NC0087084_LV20160135_20160727

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Certified Mail # 7012:101.0 0002.1965 6973,
Return Reeciot Requested
July 27, 2016
John Condrey, City Manager
Town of Forest City
PO Box 728
Forest; City, NC ' ,M41-01,29,
RA—z R 0 R: -Y,
,Goverilor
SUBJECTS Notice of Violation. atid,Assessment of Civil Penalty
fof Violations. of 'North Qarolina. Genera f Statute (G.S.) 1-48-215L. l(4)(0)
-and NPDE.S: WV Permit No.. NC.0087084
Town:6f Forest Qity,
RiverstonQ, industrial Park 'WWTP
Case. No.'ILV-2016=0135
Rutherford County'
Dear—Permittee:
Y 2
RECEIVEDINCDEOMM
AUG 3.1 2010
water Quality
pern,-aitting Section
This letter transmits allotice.of Violation and assessment ofcivil penalty in the, amount, of,$462.04 ($350,0.0 civil penalty
$11.2;94 enforcement costs),against Town of -Forest City.
This assessment is based 'upon,ih0following facts: a review has been conducted of thedischarge monitoring report (DMR)
submitted by Town of Forest City for the month of February,1016. This review las shownthe, subj ect.,fkilfty to, be in
up "
violation of the-dischargei� limitations and/or monitoring � uirements found in NPDES WW Permit No. NCO68-lo.84. The
ons req
violations, which occurred ii,i,February 2016, are summarized `in Attachment Ato this letter.
Based'upontlid. above fadts;. I conclude as a, matter of taw- that Town of Forest City viJ P lated the terms,, conditions or
I
requirements.of NFI)E8W—WC
Permit NON 0087084 -and G.,S. 143-215,1(a)(6) in the manner and extent shown in,
Attachment A. ln,accbrdande with,, the maximums'establiffid ,e'by G.S. 141-2. . 15.6,A(d)(2)�- a civil penalty may be assessed
against any person who violdfO19 theAlernis conditions or requirements ofa permit requirdd'by G.S. 14MISJ(a).
Based upon. the above findings of, fact and conclusions o law, and accordance with f providedby,theSecretary
of the Department I 4- Environmental Quality And the .Directotofthe DivisionofWater Resources, 1, G. tatidon'Davids,on,
,.
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civilpenalty-assdssineiitz instTownof
Forest City,::
t
V y.:.
State pf North Carolina, .1 'Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swaftnanoa, NC 78778
828-29.6-4500

I--
$250-1.00 .1 'of the 1. viotatibifsof M-21,5. 21;5'.;1:(4)(6): and Permit lqo.NCO087084, by, discharging waste water"info
the waters of the Statp m_ I " violation of e Permit Monthly Average: T'SS_­ Cone
I the
$100.00 1. ofthe I violations of 143=21:5.1'(4)(6) andPe- it !4o.NCO697084, by discharging waste water into
rm
the wat6rsof the State in violdtion,ofthe Permit. Weekly Average for TSS-,,- Cone.
$35-0.00: TOTAL CIVIL PENALTY
51,12w94, Enforcement, Costs,
$462.94 TOTAL. AMOUNT'DUE,
Pursuant to'G.S. 143-215.(c
46A )jndeterrn Ming, the amount of the penalty, I have .taken into account the Findingsof Fact and
Conclusions of Law, and the factors, set: forthat- G.S. 143B-2­82J(b),which. are:
(1) The. degree- and extent of harm.to: the;natural resourco&of the- State, to the public,healthor-topAvate property
resulting from the violation.
(2) The duration,and gravity of. the Violatibin
3Thect, on
ground or surface water quantity or quality or on air quality;
(4). The cost otrectifying the . damag;
(5) The amount ofm - ­ - lance
money saved by hood in I
p
(6) Whetherthe violation- a
ibIxionwas committed willfully intentionally;
(7), 'The prior record of the violator in complying or., failin,g,jo comply with., programs over, which the Environmental
Management- Commission has regulatory autfiority;­and
(8) The cost to the State of the enforcement procedures,
Within thirty , 0) dkys.Ofreoeil of t' u d- ortedftheifollo following;
(3 receipt his,noweyouni
,(I) Submit payment, of the penalty, OR
(02)) Submit. a writtewreqqe'
st for -remission, OR
,(3) Submit a.wri,,tten..,,request -for ahadftiiiii§trat-ive�'.hearing
Opfiwl'A 80bhift payment.of 'the.. penalty-,
Payment should be made directly to the, older oUilioDdpattmefit ofEnvironmental "Quality (do -not include .waiver
form
Payment of the penalty, Will not foreclo,se further enforcement action for any continuing or new Violation(§).
P , lease submitpqy-ment to the, attention of -
Wastewater Branch
Dlv'i4orr of Water Resources
16,17 Mail Service Center
1W6igh,,,North Carotina.27699-1617

/Option
2: 'S bmit awritten,request for remissiofi.Qe iiifflgAti6iiinciludixig A detailed justification ,for ,suck
request*
Please be, aware that a roq
4pst -for remission'is limited to consideration ofthe five fictors listed, bejbwas they may
relate o,the r" reasonableness of the amount of thecivilpenalty assessed. Requesting remission is not the proper -
Won
procedurd f6rcoAtesting whether the violatioq(p) orgeurred.or the accuracy ofaqy of the factual statements in
contained 41 .. n
such a request. must be -accompanied by aw.aiver of yourrightto an administrative hearing and a stipulation, and
agreement that nofactual brlegal issues are indigpuie'. Please:prepare'a detailed statement, thatestd , bli . sties why you
believe the civil penalty,§h6uld be remitted, ..and submit it.to.the Diyisipn of Water Resourcesat.the address .1istedbelow.',
In, determining whether aremission request"Will be approved, f4efollowing factors shall be considered:
(1) whether one or more of the civil , -penaltyassesstiibnt.fodtots iflNCGS,143B-292.1(b,)Was wrongfully
applied: to the detriment. of the petitioner;
(2) whether
rthe violatory-
' I prompttabated continuing environmental -damage resulting from the: violation!
(3) Whether the violation was inadvertent or, a result of an. accident;.
(4) 'whether the. violatorhad been assessed civil penaltfles for any previous,- Violations; or
(5) Wlipth& payment. of the civilperialty will prevent payment for the remaining i ng necessary remedial actions;.
Please note that'.,I,11'evidence "presented in support of your request for remission must be:submitted ,:itiwriting. Th6
1),i'rector-6fthe will !review your evidence and inform you -of his, dec.ision in the matter.of
your remission request. The tespOnsow) p'It rovide details regarding1he case status, directions for payment, and
provision for further °appp-al of the penalty .to the'Erivir,'orimental Management Commission's Committee on, Civil Penalty
Remissions (Committee). Please, be advised, thatthe Committeecannot consider information that was)not -part of the
original remissi remission request considered b theNrectof. ThQref6rej0s,veryAr.n important that you prepare a,complete .:and
-Y P
ihpT.ough statement, in, support 'ofyour request for "remission.
In order to requestremission, you must complete and -siibftiit the enclosed ".Request for Remission of Civil Penalties,
Waiver of'Right to an AdrrfihistrativeEe�aring, and Stipulation of Eads" f6tffi within thirty (30)..days,of receipt ofthis.
notice. The Division of Water Resourcesalso requests that you comvkte, and submit, the enclosed "Justification.,for
Remission
-Request."
Both "forms should be, submitted to the, fallowing,address:
Wastewater Branch
Division of Water Resources
16-17 Mail Service Center
Raleigh, North Carolina 27699-1617

ftlift Dig a "oetition for an administraiivel-hearing'wfth- the Ofrice.0f..Administraiive.Hear4ino:
;If y0ti,wish.1 toiitdstany statement in the attached assessment:docurftent,yoii-giust file apetifipn for, an administrative
Bearing. V.'6ii,;tWobtain,,thepetition, formfromthe Office of AdmiMistrative Hbariogs, You must file, - the -petition- With
:the *Qffi'6e.6f.Adriiini,st-rative!4eariqgswithin .th'ir(y(30)days of xeceiptofthisnotic'e., Apetition ig-considered filed
when 'Itis febeived.in'the. Office: of Administrative Hearin* d al''offic hours;• The Office fAdministrativeJ
xTingnorm 10.
Hearings accepts filings °Morid4y,through Friday 'bet,w,certthe :hours of,$-.-0,0�,q.,aaid.5.00'p -ow
except r official state;
file (�Wijh restrictions) =provided
I"
h6lidays. The petition ,may�OeUpd,by facsimile (T, or electronic mail -,yran.,a#,cb ed
thesignedoriginal,he .signone (1) copy -and Afriling fee -(if a filing fee M required byNcOs',,§I 501343.2) IS: receivedin the.
Office
Of Administrative Bearings -within 'seven :'(7).'business:day-sfol!6wing the faxed w Zfectronictransmissi6n. .You
shouldt-,:contacthe Office: of Administrative; Hearings with all questions regarding . the.tiling fee;and/or the details,of the
'The, mailing address and telephone' and fax numbers fotthe Off ce.of Adiniaistrative Hearingsa 0
axe r � s: follows;;
Office -of Administrative Hearings
6714 ,Mail "Service Center
Raleigh, NC -27699'-6714,,
Tel: r (9,19); 411=Wo
,Fax-,,
One (1:) copy , Qfthe, petition must a'190 be served. on.DEQds follows:
Mr. Sam M. Hayes, General lCouns.elt
Department.of Environmentaly,
Quality
00I Mail Sovipo Center
Raleigh,
Please ',indicate, the P45p inumber .(asfowd on ,Page one of -this lottef)�onthe. paition­-,
Failure to :exercise, one of the options, above W­Jthin thirty letter, - I ' � by an internal`
(3 0). days, of receipt of this, le er, as evidended
datehime ,received stamp (riot eiveds '(no a, postmark), Will raWtin this,. matter b6migreferred-to t I heMtomey:6eneraTs --Office for;
collection. 04 f' thepenaltyf on
hwo" adiVf11 :action, Please "beadvised that additional penalties may, be assessed for -violations
that occur aftWth0TeVidW. Period bf-this, assessment.
If
you; have , quesfipjoase contact Janet Cantwell with the Division: of Water Resources staff 'of the Ashevile
IF(q9i0rkal Officelt (83) 29,64661;or,via email atjanet.cantwetl'-@'gcde,n,rgov,.
SIncerely.,
,G4 Landon Davidson,. P,.G,.-,_Regional Supervisor
Water Quality Regional11, Operations gectibfi
Asheville Regional Office
Division f kes6urd6s, N"CD.90,
n,o . ate~' W't"r
ATTACHMENTS
Cc-:EnforcementVik
z WWQ$`Ash.0WIf6',R' .Office
NI'DESC
6Mpaceffirtf
lid omamcat Unit - Enforcement
File
,
i,fo ��Va�
!�ci rd" AmAtO-AlunicipVTorest tNty' - rd

J J9,TV'ICATION FOR REMISSION REQUEST
Case Number: LV401,&0135 County.: Rutherford'
Assessed Party Town°of Forest City% Riverstone
Permit No,; NCO087084 Amount Assessed X462.94
Please use this form when, requesting remission of this civil penalty.. You -must also complete the "Request For Remission,
Waiver of Right to an Admiti'strative Hearing, anal-Slipulation of Facts",form to request remission of this civil penalty.
You should attach any documents th'at'you'believe support your request andare necessary --for the Director to consider in
evaluating your request'forremissioi. P.leas.e be aware that a request for remission is limited to consideration of the five
factors listedbelowAs they mayrelate"toahe: reasonableness of the amount oftha civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether "the violaf ions) occurred or the accuracy of any of the factual
statements.contained in the:civil penalty assessment document. Pursuant to N.C.G.S. §,143]1-282:1-(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 io 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 ofthe civil penalty assessment factors in. N.C'.G.S. 1.43B -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 (;e., explain, the
steps that -you took to correct -the violation and prevent fittzire :occitrrei.ices);
(c) the violation was inadvertent or a .result of an.accident (i.e., explain why the violation -was unavoidable or
something yo.0 could not prevent or prepare for);
(d) the=violator had not been assessed civil penalties for any, previous violations;,
(6) payment of the civil. penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payinent of the civil penalty. will prevent you.fro.in performing the activities necessary to achieve_
compliance).
EXPLANATION•
Sem ar�Ac�C�

STATE OF NORTH CAROLINA.
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT
OF CIVITENALMS AGAINST
T6wn of Forest City,
Riverstone Industrial. .Park ,W,WTIP
PERMIT NO.'X.C-00,910,84
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE
INISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0135
'Having been assessed civil penalties, totaling, $462.94 for violations) s; a set forth in the assessment document of the Division
of Water Resources: dated July 27,2016, the undersigned d ifin g to seek remission of the, civil penalty; does hefeby-waive
undersigned, ostri
the. right to: a administrative in Ta6 as alleged in the
n. the above -stated matter and does stipulate that, the'facts are " -
90
assessment document. Theundersigned further understands that all evidence Presented suppoi-t, in of remigsion.of this civil
"
peqqjtymti.st bestibmitted" to the Oirectof of the Division of Water Resmirces, within, thirty (30):daysof receiptofthe:notice-
of;f$sessrneAt, No now evidence in. support -6faremission request will be allowed. after (3-0) (lays from the receipt of the
notice Of assessment.
This, the C2% 44-1 day of
/41'r C? US 720
u
IT SIGNATURE
(17
ADDRESS
P0. 3 ox r 7 A�
CQ P j ,6 / M6,4t-V-3
TELEPHONE
&-,2&yg ->/-, - � I - z

ATTACHMENT A
Town of Forest City
CASE NUMBER:. LV -2016-0135
PERMIT: NC0:087084 REGION: Ashev'410e
FACILITY: Riverstone Industrial Park WWTP
LIMIT VIO.LATIO.N($)
SAMPLE LOCATION: O'utfall_001_= Effluent
COUNTY: Rutherford
Violation '
Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date
Month/Yr Parameter
Frequency
Measure
Value
Value
Limit
'Type
Amount
2/27/2016
2-2016 Solids, Total
Weekly
m'g/I
45
64
42.2
Weekly
$100.00
Suspended-
Concentration
Average
E,Xceeded
2/29/2016 -2-2016 :Solids, Total Weekly mg/I -30 37 213 Monthly $250:00
Suspended-
°Condentration.
Average
Exceeded

4'
F��pFFORBSTCfa�
+ +
��RTB CP.�A
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
Yppw
1'�oo@�pF FOR6STCI
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.
Sincerel ,
Jeff Dotson, Superintendant
PO Box 728 Forest City, NC 28043
Telephone: [phone] Fax [phone]
Email: [e-mail]