NC0025381_LV20140126_20141007

.1
vDi.
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7012 1010 0002 1965 7796
Return Receipt Requested
October 07, 2014
Chris Braund, Manager Town
Town of Lake Lure
PO Box 255
Lake Lure, NC 28746 -0255
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143- 215.1(a)(6)
and NPDES Permit No. NCO025381
Town of Lake Lure
Lake Lure W WTP
Case No. LV- 2014 -0126
Rutherford County
Dear Permittee:
John E. Skvarl9, III
Secretary
RECEIVEDIDENRIDWR
OCT 13 ')014
Water ouall
Permitting S20'
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,897.50 ($1,750.00 civil
penalty + $147.50 enforcement costs) against Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Lake Lure for the month of May 2014. This review has shown the subject facility to be in
violation of the discharge limitations and /or monitoring requirements found in NPDES Permit No. NC0025381. The
violations, which occurred in May 2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Lake Lure violated the terms, conditions or
requirements of NPDES Permit No. NCO025381 and G.S. 143- 215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143- 215.1(a).
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
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Lake Lure:
2090 U.S. 70 Highway, Sxminanoa, NC 28778
Phone: [phone] \ Intemet: www.nedenr_gov <http: / /www- ncdenr.gov>
An Fnnal Onwrtimiry 1 Afiirn-tive Aerinn Fmnlnver - Madr. in nart by n Ir.d na .

750.00 1 of the 1 violations of 143- 215.1(a)(6) and NPDES Permit No.NC0025381, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for NH3 -N -
Conc.
750.00 1 of the 1 violations of 143- 215.1(a)(6) and NPDES Permit No.NC0025381, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for TSS -
Conc.
0.00 0 of the 1 violations of 143- 215.1(a)(6) and NPDES Permit No.NC0025381, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for NH3 -N -
Conc.
250.00 1 of the 1 violations of 143- 215.1(a)(6) and NPDES Permit No.N00025381, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for TSS -
Conc.
$1,750.00 - . •TOTAL CIVIL PENALTY
147.50 Enforcement Costs
$1,897.50 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.
K

Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
Option 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.
3

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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617
Option 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 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 filing 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 Hearings with all questions regarding the
filing fee and/or the details of the filing, process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
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
4

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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 296 -4667 or via email at janet.cantwell @ncdenr.gov.
Sincerely,
for Thomas A. Reeder, Director
Division of Water Resources, NCDENR
By G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File (w /attachments)
NPDES Compliance/Enforcement Unit - Enforcement File (w /attachments)
Central Files, Water Quality Section (w /attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV- 2014 -0126 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No.: NC0025381 Amount Assessed: $1,897.50
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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Lake Lure )
Lake Lure WWTP 1
PERMIT NO. NCO025381 ) CASE NO. LV- 2014-0126
Having been assessed civil penalties totaling $1,897.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 07, 2014, 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
RE
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Town of Lake Lure
CASE NUMBER
LV- 2014 -0126
PERMIT:
NCO025381
FACILITY:
Lake Lure WWTP
COUNTY: Rutherford
REGION:
Asheville
Limit Violations
MONITORING
OUTFALL
/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$0.00
5 -2014
001
Effluent
NH3 -N - Conc
5/10/14
3 X week
mg /I
12.90
15.30
18.9
Weekly Average Exceeded
$750.00
5 -2014
001
Effluent
NH3 -N - Conc
5/31/14
3 X week
mg /I
4.30
12.70
195.3
Monthly Average Exceeded
$250.00
5 -2014
001
Effluent
TSS - Conc
5/17/14
3 X week
mg /I
45
56.30
25.2
Weekly Average Exceeded
$750.00
5 -2014
001
Effluent
TSS - Conc
5/31114
3 X week
mg /I
30
40.50
35.0
Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Lake Lure WWTP / NCO025381
County: Rutherford
Case Number: LV- 2014 -0126
8 ASSESSMENT FACTORS
As required by G.S. 143- 214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S. 1436- 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;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 195 %.
One Weekly Average Ammonia Nitrogen exceeded the permit limit by 18 %.
One Monthly Average TSS exceeded the permit limit by 35 %.
One Weekly Average TSS exceeded the permit limit by 25 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal
and additional chemicals and aeration. It would also include more operating
and maintenance time on site.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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
There have been two civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcemeCn� roc
{ $147.50.
d
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR

EFFLUENT'"
NPDES PERMIT NO. NCO025381 DISCHARGE NO 001 MONTH May YEAR 2014
FACILITY NAME Town of Lake Lure CLASS PC II COUNTY Rutherford
OPERATOR IN RESPONSIBLE CHARGE (ORC) Donald G. Byers GRADE_ IV 10939
CERTIFIED LABORATORIES Testing Solutions # NC660 & Bvers Environmental # 5641
CHECK BOX W ORC HAS Cflewc PERSONS COLL ING SAMPLES Sheridan Byers ! Don Byers
Mail ORIGINAI4nd 04WP Y to: Q�'u
ATTN: CENTRAL FILES
22 ?���'
DN. OF ENVIR)QNMENTAL MA NT X FL
DEHNR \ (SIGNATURE OF OPE IN RESPONSIBLE HARGE) DATE JUL
pI
1617 Mail Sery ice nter BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS JU L-
RALEIGH, NC 27699- 617 C+ ACCURATE AND COMPLETE,,TQTHE BEST OF MY KNOWLEDGE
MAXIMUM 10.364201 16.0 1 7.0 1 47 113.01 W 1 17.01 76 1 1 1 1 1 6.901 49
MINIMUM 10.19210 10 6 < 28 3.5 1 18 1 7.8 j< 1 1.30 10
%REMOVAL
C
Monthly Limit 1 0.995 1 1 6-91 50 1 30 1 0 1 200
DEM Form MR-1 (12!83) ' ` t �
q/ o //o jUL lb 2014
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MAXIMUM 10.364201 16.0 1 7.0 1 47 113.01 W 1 17.01 76 1 1 1 1 1 6.901 49
MINIMUM 10.19210 10 6 < 28 3.5 1 18 1 7.8 j< 1 1.30 10
%REMOVAL
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Monthly Limit 1 0.995 1 1 6-91 50 1 30 1 0 1 200
DEM Form MR-1 (12!83) ' ` t �
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MAXIMUM 10.364201 16.0 1 7.0 1 47 113.01 W 1 17.01 76 1 1 1 1 1 6.901 49
MINIMUM 10.19210 10 6 < 28 3.5 1 18 1 7.8 j< 1 1.30 10
%REMOVAL
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Monthly Limit 1 0.995 1 1 6-91 50 1 30 1 0 1 200
DEM Form MR-1 (12!83) ' ` t �
q/ o //o jUL lb 2014

5 FACILITY STATUS
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements 0
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation,
maintenance, etc., and a time table for improvements to be made.
The facility monthly average concentration of TSS was 40.5 and the NH3 average was 12.7.
"1 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief,
true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Chris Braund, Town Manager
Permittee (PI se print or ty
25- Jun -14
Signiture of Perm ee+` Date
PO Box 255, Lake Lure, NC 28746 828.625.9983 August 2013
Permittee Address Phone Number Permit Exp, Date
PARAMETER CODES
Page 1

Permit Enforcement History Details by Owner
10/7/2014
1
Owner: Town of Lake Lure
Facility ; Lake Lure VVVVfP
Permit: NCO025381
Region : Asheville County Rutherford
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
RV- 1993 -0044 6/11/93 $250.00 $0.00 $0.00 $0.00 No 7/1193
DV- 1997 -0011
4/23/98
$5,000.00
$394.24 5/21198 815/98 $2000
$3,394.24
$0.00
No
1017/98
CV- 1999 -0010
1/11100
$4,000.00
$179.10
$4,179.10
$0.00
No
2117100
LV -2000 -0332
8/8100
$1,250.00
$105.50
$1,355.50
$0.00
No
8/25/00
LV- 2000 -0397
9/18/00
$500.00
$105.50
$605.50
$0.00
No
10/11/00
LV -2001 -0240
7/9/01
$1,000.00
$105.50
$1,105.50
$0.00
No
10/8/01
LV- 2002 -0434
9/17/02
$1,250.00
$105.50
$1,355.50
$0.00
No
1018/02
LV- 2002 -0438
9/17/02
$250.00
$105.50
$355.50
$0.00
No
10/8102
LV- 2002 -0681
12/15102
$250.00
$105.50
$355.50
$0 00
No
12/30/02
LV- 2003 -0612
6 -2003
9/15/03
$250.00
$100.00
$350.00
$0.00
No
10/13/03
LV- 2003 -0778
9 -2003
12/15103
$250.00
$100.00
$350.00
$0.00
No
115/04
LV- 2004 -0204
10 -2003
6114104
$500.00
$100.00
$600.00
$0.00
No
6/29/04
LV- 2004 -0323
5 -2004
8/3/04
$250.00
$100.00
$350.00
$0.00
No
8/23/04
LV- 2004 -0437
6 -2004
911/04
$250.00
$100.00
$350.00
$0.00
No
9122104
LV- 2006 -0335
2 -2006
915/06
$250.00
$126.82
$376.82
$0.00
No
9/15/06
LV- 2007 -0032
7- 2006
2/8/07
$1,750.00
$126.82
$1,876.82
$0.00
No
12111107

LV- 2007 - 0033
8-2006
218/07
$2,000.00
$126.82
$2,126.82
10/7/2014
2
$0.00
No
12/11/07
LV- 2007- 0034
9 -2006
2/8/07
$2,000.00
$126.82
$2,126.82
$0.00
No
12/11/07
LV- 2007 -0035
10 -2006
2/9/07
$1,500,00
$126.82
$1,626.82
$0.00
No
12/11/07
LV- 2007 -0036
11 -2006
219107
$2,500.00
$126.82
$1,676.82
$0.00
No
12/11/07
SP- 2008 - 0023
4 -2008
12/2/08
$3,500.00
$0.00
$3,500.00
$0.00
No
12/5/08
SP- 2008 -0023
7 -2008
12/2/08
$3,500.00
$0.00
$3,500.00
$0.00
No
12/5/08
SP- 2009 -0001
8 -2008
115/09
$2,000.00
$2,000.00
$0.00
No
1/7/09
LV- 2010 -0303
4 -2010
9/8/10
$750.00
$67.00
1018/10 6/3/11 $0
$817.00
$0.00
No
9114111
LV- 2010 -0353
5 -2010
10/25/10
$1,000.00
$67.00
11/24/10
$1,067.00
No
LV- 2010 -0394
6 -2010
11/30/10
$1,000.00
$67.00
1/3111
$1,067.00
No
LV- 2011 -0015
7 -2010
1113/11
$2,250.00
$67.00
2/12/11
$2,317.00
No
LV- 2011- 0047
8- 2010
2/22111
$2,250.00
$67.00
3/21111
$2,317.00
No
LV- 2011 -0048
9- 2010
2/22/11
$1,562.50
$67.00
3/21/11
$1,629.50
No
LV- 2011 -0049
10- 2010
2/22/11
$1,250.00
$67.00
3/21111
$1,317.00
No
LV- 2011 - 0302
4 -2011
11/21/11
$1,125.00
$142.00
12/21/11
$1,267.00
No
LV- 2014 -0116
1 -2014
9/23/14
$1,000.00
$147.50
$1,147.50
No
LV- 2014 - 0119
4 -2014
9/23114
$1,750.00
$147.50
$1,897.50
No
Total Cases:
32
Total Penalty Amount:
$48,188
Total Enforcement Cost: $3373.26
Sum of Total Case Penalties: $51,560.76
Sum Of Total Paid: $34,334.26 Total Balance Due: $14,026.50
Total Penalties After Remissions: $48,360.76
-