NC0020401_Notice of Violation_20240109

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL #: 7020 3160 0000 3283 0977
RETURN RECEIPT REQUESTED;
Shawn Pennell, Public Utilities Director
City of Hickory
Post Office Box 398
Hickory, NC 28603
SUBJECT: Notice of Violation
Violation of G.S. 143-215.1(a)
Unpermitted Discharge of Wastewater
City of Hickory/Northeast WWTP
NPDES Permit No. NCO020401
Catawba County
Tracking #: NOV-2024-DV-0015
Dear Mr. Pennell:
NORTH CAROLINA
Environmental Quality
January 9, 2024
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental
Management Commission of the Department of Environmental Quality of protect and preserve the water resources of the State.
The Division of Water Resources (DWR) has the delegated authority to enforce adopted water pollution control rules and
regulations.
On December 27, 2023, City of Hickory reported to this Office that approximately 208,000 gallons of untreated wastewater
was discharged into Falling Creek from the influent pump station at the City of Hickory/Northeast WWTP. The discharge was
first observed on December 26, 2023 (11:45 a.m.) and ended on December 27, 2023 (1:45 a.m.). The City of Hickory's follow-
up written report (5-day Bypass Report Form) indicated that the influent pumps could not handle the high influent flows
resulting from the heavy rainfall and flooding. The City of Hickory had not applied for or secured a permit to discharge the
untreated wastewater at the influent pump station from the Division.
Please be advised that G.S. 143-215.6A provides for a civil penalty of not more than twenty-five thousand dollars
($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any
person who fails to apply or to secure a permit required by G.S. 143-215.1(a). Penalties may also be assessed for any damage
to surface waters of the State that may result from the violation.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663,1699

It is requested that a written response be submitted to this Office by January 30, 2024, detailing the actions taken by the
City to address Infiltration and Inflow (I&n in this WWTP's collection system. In responding, please address your comments
to the attention of Mr. Wes Bell.
Should you have any questions concerning this Notice, please do not hesitate to contact Mr. Bell at [phone] or at
wes.bellkdeq.nc. gov.
Sincerely,
EA
DocuSigned by:
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F161FB69A2D84A3...
Andrew H. Pitner, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: NPDES Program Files - Laserfiche
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North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.6631699