NC0082694_PC-2022-0017 CPA_20220412

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Dallas
Facility Name: Dallas WTP
Permit Number: NC0082694
County: Gaston
Case Number: PC-2022-0017
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 specifically documented. However, the discharge from a backwash lagoon, essentially bypassing treatment,
has the potential to adversely impact natural resources.
2) The duration and gravity of the violation; The duration and quantity of the discharge from the backwash lagoon
is unknown. However, visual observations made at the site and documented with photographs indicate that the
discharge had a duration and volume prior to the date of the inspection.
3) The effect on ground or surface water quantity or quality or on air quality;
None specifically documented. However, the discharge from a backwash lagoon, essentially bypassing treatment,
has the potential to adversely impact surface waters.
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown.
6) Whether the violation was committed willfully or intentionally; Was not suspected to be willful or intentional.
However, proper operations and maintenance of the facility could have prevented this discharge.
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
Violation Report Violation
Date Period Parameter Type NOD NOV
7/31/2021 6-2021 Late/Missing DMR NOD-2021-LR-0022
12/1/2021 10-2021 Late/Missing DMR NOD-2022-LR-0006
8) The cost to the State of the enforcement procedures.
4 Hour Staff time — $161.72
2 Hour Supervisor time - $ 123.44
1 Hour Administrative Staff Cost $15.00
$300.16
4/12/2022
Date
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
CPA

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7018 3090 0001 2323 0454
Return Receipt Requested
Bill Trudnak
Town of Dallas
210 N Holland St
Dallas, NC 28034-2749
NORTH CAROLINA
Environmental Quality
April 12, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations NPDES Permit No. NC0082694
Dallas WTP
Case Number PC-2022-0017
Gaston County
Dear Mr. Trudnak:
This letter transmits a notice of a civil penalty assessed against the Town of Dallas in the amount of $2,300.16
($2,000.00 civil penalty + $300.16 enforcement costs).
This assessment is based upon the following facts:
1. A Compliance Evolution Inspection (CEI) was conducted at the Dallas WTP by Division of Water Resources staff
on January 25, 2022. During the January 25, 2022 CEI, a bypass from the backwash lagoon was observed. This
bypass entered the stormwater drainage system.
2. No notification of a bypass was received by the Mooresville Regional Office
Based upon the above facts, I conclude as a matter of law that the Town of Dallas violated the terms, conditions or
requirements of NPDES WW Permit No. NC0082694 in the manner and extent shown above. In accordance with the
maximums established by G.S. 143-215.1(a)(6). In accordance with the maximums established by G.S. 143-215.6A(a)(2), a
civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by
G.S. 143-215.1(a).
IE
oarrcaa uNn
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I MooresviIie, North Carolina 28115
704.663.1699

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I,
W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty
assessment against Town of Dallas:
$ 2,000.00 For 1 of 1 violation(s) of NPDES Permit No. NC0082694 Part II. Section C. 2. by failing to properly
operate and maintain the backwash lagoon such that it was not bypassed into the stormwater drainage
system.
$ 0.00 For 1 of 1 violation(s) of NPDES Permit No. NC0082694 Part II. Section C. 4.(b)(2) by failing to give
notice of bypass of the backwash lagoon.
$ 0.00 For 1 of 1 violation(s) of NPDES Permit No. NC0082694 Part II. Section C. 4.(c) by failing to prevent a
bypass from a permitted treatment unit.
$ 300.16 Enforcement Costs
$ 2,300.16 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. 143B-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) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the
reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request 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 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 of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the
Division 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 be advised that the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of
Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division
of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms
should be submitted to the following address:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative hearing.
You may obtain the petition form from the Office of Administrative Hearings. You 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 Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of
the petition must be filed with the Office of Administrative Hearings. The petition may be faxed provided the original and one
copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed
transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
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 be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment.

If you have any questions, please contact Ori Tuvia with the Division of Water Resources staff of the
Mooresville Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
\--A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche

Case Number: PC-2022-0017
Assessed Party: Town of Dallas
Permit No.: NC0082694
JUSTIFICATION FOR REMISSION REQUEST
County: Gaston
Amount Assessed: $2,300.16
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 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 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 (the assessment factors are listed in the civil penalty
assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e.,
explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Dallas
Dallas WTP
PERMIT NO. NC0082694
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. PC-2022-0017
Having been assessed civil penalties totaling $2,300.16 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated , the undersigned, desiring to seek remission of the civil
penalty, 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 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 day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Dallas
CASE NUMBER: PC-2022-0017
PERMIT NO: NC0082694 REGION: Mooresville
FACILITY: Dallas WTP COUNTY: Gaston
VIOLATION
DATE
AREA
VIOLATION
TYPE
VIOLATION DESCRIPTION
1/25/2022 Permit
PENALTY
AMOUNT
Violation detected during Part II, Section C.2 , failure of Proper $2,000.00
inspection Operation and Maintenance
1/25/2022 Permit
Violation detected during Part II, Section C.4(b)(2), Failure to give $0.00
inspection notice
1/25/2022 Permit
Violation detected during Part II, Section C.4(c), Prohibition of $0.00
inspection Bypass

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF
CASE NO. PC-2022-0017
TOWN OF DALLAS
DALLAS WTP
FOR VIOLATIONS OF:
PERMIT NO. NC0082694
PART II, SECTION C.2,
PART II, SECTION C.4(b)(2)
AND PART II, SECTION C.4(c)
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A I, W. Corey Basinger, Regional Supervisor, Mooresville
Regional Office, of the Division of Water Resources (hereby known as DWR), make the following:
I. FINDING OF FACT
A. The Town of Dallas is a person organized and existing under the laws of the State of North Carolina.
B. On September 16, 2015, the Town of Dallas was issued NPDES Permit Number NC0082694 effective October 1,
20215, for the operation and maintenance of a wastewater treatment plant located at the Dallas WTP, with the
discharge of treated effluent into South Fork Catawba River, classified as WS-IV, in the Catawba River Basin, in
accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina.
C. The South Fork Catawba River is classified as WS-IV in the Catawba River Basin.
D. On January 25, 2022, Ori Tuvia of the Mooresville Regional Office (MRO) of the Division of Water Resources
(DWR), conducted a compliance evaluation inspection at the Dallas WTP. While onsite, DWR staff observed a
bypass from the backwash lagoon. This bypass entered the stormwater drainage system.
E. On February 10, 2022, the Mooresville Regional Office (MRO) of the DWR issued a Notice of Violation/Notice
of Intent to Enforce (NOV-2022-PC-0041) to the Town of Dallas. This Notice was issued in response to
observations from an inspection on January 25, 2022.
F. On March 28, 2022, DWR received a written correspondence from the Town of Dallas in response to the Notice
of Violation -Notice of Intent to Enforce NOV-2022-PC-0041, explaining the following:
• They attribute the bypass to melting snow and backwashing the previous day.
• Overflow was contained in the stormwater pond.
• All possible actions were taken to stop the bypass, once it was discovered.
G. NPDES Permit No. NC0082694 contains the following relevant permit conditions:
1. NPDES Permit NC0082694 Part II. Section C.2. Proper Operation and Maintenance
"The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operations and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or
auxiliary facilities only when necessary to achieve compliance with the conditions of the permit."

2. NPDES Permit NC0082694 Part II. Section C.4(b)(2). Bypassing of Treatment Facilities - Notice
Section C. 4. (b) (2) "Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as
required in Part II.E.6. (24-hour notice)."
3. NPDES Permit NC0082694 Part II. Section C.4(c). Prohibition of Bypass
"(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action
against a Permittee for a bypass as provided in any current or future system -wide collection system permit
associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the
Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of
this section."
H. A DWR file review confirmed that the Town of Dallas is not allowed, as a condition of any permit, special order,
or other appropriate instrument issued or entered into by the Commission under the provisions of this Article, to
violate water quality standards applicable to an assigned classification or to violate and effluent standard,
limitations, permit conditions, or rules/regulations established for any point source.
I. The cost to the State of the enforcement procedures in this matter totaled $300.16.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW
A. The Town of Dallas is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).
B. The South Fork Catawba River is located at the site constitutes waters of the State within the meaning of G.S.
143-212 (6).
C. The Town of Dallas was issued NPDES Permit No. NC0082694 in accordance with G.S. 143-215.1(a) for the
operation and maintenance of a wastewater treatment plant and the discharge of wastewater in compliance with
permit limits and conditions.
D. On January 25, 2022, the Town of Dallas violated NPDES Permit NC0082694 Part II Section C. 2. by failing to
properly operate and maintain the backwash lagoon such that it was not bypassed into the stormwater drainage
system.
E. On January 25, 2022, Town of Dallas violated NPDES Permit NC0082694 Part II. Section C. 4.(b)(2) by failing to
give notice of bypass of the backwash lagoon.
F. On January 25, 2022, Town of Dallas violated NPDES Permit NC0082694 Part II. Section C. 4.(c) by failing to
prevent a bypass from a permitted treatment unit.
G. The Town of Dallas may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be
assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.

H. The State's enforcement cost in this matter may be assessed against the Town of Dallas pursuant to G.S. 143-215.3
(a)(9) and G.S. 143B-282.1(b)(8).
I. W. Corey Basinger, Regional Supervisor, Mooresville Regional Office, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has
the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, the Town of Dallas is hereby assessed a civil penalty of:
$ 2,000.00 For 1 of 1 violation(s) of NPDES Permit No. NC0082694 Part II. Section C. 2. by failing to properly
operate and maintain the backwash lagoon such that it was not bypassed into the stormwater drainage
system.
$ 0.00 For 1 of 1 violation(s) of NPDES Permit No. NC0082694 Part II. Section C. 4.(b)(2) by failing to give
notice of bypass of the backwash lagoon.
$ 0.00 For 1 of 1 violation(s) of NPDES Permit No. NC0082694 Part II. Section C. 4.(c) by failing to prevent a
bypass from a permitted treatment unit.
$ 300.16 Enforcement Costs
$ 2,300.16 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in G.S. 143B-282.1(b),
which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(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.
—DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ