NC0025909_LV20160047_20160201

WaterResourres
ENVIRONMENTAL OVALiTY
Certified Mail # 7014 0510 0000 4466 1025
Return Receipt Requested
February 1, 2016
Doug Barrick
Town of Rutherfordton
129 N Main St
Rutherfordton, NC 28139
PAT MCC:RORY
Gcr4rnvr
DONALD R. VAN DER VAART
Sscretan
S. JAY ZIMMERMAN
Dkecmr
SUBJECT: Notice of Violation and Assessment of Civil Penalty RECEIVEDUDEUDWR
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) FEB 0 S 2016
and NPDES WW Permit No. NCO025909
Town of Rutherfordton Water Quality
Rutherfordton WWTP Permitting Section
Case No. LV -2016-0047
Rutherford County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $409.26 ($250.00 civil penalty +
$159.26 enforcement costs) against Town of Rutherfordton.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Town of Rutherfordton for the month of August 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. NC0025909. The
violations, which occurred in August 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Rutherfordton violated the terms, conditions or
requirements of NPDES WW Permit No. NCO025909 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
Rutherfordton:
State of North Carolina I Environmental Quality i Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0025909, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FEC COLI.
$250.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
409.26 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 §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 DEQ as follows:
Mr. Sam M. Hayes, 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0047
Assessed Party: Town of Rutherfordton
Permit No.: NCO025909
County: Rutherford
Amount Assessed: $409.26
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 maybe 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
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
To` rn of Rutherfordton
Ru therfordton WWTP
PF RMIT NO. NCO025909
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0047
H iving been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the Division
o 'Water Resources dated February 1, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby
v aive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
a 3sessment document. The undersigned further understands that all evidence presented in support of remission of this civil
Fenalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
c f assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
:otice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Town of Rutherfordton
CASE NUMBER: LV -2016-0047
PERMIT: NCO025909 FACILITY: Rutherfordton 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
$250.00 8-2015 001 Effluent FEC COLI
8/29/15 3 X week
#/100ml
400 640.60
60.2 Weekly Geometric Mean Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File Copy)
Violator: Town of Rutherfordton
Facility Name: Rutherfordton WWTP
Permit Number: NCO025909
County: Rutherford
Case Number: LV -2016-0047
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 Weekly Geometric Mean Fecal Coliform exceeded the permit limit by 60.15%.
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 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 no civil penalty assessments in the twelve months prior to this assessment.
8) The cost to the State of the enforcement procedures.
$159.26
Z- '. . I-kr>
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

r. E t
NPDES PERMIT NO, NC002P09 DISCHAR A zs 001
FACILITY NAME Rutherfor `n WWTP�
OPERATOR IN RESPONSIBLE 01ARG OK6) oP(iillip Reynolds
CERTIFIED LABORATORIES (1)`- nvironmeW'% One
CHECK BOX IF ORC HAS CHANGED PFRsn
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
50050
DIVISION OF WATER QUALITY
QQ400r
1617 MAIL SERVICE CENTER
0031.0
RALEIGH, NC 27626
00530
T (T--6; 6 r 4 � ��)
ITH Aug YEAR 2015
CLASS III COUNTY Rutherford
GRADEIV PHONE [phone]
(2)
COLLECTING SAMPLES Phillip Reynolds, Marcus Harper
(SIGN)TURI?;F EATOR I SPONSIBLE CHARGE)
j :, BY -.1W SIGNATURE I CERTIFY THAT THIS REPORT IS
20 1-a CURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
DAIE
x2
DEM Form MR -1 (01/00) ro-(
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50050
,0001.
QQ400r
50060
0031.0
00610
00530
31616
00300
00600
00665
00625
01147
D Oper
Arrival
Time
E
Oper
Time
On
Site
ORC
On
Site
FLOW
Eff x
Inf
Daily
Rate
TempTotal
Celsius
pH
Resd
CL2
BOD5
20 C
NH3N
TSSD.O.
UrF�ECALA
TotaT
NitrogenP
TKN
Mo
Hrs
Hrs
Y/N
MGD
C
SU
UG/L
MG/L
MG/L
MG/L
#/100ML
MG/L
MG/L
MG/L
MG/L
UG/L
1 800,
1.0
Y
0.391
2 900
1.0
Y
0.383
- 3 600
8.0
Y ; _
- 0.400 ` >
22.0
6.10
<20.0
3.2 -
0.07:
<2.5
<1.0
7.7
25.38
4.14
1 '0.78
4 630
4.0
Y
0.422
23.0
6.60
23.0
3.6
0.12
<2.5
1.0
6.6
5 630
1 A'
Y
0.420
23.0
7.00 -
<20.0
2.8'
0.05 ;
<2.5 ;
5.0 "'
6.3
6 -600
1.0
Y
0.459
23.0
7.00.
<20.0
6.5
7 ' 600
1.0
Y..
0,4521.
23.0
6.90`S
�<20.0
5.9
8 800
4.0
Y
0.407
9 830
4,0
Y :
0.392
_
-
10 630
8.0
Y
0.444
23.0
6.10
<20.0
4.6
0.06
<2.5
<1.0
6.7
11 630
8.Q..
Y .
0.408
23.0
6.50
<20.0
3:3
_0:04',
<2.5 .
4.0
6.4
12 730
-13---630
8.0
Y
0.396
23.0
6.80
<20.0
3.3
0.09
<2.5
20.0
6.5
8.0,;
Y .
0.404
22.0
7.10
<20.0
..
7.0
14 600
4.0
Y
0.409
22.0
6.80
6.9
15 800
10
Y
0.386
6 800
1.0
Y
0.382
17 630:
8.0
Y
0.371
23.0
6.20
<20.0
52.0
0.13.
<2.5:
7.0
6.8
26.10
4:05
1 10
18 630
8.0
Y
0.345
23.0
6.50
<20.0
<2.0
0.19
<2.5
<1.0
6.9
19 730
1.0
Y
-0.438
'2370.:520.0
<2:0
0.15
<2.5
10.0
6:2
20 630
8.0
Y
0.448
24.0
7.00
<20.0
6.4
21 630:
1.0,
Y
0.458'
24.0 ;:
7.10.
<20:0'
6:7.
22 800
1.0
Y
0.41.4
23 800
1.0 -
Y0.4161.,
.._.
-
24 630
8.0
Y
0.471
23.0
6.20
<20.0
<2.0
0.16
3.1
5,100.0
6.7
"
25 600
8.0
Y
1 0.466
23.0 -
6.40 ,
>20.0
<2.0
0.15.
<2.5
4,700.0
7.0
26 730
8.0
Y
0.284
22.0
6.70
<20.0
<2.0
0.15
<2.5
736.0
7.1
27 1,100
4.0
Y -
` 0.422
22.0 3
7.10 ' %30.0
44.0
7.0
28 900
4.0
Y
0.426
23.0
7.10
<20.0
139.0
7.0
29 800- -
4.0
Y
" 0.394
-
30 900
4.0
Y
0.398
31 = 630
8.0 :
Y
0.458
21.0 -
6 50 ,;fl -<20:0-4'
2:0
0.09. ' '
' <2.5 =
3.0 '
7.2"
AVERAGE
0.412
22.83.7
1.6
0.11
0.2
18.4
6.7
25.74
4.10
0.94
MAXIMUM
0.471
24.0r6.1
.30.0
4.6
0.19
3.1
5,100.0
7.7
26.10-
4.14
1.10
MINIMUM
0.284
21.0<20.0
<2.0
0.04
<2.5
<1.0
5.9
25.38
4.05
0.78
Comp(C)/Grab (G)
G
G
C
C
C
G
G
C
C
CC
Monthly Limit
1.0
-
50
30.00
30.00
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DEM Form MR -1 (01/00) ro-(
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x' I
Facility Status: (Please check One of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
anfl A time-tahla fnr imnrn--onto to ha mnrta
" I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. B ased on my inquiry
Df the person or persons who manage the system, or those persons directly responsible for gathering the information, the information
Submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
'ubmitting false information, including the possibility of fines and imprisonment for knowing violations."
Town of Rutherfordton
Gary S,PelVack
rmitt�'(Pleas print
828-287-35
xtw�--ARNMM
July 31, 2013
Permittee Address Phone Number
129 N. Main Street, Rutherfordton NC 28739
Permit Exp. Date
PARAMETER CODES
)0010 Temperature
00556 Oil & Grease
00951
Total Fluoride
01067
Nickel
50060 Total
)0076 Turbidity
00600 Total Nitrogen
01002
Total Arsenic
01077
Silver
Residual
)0080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092
Zinc
Chlorine
)0082 Color (ADMI)
00625 Total Kjeldhal
01027
Cadmium
01105
Aluminum
)0095 Conductivity
Nitrogen
00630 Nitrates/Nitdtes
01032
Hexavalent Chromium
01147
Total Selenium
71880 Formaldehyde
x0300 Dissolved Oxygen
01034
Chromium
31616
Fecal Coliform
71900 Mercury
x0310 BODS
00665 Total Phosphorous
32730.
Total Phenolics
81551 Xylene
)0340 COD
00720 Cyanide
01037
Total Cobalt
34235
Benzene
)0400 pH
00745 Total Sulfide
01042
Copper
34481
Toluene
x0530 Total Suspended
00927 Total Magnesium
01045
Iron
38260
MBAS�
Residue
00929 Total Sodium
01051
Lead
39516
PCBs
)0545 Settleable Matter
00940 Total Chloride
01062
Molybdenum
50050
Flow
?arameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at [phone] or by visiting
he Water Quality Section's web site at h2o enr.state.nc.us/wns and linking to the Unit's information pages.
Jse only units designated in the reporting facility's permit for reporting data.
ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
* If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b)
2) (D)•