NC0026573_LV20170221_20170717

woterRe urc -
WMOriOfiPk�rACWALtTY
Certified Mail # 7016 1370 0001 6571 8904
Return Receipt Requested
July 17, 2017
Ronnie Thompson
City of Morganton
305 E Union St
Morganton, NC 28655
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 -2017-0221
Burke County
Dear Permittee
ROY COOPER
90*ftor
MICHAEL S. MEGAN
S�Icmtdrr
S. JAY Z[MME(tMAN
mor
RECEIVEMCDEWWR
JUL 21 2017
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $5,116 62 ($5,000 00 civil penalty
+ $116 62 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 April 2017 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 April 2017, 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 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 City of
Morganton
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$1,50000 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 Monthly Average for BOD - Conc.
$1,500.00 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 Monthly Average for TSS - Conc.
$1,000.00 2 of the 2 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
$1,000.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.N00026573, by discharging waste water into
the waters of the State in violation of the Pennit Weekly Average for TSS - Conc
$5,000 00 TOTAL CIVIL PENALTY
$116 62 Enforcement Costs
$5,116.62 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 thgty(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 (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 ele3tronic 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 filmg 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. William F Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Cen-Ler
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 [e-mail].
Sincerely,
G Landon Davidson, P.G., Regional Supe icor
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 iN+R+WQ�Burke\Wastewnterti\fur.+upnli\Iorg;utten LVW PP 2657 i`LV-2017-0221 at

t
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0221
Assessed Party: City of Morganton
Permit No.: NC0026573
County: Burke
Amount Assessed: $5,116.62
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 (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
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Morganton
Catawba River Pollution Control Facility
PERMIT NO. NCO026573
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0221
Having been assessed civil penalties totaling $5,116.62 for vid_ation(s) as set forth in the assessment document of the
Division of Water Resources dated July 17, 2017, 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
City of Morganton
CASE NUMBER: LV -2017-0221
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
Month/Yr
Parameter
Frequency Measure
Value
Value
Limit
Type
Amount
4/8/2017
4-2017
BOD, 5 -Day (20 Deg
5 X week mg/I
45
6860
525
Weekly
$50000
C) - Concentration
Average
Exceeded
4/29/2017
4-2017
BOD, 5 -Day (20 Deg
5 X week mg/I
45
12980
1884
Weekly
$50000
C) - Concentration
Average
Exceeded
4/30/2017
4-2017
BOD, 5 -Day (20 Deg
5 X week mg/I
30
5520
83 8
Monthly
$1,50000
C) - Concentration
Average
Exceeded
4/8/2017
4-2017
Solids, Total
5 X week mg/I
45
7900
755
Weekly
$50000
Suspended-
Average
Concentration
Exceeded
4/29/2017
4-2017
Solids, Total
5 X week mg/I
45
15350
241 1
Weekly
$50000
Suspended-
Average
Concentration
Exceeded
4/30/2017
4-2017
Solids, Total
5 X week mg/I
30
6420
1141
Monthly
$1,50000
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 -2017-0221
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources ofthe 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;
Two Weekly Average BODS exceeded the permit limit by 52.48% & 188.44%.
One Monthly Average BOD exceeded the permit limit by 83.84%.
Two Weekly Average TSSs exceeded the permit limit by 75.46% & 241.06%.
One Monthly _Avera Average TSS exceeded the permit limit by 114.07%.
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 is unknown.
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 been one civil penalty enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
. s I -�- . 0 -
Date -
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

yip-/+-'/��,/
/z -1 pit.
ABPIIOH –uoITT—AON=AVCII'IOH `AMA ON=1AUMON`IaTgeamasiaAPV–U01MISTAON=-dHLA1ANH `ajofooWosna�j-&ojgON=aSRZI3NA uosma Surgob'd ON ****
£9
T
S
0
E7
0
b9
85T
LEZ mnm-Wsml
7 6
00056Z
5L9
L Z
659
OE
69
9 TZ
ZT 61 mnm4roNA1(vQ
891£908
IZ8990ET
E90TZZ 79
6LSI££0
Z£9ZST S5
7
E9Z90061
L995085 aBu.Avxm.ow
OOZ
0E
91
OE
s 4lMn02U9AVSjMa0 y
8T E
OE
86 Z
6z
7T
i
S
9 0
S 4
OZ >
99
4 OZ
9 4
A
7Z
COLO
7Z
0060
sz
6 L
I
9 9
6 0
Z S
t
OZ>
8 9
T OZ
599
A
7Z
COLO
7Z
0060
Lz
6 L
I
8L
9 0
E8
OZ >
99
961
£0 L
A
4Z
COLO
4Z
0060
9z
£ 8
I
4L
S I
ZL -
OZ
9 9
Z 8T
96
A
4Z
COLO
7Z
0060
sz
E9
000562
SL9
S 0>
655
OZ>
L 9
7 LI
ZI 6T
A
7Z
COLO
4Z
0060
tz
L
Ez
£Z E
zz
9 L
Z
C9
50>
15
OZ>
8 9
9 TZ
ZT S
A
7Z
COLO
7Z
0060
TZ
8 L
T
99
90>
7 9
OE
6 9
8 OZ
66 7
A
7Z
COLO
7Z
0060
oz
6 L
87
8 5
90>
Z9
OZ>
6 9
S OZ
Z8 7
A
7Z
COLO
K
0060
6T
6 L
Z
9 9
90>
L
OZ >
6 9
9 OZ
LO S
A
7Z
OOLO
7Z
0060
si
5 8
L
L S
90>
9
OZ>
9 9
61
S
A
7Z
COLO
4Z
0060
LT
LE Z
91
7S Z
ST
H
A
H
H
H
H
H
H
£L f
6T
8
T
C9
50>1
99
OZ>
L 9
1 OZ
919
ET
7Z
COLO
7Z
0060
Ei
8
E
119
S O>
9 L
OZ >
8 9
8 61
919
E{
7Z
COLO
7Z
0060
z[
Es
8
8
90>
LL
OZ>
89
z 8
ISS
A
4Z
COLO
7Z
0060
TT
76
S
79
50>
E7
OZ>
79
851
9L
A
7Z
COLO
4Z
0060
oT
L6 E
6
90 7
8
7 8
967
TT
S 0>
98
OZ>
9 9
8 91
E9 S
A
7Z
COLO
7Z
0060
L
6 L
OOL6
85T
50>
S9
9Z
8 9
L 8T
ZZ ZI
A
7Z
COLO
7Z
0060
9
E 8
91
88
50>
V8
OZ >
9 9
9 81
69
A
7Z
00LO
7Z
0060
5
Z 8
OZZ
902
L Z
79Z
OZ>
L 9
8 LT
68 L
A
7Z
COLO
7Z
0060
6
L 8
Z
ZT
/ 50>
Z'L
T
OZ>
99
£ LI
E96
A
7Z
COLO
7Z
0060
E
LZ E
z
61 E
T
Vdm
POOR I
TA-
V8n
ns
a Bap
P81a MA
uH
Vop 0062
ssH
r�or, 00n
00
WE)
xaom X S
OOE00
Y0:170021
gain
>jaaM X S
9191E
o0 - ssl
aTtsodmoo
-pam X 9
OESO� '
moo - N £HT1
aTtsodmo�
1(aam X S
OT900
o0 - oir
aTtsodmoz)
$aaM X S
y
C
fig, MOD
aNMO'IHJ
qs-r�
X S
09005
Ha
gtaD
3joaM X S
00600
O-awal
qmD
-loam X 5
OT000
MOU o
Tapaoaag b
a
snonm1wo w�
p
S
05005
p
n
•�
H
s
ti
ro
9
6
°
e
H
e
H
e
O
\l/_1
Ou :*5FO2IVIasIQ Ota ioo :•OSI 2[-DxVHasii[ LN2[fl'I335[:NOI,LV3oZ -DNU'IJWVS
p0ssa00.Td :Saj,vjS
t75ZI00I :2HagWaK MoD 02-0
Wfjna MIL MOD
-FAVV :Sfuvis ,LEKaad
0 I :NOISRHA
ON : QaONVHO SYR 02I0
OuTuacbOD uausAA, tfTUII1 l :OHO
(LTOZ IudV) LIOZ-b0 :QORIad 2IIAIQa
t-jwm'aQ' aD
uOjus2.l0wJ0 6jT0 :M'N -damm0
6jTITo23
7-A1m :SSv9D TOSjuOo TIOTIUIIOd.IOATa BCIMBjvD :3wvM 2k.LP10V3
0 S :NOI aA IHATHU £L59Z000N :'ON J.EVZ iad n([JN
4

NPDES PERMIT NO.: NCO026573
FACILITY NAME: Catawba River Pollution Control
Facility
OWNER NAME: City of Morganton
GRADE: WW -4
eDMR PERIOD: 04-2017 (April 2017)
PERMIT VERSION: 5 0
CLASS: WW -4
ORC: Tummy Warren Corpenmg
ORC HAS CHANGED. No
VERSION: 10
PERMIT STATUS: Active
COUNTY: Burke
ORC CERT NUMBER: 1001254
STATUS: Processed
Report Comments:
During the first week of April 2017, we experienced high amounts of rata that caused solids to be washed out of the wastewater treatment plant We had two days during the first
week of April (4/4 and 4/5), with high TSS and BOD in our effluent The plant continued to operate normally after two days of hydraulic overload On Monday, April 24th and
Tuesday 25th, the facility experienced another rain event causing violations of TSS and BOD Operators used all available tanks in a timely manner to try avoiding any violations
of our effluent pemut The ram continued and we operated the Waste Treatment Facility to the best of ours capabilities The Waste Plant did not experience any further problems
after this ram event The ORC contacted Linda Wiggs from NCDENR to inform her of these violations
Failures - All data believed to be valid
BOD
4/3 - 4/5 GGA check<167 5 (156)
4/10 - 4/12 GGA check<167 5 (166)
4/17 - 4/19 GGA check<167 5 (158)
4/24 All Influent dilutions used <2 00 mg/L
Fecal Coliform
4/7 1 fecal colony on after blank

11IMP; 14fk IM -7
GALmMI'MAidg.on'J-� - -
-n Z Ow
M, P-im
ig
, W�
IS
i )kMoWfiam NOV46-1142,V,44
Dear Mr. D"'- s,04,
5
g
I -M
R
A 'COMM-A-h-
Pr
M
-44��A -14, MA -1-4- I vmc-a* ftwfiv, M �k 4
mp4
,gate,
ve
pu
t, online, t -a * h(j _jy �y+O{^t
WMadvMM
_t4hcd-w0l"w - I-
rljn C*p�CO6�t ftCT'WW' 4pogIb
or -6f our
iw v "miggio
rf thm a%---,PjkY-qu-
Sit*
T30.
BiW
thataboso"-
,r,p
,releoboue 044,37,1963 395 Eattuaoa-st 'qp
N C 24494-3-44,9-
mWA 2*651'$ Morg