NC0087084_TX20160001_20160415

Water Resources
ENVIRONMENTAL DUALITY
April 15, 2016
CERTIFIED MAIL: 7012 2210 0002 3534 9335
RETURN RECEIPT REQUESTED
Mr. Jeffery W. Dotson
Riverstone Industrial Park
P.O. Box 728
Forest City, NC 28043-0728
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelmr
S. JAY ZIMMERMAN
RECEIVEDII DEOIDWR
MAY 0 2 2016
Water Quality
ion
permitting section
Du ecra
SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and
NPDES Permit No. NCO087084
Riverstone Industrial Park WWTP
Rutherford County
TX 2016-0001
Dear Mr. Dotson:
This letter transmits a Civil Penalt assessment against Riverstone Industrial Park WWTP in the amount
of $ ($ � 0 , 0 civil penalty + $ , % 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 October 2015 through January 2016
revealed the following effluent toxicity permit limit violations.
October 19, 2015
November 3, 2015
December 7, 2015
January 11, 2015
Fail, non-compliant
Fail, non-compliant
Fail, non-compliant
Fail, non- compliant
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. NCO087084 and N.C.G.S 143-
215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum
established by N.C.G.S. 143-215.6A(a)(2), 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).
State of North Carolina I Environmental Quality I Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh NC 27699-1621
919-743-8400

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�
For _L— of 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 October 19, 2015.
For ofviolation(s) of G.S. 143-215.1(a)(6)
and NPDES Pernhit No. NC0087084, by discharging waste
' into the waters of the State in violation of the facility's
permit effluent limit for acute toxicity for November 3,
2015.
For 3 of violations 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 December 7, 2015.
For q of 4 violation(s) of G.S. 143-215.l(a)(6)
and NPDES Pe t No. NC0087084, by discharging waste
into the waters of the State in violation of the facility's
permit effluent limit for acute toxicity for January 11, 2016.
$ / " U )1 q Enforcement costs.
$ 16 Z l ! 7 � 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. 14313-282.1(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:
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:
(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
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]
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.

,J
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.
Date Cindy Moore, Supervisor Aquatic Toxicology Branch
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Landon Davidson- Asheville Regional Office
Wastewater Branch File
Central Files