NC0024236_LV-2023-0131_20230503

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Kinston
Facility Name: Johnnie Mosley Regional WRF
Permit Number: NCO024236
County: Lenoir
Case Number: LV-2023-0131
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;
Unknown. No documented fish kills or health risks. Total Suspended Solids could cause Water Quality Standard violations.
2) The duration and gravity of the violation;
The facility experienced increased flow and started losing solids on February 12, 2023. The facility had to bypass the
Denitrification filters due to the loss of solids. The Denitrification filters were bypassed from 12:00 PM on February 12,
2023 through 12:42 PM on February 16, 2023.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown. Total Suspended Solids limit violations could cause Water Quality Standard violations.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
No. The facility states they experienced high flows and the Operator failed to monitor the filters properly and the filter bed
clogged.
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
The facility received Four Civil Penalty assessments over the previous Twelve months and Eight Civil Penalty
assessments over the previous Five Years.
8) The cost to the State of the enforcement procedures.
$151.26
5/3/202 3 RoZ T,O."
Date Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Cavernar
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 1670 0000 9974 3049
Return Receipt Requested
Tony Sears, City Manager
City of Kinston
PO Drawer 339
Kinston, NC 28502-0251
stnre�
NORTH CAROLINA
Environmental Quality
May 02, 2023
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. NCO024236
City of Kinston
Johnnie Mosley Regional WRF
Case No. LV-2023-0131
Lenoir County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $6,151.26 ($6,000.00 civil
penalty + $151.26 enforcement costs) against City of Kinston.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by City of Kinston for the month of February 2023. 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. NC0024236. The
violations, which occurred in February 2023, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Kinston violated the terms, conditions or
requirements of NPDES WW Permit No. NCO024236 and G.S. 143 -215. 1 (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).
North Carolina Pep rrm recf En lro—r lQaallty l Piol,gnofWaler R:sources
D_E W hing an Psgbnal Ill 1948 Washinglon 5gvare Mall l Washincil North Cardila M89
252.946.6481

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, Robert
Tankard, Assistant Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment
against City of Kinston:
$4,500.00 1 of 1 violations of G.S. 143-215.l(a)(6) and Permit No. NC0024236, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Solids, Total Suspended
- Concentration
$1,500.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0024236, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Solids, Total Suspended
- Concentration
$6,000.00 TOTAL CIVIL PENALTY
$151.26 Enforcement Costs
$6,151.26 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) dgys 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 (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.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 (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 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:
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 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/time 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 Robbie Bullock with the Division of Water Resources staff of the Washington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Z46vx T.sa,"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0131 County: Lenoir
Assessed Party: City of Kinston
Permit No.: NC0024236 Amount Assessed: $6,151.26
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 DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF LENOIR
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Kinston )
Johnnie Mosley Regional WRIT )
PERMIT NO. NCO024236 ) CASE NO. LV-2023-0131
Having been assessed civil penalties totaling $6,151.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated May 02, 2023, 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 120
TELEPHONE

ATTACHMENT A
City of Kinston
CASE NUMBER: LV-2023-0131
PERMIT:
NCO024236
REGION:
Washington
FACILITY:
Johnnie Mosley Regional WRF
COUNTY:
Lenoir
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
2/18/2023
2-2023 Solids, Total 5 X week
mg/I
45
439.63 877.0
Weekly
$1,500.00
Suspended-
Average
Concentration
Exceeded
2/28/2023
2-2023 Solids, Total 5 X week
mg/I
30
125.61 318.7
Monthly
$4,500.00
Suspended-
Average
Concentration
Exceeded

NPDES Civil Penalty
Basic Information
Penalty Information
Facility Owner
Facility Name
Permit Number
County
Case Number
Stream Class
Summer 7Q10
Winter 7Q10
Design Flow (MGD)
Average Flow (month) MGD
Monitoring Report Month(s)
Date Assessed
Factor Page Supervisor Signature Name
Factor Page Supervisor Title
City of Kinston
Johnnie Mosley Regional WRF
NC0024236
Lenoir
LV-2023-0131
C;NSW
283
292
11.85
4.79
February-23
5/2/2023
Robert Tankard
jAssistant Regional Supervisor
CO or RO other Contact lRobbie Bullock
Other Comments
Limit Violations
Parameter 1
Parameter 2
Parameter 3
Parameter 4
Parameter 5
Parameter 6
Limit Violation Total $ -
Non -Limit Violation Total $ -
Violation Total $ -
Non Limit Violations
Violation 1
Violation 2
Violation 3
Violation 4
Violation 5
Violation 6
$6334f8d0e4aO$C5789643D8B2460ABC981COF97B2CEOE.xlsx 1of18 5/3/2023

NPDES Limit Violations
Base P
Average Flow month
< 0.025 MGD
> 0.025 MGD but <0.05
> 0.05 MGD but < 0.1 MGD
> 0.1 MGD but < 0.5 MGD
>0.5MGD but <1.0MGD
> 1.0 MGD but < 10 MGD
> 10 MGD
Averaae Flow (month)
< 0.025 MGD
> 0.025 MGD but <0.05
> 0.05 MGD but < 0.1 MGD
> 0.1 MGD but < 0.5 MGD
>0.5MGD but <1.0MGD
> 1.0 MGD but < 10 MGD
> 10 MGD
Average Flow ( month)
< 0.025 MGD
> 0.025 MGD but <0.05
> 0.05 MGD but < 0.1 MGD
> 0.1 MGD but < 0.5 MGD
> 0.5 MGD but < 1.0 MGD
> 1.0 MGD but < 10 MGD
> 10 MGD
Monthly Average
Guidance
Range
Mid -Point
0-500
$250
0-500
$250
0-1000
$500
0-1500
$750
0-2000
$1,000
0-3000
$1,500
0-4000
$2,000
Weekly Average
Guidance
Range Mid -Point
0-200
$100
0-200
$100
0-500
$250
0-500
$250
0-500
$250
0-1000
$500
0-1000
$500
Daily Maximum
Guidance
Range
Mid -Point
0-200
$100
0-200
$100
0-200
$100
0-500
$250
0-500
$250
0-500
$250
0-500
$250
Assigned Base Penalty for each Parameter
TSS
Parameter 2
Parameter 3
Max per NCGS 143- Violation Violation Base Violation
215.6A Base Penalty Quantity Base Penalty Quantity Penalty Quantity
$25,000 1 $1,500.001 $1.00
$25,000
$25,000
$25,000
$25,000
$25,000
$25,000
Parameter 1 Parameter 2
Base Total $1,500.00 Base Total
Parameter 3
$0.00 Base Total $0.00
Max per NCGS 143- Violation Violation Base Violation
215.6A Base Penalty Quantity Base Penalty Quantity Penalty Quantity
$25,000 $500.001 1.00
$25,000
$25,000
$25,000
$25,000 Parameter 1 Parameter 2
$25,000 Base Total $500.00 Base Total
$25,000
Max per NCGS 143-
215.6A
$25,000
$25,000
$25,000
$25,000
$25,000
$25,000
$25,000
Violation
Base Penalty Quantity
Parameter 3
$0.001 Base Total I$0.00
Violation
Base Penalty Quantity
Base Violation
Penalty Quantity
Parameter 1 Parameter 2 Parameter 3
Base Total $0.00 Base Total $0.001 Base Total
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NPDES Limit Violations
Parameter 4
Parameter 5
Parameter 6
Base Penalty
Base
Penalty
Parameter 4
Base Total
Violation
Quantity
$0.00
Base Penalty
Parameter 5
Base Total
Violation
Quantity
$0.00
Base
Penalty
Parameter 6
Base Total
Violation
Quantity
$0.00
Monthly Sum
$1,500.00
Base
Penalty
Parameter 4
Base Total
Violation
Quantity
$0.00
Base Penalty
Parameter 5
Base Total
Violation
Quantity
$0.00
Base
Penalty
Parameter 6
Base Total
Violation
Quantity
$0.00
Weekly Sum
$500.00
Base
Penalty
Parameter 4
Base Total
Violation
Quantity
$0.00
Base Penalty
Parameter 5
Base Total
Violation
Quantity
$0.00
Base
Penalty
Parameter 6
Base Total
Violation
Quantity
$0.00
Daily Sum
$0.00
Factor I
Extent (Magnitude)
Assigned
% IWC
IWC Factor
Factor
<25
0.00
0.00
26-75
0.04
>75
0.08
Assigned
% IWC
IWC Factor
Factor
<25
0.00
0.00
26-75
0.04
>75
0.08
Assigned
% IWC
IWC Factor
Factor
<25
0.00
0.00
26-75
0.04
>75
0.08
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NPDES Limit Violations
Factor 2
Gravity
Monthly
Extent
% Over Limit
Factor
0-49
0.00
50-99
0.50
100+
1.00
Weekly
Extent
% Over Limit
Factor
0-49
0.00
50-99
0.50
100+
1.00
Daily
Extent
% Over Limit
Factor
0-49
0.00
50-99
0.50
100+
1.00
TSS
Assigned
Quantity Factor Product
1 1 1.0
0.0
0.0
Parameter 1 Sum 1.0
Assigned
Quantity Factor Product
11
11
Parameter 1 Sum 1.0
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 1 Sum 0.0
Parameter 2
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 2 Sum
Assigned
Quantity Factor Product
11
-- 11
-- 11
Parameter 2 Sum 0.0
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 2 Sum 0.0
Parameter 3
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 3 Sum
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 3 Sum 0.0
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 3 Sum 0.0
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NPDES Limit Violations
Parameter 4
Assigned
Quantity Factor Product
11
Parameter 4 Sum
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 4 Sum 0.0
Assigned
Quantity Factor Product
11
Parameter 4 Sum 0.0
Parameter 5
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 5 Sum
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 5 Sum 0.0
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 5 Sum 0.0
Parameter 6
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 6 Sum
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 6 Sum 0.0
Assigned
Quantity Factor Product
0.0
0.0
0.0
Parameter 6 Sum 0.0
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NPDES Limit Violations
Factor(s) 3
Effect on Water Quality or Quantity
Assigned
Damage
Assigned
Stream Classification
Stream Factor
Factor
Env. Damage
Factor
Factor
B, C, SB, SC, Sw
0.00
0.00
No
0.0
0.0
NSW (non -nutrient violations)
0.00
Yes
1.0
NSW (nutrient violations)
0.25
WS-III, WS-IV, WS-V
0.25
Tr, SA, WS-I, WS-II
0.50
ORW, HQW, UWL, CA
1.00
Assigned
Damage
Assigned
Stream Classification
Stream Factor
Factor
Env. Damage
Factor
Factor
B, C, SB, SC, Sw
0.00
0.00
No
0.0
0.0
NSW (non -nutrient violations)
0.00
Yes
1.0
NSW (nutrient violations)
0.25
WS-III, WS-IV, WS-V
0.25
Tr, SA, WS-I, WS-II
0.50
ORW, HQW, UWL, CA
1.00
Assigned
Damage
Assigned
Stream Classification
Stream Factor
Factor
Env. Damage
Factor
Factor
B, C, SB, SC, Sw
0.00
0.00
No
0.0
0.0
NSW (non -nutrient violations)
0.00
Yes
1.0
NSW (nutrient violations)
0.25
WS-III, WS-IV, WS-V
0.25
Tr, SA, WS-1, WS-II
0.50
ORW, HQW, UWL, CA
1.00
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NPDES Limit Violations
Factor 4
Factor 5
Factor 6
Cost of Rectifying Damage
Amount Saved by Non -Compliance
Willful or Intentional
Assigned
Cost
Assigned Cost
Cost
Assigned Cost
Intent
Intent Factor
Factor
No
0.0
0.0
Yes
0.0 - 1.0
Cost Total
$0.00
Cost Total
1 $0.00
Assigned
Cost
Assigned Cost
Cost
Assigned Cost
Intent
Intent Factor
Factor
No
0.0
0.0
Yes
0.0 - 1.0
Cost Total
$0.00
Cost Total
$0.00
Assigned
Cost
Assigned Cost
Cost
Assigned Cost
Intent
Intent Factor
Factor
No
Yes
0.0
0.0 - 1.0
70
Cost Total $0.00
Cost Total $0.00
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NPDES Limit Violations
Factor 7
Factor 8
Violator's Prior Record
Enforcement Costs
Previous Offenses (12
Offense
Assigned
Assigned
months)
Factor
Factor
Cost
Cost
0-2
0.00
0.50
DEQ Staff #1
$54.94
3-4
0.50
DEQ Staff #2
$63.53
5-7
1.00
DEQ Staff #3
$12.79
8+
2.00
DEQ Staff #4
$20.00
$3,000.00 Monthly Limit Violation Total
Previous Offenses (5 years)
0-2
Offense
Factor
0.00
Assigned
Factor
1.00
Cost Total $151.26
3-4
5-7
0.25
0.50
8+
1.00
Prior Record Factor
1
*chooses the largest of
those assigned above
How factor affects base
penalty
$2,000.00
$1,000.00 Weekly Limit Violation Total
$6,151.26
NPDES
Calculated Limit
Violation Grand Total
$0.00 Factor 4,
Cost of Rectifying
Damage Total
$0.00 Factor 5,
Amount Save by
Non-ComulianceTotal
$0.00 Daily Limit Violation Total
$0.00 NPDES Final Limit Violation Grand Total
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DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator: City of Kinston
Facility Name: Johnnie Mosley Regional WRF
Permit Number: NCO024236
County: Lenoir
Case Number: LV-2023-0131
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;
Unknown. No documented fish kills or health risks. Total Suspended Solids could cause
Water Quality Standard violations.
2) The duration and gravity of the violation;
The facility experienced increased flow and started losing solids on February 12, 2023. The
facility had to bypass the Denitrification filters due to the loss of solids. The Denitrification
filters were bypassed from 12:00 PM on February 12, 2023 through 12:42 PM on February
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown. Total Suspended Solids limit violations could cause Water Quality Standard
violations.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
No. The facility states they experienced high flows and the Operator failed to monitor the
filters properly and the filter bed clogged.
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
The facility has received Four Civil Penalty assessments over the previous Twelve months and
Eight Civil Penalty assessments over the previous Five Years.
8) The cost to the State of the enforcement procedures.
151.26
5/3/2023
Date
Z46vx T""
Robert Tankard
Assistant Regional Supervisor

NPDES Non -Limit Violations
Civil Penalty Assessment Guidance: Non -Limit Violations
Unpermitted Activities
Discharge/Operate without a permit
-All violations (municipal, non -municipal, animal operations)
Discharge/Operate without a permit
-To defined managed area for harvestable aquatic plants or animals
Construct without a permit
Let contract without a permit
Alter system without permit change
Sludge disposal without permit
Improper sludge disposal
Oil or hazardous substances
-Spill occurrence
•Failure to report a spill
-Failure to collect, remove or contain a spill
Exceed non -toxic stream standard
Exceed toxic stream standard
Late AWMS Registration (voluntary)
Late AWMS Registration (involuntary)
Stocking or expanding before certification
Failure to submit permit application
Permitted Activities
Violations of Effluent Limits
-Exceed whole effluent toxicity
Reporting Violations (select below)
Selection
Selection
Selection
Violations of Document Conditions (select below)
Selection
Selection
Violation Violation
Range Violation 1 Quantity Violation 2 Ouantity Violation 3
1 � 111
1 � 111
1 111
1 111
1 � 111
1 111
1 111
1 111
1 � 111
1 111
1 � 111
1 11
1 111
1 111
1 11
0-1000
0-1000
0-5000
Selection
Starting plant without certification 0-500
Failure to notify before startup 0-500
Other
Non -Limit Violation Base Total
$6334f8d0e4a0$C5789643D8B2460ABC981C0F97B2CE0E.x1sx 10 of 18 5/3/2023

NPDES Non -Limit Violations
Violation Violation 4 Violation Violation 5 Violation Violation 6 Violation Assi2ned
$6334f8dOe4aO$C5789643D8B2460ABC981COF97B2CEOE.xlsx 11 of 18 5/3/2023
$6334f8dOe4aO$C5789643D8B2460ABC981COF97B2CEOE.xlsx 11 of 18 5/3/2023

NPDES Non -Limit Violations
6.09
IWC% summer
(Apr 1- Oct 31)
5.92
IWC% winter
(Nov 1 - Mar 31)
Factor 1
Factor 2
Extent (Magnitude)
Gravity
Monthly
Assigned
Extent
Assigned
% IWC
IWC Factor
Factor
Gravi
Factor
Factor
< 25
0.00 0.00
Low
0.00
0.0
26 - 75
0.04
Medium
0.50
> 75
0.08
High
1.00
$6334f8d0e4a0$C5789643D8B2460ABC981COF97B2CEOE.xlsx 12 of 18 5/3/2023

NPDES Non -Limit Violations
C;NSW
Stream Class
Factor(s) 3
Effect on Water Quality or Quantity
Factor 4
Cost of Rectifying Damage
Stream Classification
B, C, SB, SC, Sw
NSW (non -nutrient violations)
NSW (nutrient violations)
WS-III, WS-IV, WS-V
Tr, SA, WS-I, WS-II
ORW, HQW, UWL, CA
Stream
Factor
0.00
0.00
0.25
0.25
0.50
1.00
Assigned
Factor
0.00
Env.
Damage
No
Yes
Damage
Factor
0.0
1.0
Assigned
Factor
70.0
Assigned
Cost Cost
Cost Total
$6334f8d0e4a0$C5789643D8B2460ABC981COF97B2CEOE.xlsx 13 of 18 5/3/2023

NPDES Non -Limit Violations
Factor 5
Factor 6
Amount Saved by Non -Compliance
Willful or Intentional
Assigned
Intent
Assigned
Cost Cost
Intent
Factor
Factor
No
0.0
Yes
0.0 - 1.0
Cost Total $0.00
$6334f8dOe4aO$C5789643D8B2460ABC981COF97B2CEOE.x1sx 14 of 18 5/3/2023

NPDES Non -Limit Violations
Factor 7
Violator's Prior Record
Enforcement Costs
Previous Offenses (12
Offense
Assigned
Previous Offenses (5
Offense
Assigned
Assigned
months)
Factor
Factor
ears
Factor
Factor
Cost Cost
0-2
0.00
0.00
0-2
0.00
0.00
DEQ Staff # 1
3-4
0.50
3-4
0.25
DEQ Staff #2
5-7
1.00
5-7
0.50
DEQ Staff #3
8+
2.00
8+
1.00
DEQ Staff #4
DEQ Staff #5
How factor affects base penalty $0.001 Prior Record Factor �0 Cost Total $0.00
*chooses the largest of those assigned above
$6334f8d0e4a0$C5789643D8B2460ABC981COF97B2CEOE.xlsx 15 of 18 5/3/2023

NPDES Non -Limit Violations
Non -Limit Penalty Decision
$0.00 NPDES Calculated Non -Limit Violation Grand Total
$0.00 Factor 4, Cost of Rectifying Damage Total
$0.00 1 Factor 5, Amount Save by Non-ComplianceTotal
$0.00 NPDES Final Non -Limit Violation Grand Total
$6334f8dOe4aO$C5789643D8B2460ABC981COF97B2CEOE.xlsx 16 of 18 5/3/2023

DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator:
City of Kinston
Facility Name:
Johnnie Mosley Regional WRF
Permit Number:
NCO024236
County:
Lenoir
Case Number:
LV-2023-0131
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;
NO ENTRY
2) The duration and gravity of the violation;
NO ENTRY
3) The effect on ground or surface water quantity or quality or on air quality;
NO ENTRY
4) The cost of rectifying the damage;
NO ENTRY
5) The amount of money saved by noncompliance;
NO ENTRY
6) Whether the violation was committed willfully or intentionally;
NO ENTRY
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
NO ENTRY
8) The cost to the State of the enforcement procedures.
NO ENTRY
Date
Robert Tankard
Assistant Regional Supervisor

Blank_Factors_Template_tab
DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator:
Facility Name:
Permit Number:
County:
Case Number:
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;
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.
Date
SUPERVISOR NAME
SUPERVISOR TITLE