NC0081370_Regional Office Historical File Pre 2018 (7)

A i A
AA
NCKERR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section John E, Skvarta, III
Pat McCrory Thomas A, Reeder Secretary
Governor Director
December 13, 2013
C,F,RTIFIF D MAIL 7010 1870 0001 1558 1436
Mr, Doug Barrick, City Manager
City of Claremont
1). 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)(6) and NPDES Permit No. NCO081370
McLin Creek WWTP
Catawba County
Case No. LV-2013-0228
Dear Mr. Barrick.
This letter transmits a Notice of Violation and assessment of civi I penalty in the amount of
$1,64&91 ($1 500.00 civil penalty, + $148,91, enforcer rent costs) against the City of Claremont.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for July 2013, This review has shown the sub�ject facility to be in violation of
the discharge limitations found inNPDES lie rrnitNo. lit O081370. The violations are suiianarizedin
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of lavv that the City of Claremont violated
the terms, conditions, or requirements of NPDES Pe it No. NCO081370 and North Carolina ("eneral
Statute (G,S.) 143-215,1(a)(6) in the manner and extent shown in Attachment, A. A civil penalty may
be assessed in accordance with the maximums established by G-S, 1,43-215,6A(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 Resources, 1, Andrew Pitner,Assistant Regional Supervisor for the Water
Quality Regional Operations Section, Mooresville Region, hereby make the following civil penalty
assessment against the City of Claremont:
%Ioomsoe Regronal Offoe
'.�Wafion, 610 East Canter Ave, Sufle 301 Moorewflie, NC 28115 One
Pt)one: [phone] k Fax: i70411 663-6040 t Customer Service 1-877-623-6748 NofthCarofina
j,jternet: hftp (,,porlal ncdenr orgmebPwq vaturalk
[,Cfk, V, AChoi: EPIP10y!F - K'

750.00 Iq
For — 3 -'- of the three (3) violation(s) of G.S, 143-215 � I (a)(.6)
and NPDES Perrait 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).
77.00 For I of the, one (1) violation of GS. 143-215.1(a)(6) and
NPDFI'S Permit No. NCO081370, by discharging waste into the
waters of the State in violation of the penint monthly average
effluent limit for biological oxygen detriand (BOO).
148,9-1----,
S —I J()A-9)
TOTAL CIVIL PENALTY
Enforcement costs
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 Factand Conclusions of Law and theffictors set -forth at G.S. 14313-282.1( , which are:
(1) The degree and extent of learnt 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 surtuce water quantity or quality or on, air quality-
(4) The cost of rectifying the damage;
(5) The arnount of money saved by noneorripliance,,
(6) Whether the violations were conutritted willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Linvironinental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty, days of'reccipt 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 inclwle waiverfi)rtn). 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/fartbreetrient f"Init
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
I Submit a written request for remission including a detailed justification for such request:

Please be wvare 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 for Contesting whether the violation(s) occurred or the accuracy of arty 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 astipulation 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 G.S. 14313-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darnage 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 information 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 arid inform
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 hirdier appeal of the, penalty to the
Environmental Management Commission's Committee ori 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 "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/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. it 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. "I'lie petition may be filed by fiaosimile (Ux) 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 § I 5OB-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
flearings 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:
Office ofAdministrative Hearings
6714 Mail Sen!ice Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax: [phone]
One (1) copy of the petition, must also be senred on DENR. as follows:
Mr. Lacy Presnell, General Counsel
DENR
1601 Mail Service (,,enter
Raleigh,'NC 27699-1601
Please indicate the case nurriber (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/time received stamp (not a postmark), will result in this matter bein
1 9
referred to the Attorney General's Office for collection of the penalty through a civil action,
Please be advised that additional penalties maybe assessed for violations that occur after the review
Period ofthis assessment. If the violations are of s.,12ntinu a i.rig nature, net related tQ ()p tL , A . era jAr
QL
maintenaric �jemsand oqALitiqjpatg reureLdia construction activities. then y� �urrLqsris
It C 41 _j
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Rqgicnal Qffl�,e. 6() L-16�9w
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(Date)
ATTACHMENTS
Nk,
Andrew Pitner, Assistant Regional Supervisor
Water Qualityr Regional Operations Section
Mooresville Regional Office
Division of Water Resources
CC' Mooresville Regional Office C ' 'onipliance File vv,/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attaclurients
aphria

ATTACHMENT A
CASE NO. LV-2013-0228
Outfall Date Parameter Rm2LtPermit Limit
001 Week ending 7/13/13 BOD 21 .O m6,/L 110 mg/L (Weekly average)
001 Week ending 7/20/13 BOD 16,0 mgj, 12.0 mg/L (Weekly average)
001 Week ending 7/27/13 BOD 16.0 Tng/L 12,0 rnt/I, (Weekly average)
001 7/3 1 / 13 BOD 16A mg/L 8.0 mg/l, (Monthly average)
The City of Claremont did -not provide a response to NOV-201,3-LV-0670. DWR staff did
review the comments provided on the July 2013,DMR. Mitigating factors were not found
to result in a reduced civil penalty amount.

STATE OF NORTH CAROLINA DEPARTMEN17 OF ENVIRONMENT
T
AND N ATUR.Al, RES Ot') RCES
COUNTY OF CATAWBA
Its THE MATTER OF ASSESSMENT WAIVER OF RIGHTTO AN
OF CIVIL PENALTY AGAINST' ADMINISTRATIVE HEARING AND
CITY OF CLAREMONT STIPULATION OF FACTS
PERMIT NO. NC0081370
FILE NO. LV-2013-0228
Having been assessed civil penalties totaling $1,,648.91 for violation(s) as set forth in the
assessment docurnent of the Division of Water Resources dated December 13 2013, 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 ftirther understands that all evidence presented in support of remission of
this civil penalty ntust be submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment.. No new evidence in support of a remission, request lAill be
allowed after 30 days from the receipt of the notice of assessment -
This the day of 2013
M
ADDRESS
TFILEPHONE

VJUSTIFICATION FOR REMISSION REQUEST
Assessed Dart °r 'try of Claremont
County: Catawba
Farrah Nu ber: N€"tilp l * t
Amount Assessed: : 1. .p
Please use this form )yFhen requesting remission of this civil penalty; You must also complete the
y� rat _ a rr i sir: Waive)F c - Lg o an j1dozi ist rrtive I'` arL�jgj and iL Lion (.: Facts"
fora: to request remission of this civil penalty. You should attach ruiy 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 Live factors
listed below as they may relate to the reasonableness € f theamount 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 . .G. . ;§ 1 31 -22.l(c), remission of a civil penalty may be aralited only when one o
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 til
factor applies (attach additional pages as needed),
(a) one or more of the cis it c ry assessment factors in .G. . 1 3B- were
)yTon full a1 pihr �r�r �e (Me a.sses.srrr tat ticcors are listed
in the c}ivil nal(y assessment do urrrenr )a
(b) the violatoLproqr, tls abated continuing environnental darna o resytl in fit�rr� tarp:.
y i l ion (i. c., explain the steps that you took to correctthe violation and rc vent
future oc.r urrenc r s),-
(c) the violation was inadvertent or a resent of an accident(i.., ;tr.rp gain why the violation
was unavoidable or something k}cane could not prevent or pt epar e in )
t.d. the violator had not beet:, asses s d,.r i rl penalties jfqLAn rrevioLis violations;
r .. Ee y�,. ent of the civil etialty yyill ye r t avroient h tl c rerrrrrinina eces ar A rerrredial.
actions (.., x al tirr lrcarrr per rrtr rtt rr ` tlr cvii it a r tIty ill lar° r� rrt you rr fir am rerrti rrr irr
the activities nece s ily to achieve compliance),
EXPLANATION: (use additional pages ct,s news icy

Violator:
Qty-9f �Clqr�cmopjt
Facility,:
McLin Creek WWTII
County:
Catawba
Case Number:
LV-2013-0228
Permit Number:
NCO081370
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 harm has been documented. However, the discharge of BOD in excess of the permit limits could
cause a decrease in the instrearn dissolved oxygen concentration downstream of the facility. The
receiving stream is McLin Creek, class C waters, in the Catawba River basin.
3) The effect on ground or surface water quantity or quality or on air quality,
4) The cost of rectifying the damage;
The cost is unknown,
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfulty 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 authorit'; and
There have been 25 previous CPAs for the cLin Creek WVVTP with four CPAs issued in the past 12
months,
Case Number Description
L LV-2013-0190 $2,898,91 LV for BOD and amrnnpia, PqTly waspaid ,in full,
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148.91
N
-IJ
Date Andrew Pitner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources

MONITORING: REPORT(MR) VIOLATIONS for: Report Daly, 1010013 Page 2 Of 6
PERMIT! NCO081370
34
FACILITY: City of Claremont - MeLin Creek WWTIA
COUNTY.
Catawba
REGION: Mooresville
Limit Violation
7-77
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE LIMIT
VALUE
% OVER LIMIT
VlOLATION TYPE
VrOIATION ACTION
xr
07 2013 001
Effluent BOO, 5-Day (20 Deg. C) -
Concentration
07/13/13
Weekly
mg/l 12
21
75
Weekly Average EXCeeded
Non
07 � 2013 001
Effluent BOO, 5-Day (20 Deg C) -
Concentration
07/20/13
Weekly
mg,11 12 -
16
3333
Weekly Average Exceeded
Nontftf �;;e
07-2013 001
Effluent BOO, 5-Day (20 Deg C)�
Concentration
07127113
Weekly,mg/I
12
16
3133
Weekly Average Exceeded
N0441
07-2013 001
Effluent BCD, 5-Day (20 Deg C)-
oncentration
07131113
Weekly
mg/l 8 t
16A
105
Monthly Average Exceeded
No
--A
PERMIT: NCO066397
FAC ILITY:,, C isvelimd Cou
nty Schools
- Casar Etamentory School:
COUNTY,
C I t elan
ION. Moore gil
11'7
WWTP,
A
-1
Li0nit Violation
. ....................
MONITORING OUTFALL
REPORT PPI
VIOLATION
UNU­ OF
CALCULATEO
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE LIMIT
VALUE
% OVER LIMIT
WOLATION TYPE -
VIOLATION ACTION
07-2013 001
Effluent Coliform Fecal MF, M-Fd\
07131113
X month
#/100m�
0
475
Dail"'Nio
y x! mExceitded
None
Broth