NC0020940_LM-2015-0001_20150113

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7012 1010 0002 1965 8014
Return Receipt Requested
January 13,2015
William N Hughes
RECEIVED/DENR/DWR
Town of Murphy JAN 1 5 2015
PO Box 130
Murphy,NC 28906-0130 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 Permit No.NC0020940
Town of Murphy
Murphy WWTP
Case No.LM-2015-0001
Cherokee County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,159.26($1,000.00 civil
penalty+$159.26 enforcement costs)against Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Murphy for the month of May 2014. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0020940. The
violations,which occurred in May 2014,are summarized in Attachment A to this letter.
Based upon the above •facts, I conclude as a matter of law that Town of Murphy violated the terms, conditions or
requirements of NPDES Permit No. NC0020940 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 Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Murphy:
2090 U.S.70 Highway.Swannanoa,NC 28778
Phone:[phone] Internet:www.ncdenr.gov<http://www.nedenr.gov>
An Equal Opportunity'.Atlimiative Action Employer-Made in part by recycled paper

$1.000.00 1 of the 2 violations of 143-215.1(a)(6) and NPDES Permit No.NC0020940, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for TSS -
Conc.
0.00 for 0 of the 3 failures to properly monitor TEMP-C in violation of NPDES Permit No.
NC0020940.
$1,000.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$1.159.26 TOTAL AMOUNT DUE
•
Pursuant to G.S. 143-25,6A(c), in"determining the amount of the penalty I have taken into account the Findings of Fact 1
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 Environment and Natural Resources (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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
I
•
2

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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

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
§150B-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 DENR as follows:
Mr.John Evans,General Counsel
Department of Environment and Natural Resources
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. •
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
for Thomas A.Reeder,Director
Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REOUEST
Case Number: LM-2015-0001 County: Cherokee
Assessed Party: Town of Murphy
Permit No.: NC0020940 Amount Assessed: $1,159.26
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 preventfuture 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:
I
•

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CHEROKEE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Murphy )
Murphy WWTP )
)
PERMIT NO.NC0020940 ) CASE NO. LM-2015-0001
Having been assessed civil penalties totaling $1.159.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 13. 2015, the undersigned, desiring to seek remission of the civil penalty,
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 Resources within thirty (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 day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Murphy
CASE NUMBER: LM-2015-0001
PERMIT: NC0020840 FACILITY: Murphy WWTP COUNTY: Cherokee REGION: Asheville
Limit Violations
MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE !'MIT VALUE LIMIT VIOLATION TYPE
$1,000.00 5-2014 001 Effluent TSS-Conc 5/3/14 3 X week mg/I 45 77.70 72.7 Weekly Average Exceeded
$0.00 5-2014 001 Effluent TSS-Conc 5/17/14 3 X week mg/1 45 45.10 0.1 Weekly Average Exceeded
Monitoring Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$0.00 5-2014 001 Effluent TEMP-C 5/17/14 5 X week deg c Frequency Violation
$0.00 5-2014 001 Effluent TEMP-C 5/24/14 5 X week deg c Frequency Violation
$0.00 5-2014 001 Effluent TEMP-C 5/31/14 5 X week deg c Frequency Violation

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DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Town of Murphy WWTP/ NC0020940
(May 2014 DMR)
County: Cherokee
Case Number: LM-2015-0001
8 ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in G.S. 14313-282.1(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;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
Two Weekly Average TSS's exceeded the permit limit by 72.6%and 0.14%.
Three Weekly Temperatures were left off the DMR.
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.
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 enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR
01/13/2015

Permit Enfbm*meflt History Details by Owner `�'*
111312015
1
Owner: Town of Murphy
Facility: Murphy WWTP
PMnit: NCO020940
Region: Asheville County : Cherokee
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Pen
alty Enforcement Request Conf Remission Hearing Remission Remission Msmosont TOW Balance Pmt Case
Cass MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
PC-1998-0008 1/15/99 $5,200.00 $340.00 3/24/99 8/4/99 $0 $4,500.00 $0.00 No 12/30/99
LT-2003-0305 11/14/03 $3,000.00 $0.00 40.00 12/8103 2/4/04 $0 $3,000.00 $0.00 No 3/2104
LV-2006-0304 7-2006 9/29/06 $2,750.00 $165.75 $2,915.75 $0.00 No 1Oil 8/08
LV-2006-0459 8-2006 11/27M6 $1,000.00 $132.00 $1,132.00 $0.00 No 12/19/06
LV-20MO481 9-2006 12/14/06 $1,500.00 $132.50 $1,632.50 $0.00 No 1/16107
LV-2007-0019 10-2006 1112/07 $1,750.00 $132.50 $1,882.50 $0.00 No 217107
LV-2006-0435 6-2008 11/25/08 $250.00 $51.00 $0.17 $300.83 No 12/12/08
LV 2008-0438 7-2008 11125/08 $1,750.00 $51.17 $1,801.17 $0.00 No 12112/08
LV-2009-0140 1-2009 517MO $500.00 $51.00 6/8109 10120/09 $0 $551.00 $0.00 No 3/28N0
LV-200"141 11-2008 517/09 $2,500.00 $51.00 818109 $500 $2,051.00 $0.00 No 1017110
LV-2009-0179 3-2009 5/28109 $1,500.00 $51.00 $1,551.00 $0.00 No 4/19/11
LV-2009-0393 7-2009. 10/26/09 $1,500.00 $51.00 1115/09 4/3110 $750 $801.00 $0.00 No 1017/10
LV-20090394 8-2009 10/26M $1.000.00 $51.00 1114/09 W3110 $0 $1,051.00 $0.00 No 1014110
LM-2010-0023 12-2009 5/14/10 $375.00 $67.00 $442.00 $0.00 No 5/26/10
LV-2010-0180 2-2010 6/16/10 $2,187.50 $87.00 $2.264.50 $0.00 No 717110
LV-2010-0264 3-2010 8/17110 $312.50 $67.00 $379.50 $0.00 No 8/27/10

LV-2010-0274 4-2010 W24/10 $2,187.50 $67.00
1/1312015
2
$2,254.50 $0.00 No 9/7110
LV-2010-0351
5-2010
10/21/10
$2,187.50
$67.00
$2,254.50 $0.00
No
11/18/10
LV-2010-0407
7-2010
1219110
$375.00
$67.00
5221.O0
No
6/1/11
LV-2010-0408
8-2010
1219110
$4,125.00
$67.00
S2,096.00
No
6/1/11
LV-2010-0409
9-2010
1219/10
$2,625.00
$67.00
$1,346,00
No
6/1/11
LV-2011-0001
10-2010
115111
$3,750.00
$67.00
57,908.50
No
6/1/11
SP-2012-0003
12-2011
5/23/12 $1,000.00
$1,000.00
$0.00
No
5/30/12
SP-2012-0004
11-2011
5/23/12 $2,000.00
$2,000.00
$0.00
No
5/30/12
SP-2012-0005
10-2011
5123112 $4,000.00
$4.000.00
$0.00
No
5/30/12
SP-2012-0011
3-2012
8/20112 $3,000.00 $0.00
$3,000.00
$0.00
No
8/31/12
LV-2011-0032
11-2010
$2,500.00 $67.00
$2,567.00
No
Total Cases:
27
Total Penalty Amount $64.825
Total Enforcement Cost $1929.92 Sum Of Total Paid: $40,454.09 Total Balance Due: $8.439.33
Sum of Total Case Penalties: $56,754.92 Total Penalties After Remissions: $48,893.42

0
H.
EFFLUENT L
'JUL 6 2014 l
NPDES PERMIT NO. NCO020940 DISCHARGE NO. 1 MONTH MAY YEAR,
FACILITY NAME Town of Murphy WWTP CLASS__ COUNTY Cherokee
OPERATOR IN RESPONSIBLE CHARGE (ORC) Scott Helton GRADES PHONE [phone]
CERTIFIED LABORATORIES (1) Environmental Inc.
CHECK BOX iF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES Scott Helton
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH NC 27699-1617
BY THIS SIGNATURE, 1 CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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Facility Status: (Please check one -of the following)
All monitoring data and sampling frequencies meet permit requirements
. All monitoring 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.,
and a time -table for improvements to be made:
" 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 gaQw and evaluate the information submitted. Based on my inquiry
of 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 -
submitting false information, including the possibility of finest nd nn dsonment for knowing violations "
Anna A.Pa ne
P -(Pl or ty
�2
Signature of Peimittee** Date
(Required)
P.O. Box 130 Muruhy N.C. 28906 828&37-2510 8/31/2012.
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil & Grease 00951 Total Fluoride
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic
00080 Color (Pt -Co) 00610 Ammonia Nitrogen
00082 Color (ADMI) _. 00625 Total Kjeldhal 01027 Cadmium
Nitro en
00095 Conductivity
8
00630 Nitrates/Nitrites
01032
Hexavalent Chromium
00300 Dissolved Oxygen
01034
Chromium
00310 BODs
00665 Total Phosphorous
00340 COD
00720 Cyanide
01037
Total Cobalt
00400 pH
00745 Total Sulfide
01042
Copper.
00530 Total Suspended
00927 Total Magnesium
01045
Iron
Residue
00929 Total Sodium
01051
Lead
00545 Settleable Matter
00940 Total Chloride
01062
Molybdenum
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Tohune
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at [phone] or by visiting
the Water Quality Section's web site at h2o,ennsteamc.us/was and linking to the Unit's information pages.
Use 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.

rF
EFFLUENT 1
NPDES PERMIT NO. NCO020940
FACILITY NAME_Town of Murphy WWTP
OPERATOR IN RESPONSIBLE CHARGE (ORC)_
CERTIFIED LABORATORIES (1) Environmenta
CHECK BOX IF ORC HARMS 17 ; A D
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES J f I N 0 I I l
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTERCENTRAL Fi S
RALEIGIL NC 27699-1617 -1.1 -
tit
DISCHARGE NO. 1 MONTH April 44'F YEAR 2014
CLASS COUNTY Cherokee
Scott Helton . TRADE 3PHONE `828-837-5035
I Inc.
PERSON(S) COL CTma SAMPLF,§� Scott Helton 201
BY THIS SIGNATURE, I CEAUFY THAT THIS -REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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JUN 1 3 MA
DWQ Form MR-1 (01/00)