NC0025542_Enforcement_20140616

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Sen CITY OF HICKORY
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SEe HICKORY NC 28603
or F
airy ATTN: MR MICK BERRY, CITY MGR.
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NCDENR
WATER QUALITY REGIONAL m
OPERATION!.-;SECTION
610 E. CENTER AVE. SUITE 301
nnnr`.RFCVII I c NC )R1 i 5
i
'n
"III'IIIIIIIII'I'IIIIII'IIIIII'J'I'IIIIhIIIIII?illilll'IIIII�II

North Carolina Department of En
John E. Skvaria, III
Pat McCrory Secretary
Governor
0t-X11S-*-4
'--
CER"FIFIED MAIL 7010 0290 0000 4565 2261
. RETURN RF,,CEjPTRE UEST'D
NMr, Mick W. Berry, City Manager
('itv- of Hickory
P.O. Box 398
Hickory, North Carolina 218603 )
SUBJECri- Notice of Violation and Assessment of Civil
Penalty for Violations of N.C, General Statute
143-215 .1 (a)(6) and NPPE S Permit No. NCO025 542
Catawba WWTI'
Cata,wba County
Case No. LV-2014-0089
Dear Mr. Berry:
Yll'is letter trunsinits a Notice of Violation and assessment of civil penalty in the MOUnt of
tent costs) against the City of Hickory.
$774,22 ($625-00 civil penalty 4- $1,49.22 enforce,n
This assessment is based upon the Following facts: A review has been conducted of the self-
nionitoring data reported for December 2013. This review, has shown the subjeert'21cility to be in
violation of the discharge limitations found in.NTPf)ES Permit No. NC0025541 The vie lationsare
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
terars, conditions, or requirements of NPDES Permit No, NCO025542 anNo
d rth Carolina General
Statut , c (G.S,) 143-215A(a)(6) in the manner and extent shown In Attachment A, A, civil penalty ma'be assessed in accordance with the maxinturns established, by G.S. 143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of laNv, 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 Resources, I, Michael L. Parker, Regional Supervisor for the Mooresville
civil penaltassessment against the City of Hickory:
Region, hereby make the -following malty
%Pj0(j Dff 6% East 2BI15
ville. NC
ph to erService, I 8776Z3
nei: http:1hY311a1.fK,denr org,,webMq

125.00 For 1 f the one (1) violation of GS. 143-215, 1 (a)(6) and
NPDES Permit No. NC0025542-, by discharging waste into tire
waters of the State in violation of the permitwee kly geometric
mean effluent I irrut for focal coliform.
--j 0101-1---- For ---] — of the One (1) violation of` G,S, 143-215,1(a)(6),and
NPI)ES Permit No, NCO025542, by discharging waste into the
waters of the State in violation of the permit vveekly average
effluent limit for total suspended solids (TSS),
For of the one (1) violation of G.S. 143-215,1(a)(6) and
NPDES 11'erm.it No, NCO025542, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit .tear total, suspended solids (TSS).
TOTAL CIVIL IIENAI,TY
la-U2 Enforcement costs
774,22 TOTAIL AINIOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1, have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-2811 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public heafth. (IT to
private property resulting from the violations-.
(2) 'I"he duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality',
(4) The cost ofrectifying, the damage;
(5) The amount of"honey saved by noncompliance;
(6) Wbether the violations v,,ere Committed willfully or intentionally-,
(7) the prior record of the violator in complying or failing to comply with programs over which
the EnN,,ironmental 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 pa, yment of the penalty:
Payment should be made directly to the order of the Department of Environment and 'N"atural
Resources (do not include waiverfiorni). payment of the penalty, will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention A
Waste,water Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-16 t 7

Im
OR
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
belovv as they may relate to the reasonableness of the arriount 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 staternents contained in the civil penalty assessment docurne'a Because a
remission request forecloses the option of an administrative hearing, such a request must be "
accompanied by as waiver of your right to an administrative hearing and a stipulation that no factual or
,legal issues are in dispute. Please prepare as detailed statement that establishes why you believe the
civil penalty should be renritted, and submit it to the Division of Water Resources at the, address listed
b6ow. In determining whether a remission request will be approved, the following factors shall be
considered:
(1) NNliether one or more of the civil penalty assessment factors in G,S. 143B-292, I (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator proniptly abated continuing environmental damage resulting front
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil perialtics, 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, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Corninittee on Civil Penalty Remissions (C'orrmintee).
Please be advised that the Committee carmot 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 of your request for remission.
In order to request remission, you roust complete and submit the enclosed "Waiver of Right to
an Acirrunistrative Rearing 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
g
"Justi fication for Rerni ss ion Request, Both fomis should be submitted to the h(Alowinaddress:
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 yournust file a
petition for an administrative hearing, You may obtain the, petition fort-ri frorn the Office of
Administrative Hearings. You must file the petition with, the Office of Administrative Hearings
within thirty (330) days of receipt of this notice. A petition is considered filed when it is received In
the Of of Administrative Flearings 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 p.m -
except for official state holidays. The petition may, be filed bytacsin-lile (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 § 15013-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the ftuxed or electronic trwismission, You should contact the
Office of Administrative Hearings with all questions regirding the filing fee and/or the details of the
filing process. The mailing address and telephone and fax numbers f(-,)r the Office of Administrative
Hearings are as f0flows:
Office of Administrative Hearings
67147%,lail Service Center
Raleigh,, INC 27699-6714
Tel- (919) 43 1 -330ftl Fax: [phone]
One (1) copy, of the petition must also be served on DEN R as follows:
Mr, Tracy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleig ,h, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise otie ofthe options above within thirty (30) days of receipt of this notice, as
evidenced by an internal, date,/Untie received starrip (not a postmark), NVill result ire this matte r being
referred to the Attorney General's Office for collection of the penalty through a civil act -ion,
please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment, If vou have my questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone]:
I (Nzhe
ATTACHMENTS
Michaell— Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NC DT-,NR
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/attachments
Central'Files w/attach mtints

ATTACHMENT T A,
CASE NO.1,V-2014-0089
ut ' it Date _Paranicter Reg2Lted_Valuer it Mit
001 Week ending 12/28/'1 T S t i . ing/L 45.0 m/l. (Weekly average)
001 1, 1 [..° 1 T 4. g/L � 0 z �g/L (Mont l ate
`lr t'ity of Hickory did not provide a response to NOV-2014-1.,V-0200but Division ion of
Water Resources staff did review the inforniation provided, on the December 20131 DM .
regarding the above violations. Mitigatiog factors were found that resulted in a reduced
civil penalty.

11
AND Iry A,f'URA1 RESOURCES
ES
COLTNTV. OFCATAWBA
f ,.I'Tf ', MATTER OF _t SSESSMI� 'I' WAIVER, O IGITT"T Al
OF CIVIL PI,,-.`,N,1AI,TY AGAINST ADMrN'1STRikTIVE HEARING AND
CITY OF HICKORY STIPULATION OF FACTS
IriTLE NO, LV-2014-008
Having been assessed civil penalties totaling 77 . f,"or violation(s) as set forth in the
assessment ent docuni nt of the Division of Water Resources dated June 16 20141 the'
undersigned,
deSiTing tea set remission of the civil penahles, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as allegedin the assessment
document„ The undersigned further understands that all evidence presented in support ofXremission of
this civil penalty surest be submitted to the Director for of the Division of Water Resources ithin : 0 days
ofreceipt of the notice of ssr,,ssi-ne t. No new evidence in support of a remission ission request will b
allowed after 30 dams from the, receipt of the notice of'assessment.
['his the day of` 2014
BY
ADDRESS

JUSTIFICATION FOR REM ISS!QL.B�E-1-1-r�,—ST
DWR Case Number: LV-2014-0089
Assessed Party: City of Hickory
County- Catawba
Permit Number: NCO025542
Amount Assessed: $744.22
Please use this form when requesting remission, of this civil penalty. You must also complete the
st c r �Mlsiion lf"aiver tl)_fl ight to tin Administrative ea &kcts
--L --- --an(L h Qn--o
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are, necessary 'for the Director to consider in evaluating your request for
remission. please be aware that a request for remission is limited to consideration of the five faactorrs
listed below as they may relate to the reasonableness of the amount of the civil penalty, assessed.
Requesting remission is not the proper procedure f(,-)r contesting whether the violation(s) occurred or
the accuracy of wiy of the factual statements contained in the civil penalty assessment document.
pursuant to N,C.G,S, § 14113-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies, Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting docutrients, as to 'why the
factor applies (attach additional pages as needed).
(a) one or more, of the civil rya 3w assess taetat factors in N.C.G,S� 14313-282.1(b) were
s,,,T igful )Li:�d to the detriment of thea thioner (the assessmentfavtors are listed
in the civil penalty, assessment document,)-,
(b) lit eviolator rgMpjtN tlt-�Ll��iltiiiiinc,,eil_yircLnmc�nt�ilciiiii,,i gstftLI ng ron he, La a_q qg _rg— J--L—
.violation, (i.e., explain the slops that you took to correct the violation sand jurevent
14ture occurrenee.$)"
(c) the violation was inatdvertent or a result of an, accident (i,e, explain why the violation
was unavoidable or somethingyou could not prevent or preparejbr.),,
(d) the violator had not been asses sedScryvit.Mal ties f ations.-
(eamLent of —he---LdyiLwe—nafty,-g 1l.,prgg t"jRent ft—r t-h- i-eiai_i ial
qcoons (i, e- explain how pqyment ofthe civil pent'illy will prevent you fl om pert6rming
the activities necessary to achieve complianec),
EXPLANATION. (use additionalpages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
Violator: The Gjy of Hickory.
__
Facility: Catawba WW'FP
County. Catawba
Case Number: LV-2014-0089
Permit Number: NCO025542
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;
The discharge of, total suspended solids (TSS) in excess of the permit limits could impact aquatic life
whereas the discharge of fecal coliform in excess of the permit limits could cause human health
concerns downstream of the facility; permit limit exceeded by 1,400%, The receiving stream is Lyle
Creek, a class WS-IV" CA stream, in the Catawba River basin,
2) The duration and gravity, of the violation;
3) The effect on ground or surface water quantity, or quality or on air quality;
Elevated concentrations of suspended solids can increase the water temperature, thus reducing the
amount of oxygen available to the instrearn aquatic life. Solids also reduce the amount of natural
sunlight that can penetrate through the water column, further decreasing oxygen production and
photosynthesis, Finally, high concentrations of solids can kill fish by clogging their gills, lowering their
resistance to disease, and smothering their eggs. The discharge of fecal coliform in excess of the
permit limits could cause human health concerns downstream of the facility.
4) The cost of rectifying the damage; the cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved Eby noncompliance is unknown.
6) Whether the violation was committed willfully, or intentionally;

7 he 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 five prior CPAs for the Catawba WWTP with one CPA issued in the past 12 months.
Case lumber Description
o $649,22 for limit violations of TSB; enalt @s aid in full
The cost to the State of the enforcement procedures.
The coat to the Division of "rater Resources is $149.22,
Michael L. Parker, Regional Supervisor
1ll*{l'ater Quality Regional Operations Section
Division of Water Resources, NCDENR

PERMIT, NCO025542
FACILITY, City of Hickory - Catawba WWTP
COUNTY: Catawba
E I N: Mooresville
Limit ` Itllatlnrl
x
, 1-1
V
MONITORING OUTFALL f
VIOLATION
UMT OF
CALCULATED
Al ,
REPORT PPI
LOCATION PA AMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMFr
VIOLATION TYPE
VIOLATION ACTION
L `" %k
'
�-t)13 title
Coll arm, Fecal MF, -FC
Etiivaet 1P2811;� Weekly
1
t"13OtrIl
t�11 `
��
S�ULiLI k,
1',4tYCl
~A
meekly t�eGartleCrlc halm
None
Broth,44,5C
Exceeded
4
!W_11,12 _2013 001
Effluent Solids, Total Suspended,; 1212 /13 Weekly
mg/l
45�'
100 Fes`
124
Weekly Average Exceeded
None A, L �` _ ..
Concentration
12 -2013 09
Effluent Solids, Total Suspended - 12131/13 Weekly
mgh
30
43 7 V
5.92
Monthly Average Exceeded
None 5
Concentration
X ...
PERMIT: NCO051918
FACILITY:,' Cleveland County Water Cleveland ountyr.. T ,COUNTY:
Cl+ veland�
REGION: Moorevi � *.
Limit 4 lrslab n
v u
1., .1 L..o yt ,. � _
t
MONITORING OUTFALL!'
VIOLATION
UNLIT OF
CALCULATE
It
REPORT PPI
LOCATION PARAMETER, DATE FREQUENCY
MEASURE
LIMIT
VALUE ,°
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
11 12 _2t113 002
EffluentSolids, Total Suspended - 12104/13 2 it month
pll'
451m'
66
46,67
Daily lJiaximurn Exceeded
Norte
Concentration
12 _ 013 002
Effluent Sofids, Total Suspended - 12/31113 21 rnonth
mp16
36V
505
611.33
Monthly Aut e xdl tided
None
Concentration ..,.
w
PERMITNCO00 12
FACILITY: Pharr Yams Inc; -Pharr Yarns Industrial WWTP'
COUNTY:
Gaston
REGION: aar
L rml Violation
y �
MONITORING OIITFALL I
VIOLATION
UNIT OF
Ctk4.i.:ULATED
REPORT PPI
LOCATION PARR AEBER DATE' FREQUENCY
MEASURE
LIMIT ,.
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION A TION
12 _201 3 001
Effluent ColifUrm, Fecal MF, M-FC 12/oall3 Weekly
#/105rnf
yt1LtV'
2,420
505
Daily Maximum Exareede i
None
Brnlh,44.5C

Violation Penalty Worksheet
mmIit HickoryCatawba " Ctr r lTo_�077T
_.
Previous s: 1 ed Penalties:None
'Proposed
Yes Z No El
Multiplier: t ®onse Yes Comments:
Response The perrnittee did not provide a response to the NOV-NI ;F letter.
Information:
There was one weekly average (100.8 mg/L exceeded limit of 45 mg/L by
124% and one monthly average (43.8 mg/L exceeded limit of 30 mg/L by
4 ,9%) TSS violation as well as a weekly geometric mean t S,000 FU/100
mL exceeded limit of 400 CFU/100 mL by 1, ti0% fecal coliform violation,
DMR DMR acknowledges violations and notes the "WWTP experienced heavy rain
Information: during the time leading up to the sampling of the effluent. Construction of the
TP is underway and there was a breach in the control measures causing
rain water and mud to flow directly into the chlorine contact chamber. We feel
this is the cause of the above listed violations, This issue has been rectified
and the contractor has taken steps to insure (sic) that stormwater runoff is
__ .. roperly diverted
There were weekly average (41.82 mg/L exceeded limit of 30 mg/L by
Nov-13 394%) and monthly average 1 g mg/L exceeded the limit of 45 mg/L by
133,3) T S violations in November 2+ 13 CPA was issued for $649.22,
Previous The Catawba WWTP experienced one other instance of non-compliance
Violation during the past 12 months resulting in the issuance of an NOV- There was
Information: a T S violation in January 20,13.
The permittee as noted above has attributed the T S violations to a rain
event. However, the flow reported for the week prior to the sampling event
on December 23, 2013, ranged from 0.038 to 0. 101 MGD. However, the
Other Relevant plant has a permit limit of 0.225 MGD so the maximum flow was only 4 %
Information: of the rated flow. A March 2012 CEI noted that one of the two clarifiers at
the plant was non -operational and would not be repaired due 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 1, A0 PenaltyIncrease � Decreasee
Penalty l Outcome �
Final Penalty $,..
Notes:
n
Page 1 of 1
Rev, 0, 1 u10/14