NC0036196_Enforcement_20150921

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ATTN: MR ERIC ZONES,SUPERINTENDENT
dwr/ot 9/21/15

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ATTN: MR ERIC JONES, SUPERINTENDENT
dwr/ot 9/21/15
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September 21, 2015 0-
CER.TIFIEDNIA IL 7015 0640 0002 9299 3595
RETURN RFICUPT HK_QL_ESTED
Mr. Eric Jones, Superintendent
City of Ne�vton
P.O. Box 550
Newton, NC 28658
SUBJEC"r: Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
143 -215. 1 (a)(6) and NPDES Permit No. NCO036196
Clark Creek W-WTP
Catawba County
Case No. LV-2015-0209
Dear Mr. Jones:
This letter transmits a Notice of Violation and assessment of civil penalty in the aniount of
$646e97 ($500 civil penalty + S 146.97 enforcement costs) against the City of Newton.
This assessment is based upon the following facts, A review has been conducted of the self -
monitoring data reported for April 2015. This review has shown the, subject facilit-
y to be in violation
of the discharge limitations found in NPDES Perron, No. NCO036196. The violations are summarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Newton violated the
terms, conditions, or requirements of NPDES Permit No, NCO036196 and North Carolina General
Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2).
Based upon the above, findings of fact and conclusions of law, and in accordance with allthoritY
provided by the Secretary of the Department of Environment and Natural Resources and the, Director
of the Division of Water Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
"Region, hereby make the following civil penalty, assessment against the City of New -ton:
MooresyflL- Regional Ofte
L.ocatom 610 East Center Ave,, Butte 301 McoresvMe, NC 28115
Phone. [phone] k Fax, (704) 665-VO r CUMOTceF Service: 1-877-623-6748
Internet hVApertaLnodenr,org)web1wq
An Equa, Efnpio�er-30% ,ARPUF

$— 500.00
For I of the one (1) violation of G.S. 143 -215. 1 (a)(6) and
NPDES Pe No. NCO036196, by discharging waste into the
waters of the State in violation of the pennit weekly average
effluent limit for fecal coliform.
0.00 For t of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPlifS—lie rmit No. NCO036196, by discharging waste into the
waters of the State in violation of the permit Monthly average
effluent linut for fecal coliform.
$— 500,00
146.97
646.97
TOTAL CIVIL PENALTY
Enforcement costs
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 front the violations;
(2) Theduration and gravity of the violations;
(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 violations were committed �,,killfully 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, days of receipt of this notice, you must do one of the followin
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include uab,erfbrm), Payment of the penalty will not foreclose turther
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
En
2. Submit a written request for remission 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 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 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) vvhether one or more of the civil penalty, assessment factors in G.S. 14313-2811 (b) were
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 fear the remaining necessary
remedial actions.
s, t
Please note that all infra cation presented in support of your request for remission ran be
submitted in writing. The Director of the, Division of Water Resourceswill review your evidence and
inform you of his decision in the matter of your remission request, The response will provide details
regarding 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 "Waiver of Right to
an Administrative Hearing and Stipulation of Fac&' 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
OR
3. File a petition for an administrative hearing with the OtTice 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 thiriv OM days of reCeint of this notice A netition is considered filed when it is received inl'q
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 of state holiday s. 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 § 15 OB-23 .2) is received in the Office of Admini strative Hearings within
seven (7) business days following the taxed 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 DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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 Nvithin thirty (30) days of receipt of this notice, 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 about this civil penalty assessment Please
contact staff in the Mooresville Regional Office at [phone].
4
(Date) Michael. L Parker, Regional �upen,�isor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. - 1 -4 Q
Out -fall ate Parapleter l ffli�l x 1- rmit Li it
0t xveck ending 4/25/2015 Fecal C. lifo 49, CFLJ/1dt1 ml d CFU/100 rrr feel-ly Average)
001 4/30/2015 FecalColiform 2 .1 CtJ/1 rrrl 2 Clj /j 1 rrthly N€
Denotes civil penalty assessment
the City of Nelxton response to NOV-2015-1,,V-0484 received on August 17, 2015was
reviewed by 1 WR staff. Mitigating factors were not found to result in a reduced civil
penalty amount.

STATE OF NoR:rH CAROLINA
COUNTY E CATAWBA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT WAIVER E RIGHTTO AN
E CIVIL PENALTY AGAINST ADMINISTRATIVE IIEARfNG AND
CITE`" OF NEWTON STIPULATION OF FACTS
PERMIT NUMBER NCO036196
FILE NO. LV-2015-0209
Having been assessed civil penalties totaling 46.97 for violation(s) as set forth in the
assessment document of the Division ision f Water.Resources esourccs dated .A y*ust 4. 2015,the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
bearing 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 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 o � 201
BY
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DNVR Case Number: LV-2015-0209
Assessed Party: the City of New -ton
County: Catawba
Permit Number: NCO036196
Amount Assessed: $646.97
Please use this form, when requesting remission of this civil penalty. You must also complete the
",Reguest For Retnissionjf'aiver of Right to an Administrative Hearing, and Stipulation of T I acts 1:,
form to request remission of this civil. penalty. You should attach any documents that on 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 applies. 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 factor-, in N.C.G.S. 1431 -282.1(b') were
ion f ill annlied tc the detriment of the ,- (the assesspient./iiaors are listed
in the civil penalty assesimient document);
(b) the violator prom ly abated coqt' rimental damaize resultituz-frorn the
Mt
violation (i.e., explain the .steps thatyou took to correct the violation andprevent
jnture occurrences),-
(c) the violation was inadvertent or a result of an accident (Le., explain wky the violation
,vas unavoidablecar somethingyou could not prevent orprepare
(d) the violator had not been assessed
(e) p yin nt oftlre civil natty mill revent pa rnent for the remainina necessary remedia
actions (i.e., explain how pqyment qfthe civilpenally will prevent youftoni per/brtning
the activities necessaty, to achieve conipliance
EXPLANATION: (use additional pages as necessary)

NQRTHJLARQMADEI�M Rf AAnR RESQUILCES
ALSESSMEN17 FACTORS I
Violator: the City of Ne-mon
Facility: Clark Creek WWTP
County: Catawba
Cast Number: LV-2015-0209
Permit Number: NCO036196
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; No environmental harm has been documented,
2) The duration and gravity of the violation; The fecal coliform monthly average effluent limit
violation exceeded the pen -nit limit by 112.4% for the month of April 2015.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown, Fecal coliform is an indicator species for possible pathogens and
increased levels can signal human health hazards.
4) The cost of rectifying the damage; The cost is mtknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally; The Division of Water Resources
has no evidence that the violations were or 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;
There have been 2 previous CPAs for the Clark Creek WWTP with the last CPA issued on July 15,
2014 for fecal coliforni violations that occurred in January 2014.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $1469T
Date Michael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR