NC0075701_LV-2015-0185_20150910

Pat McCrory
Governor
400
NCDENR
North Carolina Department of Environment and Natural Resources
September 10, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3441
RETURN RECEIPT REQUESTED
Mr. Michael Ferris, City Manager
City of Albemarle
P.O. Box 190
Albemarle, NC, 28002
Dear Mr. Ferris:
Donald van der Vaart
Secretary
RECEIVEDIDENRONR
SIEPIS2015
Water Quality
on
Permitting
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. NCO075701
Tuckertown WWTP
Iredell County
Case No. LV -2015-0185
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$596.97 ($450 civil penalty + $146.97 enforcement costs) against the City of Albemarle.
This assessment is based upon the following facts: A review has been conducted of the self-
monitoring data reported for October 2014. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0075701. 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 Albemarle violated
the terms, conditions, or requirements of NPDES Permit No. NCO075701 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 Albemarle:
Mooresville Regional Office
Location- 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] ! Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/webtwq
An Equai Opportunity i Affirmat,ve Action Employer — 30% Recycled/10% Post Consumer paper

$ 200.00 For 2 of the two (2) violations of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0075701, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
$ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0075701, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids.
$ 450.00
$ 146.97
$ 596.97
TOTAL CIVIL PENALTY
Enforcement costs
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 violations;
(2) The duration and gravity of the violations;
(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 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; and
(8) The cost to the State of the enforcement procedures.
Within thirty 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 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.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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. 14313-282.1(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
no
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 § 15013-23.2) 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
DENR
1601 Mail Service Center
Raleigh, NC 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 notice, 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 about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
�o
(Nate)
ATTACHMENTS
G
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

Outfall Date Parameter
ATTACHMENT A
CASE NO. LV -2015-0185
Reported Value Permit Limit
001 10/7/2014 TSS 1,718 mg/l* 45 mg/L (Daily maximum)
001 10/28/2014 TSS 58 mgl/* 45 mg/L (Daily maximum)
001 10/31/2014 TSS 888 mg/L* 30 mg/L (Monthly Average)
e Denotes civil penalty assessment
City of Albemarle response to NOV-2015-LV-0200 received on April 20, 2015 was .
reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil
penalty amount.

STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF ALBEMARLE
PERMIT NUMBER NC0075701
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0185
Having been assessed civil penalties totaling $596.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 23, 2015, 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
ADDRESS
TELEPHONE
BY
2015

JUSTIFICATION FOR REMISSION REQUEST
IDVWR Case Number: LV -2015-0185
Assessed Party: City of Albemarle
County: Stanly
Permit Number: NC0075701
Amount Assessed: $596.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of 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 pplied 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 penally 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 Albemarle
Facility: Tuckertown
County: Stanly
Case Number: LV -2015-0185
Permit Number: NC6075701
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 harm has been documented;
2) The duration and gravity of the violation;
The TSS daily maximum effluent limit violations exceeded the permit limit by 3,717.8% and 28.9%.
The TSS monthly average permit limit was exceeded by 2,860% during the month of October 2014.
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
water temperature, thus reducing the amount of oxygen, in water harming aquatic life. They also
reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen
production and photosynthesis. In addition, 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 1 previous CPA for the Tuckertown WWTP. The last CPA was issued on September 8,
2015 for TSS violations that occurred in August 2014.

8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97.
%to Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR