NC0026573_LV20160134_20160727

WalerResourca
VW VK0NMEftTAt OVALRY
Certified Mail # 7012 1010 0002 1965 6966
Return Receipt Requested
July 27, 2016
Mel S Cohen
City of Morganton
P O Box 3448
Morganton, NC 28655
PAT MCCRORY
clawnw
DONALD R. VAN D1✓R 'V'AART
.swermk
SUBJECT. Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G S ) 143-215.1(a)(6)
and NPDES WW Permit No. NCO026573
City of Morganton
Catawba River Pollution Control Facility WWTP
Case No LV -2016-0134
Burke County
Dear Permittee -
S. JAY ZIhfMERMAN
I1J4' y
RECEIVEMCDENWR
AUG 0 3 2016
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,112 94 ($1,000 00 civil penalty
+ $112 94 enforcement costs) against City of Morganton.
This assessment is based upon the following facts a review has been conducted of the discharge monitoring report (DMR)
submitted by City of Morganton for the month of February 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 NCO026573 The
violations, which occurred in February 2016, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that City of Morganton violated the terms, conditions or
requirements of NPDES WW Permit No NCO026573 and G S. 143-215.l(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 fmdmgs 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 City of
Morganton
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-2964500

$0.00 0 _of the 1 violations of 143-215 1(a)(6) and Permit No.NC0026573, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$500.00 1 of the 1 violations of 143-215 1(a)(6) and Permit No.NC0026573, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc.
$500.00 1 of the 1 violations of 143-215 l(a)(6) and Permit No.NC0026573, by discharging waste water into
the waters of the State in violation. of the Permit Weekly Average for TSS - Conc.
$0.00 0 of the 1 violations of 143-215 1(a)(6) and Permit No.NC0026573, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR.
$1,000.00 TOTAL, CIVIL PENALTY
$112.94 Enforcement Costs
$1,112.94 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

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) dqys 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 hearine with the Office of Administrative HeannEs:
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 in 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 § 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 [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/tune 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 [phone] or via email atjanet cantwell@ncdenr gov.
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
G`�t'K`.1YQ'.Burks:Wastsaatsfatunu•ipal'.�inr_anton %k XV -TP 26»3�.I_V <Olp_til.J rtP

JUSTIFICATION FOR REMISSION REQUEST
Case Number- LV -2016-0134
Assessed Party- City of Morganton
Permit No. NC0026573
County- Burke
Amount Assessed. $1,112.94
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 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 § 14313-282.1(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.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Morganton )
Catawba River Pollution Control Facility )
PERMIT NO NCO026573 ) CASE NO. LV -2016-0134
Having been assessed civil penalties totaling $1,112.94 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 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
City of Morganton
CASE NUMBER. LV -2016-0134
PERMIT
NCO026573
REGION Asheville
FACILITY
Catawba River Pollution Control Facility
COUNTY Burke
LIMIT VIOLATION(S)
SAMPLE LOCATION
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
2/6/2016
2-2016
BOD, 5 -Day (20 Deg
5 X week
mg/I
45
68.20
516
Weekly
$50000
C) - Concentration
Average
Exceeded
2/27/2016
2-2016
Coliform, Fecal MF,
5 X week
#/100ml
400
451 40
12.8
Weekly
$000
MFC Broth, 44.5 C
Geometric
Mean
Exceeded
2/6/2016
2-2016
Solids, Total
5 X week
mg/I
45
81.20
804
Weekly
$500.00
Suspended-
Average
Concentration
Exceeded
2/29/2016
2-2016
Solids, Total
5 X week
mg/I
30
3000
01
Monthly
$000
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: City of Morganton
Facility Name: Catawba River Pollution Control Facility WWTP
Permit Number- NCO026573
County: Burke
Case Number- LV -2016-0134
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 Weekly Average BOD exceeded the permit limit by 51.55 %.
One Weekly Geometric Mean Fecal exceeded the permit limit by 12.83%.
One Monthly Average TSS exceeded the permit limit by 0 12%
One Weekly Average TSS exceeded the permit limit by 80 44%.
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 has have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$112.94
ci:�-. Z -? 1 6
Date
G Landon Davidson, P G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO ® NCO, W6ufi FACILITYNAME Ca awbaRive
CERTIFIED LABORATORY (1)
(List additional l4oratotie�r, e:packside�page2-1
�
OPERATOR IN RESPONSIBLE:G-HARGE
PERSON(S) COLLECTING SAMPLES
CHECK BOX IF ORC HAS CH441AGEDC77
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES MAR 2 8 20
DIV OF WATER QUALITY
1617 MAIL SERVICE CENTER cei 4 l L' r
RALEIGH, NC 27699-1617 DWR SI C f I(
EFFLUENT i
DISCHARGE NO 001 MONTH February YEAR 2016
Control Facility CLASS IV COUNTY Burke
City of Morganton CERTIFICATION NO 204
' s foam.)
DRC) Tim Corpening GRADE IV CERTIFICATION NC 1001254
Lab Technician OR&PHONE (828) 438- ,75
A- NO FLOW / DI. GE FROM SITE*
x
(SIGN URE OF OPERAT R IN RESPONSIBLE CHARGE) DATE
I BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
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DWQ Form MR -1 (11/04),w 05- /� -

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"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 properly 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 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."
Brad Boris
Permittee (Please print or type)
Signature of Permittee***
(Required unless submitted electronically)
PO Box 3448 Morganton,NC 28680-3448 (828) 438 - 5285 [e-mail] 2/28/2015
Permittee Address Phone Number e-mail address Permit Expiration Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2) Blue Ridge Laboratories Inc. Certification No.
Certified Laboratory (3) Meritech, Inc. Certification No
Certified Laboratory (4) Certification No.
Certified Laboratory (5) Certification No
PARAMETER CODES
275
165
Parameter code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the units information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data
entered for all of the parameters on the DMR for the entire monitoring period,
ORC On Site? ORC must visit facility and document visitation of facility as required per 15A NCAC 8G 0204
Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 213 0506(b)(2)(D)

DMR ATTACHMENT
NPDES PERMIT NO NCO026573 DISCHARGE NO 001 MONTH February YEAR 2016
FACILITY NAME Catawba River. Pollution Control Facility CLASS (V COUNTYBurke
CERTIFIED LABORATORY City of Mordanton —CERTIFICATION NO 204
OPERATOR IN RESPONSIBLE CHARGE (ORC) Tim Corpening GRADE IV CERTIFICATION NO 1001254
PERSON(S) COLLECTING SAMPLES Lab Technician ORC PHONE _ [phone]
X
(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
The weekly violations of TSS and BOD were due to a steady amount of rainfall on February 3, 2016 which caused a hydraulic
overload on the treatment plant. All available tanks were put online to help handle the high volume of flow 6 . n this day
The hydraulic overload caused solids. to be washed out of the plant. After the rain subsided, the plant returned to normal flows.
We are under construction for the primary clarifier 2 which is estimated to be completed at the end of this month
We have a weekly fecal violation (2/22 - 2/26) due to draining and cleaning the primary clarifier on the same day that we
received a steady amount of rain, which caused hydraulic overloading at the the waste treatment plant, Again, every attempt
was made to mitigate the effects of the increased influent volume,
QC Failure. All data believed to be valid.
BOD
2/4/16 & 2/5/16 - Dilution water blank depleted >0.20 mg/L (0 40)
2/15/16 - 2/17/16 - Dilution water blank depleted >0.20 mg/L (0.27)
2/18/16 & 2/19/16 - Dilution water blank depleted >0.20 mg/L (0 41)
2/22/16 - 2/24/16 - Dilution water blank depleted >0.20 mg/L (0 48)
2/25/16 & 2/26/16 - Dilution water blank depleted >0.20 mg/L (0 50).

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