NC0041696_LV20170222_20170717

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Certified Mail # 7016 1370 0001 6571 94
Return Receipt Requested
July 17, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
ROY COOPEP,
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MICHAEL S. BEGAN
setary
Sr JAY ZIMMERMAN
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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 Rhodhiss WWTP
Case No LV -2017-0222
Burke County
Dear Permittee
3uL 21 2017
Watef Q sect%on
Permitting
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,616 62 ($2,500 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 April 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 NCO041696 The
violations, which occurred in April 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

Y'
$1,50000 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00041696, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$1,000.00 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 - Conc.
$2,500 00 TOTAL CIVIL PENALTY
$116 62 Enforcement Costs
$2,616 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 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 tae 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 in 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 §15OB-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 (3 0) 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 at janet [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
G`44R�WQ`rBmLeRVvrewntcr,Rhm�cgral
Valdese WWPP4169G`,LV-2017-0222nt

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0222 County: Burke
Assessed Party: Town of Valdese/ Lake Rhodhiss WWTP
Permit No.: NC0041696
Amount Assessed: $2,616.62
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.0 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 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 BURKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Valdese
Lake Rhodhiss WWTP
PERMIT NO. NCO041696
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0222
Having been assessed civil penalties totaling $2,616.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 17, 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 -2017-0222
PERMIT:
NCO041696
REGION:
Asheville
FACILITY:
Lake Rhodhiss WWTP
COUNTY:
Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
4/8/2017
4-2017
Solids, Total
5 X week
mg/I
45
7970 770
Weekly
$50000
Suspended-
Average
Concentration
Exceeded
4/29/2017
4-2017
Solids, Total
5 X week
mg/I
45
16750 2722
Weekly
$50000
Suspended-
Average
Concentration
Exceeded
4/30/2017
4-2017
Solids, Total
5 X week
mg/I
30
6730 1243
Monthly
$1,50000
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Valdese
Facility Name: Lake Rhodhiss WWTP
Permit Number: NCO041696
County: Burke
Case Number: LV -2017-0222
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 Average TSSs exceeded the permit limit by 77% & 272%.
One Monthly Average TSS exceeded the permit limit by 124%.
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 been one civil penalty enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$11662
`T,�I- ,ate
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERNUT NO.: NCO041696
FACILITY NAME: Lake Rhodiss W WTP
OWNER NAME: Town of Valdese
GRADE: WW -4.
eDMR PERIOD: 04-2017 (April 2017)
PERMIT VERSION: 3 0
CLASS: WW -4
ORC: Greg A Padgett
ORC HAS CHANGED: No
VERSION 10
v
PERMIT STATUS: Expired
COUNTY: Burke
ORC CERT NUMBER: 25206
STATUS. Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
v
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F
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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
Composite
BOD - Cone
C0610
fr
Weekly
Compost
NH3-N-Co
C0530
S X week
Composite
TSS -Cont
1616
X week
Grab
FCOLI BR
00300
S X week
Grab
DO
C0600
Weekly
Composite
TOTAL N-
2400 clock
Rs
2400 dock
Errs
Y/B/N
mgd
su
ug/1
mg/1
mg/1
m
#/100011
019/1
019/1
3
0800
4
N
0 784
2
0800
4
N
0 422
r
3
1023
244
0600
16
Y
2 235
68
25
<2
f
<5
4
83
4
0901
226
0600
16
Y
3 526
68
25
>205
16 5
6
63
5
0839
236
0600
16
Y
2 387
69
29
117
975
-4:1
7 3
6
0830
239
0600
16
B
5 224
6 8
25
184
099
24
23
61
451
7
0808
236
0600
16
Y
2 976
66
21
663
348 j
1
7
8
0800
4
N
0 963
9
0800
4
N
0 906
10
1014
242
0600
16
B
15
6-9-
30
239
<5
4
87
11
0852
226
0600
16
B
2142
7
45
63
<05
13 7
7
79
5.64
12
0803
232
0600
16
B
1348
69
26
945
133
2
73
13
0816
242
0600
16
B
0 947
69
28
317
62
1
75
14
0000
0000
0800
5
0 501
H
H
H
H
H
H
15
0800
4
N
0 379
16
0800
4
N
045
17
1005
241
0600
16
Y
151
7
38
474
98
<1
79
18
0912
23 1
0600
16
Y
2054
7
36
215
<5
3
76
79
0812
230
0600
16
Y
2218
7
30
<2
<05
<5
1
82
674
20
0810
240
0600
16
Y
1854
7
38
<2
<5
1
76
21
0808
1240
0600
16
Y
169
7
34
2
<5
1
72
22
0800
14
N
1 265
23
0800
4
N
3 509
24
1018
243
0600
16
Y
10 517
65
25
572
13
13
1600
64
92
25r
0952
236
0600
16
Y
6 062
67
23
102
470
5
65
26
0809
223
0600
16
Y
3 466
64
37
791
254
> 770
66
27
0815
241
0600
16
Y
3 559
67
138
163
364
24
7
0815
1240
0600
116
JB
1
2069
67
23
177
k
64 j
18
17
29
0800
4
N
0 911
30
0800
4
N
0 843
Monthly Average Limit
3.5
30
30
200
MontLly Average
22739
30.315789
19 364211
0 572567
97368
5433388
7284211
6 5225
Daily Manmum
10 517
7
45
102
13
470
770
87
9 2
Daily Minimum
0 379
64
21
0
0
0
0
61
4 51
**** No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation —Holiday
11 A/401-

NPDES PERMIT NO.: NC0041696 PERMIT VERSION. 3 0
FACILITY NAME: Lake Rhodiss WWTP CLASS: WW -4
OWNER NAME: Town of Valdese ORC: Greg A Padgett
GRADE: WW -4 ORC HAS CHANGED: No
eDMR PERIOD: 04-2017 (April 2017) VERSION: 10
Report Comments:
TSS Weekly Violations during week #2 and week #5
TSS Monthly Violation
Observed Holiday - April 14 - Good Friday
H
PERMIT STATUS: Expired
COUNTY: Burke
ORC CERT NUMBER: 25206
STATUS. Processed