NC0025381_LV20160032_20160202

• PAT MCCRORY
DONALD R. VAN DER VA ART
.Serra*
Water Resources
ENVIRONMENTAL OUALf1Y S. JAY ZIMMERMAN
Dresmr
Certified Mail# 7014 0510 0000 4466 7775
Return Receipt Requested
January 28, 2016
Chris Braund, Town Manager RECEIVED/NCDEQ/DWR
Town of Lake Lure FEB 0 2 2016
PO Box 255
Lake Lure,NC 28746-0255 Water Quality
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 WW Permit No.NC0025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2016-0032
Rutherford County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$909.26 ($750.00 civil penalty+
$159.26 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 June 2015. 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.NC0025381. The violations,
which occurred in June 2015,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 WW Permit No. NC0025381 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of
Lake Lure:
State of North Carolina Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0032 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No.: NC0025381 Amount Assessed: $909.26
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 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:

ATTACHMENT A
Town of Lake Lure •
CASE NUMBER: LV-2016-0032
PERMIT: NC0025381 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
$750.00 6-2015 001 Effluent NH3-N-Conc 6/30/15 3 X week mg/I 9.40 13.60 45.1 Monthly Average Exceeded

• DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (FILE)
Violator: Town of Lake Lure
Facility Name: Lake Lure WWTP
Permit Number: NC0025381
County: Rutherford
Case Number: LV-2016-0032
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;
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 45.06%.
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 two civil penalty enforcements in the twelve months prior to this assessment.
8) The cost to the State of the enforcement procedures.
$159.26
0 t. Z1- • 2p((P
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

NPDES PERMIT NO.:NC0025381 PERMIT VERSION:4.0 PERMIT STATUS:Active
FACILITY NAME:Lake Lure WWTP CLASS:WW-2 COUNTY:Rutherford
OWNER NAME:Town of Lake Lure , ORC:Donald G Byers ORC CERT NUMBER: 10939
GRADE:WW-4. ORC HAS CHANGED:No
eDMR PERIOD:06-2015(June 2015) VERSION: 1.0 STATUS:Process _
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DIS z2'��.� E
B - a 50050 00010 00400 50060 00310 C0610 C0530 31616 C0600
o E F m p
E+ a a
I it 1C a .
a' -. F m ..1Continuous 2 X week 2 X week 2 X week 2 X week i 3 X week 2 X week 3 X week Semi-annually
e e a o
EE F, V 4 Recorder Grab Grab Grab Composite Composite Composite Grab Composite
G Va F. O 0 0 Z FLOW TEMP-C PH CHLORINE SOD-Com NH3-N-Cone TSS-Cone FEC COLI TOTAL N-
_
2400 Hrs 2400 Ars V/13/N mgd deg c SU ugh mg/I in mg/I N/100m1 mg/I
1 ,832 24 0815 3 y 0.2102 11.2 6.3 <28 17 14 26 I
1
2 847 24 0830 ,2 y 0.3562 11.4 6.4 <28 14 14 24 <1
3 842 24 0830 2 y 0.3701 11.3 6.7 <28 12 ,<1
4 0700 2 b 0.4013
5 0900 2 b 0.4614
6 1200 1 n 0.475
7 1215 1 n 0.474 115 6.4 <28 15 12 30 4
8 905 24 0700 3 b 0.0369
9 945 24 0845 2.5 b 0.4923 11.7 6.1 <28 12 11 24 2
10 930 24 0745 2.5 b 0.4523 11.5 6.1 37.5 9.9 I
11 0845 2 b 0.4193
12 0900 2 b 0.4192
T
13 1230 1 n 0.5572
14 1300 I u 0.5025
15 920 24 0830 3 y 0.3795 14.2 6.4 <28 16 15 48 42
16 830 24 0815 2 y 0.4179 12.7 6.4 <28 12 15 28 <1
17 850 24 820 2 y 0.4448 13 6.4 <28 II <1
•
18 1200 I y 0.5231
19 1400 3 y 0.4132
20 1030 1 n 0.5106
21 - 0815 1 n 0.3905 13.1 6.4 <28 14 15 25 <I
22 0820 4 y 0.4291 13.1 6.3 <28 ,14 15 20 1
23 822 24 820 2 y 0.3816 13.5 6.6 <28 18 5
24 927 24 0920 2 y 0.4331
25 852 24 0830 3 y 0.4181 .
26 0900 3 b 0.4789
27 1130 1 n 0.4529
28 1200 I n 0.5171
29 832 24 0820 3 y 0.3797 12.9 6.6 <28 19 16 31 4
30 830 24 0815 2 y 0.4399 12.8 6.1 <28 14 13 23 <I
Monthly Avenge Limit: OMS 30 /9.4 30 200
Monthly Average: 0.421263 12.421429 6.371429 2.678571 14.7 r 13.635714 ...)/ 27.9 1.876651
Daily Maximum: 0.5572 14.2 6.7 37.5 19 \ 18 X48 42
Daily Minimum: 0.0369 11.2 6.1 0 12 9.9 20 0
�� Monthly Avg%Removal(85%): .eY;_ -il,Fie}:r4 f .rs r ;`--?l '
.v: ^7+:tG'i.f'`� "�`4`
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/ / Division of aier eso s . ,- ,r 9
` AUG 262015 •
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Permit Enforcement History Details by Owner
1/27/2016
1
Owner: Town of Lake Lure
Facility: Lake Lure WWTP
Permit: NC0025381
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 Cost 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 7/1/93
DV-1997-0011 4/23/98 $5,000.00 $394.24 5/21/98 8/5/98 $2000 $3,394.24 $0.00 No 10/7/98
CV-1999-0010 1/11/00 $4,000.00 $179.10 $4,179.10 $0.00 No 2/17/00
LV-2000-0332 8/8/00 $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 10/8/02
LV-2002-0438 9/17/02 $250.00 $105.50 $355.50 $0.00 No 10/8/02
LV-2002-0681 12/15/02 $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 12/15/03 $250.00 $100.00 $350.00 $0.00 No 1/5/04
LV-2004-0204 10-2003 6/14/04 $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 9/1/04 $250.00 $100.00 $350.00 $0.00 No 9/22/04
LV-2006-0335 2-2006 9/5/06 $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 12/11/07

( 7,2o1 )
3
Total Cases: 35 Total Penalty Amount: $53,500 Total Enforcement Cost: $3815.76 Sum Of Total Paid: $34,334.26 Total Balance Due: $19,781.50
Sum of Total Case Penalties: $57,315.76 Total Penalties After Remissions: $54,115.76