NC0087084_NOV/Civil Penalty 2015_20150114

All314019rA,
MEM
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7012 1010 0002 1965 9974
Return Receipt Requested
January 14,2015
John Condrey,City Manager RECEIVEDIDENRIDWR
Town of Forest City
PO Box 728 JAN 2 0 2015
Forest City,NC 28043-0728 Water Quality
Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0087084
Town of Forest City
Riverstone Industrial Park WWTP
Case No.LV-2015-0005
Rutherford County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$259.26($100.00 civil penalty
+$159.26 enforcement costs)against Town of Forest City.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Town of Forest City for the month of May 2014. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0087084. The
violations,which occurred in May 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Forest City violated the terms, conditions or
requirements of NPDES Permit No. NC0087084 and G.S. 143-215.1(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 permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Town of Forest City:
2090 U.S.70 Highway.Swannanoa,NC 28778 •
Phone:[phone] Internet:www.ncdenr.gov<http://www.ncdenr.gov>
An Equal Opportunity'.Affirmative Action Employer-Made in part by recycled paper

•
0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0087084, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for TSS -
Conc.
$100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0087084, by discharging
waste water into the waters of the State in violation of the Permit Weekly Average for TSS -
Conc.
$100.00 TOTAL CIVIL,PENALTY
$159.26 Enforcement Costs
$259.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determiningthe amount of the penaltyI have taken into account the Findings of Fact
{ )� g
and Conclusions of Law 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 the State, to the public health, or to private property
resulting from titg 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 wilfully 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 1
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
2

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 the 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 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;
(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 in writing. The
Director of the Division 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 (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 request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3

Option 3: File a petition for an administrative hearing with the Office of 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 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 a.m. and 5:00 p.m.,
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
§150B-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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr.John Evans,General Counsel
Department of Environment and Natural Resources
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 may be assessed for violations
that occur after the review period of this assessment.
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
for Thomas A.Reeder,Director
Division of Water Resources,NCDENR
By G.Landon Davidson,Regional Supervisor •
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
•
5

JUSTIFICATION FOR REMISSION REOUEST
•
Case Number: LV-2015-0005 County: Rutherford •
Assessed Party: Town of Forest City
Permit No.: NC0087084 Amount Assessed: $259.26
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 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 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);
•
•
(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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
•
compliance).
EXPLANATION:
i
1
•

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
Town of Forest City )
Riverstone Industrial Park WWTP )
)
- PERMIT NO.NC0087084 ) CASE NO. LV-2015-0005
Having been assessed civil penalties totaling $259.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 14. 2015, 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 (30) days
from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Forest City
CASE NUMBER: LV-2015-0005
PERMIT: NC0087084 FACILITY: Riverstone Industrial Park WWTP COUNTY: Rutherford REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$0.00 5-2014 001 Effluent TSS-Conc 5/31114 Weekly mg/I 30 33.40 11.3 Monthly Average Exceeded
$100.00 5-2014 001 Effluent TSS-Conc 5/31/14 Weekly mg/I 45 60 33.3 Weekly Average Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Riverstone Industrial Park WWTP/Forest City/ NC0087084
(May 2014 DMR)
County: Rutherford
Case Number: LV-2015-0005
8 ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in G.S. 14313-282.1(b),which are:
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;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
One Monthly Average TSS exceeded the permit limit by 11.3%.
One Weekly Average TSS exceeded the permit limit by 33.3%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal
and additional aeration.
•
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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
There have been two civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
01/14/2015 Asheville Regional Office, NCDENR

m
,
'
EFFLUENT
RicR
NPDES PERMIT No. NCO087084 DISCHARGE No.
001 MONTH MAY
YEAR 2014
FACILITY NAME RIVERSTONE INDUSTRIAL PARK WWTP
CLASS
II COUNTY
RUTHERFORD
OPERATOR IN RESPONSIBLE CHARGE (ORC)
Banard Norris Penson, Jr GRADE
IV
PHONE
(828) 2484398
CERTIFIED LABORATORIES (1)
PACE Labs Asheville, NC (2)
CHECK BOX IF ORC HAS CHANGED F-1
PERSON(S) COLLECTING SAMPLES
OPERATORS/STAFF
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
xaAf 17.
DIVISION OF WATER QUALITY
(SI(NATURE OF OPERATOR IN RESPONSIBLE
E)
DATE
1617 MAIL SERVICE CENTER
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
RALEIGH NC 27699.1617
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
' d IIY*Ie-4 pea"*,

Facility Status: (Please check one of the following) .
. All monitoring data and sampling frequencies meet permit requirements Q
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,
and a time table for improvements to be made.
Out of Compliance for the weekly & monthly average for Total Suspended Solids.All QC not
met for the following. Set of Fffluent R011's for 5-79 hada GGA check below the minimum of
t67.5 mg/I (155.0 mg/IiAll data is believed to be valid.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information submitted. Based on my Inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and
complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing
violations."
Banard Norris Penson, Jr
Permittee(Please print of type)
ff•-%,/7,-e- 0/27./Holy
Signature of Permittee** Date
(Required)
•
219 Broadriver Blvd.
Forest City,NC 28043 [phone] sonnvoenson(a townottorestclty.com 7/31/2018
Permittee Address Phone Number e-mail address Permit Expiration Date
PARAMETER CODES
00010 Temperature 00610 Ammonia Nitrogen 01034 Chromium 34235 Benzene
00076 Turbidity 00625 Total Kjeldhal Nitrogen 01037 Total Cobalt 34481 Toluene
00080 Color(Pt-Co) 00630 Nitrates/itrites 01042 Copper 38260 MBAS
00082 Color(ADMI) 00665 Total Phosphorous 01045 Iron 39516 PCBs
00095 Conductivity 00720 Cyanide 01051 Lead 50050 Flow
00300 Dissolved Oxygen 00745 Total Sulfide 01062 Molybdenum 50060 Total Res.Chlorine
00310 BODE 00927 Total Magnesium 01067 Nickel 71880 Formaldehyde
00340 COD 00929 Total Sodium 01077 Silver 71900 Mercury
00400 pH 00940 Total Chloride 01092 Zinc 81551 Xylene
00530 Total Suspended Residue 00951 Nickel 01105 Aluminum
00545 Settleable Matter 01002 Silver 01147' Total Selenium
00556 Oil&Grease 01027 Cadmium 31616 Fecal Coliform
00600 Total Nitrogen 01032 Hexavalent Chromium 32730 Total Phenolics
Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at(919)733-5083 or by
visiting the Water Quality Section's web site at h20.enr.state.nc.us/was,and linking to the Unit's information page.
Use only units designated in the reporting facility's permit for reporting data. _
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
**If signed by other that the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506(b)(2)(D).

(.1...e./Ze...# .00.ff.y) '---,,
Permit Enforcement History Details by Owner
1/14/2015 •
1
Owner: Town of Forest City
Facility: Riverstone Industrial Park WWTP
Permit: NC0087084 •
Region: Asheville County : Rutherford
Penalty Remission Enf Enf EMC EMC OAH CoNection Has
Case MR Asseesrrwnt Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Approved Amount Costs DamagesReceived Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LV-2014-0117 1-2014 9/17/14 $450.00 $147.50 10/3/14 11/6/14 $0 $597.50 $0.00 No 1212/14
TX-2014-0011 10-2014 12/12/14 $0.00 $74.74 $8,000.00
$8,074.74 No
Total Cases: 2 Total Penalty Amount $450 Total Enforcement Cost $222.24 Sum Of Total Paid: $597.50 Total Balance DUe: $6,074.74
Sum of Total Case Penalties: $8,872.24 Total Penalties After Remissions: $6,872.24