NC0087084_Remission Request (LV-2022-0171) _20220809

'Town of forest City
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'Forest City, Worths Carolina 28043
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August 5, 2022
Daniel Boss,Assistant Regional Supervisor RECEIVED
Water Quality Operations Sections
Asheville Regional Office 0 9 2022
Division of Water Resources, NCDEQ NCDEQIDWRINPDES
Dear Mr. Boss,,
In response to the Notice of Violation date May 25, 2022, I would like to provide a brief history of the
Riverstone plant where the violation occurred. For 13 consecutive months,the Riverstone plant was in
noncompliance for toxicity failures associated with excessive zinc discharges from the former Horsehead,
now American Zinc Products(AZP),facility.When Horsehead filed for bankruptcy in 2015 and closed
temporarily,the Riverstone plant returned to full compliance.
AZP restarted operations in 2018. As a result, metals and ammonia levels have increased significantly. A
consent order was entered into in 2019 for ammonia, however the problem was not resolved by the end of
the consent order. In March 2021,an administrative order was sent to AZP. During the adjudication hearing
on May 26, 2021, both parties agreed to develop a memorandum of understanding. At this hearing,AZP
agreed to pay for sludge removal from the Riverstone plant during the negotiation period. After significant
work by both parties,an agreement was recently executed on May 27, 2022.
Throughout the negotiation period, limited wasting was done due to the high concentration of metals in the
sludge. In July 2021,we started wasting a little at a time. By December 2021 with the increased ammonia and
metals, it became evident that too much wasting had occurred. As a result,we failed TSS and Toxicity for the
month of December. We reseeded the plant at the end of December 2021. As a result,TSS increased and
fecal failed.
Sampling is required once per week at Riverstone. When sampling for fecal one week in January 2022,we
exceeded the limit. DPD powder is used to check effluent discharge for the presence of chlorine before
sampling for fecal. With the TSS issues in the prior month,the sample had small amounts of solids floating
and made it difficult to see a change in color from the DPD powder. We did not catch that it had exceeded
the limit until the week had already passed so there was not a chance to sample back into compliance for
that week. We have created a system between Supervisor,ORC, and Lab Analyst to ensure if this problem
happens again that we will be notified and immediately sample back into full compliance. After January 2022
Riverstone has been in full compliance with the permit, and we anticipate that it will stay that way.
Thanks,
Jacob Hodge
64f/(
ORC

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
) AND STIPULATION OF FACTS
NPDES WW PERMIT NO. NC0087084
TOWN OF FOREST CITY
PO BOX 728 )
FOREST CITYN NC 28043-0728
NPDES PERMIT NO. NC0087084 ) FILE NO. LV-2022-0171
Having been assessed civil penalties totaling$320.89 for violation(s)as set forth in the
assessment document of the Division of Water Resources dated July 7. 2022, 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 civil penalty must be submitted to the
Director of the Division of Water Resources within thirty (30)days of receipt of the
notice of assessment. No new evidence in support of a remission request will be allowed
after thirty (30) days from the receipt of the notice of assessment.
This
the 5th day of August , 2022
194+-‘t/Chi
Signature
ADDRESS
Dr. Janet H Mason, Town Manager
Town of Forest City
RECEIVED PO Box 728
AUG U 9 2022 Forest City, NC 28043-0728
TELEPHONE
NCDEQIDWRINPDES [phone]
Revised 3'2009

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2022-0171 County: Rutherford
Assessed Party: Town Of Forest City
Permit No. (if applicable): NC0087084 Amount Assessed: $320.89
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver 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
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 N.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 applies. 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 factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
X (c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(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 (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
See explanation attached:
Revised 8/2014