NC0025381_LV20160042_20160129

PAT MCCRORY
ve nicr
DONALD R. VAN DER VAART
Serretan
Water Resources
ENVIRONMENTAL OUALrtY S. JAY ZIMMERMAN
Drew,
Certified Mail# 7014 0510 0000 4466 0981
Return Receipt Requested
January 29, 2016 RECEIVED/NCDEQIDWR
Chris Braund, Manager Town FEB 0 2 2 016
Town of Lake Lure
PO Box 255 Water Quality
Permitting Section
Lake Lure,NC 28746-0255
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-2016-0042
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 July 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 July 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 I 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:
(I) 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-2016-0042 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-2016-0042
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 7-2015 001 Effluent NH3-N-Conc 7/31/15 3 X week mg/I 9.40 14.00 48.9 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-2016-0042
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 48.85%.
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
I
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

gyers
Environmental Inc. PPO.sox 729
tester and Wastewater System Optaations Ptah Forest,NC 28
11 November,2015
G.Landon Davidson,PG
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
2090 US Highway 70
Swannanoa,North Carolina 28778
RE: Notice of Violations
NOV:2015-LV-0670
Town of Lake Lure WWTP
Permit No.NC0021733
Rutherford County
Mr.Davidson,
The following information is provided address the violation described in NOV-2015-LV-0670 issued to
the Town of Lake Lure WVVTP.
The.Wastewater Treatment Facility exceeded the monthly limit for NH3-N the month of July 2015 due to
the lack of process equipment at the facility to remove NH3-N. The Town has since that time
implemented an aggressive sludge removal project and has removed 210,000 gallons of sludge from the
plant.This project has resulted in NH3-N reduction in the facility's effluent and the facility is compliant
for NH3-N for the month of October 2015 with a monthly average <9.4 mg/i. The Town will continue
sludge removal at the required rate for efficient plant operation in the future.
If you have questions or need further information,please let me know.
Since ,
ti "4c,,
Donald G.Byers
Byers Environmental Operations,Inc.

,` NPDES PERMIT NO.:NC0025381 PERMIT VERSION:4_0 PERMIT STATUS:Active ....-1:4 -$94-�
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 SENT TO STATE
eDMR PERIOD:07-2015(July 2015) VERSION: 1.0 STATUS:Processed
�
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
I
6 E H a 50050 00010 00400 50060 C0310 C i C0530 31616 C0600
I-p. d n
em
S 9 < F y Continuous 2 X week 2 X week 2 X week 2 X week 3 X week 2 X week 3 X week Semi-annually
a
I V r at. U a Recorder Grab Grab Grab Composite Composite Composite Grab Calculated
G U I- O O O Z FLOW TEMP-C PH CHLORINE BOD-Cone NA3-N-Cone TSS-Cone FEC COLI TOTAL N-
2400 Ars 2400 Ars Y/B/N mgd degc su ugl mg/1 mg/I mg/I 8/100m1 me
1 845 24 820 3 y 0.453 12.8 6.8 <28 • " <1
2 8l5 2 y 0.4892
3 0900 1.5 b 0.4963
4 1330 1 n 0.6157
5 1100 I n 0.4902
6 843 24 830 3 y 0.4705 14 6.7 <28 26 17 23 1 17
7 852 24 845 2 y 0.4808 14 6.7 <28 13 16 23 <1
8 1000 24 920 3 y 0.4792 14 6.6 <28 12 <I •
9 830 2 y 0.4189
10 830 4.5 b 0.5213
11 , 1230 1 n 0.5133
12 1330 I n 0.5118
13 900 2 y 0.4464
14 906 24 900 2 y 0.4401 13 6.5 <28 12 16 16 <1
15 848 124 840 2 y 0.4846 13 6.5 <28 14 11 30 r 1
16 925 24 _910 4 y 0.4693 13 6.7 <28 16 1
17 835 2 y 0.4582
18 1300 I n 03885
19 1230 1 e 04962
20 915 24 900 2 y 0.4301 14 6.6 <28 413 9.2 12 2
21 906 24 900 3 y 0.4729 13 6.8 .<28 6.9 8.7 34 1
22 855 24 830 2 y 0.4785 13 6.8 16 <1
2.3 920 3 y 0.4828
24 915 3 b 0.5067
25 1200 1 n 05127
26 1630 1 n 0.5664
27 907 24 900 3 y 03458 13 6.4 <28 15 15 24 18
28 848 24 820 4 y 0.3982 14 6.6 <28 14 14 24 <2
29 938 24 830 2 y 0.5031 14 6.4 <28 16 7
30 815 2 b 0.5031
31 820 4 _y 0.4878
Monthly Average Limit 0.495 30 9.4 30 200
Monthly Average: 0.484245_„ ,.,.13.446154 6.623077 0 14.2375 ,13.992308 23.25 1.530112 17
Daily Maximum: 0.6157 14 •- 6.8 0 26 34 18 17
Dally Minimum: 0.3458 12.8 1 6.4 0 6.9 8.7 12 0 17
1Nonthltgxg-•✓..RemovD1517.):.,
'1.1
Divl icn r.);Wee,. .i-,...._ _ s
/a /s sEP '1 (3 2u,3
RECEIVED
/✓ot- ....i... �NN6 2%' G SEF 04 215
1fl,t�;n i u= 4V--2-0/4 -ct y4a ®WR SECTION

( 1...!,ce c-0--ily
•
Permit Enforcement History Details by Owner
1/28/2016
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 Damages Received Held Amount Held Amount Amount To AGO Plan Closed
pp Amount Costs Paid Due
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

1/28/2016
3
Total Cases: 36 Total Penalty Amount: $54,250 Total Enforcement Cost: $3975.02 Sum Of Total Paid: $34,334.26 Total Balance Due: $20,690.76
Sum of Total Case Penalties: $58,225.02 Total Penalties After Remissions: $55,025.02