NC0031879_LV20150268_20151118

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Certified Mail # 7014 0510 0000 4466 8833
Return Receipt Requested
November 18, 2015
Mr. Robert J. Boyette, City Manager
City of Marion
P.O. Drawer 700
Marion; North Carolina 28752
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. NCO031879
City of Marion
Corpening Creek WWTP
Case No. LV -2015-0268
McDowell County
Dear Permittee:
Donald R. van der Vaart
Secretary
RECEIVED/DENR/M
NOV 2 4 2015
water Quaf
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $659.26 ($500.00 civil penalty +
$159.26 enforcement costs) against City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted'by City of Marion" for the month of January 2015.- This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0031879. The violations, which
occurred in January 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of laW thai'City of Marion violated the terms, conditions or
requirements of NPDES Permit No. NCO031879 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,
Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against City of Marion:
2090 U.S. 70 Highway, Swannanoa, NC 28778
Phone: [phone] \ Internet: www.nedenr.gov <http://wN.ww.iiedenr.gov>
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0031879, by discharging waste l
water into the waters of the State in violation of the Permit Weekly Average for CYANIDE. f
500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0031879, by discharging waste
3
water into the waters of the State in violation of the Permit Weekly Average for TSS - Cone.
$500.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
$659.26 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 o &c'tifying 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 paymeaof 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: r
NPDES Compliance/ Enforcement Unit
Division of Water Resources
- 1617 Mail Service Center
Raleigh, North Carolina 27699-1617 .

.1 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 Envirorme::tal 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_Q 0Lys 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

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: `1
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 (3 0) 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.

f
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, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
N, PDES_Compliance/Enfa`rcement unit =Enforcement File
Central Files, Water Quality Section
G •WR tivQ Creel. W17P . 18PTLV -2015-v2e8 rtf
(w/attachments)
(w/attachments)
(w/attachments)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2015-0268 County: McDowell i
Assessed Party: City of Marion
Permit No.: NC0031879 Amount Assessed: $659.26
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. § 14313-282.1(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. 14313-282.1(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 MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CITY OF MARION
CORPENING CREEK WWTP
PERMIT NO. NCO031879
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2015-0268
Having been assessed civil penalties totaling $659.26 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated November 18, 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
El 193 91 .11=1
TELEPHONE
SIGNATURE

ATTACHMENT A
City of Marion
CASE NUMBER: LV -2015-0268
PERMIT: ` NCO031879 FACILITY: Corpening Creek WWTP COUNTY: McDowell
Limit Violations
REGION: Asheville
MONITORING OUTFALL/
VIOLATION
UNIT OF
CALCULATED
" % OVER
PENALTY
REPORT PPI LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE
LIMIT
VIOLATION TYPE
$0.00
1-2015 001 Effluent CYANIDE
1/10/15
Monthly
ug/I
7.50 15
100.0
Weekly Average Exceeded
$500.00
1-2015 001 Effluent TSS - Cone
1/3/15
5 X week
mg/I
45 82.30
82.9
Weekly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FII..E)
Violator: City of Marion
Facility Name: Corpening Creek WWTP
Permit Number: NCO031879
County: McDowell
Case Number: LV -2015-0268
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.
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;
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 Average TSS exceeded the permit limit by 82.94 %.
One Weekly Average Cyanide has been explained to the satisfaction of this Office.
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.
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
Division of Water Resources, NCDEQ

EFFLUENT
NPDES PERMIT NO: NCO031879 DISCHARGE_ NO: 001,'
01 MONTH -:.Jan YEAR 2015
FACILITY NAME: CORPENINGCREEK WWTP CLASS: IV COUNTY: McDowell
OPERATOR IN RESPONSIBLE CHARGE.(ORC): LARRY CARVER ` `'=" =" Grade: IV ; PHONE: [phone]
CERTIFIED LABORATORIES: 1. CORP. CR. WWTP 2. ETS LAB
CHECK BOX IF ORC HAS
P n [S1 Collecting Samples: ' :STAFF
Mail ORIGINALandONPCOPY to: ���
ATTN: CENTRAL FILES
DIV. OF ENVIRONMENTAL MANAGEMENT
DEHNR
CENTRA
P.O. BOX 29M mn/RF
2015
G R F OPERATOR IN RESPONSIBLE CHAR) y o�� DATE
BYrTHISSIONATURE tCERTIFYTFUITTHISREPO N L I�� s 9 �01�
r ACCURA7E.AND_COMPLETE TO,THE;BEST••OF MY -KNOWLEDGE E .
,. ��(gGG1f��(0q
. 00310 • `610.00 ". ±,i.: =,186. - - 300.0 00800 00886 .'' "
Denotes Ammonia Limits: Monthly�Ayerage Weekly Average l i
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V40Code - -en "D to' `e' Qua I -viwith NC DENWDIIVQ Approved Cc
DEM Form MR -1 (12/93)
L -
RECEIVE®
D'msion of Water,Resources
.,MAR `23'`2015
- . .
Water Quality Regional Operations
Asheville Regional Office
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V40Code - -en "D to' `e' Qua I -viwith NC DENWDIIVQ Approved Cc
DEM Form MR -1 (12/93)
L -
RECEIVE®
D'msion of Water,Resources
.,MAR `23'`2015
- . .
Water Quality Regional Operations
Asheville Regional Office

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
,AU,monitoring data and sampling frequencies do NOT meet . permit requirements�
Noncompliant
The permittee shall report to'the Director or the appropriate Regional Office any noncompliance that, potentially
threatens public health or the environment. Afiy'infiorinatioii-shaU'be-j"`' ided orally within 24 hours from the time, the ".-
permittee became aware of the circumstances. A written submission shall also be providd&Withiti5'da:ys-dflhe'fibne fife"
becomes -aware-
pe e,,'ofthe,circumstaftees. __--,J_­
If the facility. is noncompliant, please attach a list of corrective actions being -,taken and a time -table, for
impioiemefits to: be -made as requireo by'P'a'rt H.E.6 of the NPDES Oermit-
I certify,widef penalty of law, that this document and all attachments were prepared under my direction orsupervistoff
in accordime with asystem desd_t_o, assure 4atqual 'i"Mi. properly, gather and evaluate theinformation-
�igne, , ed personnel p
inquiry'of th6iperson or- persqps who manage -persons iespb&�bl
s ubmitt6d 1.- Based: ion' -: 'my h' d the,, system, or those e,.
for gathering:&idoimation, the'irdormaii --lo - the kn6w16dge'and belief, true_,'a6curate-_ and. on submittd' is, es o my
coin _fete. � l,'Am aware that p4qj#0sfior submitting false information
including the possibility of
'j
fines and-inipris,onment,,for,knowv-n violations.,,., .
City
Manager
Robert J'Boyette
P-1
6ratifte -(Please'print 6ft$�o
- a** Dale.
Signaturq_ofPe
m
ie 'd ele6&oni6"y)'--
�f�eq*04-unl ss sub
--l/3l/20l'5,,"
T 0 Ditiwet-700, City of MarionNG 28752 -(828)652-8_84�­
Phon6'Nuifiber- e;1na addr6s-
ess, . `rpeirimif E4kaion gate'
ADDITIONAL CERTIF-IED;LABORATORILES,
Certified,Laboratory (2) Certification
Certified
'Certification No.'
e Labor (3)
_j- .... ...
Cert�ffledlab6rAtory(4
Certi Pd Labor4t66 (5)
J_
TER -CODES,
........ b 'btdinbd by cAll#*--the NPDES Unitt,dt-(919 807-63
06` 4'by visiting
Patabietek, Cb& a§§istanc
-1 . I . I , - . I - ", I - , ­ - �_, - - ) '
paq. e o
httpJ/p&Wn CA ei s/fip-des/appforms. .-i
Use only units -of inea'suremendde7signated in --&6 'repor-t'iii'g--'-facilit'y''s -NPDES , 06rmiff& ie0ordng datEL
No FloWIDischarge 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 withe
- DMR for the entire monitoring -pefiod.
ORGOn.Si f ?,: ORC must -visftfiapAit 0
y. and document visitation per 15ANCAC 8G.0204.
I-Muit
Signktu �ermittee: If signedan,th6pbrmittee; then,thd-4elegation of the signatory be on
'y
file with the state per 15A NCAC ib'66(b)(2)'(1)).
Page 2

'EFFLUENT
NPDES PERMIT NO:, NC_0031.---,DISCHARGE NO: 001! ,MONT,14,. Dec YEAR 2014
FACILITY NAME:
_CIA& IV COUNTY: McDowell
OPERATOR'IN RESPONS16LE:C-kAkbt"'(,bRc')-----' -­"'_TR ARkVdARVE Grade: IV PHONE: [phone]
__ _CERTIFIED LABORATORIES: : ` �:1,_-C
7-, 0R'' -P-. -'CR. WWTP- -2. ETS LAB -
CHECK Wi IF 0RC,HAS _CHANGElJ.-,.'.*_
n Sj
STAFF
— _'-'11 '9� 11
Mail ORIGINAL and ONE CPP.y.,jo:
ATTN: CENTRAL FILES'
DIV. OF ENVIRONMENTAL MANAGEMENT ,*N4TUhf OfftXfOR IN RESPONSIBLE CHARGE) DATE
DEHNR 'V'130HIS SIGNAYU1% I CERTIFY THAT. THIS REPORT Is"
P.O. BO?( 29636, , lip
ACCURATE AND CIO PL7
M BEST OF MY KNOWLEOG
RALEIGH, 9d'iie"I"
— Del
EIVED ..
later Resources
'C
DA21v4-
rm_1(943)
Water Quality Regional Operations
611050-0000 10.0 400-01
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Water Quality Regional Operations
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