The URL can be used to link to this page

Home My WebLink AboutNC0081370_Regional Office Historical File Pre 2018 (5)=,1 FF irCb NR FILE/��, North Carolina art n Environment and Natural Resources Division of Water Resource Water Quality Section A, Reeder Jean E. S rla, {{ Pat irony �tanas Director Secretary Governor September t 7, 01 I I IJ I , C II PT l I� -S" `F II Mr. Doug l arrick, City Manager City of°C"lareniont 1'.0, Box 446 Claremont, North Carolina 28610 SUBJECT: Notice of Violation andAssessment of Civil Penalty for Violations of N.C. General Statute 143- 1 .1 0(6) mid NPDES Pernnit No. NC O0813 0 Catawba Comity Case No. LV-2 1 -01 9 Isar Mr. Barrickl This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of 1,648.91 1, 00-0i civil penalty {- $1 .' 1 enforcement costs) against the City ofClaremont. This assessment is leased upon the following facts: A review has been conducted of the self - monitoring shox the subject facility, to be in violation z�c�rt�arzza � data reported ported 1r May 1 a�� 1 This rep°ic��° of the discharge limitations found to 1v1l LEES Permit No. NC 0 l 37 ® The violationsare swirmarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of lawthat the City of Claremont violate the terms. conditions, or requirements of lT' DES Permit No. NCO0813 70 and North Carolina General Statute (G.S.) 1 - 1 .l (a)( in the mariner and extent sho\N, , z in Attachrnent A, A civil penalty zna be assessed in accordance with the maximums established, by G,S„ 1 3-51 f,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 Deb : Department of Environment and Natural resources and the Director of the Division ofWater Resources., 1, Michael h- Parker, Regional ional Supervisor for the yrlooresvillc Region, hereby make the following civil penalty assessment against the City of C.'`laremont. Mooresville Read€ nan I(atlk`e On Location' 616 East Center Ave,6a ttp 301 Mooresville, villa �4 � �� t5 -r.� �� - � � "arolin }' 1 a. �,'r 663,16919 a 04 �s�?°��a�s,.li�CvCC'e�r,�aP"�#""fir' :��>€�1+`«%: meinet i1ttp 0puT'ta8 nr enf--r6.'weh.iq Aiiiturally ,: a °, .. t. t�. j t.. - r l'or 3 of the three (3) violation(s) of G.S. 143-215. l(a)(6) and ND ES Permit No, NCO0813 70, by discharging waste into the waters of the State in violation of the pertint weekly average effluent limit for biolog�.9ical oxygen demand (BOD). tz $._-----750.00 For I of the one (1) violation of G,S. 143-215.1 (,�)(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 biological oxygen demand (BOD). 0.00 For .__",.I - " " I of the one (1) violation of G.S. 141-215. 1 n (a)(6) are NPDES Permit No. NCO081370, by discluirging waste into the waters of the State in violation of the permit monthly average effluent limit fi)t ammonia, $--1,5KOO------ 14&91 I 648.9L TOTAL CIVIL PENALTY Enforcement costs TOTAL AMOUNT DIJE 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 1,aNv and the factors set forth at GI.S. 14311-282-1 (b), which are, (1) The degree and extent of harni to the natural resources of the State, to the public health, or to private property resulting from the violations; ('2) 'rhe duration and gravity of the violations; (3 ) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage'. (5) The arnount of money saved by noncornpliance.- (6) Whether the violations were committed willfully or intentionally-, (7) The prior record -of the violator in complying or failing to comply with progranis over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures, Within thirty days of receipt of this ii(--)tice, you must do one of the followingw 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment arid Natural Resources do not inc1ude waiverform). 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 CompliancefEnforcernent Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission 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 thereasonableness of the amount 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 assessirient 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 arid 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 Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall he considered- (1) whether one or more of the civil penalty assessment factors in (3,S, 14313-2811 (b) were 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) wvhether the violator had been assessed civil penalties for any previous violations, or (5) whether payment of the civil perialty wilt prevent payment for the remaining necessary remedial actions., Please note that all information presented in support of your request for remission must be submitted in writing, The Director of the Division of Water, Resources will review yore` evidencl, and inform you of his decisionin 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 Conunittee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information than was not part of the Original remission request considered by the Director. 'Therefore, it is very imPortant that you prepare at, complete and thorough statement in support of your request for remission, In order to request remission, you must complete and submit the enclosed "Waiver of Right. to an Administrative Hearing and Stipulation of Facts" form within thirty (.30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed 11ustificationfor Remission Request." Both forms should be sub , mitted to the following address: Point Source Compliance/Enforcernent Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative flearings: If you wish to contest any staternern: in the attached as: document you must file a petition for an administrative hearing, You may obtain the petition forrit from the Office of Administrative Hearings. You must file the petition vvith the Office of Administrative Hearings within thirty (30) days of receipt ofthis notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Off ice of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p,rm, except for official state holidays, The petition may be filed by facsimile (tax) or electronic mail fey air attached file (with restrictions) - provided the signed original,, one (1) copy and afiling fee (if is filing fee is required by NCGS §150B-23.21 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 Hearin 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 Bearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 'rej - (919) 431-3000 Fax: (919) 43 1-3100 One (1) copy of the petition must also be served on DEN R a,,, follows: ?Vlr. Lacy Presneti, General Counsel D EN R 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 internal date/tirne received stamp (not a postinark), will result in this matter being referred to the Anomey General's Office for C011ectiOu 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 assessinent. If the violations are of a continuing nature, trot related too eratie��r, andil"or.mainLenagnigg-prghtqpis, and_aF.L)ri qLitici iat!� re iedial construction activities, then vo 1� �'ash assessment orA—SmecLal —OrderrbyPnsentplease contact e.Water Resources staff of the Mooresvill e AL 1�e jQnal Office at,(j 66='-1699, t"lichael L Parker, Regional Supervisor e) Mooresville liegional Office Division of Water Resources A TACHM ,r �tooresville Regional office Compliance Idle w/ attachments Raleigh Compliance/Enforcement File _/ attachments merit Central l `ales Nv/ attachments t l /m CASE NO. LV-2013-0169 Outfall Date Parameter RmaqtAia ae Permit Limit 001 Week ending 5/4/13 BOD3. g,/ 110 n--t/L (Weekly. averse)' hill Week edits 5/11/13 BOD 2l 0 m /L 12. mg/L (Weekly average) 001 Week ending /25/1 3 BOD 2 1. 0 /l,. , mg/L (Weekly average) Denotes eivil penalty assessment The City of Claremont did not provide a response to NOV-201,3-1,,V-0465, DNNR. staff did review the cornnients provided (,,)n the May 2013 DMR,. Mitigatingfactors were found to result in a reduced civil penalty . amount, STATE OF'NOR'rFI CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE 01 IRCES COUNTY OF CATAWBA 'fI-IE MATTER F ASSESSMENT 'AI ER OF RICifl F "I`O A OF CIVIL PENALTY AGAINST kDMINI TRA,TTVE HEARINGAND CITY OF CL£. EMf)NT STIPULATION OF FACTS PERMIT NO, NIC00813 70 FILE NO. LV-2013-0169 Having been assessed civil penalties totaling $1,648.91 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 17, 20,13, the undersigned, desiring to seek remission of the civil penalties, 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 he submitted to the Director of the Division of WaterResources .esources Within 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 w.. �. m. day of 2013 BY ADDRESS TELEPHONE ` JUSTIFICATION FOR REMISSION REQUEST I Case Number: LV-2013-0169 Assessed Party. City of Claremont County: Catawba Permit Number: NCO081370 Amount Assessed: $1,648.91 Please use this form when requesting remission of this civil penalty. You must also complete the "Request Tor -Be iission giver. a Right tQ an 44?inistrative Hearing -1nd 'it 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 docurnent. pursuant to N.C.G.S, § 14313-2811 (c), remission of a civil penalty may be granted only when one or more of the following five factors 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 penalty, were , I 'b). assessment factors in N.C.G,S. 143B:! - LALrQumlIy_APdied .to the detriment off" tljc-Ntinoner (the assessmentfactars are listed in the civil penalty assessment document); (b) the violatpITEemprly abateontit tin envirotrrtaenuh� darn �, es Itin from the violation (i,e,, explain the steps that you took to correct the violation and prevent fititure occurrences)" 0- LI (e) the violation — was inadvertent or a result of an accident (i.e., explain why the violation -S— was unavoidable or something you could not prevent or preparefior); (d) the violator had not been mass cssedcivil nalties fQj_qtiy _grejiqus vj_Qlation,.,;; (e) olment 9ftlae civil reairnecess�qryremedial actions (i.e,, explain hou, payment of the civil penalty will prevent youftom performing the activities necessarvy to achieve compliance), EXPLANATION: (use additionalpan ges as necessary) Violator: City -of Claremont Facility: McLin Creek WWTP County: Catawba Case Number: LV-2013-01tip Permit Number: NC008 1370 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; 01 rz 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. However, ammonia -nitrogen and BOD are treated as in -stream toxicants by the State of North Carolina. Ammonia and BCD are oxygen -consuming wastes and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms, 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Resources has no evidence that the violations were committed willfully or intentionally. The permittee notes on the April and May 2013 DMRs that "the facility received an unusually elevated level of surfactants in the influent stream which contributed to an upset of the plant process. We are currently feeding surfactant microorganisms along withr regenerative microorganisms to help speed recovery to the plant process, In addition, we continue to monitor industries for flow characteristics investigating the possible sources of problematic flows to prevent future violations,"' Please note that truck washing wastewater is trucked from the Claremont North WVV7P to the McLin Creek WWTP for processing since this wastewater cannot be handled by the North WWTP-1 could be contributing to the noted violations, 7) The prior record of the violator in comp grin or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 23 previous CPAs for the McLin Creek WWTP with two CPAs issued in the past 12 months. Case Number Description LV-2013-0147 $1,148,91 LV for BOD and ammonia. Penalt d in fuli, LV-2013-00 8 $397 44 LV for BOD, Penaltyvas_Ass agin full. 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $148,91, Oie—T- Michael L Parker, Regional Supervisor Mooresville Regional Office Division of Water Resources Report Note: 08/07113 Paqw 2 of 7 PERMIT: NCO034764 FA ITY: Commcope Inc - ComMscope WWTP C, COUNTY: ,, Catawba - REGION: Moor"ville Limit Violation �4 ONITORIN� OUTFALL VIOLATION 4"T OF t CALCULATED REPORT pp� LOCATION PARAMETER DATE FAfQUENCY k(EASURE LIMIT VALUE OVER LIMIT VIOLATION TYPE V$OLATIONCTIOR 05 .2013 001 �Muent BOD, 5-bay (20 Deg, C)X'i' 05128/13 Wee)q rngii '24— 2&8 20 Daily Maximum Exceeded None Concentratiop, PERMIT: NCO081370 FACILITY: City of Claremont - McLin Creek WWTP COUNTY: Catawba REGION: Mooresville Limit Violation A MONITORING REPORT OUTFALL 1 PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE % OVER LIMIT VICLATION"TYPE VIOLATION ACTION 05-2013 001 Effluenl CoBOD, 5-Day (20 Deg, C) - ncentration 05104113 W g1leekly m 12 23: 91.67 Weekly Average Exceeded None 'ftp 001 Effluent SOD, 6-Day (20 Deg, C) - Concentration 05/11/13 Weekly mg1l 12— 21 75 Weekly Average Exceeded None 05-2013 001 Effluent SOD, 5-Day (20 Deg, C) - 05125113 Weekly mg/I 12 21 75 Weekly Average Exceeded None Concentration 05-2013 001 Effluent ROD„ 5-Day (20 Deg. C) - Concentration 051311/13 Weekly mg/l 8 16,85 11062 Monthly Average Exceeded None Ll 05-2013 001 Effluent Nitro en, Ammonia Total (as N) - 8oncentration 05i31/13 Weekly Mg/I 2 2.55' 27.38 Monthly Average Exceeded None