NC0087084_Assessment of Civil Penalty_20150130

RECEIVEDIDENRDWR
�=E 182015
Water Quality
NCDENR Permitting Sector
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor
Secretary
January 30, 2015
CERTIFIED MAIL: 7012 2210 0002 3534 8956
RETURN RECEIPT REQUESTED
Mr.Jeffery W. Dotson
Riverstone Industrial Park
P.O. Box 728
Forest City,NC 28043-0728
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6)and
NPDES Permit No.NC0087084
Riverstone Industrial Park WWTP
Rutherford County
TX 2014-0011
Dear Mr. Dotson:
This letter transmits a Civil Penalty assessment against Riverstone Industri Park WWTP in the amount of
$ too�t-��v ($ (.o cx9D. p� civil penalty+$ 7 enforcement costs).
This assessment is based upon the following facts. A review of the facility's toxicity self-monitoring data from June
through October has been conducted. The review has shown Riverstone Industrial Park WWTP to be in violation of the
90%acute toxicity effluent discharge limitation found in NPDES Permit No.NC0087084. The facility's toxicity self-
monitoring reports for June 2014 through October 2014 revealed the following effluent toxicity permit limit violations.
June 9,2014 Fail,non-compliant
July 7,2014 Fail,non-compliant
July 21, 2014 Fail,non-compliant
August 11, 2014 Fail,non-compliant
September 15, 2014 Fail,non-compliant
October 13, 2014 Fail,non-compliant
Water Sciences Section
1621 Mail Service Center,Raleigh,North Carolina 27699-1621
Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607
Phone:[phone] FAX:[phone]
Internet:portal.ncdenr.orglweb/wglhome
An Equal Opportunity/Affirmative Action Employer

Based upon the above fact(s),I conclude as a matter of law that Riverstone Industrial Park WWTP violated the terms,
conditions or requirements of NPDES Permit No.NC0087084 and N.C.G.S 143-215.1(ax6)in the manner and extent
shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(aX2),may be
assessed against a person who violates the terms,conditions or requirements of a permit required by N.C.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,Cindy
Moore, Supervisor,Aquatic Toxicology Branch,hereby make the following civil penalty assessment against Riverstone
Industrial Park WWTP:
$ /0 or, '6-6 For / of (o violation(s)of G.S. 143-215.1(aX6)and NPDES
Permit No.NC0087084,by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for acute toxicity for June 9,
2014.
$ �Ote9 For o - of cp violation(s)of G.S. 143-215.1(a)(6)and NPDES
Permit No.NC0087084,by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for acute toxicity for July 7,
2014.
. dot �
$ /0 00 For of rVJ violation(s)of G.S. 143-215.1(aX6)and NPDES
Permit No.NC0087084,by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for acute toxicity for July 21,
2014.
$ U$Q For L of lU violation(s)of G.S. 143-215.1(a)(6)and NPDES
Permit No.NC0087084,by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for acute toxicity for August
11,2014.
$ l For J of 0 violation(s)of G.S. 143-215.1(a)(6)and NPDES
Permit No.NC0087084,by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for acute toxicity for
September 15,20
$ l Q For X(P of (3 violation(s)of G.S. 143-215.1(aX6)and NPDES
Permit No.NC0087084,by discharging waste into the waters of the State in
violation of the facility's permit effluent limit for acute toxicity for October
13,2014.
$ L`IL( Enforcement costs.
$ (9-01(4,14 TOTAL AMOUNT DUE
Water Sciences Section
1621 Mail Service Center,Raleigh,North Carolina 27699-1621
Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607
Phone:[phone] FAX:[phone]
Internet:portal.ncdenr.org/web/wgmome
An Equal Opportunity/Affirmative Action Employer

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 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 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 days receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural Resources(do not include
waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new
violation(s).
Please submit payment to the attention of:
Water Quality Permitting Section
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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:
Water Sciences Section
1621 Mail Service Center,Raleigh,North Carolina 27699-1621
Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607
Phone:[phone] FAX:[phone]
Internet portai.ncdenr.org/web/wglhome
An Equal Opportunity/Affirmative Action Empbyer

(1) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were wrongfully
applied to the detriment of the petitioner;
(2) the violator promptly abated continuing environmental damage resulting from the violation;
(3) the violation was inadvertent or a result of an accident;
(4) the violator had been assessed civil penalties for any previous violations;
(5) 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. 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:
Water Sciences Section
Division of Water Resources
1621 Mail Service Center
Raleigh,NC 27699-1621
OR
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 original and one(1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within
five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone[phone] Facsimile: [phone]
Water Sciences Section
1621 Mail Service Center,Raleigh,North Carolina 27699-1621
Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607
Phone:[phone] FAX:[phone]
Internet portal.ncdenr.org/web/m/home
An Equal Opportunity/Affirmative Action Employer

f
A 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,NC 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.
Please be advised that any continuing violation(s)may be the subject of a new enforcement action,including an additional
penalty. If you have any questions about this civil penalty assessment,please contact Mr.John Giorgino at 919-743-8441
or me at 919-743-8442.
1";V-1( 01)19
Date Cindy Moore, Supervisor Aquatic Toxicology Branch
Division of Water Resources,NCDENR
ATTACHMENTS
cc: Landon Davidson-Asheville Regional Office
Jeff Menzel-Asheville Regional Office
Wastewater Branch File
Central Files
Water Sciences Section
1621 Mail Service Center,Raleigh,North Carolina 27699-1621
Location:4401 Reedy Creek Road,Raleigh,North Carolina 27607
Phone:[phone] FAX:[phone]
Internet portal.ncdenr.orgAveb q/home
An Equal Opportunity/Affirmative Action Employer