NC0023736_LVNC0023736 LV-2015-0249_20151102

r
Pat McCrory
Governor
-North Carolina Department.of Environmental Quality
Donald. R. van der Vaart
Secretary
Certified Mail #
Return Receipt Requested 7014 0510 0060 4466 8741
October 29, 2015 RECEIVEDIDENRIDWR
Mr: W. Lane Bailey NOV 0 2 '2015
City of Lenoir Water Qual']ty
P.O. Box 958 permitting Section
Lenoir, North Carolina 28645-0958
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S:) 143-2,15.l(a)(6)
and NPDES Permit No. NCO023736..
City of Lenoir
Gunpowder Creek. WWTP
Case No. LV-2015-0249
Caldwell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,909.26 ($1,750.00 civil penalty
+. $159.26 enforcement costs) against City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by City of Lenoir for the month of July 2015. This review has shown the subject facility to be in violation of the
discharge limitations and/ monitoring requirements found' in NPDES Permit No. NC0023736. The. violations; which
occurred in July 201'5, are summarized in Attachment A to 'this letter. -
Based upon the above .facts, I conclude as a matter of law that City of Lenoir violated the terms, conditions or requirements
of NPDES Permit No. NCO023736 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.l(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 Environmental Quality and the Director of the Division of Water Resources, 1, G. Landon Davidson,
Regional Supervisor, Asheville Regional.Office hereby make the following civil penalty assessment against City of Lenoir:
2090 U.S. 70 Highway, Swannanoa, NC 28778
Phone: [phone] \ lnternet:.www.ncdenr.gov <http:/hvww.ncdenr.gov>
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

$1,000.00 1 of the 1 violations of 143-215.l(a)(6) and NPDES Permit No.N00023736, by discharging waste
water into the waters of the State in violation of the Permit Monthly Geometric Mean for FEC
COLI.
$750:00 3of the 3 violations of 143-215.l(a)(6) and NPDES Permit No,NC0023736, by discharging waste-
water into the waters of the State in violation of the Permit Weekly Geometric Mean for FEC
COLI.
$1,750.00 TOTAL CPOL PENALTY
$159.26 Enforcement Costs
r
$1,909.26 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. I (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 requestfor remission, OR
(3) Submit a written request for an administrative hearing
Option L, Submit payment of the penalty:
,
Payment should be made directly to the order of the Department of Environmental Quality .(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

4
I
Option 2:,. Submit a written request for remission or mitigation, including a detailed justification for such
request:
a
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 contestingwhether the violation(s) occurred or the accuracy of any of the factual statements contained in 41
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 rightto 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
(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; r
(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 -
i
(5) whether payment of the civil penalty will prevent:payment for the remaining necessary remedial actions.
i
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 r
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 anAdministrative Hearing4 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

Option 3: File.a petition for an administrative hearink 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 (3 0) 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 maybe 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 §15013-23.2) 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 Hearinas with all auestions reaardina 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 DEQ as follows:
Mr: Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 2769971601
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.

If'',you hade any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email at janet.cantwell@ncdenr:gov.
Sincerely,
G. Landon Davidson,. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water" Resources, NCDEQ.
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File (w/attachments)
NPDES-Conipliance/Enforcement Unit Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
i
6
Q
G:'.ty`R`.IYQ;Caldwell`Rasiewatcrltunicipal`GunpuwdzrCreekJ-736'.LV-^_015-03-19:rtf -

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0249 County: Caldwell
Assessed Party: City of Lenoir
Permit No.: NCO023736 Amount Assessed: $1,909.26 -
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. 14313-282.1(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:

Y '
STATE OF NORTH CAROLINA
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVEHEARING AND
STIPULATION OF FACTS
CITY OF LENOIIt )
GUNPOWDER CREEK.WWTP )
PERMIT NO. NCO023736 ) CASE NO. 'LV-2015-0249
Having been assessed civil penalties totaling $1,909.26 for violations) as set forth in the assessment document of the
Division of Water Resources dated October 29, 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
f
f
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
-
'City of Lenoir
CASE
NUMBER: LV-2016-0249
PERMIT:
NCO023736
FACILITY:
Gunpowder Creek WWTP
COUNTY: Caldwell
REGION: Asheville
Limit Violations
MONITORING
OUTFALL
/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION PARAMETER.
DATE FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$250.00
7-2015
001
Effluent
FEC COLI
7/4/15 5 X week
#/100ml
400
. 568.50
42.1
Weekly Geometric Mean Exceeded
$250.00
7-2015
001
Effluent
FEC COLI
7/18/15 5 X week
#/100ml
400
554.60
38.6
Weekly Geometric Mean Exceeded
$250.00
7-2015._
001
Effluent-
FEC COLT
.7/25/15 5 X week
#/100ml
400
820.80
105.2
Weekly Geometric Mean Exceeded
$1,000.00
7-2015
001
Effluent
FEC COLI
7/31/15 5 X week
#/100ml
200
252.90
26.4 .
Monthly Geometric Mean Exceeded

Violator: City of Lenoir
Facility Name: Gunpowder Creek WWTP
Permit Number: NCO023736
County: Caldwell
Case Number: LV-2015-0249
ASSESSMENT FACTORS
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 maybe detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
.One Monthly Geometric Mean Fecal coliform exceeded the permit limit by 26.437%.
One Weekly Geometric Mean Fecal coliform exceeded the permit limit. by 42.134%.
One Weekly Geometric Mean Fecal coliform exceeded the permit limit by 3 8.647%.
One Weekly Geometric Mean Fecal coliform exceeded the permit limit by 105.21 %.
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 more cleaning of the basins and sludge removal.
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 four 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
Asheville Regional Office
Division of Water Resources, NCDEQ

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WEEKLYPERMIT LIMIT70 .. 1,00,0
(DsMax)
@ . Averages for parameters with values below detection limit of test (BDL) compufed using BDL -0; for Fecal Coliform; G M computed' using BDL=1
An entered fia s indicate that not all BOD QC:crite i9 were met 'This does not necessari
Y 9 ly'rean that the data'are Invalid:
Codes: 1) DW 8iank depleUon.oMater than 0 2,mgA 2) Seed control depletion less'than 2m or final D:0. less than mgA 3) All sample ,
depletions are less than 2 mgA. 4) All final D.O. readings ess than 1 mgA. 5) Evidence of toxicity in samples (BOD decreases with conceatraton).
6) Glucose / glutamic acid standard outside of 167.5 to 228.5 mgA range.. -
NOTE: SOC limits were in effect on October 1, 2013
�ti X
EFFLUENT
APDES
PERMIT NUMBER: NC0023736
DISCHARGE NUMB ER001
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y �` YEAR: 2015
FACILITY NAME: GUNPOWDER CREEK WWTP
CLASS: III
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9 �% COLW Y: CALDWPILIr��'�GJ
s
CERTIFIED LABORATORY (1) LOWER CREEK WWTP LAB.,
CERTIFICATION NU�ISE 71
(additional laboratories on the backside / page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE:
MR MONTE L. WALL
GRADE: IV
CERTIFICA. ON NUMBER 4488 ;00
PERSON(S) COLLECTING SAMPLES: LABORATORY STAFF
CHECK BLOCK HERE IF ORC
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ORC PHONE: (828) 757=`�19 R '-
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RALEIGH;'; NORTH CAROLINA;27699-1
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MY.KNOWLEDGE.
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Comp:(C)/Grab(G).`. CONT: G G. G C C C G G C C C
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(DsMax)
@ . Averages for parameters with values below detection limit of test (BDL) compufed using BDL -0; for Fecal Coliform; G M computed' using BDL=1
An entered fia s indicate that not all BOD QC:crite i9 were met 'This does not necessari
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Codes: 1) DW 8iank depleUon.oMater than 0 2,mgA 2) Seed control depletion less'than 2m or final D:0. less than mgA 3) All sample ,
depletions are less than 2 mgA. 4) All final D.O. readings ess than 1 mgA. 5) Evidence of toxicity in samples (BOD decreases with conceatraton).
6) Glucose / glutamic acid standard outside of 167.5 to 228.5 mgA range.. -
NOTE: SOC limits were in effect on October 1, 2013
�ti X

If the facility is noncompliant, please attach list of corrective actions being taken and a'time-table
far improvements to be made as required -by Part H.E.6 of the NFDES permit.
NPDES PERMIT NUMBER: NCo023736
DISCHARGE NUMBER: 001 MONTH: July YEAR:. 2015
FACILITY NAME: GUNPOWDER CREEK WWTP COUNTY: CALDWELL
Applicable Permit Limit:
Ammonia as N, Weekly Average, 16.0 mg/I (SOC limit)
Violation:
Ammonia as N, Weekly Average, 6/28-7/4/15, 21.00 mg/i
Violation:
Ammonia as K .Mekly Average, 7/5=11/15, 28.96 mg'
Violation:
Ammonia, as N, Weekly Average, 7/19-25/1.5, 35.76 mg/l
Violation:
Ammonia ;as N,' Weekly Average, 7/26-8/4/.15, 17.90 mg/l
Applicable Permit Limit:
TSS; Weekly Average, 70.0 mg/l (SOC limit)
Violation:
TSS, Weekly Average, 6%28-714/15, 107.5 mg/I
Applicable Permit.Limit:
Ammonia as N, Monthly Average, 10.0 mg/I (SOC limit)
Violation;
Ammonia as N, Monthly Average, July 2015, 23.99 mg/1
t
Applicable Permit Limit:
Fecal Coliform, Monthly GM, 200 / 100m1
Violation:
Fecal Coliform Monthly GM, July 2015, 253 mg/l
; a
Multiple violations listed above were attributed to the,petroleum products) entering the plant, beginning in May
3
e
ers continuing into August 2615. Biomass
effluent equalization pond and chlorine contact
a better effluent.