NC0020401_LV-2012-0080_20120515

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J CITY OF HICKORY
&'PO BOX 398
Ti HICKORY NC 28603
-5ATTN: MR MICK BERRY, CITY MGR.
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NCDENR
SURFACE WATER PROTECTION
610 EAST CENTER AVE.
SUITE 301
MOORESVILLE NC 28115

FALE,, .. '
North Carolina Department of Environment and Natural Resources
Division of Water uality
Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman
Governor Director Secretary
May 15, 2012
CERTIFIED MAIL 700 2780 0003 14619485
-RFTURN RFCEIPT RE4 oulps,r]ED
Mr. Mick Berry, City Manager
City of Hickory
P,O. Box 398
Flickory, North Carolina 28603
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violation,,, of'N.(",, General Statute
143-215. 1(a)(6) and NPDES Permit No.N('0020401
Northeast wwrp
Catawba County
Case No. LV-2012-0080
Dear Mr. Berry:
This letter transmits a Notice of Violation and assessment of civil penalty, in the amount of
$762.78 ($625.00 civil penalty + $137.78 enforcement costs) against the City of Hickory.
This assessment is based upon the following facts, A review has been conducted ofthe self -
monitoring data reported for January 2012. This review has shown the sui ject facility, to be in
violation of the discharge limitations mund in NPDES Permit No. NCO020401 x 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 Hickory violated the
terms, conditions, or requirements of NPDES Permit No. NCO020401 and North Carolina General.
Statute (tip. 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 accordarice with authority
provided by the Secretary of the Department of EnViTont'nent 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-
Mcoresville Regional Office
Location- 610 East Center Ave,, Suite 301 Mooresville, NC 28115 - One
Phofte: (7041 663-1699'� Fax� (,704) 663,6040'� Custorner -Servics, 1,877-6236748 , Not-thiCarolina
An Equal Oprmtu My,, Aft"irmanve tmn E mployef - 309% Recycled,, 10% P05,1 Cons-er POW Ivaturallil

125.00 For I ofthe sane (l)violationof'G.S, 143-215.1(a)(6)and
NPDES Permit 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 (BOO),
0,00 For I of the one (1) violation of G.& 143-215. 1 (a) (6) and
NPDES Permit No. NCO02040 1, by discharging waste into the
water,-, ofthe State in violation of the permit monthly average
effluent limit for biological oxygen demand (BOD).
$-1'25M For — 2 l of the one (1) violation of G.S. 143-215, I(a)(6)
and NPDES Pen -nit No. NCOO2104ill, by discharging waste into
the waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
$ 375.00 For I of the one (1) violation of G.S. 14-3-215.1(a)(6) and
NPDES Permit No, 'INIC0020401, by discharging waste into the
waters of the State in violation of the pemiit monthly average
efflUent limit for total suspended solids (FSS).
625.00
S-------I37.78 --
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, 143 B-282, I (b), which are:
(1) The degree Lind extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) 'rhe duration and gravity, of the violations;
(3) The effiect on ground or surface water quantity or quality or oil 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,-
L Submit payment of the penalty:
payment should be made directly to the order of the Department of Environment and Natural
Resources (do not includervaiver.,lbri?i), Payrnent of the penalty will not foreclose further
enforcenient action for any continuing or new violation(s),
Please submit payment to the attention of,

Point Source Compliance Enforcement 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 remissionis limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the penalty, assessed, Requesting
rernission is not tiie 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 Quality at the address listed
below. In, determining whether a rernission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143 B-282, I (b) were
wrongtblly applied to the, detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darnage 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 ally 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 oftbe Division of Water Quality will 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
Environmerital, Management Commission's Committee on Civil Penalty Remissions (Cominittee),
Please be advised that the Committee cannot consider infortnation 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 form within thirty (30) days of receipt of tl�hs
kdritinistrative I, learing and Stipulation of Facts'
notice. The Division of Water Quality also, requests that you complete and submit the enclosed
cation
1 onfor Remission Request," Both forms should be submitted to the following address-.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

0M
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If yen wish to contest any, statement in the attached assessment document you must file at
petition for an administrative hearing. You may obtain the petition formfrorn 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 nornn'-d 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 In
attached file (with restrictions) - provided the signed original, one (1) copy and af-iling fee (if a filing
fee is required by NCGS § 15013-212) is received in the Office of Administrative Hearings within
seven (7) business days .followin g 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 aslicillows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]jax: [phone]
One (1) copy, of the petition must also be served on DETNR as folloNvs:
Mary penny Thompson, General Counsel
DI NR
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), 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
revievv period of this assessment. If the violations are of is cq)rnjn-Ljri&nqturqn2Lret d to o ation
arid/or maintenance problerns and liqu An9ci te remedial construction activit, s then vou may Nvish
�you
to consider Consent. If hav
PjLe -----An1,qqqstj.oalas about this ei,viLp
(Date) Robert B. Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office, Division of Water Quality

ATTACHMENTS
C' Mooresville Regional Office ComplianceFil w/ attachments
Raleigh mliance/En 'c merit File / attachments
Central Files v / attachments
rk-,'

A ACUXi4VXI A 11
CASE NO. LV-2012-0080
Outfall
Date Parameter
Reported Value Permit Limit
001
1/14/12 BOD
75,6 mg/L* 45.0 mg (Weekly average)
001
1/3 1 /1 BOD
34.4 mg/L 30.0 mg,/L (Monthly average)
001
1 / 1, 4/12 TSS
10 1 .4 mg/,t,* 45,0 mg (Weekly average)
001
1/31/12 TSS
3 8.7 mg/11 X0 mg/l. (-Monthly average)
Denotes civil penalty assessment
The City of Hickory response to NOV-2012-LV-0
198 received on April )0, 2012, was
reviewed
by DWQ staff. Mitigating
factors were and to reduce the civil, penalty
amOUTA.

STATE OF NORTH CAROLINA
COUNITY OFCATAWBA
DEPAUMENTOF ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATJ`ER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST d,kDMMSTRATIVE HEARING AND
CITY OF HICKORY STIPULATION OF FACTS
PERMITNO, NCO020401
FILL NO. LV-2012-0080
Having been, assessed civil penalties totaling $262 7 1 _-,.-8 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated12, the undersigj
15 20 ned, 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 documem The
undersigned further understands that all evidence presented in support of remission of this civil,
penalty must be submitted to the Director ofthe Division of Water Quality within 30 days of receipt of
the notice of assessment, Nonew evidence in support of a remission request will be allowed after 30
days from the receipt of the notice of assessment,
This the dkv of_ - ------ - 2012
BY

JUSTIFICATION FOR REMISS192LELQLM
DWQ Case Number: LV-2012-0080
Assessed Party: City of Hickory
County: Catawba
Permit Number: NCO020401
Amount Assessed: $762.78
Please use this form when requesting remission. of' this civil penalty, You must also complete the
"Be `t�a -t 'a
�q �ieq For Remiss i�i, ff"aiv ' & io ±,r ( —
J)Jft -- � ulq �on o cts
_to aw 4drninistrative Hearin ind L
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 rernission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the arnount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violationts) 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 eachfactor that you believe applies to your
case and lira vide a detailed explanation, it chiding copies of supporting documents, as to wily the
factor applies (attach additional pages as, needed).
(a) one or more of the civil ..pstiqlty a, �eKnj f in NNC.Gj-'S- 4-31,1-2821hj were 5� - pnrJjjcL- �---j— --
,�yron j d gkfly ap repL o the detrionent jif flie etitior (the assessinent _fn actors are listed in the civil
_- -__-- -- ----R—
1)enalty assessment document);
(b) the violatoo _j)r pro, nn,,g environmental Vitap -_sultin, from the jitly abated contin
---m __ k _
,y�iojation (Le, e.xI)lain the steps that you took to correct the violation and.preventfuture occurrences)"-
(c) the violation was inadvertent or a result of an accident (i.e- explain why the violation
was zinvoid able or somethingyou. could not prevent or preparejor);
(d) the viol ator had not been assessed eiNiLp egghies for anv.j)iLeviousviolations,
(e) VAyragnt of the eivil-pLaltK -jyL -pL ifl, e renugning, to ary q Bess remedial
actions (i. e, , explain how payment stile civil penaky will preve,,,nt you,,#arn pet°fbrming the activities
necessar-1, to achieve comj)liance),
EXPLANATION: (use additionalpages as necessar_p)

NORTH CAROLINA DIVISION OF WATER QLA.LITY
ASSESSMENT FACTORS
Violator: ('ity Hickory
Facility: Northeast WWTP.-...-.-
County: Catawba
Cast Number:
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 week
ending January 14th (75.6 mg/L) exceeded the permit limit of 45.0 mg/L by 68%). They were
compliant for the other three weeks in the month. The BOD monthly average concentration of 34.4
mg/L exceeded the permit limit of 30,0 mg/L by 14,7%, The weekly average TSS concentration for
the week ending January 14th (101A mg/L) exceeded the permit limit of 45,0 mg/L by 125 3%). They
were compliant for the other three weeks in the month The TSS monthly average concentration of
387 mg/L exceeded the permit limit of 30.0 mg/L by 29%
4) The cost of rectifying the damage; the cost is unknown.
4) Whether the, violation wm committed willfully or Intentionally; The Division of Water Quality has
he evidehce that the Violations were committed Willfully or intentionally.
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$137,78,
ry
Ca to Robert B, Krebs, Regional Supervisor
Surface Water Protection
Mooresville Regional Office

MONITORING REPORT(MR) VIOLATIONS for: Report DaW 04113112 Page: 1 of 6
PERMIT- NCO047091
FACILITY: K B I LLC Kurlander Beggs Investments LLC - Silver
COUNTY; Cabarrus
REGION: Mooresville
Maples Community
Limit Violation
MONITORING OUTFALL I
WOLATION
UNIT OF
CALCULATED
REPORT PEI
LOGATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
01 �2012 001
Effluent Coliform, Fecal MR M-FC 01/04112 Weekly
#/100MI
400
600'\,
50
Daily Maximum Exceeded
None
Broth,44,5C
PERMIT: NCO020401
FACILITY: City of Hickory - Northeast WWTP
COLINTYa Catawba
REGION: Mooresville
Limit Violation
t
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED
REPORT PEI
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
WOLATION TYPE
VIOLATION ACTION
01-2012 001
Effluent BOD, 5-Day (20 Deg C) - 01114112 5 X week
Mg/I
45
75.6
68
Weekly Average Exceeded
None
Concentration
01 �2012 001
Effluent BOD5-Day (20 Deg, C) - 01131/12 5 X week
mg/l
30
34A
14.67
Monthly Average Exceeded
None
Concentration
01 .2012 001
Effluent Solids, Total Suspended - 01114/12 5 X week
Mull
45"
101A
12533
Weekly Average Exceeded
None
concentration
01 w2012 001
Effluent Solids, Total Suspended - 01131/12 5 X week
mg/I
30
387
29
Monthly Average Exceeded
None '?",'ri
Concentration
. ....... . ..
PERMIT: NCO025542
FACILITY- City of Hickory - Catawba WWTP
COUNTY:
Catawba
REGION: Moor
Limit Violation
MONITORING OUTFALL/
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE,
%OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
01-2012 001
Effluent Solids, Total Suspended - 01129112 Weekly
Mqji
45 y
49
889
Weekly Average Exceeded
None
Concentration