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HomeMy WebLinkAboutNC0081370_Regional Office Historical File Pre 2018 (10)s. Catherine nb , City Manager City of Claremont t PO Box 446 Claremont, NC 28610 Subject: Payment Acknowledgement 1cLin Creek WWTP Permit NCO081370 Case No. LV-201,5-0143 County Catawba Dear Ms. Renbar rw This letter is to acknowledge receipt of payment in the amount of $1,146.97 received from you on 0 /19/ 01 p s payment satisfies in full the above civil assessment levied against the subject facility, d this case has been closed- Payment of this penalty in no way precludes future action by this Division isio for additional violations of the applicable Statues, Regulations, or Pennits._ 1f you have any questions, please contact Fran Thedford at 1 - d - . Sincerely, Wren Thr c. Central Files NP E Mooresville Regional Office State of North Carolinak Environmenud Quality I Water Resources 10 -,t Center Avenue, Site301, Mooresville, NC 28115 704-663-1699 Basinger, Core From: Basinger„ Corey Seat Monday, June 05, 2017 g 2 AM To. ` Renbarger cityofclarernont.org" c Pitner, Andrew; Bell, We Subject: Civil penalty case LV-2015-014 Ms. Renbarger, I hope all is well with you; The purpose of my email to ask for your assistance in; gathering information relative to a civil penalty case (LV-201 - C1 3) that was issued to the City of Claremont (McLin Creek VVTp) on August 31, 2015 in the amount of $1,146,97 for effluent limitation violations. I have been tasked with cleaning yip our database and this case is listed as outstanding without payment. if you would be so kind as to investigate within your records to determine the status of"this case, it would be most appreciated. If you have records that demonstrate this civil penalty was paid, I can correct our database following receipt of than information. I apologize in advance for any inconvenience this may cause you and the City. If you find that the civil penalty has not been paid, I would like to discuss settlement of this case with you at your convenience. I may be reached directly at 704--23 -219 ;, Many thanks for all your assistance in this matter. Corey W Corey Basinger Regional Supervisor Division of rater Resources Mooresville Regional Office Department of Environmental Quality Chairman Water Pollution Control Systems Operator Certification Commission 70-235-2194 office corey.basinger@ncdenr.gov Mooresville Regional Office 610 East Center Avenue, Suite 30 Mooresville, NC 211 K", Z-� - __ Nothirig Compares Ea?lail correspor0ence to nd sFrorn this address is sea"bf',ect to thre Noah CarolinaPublic Records i :a�i, and may t.e dischFased to third pwtk s, 0 A119012411TI WIN -1 Pat McCrory Donald van der Vaal Governor Secretary August 31, 2015 CERTIFIED MAIL 7015 0040 0002 9295 6309 RETURN RECEIPT REOUS ED Ms. Catherine Renbarger, City Manager City of Claremont P.O. Box 446 Claremont, NC, 861 0 SUBJECT: Notice of Violation ,md Assessment of Civil penalty for Violations of N.C, General Statute 143-215. 1 (a)(6) and NPDES Permit No. NCO081370 McLin Creek W'WTP Catavvba County Case No. LV-2015-0143 Dear Renbarger: This letter transmits a Notice of Violation and assessment of civil penalty in the aniount of $1146.97 ($1000 civil penalty + S 146.97 enforcement costs) against the City of Claremont. Tbis assessment is based upon the following facts. A review has been conducted of the self - monitoring data reported for April 2014. This review has shown the subject facility to be in violation of the discharge limitations found in PDES 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 (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 themaximums established by GS. 143-215.6A(,,',i)(2). Based upon the above findings of fact and conclusions of laA,,, and in accordance with authority provided by the. SecretaiT 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 Mooresville Region, hereby make the following civil penalty assessment against the City of Claremont: kbomvAfie Ri4onal Office LocatIon, 610 East CenterAve, SUite 301 Mooresville, NG 28115 Phone, I7041663-1699 1 F8,K: (7CA) 663-6040 \ Customer Servicei 1 V,7-623-6748 Interne't http:Yporta! ncdenr.orgIweb,,wq An �Equai Qppr rftrRy k AffiTaWive ACUon ElnpiqyK - 30% Rwrlk,,1110% Post Gonwrerpaper 250,00 For I of the one (1) violation of GS, 145 3-21.1(4)(6) and NP -S Pennit No. NC0081370, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. 750.00 For I of the one (1) violation of G.S. 143-215. 1 (a)(6) and NI`—Perrnit No. NCO081370, by discharging waste into the, waters of the State in violation of the perrnit monthly average effluent limit for BOD. 1000.00 TOTAL CIVIL PENALTY 146.97 Enforcement costs 114697 TOTAL ANIOUNT DUE ,Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of and Conclusions of Law and the factors set forth at G.S' 14313-2811 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the, Public health, or to private propert- y 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 damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willffilly 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. Suhruit payment of the penalty: Payment should be made directly to the order of the Department of Enviromn, cut and Natural Resources ((,to not include ivaiverform). Payment of the penalty will notforeclose further enforcement action for any continuing or new violation(s). Please submit payment to the, attention of Wastewater Branch Division of Water Resources 1617 Mail Senicc Center Raleigh, North Carolina 27699-1617 OR 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 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 vvhy 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 tactors, shall be considere& (1) -whether one or more of the civil penalty assessment factors in G.S. 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) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all info rtnation presented in support of your request for remission must be submitted invTiting. 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 will provide details regarding ease status, directions for payment, and provision for further appeal of the penalty to the Environoriental Management Commission's Committee on Civil Penalty Remissions (Co pied). 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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1,617 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 docurnent 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 nonual 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 (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by, NCGS § 1, 5011-23.2) 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 Heanngs with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone mid fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3 100 One (1,) copy of the petition must also be served on DENR as follows - Mr. Sam N4,. Haves, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please indicate the case nurnber (as found on page one of this letter) on the petition. Failure to exercise one of the options abovewithin thirty (30) days of receipt of this notice, as evidenced by an internal date/firne received stamp (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 you have any questions about this civil penalty assessment Please contact staff in the Mooresville Re tonal Offlice at (704) 663-1,699. O Michael L. Par wr gTionail—SL ate) ark , eg nal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCA ATTACHMENTS cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments ATTACHMENT CASE NO. LV-2015-0143 Outfall Date Paraffieter Repo _rtedValue PermiLLimit, 01 Week ending, 4/26/14 BOD 25 ing/L12 nig/1x (Weekly average) Denotes civil penalty assessment City of Claremont response to NOV- 015-I.,V-0170 received on April 17, 2015 was reviewed by DWR. staffs. Mitigating factors were not found to result in a reduced civil penalty amount: STATE OF NORTH lJZVA DEPARTMENTOF ENVIRONMENT AND'NAIIJRAL RESOURCES COUNTY OF CATAWBA I 'fHE MATTER OF ASSESSG,4IEI T WAIVER OF RIGHT TO AN 1F CIVIL PENALTY AGAINST ADMINISTRATIVE HE.A.RING AN CITY OF CLAREMONT STIPULATION OF FACTS PERMIT NUMBER NCO081370 FILE NO. LV-2015-0143 Having been assessed civil penaltiestotaling $1140.97for vicil tior s as set forth in the assessment document of the Division of Water Resources dated March 20. 2015, the undersigned, desiring to seek remission ofto civil penalties, does hereby wive 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 finiher understands that all evidence presented in support ofremission of this civil penalty must be submitted to the Director of the Division of Water Resources Nvithin 30 days of receipt of the notice of assessment, No new evidence in support of a remission request will be allowed after 30 dais from the receipt of the notice of assessment. This the day 2015 BY ADDRESS TELEPHONE PI ONE JUSTIFICATION FOR RENUSSION REQUEST DWR Case Number: LV-2015-0143 Assessed Party: City of Claremont County: Catawba Permit Number: NCO081370 Amount Assessed: $1146.97 Please use this forni when requesting remission of this civil penalty. You must also complete the "'Re -quest For Remission if of Rizht to an Administrative Hearl qg, and Stipulation o 'Facts 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 aNvare 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. § 14311-282. 1 (c), remission of a civil penalty may be granted only when one or more of the foliovving 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 jLbj were ,sTonamllv aoDlied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator pro abated cont' nmental darna, -ye resulting from the violation (i.e., explain the steps that yo u took to correct the violation and prevent future occurrence),- (c) the violation was inadvertent or a result of an accident (i.e., explain wky the violation was unavoidable or so inething you could not prevent or preparefiol); (d) the violator had not been assessed civil, penalties fo (e) payment of the civil venaltv skill revent payment for the remaining necessary remedial actions (i,e,, explain how pqvment of the civil penalro, will prevent youftom, pe�forming the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessonj,) Violator: City of Claremont Facility: McLin Creek WWTP County: Catawba Case Number: LV-2015-0143 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 facility exceeded the weekly average BOD pemrit limits for the we of April 26, 2014. In addition, the facility exceeded the monthly average permit limit for BOD, in April 2014. 2) The duration and gravity of the violation; 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; 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; 0 0 it IM is IN all 010�� The east to the State of the enforcement procedures. The cost to the Division of Water resources is $146.4T to Michael L. Farber, Regional Supervisor Water Quality Regional Operations Section Division of Water resources, NCDENR