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Home My WebLink AboutNC0081370_Regional Office Historical File Pre 2018 (6)1% FILE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Section John E. Skvarla, ill Pat McCrory Thomas A. Reeder Secretary Govemor Director October 22, 2013 CERTIFIF,D NTU'Llt, 7010 1870 0001 1558 1337 a,LfURIN RFCE1pr IkE_QUF,-STF-D NvIr. Doug Barrick, City Manager City of ClarCtuolat P. 0. Box 446 Claremont, North Carolina 28610 SUBJECT: Notice of Violation and Assessment of Civil penalty for Violations of N.C. General Statute 143-215,1(a#) and 'NPDES Permit No. NC0081370 McLin Creek WWTP Catavvba County Case No, LV-2013-0190 bear Mr. Barrick: This letter transmits a Notice of Violation and aSSessment of civil penalty in the amount of $2,89&9l ($2,750.00 civil penalty + $148.91 enforcement costs) against the, City of Claremont. This assessirient is based upon the following facts: A review has been conducted of the, sell -monitoring data reported for June 2013. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO081370, The violations are summarized in Attachment 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. NCO081370 and North Carolina General Statute (GS.) 143-215, 1 (a)(6) in the mariner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maxii-nums established by G,S, 143-21,5.6A(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 Resources, 1, 'Michael L. Parker, Regional Supervisor for the Water Quality Regional Operations Section, Mooresville Region, hereby make the following civil penalty assessment against the City of Claremont'. t,ilooresvi4e Regional Office One Locatbri 610 East Center Ave, Suite 301 MOOresviiie, NC 28115 Ptione, (70,41 663-1699 5axM34) 6,63-6 5040 k CU, Noi-thCarolina st(�qi)erSarw��e- 1�877Q3-6748 Intema hto t',Iportat ncdew org,web0wq XINWAY 2, E 'u a C ;utir5riwolcnc. , F-,,"-Ic A, 'ed Pcv Goml"',Wlff p2peff 750.00 For ___ 3 of the three (3) violation(s) of G.S, 143 -215. 1 (a)(6) and NNPDES Permit No, NCO081370, by discharging Nvaste into the waters of'the State, in violation of the permit weekly average effluent limit for biological oxygen demand (BOD), ___ 500.00___ For mrw.2 of the two (2) violation(s) of G.S. 143-215, 1 (a)(6) and NPDES Pe,ItNo, NCO081370, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia. 750.00----- For .— I .'_ of the one (1) violation of G.S. 143-215. 1 (a)(6) arid NPDES Permit No. NCO081370, by discharging waste into the waters ofthe State in violation of the permit monthly average effluent limit for biological oxygen demand (BOO). S—_7%00 For __ - I __ of the one (1) violation of G.S. 143-215. 1 (a)(6) and NPDES Permit No. NCO0813 70, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia. 75 TOTAL CIVIL PENALTY 148.91 Enforcement COSI'S TOTAL AMOUNT DtJE PurSUant to G.& 143-2156A(c), in determining the amount of the penalty I have taken into account the Findinos offact and Conclusions of Law and the factors set fonli at G.S. 14313-2811 (b), which are: I- (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 violations, (2) The 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, darnage; (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 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 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 (do not include wwive rfiornt). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit l-,)aynient to the attention of: Point Source Compliance/Enfurcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North, Carolina 27699-1617 Em 2. Submit as 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 the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure tor 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 adi-runistrative hearing, such a request must be accompanied by a waiver of your right to an 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 Resources at the address listed below. In detennining 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 G.S. 14313-282.1(b) Nvere 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 infonitation 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 veil I 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 was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a com,plete 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 "Justification for Remission Request," Both forms should be submitted to the following address- Point Source Compliance/Enfircement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North, Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statenientin the attachedassessment document you must file -a petition for an administrative hearing, You may obtain the petition forat from the Office nt' Administrative Hearin( s. You inust 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 tile Office of Administrative Hearings during normal office hours. The Office of Administrative l4eal-ings 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 § 1, 50B-23 2) is received in the Office of Administrative Hearings Nvithin seven (7) business days following the taxed or electronic transmission. You should contact the Office of Administrative Hearings %.vith all questions regarding the filing fee andlor the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as fellows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One, (I) copy of the petition must also be served on DEN R as follows - Mr. Lacy Presnell., General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1fat( 1 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/tithe received stamp (not a postmark), will result in this matter being referred to the Attorney General's Officefor 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 fontinrrirt nature, not related t rapgjAtion and /ormaintenanc.e r°oblerns an _yqu_autic )atlZ reraq� I -ities then y wish d jp_ &.L�gonstruct'on activ to consider cpp viu —for aSpggLial Order lay' Qonce Rt. if you have sany-qugtiorj� aboutthiscivil rialt — ---Lpq- --y llk nt w. is der b °c�r� ��t tg � gq t ct thq'�Vter c�t��rc.�; �fi_�� Mi lctal Wit_ ` ,63-9. Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division, of Water Resources ATTACHMENTS M Mooresville Regional Tonal Ti Compliance File w/ atta l ment Raleigh f'c tr pliance/T;nforcern nt Hew/ attachments Central Files / attachments ml / tea ATTACHMENT A CASE NO. LV-2013-0190 Outfall Date Parameter Permit Limit 001 Week ending 6/l/13 BOD 16.0 mg/l, 12.0 mg/la (Weekly average) 001 Week ending 6/15/13 BOD 34.O mg/L 12,0 mg/l, (Weekly average) 001 Week ending 6/212/13 BOD 25.0 m&II, 12-0 mg/l. (Weekly average) 001 Week ending 6/1/13 Arnmonia 9,4 mg/L 6.0 mg/L (Weekly averkge) 001 )Veek ending 6/8/13 Ammonia 14-2 mg/L 6.0 mg/L (Weekly average) 001 6/30/13 BOD 19.0 nag/ L 8.0 mg/L (Montlily average) 001 6/30/13 Ammonia 5 , 0 mg/l, 2.0 mg/L (Monthly average) The City of Claremont did not provide a response to NiOV-2013-1,V-0538. D'NRstaff" did review the comments provided on the June 2013 D%,,'IR. Mitigating factors were not found to result in a -reduced civil penalty amount. Fr STATE (")F NORTH CAROU.",7A DEIPARTNfENTOF ENVIRONMENT AND NATUI?,AL RESOURCE'S COUNTY 01"'CATAWBA IN THE MATTER OF ASSESSMENT WAIVER OF RIG111"TO AN OF CIVIL PENALTY AGAINST lm t 1fNIS R—A'ITIVF' HFA .fN'G AN CITY OF CLAREMONT S11PULATION OF FACTS PERMIT NO, NCO081370 FILE NO, L `-201-3-019tl f laving been assessed civil penalties totaling . f6r ViOlatmu(s) as set forth in the assessment doCUMent of the Division o ater Resources dated October, the undersigned desiring to seek remission oaf"the civ'il penalties, dos 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 s mport of ren issioaa of this civil penalty, must be submitted to the Director of the Division rision of Water Resources within 30 days of receipt ofmthe notice of assessment. No new evidence in support toga remission request will be allowed after 30 days from the receipt ofthe notice of assessment. "I`lus the day of .... 201 BY ADDRESS i JUSTIFICATION FOR, REMISSION REOUEST DWR Case Number: LV-2013-0190 Assessed Party: City of Clarerriont County: Catawba Permit Number: NCO081370 Amount Assessed: $2,898.91 Please use this form when requesting remission of this civil penalty, You must also complete the "Rgq4,yLFor Rernisshr hilt r 1 �Lieart I tM j(L an Administrative Ifear form to request rernission of this civil penalty. You should attach any documents that yen 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 linnted 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 xshether the -violation(s) occurred or the accuracy of any of the tactual statements contained in the civil penalty assessnrent docurnent. Pursuant to N,C.G.S. § 14311-282. 1 (c), remission of a civil penalty may be granted only when one or more of the follow in 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 ienalt a-s ssment factors in N.C.G.S. 14313-282-11b) were (b) core fall , ap, jLe�Ljo the detriment of. ioner (the assessivent rs e li ars.,,ted ,-p Jac-to in the civil jsenaltv assessment document); the, violaitogEproes ptly abated continuing c avironniental darn re suttrng_ fro . or the violation (i. e, explain the steps that you took to correct the violation and prevent fii,ture oecurrenees)'- the violation was inadvertent or a result of an, accident (i,e., explain wl�y the violation was unavoidable or sornething,),,ou could not prevent or preparefw),` the violator had not been assessed -civil -penalties or arcous violations; qctiqu5 plain how pqyment of the civil petialty ivill prevent youftom per rming (i. e, ex fio the activities necessar)., to achieve compliance). EXPLANATION: (use additional pages as races arr,) Violator: C Facility: Mein Creek WWTP County: Catawba Case Number: LV-2013-0190 Permit Number: NCO081370____1______ 2) The duration and gravity of the violation; 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 BOCK 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; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $148,91, Michael L PairO&, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources Report Date: 0910 113 Page. 1 of e PERMIT: NC FACILITY: l LLC Kurlander Boggs Investments L L - Silver COUNTY: Cabarr REGION: Mooresville I s Communflr. �/ L it N olan ---,-' p d t 4 i 64 w S REPORT MONITORING CC PPILL 14 LOCATION t i 'IVIOLATIO14 p ? DATE A,'IR.AI�ETER � FREQUENCY UNIT CP MEASURE ! il',�I`T CALCULATED VALUE ", {�V1=R LIMIT VIC3hTtt7hJ T`r�t'Iw '} UI�ILAT�t3I�i At�TIshJ 06-2FR3 001 R Effluent z oliform, Fe I MF; M FC :' 06/19/1 Weekly rtlltl fi �t1' + 86t1 '` 50 Dally Ml ii�s;urra Exc, dot None s;2913 31ii .� EFf&��nt)Woth,44�5C roh,44 P dliform, Fe I MFt M (1 1 1 p 4 uek1 `3 1100MI 4 D 600 .s 0 C1 lly Ma uirt Ex ed l.arte r PERMIT: NCO081370 FACILITY® Ity of Claremont - MrLin Creek WWTP COUNTY, Catawba ION: Mooresville pp LI It Violation 1z. k IM �Xd ,y r � ,�� • � t * °" ,r � .Ise. MONITORING OUTFALI,1 VIOLATION UNIT OF CALCULATED REPORT PP€ LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT` VIOLATION TYPE VIOLATION ACTION 06 -2013 001 Effluent BCD, 5-Dey (20 Deg. C) - 06101/13 'Weekly mgdl 12 ...s 16 33.33 Weekly Average Exceeded None � 1._fi "'' , Concentration 06 -2013 001 Effluent BOD, 5-Day (20 Deg. C) - 06115/13 Weekly g1I 12 " 34 18133 Meekly Average Exceeded None-il° Concentration 06--2013 001 Effluent BOD, 5-flay (20 Deg C) - 06/22/13 Weekly rmgll 12 25 108.33 Weekly Average Exceeded None Concentration 06 -2013 001 Effluent BOD, 5-Day (20 Deg C) - 06/3 /13 Weekly Mg/1 8 18 98) 137.19 Monthly Average Exceeded Nurse Concentration 06 -2013 001 Effluent Nitro en, Ammonia Total (s 06101113 Weeklyrng11 6 •` 9.39 56.5 Weekly Average Exceeded None' '4 A R I N) - oncentratlon 06 2013 001 Effluent Ntro en, Ammonia Total (as 06198113 Weekly mgll 6 14.2 ' 136,6� Weekly Average Exceeded None N') - oncentration 06-2013 001 Effluent Nitr on, Ammonia Total (a 06130113 Weekly mg/1 4,9 , 149.3 Monthly Average Exceeded None' N) oncentration r r. T