NC0020401_LV-2012-0033_20120301

NCD 14
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Pardus Charles Wakild, P.E. Dee Freeman
Governor Dre to Secretary
August ' 0, 2012 VIE,-,D
get ',,.1 <} �t s m w.::¢"t_ts°rUT
CERTIFIED MAID 7010 2780 0003 4825 5703
RETURN RECEIPT M, UF5LFED
.. . t,...' a= , t F € CE.
Mr. Levan B. Greer, P.E.
City of Hickory Public Utilities
P. 0. Box 398
Hickory, NC 28603
Subject: Remission Request of (civil Penalty Assessment
PDE Pert -nit dumber NCO0 0401
City of Hickory — Northeast WWTP
Catawba County
Case Number LV-20t2-0033
Dear Mr. Greer:
In accordance with North Carolina General Statute 1 3T 15. A(t), the Director of the North Carolina
Division of eater Quality considered the information n you submitted in support of your request for
remission and: remitted $1,500.00 of the $1,637.78 civil penalty assessment. The revised amount due is
137.7 , for the investigative casts. A, copy of the Director's decision is attached.
Two options are available to you at this stage of the remission
process—
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DEN ). Send the payment within thirty (30) calendar days of your receipt oft is
letter to the attention of:
Bob Sledge
NC I Ei -I WQ -- Paint Source Branch
Compliance & Expedited Permitting Unit
16171ir1ail Service Center
Raleigh, North Carolina 7699-161
1617 Mail Service Canter, 4aie�gh, North Carolina 276 9�1617
LDcaCion. 512 N. Salisbury St, Ida ea h, North Carofsna 2760
Phony 919.807 6300 t FA 919- 07 6f492
lntmet nowaterquad�ty org
An Equal Opporturity t .fit trrnESP€ve Action F€np�oyer
One

Mr. Kevin Greer, P.E.
I.V-2012-0033 Remission Decision
p. 2
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Con-n ittee on Civil Penalty Remissions for final
agency decision.
If you or your representative would like to speak- before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter.
Send the completed form to:
Bob Sledge
NC DENR-DWQ .-- Point Source Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear, If a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remission, they may agree with the DWQ Director's
remission recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Bob Sledge at
[phone], or via e-mail at bobsled C(l,)D.cdenr.gov.
�yl
�ohn I,, Hennessy, Supervisor
Compliance & Expedited Permitting Unit
Attachments
cc: Mooresville Regional Office -- SWP Section
Enforcement File
DWQ Central Files

DIV, ISION OF WATER QUALITY
CIVIL PENALTY REMISSJON FACTORS
!,!Case Number: tuber: LV-201 -0033 Region: MooresvilleCounty: Catawba
AssessedEntity: City of Hickory — Northeast Creek WWTPPermit: NCO020 01
El (a) Whether one of more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner.
(la) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The City states it is in the tatidst of 3 million €ap made of the wwrp that will provide improved
wastewater treatment for years to come.
DlVQ appreciates the C.}ttt,'s commilment to providing qualiq, ara to€ti}cater treatnient and environmental
protection. 1-lo ev a, at is noted that sindlar° violations persisted fit the foie li4yfor° two additional rraonthsa
c) Whether the violation was inadvertent or a result of an accident. -
The City states the violations occurred, in part, as the result of the ongoing upgrade,of W TP facilities.
'The process requires shutting dovvtt old equipment as new processes are activated. Uigh flo s occurred
drain, a transition period.,, before new omit; had stalaili ed, leading to a high TSS value on day 29.
iVQ agrees with the City`"s claartr the violation was inadvertent, but obsa r*v sthat they WIYTP's s €
rr onitoring d€ata show throughout the month, and an episode rtf high concentration
owst wpater tit -riving at the WWTP just prior to the tirrre oj'hi has't ffluent values.
(d) Whether the violator had been assessed evil penalties < or any previous violations:
El (c) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (CheckOne)
Request Denied [
Full Remission VRetain Enforcement Costs? Yes No El
Partial RernissionEl (l•:.rater Amount
Charles Waf;ii , R : Date

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CATAWBA DWQ Case Number LV-2012-0033
IN THE MAYFER OF ASSESSMENT
OF CIVIL PENALTIES AGAINSTlREQUJEST FOR ORAL PRESENTATION
City of Hickory
Northeast WWTP
I hereby request to make an oral presentation before the Environmental Management, Commission's Committee On, Civil penalty
Retuissions in the matter of the case noted above. In making this request, lassert that I understand all of the following statements:
•"]'his request will be reviewed by the Chainnan of the Environmental Management Conurrission aridmay be either granted or
denied.
Making a presentation will require the. presence of myself and'or ray representative during a Connnittee meeting held in Raleigh,
North Carolina.
M ation will be limited to discussion of issues and information submitted in my original rernission Am and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State liar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is litnited to I vv ors who are active inernbers of the bar, Proceedings before the Committee on
Remissions are quasi-judicial, You should consider how you intend to Present your case to the Conitnittee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity, If you or ),,Our
representative Would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Liar's Opinion affects how you may
proceed with your oral presentation. See www.nebar.cont/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Form al
Ethics Opinion S.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before tire Committee,- however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engtneer or consultant, then you mustalso be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are as c(Moratium-part -shi o nunjUj "Ji and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered, practicing law
without a license if he or she is not a licensed attorney, Presentation of facts by non -lawyers is permissible,
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
,end this Oral presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that tire Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authori7ed practice of law has occurred,
`This the day of 2 0—,--,
SIGNATURE
TITLE (President, Owner, etc,)
ADDRESS
UMMNNM�

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
"MR
TO:
B. Sledge
FROM:
R, Krebs
THROUGH:
M. AlloRpm p`�11
AT
March 23, 2012
SUBJECT:
Request for Remission of Civil Penalty Assessment
ID Permit Number NCO020401
City of Hickory - Northeast VVVVTP
Catawba County
Case Number LV-2012-0033
MRO staff has roviowed the subiect request for remission, The pprmittee asserts in the remission
reauesit that "the violatior oromb1tv a continuino Vitonrnefttal datlacie rqullit* ft*ti the vinfolLti-
RWWRIWIWIII�W UZA
MoDresvifle Regbnal Office
Locatom 610 East Center, Ave., Suite 301 MooresvMe, NC 28115
Phone: (704� 663-1699r Fax [phone] \ Customer Seryte: 1-877-623-6748
Wernet: www.rmwaterquality,org
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CIVIL PENALTY REMISSION FACTORS
Case Number
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Pto the WWTP are being completed to help ensure better treatment during storm events and therefore, MRO
would support partial remission of this penalty assessment.
I ir
ional ecommendation (Check One)
bequest Denied El Full Remission El Partial Remission
Contra[ Office Recommendation (Check One)
Request Denied El Full Remission El Partial Remission E]
ire to Decision (Check One)
Request Denied Full Remission E] Partial Remission E] Amount Remitted
Date Charles Wkild, P.E., Director

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North Carolina Department of Environmentand Natural Resources
Division titer Quality
Beverly Eaves Perdue Charles ` akild, P.E._ Dee Freeman
Governor Director Secretary
March 20, 2012
Via n- aid
Mr. Kevin B, Greer, P.E.
City of Hickory`
P. 0. Box 398
Hickory, NC 28603
Subject: Remission Rearrest of Civil penalty Assessment
essment
City ofHickory - Northeast WWTP
NPDES Permit NCO020401
Case Number LV-2012-0033
Catawba County
Dear Mr, Greer;
This letter is to acknowledgeyour rearrest for remission of the civil penalty levied against the subject
facility. Your rearrest will be scheduled for review by the Director and you will be notified ofthe result.
If you have any questions about this matter, please contact nee at [phone] or via e-mail at
bob.sledge@ncdenr,gov,
Sincerely,
BobSledge, Environmental Specialist
Compliance & Expedited Permits Unit
cc Enforcement pile w/ori finals
Central Files w/attachments
Mooresville Regional Office vv/attachments
1617 leil Serke Center, wgtr, Nafn Carolina 27666-1t7 tit
Locatim 612 N. Salisbury St Rafeh, North Carolina 2760
Phone: 9t 07-6300k.6A ,9r -807 9 NofthCarohna
Intemet wwrimterqualfty.org Al
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Life Well Crafted.
Public Ufliffies I
Attn: Point Source CompliancelEnforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
City of Hickory
PO Box 398
Hickory, NC 28603
Phone: [phone]
Fax, [phone]
Email, l reer@hic�C_ �ov
RE, DWQ Case NUmb&, LV-2012-0033 (Northeast WWTP Permit Number NCO020401)
rhank you in advance for you cooperation and assistance through this process, The City of Hickory deeply
appreciates the relationship we enjoy with NC Department of Environment and Natural Resources Mooresville
Regional Office and Construction Grants and Loans. Should you have any questions or concerns please do not
hesitate contacting me. We look forward to your response to this Request for Remission.
Poc r't 11
Mr, Kevin B, Greer, PE
PCMr. Chuck Hansen, PE, Public Services Directm City of Hickory
MrsArnita Dula, Staff Attorney, City of Hickory
Mr. Keith RhyneORC, Northeast Wastewater Treatment Faciflity

STATE OF NORTH CAROLINA DEPARTMENT CP ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT WAIVER OF RJGHT TO AN
CE CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
CITE' CE HICKORY TIPULATION OF FACTS
PERMIT NO.l CO020401
FILE NO, LV-2012-0033
Having been assessed civil penalties totaling L1 6 7.7 for violations as set forth in the
assessment document of the Division of Water Quality dated March 1, 2012, the undersigned,
desiring to seed remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged its 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 Quality within 0 days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after 30 daysfrorn the receipt of the notice of assessment.
This the 1 t%; day of .� _ March
L
ADDRESS
it rat' Hic 9ry Ublic Uti iti s
PO Box 398
Hickory, NC 28603
TELEPHONE

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: LV-2012-0033
Assessed Party: City of Hickory
County: Catawba
Permit Number: NCO020401
Amount Assessed: $1,637.78
Please use this form when requesting remission of this civil penalty, You must also complete the
"&eguest For Remission Waiver of Right to an Administrative Hearin and Sti ulation
forrn 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 renfission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the arnaunt 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. § 1431 -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
yg"n folly_ applied to the detriment of the petitioner (the assessment fiactors are listed in the civil
penalty assessment docuwent ),-
_X__ (b) the violator Dronirtly abated continAuilgg environmental darnage resulting from the
violation ( j. e., explain the steps that you tools to correct the violation and prevent tore occurrences)
_X (c) the violation was inadvertent or a result of an accident (ie,, explain why the violation
was unavoidable or something yore could riot prevent or prepare for);
(d) the, violator had not been assessed
(e) r the rernaipjqg_gecess re edial
actions (i.e-, explain how payment of the civil pAalty will prevent youfrom performing the activities
necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)
9VJJAR 1 U 4-UIL is

Charles Wakild, RE, Dee Freeman
Director Secretary
CERTIFIED MAIL 7010 2780 0003 14619355
RETURN RECEIPT REQUESTED
Mr. Mick Berry, City Manager
City of Hickory
P,O. Box 398
Hickory, North Carolina 28603
SUBJFCT. Notice of Violationand Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No, NCO020401
Northeast WWTP
Catawba County
Case'No, LV-2012-0033
Dear Mr. Beqy,:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,63738 ($1,500,00 civil penalty + $137.78 enforcement costs) against the City of Hickory,
This assessment is based upon the following facts: A review has been conducted of the self`
monitoring data reported fiar November 201, 1. This review has shown the subject facility to be in
violation of the discharge limitations found in.NPDES Pe it No. NIC0020401 . The violations w-e
sunuriarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Hickory violated the
terms, conditions, or requirements of NPDES Permit No- NCO020401 and North Carolina General
Statute (G.S.) 1434215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the niaximurns established by G.S. 143-215.6A(a)(2),
Based upon the above findings of fact and conclusions of law., and in accordaiiee with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against the City of
Hickory:
Moo,fesvilte Regional Office
Location: 610 East Center Ave.. Suite 301 Mooresville, NC 28 f 15 One
Prione: [phone] ? Fax (7G4) 663-60401r Customer Service. 1-8 77-623-6748
Gnrernet. htTp://parU ncdenrorgiwebiwq No -Marohna
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Soo 00--__—.1 For---,- I —ofthe one (I)violation of G.S. 143-215-1(a)(67)and
NPDES Pernut No. NO2 CO0401, by discharging waste into the
waters of the State in violation of the perinit monthly average
effluent linut for total suspended solids (TSS),
I Li-00.00 TOTAL CIVIL PENALTY
37.78 Enforcement costs
JOIT -
TOTAL, AIN INT DUE
Pursuant to G,S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Tact tend Conclusions of Law and the factors set forth at G,S. 143B-282.1(b),which are:
(1) 'Fl-te degree and extent of hann to the natural resources of the State, to the public health, or to
private property resulting from the violations-,
(2) "I'he duration 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 darnage
(5) The arriount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally-
y s
(7) The prior record of the violator in complying or failing to com�l with prograniover which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thiro, days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and,\,atural
Resources (do not include waiverfi-)rnf), Payment of the penalty will not foreclose further
enforcer-nent action for any continuing or new violation(s),
Please submit payment to the attention of
Point Source Compliance/Enforcernern Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 fivefactors 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
ofany 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 triust be
accompanied by a waiver of your right to an administrative hearing and astipulatlon 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 Quality 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 G.S. 143B-282.1(b) were
NvTongiblly 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 information presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Quality will review your evidence and
inforin 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 Nvas not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough staterrient in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to
tin Administrative Ilearing and Stipulation of Facts" form Nvithin thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and subrint the enclosed
"Justification for Remission Request." Both fornis should be submitted to the following addrcss&
Point Source Compliance/F.riforcement Unit
Division of Water Quality,
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 adrninistrative hearing, You may obtain the petition forin from the Office of
Adirimistrative [learings. 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. Fhe 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 tee (if a filing

fee is required by NCGS § 150B-23 .2) is received in the Office of'Administrati've Hearings within
seven (7) business days follmving the faxed or electronic transmission. You should contact the Iq
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:
is of Administrative l4earings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]ft, Fax-, (919) 43 1 -3 1, 00
One (1) copy of the petition must also be served on DEN R as follows:
Mary Penny Thompson, 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 within thirty (30) days of receipt of this notice, as
evidenced by an internal date/firne received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office tbr 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 the violations are of a cont
-ro-sve—ratkLp
and/or maintentarn e-problenjsedial construction activities thesy
to cosqqer jy,,Lng_&)r ectq_Ar&j _hNConsent. f _oq g _fit stions about this giv it peraftv
assessment gr -,ecia,
MQr&"Consent Teasecontact-c-citaO the W`afalit
ection stuff of the
ooresviIleR�giqpd_�.jfifflce a,LJ )3 Ik9
'(Date) Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresvi Ile Regional Office
Division of Water Quality
ATTACHMENTS
cc* Mooresville Regional Office Compliance File attachments
Raleigh Compliance/Enforcernent File w/ attachments
Central Files w/attachnients
rL'nia

ATTACHMEN'r A
CASE N. LV-2012-0033
Outfall Date Parameter Reported Value Permit Limit
its 11/30/11 'FSS 40.2 mg/L 30,0 nig/t, (monthly
average)
The City of Hickory response, to NOV-2012-LV-0 1, 17 received on February 22, 2012, was
reviewed by DWQ staff. Mitigating factors were not found to reduce the civil penalty
amount,

11
STATE OF NORTH TH CAROLINA DEPARTMENT OF l','N'VTI ONMENl,,,
AND NATURAL R_1_',,,S0URCES
t*tol ry OF CATAWBA
OF CIVIL PENALTY AGAI' I" AT NII II rvIWRATIVE I JEARING AND
CITY 01"HICKORY STIPULATION OF FACTS
FILE NO, 1,V-2012-0033
Having been assessed civil penalties totaling $,1,637.78 for violation(s) as set forth in the
assessment docume nt of the Division isi � an of Water Quality dated March T, 2012, the ttaae[crzgnewel,
desiring to seek remission of the: civil penalties, does hereby waive: the right to an aminisnativ
hearing in the above -stated niattervr and does stipulate that the facts Lice its alleged in the assessment
do urnewnt, The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to they Director ctor of the Division of Water Quality within 30 days to
receipt of the notice of'assessment. No new evidence in support rt of re missiOn request will be allovved
after 30 drays frorn the receipt of they notice of assessment.
This the day of 2012
BY
ADDRESS

JUSTIFICATION FOR E I I N REQUEST
,'Q CaseNumber: LV_202-00'3
Assessed Party: City of Hickory
County: Catawba
Permit Number: NVO020401
z . uuut ssesse+ m S1,637.78
Please use this form when requesting remission of this civil penalty. You must also complete the
"R eg u efit L)r ... i t , c .. aiyer° A ?ighl to on Administrative ar' ....:cjq ° at (, a () .Facts
form to request remission of this civil penalty, You should attach any documents that you believe
support your rearrest and are necessary for the Director to consider in evaluathig your request for
remission. Please be aware. that a request for remission is litnited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed,.
Requesting renussion 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 docurtient.
Pursuant to .C. . . § t 31f - .t(c), remission of a civil penalty may he granted only when one or
more of the following free factors applies. Please check each factor that yorr 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 he civitpenalty, assessment fiactors its N.C.G. w 1 �?�l0yl r� r
s µr qn gRallytt . lied to the detriment crf tlrc etitac ne )the � ssessment fixt�ars are Bite in the civil
_w
enalty assessment doc utr enr )
.) )'-
the violater ro tly abated crrr� irarrin ensiron-ir entt�l darn � z��u t ri � Crt� � tit
_ � �_ � �
vi�rlat ca (ix, explain the steps that you took to correct the violation and pr event. "zrture occurrences),
(c) the violation wase inadvertent err_a result of an accident (i.e, e.rpl in wky the violation
was trtaavoidable or something you could not prevent or rrgpare, rrr),-
(d) the violator had not been assessed v t enalties foriralati�srls;
(e tf�)g rer�rirn c�cssary reined rm
actions fi. e., expkiin how ac t#err rrt of the civil it a rrrrltr will prevent you ,ft�om perlbrming the activities
necessary to achieve e om liar ci° ).
E PI.AN ATION. (use additional pages, as necessary)

Violator:
�J �tv of H
Facility:
Northeast WWTP
County:
Catawba
Case Number:
LV-2012-0033
Permit Number:
NCO020401
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 from
the violation
iWIM14111:14
as
4) The cost of rectifying the damage; the cost is unknown,
5) The amount of money saved by noncompliance; the amount of money saved by noncompliance is
unknown. The WWTP was in the midst of an upgrade project during the violation period,
6) Whether the violationwas committed willfully or intentionally; The Division of Water Quality has
no evidence that the violations were committed willfully or intentionally.
7) The prior record of the violator in complying or failing to romply, with programs over which the
Environmental Management Commission has regulatory authority,; and
There have been 20 previous CPAs for the Northeast WWTP with no CPAs issued in the past 12
months,
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$137,78,
A
Date Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Report DaW 02/07112
PERMIT: NCO020401
FACILITY: City of Hickory - Northeast WWTP
COUNTY
Catawba
REGION: Mooresville
Limit Violation
C,.f -
MONITORING OUTFALL
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
11-2011 001
Effluent Solids, Total Suspended -
11/30/11 5 X week
mg/l
30,
4021
34�05
Monthiy Average ExCeeded
None
once
Cntration
4
q,
PERMIT- NCO064599
FACILITY: Halina R Genera - Lake Norman Motel WWTP
COUNTY: Catawba
REGION: Mooresville
Limit Violation
MONITORING OUTFALL f
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
11-2011 001
Effluent Solids, Total Suspended -
ConcentratIon
11/30/11 Weekly
Mg A
30
34,58
15.25
Monthly Average Exceeded
None
PERMIT, N00066397
FACILITY, Cleveland County Schools - Cesar Elementary School
COUNTY:
Cleveland
REGION: Mooresville
WWTP
Limit Violation
4;"
V" L
t
MONITORING OUTFALL/
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAME.7ER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
11-2011 001
Effluent CWiform, Fecal ME, M-FC
11,102/11 2 X month
#/1 00rnI
400"
606-
50
Daily Maximum Exceeded
None
Broth,44.5C