LM01°=Q
To3Fp f Tkbutmax o 1a r its tt at rlae
its 16
t Plautus c�pation di
vc bad
Id begin g
wa'd �stpo,ed,
seated by r
�d e�� re�aas
P ease be, a re that
Please
four years to
Troutman 1
corrimur ity had sire
discharge. Dy.elimirxating
the Catart r ba. River basin tl
the civil penalty Qf $6,035.45.
t opt ud in last days�e Troutman
tip tl t. t11 tteabxient I t a as cony to
e tb newt day, but forasx
aib
Maya ve e caused by1 xxs i x t1a p
c 1, cheduling problems' t z-the• ac;.
.etlods and tF3e
4 ,coil
to
vet 600
bas
ho
WA
Towra of
no other
ina a
162
Q'UALtry
TION

/2001 13:51. 9197339E12 PAGE 03
It is for that reasorn that rraust ask why did Mr. Rex Gleaasari of the Mooresville refional office
see fit to recommend this civil penalty? Surly Mr. Gleason# who has been aware of the T 's
Statesville interconnectio project from the very early planning stages, knows that this civil
penalty will not have the effect of motivating the Town to improve a treatment plant that no
longer exists. Betauae the Town of Troutman nc longer operates a treatment plant and no
longer has w NPDES permit this action serves no purpose other than to penalize a Town that
has already spent tniUians of dollars to prevent water quality degradation. This type punitive
action flies in the face of everything I understand about the partnership between the State and
local governments in the area of environmental protection.
Ms. Sullins I could continue to describe my feelings of hurt and tion over this matter
However I fear that would do neither of us any good. I am sure t at you can see that given the
context in which these violations occurred there arc unusual, mitigating factors ,that should he
,cortside ed. Yf yogi oui4 111 e+ro discuss this matter in greater detail orbaye arty questions
concerning this matter, or if I can provide you with any additional information please feel free to
contact me, or our Tcrwn Administratot, A ].1iaxghothi. If you prefer, you may also contact A!.
via enaai1 at 'barghoth@bluenetnet.
In accordance with the itssttuction contained in the NOV, a completed
Administrative Hearing and Stipulation of Facts" is enclosed
Thank you for con
cc; Dennis H
bs
fight to an