NC0087084_LV20150072_20150520

•
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 5849
Return Receipt Requested
May 20,2015
John Condrey,City Manager
Town of Forest City
PO Box 728
Forest City,NC 28043-0728
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-2015-0072
Rutherford County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$284.26($125.00 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 January 2015. 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 January 2015,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.//ww.v ncdenr.00v>
An Equal Opportunity Aftitmatire 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.
125.00 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.
$125.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$28426 TOTAL AMOUNT DUE
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(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty,OR
(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. Sam M.Hayes,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 S.Jay Zimmerman,P.G.
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-2015-0072 County: Rutherford
Assessed Party: Town of Forest City
Permit No.: NC0087084 Amount Assessed: $284.26
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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

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-2015-0072
Having been assessed civil penalties totaling $284.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated May 20, 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-2015-0072
PERMIT: NC0087084 FACILITY: Riverstone Industrial Park WWTP COUNTY: Rutherford REGION: Asheville
Limit Violations
MONITORING OUTFALL 1 VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$125.00 1-2015 001 Effluent TSS-Conc 1/17/15 Weekly mg/I 45 59 31.1 Weekly Average Exceeded
$0.00 1-2015 001 Effluent TSS-Conc 1/31/15 Weekly mg/I 30 30.70 2.2 Monthly Average Exceeded

y� i
. r ia' l t
EFFLUENT MAR
0 9 2010
'IPDES PERMIT No. NC0087084 DISCHARGE No. 001 MONTH JANUARY YEAR 2015
'ACILITY NAME RIVERSTONE INDUSTRIAL PARK WWTP CLASS II COUNTY RUTHERFORD
)PERATOR IN RESPONSIBLE CHARGE(ORC) Banard Norris Penson,Jr GRA,,�,ly,,,,,f.. PHONE [phone]
;ERTIFIED LABORATORIES(1) PACE Labs Asheville,NC (2) PAR Labs Charlotte,NC
:HECK BOX IF ORC HAND Cl PERSON(S)COLLECTING SAMPLES OPERATORS/STAFF
ilail ORIGINAL and ONE COPY to
\TTN: CENTRALMIA# 1 92015 x ,or,----e" /77,------1- 2 ?Q/J
'
)IVISION OF WATER QUALI1 (SIGNATURE OF OPERATOR IN RESPONSIBLE) GE) I DA E
617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
LALEIGH,NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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.
- Facility Status: (Please check one of the following)
•
All monitoring data and sampling frequencies meet permit requirements ❑
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.
TSS monthly violation attributed to cold temperatures and two consecutive days of Inflow
and Infiltration. (December 23rd previous and January 4 & 5) Polybac food source and
• • u • . • • l _ - _ • • - . - - 1 - . - • • u it • • . . . - - . • I • . _ . - - .
: � 0 00 . 11 - ► - - - S . - 0 • I - • - - 4. 11 . .
�•I - I • . eI • 1 - 11011 .. II . - lk
• • _ • • — • _ • • • _ • • , _ as • ••• • • — • • _ • „ al. • •
Toxicity failure is continuation of heavy metals being discharged to the Riverstone Plant by
the Horsehead Corporation.
'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,
Dr 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
iolations."
Banard Norris Penson, Jr
Permittee(Please print of type)
ZZ--(7—...._
te
Signature of Permittee** Date
(Required)
219 Broadriver Blvd.
Forest City,NC 28043 [phone] sonnvpensonccutownottorestclty.com 7/31/2018
-erm'ee '••ress - one `um•er e-mai a..ress •erm •ira ion a- e
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/Nitrites 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 BOD5 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/wgs 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).

Town of Forest City ''ery
P.O. Box 728
Forest City, NC 28043
•
- �
RECEIVED
Division of Water Resources
MAY - 4 2015
it
Water Quality Regional Operations
Asheville Regional Office
April 27, 2015
To: G. Landon Davidson, P.G.,Regional Supervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
From: Jeff Dotson
Superintendant
Town of Forest City
Cc: Janet Cantwell-Environmental Specialist NCDENR
Sonny Penson-ORC/Chief Wastewater Operator
John Condrey-City Manager Town of Forest City
Subject: NOV-2015-LV-0260
Riverstone Industrial Park WWTP
NPDES Permit No.NC0087084
Rutherford County
Dear Mr. Landon Davidson,
This letter is in response to the Notice of Violation and Recommendation for Enforcement with
tracking number NOV-2015-LV-0260 that I received on April 22,2015. The noncompliance at
the Riverstone Wastewater Treatment plant can be attributed to extremely cold temperatures and
two consecutive days of inflow and infiltration. Plant staff increased the addition of a polybac
food source and Sodium Bicarbonate from two days a week to four days and the SBR program
cycles were adjusted to accommodate the additional flow.The plant started turning around on
January 23rd and was much improved by January 20. The Town of Forest City plant staff has
worked tirelessly at this plant to achieve full compliance and will continue to do whatever is
necessary to make adjustments and improvements. If you have any additional questions,
comments, or concerns,you may direct them to Jeff Dotson(Superintendant)or Sonny Penson
(ORC, Chief Wastewater Operator)at 828-248-5217.
i
Jeff Dotson
Superintendant
Town of Forest City, WWTP

Permit Enforcement History Details by Owner
5/20/2015
1
Owner: Town of Forest City
Facility: Riverstone Industrial Park WWTP
permit: NC0087084
Region: Asheville County : Rutherford
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Amount Coats Damages Received 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 12/2/14
TX-2014-0011 10-2014 12/12/14 $0.00 $74.74 $6,000.00 $8,074.74 No
LV-2015-0005 5-2014 1/14/15 $100.00 $159.28 $259.26 $0.00 No 2/10/15
LV-2015-0008 6-2014 1/14/15 $100.00 $159.26 $259.28 $0.00 No 2/10/15
LV-2015-0031 11-2014 3/2/15 $100.00 $159.28 $259.26 No
TX-2015-0001 4/6/15 $3,000.00 $74.74
$3,074.74 No
Total Cases: 6 Total Penalty Amount $3,750 Total Enforcement Cost: $774.76 Sum Of Total Paid: $1,118.02 Total Balance Due: $9,408.74
Sum of Total Case Penalties: $10,524.78 Total Penalties After Remissions: $10,524.78

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Riverstone Industrial Park WWTP/Forest City/ NC0087084
(January 2015 DMR) RECEIVED/DENR/DWR
County: Rutherford
Case Number: LV-2015-0072 MAY 2 9 2015
8 ASSESSMENT FACTORS Water Quality
Permitting Section
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. 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;
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 2.22%.
One Weekly Average TSS exceeded the permit limit by 31.11%.
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 five 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
05/20/2015 Asheville Regional Office, NCDENR