NC0020401_LV-2012-0065_20120320

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Marl s Wakild, P.E. Dee Freeman
Governor Director Secretary
August 20, 212 VK
CERTIFIED MAIL 7010 2780 ddtl a 4825 5703°b a 2 012
RETURN IE C"hIPT RF UF TF
t, E `V
Mr. Kevin B. Cheer.,, P.I.
City of Hickory Public Utilities
P. 0. Box
Hickory, NC 28603
Subject- Remission ission Request uest of Civil Penalty Assessment
NPDES Permit Number NC O02t 401
City of Hickory -- Northeast WWII'
Catawba County
Case Number ber LV-21112-0
Dear Mr. Greer;
Its accordance with North Carolina General Statute 1 _21-5.6 t), the Director of the North Carolina
Division of Water Quality considered the inftarmation you submitted in support of your request for
remission and remitted $1,875,00 of the $3,887.78 civil penalty assessment. The revised civil penalty is
therefore a total amount of 2,012.7 , which includes $137.78 in investigative costs. A copy ofthe
Director's decision is attached.
J' vo options are available to you at this stage of the remission process:
You may Puy 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 parynaent within thirty 0) calendar days of your receipt of this
letter to the attention of.
Bobled c
NC DEER- W _._ Point Source Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27 -1Ca17
OR
1617 Mail Service Center, Ralei h, North Carolina 27699-1617 One
Location: 512 N. Salisbury St, Rala�h, North Carolina 27604 <
Prone 919-807 6300 t FAX (C� 9IM07 6492 f '_,�trofi na
Internet www,ncwaterquaRtvj,org¢

Mr. Kevin Greer, P.E.
1,V-2012-0065 Remission Decision
p. 2
You may decide to have the E, nviron mental 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 Committee 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 coiripl eted form to:
Bob Sledge
NC DENR-DWQ -- Point Source Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
I'he 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 EEC 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 ge@,,ncdenrgov.
S"kerel
V
hn E. Hennessy, Supervi,`-
Compliance & Expedited Permitting Unit
Attaclurients
cc". Mooresville Regional Office — SWP Section
Enforcement File
DWQ Central Files

DIVISION OF WATER QUALITY
CIVIL PENALTY REMISSION FACTORS
Case Number. L-V-2012-0065 Region. Mooresville
Assessed Entity. City of Hickory — Northeast Creek WWTP
County: Catawba
Permit. 'NCO020401
El (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
El (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The City states it is in the midst of a, $23 million upgrade of the WWTP that will provide improved
wastewater treatment for years to come.
DTVQ appr(,eeiates the Cis as commitment to providing quality eaves aver treatment anti environmental
protection, However, it is not edthat son itar violationv occurred durinq the months just before and qfter
this inonth (December 2014),
E (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 WWTP facilities.
The process requires shutting down old equipment as new processes are activated, Changing conditions
place stress on the microorganisms within the system, leading to some deg , ance.
degree of underperform
These conditions are exacerbated when high flows enter the WWTP.
DT,VQ agrees with the (.,'ity's clahn the violations were inadvertent, but notes that the WTJ,"TP',F Dll'&�
rq/er to poor s ettling conditions existing within the clarifiers prior to the onset of hiq �hjlo iv. Data show
the TTVTP hael received high waste concentration influent prior to this episode of noncomplicince, and
that pretrealtnent stat were investigating potential causes of the unfavorable conditions,
El (d) Whether the violator had been assessed civil penalties for any previous violations-
The.facility ivos assessed civil penalties on five occasiOW during, the five years prior to this assessment
El (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied El
Full Remission L1 t in Enforcement Costs? Yes D No a
Partiat lien sicrs (Enter Amount)
Charles Wakild, RE. Date
rev I .O - 1-3 1.09

STATE OF NORTH CAROLINA ENVIROMMENTAL MANAGEMENT
COMMISSION
COUNTYOF CA'I"AWBA DWQ Case Number LV-2012-0,065
IN THE MATTER OFASSESSMENT
OF CIVIL PENALTIES AGAINST- REQUEST FOR OW&L PRESENTATION
City of Hickory
Northeast WWTP
I hereby request to make air oral presentation before the Etivit-oiiiiietita],NIanageiiient Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Managenient Commission and may be either granted or
denied,
Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina
-
AL14-tv, me—sqatatipumill be liantpd.to discussion of issues and, in & rpiattgn ssajhjj�Ltted _inniv, q �JqbpA emisskon request, and because
__Lr
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length,
The North Carolina State Bars Authorized Practice of Law Committee ties ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to I ers Nyho are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Btare's
opinion and whether anyone will be speaking in, a representative capacity tbr You or a business or governmental entity, If you or your
representative would like to ,spear before the Committee,
you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as air individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See wwwtic bar .corn/ethics Authori7ed Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion, 3,
If you are anindividual or business owner and are grantee] an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee, however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are ak?rpgratJran p,,g nj��j �xd presentation before the
an _ify and are granted an opportunity to make an oral pi
Conurrittee, 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 at licensed attorney, Presentation of facts by non -lawyers is permissible.
Ifyou choose to request an oral presentation, please make. sure that signatures on the, previously submitted Remission Request form
and this Oral Presentation Request forni are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who vaould not violate tire, State liar's Opinion on the unauthorized practice of
law,
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is infartned that a potential violation ofthe statute concerning the authorized practice of law has occurred.
'this the mm.day of 20
StGNATIJRE
TITLE (President, O'vvner, etc,)

North Carolina Department of Environment and Natural Resources
Division f Water Quality
Beverly Eaves Perdue Charles W kiid. RE. Dee Freeman
Governor Director Secretary
MEMORANDUM
T . Sledge
FROM: M. Allocco Acting Regional upervisor
THROUGH- P. Krebs
AT May 16, 201
SUBJECT: Request for remission of Civil Penalty Assessment
NPDES Permit Number N O02040
City of Hickory Northeast P
Catawba County
Case Number L - 2-006
MRO staff has reviewed the subject request for remission. The permittee asserts in the remission
request that "the violator promptly abated continuing environmental damage resulting from the violation"'
and that "the violation was inadvertent or the result of an accident,
EV-2012-00° 5 was issued after reviewing comments provided on the December tber 2011 DMR, the City of
Hickory's response to NV-20 2-lwV-01 53, and the remission request, This office agrees that the
violations were most likely due to WWTP upgrade activities and two storm events in early and late
December. Although the permittee did not request an SOC the upgrade activities were undertaken to
improve the reliability of the WVVTP especially during storm events. Therefore„ MRO would support'
partial remission 2 %) of the penalty in LV-2012-0065,,
tcore 4ie Re&nai Office
t.ccaton. 610 East Senterke.. Suite.361 Moorpsvffle, NC '811 a
Phom (704( 663-1699 t Fax. (734} 6 3-60401 Customer Service 1.877-523-6748
int rnet: wYAN,nmaterquality,org
An juaI Opportunity 1, Ati na Ye. c m. n t mplover ;0% pat*,
One

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PER I �ii ! RON ENRON! ll�W
M (d) The Violation was inadvertent or the result of an accident
HOM11010 "S
MOM

Regional Recommendation (Check Ones
.............. -
14
Request Denied [�] Full Remission [m
Partial Remission
Central Office Recommendation (Check Cane)
Request Dented Pull remission El
Partial Remission
Director's Decision (Check Cane
Request Denied Pull Remission E]
Partial remission Amount remitted
Date
Charles W kild, P. E., Director

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NORTH CAROLINA DIVISION (*,WATK!jtw i 1"
ASSESSMENT FACTORS
Violator: CA-YSkRicJKQnL------
Facility: Northeast WWTP
("ounty: Catawba
Case Number: LV-2012-0065
Permit Number: NCO020401
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 from
the violation
2) 'The duration and gravity of the violation; The weekly average BOD concentration for the weeks
ending December 3rd and 31st (60,6 mg/L. and 95,0 mg/L respectively) exceeded the permit limit of
45,0 mg/L by 34,7 to 111, 1 %), They were compliant for the three weeks in the middle of the month
The BOD monthly average concentration of 41,6 mg/L exceeded the permit limit of 30,0 mg/L. by
38.8%, The weekly average TSS concentration for the weeks ending December 3rd, 10th, and 31$t
(92.3 mg/L, 46,8 mg/L, and 146.8 mg/L respectively) exceeded the permit limit of 45.0 rng/L by 4,0 to
6.1 %). They were compliant for the two weeks in the middle of the month. The TSS monthly
average concentration of 60.2 mg/L exceeded the permit limit of 30,0 rig/L. by 100,8%,
•
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 violatbn period,
6,) Whether the violation was committed willfully or intentionally; The Division of Water Quality has
no evidence that the violations were committed willfully or intentionally.
Tt The prior record of the violator in complying or failing to coinply, with programs over which the
Environmental Management Commission has regulatory authority; There have been 21 previous
CPAs for the Northeast WVVTP with one CPA issued in the past 12 months, LV-2012-0033 was
issued for TSS violations during November 2011 - remission was requested.
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$13778.
4
gate Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office

North Carolina Department i
Divisic
Beverly Eaves Perdue Cha
Governor
April -IV, ZU12
Via E-Mail
Mr. Kevin B. Greer, P.E.
City of Hickory
R 0. Box 398
Hickory, NC 28603
Subject: Remission Request of Civil Penalty Assessment
City of Hickory - Northeast WWTP
NPDES Permit is CO020401
Case Number I.V-2012-0065
Catawba County
Dear Mr. Greer:
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
facility. YOUT request will be scheduled for review by the Director and you Neill be notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
bob. sl edge(�i)nedenT. gOV.
Sincerely,
d— 4 0< d'Zlr
Bob Sledge, Environmental Specialist
Compliance & Expedited Permitting Unit
cc. Enforcement File w/onginal s
Central Files vv/attachrrtents
Mooresville Regional Office w1attachments
1517 Mail Serke Center, Raleigh, North Carofina 27699-1617 0ne
Lwation: 512 N. Salisbury St. Rateqh, North CaroUna 27604
Phow 919-807-6100 \ FAK 919-807-6492 NofthCarohna
Internet: wwwmwaterquaky,org
m A, AWMrally
Equal OppoOmnity \AffirmbveActon 5,mpioye�r

City of Hickory
HICKORY PO Box 398
Hickory, NC 28603
Phone: [phone]
North Carolina Fax: [phone]
Life, V'VeO Crafted Email: kgreerQhickorvnc.00v
Public Utilities
April 12, 2012
Attn: Point Source Compliance f Enforcement Unit
Division of Water Quality
1617 Mail Service Center
1 9m
Raleigh, NC 27699-1617
APR 19 201e2
RE, Notice of Violation and Assessment of Civil Penalty - Request for Remission
Case No, LV-2012-0065
Northeast WWTP
NPDES PermiW NCO020401
Catawba County
Dear Sir or Madam:
The purpose of this correspondence is to request remission to the civil penalty (DWQ Case Number: LV-2012-
leg 65) that was assessed on the Northeast VVWTP Permit Number NCO020401. The Northeast Wastewater
Treatment Facility is currently undergoing an extensive construction effort to improve the ability of this facility to
treat the influent wastewater. We strongly feet that there are two factors that apply to our case and hope you
will consider the following explanations as you evaluate our request for remission. The factors to consider are
as follows:
b) the mot abated coni violator Droly tnui -n _Jns environmental dama e resuitin dam_qe resulti a 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):
As depicted in the monthly self -monitoring reports, the discharge from the Northeast Wastewater Treatment
facility for the month of December 2011 exceeded weekly and monthly limits for BOD and TSS, The BOD
exceedance, we feel, is directly related to the elevated level of TSS in the discharge. There were a number of
factors to consider in this event, however we feel that the principal reason behind this violation is due to
construction activities that are currently on -going. The project is at a stage where different processes are being
converted over to the new facility as necessary or as they are ready.Staff at the Northeast Wastewater
Treatment Facility are diligently monitoring the facility and making corrective actions as necessary to correct
issues. The staff at this facility attempted to lower sludge blankets in the Secondary Clarifiers due to a concern
of the Sludge bulking causing poor settling and increased Wasting Rates to remove solids from the process
train.
The situation that contributed to this event we strongly feet is being addressed through the upgrade of this
Wastewater Treatment Facility. The Northeast Wastewater Treatment Facility has a very long, affective track
history of compliance with their NPDES permit. The unfortunate difference as of late is directly related to the
changing conditions that the micro-organisms must endure due to the construction of a new facility, The City of
Hickory feels very confident that once construction activity is complete and the facility is running as intended in
the design we will be restored to our tradition of compliance, Staff at this facility prepared for the process
alterations appropriately by lowering MLSS and increase wasting prior to the processes being converted,
however the micro-organisms did not respond as well as envisioned.

Point =Source Compliancel Enforcement Unit
April 12, 2012
Page 2 of
The violations were inadvertent and unavoidable, No environmental damage occurred and to abate the
unfavorable conditions and prevent future occurrences, the City of Hickory is undergoing an extensive
renovation to upgrade the facility:
The City of Hickory is dedicated in protecting the environment and works diligently in providing proper
wastewater treatment at all times. The City of Hickory feats like the civil penalty amount assessed would be
more beneficial going towards paying off the debt incurred for the construction and upgrade project, which
would meet the goals of all parties involved; preservation and protection of one of North Carolinas natural
resources, water. We look forward to your decision in the matter of the ity`s remission request.
Thank you in advance for you cooperation and assistance through this difficult construction phase. The City of
Hickory values the continued partnership we share with the Department and I k forward to continued success
in our mutual goals of protecting our valuable natural resources. Should you have any questions please do not
hesitate contacting me
Respectfully-,
P...ra9
Mr. Kevin 1. freer„ P A�
I
P Mrs, Andrea Surraft, Assistant City Manager„ City of Hickory
Mr. Chuck Hansen, PE, Public Services Director, City of Hickory
Ir. Keith Rhyne„ ORC, Northeast Wastewater Treatment Facility
Mr. Keith Webb, PE, NEWV4TP IAA, McGill Associates

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
COUNTY OF CATAWBA AND NATURAL RESOURCES
Ili THE MAtTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL P _ T Ty AGAINST A ADi'v11,NlSTArATIC' E HEARD4G AND
CITY OF HICKORY STIPULATION OF FACTS
PERMIT NO. NCO020401
FILE NO. LV-2012-0065
Having been assessed civil penalties totaling $3 ,887.78 for violation(s) as set forth in the
assessment docutnent of the Division of Water Quality, dated March 30, 2012, the undersigned,
desiring to seek 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 in the assessment
document. The undersigned ftirther 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 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 t day Of 2012
B
ADDRESS
PO Box 398
uikr 603
TELEPHONE
828-,323-7427

D Q Case Number: LV-2012-0065;
Assessed Party: City of Hickory
County: Catawba
Permit Number: NC0020401
Amount Assessed: $3,887.78
Please use this fonn when requesting remission of this civil penalty. You must also complete: the
st trr errri sitrra 'ai er r lrt inistr°ative HeariMz an St atl�ati rr facts'
form to request remission of this civil penalty, You should attach any docurnents that you believe
support your request and are necessary for the Director to consider in evaluating your request fcr
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 s iclation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N- C.G. S. § 143 B-2 82. 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 docurnents, as to why the
factor applies (attach additional pages as needed.
(a) one or more of the civil coal ass anent factors in N. .G. . 14 -�2 7,1 b were
svron f.rlly a lied t+ the detri nt f the etititan r (the assesrmer t j actars are listed in the civil
pena4 assessment document) -I
lthe l vinlatie�i. e�, lairrthe steps that y cam took tcr� act � violation and d e resulting frcarn alas
preventfuture occurrences)
(c) (i.e., explain why the violation
was unavoidable or somet iirr you could notprevent orpr=e rare for),-
() the violator had not been assessed civil enalties for anviral ti+ ns
( av ant crftlae civil pnalty v�ill rcvnt a ent fr �e fe ai an ncessary rernddial
actions (i. e., explain how payment of the civil penalty will prevent you ftom performing the activities
necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)LI
a F�;•
APB 19 2GI2
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Pr A4*7A FIL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld, P.E. Dee Freeman
Governor Director Secretary
March 30, 2012
CERTIFIED MAIL 7010 2780 0003 14619430
RFTURN RECEIPT REQLES I`Lp
Mr. Mick Berry, City Manager
City of Hickory
P.O. Box 398
Hickory, North Carolina 28603
S t JBJ E C T Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1(a)(6)and NPDES Perrmt No. NCO020401
Northeast WWTP
Catawba County
Case No. LV-2012-0065
Dear Mr. Bemy,,:
This letter transinits a Notice of Violation and assessment of civil penalty in the amount of
$3,88738 ($3,750.00 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 for December 011. This review has shomm, the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NCO020401. flie 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 Hickory violated the
terms, conditions, or requirements of NPDES Pert -nit No. NCO020401 and North Carolina General
Statute G. .) 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).
used upon the above findings of fact and conclusions of law, and in accordance 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,
Mooresville Regional Office
Location: 610 East Center Ave., Suto 3,01 Mooresville, NC 28115
Phone' [phone] i Fax: l704) 663-6040 t Customer Service: 1-877 -623-6748
intemet httpWporlal,ncdenr,org/web1wq
A 'n Equal L )pponunfty 1, Affirniotive Aaon Employer - 30% Recyded"IA Posi Consumer pape;
One
NofthCarolina
Naturally

750.00 For 2 of the two (2) violations of G. S . 143-215, 1 (a)(6) 14
and NPDES Pe. it No, NCO02040 1, by discharging waste into
the waters of the State in violation of the permit weekly average
effluent limit for biological oxygen demand (BOD),
$ 1,125.00 mms For I — of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPDES Pernut No. NCO020401, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for biological oxygen demand (BOD).
_'750.i00 For --- 2 of the three (3) violations of G.S. 143-215.1(a)(6)
find NPDES Permit No. NCO020401, by discharging waste into
the waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
13T78
For —.-- I _ of the one (1) violation of G.S, 143-215.1(a)(6) and
NP DES Pe it No. NCO02 040 1, by discharging waste into the
waters of the, State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
TOTAL CIVIL PENALTY
Enforcement costs
3M7,78 TOT AL 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. I (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 violations,
(2) The 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 damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were 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 days of receipt of this notice, you must do one of the following:
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 waiverfibrM), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of,

Fr
Point Source Compliance/Enfoieo e t Unit
Division of Water Quality,
1617 flail Service Center
Raleigh, North Carolina dg -1 1
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 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 theviolation(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 Est be
accompanied by a wvaiver 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 ofWater {;duality at the address listed
be -low. In determining whether a remission request will be approved, the following factors shall be,
considered.
(l) whether one or more of the civil penalty assessment factors in G.S, 1 31 -2 2®1(b) were
wrongfully applied to the detriment of the petitioner,
( whether the;violator promptly abated continuing envi ontnental damage resulting from
the violation;
f 3whether the violation was inadvertent or a result of an accident,
4 whether the violator had been assessed civil penalties for any previous violations; or
(,) whether payr lent of the civil penalty will prevent payment for the retraining necessary
remedial actions:
Please note that all information presented in support of Your request let remission must be,
submitted in Wr-iting The Director of the Division sion of Water Quality will review your evidence and
inform you of Ins 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 nt Commission's Committee on Civil Penalty Remissions (Co ittee).
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 mid thorough statement in support of your request for remission.
In ruder to request remission, you must complete and submit the, enclosed "Waiver of Right to
an Administrative hearing and Stipulation of Facts" form within thirty, ( days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit the enclosed
"Justification for Remission Pequest,"" Both forms -should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
loll flail Service Center
Raleigh, North Carolina 7 g-1 1

am
3. File a petition for an administrative hearing with the Office of AdministrativeHearings:
Ifyou wish to contest any statement in the attached assessment document you rnustfile a
petition fear ran administrative hearing. You rnay obtain the petition forrri from the Office of
Administrative, Hearings. You most file the petition with tile Office of Administrative Hearings
within thirty (30) days of receipt of this notice, A petition is considered filed when it is received it)
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 Pm.'
except for official state holidays, The petition relay be filed by lacsimile'(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 § 15013-232) is received in the Office of Administrative Hearings within
seven (7) business days following the fimed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding the filing f. and/or the details of the
filing process. I'lle mailing address and telephone and fay: riurnbersfear the Office of Administrative
Hearings are as follows.,
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-Cr 714
Tel' [phone]; Fax: [phone]
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/time received stamp (not a postmark-), vsfll 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 in be assessedfear violations that occur after the
review period of this assessment. If the violations are of a conting'
rationan tr
citie . --. may wish
— sthen on
torrr if i ativ
have 411Yq I
5 -4t2s_ti0n,5 about this ciyil penqlV
as
M e ter uali Sq-c—tion stqIfof the
'4-
Robert B. Krebs, Regional SuPeTvisor
Surface Water Protection
Mooresville Regional Office, Division of Water Quality

PF
-FACH T s
cc: Mooresville Regional Office Conipliance File w/attachments
Raleigh n li c 11 nforeemenFile / attachments
Central Files w/ attachments
l 'm

ATTACHMENT A
CASE NO. LV-2012-0065
Outfall
Date Parameter
Reported Value
Permit Limit
001
12/3/11
BOO
60.6 mg/L*
45.0 mg/L (Weekly average)
001
12/31/11
BOD
95.g/I-*
45.0 mg/L. (Weekly average)
001
12/31/11
BOD
41.6 mgiL*
30.0 mg/L (Weekly average)
001
12/3/11
TSS
92.3 mg/L*
45.0 mg/L (Weekly,average)
001
12/10/11
TSS
46.8 rig/L.
45,0 mg/L (Weekly average)
001
12/31/11
T'SS
602 rng/L*
45.0 ro,g/L (Weekly average)
001
12/31/11
'FSS
146.8 mg/L*
3 0 0 mg/L (Week] y average)
Denotes civil
penalty assessment
`Fhe City of Hickory response
to NOV-2012-LV-0153 received on February 22, 2012, was
reviewed
by, DWQ staff.
Mitigating factors were found to reduce the civil penalty
amount.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CATAWBA
FN THE MATTER. OF ASSESSMENT AI OF RIGHTTy A
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING 1 AND
CITY OF HICKORY STIPULATION OF FACTS
PERMIT NO. NCO020401
FILE NO. LV-201 M006
Having been assessed civil penalties totaling $3,887.78 for viol tionis as sot forth in the
assessment document of the Division ofWater Quality dated March TT 0 the undersigned,
desiring to soli remission of the ivil penalties,, does hereby Naive the right to administrative
hearing in the above -stated attar and does stipulate that the Facts are. as alleged in the assessment
document. The undersigned further understands than all evidence presented in support of remission of
this civil penalty, must be submitted to the Director of the Division of Water Quality within 30 days of
receipt ofth. notice of assessment, No new evidence in support of a remission request will be alio-'v d
after 30 days frorn the receipt of the notice of"assessment.
This the mm: _. w _ day of _. 01
...... -...
T
ADDRESS

DWQ Case Number: LV-2012-0065
Assessed Party: City of Hickory
County: Catawba
Permit Number: NCO020401
Amount, Assessed: $3,887.78
Please use this fonn when requesting remission of this civil penalty. You must also complete the
q ace.
�t For Re7niss,i0A._jtaivcr an Administrative Hear
form to request remission of this civil penalty. You should attach any documents that you believe
support your request mid 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 remonableness 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 EG.S. § 14313-282. 1 (c), remission of a, civil penalty Tnay 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
f actor applies (attach additional pages as needed,).
(a) one, or more of the civil pep4lty assessirreuLfactor,S. l43B-282jjb)__Wq�re
pa_ -jinT.C.G.N
ygc)qgfuj1A,_applied to t lie 4elrimerit of the_p itioggr he asus essmentftictors are listed in the civil
penalty� assessnient document),-
(b) the violat iaL19
or )r Inthun environmental dan
violation (i. e, explain the steps that J11ou took to correct the violation andprevent,future occurrences):
(c) the violation was inadvertent or a result of an accident (i,e, explain ujl�y the violation
was unavoi &ibleor something, you could not prevent or preparefor),°
(d) the violator had not been assessed N in n 5
(e) payment of the civil- p iiAlLy: L11 ey,nLpgamjgnt forthe rej remedial
actions (i,e., explain how pqyinent o 'the civil penalty, will, revent youftom performing the activities
necessary to achieve compliance).
EXPLANATION: {use additional pages as necessaty)

Violator:
City of Hickory
Facility:
Northeast WWTP
County:
Catawba
Case Number:
Permit Number:
NCO020401
The degree Andtxteht of harm to the natttral resources of the State, to the public health, or to
private property resulting front the violation-, No envirohnneht�al harm has been documented from
the violation
5) 7fhe amount of money saved by noncompliance; the amount of money saved by noncompliance is
unknown. The WWTP was in the midst 6fan upgrade project during the violation period.
6) Whether the violation was committed willfully or intentionally- The Division of Water Quality has
no evidence that the violations were committed wlllfull� or intentionally.
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$13738,
Date Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office

REG
I N. Mooresville
ACTION
PERMIT, NCO020401
FACILITY: City of Hickory - Northeast WWTP
COUNTY- Catawba
REGION: or svill
Limit' Violation
I-
MONITORING
OUTFAL L d
VIOLATION
UNIT OF
CAiUULATEI?
REPORT
Ppi
LOCATION
PARAMETER
DxrE
FREQUENCY
MEASURE
LIMIT
VALUE
%OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
12 -2011
001
Effluent
BOO, 5-flay (20 Deg. C) -
12/03111
5 X week
mgli
45
60S '"
3467
Weekly Average Exceeded
None
Concentration
12 -2011
001
Effluent
BCD, S-Day (20 Deg. C) R
12131111
5 X week
mgdi
30'
41.53 `•
38,77
Monthly Average Exceeded
Norte
Concentration
12 -2011
001
Effluent
BOD, 5-Day (20 Deg. C) -
1 131I11
5 X week
m A
45 '
g ''.,
111.11
Weekly Average Exceeded
None
Concentration
12 ®2CT1
fl11
Effluent
Solids, Total Suspended -12103111LI
R
5 werk
rngdl
",3 '
1tT5,11
Weekly average Exceeded
t,m.
None
Concentration
12 -2011
001
Effluent
Solids, Total Suspended -
12110111
5 3t week
rng1E
45 "
40, ''
4
Weekly Average Exceeded
None
Concentration
12 -201 t'
001
Effluent
Solids, Total Suspended ®
12131111
5 X week
rngfl
30 `
60„24 °,.
100.79
Monthly Average Exceeded
None
Concentration
12 -2011
001
Effluent
Solids, Total Suspended -
12/31111
5 X week
rngll
45 '
145.75 N
226.11
Weekly Average Exceeded
None
Concentration