NC0081370_Regional Office Historical File Pre 2018 (2)

Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
July 13, 2012
CERTIFIED MAIL 7010 2780 0003 1-4619690
RiTuRN RECEIPT RLQIII�j�
Mr, Doug Barrick, City Manager
City of Claremont
la. 0, Box 446
Claremont, North Carolina 28610
SUBJECT: Notice of Violation wid Assessment of Civil
Penalty for Violations of N,C. General Statute
143-21,5.1(a)(6) and NPDES lie nant No, NCO081370
McLin Creek WWTP
C a-tawba County
Case No. LV-2012-0121
Dear Mr. Barrick:
This letter transmits a Notice of Violation and assessment of civil penalty in the arnount of
$762.78 ($625.00 civil penalty -i- $137.78 enforcement costs) against the City of'Clareniont.
This assessment is based upon the following facts. A review, has been conducted of the self -
monitoring data reported for March 2012, 'This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Pe nit No. NCO081370. The violations are summarized
in Attacbment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Claremont violated
the terms, conditions, or requirements of NPDES Permit No, NCO08 1370 and North Carolina General
Stature (G.S.) 143-215, 1 (a)(6) in the manner and extent shown inAttachrrient A. A civil penalty may
be assessed in accordance with the maximums established by G.S. 1,41-215.6A(a)(2),
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the, Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quatity, 1, Marcia Allocco, Acting Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the
City of Claremont:
MooresvWe Regbnal Office
Location: 610 East Center Ave . Su4e 301 Moores,06e, NC 78115 One,
Phone:,[phone] t Fax: [phone],040 Customer Serv�ce- 1-877-623-6748 N6rthCarofina
interr,MhftpJ1pvIaI ncrdenr org,,Web/wq Naturally
An Eau is Ulp, cwwy � Aff irrm�,,ve Emplclyer - 30"No Recyded� � 0% R��w Consumer paper

250.00 For 2 of the two (2) violation(s) of G.S. 143 )-215. l(a
I
and NPF)ES Permit No. NCO081370, by discharging waste into
the waters of the State in violation of the permit weekly average
effluent limit for biological oxygen demand (BOD),
0.00 For - I -- of the one (1) violation of G.S. 143--115.1(a)(6) and
NPDES Permit No, NCO081370, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for arnmonia.
$ ------ -- 375M For 1 of the one (1) violation of G.S, Ida- 1�a)(6) and
NPDES lie pit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit irionthly average
effluent limit for biological oxygen demand (BOD).
$—'--'--625-.00-
$---- 762.78---------
TOTAL CIVIL PENALTY
Enforcement costs,
TOTAL AMOU"N7T 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-281 I (b), which are:
(1) The degree and extent of ha to the natural resources of the State, to the public health, or to
private property resulting ftorn the violations;
(2) The duration -,,aid gravity of the violations;
(3) The effect on ground, or surface water quaritity or quality or on air quality;
(4) The cost of rectifying the damage-,
(5) The amount of money saved by noncompliance-,
(6) Whether the violations were committed, willfully or intentionally;
(7) 'The prior record of the violator in complying or fulling to comply with programs over which
the Environmental Mariagement Counnission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty, days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources o not include waive rat). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center

V
Raleigh, North to 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for retnission is limited to consideration of the five factors listed
below as they may relate to the real onab leness of the arnown of the 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 art administrative hearing and a stipulation 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 Quality at. the address listed
below. In, determining whether a remission request will be approved, the following factors shall be
considered.
(1) NN-hether one or more of the civil penalty assessment factors in G.S, 14313-282,1(b) were
v,Tongfully applied to the detriment of the petitioner,
(2) whether the violator promptly abated contirming environmental damage resulting from
the violation-,
(3) NvIiether 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 information presented in support of you request for remission must be
submitted in 1ATiring. The Director of the Division, of Water Quality will review your evidence and
infra rrn you of his decision in the matter of your remission request. The response will provide details
regarding 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 %vas not part of the original
remission request considered by the Director. Therefore, it is very iinportant that you prepare a
complete and thorough statement in support of your request for remission,
ha order to request remission, you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation of Facts" forai within thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit the enclosed
"Justification fear Remission Request." Both forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

"No
3. File a petition for ain administrative her with the Office of Administrative Heart g
n
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 forin, front 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 rnay be filed by facsimile: (fiax) or electronic mail by art
attached file (with restrictions) - provided the signed original, one it copy and a filing fee (if a filing
fee is required by NCGS § 1 50B-23.2) is received in the Office of Administrative Hearings within
seven (7) business day's 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 fc)llows:
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 DE NR as follows:
Mary Penny Thompson, General Counsel of DENR
1601 Mail Service Center
Raleigh, NC 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 notice, as
evidenced by an it date/time received starrip not as 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 the violations are of a coplirrungtrare, not related opc , tion
and/or maintenance ppoblems, and you anticipate, remedial construction activities, then yoq_jnay_wish
(Date) Marcia, .11occo, Acting Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

,pp p,4T7TACH--,%4ENTS
C Mooresville Region l Office ComplianceFile Nv/ attacbments
Raleigh Compliance/Enforcement File N / attachments
Central Files a/ attachments

CASE NO. LV-2012-01211
Outfall Date Parameter Reported Value Permit Limit
01 Week ending 1 J12 BOO 49,0 mg/I:. . mg/L. (Weeklyaverage)
001 Week ending ; / 1/12 BOD 310 mg,/I- 24.0 m/f. (Weekly average)
001. 3 /31/12 Ammonia 4,2 m ,,'L 4.0 g/l, (Monthly average)
Denotes a civil penalty assessment
The City of Claremont response to NOV- 012-1,, - 3 1 dated July 3, 2012, was reviewed
by DWQ staff. Mitigating factors were found that resulted in a reduced civil penalty
arnount.

FF7,STATE OF NORTH CAROL 1A DEPARTMENTOF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CATAWBA
IN 'THE MATTER OF ASSESSMENT l WAIVER OF RIGHT TO Al l
F CIVIL PUNT A a Y AGATNIST ADMINISTRATIVE HEAKINGAND
CITY OF CLA EMONT STIPULATION OFFACTS
PERMIT NO. 'NC0081370
FILE NO. LV-2012-0121
flaving been assessed civil penalties totaling $162.78 for violation(s) as set forth in the
assessment document ment f the Division of Water Quality dated July 13t 2012, the undersigned, desiring
to seem remission ofthe civil penalties, does hereby waive the right t <rn 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 ofthis civil
penalty must he submitted to the Director ofthe Division of Water Quality within 30 days of receipt of
the notice ofassessment. No new evidence in support of a remission request will beallowed after 30
days from the receipt of the notice of assessment,
This the day of v_ - 01
ADDRESS

JUSTIFICATION FOR REMISSION REQUEST qq
DWQ Case Number: LV-2012-0121
Assessed Party: City of Claremont
County: Catawba
Permit Number: NCO081370
Amount Assessed: $762.78
Please use this form when requesting remission of` this civil penalty. You must also complete the
ff�aiveL o Ij J?jg!7 Administrative Ifeari 7 arid St 0
- --- _I ..... _( to an _-- —LFacts —
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(0), remission of a civil penalty may be granted only when one or
more of the following fivefactors applies. 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-p-nal t factors in N.C.G.S143B-282.jLb) Were
— q ,
jyEon gfijVpI By icL to the detriment oWi f the etihqner v assessinent factors arc, listed in the civil
_
penalty, assessment document),
(b) the violgato"rr I , abaLed, gqrnpt sontirming env ironmmental dama-ge re tapir trgin the
yLojati�qq. (i.e- ex lain the steps thatyou took to correct the violation adpr nevent.futuroc e currencey);
p
--- (c) the violation was inadvertent or a result of an accident (ce., aiplain u,,hy the violation
wasunavoidableor something you could neat prevent or prepare for);
(d) the violator had not been assessed civil nennftigs fa)r anr rer ions v d)arion,
(e payment of the civilnafty 11 Rr -�vj L s
getiqps (i. e., explain how payrnent of the civil penal4,, will prevent you ftom performing the activities
necessary tra achieve compliance),
EXPLANATION: (use additional pages as necessary)

Violator- QLty Qf �Cl 4rgnont
Facility: McLin Creek WWTP
County: Catawba ------_-----
Case Number: 1 V-2012-0121
Permit Number: NCO081370
The degree and extent of harm to the natural resources oft e State, tote public health, or to
private property resulting from the violation;
2) The duration and gravity of the violation;
The BOCK weekly average concentrations of 49.0 mg/L and 33.0 mg/L for the weeks ending March
10th and 31 st exceeded the permit limit of 24.0 mg/L by 104.2% and 37,5%, The monthly average
BOD concentration was 323 mg/L, which exceeded the permit limit of 16,0 mg/L by 101 .6%, The
ammonia monthly average concentration of 4.2 mg/L exceeded the permit limit of 4.0 mg/L by 4,1
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown, BOD and ammonia are both in -stream toxicants and
oxygen -consuming wastes, which are expected to reduce the amount of oxygen available to aquatic
organisms.
4) The cost of rectifying the damage;
No damage has been established,
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
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 have been 20 previous CPAs for the cLin Creek WVVTP during the life of the permit with two
CPAs issued in the past twelve months.
Case ha +eoripton
LV-2011-0176 i $83�'_0_6or_h­m__A —viola-t-6-n—sof B_OD- _w_fth_in30"-_da response ------- pq_9se wi..nd.,_I._.__'.____

end ammonia F'en p id in full. �
_.._ l.. 'I 1- 1_�..�`i 1, � I�rriwt v�c�ltior� cf�.._ � .. vwn�..
The cost to the State of the enforcement procedures.
The cost to the Division ion f Water Quality is $137,78,
Cate Marcia r ll cco, Acting Re ronai supervisor
Surface Water Protection
Mooresville Regional Office
Division ofWater Quality

in
I
PERMIT., NC0081370
FACILITY* City of Claremont - McLin Crook WWTP
COUNTY: Catawba
REGION: Mooresville
Limit Violation
ul,
MONITORING OUTFALL I
REPORT PPI
LOCATION
VIOLATION
PARAMETER DATE FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
% ovER LIMIT
VIOLATION TYPE
VIOLATION ACTON
03-2012 001
Effluent
BOO, 5-Day (20 Deg, C) - 03/10112 Weekly
Concentration
mgA
24
49 r104,17
Weekly Average Exceeded
None a
03-2012 001
Effluent
onc6= 5-Day (20 Deg, C) - 03/31112 Weekly
Centration
mgil
16
32 � 25
101,56
Monthly Average Exceeded
None
03-2012 001
Effluent
BOD, 5-0ay (20 Deg, C) - 03/31/12 Weekly
Concentration
mg1l
24\/
33
37,5
Weekly Average Exceeded
None Ah l5LL,,D
03,20,12 001
Effluent
Nitrogen, Ammonia Total (as 03131112 Weekly
N) - Concentration
mg/I
4
4,16
4,05
Monthly Average Exceeded
None
IT, NC0006Q33
FACILITY., City of Gastonia - Eagle Road WWTP
COUNTY- Gaston
REGION- Moores v 0
Limit Violation
MONITORING OUTFALL I
REPORT PPI
LOCATION
VIOLATION
PARAMETER DATE FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
03-2012 001
Effluent
Phosphorus, Total (as P) - 03131112 Weekly
Concentration
M911
1
122
21,67
Monthly Average Exceeded
None

ase Number Description
U'
01
LV012--20121 $7for BOD and ammonia, Pena _Ily_��as_pAid in full.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quality is $147,44.
ate Michael L Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality