NC0087084_LM20160010_20160601

Certified MARA70124010 0002.1965517741;
Returii Rgeeipt Requested'
lohn,Condrey, City'Manag6i:
Town of Forest City
P-0 Box 728
Forest City, NC, 28043-0728
V,
Is_
PA M
Got ernaf
.June,O. 1, 21016 RECEIVEMCDEWWR
JUN 2 12016
Water Quality
Permitting section
SUBJECT: Notice of Vi6lati ' I and, A'sses '8ffient (if Civij.Penalty
ion ...
for Violations dNorth :Carolina, G'dii6talStatute -(G.8j,143-215. 1(d)(6).
-and NPDES WW Permit No. NC0,081084
Town ;ofForest City
Riverstone. Industrial Park. W,_ P
Case No: —L—M-2016-001O.'
Rutherford County
Dear Permittee:
This letter transmits, i N tico,of Violati ma. d tssessmenf, of civil penalty in i the amount of $582.93 ($469.00 -Civil penalty +
a. io
$113.93 enforcement: costs) agAiiistTown of Forest. City:,
This'assbssrnent is'bdsdj upon the, followingnsiaroy*e, h 'b riducted of discharge monitoring report (DW)
far i,w,.as eenco
submitted by Town of Forest City'fot the, ffiOnthbf Dikemh6r:201'5; This. -review has- shown the . subjectfitdilityt9lbein
violation of the discharge, limitations.- ari,d/or, monitoring requirements found in NPOES WW Permit -No. NCO08,7084. The
violations-, which occurred in Decem I ber.20.1'5,, ate 's.uTilffiarized- in AttachineiltAto this. letter.
'.Based upon the above:6ctsj conclude as,ti-mattetof lawthdt Town df'-Votost'City %',ioldted.-,thoterms, co.riditionslor
requirements ofNP , DES WW Permit Na. NOW.87094 and 6,.S. 148-24S. I if!th, 6 manner er and. extent shown in.
Attachment A.. In, accordance with the maximums established. by G.'s. -1,43-21 5.6A(a)(2), a: civil, penalty may 'b6, assessed
-against any person who violates the. terms, conditions orrequirements-of a permit required by G.S. 143-215A.(A).
Based.,upqrj the above findings of fact.and -conclusions of law, and ineccordance,with -authority provided bytha Secretary
ofthe'De -artme' of Environmental Quality , and the Director *of the Division of'Waterkesources,I G., Land Davidson;
P . Ot_ I . . 1. , .-, I on
R.5.,.IR6 iOnaSupervisor, Asheville Regional 1Offitelerebrnake the: following civil penalty assessment against Town of'
Forest :City:
Staf&.W-North Cat6fina, .1 Edvifbnfii6nta1,QOg1itY 1. Water Resources
2690 U.S. 70 Highway, SwaAnan.oaNC 28778
928-296-4506

$250.00 L; ofthe 1 violations .of 143-215.1(x)(6) and Permit No.NC0087084, by discharging waste water, into
the waters. of the State in violation of the Permit Monthly Average for TSS - Cone
$100.00 1 of the 2;violations of 143-21.5.1(a)(6) and Permit No,NC0.0.87084, by discharging waste water into
the waters of the State in violation of -the Permit Weekly Average forTSS -Cone.
$75.00 for,l of the 1 failures to properly monitor TOTAL N - Cone in violation of Permit No. NC00870.84.
:$44.00 for 1 of the 1 failures to properly monitor TOTAL P - Cone in violation of 'Perint No. NC0087084..
$469:00 TOTAL CMUPENALTY
$113:93 Enforcement Costs
$582.93 TOTAL.AMOUNTDUE
Pursuant-to-G.S. 1.43-215..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 -28.2:1(b), which are:
(1) The degree and extent bf 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 thel damage;
(5) The amount of money saved by noncompliance;
(6) Whether ther 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 thirty30 .of=recei t of this notice
( ) da s y p ,you must do oneof 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 tothe 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
16:17 Mail Service .Center
Raleigh; North Carolina 27699-161.7

Otition 2`c, ubm t' a written request for remission or mitigation including a detailed justification" foe 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,reasonab'leness,of-the amount of.the.civil penalty -assessed. Requesting remission:isnot the proper
procedure for contesting whether the violation(s) occurred or the accuracy of.any of the factual. statements contained in,
the civil Penaltyzssessment-document. Because a rem-ission;request forecloses the opfiion 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 statementthat establishes whyyou.
believe the'civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed'below.
Iii" deteftining whether, a remission request will be approved, the; following factors shall be considered:
(1J whether one or more ofthe civil,, penalty.assessment factors in NCGS 14313-282.1;(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 inadvei-tent,or a result of an accident;
(4). whether the violator had: been assessed civil; penalties for any previous violations;or
(5) whether payment.ofthe civil penalty will.preveni payment for -the remaining. necessary. remediaFactions.
Please; note that all evidence presented in supportof your request for remission,must be submitted in writing. The
Director, ofthe 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`regardiing the case status, directions for payment; and
provision. for further appeal ofthe penalty to the Environmental Management 'Commission's: Committee.on:Civil Penalty
Remissions (Committee). Please be advised. that the Committee cannot consider information�thatwas not part of the
-original remission request considered°'by the; DirectQr,:, Therefore, It is very important that you prepaoe a complete -and'
thorough-statement.in support. 'of"your:request forreniission.
In.order to request"remission;you.must:comp'lete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of.`Right to an Administrative. Hearing and Stipulation of Facts" form within thiM. Q O) days of receipt"of this
-notice: The Division of `Water Resources also requests that -you complete and submit the enclosed " Justif dation for
Remission Reauest."'
Both forms should'be submitted to the following address:
Wastewater"Branch
Division of Water Resources
1:6:17 Mail; Service. Center
Ralezgh, North:Carolina.27699-1617

,Option 3: File -a petition for an administrative heathmwith the Office of Administrative Hearings
If you wish to� contest any statement in the attached -assessment document:y_ou must filed 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 facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (l)` copy and a filing fee (fa filing fee is required by NCGS §,1.50$-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 re ag rding the f ling fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, "NC 27699=6714
Tel: (919) 73`3-2698
Faxi (91.9) 75,3-3478-
One
3,3-3478
One (1) copy of the petition must Also be served on DEQ as: follows:
Mr. Sam M. Hayes, General Counsel
Department ofEnvironmental 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 ofthe penalty through.a civil action. Please be advised that additional penalties maybe assessed for violations
'that occur afterthe review, period of this assessment.
If. you have any questions, please contact Janet Cantwell with'the Divisiori.of WatefR6s0urcds§taffof the Asheville
Regional Office -at [phone] or via email at [e-mail].
Sincerely,
G. Landon Davidson, P:G, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Off ce
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: ViWQS Asheville'Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit: -Enforcement File
C�.\VlttSV�JlliuthcrCordl(Pasu�catcA4lunicipaBFonm City -Rit%mion&M%1-2uI6-061o.a

JUSTIFICATIONTOR REMISSION REQUEST
Case Numlier: LM=201670010
Assessed Party: Town of Forest City
Permit No.i NCO087084
County: Rutherford
Amount Assessed: 5582.93
Please use this form when requesting remission of this civil penalty. You must also complete the "RequestFor'Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission ofthis 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 forremission is limited to consideration of the, five
factors listed:'below as they may relateto;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 penaltyassessment factors in N.C.G.S. 1438-282.1(b) were wrongfully applied to the
detriment ofthe petitioner (the assessmentfactors 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 arzd prevent future occurrences),•
a/ (c) the violation was. inadvertent or, -a result.of an accident (i. e., explain .why the violation was unavoidable or
soinething you could.not prevent or prepare for);
(d) the violator had not been,assessed civil penaltiesfor 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:
Se -e- a44iortaA 4ormcrionj

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT' ) WA.IVJER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEADING AND
STIPULATION OF FACTS:
Town of Forest City
Riverstone Industrial Park WWTP )
PERMIT NO, NCO087084 ) CASE NO., LM -201&0010 -
Having been assessed civil penalties totaling' $582:93 for'violation(s) asset forth in the assessment document of the Division
of Water Resources dated, lune .0-1, 2016; the-underS geed, desiring to seek .remission of the civitpenatty; 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 xemiss I ion request will be allowed after (30) days. from the receipt of -the
notice of assessment.
This the . l Li day of uh , 20
L,2z 1 0 / 4 0 __�
SIGNATURE.
ADDRESS
P © - B ox %olk
-a resp C-14:1. t1C �o �3
TELEPHONE
ri,-ZdSa/17

ATTACHMENT A
Town of Forest City
CASE NUMBER: LM -201.6-0010
PERMIT: NC0097084
FACILITY: Riverstone Industrial Park WWTP
LIMIT VIOLATION(S)
REGION: Asheville
COUNTY; Rutherford,
SAMPLE.LOCATION:
Outfall 001 - Effluent
Violation
Report.Unit
Violation
Report
Violation
Penalty
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
Month/Yr Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
12/12%2015
12-2015
Solids, Total
Weekly
mg/l
'45
53,
1T8
Weekly
$0.00
Frequency
$44.00
'Suspended -
P). - Concentration
Violation
Average
Concentration
Exceeded
12/26/2015
12-2015
Solids; Total
Weekly
mg/I
45
73
62.2
Weekly
$100.00
Suspended-
Average
Concentration
Exceeded
12/31/20.15
1:2-20.15
Solids., Total
Weekly
mg/i
30
64.40
1.14.7
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded
MONITORING 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
12'/31/2015
1'2-2015
Nitrogen, Total (as N) -
Semi --annually
mg/l
Frequency
$75.00
Concentration
Violation
12/31/2015
12-201.5
'Phosphorus, Total (as
Semi-annually
mg/I
Frequency
$44.00
P). - Concentration
Violation

Town of 'Forest -City'
PO Box 728
. . . . . . . -forest. City, NG. 2.8043
June 14,1016
T,4: Landon Davidson.
Regional Supervisor-, NCDENR
Asheville Regional Of fide
From:. SoMy'Penson
ORP,, f6rostCity W"
Cc John Condrey, Oity'M,-Aftager
Jeff Dotson, Plant Superintendent
Subject: Remission rNi- pest for Case -No.. LM20-16-0.01'0
AdditionalinformationfOr N0Y-2016!-1LV432-4
I
`W bavidsOftj
Vofeel `the response forTS$- violations jQ#Xq m9nihs, oftie.cembor 2 g,
ions,qpp um, 015 through
20:16., when Hors,ohe4d, operations were 'halted. The additional ;information. details an UP90t
condition that caused 'TSS non-compliance issues with the Town 'of Forest City's Riverstone'
Industrial Park -facility for thee dates ofi,
• I TSS, Violation
12112/2015'.w.eek
y
,61 12%26/2015 weekly, TSS violation
ation
• 12/3;1/2015 monthly, TSS violation
NOV 20146 LV 9324;
i. 01/02016wee
,,k1yTSS vilatio ion
• 0,1/16/""2�`­,0,16weekly ,,T_,SS violation.
weekly 604y TSS -Violation
• 01./30/2016 weekly TSS violation
• 01/311/2016monthly ,TSS violation
Numerous images have been emailed from lateDecember 2015 through jgnqay'2,016 to the
,
Asheville Regional Office; These imagesshowed ac anp n discharge characteristics -
associated with the: Hicks Grove LiftStation servitig.1ke: Horsehead Corporation. Heavy brown
were noted .on a continuous basis. Hoksohead rtpresenta�fiyes werenotified
discharge _111110
sch geand, f4aftiw
via -email;: text message; and. by phone. N&,change ':ih op ion was. reported:.On 0-1/0/ 016: a
grab .sample from tli6k.g*Grove . tio showed a zinc concentration at 1.1:0 .mg/L. OnD:112­1120,16,
SBR sludge was vastedto the, digester., and the first loads, of MLSS Was: hauled from Riverside
D hNe to Riverstone in an attempt to reseed' the: facility. Horsehead 'in early February '2016;
announced. idling, of the: plant.
op'.0 Box: 71.8 Forest,,C'Ity,,.NC' -!-'9.'0.43 Telephone ($28) 24:0.5217 Fax [phone]
Email address; s6nnypdffsoft townofforesteit .yqqm
Visit 61urvvebsite

Town of fbresvtitv
PO '15OX ' '72.
8
Forrest ,City, 'NC 28,043 yon �r
Two walkthroilih, inspections have been .conducted by "Forest City persoiv el. After plant idling
the industrial user Mit, application prooesg.Mit" g-th,o J q2, 2016
walkthrp. Horsehead
representatives :ttisdlbsed a manhole, :location inside a c+ontaififtidnit -area:. 'This' area, was :referred to
as the "Final Residue Pkes1Thedi
acen,t building near the m to'douses -plateand fame.
presses , .46rs6hoads tepk6sefitatives stated
that the sludge V6illd raft-, Ot:the door, into Nb'
'containment, area. 'R,-esiduqIs,.cpy.!erod the manhole during I'lit walkthro gh. This is a high, area
for oo1COMfe ;heavy metals, itifuttatiol.. It'is-thought the heavy metal's greatly t bi' our
biological process,. Also,, given this was; a pressed, sludge, this was -Z 'major. contributor" to
'
addition the heavy; solids entering the :sanitdr-y' --s -d
pumped to the Riverstone TP
�durihg,'the,lmonth,otD.e,cember-and.continu"ing, through operations Ceasing in early March
Sludge, wasting `has remained. steady to remove, the metal laden. sludge :from the SBR. and, MLS! '
from. BveTsjae-- D - has, b0­04� hauled 000 . 4)o
activity the :Riverstone
WWTP. We we!.have: nade,.gainsas- our. 'toxicity passed inJune ,2016,.and TSS 'is greatly
improved:;
Town of dispute `the"failure J6 monitor violations.f These
sampling levents,werp,
'accidentallymissed during, the six month period._ To correct this -oversight
we; have "AddedTN and TP �ffiohitotftig to.be; performed in conjunction. with .RiverstoneVWP
Lo Tenn'� Monitoring :sampling:1-- , ferl.. basis.
.09qn quarterly
Penson
QK' forest, City WWTP.
Endosures (I)'
PO', Box,, t 728V'orest'CIiZ48-5217`Far'(R-8) 2471626
Email
Telephone
Eniait Addiresk [e-mail]
Visit-.our.,webste
-wvrwiowriofforeste tyi tom

PAR
PROMPT-ACOU RATE- RELIABLE
LABORATOIU:ES, INC
NVW%V.PARtA13S.0O3Nt
REPORT OF ANALYSES
Attn: JEFF DOTSON
TOWN OF FOREST CITY
PO BOX 728
FOREST CITY, NC 28043 -
PROJECT NAME.: FEB 16
DATE: 02/26/16
SAMPLE NUMBER- 122231
SAMPLE ID-
FC NICKS GROVE
SAMPLE MATRIX- WW
DATE SAMPLED- 01/19/16
TIME SAMPLED- 1055
DATE RECEIVED- 02/05/16
SAMPLER- SP
RECEIVED BY- DJ
TIME RECEIVED- 1.400
DELIVERED
BY- TB
TYPE SAMPLE- Grab
Page I of 1
ANALYSTS
ANALYSIS
METHOD
DATE
TIME
BY
RESULT
UNITS
,OIL &.GREASE
EPA
1664
02/09/16
1315
CT
8
mg/L
SILVER, TOTAL
EPA
200.7
02/10/16.
1234
CT
< 0.003
Mg/L
ARSENIC, TOTAL
EPA
200.7
02/24/16
0840
LM
< 0.005
mg/L
CADMIUM, TOTAL
EPA
200.7
02/09/16
1024
CT
0.781
mg/L
CHROMIUM, TOTAL
EPA
200.7
02/24/16
0840
LM
0.0302
mg/L
COPPER, TOTAL
EPA
200.7
02/09/16
1423
CT
0.211
mg/L
MERCURY, TOTAL
EPA
245.2
02/15/16
1110
JL
< 0.0002
mg/L
MOLYBDENUM, TOTAL
EPA
200.7
02/24/16
0.840
LM
< 0..020
mg/t
NICKEL, TOTAL
EPA
200.7
02/24/16
0840
LM
0.0357
Mg/L
LEAD, TOTAL
EPA
200.7
02/24/16
0840
LM
1.150
'.Mg/L
SELENTIUM, TOTAL
EPA
200.7
02/24/16
0840
LM
< 0.150
-IP9/L
ZINC, TOTAL
EPA
200.7
02/11/16
0958
CT
11'0
mg/L
LABORATORY DIRECTO'l -;0—
P.O. Box 411483 - Charlotte; NIC 28241-1483
Phone: (704) 588-'8333 - Fax. [phone]

•:jj0Z'0Rtf5,;INC
rrut taY,as. dtw,tt�,
Phone [phone]
•
Fax [phone] -
www,parlabs,com
Field Preserved:, Yes No_Teflon LitwiZero Headspace: Yes
Shipping:
Mailing.
2217 Graham Park Drive
PO Box,411483
Charlotte, NC 28273
Charlotte, NC 28241-1483
...... nw-I ih.rr A micumatlnn tW texnrd+d on elub Chan of Custodvdocument for acceptance t,y PAR Laboratora's, lie, anthe North
.nYnrt.. Unr:utna:nt ri1 rnwronnuintal3nd Niturat Resources,
natyses
�'arnpany Nam+ (billing)
Comments/ Special lnstructiolls
Town of Forest City
PO Box 728
a .. State & zip code
Forest City, NI E3_
1w, Of Contact rt Tetept*i-je Number
Jeff Dotson .[phone]
sample _
'rcen By; SIGNATURE
DDIAITcn
OIL
5'16A4, c1`19tAz,,�,.
ARE SAMPLES FOR STATE or trA tttruKimur
«b rlty
Surriple Type: DW a_ WW X GWMW . HW
Soil Other
Sample Temp at time of sampling: °
C Sample Temp upon receipt; ° C ~�
Field Preserved:, Yes No_Teflon LitwiZero Headspace: Yes
No nfa
HY�idual Chlorine checked at time ofsampling (YIN):
_
Dechlorination Necessary (ift:
�' �•'rnt,tt: ID, i
Set UP Collection
natyses
i ,,,,,,tton e Number) Comp Grab 1 Preserv.
Date/Time Datefrime
equested
� �Jf�
�S
�'s'(,'rsrr� ►�
e t l
'
Date)Ti•me Received by:
.,,t tkr DaterTert� Received,
v 3
s =sstr JGra W-Dnnkino WatrrWW=WaetewaterGWMW=Groundwater
Sar Gtrter Side
Daterrinte
�,Z _dSS
Well 14W = Hazardous V4

Horsehead Corporation — Mooresboro facility Google Earth Image 10/2015
Inserted line indicates approximate location of containment boundary at road.
Manhole #3 located inside sump/spill area
• Area next to manhole #3 referred to as Final Residue Press and houses plate and frame presses..
Forest City operators were told has not operated correctly for some time. Pressed sludge runs
out door into containment area. During June 2^d walkthrough/inspection some trace residulas
were noticed on top of manhole cover. We were told this sludge would be high in metals
concentration. We believe this is culprit for excessive solids violations taking place at Riverstone
WWTP from December 2015 till Horsehead facility idle begin March 2016.