NC0025542_Regional Office Historical File Pre 2018

ROY COOPER
Corn
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2328 4228
Return Receipt Requested
Shawn Pennell
Assistant Director Public Services/Public Utilities
City' of Hickory
PO Box 398
Hickory, NC 28603-0398
SUBJECT:
NORTH CAROLINA
Environmental Quality
September 10, 2020
Notice of Violation and Assessment of Civil Penalty.
for Violations of North Carolina General Statute (G.S.) 143-215,1(a
and NPDES WW Permit No. NC0025542
City of Hickory
Catawba 'WWIP
Case No. EV-2020-0243
Catawba County
Dear Mr, Pennell:
This letter transmits a Notice of 'Violation and assessment of civil penaltyin the amount of $1,360.28 (SI „250,00
civi
penalty + $110.28 enforcement costs) against City of Hickory,
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by City of Hickory for the month of February 2020. This review has shown the subject facility to be in
violation of the discharge limitations andlor monitoring requirements found in NPDES WW Permit No, NC0025542. The
violations, which occurred in February 2020, are summarized in Attachment A to this letter..
Based upon the above facts, I conclude as a matter of law that City,' of Hickory violated the terms, conditions or
requirements of NPDES WW Permit No. NC0025542 and G.S. 143-215,I(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 pemlit required by G.S. 143-215.1(a),
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Hickory:
$750.00 1 of 1 violations of G.S, 143-215,10)(6) and Permit No. NC0025542, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$500,00 2 of 2 violations of (IS. 143-215.1(a)(6) and Permit No. NC0025542, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia
Total (as N) - Concentration
$1„250.00
$11.0.28
$1,360.28
TOTAL CIVIL PENALTY
1nforcement 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 „1....,aw 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 thc 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 (3,0) 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 he:
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
_rm.). 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

Option 2: Suhtnit 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 tbe factual statements contained in
the civil :penalty' assessment document, Because a remission request forecloses the, option of an administrative h.earing,
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.
10 deterrnining whether a remission request will be .approved, the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 1:4313-282, (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator 'promptlyabated continuing environmental damage resulting from the voIation:
(3) whether the violation was :inadvertentor a result of an ac,cident;
(4) whether the violatorhad 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, 'f he
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 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 (('ommittee). Please be advised that the Committee 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,
In order to request remission. you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Elearing„and Stipulation ot Facts" form within thirty (30 da 's of :receipt of this
notice. The Division of Water Resources also e- nests that v' complete and submit the enclosed -Justification for
Remission Request,:
Both forms should be submitted to the foil —ing address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an admnistrative earing wtb the Office f Administrative Hearings:
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 Bearings. 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 office hours, 'flit Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.. and 5:00 p flL, except for official state
holidays. The petition may be tiled by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (I) copy and 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 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
'Tel: [phone]
Fax: [phone]
One copy of the petition must also he served on DEQ as follows:
Nir. William E. lane. General Counsel
Department of Environmentr
1601 'Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case nut ,.er (as found on page one of 0us 'etter) 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
collectionof 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 youhave any questions, please contact Wes Bell with the Division of Water Resources staff of the ''.1e Regional
Office at (704) '235-2192 or via email at
Sincerely,
DoctiS4m!dbr.
Eq4a414i, H PLI•a4
PIO F1169A2084A3
for
W. Corey Basinger, Regional Supervisor
W a ter Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
A'ITA 711MEN'FS
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPI)ES CompliancelEnforcement 1nit - Enforcement File (Lasertiche)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0243
Assessed Party: City of Hickory
.Permit No.: NC0025542
County: Catawba
Amount Assessed: $1,360 28
Please use this form when requesting remission of this civil penalty„ You must also complete the "Request .For Remission,
Waiver ofRight to an Administrative Hearing, 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 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 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 document. Pursuant to NI,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 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. '143B-282,1(b) were wrongfully applied to the
detriment of the petitioner (the assessment actors are listed in the civil penalty assessment document);
(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 future occurrences);
(c) the violation was inadvertent or a result of an accident Ci.e, explain why the violation was unavoidable or
something you could not prevent or prepare „tar),'
(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 explain
how ,payment of the civil penalty will prevent you from peforming the activities necessary to achieve
compliance),
EXPLANATION:

STATE GP NORTH CAROLINA
COUNTY OF CATA A
PT THE mArtER OF ASSESSADINT
OF CIVIL PENALTIES AGAINST'
City of Hickory
Catawba VEWTP
PER)]s)trT)N-a::NCQ025542.
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAINER OF GMT TO AN
ADMINIST TINE HEARING AND
STIPULATION OF FACTS
CASE NO. IN-2020-0243
Having been assessed civil penalties totaling $1,360.28 for vioMtionts) as set forth in the assessment document of the
Division of Water Resources dated Re_pfigmber 10, 2020, the undersigned, desiring te 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 undersigmed 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 ofthe notice of assessment. No new es dence in support of a remission request will be allowed after 1'30) days
from the receipt of the nonce of assessment.
This the day of , 20
ADDRESS
SIGNATURE
TELEPHONE

PER IT: NC0025
FACILITY: Catawba
Li IT VICLATION(S)
2
SAMPLE LOCATION: Ou It 001 Effluent
Violate:Pi Report
Date onthNr Parameter
ATTACH ENT A
City of Hickory
CASE NU BEN: LV-2020-0243
REGION: ooreaville
COUNTY: Catawba
Urat of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
2/8/2020 2-.2020 Nitrogen, Ammonia 3 X week marl 6 672 12.0 Weekly $250.00
Total as N)
Concentration
Average
Exceeded
211512020 2-2020 Nitrogen, Ammonia 3 X week g 6 8.94 48.9 Weekly $250,00
Totai (as \J) - Average
Concentration Exceeded
2129/2020 2-2020 Nitrogen, Ammonia 3 X week
Total (as N) -
Concentration
mg11 2 5.22
161,2
Monthly
Average
Exceeded
$750 00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Hickory
Facility Name: Catawba WWTP
Permit Number: NC0025542
County: Catawba
Case Number: LV-2020-0243
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 the violation;
None documented, However, the discharge of treated vyastewater in excess 1Po-inll limitations has the potential to
adversely impact natural resources.
2) The duration and gravity of the violation;
As .documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented. However, the discharge o treated wastewater in excess olPermit limitations has the potential to
adversely impact surface waters.
4) The cost of rectifying the damage;
Unimowm
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
Not suspected to be willful or intentional,
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
NOV-2015-MV-01 36 — Failure to monitor Fecal ColifOrm, pH, Zinc, Dissolved Oxygen & Total Nitrogen — Sep tember
2015;
Case 4: LV-20.17-0166 —.Ammonia (NIAV) - January 2017;
NOV-201 7-LV-0536 — Ammonia (MA — April 2017;
NOD-2017-L V-0091 — Dissolved Oxygen (Daily Minimum Violations) - June 2017;
NOV-2017-LV-0711 — Dissolved Oxygen (Daily Minimum Violation) -- July 2017;
NOV-201.9-L.V-0251 — Ammonia (WAV & MAV) — February 2019;
NOV-.2020- LV-0 1 74 — Ammonia (W4 V) — January 2020,
8) The cost to the State of the enforcement procedures.
S.110.28
9.10 21020
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ