NC0087084_LV-2016-0115_20160727

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NDPAT MCCRORY
sy
DONALD R_ VAN DER VAART
Sectinary
WaterResources
CNvti+e KMNN1AL QUALITY .S. JAY ZIMMERMAN
Dineessw
Certified Mail#7012 1010 0002 1965 6522
Return Receipt Requested
June 27,2016
John Condrey,City Manager
Town of Forest City
PO Box 728
Forest City,NC 28043-0728
RECEIVED/NCDEQ/DWR
SUBJECT: Notice of Violation and Assessment of Civil Penalty JUN 2 8 2016
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
Water Quality
and NPDES WW Permit No.NC0087084 Permitting Section
Town of Forest City
Riverstone Industrial Park WWTP
Case No. LV-2016-0115
Rutherford County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$763.93 ($650.00 civil penalty+
$113.93 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 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0087084. The
violations,which occurred in January 2016,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 WW 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 Environmental Quality and the Director of the Division of Water Resources,I,G. Landon Davidson,
P.G.,Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of
Forest City:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500

$250.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0087084,by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS-Conc.
$400.00 4 of the 4 violations of 143-215.1(a)(6)and Permit No.NC0087084,by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS-Conc.
$650.00 TOTAL CIVIL PENALTY
$113.93 Enforcement Costs
$763.93 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

•
V 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

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 DEQ as follows:
Mr. Sam M. Hayes,General Counsel
Department of Environmental Quality
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.
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,
G. Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
(.\WKWO Rutherford\Wastewat&M1lmuclpal\Forint Circ-Rlecrs,oncLV-2016-v1Ic rri

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0115 County: Rutherford
Assessed Party: Town of Forest City
Permit No.: NC0087084 Amount Assessed: $763.93
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(Le., 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(Le., 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 ENVIRONMENTAL QUALITY
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 W WTP )
)
PERMIT NO.NC0087084 ) CASE NO. LV-2016-0115
Having been assessed civil penalties totaling$763.93 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated June 27, 2016,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-2016-0115
PERMIT: NC0087084 REGION: Asheville
FACILITY: Riverstone Industrial Park VWVTP COUNTY: Rutherford
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Umit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
1/2/2016 1-2016 Solids,Total Weekly mgA 45 114 153.3 Weekly $100.00
Suspended- Average
Concentration Exceeded
1/16/2016 1-2016 Solids,Total Weekly mgA 45 102 126.7 Weekly $100.00
Suspended- Average
Concentration Exceeded
1/23/2016 1-2016 Solids,Total Weekly mgA 45 140 211.1 Weekly $100.00
Suspended- Average
Concentration Exceeded
1/30/2016 1-2016 Solids,Total Weekly mgA 45 103 128.9 Weekly $100.00
Suspended- Average
Concentration Exceeded
1/31/2016 1-2016 Solids,Total Weekly mg/ 30 93 210.0 Monthly $250.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Town of Forest City
Facility Name: Riverstone Industrial Park WWTP
Permit Number: NC0087084
County: Rutherford
Case Number: LV-2016-0115
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 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 210%.
Four Weekly TSS's exceeded the permit limit by 153.3%, 126.6%,211.1%& 128.8%.
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. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
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 two civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$113.93.
°co sA • leo
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

' EFFLUENT
1
NPDES PERMIT No. NCO087084 DISCHARGE No. 001 MONTH JANUARY YEAR 2016
FACILITY NAME RIVERSTONE INDUSTRIAL PARK WWTP CLASS II COUNTY RUTHERFORD
OPERATOR IN RESPONSIBLE CHARGE (ORC) Banard Norris Person, Jr GRADE IV PHONE [phone]
CERTIFIED LABORATORIES (1) PACE Labs Asheville, INC (2) PAR Labs Charlotte, NC
CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES OPERATORS/STAFF
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
x
DIVISION OF WATER QUALITY
(SIGNATURE OF -OPERATOR IN RESP9fi8TBLE CHARGE) DATE
1617 MAIL SERVICE CENTER
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BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS lfl�l� i1 Siv
RALEIGH, 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
Non mpliant
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.
All QC not met for the following: Set of BOD's for 1-5 had the GGA check above the max of
228.5 mg/I. (241) Eff BOD for 1-29 had no dilution to have at least 1.0 mg/I remaining. All
data is biieved to be valid.
See attached for additional information:
"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 property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,
or 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
violations."
Banard Norris Penson, Jr
Permittee(Please print of type)
(2/2.0/24/4.(2/2.0/24/4.I nature ofPermittee"r Date
(Required)
219 Broadriver Blvd.
Forest City,NC 28043 [phone] sonnvDenson(a<)townotrorestclty.com 7/31/2018
Permittee Address Phone Number e-mail address Permit Expiration Date
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 BODY 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 8 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/wcis 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).

( 151e art9
RC Catalyst.com ran a story on 1/28/2016 (rccatalyst.com/?p=35856)
stating a clarifier center well failure had occurred at the Horsehead
Facility in December of 2015. Forest City has performed numerous
samplings at the Horsehead site and believe that some of the raw
materials (furnace ash) are introduced via the employee showers and
equipment washing. We also believe something with the clarifier repair
was introduced, but cannot verify that. Pictures were taken of what
appeared to be "floc" in a grab sample in early January. On 1/12/2016
Influent Zinc was 53.1 mg/I and Effluent Zinc was 54.7 mg/I. These were
the highest numbers observed to date. These excessive loads are
thought to have caused inhibition that adversely affected treatment.
The plant was "re-seeded" on 1/21/2016 with sludge from the Riverside
• Drive facility. Regardless of Horseheads economic status, an Industrial
User Permit is being put together for them. Forest City has been in
contact with Tim Heim w/DEQ concerning these issues.

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