WQCS00016_Response to Notice_20181214 (2)

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December 14th, 2018 6�ECEIVE®��ENRI®��
North Carolina Department of Environment Quality DEC 2�1�
Mooresville Regional Office Water Resources
610 East Center Avenue, Suite 301 Permitting Section
Mooresville NC 28115
ATN: W.Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
RE: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina
General Statute(G.S.) 143-215.1(a)(6)
And Collection System Permit No. WQCS00016
Albemarle Collection System
Case No. DV-2018-0077
Stanly County
Dear Mr. Basinger,
(C)
The purpose of this letter is to provide additional information for the consideration in the above
referenced matter in accordance with your letter dated October 10th,2018 and received by the City of
Albemarle Collections ORC on October 18th 2018.This matter relates to the sanitary sewer overflows that
the City of Albemarle experienced during the month of August 2018. The City of Albemarle experienced
a heavy soaking rain of 2 inches in 45 minutes to an already saturated ground.
The SSO's that occurred on the 2"a of August 2018 were due to 2 inches of rain that fallen in 45 minutes
time to an already saturated ground. Incident numbers 201801166 and 201801168 were both accositaed
with Vickers Store Rd lift station being to capacity and the grade of the out laying manholes being less
than that of the water in the wet well of lift station.
Incident number 201801166 is associated with a low manhole on the right hand leg of sewer main coming
into the lift station next to Badin Rd. When the lift station begins to back up this manhole is the lowest
and tends to get capacitated first.The city of Albemarle has a smart cover device installed in this manhole
to let us know when flow starts to rise. This aids in the response time for the City of Albemarle to address
the SSO.
Incident number 201801168 is associated with a low laying manhole just outside of the Vickers Store Rd
lift station.This manhole overflowed due to a capacitated lift station.This manhole is just downstream of
the smart cover system that alerts the City of Albemarle personnel to a possible overflow situation.

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Crews were dispatched at the call of the smart cover system. Collection system back-up ORC was able to
check live radar on smart phone to see that the rain event was going to end quickly. Collections System
back-up ORC then dispatched the vactor truck to try and pump out of wet well in lift station to minimize
or stop SSO at both locations. Crews were able to pump approximately 10,000 gallons from wet well
stopping SSO.
As soon as these SSO events stated above had stopped crews assed the areas and cleaned up using proper
equipment and materials following the City of Albemarle SSO response procedure. This was followed up
with a 24 hour verbal notification to Mr. Snider of NCDENR on 8/03/2018 at 8:20am.Then reported
through the BIMs app on Form CS-SSO and submitted on 8/06/2018 at 1:15pm.
In summary the two events outlined in information above were due to a large amount of rain that our area
experienced in a short time to an already saturated ground. The city of Albemarle has been working since
2011 to help reduce the number of overflows and the amount of I&I in our system. Since then we have
completed the installation of water tight covers and vent pipes in the area associated with these SSO's.
We have also been working closely with Spectra Shield on the lining of problem manholes in this part of
the system and are continuing to work with them each budget year.The City of Albemarle Collection
system ORC,backup and Directors have also been in talks with having another I&I study done this
upcoming year on this part of the collection system.I have all the confidence that we as a system are
working in the right direction with getting things accomplished.
The City of Albemarle appreciates the opportunity to provide this information for consideration in this
matter. It is hoped that we will be received favorably.If there are any more questions or information that
is needed,please feel free to contact this office.
Sincerely,
gruaIA, I-li .cove., Collection System ORC
704-961-6149
City of Albemarle

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ROY COOPER NORTH CAROLINA
Gomerr¢rar Environmental Quality
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director
Certified Mail#7016 1370 0000 2596 0658
Return Receipt Requested
December 04,2018
Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle,NC 28002-0190
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and Collection System Permit No.WQCS00016
City of Albemarle
Albemarle Collection System
Case No.DV-2018-0077 ,
Stanly County
Dear Mr.Ferris:
' This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$378.35 ($250.00 civil penalty+
$128.35 enforcement costs)against City of Albemarle.
1 This assessment is.based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by City of Albemarle. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No.WQCS00016 and G.S. 143-215.1(a)(1). The violation(s)that occurred
are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that City of Albemarle violated the terms,conditions or
' requirements of Collection System Permit No.WQCS00016 and G.S. 143-215.1(a)(1)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).
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North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue,Suite 301,Mooresville,NC 28115
704-663-1699

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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,W.Corey
Basinger,Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against
City of Albemarle:
$250.00 For 1 of the 2 violations of Collection System Permit No.WQCS00016 and G.S. 143-215.1(a)(1)for
Sanitary Sewer Overflow(s)resulting in a discharge without a valid permit.
$250.00 TOTAL CIVIL PENALTY •
$128.35 Enforcement Costs
$378.35 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
1
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
I 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: 1
Attn: PERCS Branch 1
Division of Water Resources
1617 Mail Service Center j
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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center.
Raleigh,North Carolina 27699-1617
AND
W.Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
610 East Center Avenue, Suite 301
Suite 301,Mooresville,NC 28115

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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 questions4lease contact Barry Love with the Division of Water Resources staff of the Mooresville
Regional Office at(704)663-9263 or via email at [e-mail].
Sincerely,
W. Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
•
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office-Enforcement File
PERCS Compliance/Enforcement Unit-Enforcement File

♦1
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0077 County: Stanly
Assessed Party: City of Albemarle
Permit No.: WQCS00016 Amount Assessed: $378.35
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 violations)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 prevent future occurrences);
1( (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:
(L) (c

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Albemarle )
Albemarle Collection System )
)
PERMIT NO. WQCS00016 ) CASE NO. DV-2018-0077
Having been assessed civil penalties totaling$378.35 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated December 04,2018,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
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TELEPHONE

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ATTACHMENT A
City of Albemarle
CASE NUMBER: DV-2018-0077
PERMIT NO: WQCS00016 REGION: Mooresville
FACILITY: Albemarle Collection System COUNTY: Stanly
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS)
AMOUNT
201801168 8/2/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 1,875 $0.00
201801166 8/2/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 4,800 $250.00