NC0087084_Remission Decision (LV-2022-0171)_20220901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 1, 2022
CERTIFIED MAIL ITEM 7018 1830 0001 8037 1158 - RETURN RECEIPT REQUESTED
Ms. Janet H. Mason
City Manager
P.O. Box 728
Forest City, NC 28043-0728
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Riverstone Industrial Park WWTP
Permit NC0087084
Case LV-2022-0171
Rutherford County
Dear Permittee:
I have considered the information submitted by your municipality in support of a request
for remission in the subject case. I have found no cause to remit the assessed penalty.
Your municipality is responsible for the existing penalties and enforcement costs, which
total $320.89.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30)
days of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance
with NCGS § 143-215.6A (f), your request for remission of the civil penalties (with
supporting documents) and my recommendation regarding the request will be delivered to
the North Carolina Environmental Management Commission's (EMC) Committee On Civil
Penalty Remissions (Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for
remission meets one or more of the five statutory factors you were asked to address, you
must complete and return the attached forms within thirty (30) days of receipt of this
letter. Please mail the completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed
by the EMC Chairman and, if it is determined that there is a compelling reason to require
ctE
NORTH CAROL NA
Department of Environmental Waiity
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707,9000

NC0087084 Remission Decision
Page 2of3
an oral presentation from you, you will be notified by certified mail of the date, time, and
place that your oral presentation can be made. Otherwise, the final decision on your
request for remission will be made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,
please contact Mr. Weaver at [e-mail].
Sincerely,
for Richard E. Rogers, Jr.
Director, Division of Water Resources
cc: NPDES file

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: NC0087084 Region: Asheville County: Rutherford
Assessed Entity: Town of Forest City Permit: NC0087084
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
(c) Whether the violation was inadvertent or a result of an accident:
Perrittee States: Removal of metals -contaminated sludge caused plant to be out of compliance.
Eventual re -seeding of plant caused fecal violation.
DWR Response: ARO does not support remission. ARO has further questions about fecal sampling
method used at the facility.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied 111
Full Remission ❑ Retain Enforcement Costs? Yes El No ❑
Original Penalty (without Enforcement Costs)
$200.00
Partial Remission ❑ 0% or $0.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$200.00
$120.89
$320.89
7AZ.
and E. Rogers, Jr. Date