NC0025542_Enforcement_20140425

e; AWA
CEHR
North Carolina Department of Environment and Natural Re.sc
Pat mcCrory
Governor
April 25, 2014
CEIRTIFU Q NIAIII, 7010 0290 0000 456 2155
RETURN CEIPTIT E U� I ESTLD
urces
John E, Skvarla, III
Secretary
Mr, Mick W, Berr-Iv, City Manager
City of Hickory
P.O. Box 398
Hickory, North Carolina 28603
SUBJECT. Notice cal` Violation and Assessment of Civil
Perialty f Statute
t
or Violations of N.C. General St, I e
143-215. 1 (a)(6) and NPDES Perrint No, NCO025 542
Catawba ww,rp
Catawba County
Case No, LV-2014-0040
Dear Mr. Berry
'This letter transtilitS a, Notice of Viol,ti0D and assessment of civil penalty in the artiount of
$649,22 ($500,00 civil penalty 4- S 149.22 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 November 20134"his review has shown the subject facility to be in
violation of the discharge Innitations found in PDES Permit No, NCO025542. The violations are
summarized in Attachrrient A to this letter.
Based upon the aboNe facts, I conclude as a matter of law that the Citty of Hickory violated the
terms, conditions, or requirements of NPDES Permit No. NC00245542 and North Carolina General
Statute (G,S,) 143-215.1(a)(6) in the manner and extent shown in Attachment A- A civil penalty may
be assessed in accordance with the rnaximurns established by G.S. 143-215.6A(a)(2)
Based upon the above findings of fact and conclusions of law, -mid in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
civil penalty assessment against the City of Hickory:
Region, hereby make the hollowing
moorewile FN,`,onal Office,
Locat,cn: 610 East center Ave,, SUAF 301 M00 m�ydieN(28115
Plhone� 663 1699', Fax: [phone] � ' c stoner Service'1 -877-623,5748
IfItemet: ht,'Ipertai,nc,,,Jenrorq�'Webi�kq
V
ATI �fVllv RM Pa

S______3500 For I of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO025542, by discharging waste into the
waters of" the State in violation of the permit weekly average
effluent ],unit for total suspended solids (TSS),
150.00 For__ ],—..--of the one (1) violation of G.S. 143-215.1(a)(6) and
NKPDES Permit No, NCO025542, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids (TSS).
$---500,00 —
649,21__
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in deter nining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of l,aw and the factors set forth at G.S. 14313-282. 1 (b)7 �vfiich are:
(1) The degree and extent of harni to the natural reSOUrces of the State, to the public health, or to
private property resulting from the violations-,
(2) `he duration and gravity of the violations;
(3 ) The effect on ground or surface water quantity or quality 0, r on air quality-,
(4) The cost of rectifying the darnage;
(5) The amount of money saved by noncorn
I PHance
(6) Whether the violations -vvere committed willfully or intentionally.
(7) The prior record of the violator in complying or failing to comply with pro rani over which
the Environmental Management Commission has regulatory authority, and
(8) The cost to the State (if 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 oft e Department of Environment and Natural
Resources (do riot include waiver_fi orm). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit pa-Iyrrient to the attention Of.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:

FF Please be aware that a request for remission is limited to consideration of the five factor: listed
beto-vv as they may relate to the reasonableness of the amount of the penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
nest forecloses the option of an administrative hearing, such a request must be
remission request '
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 beremitted, and submit it to the Division of Water Resources at the address listed
below, In determining,whether a remission request will be approved, the hAlowing factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment 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 Resources 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, direCtiOuS, for payment, and provision for further appeal of the penL try to the
Environmental ',,�&Ljjiagernent Cornmissionis Corranittee on Civil Penalty Remissions (Committee),
Please be advised that the Cormnittee cannot consider information that was not partof the oniginal
remission request considered by the Director. Therefore, it is very important that you prepare a
cornplete and thorough statement in support of your request for remission,
In order to request remission, you must complete and subtrut the enclosed "Waiver of Right to
an Administrative I learing and Stipulation, of Facts" form, within thirty (30) days of receipt of this
notice, The Division of Water Resources also requests that you complete and submit the enclosed
,,Justification for Remission Request." 'Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1,617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any staternent in the attached assessment document you must file a
petition for wiadrainistrative 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 normal officeliours. The Office of Administrative
Hearings accepts filings Monday through Friday bet-�veen the hours oi 8:00 a.m. and 5.00 p.nl,,
except fear official state holidays, The petition may be filed by facsimile (fax) or electronic it 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 §150B-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 Hearings with all questions regarding the filing fee and/or the details of the
filing process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative 1- learings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (1919) 431-3000
Fax: [phone]
One (1) copy of the Petition must also be served on DENas follows:
Mr. Lacy Presnell, General COLHISCI
DENTR
160 1, 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 ofthe penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that, occur after the
review period of this assessment. If you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone]
hyf
ATTACIIMENTS
Michael L. Parker, Regional Supervisor.
Water Quality Regional Operations Section
Division of Water Resources, NCIDENR
cc: Mooresville Regional Office Compliance File A,,,/ attachments
Raleig ,h Compliance/Enforcernent File w/attach ments
Central Files vv/ attachments

ATTACHMENT
CASE NOAN-2014-0040
Outfall Date Parameter ReportedValue Permit Li
mit
001 Week ending11,`30/13 JIS 105.0 mg/L 45.0 to g/L (Weekly average)
001 1 1/3)0'1 "I'SS 1.8 rrr rl 0,0 xr g/1-, (Monthly average)
The City of Hickory response to NOV-2014-LV-0079 received rr March 1 . 2014, was
reviewed by Division of eater es,o ; s staff. Mitigating factors were 1'ound that
resulted in a reduced civil penalty.

STATE OF NORf-Ft CAROLINA
COUN-1 Y. OF CA I AWBA
IN THE MATTER OF ASSFSSMFNT
OF CIVIL PENALTY AGAI'NST
CITY OF HICKORY
PERMITNO. NC0025542
DEPARTMENTOF ENVIRONNIENT
AND NATURAL, R-ESOUIRCES
WAIVER OF RIGUITTO AN
ADMINISTRATIVE F[EARING ANND
STIPULATION OF FACTS
FILE NO. LV-2014-0040
Having been assessed civil penalties totaling $649.22 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated .April 252014, the and ersiggried,
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 undersianed further understands that all evidence presented in support of remission of
this civil, penalty must be submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after-'30 days from the receipt of the notice of assessment.
This, the day of 2014
M
ADDRESS,
TELEPHONE

JUSTIFICATION FOR RE, MISS!QNAEQII��j
DWR Case Number: LV-2014-0040
Assessed Party,: City of Hickory
County: Catawba
Permit Number: NCO025542
Amount Assessed: $649.22
Please use this form when requesting rernission of this civil penalty. You must also complete the
, arc, �, -!, L) n, t � -1
_�t For Rentiss' Waive a an Administrative I -let and -Sti WaCion o �Liqt, p --_f-r �
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 remission is limited to consideration of the five factors
listed below as they, may relate to the reasonableness of the aniount of the civil penalty assessed,
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document,
Pursuant to N.C.G.S. § 143B-282,1(c), remission of a civil penalty may be granted only when one or
more, of the following live factors applies. Please check each factor that you believe ap, plies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
one or more, of the 6yiLngnalty assessment factors in N.C(j'.S. 14313-2811(b)-Nete-
iLytottgfully j4 plied the detriment of the etLtiol r (the as',sessnientjnctor,',� are listed
�p ,ji--tQ p _jg_
in the civil penalty, assessment document);
(b) the viol environmental q rgsLijrhi -, frp th
ator.pEqj)qpjl d.�orLtinj� rig.
y_qhqt�g_ _ _ n_ __ I _
violation (ie,, exp, lain the steps that you took to correct the violation andprevent
fiiture occurrences),"
(c) the violation was inadvertent or a result of an -accident (i.e_ c�)cplain wkv the violt-ition
was unavoidable (. r something you could not prevent orprepareMaria'
(d) the violator had not been assessed civil j2etj4jjties aoanreyLioqs )ja c us
(e) Yrill Epp ��,!�nmtmlnenr for the rcijjqj ssary rernedial
nung necessary
actions (i-e,, explain howpqyment of the civil perzaltj,, willprevent youftom per forming
the activities necessary to achieve compliance),
EXPLANATION: (use additional pages as necessa7j,

Violator:
The Citv of is car
Facility:
Catawba WWTP
County:
Catawba
Case Number:
LV-2 14-0040
Permit Number:
NCO025542---
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;
I'MA EMILMHONAM-211 WE M-31""Mid
2) The duration and gravity of the violation;
1) The effect on ground or surface water quantity or quality or on air quality;
s as
The cost of rectifying the dimagew the cost is unkhoWn.
i
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were committed willfully or
intentionally,

The prior record of the violator in complying or failing to comply with programs over which the
environmental.Management Commission has regulatory authority°, and
There have been four prior CPAs for the Catawba WWTP with no CPAs issued in the past 12
menthe.
8 The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources i 1..
414
w.
to Michael el . Parker, Rei l Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NR

Repad Datw 02114i14 Page: 2 of 6
PERMIT: NCO025542
FACILITY, City of Hickory - Catawba WWTP
COUNTY:
Catawba
REGIOW h
Limit Vioiation
MONITORING OUTFALLA
VIOLATION
UNfT OF
UALCULATED
REPORT PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
11-2013 001
Effluent Solids, Total Suspended -
11130/ f 3
Weekly
mg/l
30
41.82
3942
Monthly Average Exceede
Concentration
11-2013 001
Effluent Solids, Total Suspended -
11130/13
Weekly
rrylll
45`'
105
133.33
Weekly Average Exceede
Concentration
71 fj 7,
4,
PERMIT: NCO020052
FACILITY: Town of McAdenville - McAdenville
WWTP
COUNTY:
Gaston
RE,GfGN: h
fi
Linuft VioUrtion
%
-4-
MON11,C)RING OUT�ALLI
VIOLATION
UNIT OF
��CALCULATED
RE PORT PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
It, VALUE
% OVER LIMIT
VIOLATION TYPE
1 -2013 0 0 f",
Effluent Coliform, Fecal MF, M-FC
11116113
Weekly
#1100mi
400
�3,534.06
783,51
.Weeley Geometric Mean
BridITA4,5C
Exceeded
fie
_4
��ERMIT. NCO060755 FACILfTYCarolina Water Service Inc of North Carolina - COUNTY- Gaston REGION :�
Sa ewood Tw.
Limit Violation
MONITORING
OUTFALL/
VIOLATION 4
UNIT OF
CALCULATED
REPORT''
PEI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE
% OVER LIMIT" VIOLATION TYPE
11-201 , "3
001
Effluent'
DO, Oxygen, Dissolved
11!,07/13
Weekly
6 57
Daily Minimum Not Reach
teach
11 -2f 13
001
Effluent
DO, Oxygen, Dissolved
,11121113
Weekly
mq
6,/ 5
6 1.67 Daily Minimum Not
Ville
VIOLATION ACTION
None
e,efq�
�N ACTiON

NPDES DMR Viollation Penalty Worksheet
Facility: . Hickory Catawba WVVTP DMR. ..... November 2013 � Fla 397 MGD
I Previous Violations: g ; Reduced Penalties: I NA
ProposedNov-
Multiplier:'1 once Yes ent"
_j
received by DWR on March 13, 2014. The response notes the WVVTP was
non -compliant with the weekly and monthly average in November 2013. `The
general service area of the WVVTP experienced a rain event of 3.5 inches on
111 3113, which was the contributor of these higher numbers. The City is
Kesponse
Information: active in their efforts to reduce and eliminate I/I in the collection systems and
are expanding the WVVTP to help control these issues in the future,
E x Construction of the WWP is approximately % at this time and it is expected
that the first train of the new facility will start mid to late summer of 2014. The
4 new facility will have adequate capacity, grit removal equipment, along with
sand filters to help prevent these such violations."
There was one TSS sample taken during the week ending November 30,
2013. The TSS concentration of 105 mg/L resulted in a weekly average TSS
DMR violation, which exceeded the permit limit of 45.0 mg/L by 133.3%, This value
Information: contributed to a monthly average TSS concentration of 41.3 mg/L, which
exceeded the permit limit of 30. mg/L by 39.4% The same information noted
e in the NOV-NRE response was noted as an addendum to the DR.
FPr'eviousThe Catawba WWTP experiencedtwo other instances of non-compliance
Violation during the past 12 months resulting in the issuance of two Vse The first
Information I was for a toxicity testing failure in November 2012 andthe second was for
I a TSS violation in January 2013...
the perrnittee as noted above has attributed the TSS violations to a rain
event. However, the flow reported for the week ending November30,
2013, ranged from 0,092toO,150 MGD, However, the plant has a permit
Other Relevant limit of g. so the Ma kmum flow was onlyn 7% of the rated ilow'..
Information: March 01 EI noted that one of ifhe wwo c6 rifi � atjth p� pit wwas non-
operational and would not be reapired dine to the impending upgrades to
the plant; operating only half of the treatment plant could affect the
! permittee`s ability to treat wastewater during storm events.
�.� _
Proposed en 1 Increase Same Penalty Decrease� utco e:
Final Penalty I $
Notes:
i
Page 1 of 1 Rev. 0, 1-10d1

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