NC0020401_NOD-2018-DV-0013_20180521

s
Water Resources
Environmental Quality
21 May 2018
CERTIFIED MAIL #: 70161370 0000 2595 8051
RETURN RECEIPT REQUESTED:
Mr. Shawn Pennell
Assistant Public Services Director/Utilities
City of Hickory
Post Office Box 398
Hickory, North Carolina 28603
Dear Mr. Pennell:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Notice of Deficiency
Violation of G.S. 143-215.1(a)
Unpermitted Discharge of Wastewater
City of Hickory/Northeast WWTP
NPDES Permit No. NCO020401
Tracking #: NOD -2018 -DV -0013
Catawba County
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environmental Quality to protect and
preserve the water resources of the State. The Division of Water Resources (DWR) has the delegated
authority to enforce adopted water pollution control rules and regulations.
On April 25, 2018, City of Hickory reported to this Office that approximately 850 gallons of
partially treated wastewater was discharged into Falling Creek from the City of Hickory/Northeast WWTP
earlier on April 25, 2018. The City of Hickory's follow-up written report (5 -day Bypass Report Form)
attributed the bypass at the WWTP's influent pump station to an electrical failure (high level float) and high
influent flows due to heavy rainfall (over three inches). The City of Hickory had not applied for or secured
a permit to discharge the partially treated wastewater at the influent pump station from the Division.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1(a). Penalties may also be assessed for any damage to the surface waters
of the State that may result from the unpermitted discharge.
It is requested that a written response be submitted to this Office by June 8, 2018, detailing the
City's actions to prevent the recurrence of any discharges of partially treated wastewater at the Northeast
WWTP. In responding, please address your comments to Mr. Wes Bell.
State of North Carolina I Environmental Quality) Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 310 1 Mooresville, North Carolina 28115
704-663-1699

Mr. Shawn Pennell
Page Two
21 May 2018
Should you have any questions concerning this report, please do not hesitate to contact Mr. Bell
at [phone], or via email at wes.bellgncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ