NC0024252_Enforcement_20180206

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a Tot CITY OF CONOVER
a se. PO BOX 549
CONOVER NC 28613-0549
ATTN: MICHAEL FOX
Cit dwr/wb 2/6/18

/GI 1111GY nlml ad1 vIL.c FJIYVIuca urd Iunuvrnly ucncrlw.
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CITY OF CONOVER / l'^U'
PO BOX 549
CONOVER NC 28613 0549
AT TN: MICHAEL FOX
)
dwr/wb 2/6/18
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COOPER
NC
L -;. .
SWOVtWIV
a e ou
Match `, 2018
Michael Lee Foy
City of Conover
PO Box 549
Conover, NC 28613-0549
Subject: Payment Acknowledgement,
Civil Penalty AssessmentNortheast VOW"
PermitCounty Catawba
Case No. LV-2018-0026
Dear r. a
This letter is to acknowledge,i d. 077207 in the amount of $2,10100 receivedyou dated
/201 . This payment satisfies in fall the i `1 assessment levied against the subject facility and this case has been
closed.Payment of this penalty in no way precludes futurei Divisionitio violations of the
applicable statutes, regulations, r
If you have any questions, please call Wren Thedford at919-807-6397
Sincerely,
12
Wren Thedford
Administrative Assis t
+�tr ii��:d�r Via* at���war'G;�r-#art

Water Resources
ENW40NMENTAL OUAUTY
tsWd
wtma 9M*P—t go
February 6, 2 018
Michael Fox
City of Conover
PO Box 549
Conover, NC 28613-0549
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. l(a)(6)
and NPDWW lieitNo. NCO024252
City of Conover
Northeast WWTP
Case No. 1.V-2018-0026
Catawba County
Dear Mr. Fox:
ROY COOPER
GalvrwT
NUCILAML S- REGAN
Secretszr�
LIND-A CULPEPPER
lhlenm Dirwfor
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,103.29 ($2,000,00 civil penalty
+ $103.29 enforcement costs) against City of Conover.
This assessment is based upon the following facts-, a review has been conducted of the Discharge Monitoring Report
I
(DMR) submitted by City of Conover for the month of September 2017, This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found inNPDES WW Pen -nit No, NC00242S2. The
violations, which occurred in September 2017, are suramarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Conover violated the ternis, conditions or
requirements of NPDES WW Permit No. NCO024252 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G,S. 143-215. 1 (a).
Based upon the above findings of fact and conclusions of law, and in accordance with authorit-y provided by the Secretary
of the Department of Environmental Quality, and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment of City of
Conover:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 30 1, Mooresville, NC 28 115
704663-1699

1
$ i AKO - 00 1 of the 1, violations of 14' )-215, 1 (a)(6) and PeitNo.NCO024252, by discharging waste water into
the waters of the State in violation of the Pen -nit Monthly Average for ROD - Cone. 4
$ 1 _.000.00 I of the I violations of 143-215 . I (a)(6) and Perpit 'No.NC0024252, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-,N - Cone.
_$_0ML0 0 of the I violations of 143-215. 1, (a)(6) and PenitNo.NCO024252, by discharging waste water 'into
the waters of the State in violation of the Permit Weekly Average for ROD - Cone,
$2,Q00.Q0 TOTAL CIVIL PENALTY'
Enforcement Costs
$2 3,29 TOTAL AMOUNT DUE AQL_
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 proper( -
resulting from the violation-,
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality, or on air quality;
(4) The cost of rectifying the damage,
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management. Commission has regulatory authority-, and
(8) The cost to the State of the enforcement procedures,
Within thirty (30) days of receipt, of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a, written request for remission, OR
(3) Submit a written request for an administrative bearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality ((Icy riot include waiver
,form), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit pkvment to the attention of.,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

FOption 2: Submit a written request for remission or mitigation including a detailed justification for such
r cquest:
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 r
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 docurnent. Because a remission request forecloses the option of an administrative, hearing,
such a request must be accompanied by a waiver of your fight to air administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penally'I red below,
should be remitted, and submit it to the Division of Water Resources at the, address Its
In determining whether a remission request will be approved, the following factors sliall be, considered:
(1) whether one, or more of the civil penalty assessment factors in NCGS 14313-2811 (b) was wrongfully
applied to the detriment of the petitioner;
(2) -txhcther the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of air accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil Penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inforni you of his decision in the matter of
yodur remission request. 'The response will provide details regarding the case status, directions for payment, an
provision for further appeal of the penalty to the Environmental Management Cornmission's Committee on Civil Penalty
Remiss i(xis (Comm ittec). Please he advised that the Comm ittee 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 ofyour request for remission.
von mu.;t coninlete and submit the 4Zn lo, gd Re nest or Ike Ectialties,-
_ _�Lj _!-__q f— A
') �41v Vi jus
notice. o Vater Resour
jfte—D �,, is —ion Of-M-0— Ccs_Aisg uest-s tha -,ou complete Ann subm
A— Lt he _enelpsed
Re, ,mtssiort_Rcquest."
Both forms Should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Njail Set -vice Center
Raleigh, North Carolina 27699-1617

Ontion 3- File a petition for an administrative hearing with the Office of Administrative HearinLys:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during nonrial 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 art attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if;a filing fee is required by NCGS § 15OB-23 .2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
should contact the Office of Administrative Hearin Os with all uestions regarding the filing fee and/or the details of the
filiR9_pjQQj_Css.
The inailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax- [phone]
One (t) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate, the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Of 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, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at (704) '11,35-21,92 or via, email at wes.bell(ncdenr,gov,
A!
tow
W. Corey Basinger, Regional Supei-visor
Witter Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, CD a(
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQIJFST
Case Numher: LV-2018-0026 County: Catawba
Assessed Party: city, of Conover Amount Assessed: $�2.103L-19
Permit No.: NCO024252
Please use this form when reoluesquest For Remission,ring remission of this civil penalty, You must also complete, the "Re 47ai ver of Right to an Administrative Hearing, anel Stipulation of Facts "'form to request remission of this civil penatty.
request and are. necessary ft)r the Director to consider in
You should attach any documents that you believe support your
evaluatingyour 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 docunrent. Pursuant to N.C,G,S, § 14313-281 I(c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why tire
factor applies (attach additional pages as needed).
(a) one or more of the civil penalt), assessment factors in N.C.G.S. 14313-28241 . I (b) were wrongfully applied to the
detriment of the petitioner (the assessinentfactors are listed in the civil penally assessment document) I
(b) the violator promptly abated continuing environmental damage, resulting from the violation (Le., explain the
steps that you took to correct the violation and prevent./ilture oecurrence:r),'
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was uncn,,oidtible or
something,you couhl not prevent orpreparefor);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty, will prevent payment for the remaining necessary remedial actions (i.e., e.xplain
how pqytnentqf the civil penalty will preventyoujvoffipe�forming the activities necessar.v to achieve
compliance).
EXPLA_NATON .

STATE OF NORTH C'AI1OLI IA
COUNTY Y OF CAT.,AWBA
--IqDEPARTMENT OF ENVIRONMENTAL QUALITY
III `I"FIE IvtA'I"`CTR OF ASSESSMENT )WAIVER OF RIGHT`I'
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEAII I AND
STIPULATION OF FACTS
City of onovex
Northeast WWTP
PFRM IT NO- NCO024252 CASE NO. LV-2018-0026
ay.in been assessed civil penalties totaling 03.29 for violation(s) asset forth in the assessment document of the
Division of Water Resources dated, FelarcE _.O6 01 , the undersigned, desiringto eels remission f the civil penalty, dues
hereby waive`the right to an administrative hearing in the above -stated natter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (0) days
rom, the receipt of tire notice of assessment,
'this the a ,w _ ._ m mmmday, of . ..M � __.._ �.. � iI
SIGN A Tt ? RF
1 El ..FPI-It F

ATTACHMENTA
City of Conover
CASE L - 01 - 2
PERMIT:
NCO,024252
REGION:
Mooresville
FACILITY: Y
Northeast WWTP
COUNTY:
Catawba
LIMIT lT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated ° Over
Violation
Penalty
Date
M onthfYr
parameter
Frequency
Measure
Value<
alue Limit
Type
Amount
9/30/2017
9-2 17
BOD, -Clay (20 Deg.
3 X week
mg/1
3
1013 291
Monthly
1,990.90
') - Concentration
Average
Exceeded
9/3012017
9-2017
E D, -Day 20 Deg,
3 X week
mg/l
12
1145 3.7
Weekly
$0.00
- Concentration
Average
Exceeded
9/3012017
9-2017
Nitrogen, Ammonla
3 X week
mg/1
2
4,13 1063
Monthly
$1, 00,00
Total (a N)
Average
Concentration
Exceeded

Outtall Outtall Description
01 Effluent to Lyle Creek
Waterbody Name
Lyle Creek
Permit Number: NCO024252
Enforcement Factor: 1.00
R
Sample Location: f3iutfall 001 m Effluent
'violation
Unit of
Limit
Calculated
% Over
Data Parameter
Frequency asur
Value
value
Limit Action
913012017 SOD, 5-Day (20 Deg p-
3 k week mgA
8
10,30
29.1
Concentration
913012017 Nitrogen, Ammonia Total (as ) .
3 X week rng/l
2
410
1063
Concentration
Weekly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter P 2n y^Measure Value Value Llmit; Action
9130/2017 BOO, 5-Day (20 Deg, ) - 3 X week gll 12 12,50 37
Concentration
Daily Litnit Violation
Sample Location: i tfall 001 - Effluent
Violation: Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit Action
9/25/2017 Chlorine, "total Residual 3 X week ugtl 28 29 3.6 No Action, BPJ
Page 1 of

Supervisor Remarks:
Completed by- Date:
Assistant Regional
Supervisor Sign -off: Date:
Regional Supervisor
sign -off. state.
Page 2 of

Prior 1 -month Enforcement Histor
Permit Number: NCO024252 reportPeriod: September 2017
Other Violation
Sample Location:
violation Report Violation
Date Period Parameter Type NOD NOV CPA
71 7/2017 Mol tion detected N{117. 17
during inspection
Pan 3 of

CITY OF CONOVER PUBUC WORKS DEPARTMENT
I I I IN 11111111 1 11 1111, 1
P.O. BOX 549 Phone [phone]
CONOVER, NC 28615-0549
February 5, 2018
Mr. Corey Basinger
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Ave., Suite 301
Mooresville, N.C. 28115
Dear Mr Basinger:
This letter is in response to Notice of Violation & Intent
to Assess Civil Penalty tracking #:NOV-2018-LV-0041. The City of
Conover NEWWTP exceeded permit limits on POD with a permit limit
value of 8 mg/1 and a monthly average value of 14.35 mg/l. The
BOD weekly average for the 5th week was 12.45 with a limit of 12
Mg/l.. The N113 as N monthly permit, limit of 2mg/l had an
monthly average value of 4.13 mq/1.
The City of Conover had concern with COPAK company, whi&i
is a manufacturer of tortilla chips, off and on for several
years. Back in September of 2015 the problern got so bad Conover
required COPAK to install equipment to remove oil and grease and
that was completed in early October 201.5. Since the installation
of this equipment we had noticed great improvements and felt
like the problem was resolved. In August of 2017 we noticed
large arnounts of oil entering at from COPAK, which had been
sold to a Company named, Star Snag. We notified Star Snax in
August that we were having an, oil and grease problem. The oil
and grease was very intermittent but in September we got a major
slug and we noticed our OD values were rising. -.T.n early
September we lost nitrification. We verified that we were going
to be in noncompliance with our September permit limits and
issued Star Snax a Notice of etiolation: We met with company
administration and they assured ,as they would alter their
cleaning operations to meet compliance. Since our meeting their
discharge has improved and we have slowly seen nitrification
return. Our last values that we have received show our plant
effluent at non -detectable levels for BOD and NH3 as N. We are
now in the process of accessing Star Snax's discharge to see if
any further action is warranted.

If you have any a dons, comrt t , or reed any further
information a may call me at ( - II .
Sincerely,
Michael Fox
NEWWTP ORS

cvwmv
ROY COOPER
walterResowces
CertMed Mail #7015 1520 2 6880 353
January 11, 21
Michael Foy
City of Conover
PO Box 4
Conover, NC 28613-0549
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: er: NOV-2018-LV-0041
Permit No. NCO 24252
Northeast WWTP
Catawba County
Dear Mr. Fox:
A review of the September 2017 Discharge Monitoring Report ( MR) for the subject facility revealed the
violation(s) Indicated low
Limit Exceedancetf l n s
Sample Limit Reported
Location Parameter DateValue Value Type of Violation
1 Effluent BO , 5-Day (20 Deg. Q 9/30/2017 8 10.33 Monthly Average Exceeded
Concentration 310
1 Effluent BOD, 5-Day (20 Deg. Q- 9/ /2017 12 1145 weekly Average Exceeded
Concentration ( 031
1 Effluent Nitrogen, erg, Ammonia Total (as 9/3 /2 17 2 4.13 Monthly Average Exceeded
Concentration 1+
A Notice e of Violation/Intent to issue Civil Penalty is tieing issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW permit. Pursuant to G.S. 143-215 A, a civil penalty of
not more than twenty-five thousand dollars ( 25,0 0.CC) may be assessed against any person who violates or
falls to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215A
State o North Carolina IEnvironmental Quality I dater Resources
610 Fast Center Avenue, Suite 301, Mooresville, NC 2 115
704-663-1699

HER #
MON
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc WQS Mooresville Regional Office - Enforcement it
NPDES Compliance/Enfbrcemant Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resourm
610 East Center ,kvenue, Suite 301, Mooresville, NC 28115
704-663-1699

DIVISION OF WATER, RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Conover
Facilio,- Name: Northeast WWTP
Permit Number- NCO024252
County: Catawba
Case Number: LV-2018-0026
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from t e violation;
I I vvp.A�,,04- ',-� "�'- -'�'
2) The duration and gravity of the violation;
A
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;

) The cost to the State of the enforcement procedures.
m
Date W. "ore,- Basinger,,Regional Supervisor
Water Quality Regional Operations ect► n
Mooresville Regional Office
Division of rater Resources, i CDEQ