NC0025861_LV20140061_20150728

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
July 23, 2015
CERTIFIED MAIL 7015 0640 0007 5707 4487 RECEIVEDIDENRIDWR
RETURN RECEIPT REQUESTED
JUL 2 8 2015
Water Quality
Secti
Mr. Al Greene, City Manager Permitting on
City of Lowell
101 West First Street
Lowell,North Carolina 28098
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NC0025861
Lowell WWTP
Gaston County
Case No. LV-2014-0361
Dear Mr. Greene:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$393.85 ($250 civil penalty+ $143.85 enforcement costs)against the City of Lowell.
This assessment is based upon the following facts: A review has been conducted of the self-
monitoring data reported for March 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0025861. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lowell violated the
terms, conditions, or requirements of NPDES Permit No.NC0025861 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 Resources, I, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the City of Lowell:
Mooresville Regional Office
Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115
Phone:[phone] Fax:[phone] Customer Service:1-877-623-6748
Internet:htlpJ/portal.ncdenr.org/web/wq

r
2. Submit a written request for remission 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 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 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 G.S. 143B-282.1(b)were
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 information presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Resources will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding 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"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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:

f
ATTACHMENT A
CASE NO.LV-2014-0361
Outfall Date Parameter Reported Value Permit Limit
001 Week ending 3/8/14 TSS 106.4 mg/L* 45.0 mg/L (Weekly Average)
001 3/31/14 TSS 30.5 mg/L 30.0 mg/L (Monthly Average)
* Denotes civil penalty assessment
The City of Lowell did not provide a response to NOV-2014-LV-0361 dated July 28,
2014. Mitigating factors were not found on the March 2014 DMR comments section to
result in a reduced civil penalty amount.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CITY OF LOWELL ) STIPULATION OF FACTS
PERMIT NUMBER NC0025861 )
FILE NO. LV-2014-0361
Having been assessed civil penalties totaling$393.85 for violation(s)as set forth in the
assessment document of the Division of Water Resources dated July 28,2014,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 Resources 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 ,2015
BY - -
ADDRESS
TELEPHONE

I
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2014-0361
Assessed Party: City of Lowell
County: Gaston
Permit Number: NC0025861
Amount Assessed: $393.85
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 applies. 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 (Le., 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: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: City of Lowell
Facility: Lowell WWTP
County: Gaston
Case Number: LV-2014-0361
Permit Number: NC0025861
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; no environmental harm has been documented from
the TSS violations.
2) The duration and gravity of the violation; The weekly average TSS concentration for the week
ending March 8, 2014 (106.4 mg/L) exceeded the permit limit of 45.0 mg/L by 136.4%. The TSS
monthly average concentration of 30.48 mg/L exceeded the permit limit of 30.0 mg/L by 1.6%.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown. Increased suspended solids (turbidity) increase the receiving stream's
water temperature, thus reducing the amount of oxygen and possibly harming aquatic life. TSS can
also reduce the amount of natural sunlight that penetrates through the water, further decreasing
oxygen production and photosynthesis. Finally, high levels of solids can kill fish by clogging their
gills, lowering their resistance to disease, and smothering their eggs.
4) The cost of rectifying the damage; The cost is unknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally; The Division of Water Resources
. has no evidence that the violations were 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; There have been 22 previous
CPAs with 2 CPAs issued in the past five years. The last CPA was issued on November 24, 2012 for
a weekly average TSS violation and a monthly average TSS violation (LV-2012-0162).
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $143.85.
to Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR