NC0087084_LV20160135_20160727 (2)

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Certified Mail # 70121010 0002 1965 6973
Return Receipt Requested
,July 27, 2016
John Condrey, City Manager
Town of Forest City
PO Box 728
Forest -City, NC 28043-0728:
�P�T�,3viC.GR;ORY
Gcnsrnor
SUBJECT: Notice of Violation, and Assessment of Civil Penalty
fot Violations of'North Carolina.General Statute (G.S.)1.437215,1(a)(6)
'arid NPDE_S WW Permit No. NC -0087084
Town of Forest City
.Riverstone Industrial Park WWTP
Case No. LV -2016-0135
Rutherford County -
Dear Permittee:
D�eciof
PECEIVEDINCDEt DWR
AUG 3-1 2016
water Quality
permittin
This -letter transmits aN'otice of Violation and assessment of civil penalty in the amount of $462.94 ($354.00 civil penalty -I"
$112:94 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 Februar-0016. This review has shown thesubject facility to be in
violation of the discharge limitations anc %or -monitoring requirements found in NPDES WW Permit No. NC0087084. The
violations, which occurred in,Febtuary 20,16, 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 ofNPD,ES WW Permit No: NCO087084 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. 1,43-215.6A(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, ,j Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa,,NC 28778
828-296-4500

I°of the, 1. violations, of 143-215.1(a)(6), and Permit Iqo.NC0087.084, by discharging' -waste wator4nto
the waters of the State in violation of the Permit Monthly Average-, for TSS - Conc.
$109.0 '1 of the 1violafiong bf"143,-,2f,5.1(a)(6,),andPermiti4o".NC6697084, by discharging wastewater into
the waters of, the State in violdtionofthe?ermit Weekly Average for TSS.n,-Conc.
$350,.90, TOTAL CIVIL P19NALTV
S-1.12:94 Enforcement Co'st&
$462.94 TOTAL AMOUNT"DUP,
Pursuant to' G,S. 143-215..6A(d), in determining the amount of the',penalty I have taken into,apooptit-the Findings of_ eict and.
Conclusions sion of Law. and the factors, setTorth at. G.S. 143-13-2-8 . 1(b)
. - _ �2 ,which are:
('I) The degree- and extent, of harm, tojherig4r4l resources_ of the. State, to the pLiblie-health; 'or ta, private property
resulting from the violalliont,
(2) The aurationand gravity',pfthe violation;
(3) The effecvon grouqdor surfacewater quantity - or quality or,on air qudlity;
(4) The cost -of rectifying the; damage;
(S) The amount ofrn�
%6y saved by, honpoitpliande;
'V&eiher '.ffi,,e violation was eorhmittcd willfully or -intentionally;
V-) "The priorrecord�oftheviolator incomplying orfaili'ng,toco " with. programa over whichfhel�nvitonmental
mply
Manager,nent Commission has regulatory authority-, and
(8) The cost to the State of the -enforcement procedures.
Within'th*4' (30) days of Teceipt ofthi-s notice, you must do one .of the following-
-(j) Submit payment, of the, penalty., OR
20); Submit a written request for -remission, OR
,(3,) Submit a,,,%Tfftenr6questf
ot�,iii,adiftini§trafive'hearing
Op06nJ:. Subiihit,pavmentx,of,the�penalty:
Payment ayment should be made directly to the order of the'Departniont of. nviromfiental'Quality (do not include waiver
form
Payment.ofthe ppoalt'"iij qotf6redloge 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
Rildigh,,N , brth Carorina.27699-:1617

Option 2: 'S 'bmit 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 violations) occurred- or the accuracy of any of the factual statements contained in
the civil penaltyassessment ocument: -- ecause a remission request -forecloses -the option of an administrative earmg,
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 asemission re-quest'will be approved, the, following factors shall be considered:
(1) whether one or more of the civil penalty assessment factofs 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'eivil penalties for any previous violations; or
(5) whether ,paymentof 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 iri writing. The
Director of the Divisioin of Water.R.esources 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 furtherappeal of the penalty to the'Environmental*Management Commission's Committee on,CivilPenalty
Remi'ssi'ons (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 f Right to an Administrative Hearing, and Stipulation of Facts" form within thidy Q0) 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 (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 may be, filed, by fac's-imile (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 §15.OB-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: (919).431:-3000
Fax:. [phone]:00•
"One (1) copy of the petition must also be served on DEQ- as follows:
Mr. Sam M. Hayes, GeneralCounsel
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 (3 0) 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 thi"s assessment.
If you, have any•questions; please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or -via email [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: WQ-S Asheville. Regional Office - Enforcement File
NPDES Coriipliance/Enforcement Unit - Enforcement File
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016=0135 County,: Rutherford'
Assessed Party: Town of Forest City/ Riverstone
Permit No.: NCO087084 Amount Assessed: S461.94
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 requesrfor. 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 ofthe 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. §,1438-282A(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, asto why the
factor applies (attach additional pages as needed).
(a) ,one or more of -the civil penalty assessment factors in MC.G.S. 143•B -282.1(b) were- wrongfullyapplied to the
detriment of the, petitioner (the assessment factors are listed in the civil pericrlty assessment d6cunzent);
(b) the violator promptly -.abated' continuing environmental damage resulting from the violation (i.e•., explain the
.steps that you; tooklo, correct the violation and prevent future ,occurrences);
(o) the violation was inadvertent or-aresult of an,accident:(i.e., explain why the violation'was unavoidable or
spm, ething 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.perialty will prevent payment for the remaining necessaryremedial actions (i.e., explain
hoiv_ payinent of the civil penalty will prevent yort from performing the activities necessary to achieve
compliance).
EXPLANATION:
,1 .lee- a Ar -A

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
,
COUNTY OF RUTHERFORD
IN THE MATTER OFASSESSMENT } WAIVER'OF RIGHT TO AN,
OF CIVIL.PENALTIESAGAINST ) ADMINISTRATIVE,HEA.RINGAND
STIPULATION OF FACTS:
Town of Forest City. )
Riverstone Industrial Park WWTP }
PERMIT. NO. NC0087084 ) CASE.NO. L- V-2016-013'5
Having'been assessed civil penalties totaling $462.94 for violation(s). as, set forth in the assessment document of the Division
,of Water Resources dated July. 27, 2016, the undersigned, desiring to seek remission of the civil penalty; does hereby_ waive
the. right to an adrrtinistrative.hearing in the above -stated matter and does stipulate that the'fa6ts are as alleged in the
assessment document. The undersigned further understands'that all evidence presented in support of remission of this civil
penalty mast 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 axemission request will be,allowed after (3 0) days from -the receipt of the
notice of assessment.
This the day of
SIGNATURE
ADDRESS
3ox
TELEPHONE
I,Z

ATTACHMENT A
'Town of Forest City
CASE NUMBER:, LV -2016-0135
PERMIT: NC0087084 REGION: Asheville,
FACILITY: Riverstone Industrlial Park WWTP -COUNTY:- Rutherford
LIMIT VIOLATION'(S)
SAMPLE LOCATION: Outfaft 001 = Effluent
Violation
'Report
Unit of
Limit
.Calculated
% Over
Violation
Penalty
,Date
MonthNe
Parameter
Frequency
Measure
Value
Value
Limit
'Type
,Amount
2/27/20,16
2-2016
Solids., Total.
Weekly
rig/I
:45
64
42.2
Weekly
$100.00
Suspended -
Average-
, -Concentration
Exceeded
2/29/2016
2-2016
:Solids, Total
Weekly
mg/I
30
37
23.3
Monthly
$250.00
Suspended-
Average
Concen{ration.
'Exceeded

�,��o� Foaesr r
+
August 24, 2016
Town of Forest City
PO Box 728
Forest City, NC 28043
To: Wastewater Branch
Division of Water Resources
From: Jeff Dotson, Plant Superintendant
Town of Forest City, WWTP
Cc: John Condrey, City Manager
Sonny Penson, Chief Operator, ORC.
Subject: Remission Request/Justification
�0' SOF FOREST
+ ^ � •III I� +
E yOgTB C `'lyra
The Town of Forest City Riverstone WWTP began going through extreme changes from the
discharge of the Horsehead Corporation in December 2015. Plant staff experienced these
changes and fought upset conditions through May 2016 causing numerous Total Suspended
Solids violations. The new flow characteristics along with the heavy metals content that we had
already been experiencing was more than the SBR facility was designed to treat. The Horsehead
Corporation is now in idle mode as they have since filed Bankruptcy. During the time that the
Horsehead plant has been idle, the Forest City staff has worked tirelessly attempting to turn the
existing sludge in the SBR over to the point we could return to compliance. Numerous loads of
"good" sludge was hauled from the Forest City WWTP to the Riverstone plant with hopes of
reseeding and replacing the old sludge with a sludge that has a better source of bug activity.
Beginning in early June, the plant improved significantly and by the end of the month had
returned to full compliance. Toxicity testing along with suspended solids were both passed and
became compliant. At the present time, July and it appears August will also be in full compliance
with our NPDES Permit as well.
This response will be similar to previous responses sent in for TSS violations but we were
actually dealing with the same issues from December 2015 to March 2016. It then took plant
staff an additional two months making changes to eventually see and improvement.
We would like to request remission for the following Total Suspended Solids violations:
• 2/27/2016 Weekly
• 2/29/2016 Monthly
As always feel free to Contact me or Sonny Penson (ORC) with any questions or concerns.
Sincerely,
Jeff Dotson, Superintendant
PO Box 728 Forest City, NC 28043 Telephone: [phone] Fax [phone]
Email: [e-mail]