NC0041696_LV20170173_20170621

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Certified )Mail # 7016 1370 0001 6571 8249
Return Receipt Requested
June 21, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
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 WW Permit No NCO041696
Town of Valdese
Lake Rhodiss WWTP
Case No LV -2017-0173
Burke County
Dear Permittee.
Role COOPER
MICHAEL S. REGAL l
sormtdry
S. JAY ZIMMERMAN
P"Clar
RECEIVEDINCDEQIDWR
JUN 27 2017
water Q Stion
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,616.62 ($3,500 00 civil penalty
+ $116 62 enforcement costs) against Town of Valdese
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Valdese for the month of February 2017. 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 NC0041696. The
violations, which occurred in February 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Town of Valdese violated the terms, conditions or
requirements of NPDES WW Permit No NCO041696 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
Valdese
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$1,500.00 1 of the 1 violations of 143-2=5 1(a)(6) and Permit No NC0041696, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$1,00000 2 of the 2 violations of 143-215 1(a)(6) and Permit No.NC0041696, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Cone.
$1,000.00 2 of the 2 violations of 143-215 1(a)(6) and Permit No.N00041696, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR
$3,500.00 TOTAL CIVIL PENALTY
$116:62 Enforcement Costs
$3,616 62 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 properly
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 admimstraz ive 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 FridFy between the hours of 8.00 am 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 DEQ as follows -
Mr. William F. Lane, 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 atjanet [e-mail]
Sincerely,
G. Landon Davidson, P.G , �Regionalpervisor
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
G i\VR`,WQtBmi.e}1in�t�watei4\lumcq�xl:baldese W\4''['P
41696�L.V-2917-0173 at

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0173
Assessed Party: Town of Valdese
Permit No.: NC0041696
County: Burke
Amount Assessed: $3,616.62
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)
ocument);
(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
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Valdese
Lake Rhodiss WWTP
PERMIT NO. NCO041696
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADNUNISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0173
Having been assessed civil penalties totaling $3,616.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated June 21, 2017, 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 Valdese
CASE NUMBER: LV -2017-0173
PERMIT: NCO041696 REGION: Asheville
FACILITY: Lake Rhodiss WWTP COUNTY: Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
2/4/2017 2-2017 Coliform, Fecal MF,
5 X week #/100ml 400 55290 382 Weekly $50000
MFC Broth, 44 5 C
Geometric
Mean
Exceeded
2/11/2017 2-2017 Coliform, Fecal MF,
5 X week #/100ml 400 99650 1491 Weekly $50000
MFC Broth, 44 5 C
Geometric
Mean
Exceeded
2/11/2017 2-2017 Solids, Total
5 X week mg/I 45 71 80 596 Weekly $50000
Suspended-
Average
Concentration
Exceeded
2/25/2017 2-2017 Solids, Total 5 X week mg/l 45 6520 449 Weekly $50000
Suspended- Average
Concentration Exceeded
2/28/2017 2-2017 Solids, Total 5 X week mg/I 30 3760 252 Monthly $1,50000
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodiss WWTP
Permit Number: NC0041696
County: Burke
Case Number: LV -2017-0173
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;
Two Weekly Geometric Fecals exceeded the permit limit by 38.23 % % 149.11%.
One Monthly Average TSS exceeded the permit limit by 25.18%.
Two Weekly Average TSSs exceeded the permit limit by 59.55% & 44 88%.
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 is unknown.
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 and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them, at a certified lab.
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 has have been one civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO041696
FACILITY NAME: Lake Rhodlss WWTP
OWNER NAME: Town of Valdese
GRADE: WW -4
eDMR PERIOD 02-2017 (February 2017)
- PERMIT VERSION: 3 0
CLASS: WW -4
ORC: Greg A Padgett
ORC HAS CHANGED: No
VERSION: 10
, '00 4�)
PERMIT STATUS: red !�
COUNTY: Burke
ORC CERT NUMBER: 25206
STATUS. Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
2
S
v
5
b
-.9
b
g
a
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50050
Continuous
Recorder
FLOW
00400
5 X week
Grab
pH
50060
5 X week
Grab
CHLORINE
C0310
5 X week
CompositeComposite
BOD -Con.
C0610
Weekly I
NH3-N-Cont
C0530
d
5 X weep
Composite
SS -Co
31616
5 X week
Grab
FCOLI BR
00300
5 X week
Grab
DO
C0600
Weekly
Composite
TOTAL N-
1400 clock
Hrs
1400 clock
Hrs
Y/B/N
mgd
su
119/1
mg/1
I mg/1
1119/1
#/1002
mg/1
M94
1
0839
235
0600
16
Y
1 862
66
48
>221
233
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73
2
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1805
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1498
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143
8 16
123
6
79
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1218
69
22
301
76 i
7
92
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16
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1613
68
42
422
136
10818
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1761
69
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327
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390
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148
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128
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0 513
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0 291
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0 997
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87
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0600
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1602
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252
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0600
16
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267
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275
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0600
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79
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0600
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129
71
37
203
< 5
> 840
78
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N
0 578
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20
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244
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1149
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26
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1
89
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228
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16
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1631
69
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3
87
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232
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16
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2375
71
39
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<05
<5
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8
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238
0600
16
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1592
7
36
395
326
45
73
24
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247
0600
16
Y
0 924
72
33
1278
< 5
67
77
25
0800
4
N
0 384
26
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1497
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28
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20
91
771
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116
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1456
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88
Monthly Average Lhnit• 35
30
30
200
Monthly Average
1295964
3275
9 777
082
zizm
37 555
6514152
812
582
Daily Mavmum
267
72
48
421
26
326
61600
92
771
DailyMmrmum
0 291
66
0
0
0
0
0
.73
328
**** No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=NoVisitation — Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday
9.20-� /j0%7 0-4

NPDES PERMIT NO.: NC0041696
FACILITY NAME: Lake Rhodiss W WTP
OWNER NAME: Town of Valdese
GRADE: WW -4
eDMR PERIOD: 02-2017 (February 2017)
Outfall 001- Downstream Comments -
Castle Bridge Boat Access
IV
PERMIT VERSION. 3 0
CLASS. WW -4
ORC: Greg P_ Padgett
ORC HAS CHANGED: No
VERSION. 11=0
PERMIT STATUS: Expired
COUNTY: Burke
ORC CERT NUMBER- 25206
STATUS. Processed