NC0021211_LV20230286_20231030

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Graham
Facility Name: Graham WWTP
Permit Number: NCO021211
County: Alamance
Case Number: LV-2023-0286
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;
Effluent from this facility discharges to the Haw River, Class WS-V, nutrient -sensitive waters. Class WS-V
waters are waters protected as water supplies which are generally upstream and draining to Class WS-IV
waters or waters used by industry to supply their employees with drinking water or as waters formerly
used as water supply. Nutrient -sensitive waters are those that have a supplemental classification
intended to manage nutrient loading on the waters due to being subject to excessive growths of
microscopic or macroscopic vegetation.
2) The duration and gravity of the violation;
Over the reporting period, the weekly average BOD limit of 18 mg/I was exceeded on July 111 by 42.8%.
3) The effect on ground or surface water quantity or quality or on air quality;
Wastewater with a high BOD concentration has the potential to impact the classified uses of surface
water, as listed above.
4) The cost of rectifying the damage;
The cost of rectifying the damage would be equal to the cost of restoring any downstream impact.
5) The amount of money saved by noncompliance;
The amount saved by noncompliance is the amount the permittee would have spent to avert the
violations.
6) Whether the violation was committed willfully or intentionally;
DWR has no evidence that the violations were willful or intentional.
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
The permittee experienced seven other similar violations in the 12 months preceding these violations.

8) The cost to the State of the enforcement procedures.
$158.14
11/1/2023
Docu S�igfned by:
145B49B225C94BA...
Date Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 3160 0002 0860 6412
Return Receipt Requested
November 1, 2023
Frankie Maness, City Manager
City of Graham
PO Drawer 357
Graham, NC 27253-0357
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 WW Permit No. NCO021211
City of Graham
Graham WWTP
Case No. LV-2023-0286
Alamance County
Dear Mr. Maness:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $783.14 ($625.00
civil penalty + $158.14 enforcement costs) against City of Graham.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring
Report (DMR) submitted by City of Graham for the month of July 2023. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW
Permit No. NC0021211. The violations, which occurred in July 2023, are summarized in Attachment A to
this letter.
Based upon the above facts, I conclude as a matter of law that City of Graham violated the terms, conditions,
or requirements of NPDES WW Permit No. NCO021211 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 maybe assessed against any person who violates the terms, conditions or requirements of a permit
required by G.S. 143-215.1(a).
D ��� North Carolina Department of Environmental Quality i Division of Water Resources
Winston-Salem Regional office 1 450 West Hanes Miff Road, Suite 300 1 Winston-Salem, North Carolina 27105
���^�E^^�^�^��a•� 336.776.9800

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, Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the following
civil penalty assessment against City of Graham:
625.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0021211, by discharging waste
water into the waters of the State in violation of the Permit Weekly Average for BOD,
5-Day (20 Deg. C) - Concentration
625.00 TOTAL CIVIL PENALTY
158.14 Enforcement Costs
783.14 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, 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 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:
Wastewater Branch
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 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:
Wastewater Branch
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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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 Ron Boone with the Division of Water Resources staff of the
Winston-Salem Regional Office at [phone] or via email at [e-mail].
Sincerely,
Doc uSiTgned by:
-4'ME225CMEA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
1. Justification for Remission Request
2. Waiver of Right to an Administrative Hearing and Stipulation of Facts
3. Attachment A

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0286 County: Alamance
Assessed Party: City of Graham
Permit No.: NC0021211 Amount Assessed: $783.14
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 ALAMANCE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Graham
Graham WWTP
I]ailk] 111IE\[SIR \14111 1'sIPSII
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Having been assessed civil penalties totaling $783.14 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
120
SIGNATURE
ADDRESS
IflMUMM161M
day of

ATTACHMENT A
City of Graham
CASE NUMBER: LV-2023-0286
PERMIT: NCO021211
FACILITY: Graham WWTP
REGION: Winston-Salem
COUNTY: Alamance
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001— Effluent
Violation Report
Unit of Limit Calculated Over
Violation Penalty
Date Month/Yr
Parameter Frequency
Measure Value Value Limit
Type Amount
7/1/2023 7-2023
BOD, 5-Day (20 2 X week
mg/I 18 25.7 42.8
Weekly $625.00
Deg. C) —
Average
Concentration
Exceeded