NC0023736_SP-2015-0003_20151029

North Carolina Department of Environmental Quality
Rat McCrory
Governor
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
Mr. W. Lane Bailey, City Manager
City of Lenoir
P.O. Box 958
Lenoir, North Carolina
Dear Mr.. Bailey:
28645-0958
October 29, 2015
7014 0510 0000 4466 8710
Donald R. van der Vaart
Secretary
RECEIVIaDI ENEWR
NOV - 2'20;
dater Quality
Permft inq Section
Subject: Department of Environmental Quality and
Environmental Management
Commission vs. City ofIenoir
Special Order by Consent WQ S13-002
Stipulated Penalties
SP=2015-0003.
NPDES Permit Number NCO023736
Gunpowder Creek WWTP
Caldwell County
The City of Lenoir entered into a Special Order by Consent (SOC) WQ S13-002 with the
North Carolina Environmental Management Commission whereby operation of the City of Lenoir
Wastewater Treatment Plant (Gunpowder Creek WWTP) has been placed under interim effluent
limitations and an enforceable schedule while the existing WWTP is being upgraded.
Under section 3 of the Special -Order by Consent, the City of Lenoir was required to
comply with interim effluent limitatiohs-as set forth:in the Consent Order. The WWTP failed to
comply with the interim effluent limitations for Ammonia Nitrogen and Total Suspended Solids
contained in "Attachment A" of the Order for the month of June 2015.
After careful review of this matter, I have not found grounds for sufficient justification to
waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by
Consent, a stipulated penalty in the amount of $750.00 for each Weekly Average violation and
$1,750.00 for each Monthly Average violation is now due for a total of $8,000.00.
Payment by certified check payable to the Department of Environmental Quality must
be submitted to the Department at the address given below within thirty (30) days from receipt
of this demand:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You are reminded that payment of said penalties mentioned in this letter will not
foreclose further penalties for any future or continuing violations, failure to meet deadline dates,
or interim effluent violations.
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.nodenr.orgtwebtwq
An Equal Opportunity/ Affirmative Action Employer

Mr. W. Lane Bailey
October 29, 2015
Page Two
If ,you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 1508 of the North Carolina General
'Statutes.
You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile [phone]
and mail or hand deliver a copy of the petition to:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601 "
If you have any questions concerning this notification please contact Janet
Cantwell of this Office or me at [phone].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations,- NCDEQ
Asheville Regional Office
cc: WQ Asheville -Files
NC DEQ General Counsel
NPDES Point Source Compliance Unit/ SOC
G:iWMWQlCaldwell\WastewaterWunicipakGunpowder Creek 237361SP-2015-0003.doc
Jr

ATTACHMENT
A
City of Lenoir
CASE
NUMBER.
SP -2015-0003
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
$750.00
6-2015
001
Effluent
NH3-N - Cone
6/6/15
5 X week
mg/I
15
17.10
14.0
Weekly Average Exceeded
$750.00
6-2015
001
Effluent
NH3-N - Cone
6/13/15
5 X week
mg/I
15
21.20
41.3
Weekly Average Exceeded
$750.00
6-2015
001
Effluent
NH3-N - Cone
6/20/15
5 X week
mg/I
15
37.30
148.4
Weekly Average Exceeded
$750.00
6-2015
001
Effluent
NH3-N - Cone
6/27/15
5 X week
mg/I
15
22.80
52.3
Weekly Average Exceeded
$1,750.00
6-2015
001
Effluent
NH3-N - Cone
6/30/15
5 X week
mg/I
10
24.30
142.9
Monthly Average Exceeded
$750.00
6-2015
001
Effluent
TSS - Cone
6/6/15
5 X week
mg/I
70
71.20
1.7
Weekly Average Exceeded
$750.00
6-2015
001
Effluent
TSS - Cone
6/13/15
5 X week
mg/I
70
108
54.3
Weekly Average Exceeded
$1,750.00
6-2015
001
Effluent
TSS - Cone
6/30/15
5 X week
mg/I
45
81
80.0
Monthly Average Exceeded