NC0081370_Regional Office Historical File Pre 2018 (15)

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Water Resources
IENVIRONMENTAL QUALITY
I u 111 in
I TII.4IEl JIL 7013 2630 0001 8998 4285
Ms. Catherine I enbar er, City Manager
City of Claremont
PA Brix 44
Claremont, NC 28610
Dear Ms, Reu ar cr :
PAT MCCRi "
Go"emor
DONALD R, VAN DER VAART
ewre,ary
S. JAY ZIMMERMANr
Director
�'4d ' n
Concerning our Request to remit Civil Penalties
North ` "fP` NPDES Permit NC0012662
Case Numbers LV-201.5w 2 0, LV-2015- 2 4
McLin Creek WWTl NPDES Perr it NCO0 121
Case ur bers LV-2 15-02 5, I, -2101 -02 ,
L-2t11.5- 21 , L -2 15- 21%, LV-2015-0236
Catawba County
In accordance with North Carolina General Statute 1.4 -` 15. A(tf), the Director of the North
Carolina Division of eater Resources (the Director) has considered the information you submitted
in support of your request to renut civil penalties assessed in the subject cases. The subject
penalty -assessment cases total $11,272.55 (including investigative costs of $1,022,55),
The Director has granted Partial remission for all seven 2 cases, 20% of assessed penalties,
excluding investigative costs. This resolves to a total amount flue of $9,222.55 [$10,2500.80
,2 .00 _t 1, 22.55]. We have attached a coley ofthe Director's decisions summary.
'Two options are available to you at this stage of the remission process:
1 You may pay this balance..
If you decide to pay the penalty; please male your check payable to the Department of
Environmental Quality D . Bead the payment, within thirty calendar clays of receiving
this letter, to the attention o
s. Wren Th dfurd
N'CDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27 -1 a12
O

North Carolina Department of Environmental Quafity
Pat McCrory Donald van der Vaart
Governor Secretary
September 24, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3700
RETURN RECEIPT REQUESTED
Ms. Catherine Renbarger, City Manager
City of Claremont
P.O. Box 446
Claremont, NC, 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. NCB O0813 70
McLin Creek WWTP
Catawba County
Case No. LV-2015-0236
Dear Ms. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1396,97 ($1250-00 civil. penalty + $146.97 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 June 2015, This review has shown the subject facility to be in violation
of the discharge limitations found in NPICES Pe it 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 Cm lareont violated
W
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(;t)(2).
used. -upon the above findings of fact and conclusions of law, and in accordance with authority
Provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources, It Michael L Parker, Regional Supervisor for the Mooresville Region,
hereby make the following civil penalty assessment against the City of Claremont-
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] \ Internet, www,nedormilay
An Equal OMTrunity \ Affirmative on Ernp�yer - Made In part by recydad Paper

$ 31150 For I of the one (1) violation of G.S. 1,43-215.1(a)(6) and
NPDES Permit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for BOD.
$ 937JO 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 BOD.
1250-00 TOTAL CIVIL PENALTY
146.97 Enforcement costs
$_ 1396.97 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), in determining the amount of the penalty 1 have, taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282. 1 (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) The 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 m List do one of the following.
1. Submit payment of the penalty:
Pay . meat should he made directly to the order of the Department of Environmental Quality (do
not include ivaiver.form). Payment of the penalty will not foreclose her enforcement action for any
continuing or new violation(s).
Please submit payment to the attention of
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

1111111 Illilill � iiiii! � I I Ill l 11 1 pill �l 1� 1111 Ill 11
ZMEEMCM3=
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 am, ount 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 deten-niningAlliether 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. 1431 -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 Nvill 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
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 farther appeal of the penalty to the
Environmental Mmiagement Commission's Cornnuttee 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
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 27699-1617
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 an administrative hearing. You may obtain the petition for 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 holUkys. 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 § 15013-23-2) 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 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 follows:
Office ofAdministrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax. [phone]
One (1) copy of the petition must also be served on DEQ as follows -
Mr, Sam M. Haves, General Counsel
DEQ
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 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 Regional Office at [phone],
(Date) �� ,,7-Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: Mooresville Regional Office Compliance File v/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE O. LN7-2015-0236
Outfatt Date Parameter Rworted Value Permit Limit
001 week ending 6/13/15 BCD 17 mg/l* 12 mg/l (Weekly Average)
001 6/30/15 BOD 1038 mg/l* 8 mg/l (Monthly Average)
Denotes civil penalty assessment
it, of Claremont response to NOV-2015-L'V-0563 received ptember 8, 2015 was
reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil
penalty amount.

STATE OF NORTH CAROLINA DEPARTMENT OF"ENVIRONMENTAL
QUALITY
COUNTY F CATAWBA
IN THE MATTER OF ASSESSMENT `AIVER. OF RIGHT TO AN
F CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
CITY OF' LA _"MONT ) STIPULATION OF FACT
}
PERMIT NUMBER NCO081370
FILE NO. LV-2015-0236
Having been assessed civil penalties totaling $1396.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated Autiust 27. 2015 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 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 day of 01
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REIMISSION-gy,_QUEST
DWR Case Number: LV-2015-0236
Assessed Party: City of Claremont
County: Catawba
Permit Number: NCO081370
Amount Assessed: $1396.97
Please use this form when requesting remission of this civil penalty, You must also complete the
"Request For Remission Waiver'ol'Right to an Administrative Hearing and Stipulation o,f 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 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 document,
Pursuant to N.C.G.S. § 14313-282.1(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 assessment factors in N.C.G.S. 143B-282.1(1 were
(the assessmentfiactors are listed
in the civil penalq, assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., e.vplain the steps thatyOu took to correct the violation and prevent
juture occurremves),,�
(c) theviolation was inadvertent or a result of an accident (i.e., explain why the violation
ivas unavoidable or somethingyou could not prev ent air preparefior)'-
(d) the violator had not been assessed civil _penalties for any2revious violations;
(e) r the remaininn necessary remedial
actions (i. e., explain how paj,,ment qf the civilpen alq, will prevent youftom performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessaij)

Violator:
it of Claremont
Facility:
McLin Creek WWTP
County:
Catawba
Case Number:
LV-2015-0236
Permit Number:
NCO081370
2) The duration and gravity of the violation; The BOD weekly average effluent limit violation
exceeded the permit limit by 41 .7%. The OD monthly average permit limit violation was exceeded
by 29. 8% during the month of June 2015.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown. BOD is an oxygen -consuming waste and therefore increased
concentrations could reduce the amount ofoxygen available to aqoatic organisms.
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.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 35 previous CPAs for the McLin Creek WWTP with six prior CPAs being issued
within the past twelve DMR, months. The last CPA was issued on September 22, 2015 for BOD
violations that occurred in May 2015.
8) The cost to the State of the enforcement procedures. The cost to the Division of Water Resources
is $146.97.
2wq
Date Michael L Parker, Regional i pervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

DWR, - CIVIL PENALTY RE MISSION FACTORS
Case Number: LN72015-0236 __ Region. Mooresville County:
---.--.Catawba
Assessed Entity,: _,j`�M !uont, eLin Creek- ANVNVTP
Permit No,: NCO081370
Assessment Factors
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
NOT ASSERTED — Not Applicable,
DNV R Notes:
El N Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERT l —loot Applicable:
D)NIR, Notes:
(c) Whether the violation was inadvertent or a result of an accident:
NOT AS SERTED — Not Applicable,
DWR Notes:
E3 (d) Whether the violator had been assessed civil penalties for any previous viohttions:
NOT ASSERJ`hD --- Not Applicable.
DWR Notes:
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
The perrnittee asserts the reason for remission request is that pay-ment of these fines will result in a Sincere
hardship for the City of Claremont in a short period and will seriously hinder the ability, of the City of Clareni,ont
to continue with the long range planning efforts.
D JVR Notes. Review of the pasifive yvars of conyViance histoi�y indicated the sulajectfiaeilify ha 5 chronic issues
in operations andlor design ofthe JkfcLin Creek TMVTP. No exIi/anation iv as provider to the Division as to the
ri�4i,,vonfori,ssi,te,vivitt7limit.vvic)latioriseat thc,sttl)jectf(,icitil,'. The CiAvqfClarernonf has had morethetas sqfficient
time to resolve issues (it the MUin Creek 11JUP, A tnitigatingfacfor to consitler in suj)port of remission is that
the civil pen alty ivi11j,?re ven1 pavnientfor ap�y remaininLg necessary reme(lial actions such as loin g rm�geplanning
efj6rts by the 00,�
— DECISION (Check One)
Request Denied
Full Remission El Retain Enforcement Cost? Yes 2' No El
00
Partial Remission $ S-0 (Enter Amount)
X/ z
Jeffrey .Poupart Date

STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
IN THE MATTER. OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
CITY OF CLAREMONT
MC LIN CREEK Nkr\N,TP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number LNI-2015-0236
REQUEST FOR ORAL PRESENTATION
I hereby request to rnakean oral presentation before the "Environmental Management Coninussion's Committee On Civil Penalty
Remissions in the matter of the case noted above, In making this request., I assert that understand all of the following, statemems:
• This request will be reviewed by the Chairnian of the Envii-onmeyita],Mai-iageniejit Commission and may be either granted or
denied,
' ', eking a presentation will require the presence of myself andlor my representative during a Committee meeting field in Raleigh,
North Carolina,
'\,Typresentation will be limited Co discussion of issues and in in
--fo—nii-ation tlb—s—pted _ininy q Irernissi -my, yt, and because on
110 factual issues are in dispute, my presentation will he limited to five (5) minutes in length,
The North Carolina State Bar"s Authorized Practice of Law Committee has ruled that the appearance ire a representative. Capacity at
quasi-judicial hearings ear proceedings is limited to laN
the beat. Proceedings before the Committee on
Remissions, are quasi -judicial. You should consider how you intend to present your case to tile Coininittee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak betme the Coilunitteeyou must complete and return this Form within thirty (30) days, of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar'Opinion affects how you may
proceed with your oral presentation, See wwNymeacb
iegILVetbics, Authorized Practice Advisory Opinion 2006-1 and 200� FOrtual
Ethics Opinion 3.N
If you are an individual or business owner and are granted an opportunity to n rake in oral presentation before the Committee,
then you do not need legal representation before the Committee; however,, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law,
If you Eire A -co or motion, as rtncrslai or meta tli and are granted an opportunity to make an oral presentation before the
Committee, then your representative trust consider the recent State Bar's Opinion and could be considered practicing law
without a license if he car she is not a licensed attorney. Presentation of facts by non -lawyers is permissible,
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
Arad this Oral 'Presentation, Request form are: 1),for individuals and business owners, your own signature taid 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar' s Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning, the authorized practice of law has OCCUrreif
This the dav of 20--
SIGNATURE
TITLE (President, Ovvner, etc.)
TELEPHONE

STATE OF TH CAROLINA DEPARTMENT OF ENVIRONI E TAI
COUNTY F CATAWBA
QUALITY
IINT THE- MATTER OF ASSESSMENT j WAIVER F RIGHT TO A
OF CIVIL PENALTY AGAINST ADNtINISTRATIVE HEARING AND
crry OF CLAREMONT STIPULATfON OF FACTS
}
FILE NO,LV-2015-0236
Having been assessed civil Penalties totaling ' for l lation(s) as setforth, In the
assessment document of the Division of Water Resources urces dated Agggst 27 2015, 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
ent
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
f 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 day of
1
/A 0,y___
ADDRESS
,l
G
TELEPHONE

DWR Case Number: LV-2015-0236
Assessed Party: City of Claremout
County: Catawba
Permit Number: NCO081370
Amount Assessed: $1396,97
Please use this form when requesting remission of this civil penalty. You must also complete the
lrt
,iinistrativp Th—vin and Sri ulation 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 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 document,
Pursuant to KC.G.S. § 14313-282,1(c), remission of a civil penalty may be granted only when one or
more of the following flive 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 mg -re of the 9 assessment f ere
the detriment of the oner
iv-���Q ' - --q�e �etiti the assessment factors are listed
it? the civilpenalty assessment document);
-- -on
(b) the violator pir2=ly abated contin nental damage resulti
violation (i,e, explain the steps thatyou took to correct the violation andprevent
fiaure occurrences);
(c) the, violation was inadvertent or a result of anaccideaat(!,e, lain by the violation
was unavoidable or something you could notprevent air preparefor)
;
(d) the violator had got eon assessed civil z�raates for axay reviorts virslatlaras
(e)wentr the rernai 'na RqqgE��aedaal
willprevent yo u from performing
EXPLANATION: (use additional pages as necessary)