NC0025542_Regional Office Historical File Pre 2018 (2)

ROY COOPER
Governor
MICHAEL 5. REGAN
Sermmrr
S. DANIEL SMITH
Dffirctor
Certif°ted Mai # 7018 3090 00+31 2328 4235
Return Receipt Requested
Shawn Pennell
Assistant Director .Public Services/'Public Utili
City of Hickory
PO Box 398
Hickory, NC 28603-0398
NORTH CAROUNA
Enrb me tal Quality
ember 10, 2()20
SUBJECT : Notice of Violation and Assessment of Civil Penalty
for Violations ofNorth Carolina General Statute (G.S.) 1 13_215.1 (a)(6
and NPDES WW Permit No. NC0025542
City of Hickory
Catawba WWTP
Case No. 245
Catawba County
Dear Mr. Pennell:
This letter transmit a Notice of y iolatiott and assessnt
+ $110.28 enforcement costs) against City of Hickory.
penalty in tlt amount taf $860.28 (;.S"250.00 ei
This assessment is based upon the following facts: a review has peen conducted of the Discharge Monitoring Report
(DM) submitted by City of Hickory tier the month of March 2020. This review has shown the subject facility to he in
violation of the discharge limitations and,$or monitoring requirements found in MP©ES W W Permit No, NC0025542. The
violations, which occurred in March 2020,, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Hickory ioiated the terms, crtttditions or
requirements of NPD.ES WW Permit. No, NC0025542 and G.S. 143-21 .1(a)f 6) its ttre manner and extent shown in
ent A. In accordance with the maximums established by. G.S, 143-215.6A(a')(2), a civil penalty may be assessed
ny person who violates the terms. conditions or requirements of a permit required by G.S. 143-2(
NO ftDept 1 ^',,-}. Er, t* 1 J! Waiter' e' ti `^e3
35,4 ;$ Fr¢ ! E1 =► ere ,A a g. mts 3 1 ; ' mow: e, Man* ..e7r, :r11 ZS11.5
—24$Ea•1E99

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:
$500,00 l of 1 violations of G.S. 1,43-215.10)(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
S250.00 1 of 1 violations of Ci.S. 143-215.1(a)(6) and Pennit No, NC0025542, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrovn, Ammonia
Total (as N) - Concentration
$750.00
$110.28
$860.28
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G 5 143-21.5,6A(c), in determining the amount. of the penalty 1 have taken into account the Findings of Fact and,
Conclusions of taw and the factors set forth at G.S. 143B-282.1.(b), which are:
) 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;
(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;
(() Whether the violation was committed willfully or intentionally;
f7) The prior record of the violator On complying or failing to comply with programs over which the hnvironmental
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 mustdo one of the following:
(1) Submit payment of the penalty, OR
(2) Submita written request for remission, OR
(3) Submit a written request for an administrativ
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
,larrri). 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 27699-161'7

PirOption 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 ofthe '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. Because a re -mission request forecloses the option dart 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 he considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 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;
t4) 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 inform you of his decision in the matter of
your remission request. TIThe 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 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 reqiiest remission yournust complete and submit the enclosed "Request for Remission o —1Penalties,
Waiver ofRignt to an Administrative Hearin • and Stipulation of Facts" form, within thjjyJ3Odas of receipt of this
notice. TheDivision of -Water 'Resources also requests that you complete and submit the encli"Ju,stitication 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 27699-1617

Option 3: File a petition for • n administrative hearing the Office f Admuiitrative .s:
If you wish to contest ally 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 normal office hours, The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 arn. and 5:00 pin., 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 and a filing fee (if a filing fee is required by NCGS §15(JB-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 Hearin)s vith all questions regarding the filing fee andqj t.e details f the
filing process,
'the mailing address and telephone and fax numbers for the Office of „Administrative Hearings are as follows:
67.14 Mail Service Center
Raleigh, NC 27699 671.4
Tel; (919) 431-.3000
Fax: [phone]
One (1) copv ot the pdtition rflust also be served on DEQ as follows:
Mr. William F, 1 General Counsel
Department of Environmental Quality
1601 Mail Service Center
R.aleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this etiet ) on the petition.
Failure to e,xercise 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 re -feud to the Attorney General's Office for
collection of the penalty through a civil action. Pleasebe advised that additional pen.alties 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 [phone] or via email at
Sincerely,
rApocusig.b,
4.1444, H p4�4,4
,,ii 1 r B59A2 D84A3
for
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMEVIS
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit Enforcement File (Easerfich.e)

JUST
Case Number: LV-202O-0245
Assessed Party: City of Hickory
Permit No.: NC0025542
R REMISSION
County: Catawba.
Amount Assessed: S860.28
Please use this form when requesting remission of this civil penalty. You must also complete the ,Request For Remission,
PT/diver of Right 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
"actors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
ssion is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the. factual
staterartaats contained in the civil penalty assessment document. Pursuant to N,C,G.S. § 143B-282,1(c), remission of a civil
penay be granted only when one or more of the following five factors aprply. 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 ,C.Ci.S, 143B-282..1(b) were wrongfu'1ly applied to the
detriment of the petitioner ("the assessment r the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation
steps that vrraa trrtr ter c orr°ect the violation and prev°entwfirture occurrences),'
(c) the violation was inadvertent or a result of at acr ident (i.c., explain whv^ the violation was unavoidable 0
something you could not prevent or prepare
(d) the vittlatt r had not been assessed civil penaltie
previous violations,
ex
(e) payment of'the civil penalty will prevent payment for the remaining necessary remedial actions (Le.
how payment +wsrthe civil penalty will prevent yote rom per°necessary to achieve
compliances_
EXPLANATION:
slain the

STATE OF NOR 011 CAROLINA
COUNTY OF CATAWBA
DEPARTMINT OF EN' IRONMENI AI, QUALITY
IN TITE MATTER ASSESSMENT WAIVER OF IGUT TO AN
OF CIVIL PENALTIES AGAINST AD INIST AT E HEA !NG AND
STIPULATION OF FACTS
City ofHickory
Catawba WWTP
PERmrr NO, NC0025542 CASE NO. IiV-2020245
liarring been assessed civil penalties totaling $860„28 for violation( sti as set forth in the assessment document of the 1/ivision
of Water Resources dated SpippittilPer IQ 202.0, the undersigned, desiring to seek remission of the civil penalty, does, hereby
waive the right to an administrative hearing in the aboverstated mailer 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 rinst be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new CVidence in support of a remission request wilt be allowed after (30) days from the receipt of the
notice of assessment,
This the it
day of
ADDRESS
WEL,EFISONTI
SIGNATURE

PERE: NC0025
FAC1L TY Catawba
T
d1
TION(S)
2
ATTACHMENT
City ofHickory
CASE NU : L-2020 245
SA'LE LOCATION: Outral 001E a rtt
Violation Report
Date nth`'"r
1 412020-2020..,'
teeter
Pa
Nitrogen, Ammonia
Total (as ) n
Concentration
112020 -2020 Nitrogen, Arnmonia
Total (as N.
Cencentration
3 X week
REGION:
ooresv
COUNTY: Catawba
0
Unit of i It
Measure Value
6
3 X week
raga
Cates
2.83
Over Violation
t't Type
22.1 Weekly
Average
Exceeded
41,6 Monthly
Average
Exceeded
Penalty
Amount
20.00
00.00

DIVISION OF WATER RESOf. RUES - CIVIL PENALTY ASSES
ENT
Violator: City of Hickory
Facility Name: Catawba WWTP
Permit Number: NC0025542
County: Catawba
Case. Number: LV-2020-0245
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 f treated wastewater in excess of permit limitation • 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 of`treated wastewater in excess of permit limitations has the potential to
adversely impact Star/2we watts.
4) The cost of rectifying the damage;
Inknown.
5) The amount of money saved by noncompliance;
Unknown.
6) Wheth.er the violation was committed willfully or intentionally;
Not suspected to he 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
N V-201 y-M ' 0136 — Failure to monitor Fecal Colrform, pH. Zinc, Dissolved Oxygen & Total Nitrogen September
2015..
Case #: L V-2017-0166 -- Ammonia (MA V) January 2017;
WOV-2017-LV-O'536—Ammonia (MAV;)— April 2017;
NOD-2017-LV-0091 — Dissolved C.hytgen (Daily Minimum Violations) - June 2017:
NOV-2017-LV-0711 — Dissolved Oxygen (Daily Minimum Violation) — July 2017;
NOV-2019-L V' 0251 — Ammonia (WAV & MA l) — February 2019;
NOV-2020-LV-0174 —Ammonia (WA Vj—Januars)20;
Case 4:: LV-2020-0243 — Ammonia (WAVs & MA V) - February 2020.
8) The cost to the State of the enforcement procedures.
$110.28
9.1©.2020
Date
e—oauSI„ned br
pfaw , H P4,44,
669A2€ 34A3
fo r
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ