NC0025542_Enforcement_20170614

ROY COOPER
MICHAEL S. RT,CAN
S.JAY ZIMMERMAN
WaterResources iwrvaoi
04VIRORkENTAL 00AUTY
July 07, 2017
Mr. Kevin B Greer, Director Interim Public Works
City of Hickory
PO Box 398
Hickory, NC 28603
Subject: Payment Acknowledgement
Catawba WW`rP
Permit NCO025542
Case No. LV-2017-0166
County Catawba
Dear Mr. Green
This letter is to acknowledge receipt of payment in the amount of $601.00 received from you on
07/06/2017, This payment satisfies in full the above civil assessment (s) levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
If you have any questions, please contact Wren Thedford at 919-807-6397.
Sincerely,
yout 0�
Wren The for
cc: Central Files
NPDES
Mooresville Regional Office
State off Camitna I Ewmirtnental Qwhty I at Resouroes
610 Fast Center Avenue, Suite 301, Mooresville, NC 28115
704-W-1699

Kevin B.Career, P
City of Hickory
O Box 398
Hickory, NC 28603
SUBJECT: __ Notice of Violation and Assessment of Civil Penalty
for Violations ofNorth Carolina General Statute (G,S.) 143- 1 ,l(a )
and NPDE, S WW Permit No. NCO025542
City of Hickory
Catawba WWTP
Case No. - C117- 16
Catawba County
Dear Mr, Career:
is letter transmits a Notice of iolation and assessment of civil penalty in the arnc�unt of i�i.1}1} t .dtl civil 1 a-
$101. 0 enforcement costs) against City of Hickory.
This assessment is based upon the following facts- a review his been conducted of the Discharge Monitoring Report
ll submitted by City of hickory for the month of January
01 This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW PermitNo. NCO025542. The
violations, which occurred in January uary t 1 , are summarized in Attachment A to this letter.
Based upon the above facts, t conclude as a matter of law that City of Hickory violated the terms, conditions or
requitement ofl iRl S Perm it o. C O02 4 iand G.S. 14 - 1 .1(a) ) in the manner d extent shownin
Attachment . to accordance with the maxim s established y Ca,S. 14 1 a,a) a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a pernrit required by G.S.LL 1 - .1 .1(a).
Based upon the above findings of fact and conclusions of lave, and in accordance with authority provided by the Secret
ary
of the Department of Environmental Quality and the Director of the Division of WaterlResources, l W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil malty assessment against City of
Hickory:
state of North Carolina I Environmental QualitY I water 80urces
610 Fest Center :venue, Suite 301, M0,0resv llle, Pity 29115
704-663-1699

S59-OA-0 1 of the I violations of 143-215. 1 (a)(6) and Permit No.NCO025542, by discharging waste water into4
the waters of the State in violation of the Permit Monthly Average for � �3-N ® �Conc.
$-U-0.00 TOTAL CIVIL PENALTY
1 01 - 00 Enforcement Costs
11ati1-00 TOTAL AMOUNT DUE
Pursuant to G& 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-281 I (b), which are:
(1) The degree and extent of hann to the natural, resources of the State, to the public health, or to private property
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 hearing
Option I- Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
forin), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation,(s).
Please submit payment to the attention of,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

F--
Option 2: Submit a written request for remission or mitigation 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 civil penalty assessed, Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of he 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 and
agreement 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 Resources at the address listed below.
In determining whether a remission, request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NC GS 143B-282.1(b) was 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 evidence presented in, support, of your request for remission must be submitted m writing. The
Director of the Division of Water Resources wilt review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be 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 of your request for remission.
Remission st." -Kgqq!L�
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Oplion 3:--,,, File a jjgfijjqftfk an administrative hearing with the Offict of Administrative Hai
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 ofAdministrativebearings 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 nornial office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.nr., except for official state
holidays. The petition may be filed by facsimile (,fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy arid a filing fee (if a filing fee is required by NCGS § 1 50B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
-should contact the Office of Ado-ninistrativp Hearing-, with all -questigns,Mg
111mg-Proes .5.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
67'14 Mail Service. Center
Raleigh, NC 27699-6714
Tel- [phone]
Fax: [phone]
One (1) copy of the petition must also be served on T. 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 Office for
collection of the penalty through a civil action. Please be advised that additional penalties maybe 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) 23 5-2192 or via email at wes.beJl@ncdenr,gov.
Sincerely,
W. Corey Basinger. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
CcWQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION ff QUEST
Case Number: LV-2017-0166
Assessed Party: City of Hickory
Permit No.: NCO025542
County Catawba
Amount Assessed: JkOLOO
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administraat ve Heaaring, and Stipulation of Facts' form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessaryr"for the Director to consider in
evaluating your request for reanis ion. Please be aware that a request for remission is limited to consideration of the rive
factors listed below as they may relate to the reasonableness of the amount ofthe 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 1'-C-G,S, § 143B-282, l(c), remission of 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 the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G. S : l it l - 2, I (b) were wrongfully applied to the
y detriment of the petitioner (the assessment,factors are listed its the civil en al4, assessment docun ent)
(b) the violator promptly abated continuing environmental damage resulting fro the violation (i.e., explain the
,steps that you took to correct the, violation andpreventfioure. occurrences),`
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unmoidable or
something you could not prevent or rep are, or),'
(d) the violator had not been assessed civil penalties for any previous violations
(epayment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil aenaa/4, will grew=eat youfrom performing the activities necessary to achieve
complicanc i� ).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CATAW A
IN THE MATTER OF ASSESSMENT A R OF RIGHT TOAN
F CIVIL PFNALTIES AGAINST }ADMESISTRATIVE HEARING AND
STIPULAnON OF FACTS
City Hickory
Catawba WT
PER rr NO, NCO025542 CASE NO. Lip-201 -0166
Having been assessed civil penalties totaling itll,OQ for violation(s) as set forth in the assessment document of tile Division
of Water Resources dated Dine 20171 , the undersigned, desiring to seek remission of the civil penalty, 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 further understands that all evidence presented in support of remission of this cavil
penalty] must be submitted to the Director of the Division of Water Resources within thirty (3 ) 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 days of tl

ATTACHMENT A
City of Hickory
CASE NUMBER: LV-2017-0166
PERMIT: NCO02654
REGION:
Mooresville
FACILITY: Catawba WWTPCOUNTY:
Catawba
LIMIT VIi LATION(
SAMPLE LOCATION: O tfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over
Violation penalty_
Date Month/Yr Parameter
Frequency Measure Value "value Limit
Type Amount ,
1 / 1 /201 1-2017 Nitrogen, Ammonia
3 X weekA 2 3.30 67.OMonthly
$500.00
Total (a l) -
Average
Concentration
Exceeded

COOPERROY
,
or
MICHAEL S. REGAN
WaterResources S. JAB' ZIMMERMAN
AL QUALM DNWW
Certified Mail #70151520 0002 6984 9249
Retum Receiot
May 25, 2017
Kevin Greer, P.E.
City of Hickory
PO Box 398
Hickory, NC 28603
SUBJECT: NOTICE F VIOLATION & INTENT TO ASSESS CIVIL PENALTY
`racking umber: NOV-2017-LV-0390
Permit No.
Catawba P
Catawba County
Dear Mr. Greer:'
A, review of the January 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below;
U—niftEx
sygAA=_V_t9Iat
Sample , [. mIt Reported
Location Parameter Date Valuer Value Type of Violation
1 Effluent Nitrogen, Ammonia Total 1/31/2017 2 334 MonthlyAverage Exceeded
- Concentration o)
Notice of Violation/Intent to issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute . .) 14 - 1 .1 and the facility's NPDES Permit. Pursuant to G.S. 1 0 1 . A a civil .penalty of not
more than twenty-five thousand dollars , .00) may be assessed against any person who violates or fails
to act in accordance with e terms, conditions, or requirements of any permit issued pursuant to G.S.
1 -21 .1
1f you swish to provide additional information regarding the noted violation, request technical assistance, o
discuss overall compliance please respond in writing within ten 0business days after receipt of this Notice.
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Deports). You will therebe notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10—day period, a civil penalty
assessment may be prepared.
State. of North Camlina; ( Environmental QualftY I Water Resources
610Gast CenterAvenuc, Suite301, Mooresville,7 C 29115
704-663-1699

#
RUM
A
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
4- W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State, of North Carolina 1 Environmental Quality; Water Resourcei
610 Fast Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

City of Hickory
PO Box 398
Hickory, NC 28603
Phone: [phone]
Email: krhyijglikrarn&_,qov
Public Utilities
EMZME�
W. Corey Basinger
Water Quality Regional Operations Supervisor
Mooresville Regional Office
610 East Center Ave,, Suite 301
Mooresville, NC 28115
RE: Notice of Violation & Intent to Assess Civil Penalty
Tracking Number: NOV-2017-LV-0390
Catawba WWTP (NPDES Permit No, NCO025542)
Catawba County
Dear Mr. Basinger,
pc: Kevin B. Greer, PE/Public Services Director
pc: Shawn Pennell, Environmental Manager

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DIVISION OF WA
Violator: QbLRLfljEhM
Facility Name: WWTP
Permit Number: NCO025542
County: Catawba
Case, Number: LV-2017-0166
ASSESSMENT ENT 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 the violation)
2) The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality,
41) The cost of rectifying the damage;
) The amount of money saved by noncompliance
6) Whether the violation was committed willfully or intentionally;
taw i
) The prim record of the violator in complying or failing, to comply with programs over which the
Environmental Management ent Commission has regulatory authority; and
N V-201 -T -0009 - Chronic Tox Violation - November 2012;
Case : CV-2014-0040 - TSS G AV & VIA -- November 2013
Case : 1 V-2014- i1 q - TSS & Fecal Coli orm WA V &FSS MAV - December 2 12
NOV-2 1 -LV-1 144 - Fecal Colifo AV -,lane 2014-,
NOV-201 -MV- l2n - p (4), Fecal Coliform (4)Dissolved Oxygen (4)„ Zinc, Total Nitrogen Monitoring Violations --
September 201

8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time,—... ...... 3144
1 hour supervisor time- ........ — ....... 52.56
Administrative staff cost..,... _LL5 200
Total Enforcement Cost $ 101.0ii
inger, Regignal Supervisor
Date W. Corey Bas
Water Quality Regional Operations Section
Mooresville Regional Of
Division of Water Resources, NCDEQ