NC0051918_LM20090011_20161013

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
MU 2 1 2009
CERTMIED MAIL 7007 0710 0000 5376 5309
RETURN RECEIPT REQUESTED
RECEIVED
Mr. Lanny B. 011is OCT 13 2015
Cleveland County Sanitary District CENTRAL FILES
P. O. Box 788 DWR SECTION
Lawndale, NC 28090
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO051918
Cleveland County Sanitary District WTP
Cleveland County
Case Number LM -2009-0011
Dear Mr. 011is:
I have considered the information submitted in support of your request for remission in accordance with
G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $483.64 to the
total amount of $458.64.
If you choose to pay the modified penalty, send payment to me at the letterhead address within thirty
(30) days of receipt of this letter. Please make your check payable to the Department of Environment
and Natural -Resources (DENR).
If payment is not received within thirty (30) days of receipt of this letter; in accordance with N.C.G.S. §
143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my
recommendation (with supporting documentation) will be delivered to the North Carolina
Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the
attention of Bob Sledge at the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOrthCar011na
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877.623-6748 "
Internet: www.ncwaterquality.org AmtrallyAn Equal Opportunity \Affirmative Action Employer

Mr. Lanny B. 011is
'LM -2009-0011 Remission Decision
Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified' mail of the date, time,. and place that your oral presentation can be
made. Otherwise, the final decision on your request for remission will be made by the Committee based
on the written record.
Thank you for your cooperation in'this matter. If you have any questions about this letter, please contact
Bob Sledge at [phone].
Since y,
oleen H. Sullins
attachments
cc: Mooresville Regional Office
Enforcement file
Central Files

DWQ - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: LM -2009-0011 Region: Mooresville County: Cleveland
Assessed Entity: Cleveland Co. San. Dist. (Cleveland Co. WTP) Permit: NCO051918
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner: -
Facility notes it was wrongly cited for a monitoring violation. The WTP does not use chloramines and
therefore monitoring for ammonia nitrogen is not required.
The facility is correct in its interpretation of the ammonia monitoring requirement. The permit text was
unclear and is being corrected to reflect the circumstances at the facility. Remission in this matter
pertains only to the ammonia citation — the only issue brought up by the permittee in his request.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑ /
Full Remission ❑ Retain Enforcement Costs? Yes [✓
Partial Remission[VS (Enter Amount)
Rev. 7/7007

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1 LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: B. Sledge
FROM: M. Allocco
THROUGH: R. Krebs l a
DATE: May 6, 2009
SUBJECT: Request for Remission of Civil Penalty Assessment
NPDES Permit Number NCO042293
Cleveland County Sanitary District WTP
Cleveland County
Case Number LM -2009-0011
MRO staff has reviewed the subject request for remission. The permittee contends that "one or
more of the civil penalty assessment factors in N.C.G.S. 143 -B -282.1(b) were wrongfully applied to the
detriment of the petitioner." Specifically the permittee notes that the penalty for failure to monitor
ammonia -nitrogen ($25.00) does not apply to the Cleveland County Sanitary District WTP because
quarterly monitoring is required only if chloramination is utilized for disinfection of the potable water
and chloramination is not used as the permitted facility.
MRO supports rescission of the $25.00 civil assessment for failure to monitor ammonia -nitrogen.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer —50% Recycled/10% Post Consumer paper
Nne
orthCarolina
asmall

Remission Request Case Summary
Cleveland County Sanitary District
Cleveland County WTP
NPDES Permit NCO051918
LM -2009-0011
DMR Month: November 2008
Parameters Violated:
TSS Monthly & Daily Max. limit
Fluoride & Ammonia Monitoring
Penalty Assessed
Civil Penalty: $400.00
Enforcement Costs: $83.64
Total: $483.64
Remission Factors Pleaded
( x) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
() Whether the violator promptly abated continuing environmental damage resulting from the violation;
() Whether the violation was inadvertent or a result of an accident;
() Whether the violator had been assessed civil penalties for any previous violations;
() Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Request Summary
The facility states that according to the footnote on the permit limits and monitoring page, it is
not required to perform monitoring for ammonia nitrogen. The facility is requesting remission
only for the penalty assessed for failure to monitor for ammonia.
Staff Review
The facility is correct, although the permit language is such that it is unclear what is actually
being required. The permit should not have included monitoring for ammonia based upon
questioning of the permittee prior to permit issuance. The permit is being modified to correct the
error. Based upon the content of the remission request, it is recommended that the penalty be
remitted by $25.00, to a total amount of $458.64. The Central Office and the Mooresville
Regional Office concur in this recommendation.

J
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CLEVELAND COUNTY SANITARY ) STIPULATION OF FACTS
DISTRICT 1
PERMIT NO. NCO051918 )
FILE NO. LM -2009-0011
Having been assessed civil penalties totaling $483.64 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated March 16, 2009, 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 Quality 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
RECEIVED
APO - 3 2009
DENR - WATER OUALITY
POINT SOURCE BRANCH
day of IQ On' I , 2009
1 A ' 1 46 9& e -
BY
ADDRESS
�(e J land Co y n _F j L3 cr e C
Po 8o x 78'T
La wocla le NC 296 ? D
TELEPHONE
-76,f- 53 g" - 9o33

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: LM -2009-001 I
Assessed Party: The Cleveland County Sanitary District
County: Cleveland
Permit Number: NC0051918
Amount Assessed: $ 83,64 — ?.Sas -Par -Fa i lure to mons+or -�Io, ammam;d - ti; +ro!)ey1."
Tkis does no+ app 6i -fm e(evelmrO (o ff, n -� Wa-6_r, Sea na+a below.
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRipht to an Administrative Hearing, and Stipulation offacts"
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 applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document); Qndep FeoinoyteS Q u,an'1 erlt mani to r i ng i 9 mj9 its only ;f
C h lora ontn a -t1 a r% is 1; Zed. Cledelird Cok n4-1 U*er does. no+ U30-Chlcr,enu na` or%
.4her� re The Ci,UI 1 v1a1.�,� W 5 t,snenqq��ully a.pplt'0�d:.
�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: (use additional pages as necessary)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
-I ne-perm.i ee s a -report toAFFMrec or or the appropna a Kegional Uttice any noncompliance a -po en is y— -- -- — —
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"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. Based on my inquiry of the person or persons who managed 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 submitting false information, including the possibility of
fines and imprisonment for knowing violations."
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Lanny B. 011is
Permittee (Please print or type)
g ature of Pe ttee*** Date
(Required unless submitted electronically)
Permittee Address Phone Number e-mail address Permit Expiration Date
PO BOX 788 LAWNDALE NC 28090 704-538-9033 [e-mail] Aug 312013
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2) Pace Analytical (Asheville Lab) Certification No. 40
Certified Laboratory (3) Pace Analytical (Huntersville Lab) Certification No. 12
Certified Laboratory (4) Certification No.
Certified Laboratory (5) Certification No, -
l'I
f
PARAMETER CODES
2009
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's inforrpation pages:..
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period. ' .
** ORC On Site?: 0 R must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
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