NC0047384_LV20170270_20170906

J
ROY COOPER
Governor
MICHAEL S. REGAN
5rcmrary
Wafer Resources S. JAY ZIMMERMAN
ENVIRONMENTAL OUALrTY ailL"Cral
Certified Mail # 7015-0640-0005-8164-1107
Return Receipt Requested
September 06, 2017
Steven Drew, Manager Operations Division
RECEIVED/NCDEWWR
City of Greensboro SEP 13 2017
PO Box 3136
Greensboro, NC 27402-3136 Water Quality
Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NCO047384
City of Greensboro
T.Z. Osborne WWTP
Case No. LV -2017-0270
Guilford County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,879.14 ($4,750.00 civil penalty
+ $129.14 enforcement costs) against the City of Greensboro.
This assessment is based upon the following facts: A review has been conducted of the Discharge Monitoring Report
(DMR) submitted by the City of Greensboro for the month of May 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. NCO047384. The
violations, which occurred in May 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Greensboro violated the terms, conditions or
requirements of NPDES WW Permit No. NCO047384 and G.S. 143-215.l(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, Sherri V. Knight,
Regional Supervisor, for the Winston-Salem Regional Office hereby make the following civil penalty assessment against the
City of Greensboro:
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
336-776-9800

$2,500.00 for 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00047384, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for CBOD 20C.
-$750.00 for 1 of the 1 -violations of 143-215.1(a)(6) and Permit No.NC00473 84, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for CBOD 20C.
$750.00 for 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N000473 84, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Conc
$750.00 for 1 of the 1 violations of 143 215.1(a)(6) and Permit No.NC00473 84, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR.
$4,750 00 TOTAL CIVIL PENALTY
$129.14 Enforcement Costs
$4,879.14 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 14313-282.1(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 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:

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 Ron Boone with the Division of Water Resources staff of the Winston-Salem
Regional Office at [phone] or via email at ror_.boonegncdenr gov.
Sincerely,
Sherri V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS:
1. Justification for Remission Request
2. Waiver of Right to an Administrative Hear and Stipulation of Facts
3. Attachment A
CC: WQS Winston-Salem Regional Office - Enforcement File
'NPDES Compliance/Enforcement Unit - Enforcement File
DWR Central Files
K

T
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GUILFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Greensboro )
T.Z. Osborne WWTP
PERMIT NO. NCO047384 ) CASE NO. LV -2017-0270
Having been assessed civil penalties totaling $4,879.14 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 06, 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
ADDRESS
TELEPHONE
SIGNATURE
IAC

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0270 County: Guilford
Assessed Party: City of Greensboro
Permit No.: NC0047384 Amount Assessed: $4,879.14
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 an the cavil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (a. 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 (a e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:

ATTACHMENT A
City of Greensboro
CASE NUMBER: LV -2017-0270
PERMIT:
NCO047384
REGION:
Winston-Salem
FACILITY:
T.Z. Osborne WWTP
COUNTY:
Guilford
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
5/27/2017
5-2017 BOD, Carbonaceous
2 X week
mg/I
6
2340 2903
Weekly
$75000
05 Day, 20 C
Average
Exceeded
5/31/2017
5-2017 BOD, Carbonaceous
2 X week
mg/I
4
700 760
Monthly
$2,50000
05 Day, 20 C
Average
Exceeded
5/6/2017
5-2017 Coliform, Fecal MF,
2 X week
#/100ml
400
184350 3609
Weekly
$75000
MFC Broth, 44 5 C
Geometric
Mean
Exceeded
5/27/2017
5-2017 Solids, Total
2 X week
mg/I
45
6350 41.0
Weekly
$750.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Greensboro
Facility Name: T.Z. Osborne WWTP
Permit Number: NCO047384
County: Guilford
Case Number: LV -2017-0270
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;
The degree of harm is considered minimal due to the large volume of the receiving stream. However, the degree to which
their limits were exceeded by each violation is not considered minimal.
2) The duration and gravity of the violation;
The violation durations are unknown as the samples represent only a snapshot in time of effluent quality. The gravity of the
violations is moderate, considering the percentages by which each violation exceeded its corresponding limit value.
3) The effect on ground or surface water quantity or quality or on air quality;
It is believed that there was minimal, if any, effect on ground water quality, and no effect ground or surface water quantity.
No effect on air quality is alleged. The effect on surface water quality is believed to have been minimal due to the large
volume of the receiving stream, however, the percentages by which each violation exceeded the corresponding limit value
was certainly not insignificant.
4) The cost of rectifying the damage;
No reparable damages were reported or recorded as a result of the violations, but the violations certainly detrimentally
affected the receiving stream's quality, albeit to a minimal degree, only due to the large volume of the receiving stream.
5) The amount of money saved by noncompliance;
The amount of money saved by the noncompliance is unknown but is represented by the money the permittee would have
had to have spent to avert the violations.
6) Whether the violation was committed willfully or intentionally;
It is not alleged that the violations were committed willfully or intentionally, but they could have been averted.
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
The permittee has had 23 other limit violations over the past 5 years. See attached report.
8) The cost to the State of the enforcement procedures.
$129.14 9A /I
Date Sherri V. Knight, Pk,) Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEO

WSRO MONTHLY DMR VIOLATIONS REPORT FOR:
Guiit®rd
NCO047384 T.Z. Osborne VWVTP
Limit Violation
weeKly
I
,
Average
BOD, Carbonaceous 05
Milligrams
Exceeded
2012
7 Effluent
001
Day, 20 C 07-28-2012
5 X week
; per Liter
6,
11 08
84 66667 Proceed to NOV
Monthly
Average
Nitrogen, Ammonia Total .
Milligrams
Exceeded
2014
3, Effluent
001
(as N) - Concentration '03-31-2014
5 X week
;per Liter
4
502
25 6.125, Proceed to NOV
Monthly
Average
BOD, Carbonaceous 05
1 Milligrams
Exceeded
2014
4, Effluent
001
Day, 20 C 04-30-2014
5 X week
; per Liter
4+
6 09.
5.2 15476 Proceed to NOV
Weekly
1
Average
BOD, Carbonaceous 05
Milligrams
Exceeded
2014
4 Effluent
001
Day, 20 C 04-12-2014
5 X week
per Liter
6
933
55 46667' Proceed to NOV
Weekly
Average
BOD, Carbonaceous 05
Milligrams
Exceeded
2014
4, Effluent
001
Day, 20 C 04-19-2014
5 X week
per Liter
6
905
50 79167 Proceed to NOV
Monthly
Average
BOD, Carbonaceous 05
Milligrams
Exceeded
2014
5 Effluent
001
Day, 20 C 05-31-2014
5 X week
per Liter
4
4 79
19 66667 Proceed to NOV
Weekly
Average
BOD, Carbonaceous 05
Milligrams
Exceeded
2014
5' Effluent
001
Day, 20 C 05-17-2.014
5 X week
per Liter
6
6 3,
5 Proceed to NOV
Monthly
_
Average
Effluent to South
Nitrogen, Ammonia Total'
Milligrams
Exceeded
2015
1 - Buffalo Creek
001
(as N) - Concentration '01-31-2015
5 X week
per Liter
4
564
41 1 Proceed to Enforcement Case
Weekly
,
Average
'Effluent to South
Nitrogen, Ammonia Total'
Milligrams
Exceeded
2015
1 Buffalo Creek
001
(as N) - Concentration 101-24-2015
5 X week
per Liter
12`
12 02,
0 208333 Proceed to Enforcement Case
Monthly
Average
Effluent to South
BOD, Carbonaceous 05
Milligrams
Exceeded
2015
2 Buffalo_ Creek
001
Day, 20 C 02-28-2015
X week
per Liter
8'
9 73
21 65132' Proceed to Enforcement Case
Monthly
'
.-'2
Average
Effluent to South
Nitrogen, Ammonia Total 1
Milligrams ,
Exceeded
2015
2+ Buffalo Creek
001
(as N) - Concentration 02-28-2015
5 X week
per Liter
4
1371
242 7632: Proceed to Enforcement Case
Weekly
Average
Effluent to South
Nitrogen, Ammonia Total,
Milligrams
Exceeded
2015,
2' Buffalo Creek
001
(as N) - Concentration 02-07-2015
5 X week
per Liter
12
1268
5 666666, Proceed to Enforcement Case
Weekly
Average
Effluent to South
Nitrogen, Ammonia Total
Milligrams
Exceeded
2015'
2 Buffalo Creek
001
N) -_Concentration 02-14-2015
5 X week
, per Liter
12
1408
17 33333 Proceed to Enforcement Case
Weekly
_Jas
Average
Effluent to South
Nitrogen, Ammonia Total
Milligrams
Exceeded
2015
2, Buffalo Creek
001
(as N) - Concentration 02-21-2015
5 X week
`per Liter
12,
13 3&
11 33333 Proceed to Enforcement Case
Weekly
,
Average
'Effluent to South
Nitrogen, Ammonia Total
Milligrams
Exceeded
2015
2 Buffalo Creek
001
(as N) - Concentration 102-28-2015
5 X week
per Liter
12
1498
24 79167' Proceed to Enforcement Case

Weekly
Geometric
Mean
Effluent to South
Exceeded
2015
2 Buffalo Creek
001
Monthly
Milligrams
Average
03-31-2015 5 X week
Effluent to South
4
Exceeded
2015
3 Buffalo Creek
001
Weekly
03-07-2015 5 X week
per Liter
12
Average
Effluent to South
Exceeded
2015
3 Buffalo Creek
001
Weekly
Milligrams
Average
04-30-2015 2 X week
Effluent to South
4
Exceeded
2015
3 Buffalo Creek
001
Monthly
04-25-2015 2 X week
per Liter
6
Average
Effluent to South
Exceeded
2015
4 Buffalo Creek
001
Weekly
Milligrams
Average
04-09-2016 5 X week
Effluent to South
6
Exceeded
2015
4 Buffalo Creek
001
Monthly
Average
Effluent to South
Exceeded
2016
4 Buffalo Creek
001
Weekly
Average
Effluent to South
Exceeded
2016
4 Bnffaln r.reek
001
Coliform, Fecal MF, MFC
Number
Broth, 44 5 C
02-07-2015 2 X week
per 100ml
400
Nitrogen, Ammonia Total
Milligrams
(as N) - Concentration
03-31-2015 5 X week
per Liter
4
Nitrogen, Ammonia Total
Milligrams
(as N) - Concentration
03-07-2015 5 X week
per Liter
12
Nitrogen, Ammonia Total
Milligrams
(as N) - Concentration
03-14-2015 5 X week
per Liter
12
BOD, Carbonaceous 05
Milligrams
Day, 20 C
04-30-2015 2 X week
per Liter
4
BOD, Carbonaceous 05
Milligrams
Day, 20 C
04-25-2015 2 X week
per Liter
6
Nitrogen, Ammonia Total
Milligrams
(as N) - Concentration
04-30-2016 5 X week
per Liter
2
Nitrogen, Ammonia Total
Milligrams
(aa N) - Concentration
04-09-2016 5 X week
per Liter
6
544 21 36 05344 Proceed to Enforcement Case
872 117 8864 Proceed to Enforcement Case
1346 1216667 Proceed to Enforcement Case
1372 1433333 Proceed to Enforcement Case
553 3834524 Proceed to Enforcement Case
713 188 Proceed to Enforcement Case
273 3662143 Proceed to NOV
625 4216666 Proceed to NOV