NC0021733_LM020150007_20150427

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AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor
Secretary
Certified Mail#7014 0510 0000 4466 0578
Return Receipt Requested
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April 27,2015 RECEIVEDIDENRIDWR
Lawrence Ponder,Mayor
Town of Marshall MAY 5 2015
PO Box 548 Water QtAality
Marshall,NC 28753-0548 permitting Section
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.NC0021733
Town of Marshall
Marshall WWTP
Case No.LM-2015-0007
Madison County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$452.26($293.00 civil penalty
+$159.26 enforcement costs)against Town of Marshall.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Marshall for the month of December 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. NC0021733.
The violations,which occurred in December 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Marshall violated the terms, conditions or
requirements of NPDES Permit No. NC0021733 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 Marshall:
2090 U.S.70 Highway.Swannanoa,NC 28778
Phone:[phone] Internet:www.ncdenr.gov<http://www.ncdenr.gov>
An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper

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250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0021733, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for BOD - •
Conc.
$43.00 for 1 of the 1 failures to properly monitor COPPER in violation of NPDES Permit No.
NC0021733. •
$293.00 TOTAL CIVIL PENALTY
$15926 Enforcement Costs
$452.26 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,factprs 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,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
j
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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.
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) dans 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
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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. Sam M.Hayes,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
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.
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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 [e-mail].
Sincerely,
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for S.Jay Zimmerman,P.G.
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)
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1.

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2015-0007 County: Madison
Assessed Party: Town of Marshall
Permit No.: NC0021733 Amount Assessed: $452.26
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
fi
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);
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(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 (ie., 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 MADISON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Marshall )
Marshall WWTP )
)
PERMIT NO.NC0021733 ) CASE NO. LM-2015-0007
Having been assessed civil penalties totaling $452.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 27. 2015, 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 Marshall
CASE NUMBER: LM-2015-0007
PERMIT: NC0021733 FACILITY: Marshall WWTP COUNTY: Madison REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$250.00 12-2014 001 Effluent BOD-Conc 12/6/14 Weekly mg/I 45 66 46.7 Weekly Average Exceeded
Monitoring Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$43.00 12-2014 001 Effluent COPPER 12/31/14 Monthly mg/I Frequency Violation

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Marshall/ NC0021733
(December 2014 DMR)
County: Madison
Case Number: LM-2015-0007
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. 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;
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 Weekly Average BOD exceeded the permit limit by 46.66%.
One Total Monthly Copper was not sampled per the NPDES permit.
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 aeration. It would also include more operating and maintenance
time on site and the cost of additional chemical treatment.
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 three civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR

. - L4345? alitf-;('leg-ig,i )
' EFFLUENT
NPDES PERMIT NO. NC0021733 DISCHARGE NO 001 MONTH December YEAR 2014
FACILITY NAME TOWN OF MARSHALL WWTP CLASS II COUNTY Madison
OPERATOR IN RESPONSIBLE CHARGE(ORC) Donald G. Byers GRADE _ 10939 ;
CERTIFIED LABORATORIES(1) Environmental Testing Solutions#NC600&Byers Environmental#5641 '
CHECK BOX IF ORC HAS CHANGED PERSONS COLLECTING SAMPLES Sheridan Byers-/DO ,Byers
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Mail ORIGINAL and ONE COPY to: y � 2-11\C3�2-11\C3ATTN:CENTRAL FILES DIV.OF ENVIRONMENTAL MANAGEMENTXc /el /1Z-01rDrc?' 4f2U15
DEHNR (SIGNATURE OF OPERATO-,{'�ESPONSIBLE CHADATE c 0 �� ''.:KN
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1617 Mail Service Center BY THIS SIGNITURE,I CERTIFY THAT THE REPORT IS - V
RALEIGH,NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE., •Ns.'
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5 FACILITY STATUS
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements 0
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements x a
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 exceed the weekly BOD5 average the week of Dec. 1. The monthly BOD5 average was below permit
"I 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. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
•A
Lawrence Ponder, Mayor
Perm*. -_ (Please print . type)
Or4 25-Jan-15 {iture of Permittee Date
PO Box Marshall, NC,28753 828.649.1282 SEPTEMBER 2015
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
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