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Home My WebLink AboutNC0081370_Regional Office Historical File Pre 2018 (17)Certified Mail #7015 1520 0002 6984 7764 Return Receint Rea created August 09, 2016 Catherine Renbarger, City Manager City of Claremont PO Box 446 Claremont, NC 286 10 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215, I(a)(6) and NPDE S WW Permit No. NC OO 813 70 City of Claremont .McLin Creek WWTP Case No. LV-2016-0159 Catawba County Dear Ms. Renbarger: 'Ibis letter transmits a Notice of Violation and assessment of civil penalty in the amount of $416.25 ($312.50 civil penalty + $103.75 enforcement costs) against City of Claremont. Based upon the above facts, I conclude as a matter of law that City of Claremont violated the terms, conditions or requirements of NPDES WW Permit No. NCO081370 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-21 5.1(a). Based 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, L W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of Claremont: State of North Carolina I Envitorumental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 121-2-5-0 1 of the I violations of 143-215.1(a)(6) and Permit No,NCO081370, by discharging w 1212 the waters of the State in violation of the Permit WeekFCOL Weekly Geometric Mean for !�N t.50 TOTAL CPaL PENALTY IM-35 Enforcement Costs 54L6.25 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 Fact and Conclusions of Law and the factors set forth at &S. 143B-282, I(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 violation; (2) The duration and gravity of the violation; (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 violation was 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 (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality, (do nor include waiver fortn), Payment of the penalty will not foreclose f4rdier 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 Submit a written request for remission or mitigation including a detailed justification for such (1) Whether one or more of the civil, penalty assessment factors in NCGS 1431 -282. I(b) was wrong.fall y 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. notice. The Division ref Water Resources also re nests first ors eom late and ubrrrit the errelosed "Justification for Remission RggiLest." Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The maifi4LY aaa4iiir Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel- (919) 431-3000 Fax.- (919) 43 1-3 100 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition, ism If ii have d6v duestions blease contac W �i;i � 1, � I I= W, ' Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Of Division of Water Resources, NCDEQ ATTACHAMNT Cc -. WC S Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File R�MCAUgN INl' m0159 Couta ra A"osged Purq. City of Claremont NkmftNo.-. NCO081370 At"unt MsessW: $416Z Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of 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 toN.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. 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. 14313-282. I(b) were wrongfully, applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation anti prevent future occurrences),- (c) the violation was inadvertent or a result of an accident (i.e., explain why, the violation was unavoidable or something you could not prevent or preparejor); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent yo uftom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF COUNTY OF CATAWBA IN THE ER OF ASSESSMENT ) WAIVER QI RIGHT TO AN F CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING STIPULATION OF FACTS City of Claremont McLin Creek WWTP PERMIT NO. NC 0 13 7t} CASE NO. Lev'- 016-015 Having been assessed civil penalties totaling 14j6,25 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August tl , 01 , the undersigned, desiring to seek remission of the civil penalty, 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 further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division ofWater Resources within. thirty 30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 0) days from the receipt of the notice of assessment. This the day of 20 ATTACK LNT A City of Claremont CASE NUMBER: L -- 16-016 p PERMIT. NCO081370 REGION:Mooresville FACILITY: McLln Creek WWTP UN e LIMIT VIOLATION(S) SAMPLE LOCATION: OlLffall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount /1 616 3-2016 Coliform, Fecal MF, Weekly #/100ml 400 5366.60 1,241,6 Weekly $312,50 MFC Broth,44.5 C Geometric Mean Exceeded Catherine Rhbargr, City Manager City of Claremont PO Box 446 Claremont, NC 28610 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV- t -L-g 8 Permit No. NCO081370 McLin Creek WWTP Catawba Count Dear Ms. l enha r A review of the March 2016 Discharge Monitoring Report i for the subject facility revealed the violation(s) indicated below: r r - r r � r � . r � r.. � •� s -r r - r -r r'� r r r . r � . „, r r r �; r� .rr r r . r �s. r r - r �r r � � _• . . r � rr ^° r� r � �r • r ♦ r r • war r r �r M . r� r ♦ r "-rr r �- r �r r . r-- . - . r- � °r �•. r r' ffi. # # # If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the Mooresville Regional Office at 704-663-1699. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of NoM Carolina I Environnuattal Quality I Water Rewuices 610 East Center Avenue, Suite 301, Moorewillc,NC 28115 704-W-1699 Facility: C lore rheY4 A, 1 "'0 Permit No.: A V±Id �'*Ic LI —r—ky-11L �,'Pipe No,: Month[Year: , x - 1Parameter . A&�mn Date Parameter Permit Limit ,,4jimjtj"e qMR Value ^ �p�--~—~~--° ---~----' . —~---- �/��% Over Limit � Action "Iff it _----__ -_-----_f ' ---~�—~� --~~----~ DateParameter ' Action , Values orted # of Violations � visor Remarks: - 4w 1 Z� I � by:Date:. _~ Assistant Regional Supervisor Sign Off: � - ' Regional Supervisor Sign MAR Date: iln&4 zi,',4 DIVISION OF WATER RES01IRCES - CWIL PENALTY ASSESSMENT Violator: Cily of Claremont Facility Name: McLin Creek WWTP Permit Number: NCO081370 County: Catawba Case Number: LV-2016-0159 -9 The amount of one saved by noncompliance; 6) Whether the violation was 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 April 2015 Violations (Case 4: LV-2015-0210): 4 - weekly average BOD; 3 - weekly average ammonia; monthly average ammonia-, monthly average BOD. May 2015 Violations (Case #: LV-2015-0216): 4 - weekly, average BOD; monthly, average BOD. June 2015 Violations (Case #: LV-201,5-0236): I - weekly average BOLD; monthly average BOD, July 2015 Violations (NOV-2015-1,V-0617): I - weekly average BOLA; monthly average BOD, 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office is $103.75 Regional Office Clerical Staff - one hour $15,00 Enforcement case preparation staff time -one hour $3335 Regional Office Supervisor review - one hour 1:55.40 Total: $10175 bate W. Corey Basiorg—er—, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ