NC0024244_NOV and Intent to Assess_20240913

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Michael J Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
NORTH CAROLINA
Environmental Quality
September 13, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-LV-0796
Special Order of Consent — WQ S19-007
Permit No. NCO024244
Long Creek WWTP
Stanly County
Dear Mr. Ferris:
A review of the July 2024 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
Solids, Total Suspended - 7/31/2024 35 38.1 Monthly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. Please respond in writing within ten (10) business days after receipt of this Notice, stating whether the
violation(s) has been corrected, or if it is of an ongoing nature. If the violation(s) has been resolved, your
response should include a description of the actions that were taken to address the violation(s) and to prevent
their reoccurrence.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Caroltna 26115
704.6631699

If the violations cited in this Notice are of a continuing nature, you must provide a report to DWR's Mooresville
Regional Office that includes the following information:
• Owner and Facility Name, and NPDES Permit Number.
• A list of violations that have occurred during the noncompliant episode.
• A statement summarizing the facility's investigation of the noncompliance, indicating its cause.
• The facility's corrective action plan or strategy to address the noncompliance.
• A statement describing the facility's implementation of its corrective action plan, including the date of an
anticipated return to consistent compliance.
Your response and/or report should be submitted to my attention to the address at the bottom of the first
page, or you may send it as an attachment to an email to [e-mail]. Either form of
reply should be submitted within ten (10) business days.
Furthermore, if you wish to provide any additional information regarding the noted violation(s)
that may affect the Division's enforcement response, please include that information as part of
your response. This information, along with statements provided on the submitted Monitoring
Report(s), will be evaluated in the consideration of any assessment of civil penalties related to the
violation(s).
Please be aware that it is a condition of your NPDES permit that you adequately address such violations (Part II,
Section B. 2 - the "Duty to Mitigate" condition). Violations of a continuing nature can justify the assessment of
increased civil penalty amounts to address the noncompliance.
If you have any questions concerning this matter, wish to request technical assistance, discuss overall
compliance, please contact Wes Bell of the Mooresville Regional Office at 704-663-1699, or via email at
wes.bell@)deg.nc.gov.
Sincerely,
EA
DocuSigned by:
oaH P
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Michael Ferris, City of Albemarle (via eCopy)
Brian Hinson, City of Albemarle (via eCopy)
WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 26115
704.6631699