NC0081370_Regional Office Historical File Pre 2018 (8)

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North Carolina Department of Environment and Natural Res,ources �Nl
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder John E, Skvarla, Ill
Governor Director Secretary
January 14, 2014
ma
CERTIFIEDMAIL 7010 1870 00011558 1474
RETURN RECEIPT gLqLESTED
Mr. Doug Barrick, City Manager
City of Claremont
P. 0. Box 446
Claremont, North Carolina 28610
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of KC. General Statute
143-215 . 1la#) and NPDES Permit No. NCO0813 70
McLin Creek WWTP
Catawba County
Case No. LV-2014-0006
Dear Mr. Barrick
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,33641 ($2,187.50 civil penalty + $148.91 enforcement 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 August 013. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NCO081 370. The violations are
surnmarized 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 (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. 143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of low, 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:
Mooresville Regional Office
Locafion: 610 East Center Ave . ;trite 301 Mooresville, NC 26115 One
Phone, [phone]\ Fax: f,7041,,6636040\CustofTierServtce 1-8711-623-6748 Noi-thCtirolina
Internet hftpllpoilaf ncdenr org/webiwq
An Equal Opportunity , Affirmrattve Ac.lion Employer - 3G%RKyde3Au% Post,-onsumer paper Natur,941

ation(s) of G.S. 1,43-215, I(a)(6) Iq
For 4 of the five (5) viol,
and 4-i3tS Pe tit No. NCO0813 70, by discharging waste into
the waters of the State in violation of the permit weekly average
effluent limit for biological oxygen demand (BOD).
37.50 For _ I of the one (1) violation of G.S, 143-215. 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 biological oxygen demand (1301)),
$148.91
TOTAL CIVIL PENALTY
Friforcernent costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A,(c), in detennining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of I,aw and the factors set forth at G.S. 14313-282. t(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 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) "I'he 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 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 waiver, .1brm), 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 Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for sueb request:

Please be aware that a requestfor 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 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 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
Bete wining 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 GS, 143B-282. I(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) whether the violator had been assessed civil penalties for any previous violations; or
(5) cArhether 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 and irtform
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 (Comrmttee).
Please be advised that the Committee cannot consider information that was not part ofthe original
ore, it is very important that you prepare a
remission request considered by the Director. eref Th
complete and thorough statement in support of your request for remission,
In order to request remissionu m, test complete and, submit the enclosed "Waiver of Right to an
Administrative Hearing and Stipulation of Facts" fortit 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 forins should be submitted to the following address-,
point Source Compliance/Enforeement I-Jnit
Division of Water Resources
t617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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
all administrative hearing. You may obtain the petition forril 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 (Nvith
restrictions),- provided the signed original, one (1) copy and a filing fee (if a filing fee is required by
NCGS § 15013-23,2) is received in the Office of Administrative Hearings within seven (7) business
days following the taxed 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
l`611ows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
"Fel -. [phone];Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows -
Mr. Lacy Presnell, General (,ounsel
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 internal date/time received startip (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 the violations are, of a continuingjlglggp��L)gLfratio�ii arldilor
bleats and you antic niaintenanc�LRr-0t)—Ie-.,.,--. -ap i.pL ate rerlaedial char struction activities.,then ecru maj, wish to
1 699,
ATTACHMENTS
Mooresville Regional Office
Division ofWater Resources
cc: Mooresville Regional Office Compliance File w/attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Filesvv/ attachments

ATTACHMENT A
CASE NO. LV-2014-0006
Outfall Date Parameter _sported
'value
Permit Limit
001 Week ending 8/3/13 BCD
18.0 mg/l,,*
12.0 mg,'L (Weekly average)
001 Week ending 8/10/13 BOD
ITO mg,'L*
12.0 mg/l, (Weekly average)
001 Week ending 8/17/13 BOD
18.0 mg/L*
112,0 ing/l, (Weekly average)
001 Week ending 8/24/13 BOD
16.0 mg/L*
12,0 mg,(L (Weekly average)
0()1 Week ending 8/31/13 BOD
13.0 mg/L
12.0 mg/l, (Weekly average)
001 8/31/13 BOD
16.O mg/l,*
8.0 mg,,L (Monthly average)
The City of Claremont did not provide a response to NOV- 2013-L,V-0705, DWR staff did
review the comments provided on the August 2013 DMR. Mitigatingfactors
were not
found to result in a reduced civil penalty amount.

STATE E CAL NORTH C ROLIN
COUNTY CAP CATAWBA
IN THE "T OFASSESSMENTOF CIVIL PEN.ALTY AGAINST
CITY OF CLAREMONT
PERMIT NO, NCO081370
DEPA .%4Et T OF EINVI ~IC I MENT
AND NATURAL RESOURCES
WAIVER OF RIGHTTO AN
ADMINISTRATIVE HEARfN'G AND
STIPULATION OF FACTS
FILE NO. LV-2014-0006
Having been assessed evil penalties totaling . i for violations as set forth in the
assessment document of the Division n of Water resources dated January14. 2014, the undersigned,
desiring, to seep remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -staled matter and doe 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 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 dad' pf._. 2014

ipSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2014-Gal 006
Assessed Party: City of`Claremont
County: Catawba
PermitNumber: NCO081aid
Amount Assessed. $2,336,41
Please use this, form when requesting remission of this eivil penalty, You must also complete, the
"&ea vy lleqt°Lng,-gn�L�
yt�st For --n-y, I�tj-r pf _BjghtLo t jdmhjk�Lra(L
.form to request remission of this civil penalty. 'You should attach any documents that you believe
support your request, and are necessary for the Director to consider in evaluating your request for
remission, Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violationts) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S, § 14313-2821(c), remission of a civil penalty may be granted only when, one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting docurnents, as to why the
factor applies (attach additional pages as needed).
(a) one or in jv �Iena�ltv _S 143B 81.11jL) were
----io_re —Of thle-c _4ssg,;smeqt factors _m C G
ji r (the assessmentfizetors are listed
�,,n,fqll, , _p, a tied to the detriment of the -IlLtion
in the civil penalty asse,ssozent do cupzen);
(b) fie; violatQLpronip -_
,tly abated contmui!ig qn-� Lirqn kcal a_pq re�sqjting fforn th
oF Vio iron (L e. , explain the su q-
-,ps that you took to correct the violation andprevent
./ature occurrence.$)"
(c) the violation wp,, �inady—ertent Pr -a —result of an accident (i.e-, explain wkv the violation
was unavoidable or something -you could not prevent or preparefir),'
(d) the v Lolani- had not ma -T[ —assessed civil pertaltigs for aUTLevious violations-
(e) pqyMent of` he gill en!1!Lw—i-ll-P-t-q-eqtpnm:g�nLCor the j1pl, ��Lqspry re�raedial
ag�y willprevent youftomperforming g Lo n a qfcivil enal p
�� (i.e., expl in how pqyment 'the
the activities necessaij, to achieve compliance),
.xpLAN,A,,TjON,'.- (use additional pages as neeessai�v

Violator-
City of Qarernont
Facility:
McLin (-'reek WWTP
County:
Catawba
Case Number:
1,V-2014-00tad
Permit Number:
NCO081370
jigill��11111!
A 1: LIMA
2) The duration and gravity of the violation;
The BOD concentration was 18.0 mg/L, 1TO mg/L, 18.0 mg/L, 16,0 mgIL, and 13,0 mg/L on July
31st, August 5th, 12th, 19th, and 26th. Each was the only sample collected during the monitoring
week in question causing five weekly average violations compared with the permit limit of 12.0 mg/L
(50.0%, 41,7%, 50%, 33,3% and 8.3% over permit limit respectively). The elevated concentrations
contributed to a monthly average BOD concentration of 16.0 mg/L, which exceeded the permit limit of
8.0 mg/L by 100.0%,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown, However, BOD is treated as an in -stream toxicant by
the State of North Carolina, As an oxygen -consuming waste increased concentrations could reduce
the amount of oxygen available to aquatic organisms downstream from the discharge.
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;

process. the highest flow noted on the August 2013-D1 R was 0,304 ; it was the only one
greater than the 0,300 MGD permitted flow limit.
The prior record of the violator to complving or failing to comply w4th programs over which the
Environmental Management eat it on has regulatory authority,; and
`here have been 26 previous PA for the McLin Creek WWTP with five CRAB issued in the past 1
months.
r Case Number ref
Desc
ion
_.
�F 4 1 LV for P 1Y and ammonia, Penalt full. ray paid in full.
LV-2013-01 1 x 4. 1 LV for 1 a d� _ Y
LV-C�13-ti1�l ` 3�.1 LV fir �
_ _ .and ammonia, q.Pnaltwra laid in fill,
LV 1-01 7 ° $1,148.91 LV for BOD and ammonia, Pe Itywa aijjn full.
z
t 13- 13 397. 4 LV for BO . Penaltjr way and in fill.
) The cost to the State of the enforcement procedures.
.
The cost to the Division of Water Resources is $148.91 ,
ate inhaal L. ParkerR , egienal uperviar
Water Quality Regional Operations Section
Mooresville ville Regional Office
Division of Water Resources

MONITORINry RFPORTIM I VtfOt TUI f^r Round Date: 121G4d13 Pats : 1 of 5
PERMITO081370
FACILITY: City of Claremont - ` Lin Crook WWTP
Catawba
REGIOW Mooresville
Limit Violation
t
MONITORING
CUTFALL t
VIOLATION
UNIT OF
CALCULATED
p
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE LIMIT
VALUE
COVER L IMIT
VIOLATION TYPE
VIOLATION ACTION
( �I t
08 -2013
001
Effluent
BOO, 5-Day (2 Deg, } �
0810311 "3
Meekly
rrlgll
12
�
18 50,
Weekly Average Exceeded
None
IL
Concentration
t °
08 -2013
001
Effluent
BOD, _Guy (20 Deg, ) -
08MG/13
V kIy
mg1l
12
17V
41 A7
Weekly Average Exceeded
None
Concentration
entratio
08 -2013
001
Effluent
BOD, 5-Day (20 Deg, C) -
08117113
Weekly
rrgA
12
18VxM
50
Meekly Average Exceeded
None
Concentration
08 _2013
001
Effluent
l3DD„ 5-Day (20 Deg. D) -
08124113
'Weekly
m9A
12
15Y`
33,33
Weekly Average Exceeded
None,�� �I
•,
Concentration
08 -2013
001
Effluent
BOD, 5-Day (20 Deg. Cl .
08/31113
Weekly
rngll
8
181v
100
Monthly Average Exceeded
Norge
Concentrafion
08 _20'13
001
Effluent
BOD, 5-Day (20 Deg. )
08131113
Weekly
rrrgll
12
12v
8,33
Weekly Average Exceeded
None
�. .
6rkr,,er$n
PERMIT: NCO071943 FACILITY: Town of Bolling Springs - Boiling Springs WWTP ll~ITY: Cleveland REGI N: Moo , �3
1-Imit Violation
MONITORING C)UTFALL I VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %COVER LIMIT VIOLATION TYPE VIOLATION ACT$ON
08-2013 001 Effluent Cclifcr i, Fecal MF, lvl-FC; 08/03/13 Weekly #1100rn1 400 410`/ 2.5 Weekly metric Mean; None
8lroth,44.5C Exceeded

`A / • t- s
irei
AP
Previdus
mod Penalties None of prior O&haftle� Were reduced
DMIR
as ...
Comments:
DMIR
Pi&i6us ! "s penalties
ViotM m o
Rat.
There were three weekly BOD violations 91. %, %, and % over
limit), monthly BOD violation . % over), and monthly ammonia
violation .4% over); four of five assessed -only BOD. DMR notes, `"The
facility influent flow contained foaming surfactant, which caused an upset
to the plant process. We are continuing to feed surfactant micro-
May-1 3 organisms to help speed recovery to the plant process. In addition, the
City of Hickory and City of Claremont are meeting with local industries to
talk about the use of surfactants in their processes and possible ways to
reduce the amount that is used. We are continuing to monitor industries
for flaw characteristics to fired possible sources of the problem to prevent
future violations.'
Rear. u, 1-1i0/14
Page "I of

NPDES DMR Violation Penalty Worksheet
There were three weekly BOD violations (33a3%, 183 3%, and 108.3%
over limit), monthly BOD violation (13 .2% over), two weekly ammonia
violations (56.5 and 136. % over), and a monthly ammonia violation
(149.4% raver), seven of seven violations assessed. C IU R notes, "The
facility is still struggling to recover from the upset that occurred. The
increased- rainfall we have received has significantly slowed the recovery
process.: e are continuing to feed surfactant micro-organisms along with
regenerative micro-organisms to help speed recovery to the plant process.
June-13
In addition, we are continuing to monitor industries for flow characteristics
to fired possible sources of the problem to prevent future violations." The
flow data reported on the June 2013 DMR was reviewed. The plant is
permitted to handle 0.300 MGD flow. The highest flow noted on the June
013 DMR was 0.36 MGD and there were only 3 of the 30 days in the
month with a flow 0. 0 MGD. The average influent flows from January to
June 2013 were 0.16 MGD, 0.157 MGD, 0.132 MGD, 0.154 MG , 0.135
MGD, and 0.141 MGD so rainfall does not appear to be impacting the
influent flow in June.
There were three weekly BOD violations (75 33.3%, and 33.3% over
limit) and a monthly BOD violation (105% river), four of four assessed.
t notes, `the facility received abnormally high amounts of rainfall,
which in turn caused hydraulic overloading at the facility. This has
Julys-13
significantly slowed the recovery process. We are continuing to feed
regenerative microorganisms to help speed recovery to the plant process."
The highest flow noted on the July 2013 DMR was 0.454 MGD and there
were 4 of the 31 days in the month with a;flowv 0.30 MGD (permitted flow
limit).
Other Relevant Some flow from Claremont forth WWTP directed to McLin Creek WWTP
Information:
including washw ter from trucking site high in surfactants; permitted flow
of 0.300
Proposed
enact
[Outcome:
Icreas+s e+crease Same
Penalty,167.0
Final Penail
�,�
Notes: lUER6
iAi
Page 2 of 2
Rev. 0, 1-1011