WQCS00221_Regional Office Historical File Pre 2018 (11)

V
CITY OF CLAREMONT
May 25, 2011
Mr. Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
NA r P n k krplic
Surface Water Protection Section Regional Supervisor
61 East Center Ave, Suite 301
Mooresville, NC 28115
RE: Assessment of Civil Penalty for Permit Number WQCS00221,
City of Claremont, Catawba County; Case No. OV-201 1-0001
Dear Sirs;
The purpose of this correspondence is to request remission of the above referenced
violation due to decision factor number 5, ILWhether payinent of the civil penalty will
prevent payment for remaining necessary remedial actions'. The City of Claremont takes
all instances of violation very serious and expediently attempts to resolve issues which
firay cause or contribute to the potential for violations,
The violation in question is due to the fact that the City of Claremont did not have a
documented Operator in Responsible Charge as required by NC General Statues for the
ownership and operation of a permitted Collection System, The City of Claremont has
been in a period of transition with both City Management and POT Operations that has
influenced the successful operation of the Systern. The current City Manager has been
with the City of Claremont for approximately 8 months and has taken an aggressive
stance towards resolving the underlying issues surrounding the overall operation of the
City of Claremont POTW, This partnership wNitli the City of ffickory as the Wastewater
Treatment Facility and Lift Station operators has resulted in substantial investigation of
the System to determine the overall operation -vitality and problematic areas of the
operation that need to be addressed,
The City ol"'Clareiriont and City of Ffickory have worked to resolve nuftlerOLIS issues thA
have all come to light within the last approx linately 12 irionths due to the evolving
operations of'soine industry within the City's Service Area and a crippling Tornado that
828-459-7009 City all- 828-459-0596 Fax
3288 East Main Street - Post Office Box 446 - Clan-tont,, NC 28610

resulted in substantial damage to the City. These issues will be ftirther explained below
but consist of problematic constituents in the tributary flow to the McLin WWTP
resulting in permit violations, unexplained elevated tributary flow levels into the North
WWTP resulting in pen -nit violations, investigation in the need for Pretreatment Program
reconstitution due to problematic constituents into the PCW and the lack of a Collection
System Operator in Responsible Charge and Back-up.
The McLin WWTP is the largest Treatment Facility owned by the City of Claremont.
This facility is a 0,300 MG D Sequential Batch Reactor type system that receives all the
industrial based wastewater for the City, of Claremont along with a substantial portion of
the domestic flow from the City� The McLin WWTP began to experience difficulty with
tributary flows due to higher levels of BOD, TSS and Surfactants in the influent flow to
the facility which resulted in poor settling and toxic shock to the organisms. 'The City of
Hickory and City of Claremont began, an aggressive sampling regime of targeted
industry, optimized the cycles of the Batch Reactor and began supplementing the
treatment process with additional organisms targeted at improved treatment for specific
parameters. This has been a significant financial commitment by the System, The City
Hof Claremont and City of Hickory have also invested in mechanical it to the
Grit Removal System, Bar Screen, Blowers, Operations Computer and Sand Filters.
The North WWTP is the other facility owned by the City of Claremont and is as
conventional treatment facility. This facility receives principally domestic wastewater
with a small component of restaurant and commercial flow, This facility has experienced
difficulty with unexplainable elevated flow levels that have resulted in violations, The
City of Claremont has investigated the Collection System tributary to the North WWTP
and has not discovered any sources of inflow/infiltration that would have been
anticipated. All aerial sanitary sewer crossings and creek crossings have been inspected.
The only deficiency noted was a visible crack in an aerial crossing adjacent to the North
WWTP. This crossing has since been replaced with approximately 300-Ift of new ductile
iron pipe, This deficiency was not severe enough to begin leaking. No other deficiencies
were noted during the inspections, The City of Claremont has invested in a portable flow
meter that has been installed in the Collection System at various points to begin the
establislunent of a baseline flow for lines tributary to the North 1vVNVTP and recently staff
began further investigation of branch lines off the inain tributary lines.
The City of Claremont requested for discontinuance of their Pretreatment Program in
2007 due to industrial modifications that negated the need for an active program. Due to
the trend of increasing levels of BOD and TSS at the McLin WWTP NC DEN Staft'
from the Mooresville Regional Office expressed an interest and concern that industrial
contributors may be causing some treatment inhibition. Staffs forrn the City of
Claremont and City of Hickory met with NCDENR Staff to explore the potential of this
situation and began an investigation into the problematic flows. The City of Claremont
and City of Hickory has since requested Industrial Waste Surveys to be completed by all
Indus,trial/Cominercial properties within the service area resulting in 26 short forms and
15 long fonn surveys being distributed. From this effiort all surveys have since been
collected except for 2 short forms from restaurants. The City of Hickory, upon approval

i the City of Claremont, has also begun baseline sampling of targeted industries
Iting from the surveys. This sampling constitutes a substantial monthly financial
mitt-fient from the City of Claremont to comply with the request of NCE)ENR to build
baseline infon-nation and better understand the tributary flows. The City of Claremont
and City of Hickory have begun working, with a local industry that is a substantial
contributor to the Mcf.in WWTP on plans for improved Pretreatment System Operations.
T it is industry ,, is not categorical, does not exceed flow requirements in NC General
Statues and does not exceed 5% MAHL for any parameter, The City of Claremont has
worked to obtain a Grant forma the Golden Leaf Foundation to fund the purchase of
equipment for the improved Pretreatment System and the industry will be expending
Capital, to complete the effort. This project is essential to ensure that the flow does not
continue to be problematic for the POTW while allowing the industry to expand it
operations.
Finally, the City, of Claremont owns, manages and operates a permitted Collection
System under the permit number of WQCS 00221 . Due to change over in operations
staff and City Management this issue has gone unchecked for sometime. 'file City of
Claremont and City of I lickory have since negotiated a contract for tile City of Hickory
to provide the services of a certified operator to ensure the proper management and
operation of the City of Claremont Collections System and to register as tile Operator in
Responsible Charge (ORC). This contract will result in substantial financial commitment
by the City of Claremont to ensure that a certified operator is representing them and
documented as there OR,C. The City of Hickory has been working extensively with the
City of Clarerriont in all their efforts and investigation to the numerous issues, therefore
informal oversight has been rendered to the system without the official docurnentaction of
a certified operator. The City of Hickory and City of Claremont have agreed to the basis
of the contract and attached you will find a signed ORC Designation Form documenting
the establishinent of this relationship effective July 1, 2011.
The City of Claremont and the City of Hickory have been and continue to be vigilant in
the investigation of occurrences of non-compliance for the POT W and determining the
appropriate corrective actions, The City of Claremont has expended substantial
additional money above the budgeted aniounts over the past Fiscal Year to correct issues,
investigate situations, replace capital equipment and position the System for improved
operation. During these times of extremely tight finances and ever increasing demands
for revenue, the City of Claremont has continued to implement and incorporate the
requests of City of Hickory operational staffand perform analysis suggested by City of
Hickory Laboratory/Pretreatnient Staffand NCDENR.
The City of Claremont requests that this Assessment of Civil Penalty be granted
remission frorn collection, such that this financial burden may be used to continue the
efforts of iinproving the overall POTW. The funds that would be used to pay for this
Civil Penalty will be used to implement as capital expenditure requested by the City of
Ifickory to replace the inechanical components of the Rectan.,Ular Clarifier at the North
WWTP, Without remission of this Civil Penalty the City of Claremont can not
financialtv afford to embark on this essential project.

The City of Claremont and City of Hickory sincerely appreciateall the o r tion an
assistance that has been extended by the Mooresville Regional Office, We r rnain
committed to the continued improvement of the Claremont POTW and look f"onvard t
future days of compliance..
Thank you in advance too yo ur understanding and cooperation. Should you have any
questions or concerns, please do not hesitate contacting rile to discuss.
RcspectfullSubmitted;
Mr. Doug Barrick
City Manager City of Claremont
PC: Mr. Kevin B. Greer, PE, City of Hickory
Mr. M. Shawn Pennell, City ofHickory

Beverly Eaves Pardue
Governor
A Nk
NCDENR
North Carolina Department of Environment and Natural Resources
Division of'Water ualit
C1len H, Sullins
Director
May 4, 2011
CERTIFIED MAIL
RETURN RECEIE12LQLE�M
Mr. Torn Hogg
City of Claremont
P.O. 'Bay 6
Claaa'i~a font 1'~~dC 2861
SUBJECT.- Assessment of Civil Penalty
for Violation of Pe pit Conditions
Pern,ift Number WQCS00221;
City ofClaarenlont
Case No. OV-201 1-0001
Catawba County
Dear Mr, Hod -
Den Freeman
Secretary
This letter transmits as notice of civil penalty assessed against the City of Claremont in the amount of
S421 ta.23, which includes S216,23 in investigative costs. The assessment document explaining this penalty is
attached,
This action was taken under the authority crested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality, any
continuing violaation s may be the subject of a new enforcement action, including an additional penaalty.
Within thirty days of receipt of this notice, ou must do one of the following three items:
. Submit payinent of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources, Payment of
the penalty will not foreclose further enforcement action for any continuing or new violation( ). Do not include
the attached waiver form ifmaking payment.
Please send payment to the attention of.
1617 MW 3srvlca Center, Pasbgh, Nor1h Carolina f 699-161'
Location 31' N. Salisbury S1, Raleigh, NDiTh C anchor 76-04 C)n
Pnonp:919807-330u FAX[phone]aC=usturrer,arvim 1-377-623-6 98 North.arolg
in,,t
ir�trr'te9 LVru4� nr �t�Er r �i16rt �it� Naturally

PDaryl Merritt
Division of Water Quality P7Er
PERCS Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation 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 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. 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 and agreement 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 Quality 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 NCGS 14313-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing,
The Director of the Division of the Division of Water Quality will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case status,
directions for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee 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 "Request for Remission of Civil
Penalties, 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, Quality also requests that you complete and submit the enclosed
"Justification for Remission Request," Both forms should be submitted to the following address;
*tW Mad Service Center. Rabigh, NorthCanDiina27,699-161"
Locatton512 N, Ga4shury St. Raleigh, North Gardina 27604 One
Phow 919-B07-6,300, FX 9 19-ROT(A92 \ Customer Serv�ce: 1 V7-623-6748 North(,'alrofina
IrAernet: wwwmateRjuafty,mg
An --: �:u,,O (Xpof4.n,P,4,,j , Ac�-,,,, Alaturally

prI Daryl Merritt
Ph; Unit
Division of Water Quality
1617 Mailervice Center
Raleigh, North Carolina 27699-1617
AND
Rob Krebs
Surface Water Protection Section Regional Supervisor
6 10 East Center Avenue, Suite 301
Mooresville, NC 28115
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 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 no gal office
hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00
a.m, and 5:00 p.rn., except for official state holidays. The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings. The petition may be taxed - provided the original and one copy of
the document is received in the Office of Administrative Hearings within five (5) business days following the
faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
COPIES OF THIS PETITIONMUST BE MAILED OR-HAND-DELIVEIZE D TO:
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
AND ALSO
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
1617 Mail Smice Gsnlm-F. Riak,Ejh, North Carolina 276,19-1617
Locaton: 512 N- SahsbLnSt Raiegh, North Carofna 27604
PhOrie, 919-807-6300', �Ak 919-807-6492,L Customer Service! 1 877-623-6748
fnlerpeL www'novalerquaVy 0�g
Ar(),pporturMy' A 11wTvah,,,, A c�;'u'� Enpiqe�
Girie
NorthCarolina
i'Alaturally

ease indicate the ease number as found on page one ofthis 'letter) on the petition.
Failure to exercise one of the options above within thirty () days of receipt of this letter, as evidenced by an
internal date/time received stamp (neat a postmark), will result in this matter reins 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 pentad of this assessment:
If you have any questions, please contact Daryl Merritt at (1) 07-6 0
Sincerely,
Ae"A-
Deborah Gore, Supervisor
Pretreatment/Emergency Response/Collection Systems Unit
/ddzn
Attachments
hments
cc: Mooresville Regional ional Office eat/ attachments
Enforcement File F/ attachment
Central files / attachment
1617 Mad Service Center Raleigh, North CardIna 2 699-1617
Location: 512 N Sa4sbu€y 3t Raleigh, North Garokia 27604 01le
Phnnt 91H07 6330 x FAX ` 19lint 64921iia$l�)iner l,�'ervict 1-377-623•6748 NorfhCarofina
Ar, Daant op =7 v v Alf rma v,, etal
ar ,: �sdiiY,raGi,2G�F�ty t 3 E E.;. �u A,I'von Uq,lriytaF'

JE OF Nt3P"I`H CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NT " OF CATAWBA File No. -2 1 1 -0001
1114 2 E I ATTE F1
ITSF LA MONT/
COLLECTION SYSTEM
FOR VIOLATIONS OF:
PERMIT NO. `fit S 0221`
AND NORTH CAROLINA
ADMINISTRATIVE CODE 08G.0201
FINDINGS S AND RECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Actin; pursuant to delegation provided by the Secretary of the Department of,
Environment and Natural Resources and the Director of the Division of Water Quality (DWQ)1
Deborah Gore, Pretreatment, Emergency Response and Collection Systems Unit Supervisor in
the Surface Water Protection Section of the Division of dater duality, make the following
1. FINDINGS S OF'FACT.
A. The City of Claremont, (hereinafter City) is a municipality organized and existing;
under the laws of the State of North Carolina;
B. The City operates the Collection System which conveys wastewater to the ity's
two wastewater treatment plants located in the City of Claremont, in Catawba
County, North Carolina;
' The City was issued Collection System Permit No. WQCS00221 on May 29,
2007, with an expiration date of April 30, 2012 which has now been, extended
until April 30, 2015 due to enactment of SL 009-fa for the operation and
maintenance of the wastewater collection system..
D. The Permit contains the following relevant operation and maintenance
requirements:
Upon classification ofthe collection system by the Water Pollution. Control
System Operators Certification Commission (+IPCS CC), the Permittee shall
designate and employ a certified operator to be in responsible charge (ORC) and
one or more certified operator(s) to be back-up OR '(s) of the facilitiesin
accordance with 1A NAC 8G.0201.

City of Claremont/ Collection System
Findings and Decisions
Page Two
F. Part 11, Section I of the Collection System Permit states, in part, that "Upon
classification of the collection system by the Water Pollution, Control System
Operators Certification Commission(WPCSOCC) the Permittee shall designate
and employ a certified operator to be in responsible charge (ORC) and one or
more certified operators to be back-up ORC(s).
G. 'rhe DWQ issued a Notice of Violation (NOV) on April 20,2010 to the City for
failure to comply with permit conditions for designation of an operator and proper
recordkeeping for system operation and maintenance.
The DWQ issued a second Notice of Violation (NOV) Notice of
Recommendation for Enforcement (NRE) on October 20, 2010 to the City for the
following: failures to designate an Operator in Responsible Charge (ORQ and/or
backup ORC for the Collection System Facility.
H. The City's prior record of compliance with programs over which the
Environmental Management Commission has regulatory authority is as follows:
A civil penalty (Case No. DV-2010-0096) in the amount of $544.87 was assessed
on November 4, 2010 for a discharge violation from the system. The penalty has
been paid in full.
I. 'rhe costs to the State of the investigation and enforcement procedures in this
matter totaled $216.23.
Based upon the above Findings of Fact, I make the following:
11. CONCLUSIONS OF LAW -
A. The City is a "person" within the meaning of G S. 14' )-215.6A pursuant to G.S.
143-212(4)
B. Collection System Permit No. WQCS00221 is required by GS� 143-215. 1.
C. The City violated 15A NCAC 08GO.201 from July 2009 until March 2011 by
violating the conditions of the permit by not designating a certified operator for
the collection systern after the City ended the contract with Woodard and Curran.
D. A civil penalty may be assessed in accordance with the maximums established by
G.S. 143-215.6A(a)(2).
E. The State's enforcement costs in this matter may be assessed against the City
pursuant to G.S. 143-2153(a)(9) and G.S. 143313-282.1(b)(8).
F. 1, Deborah Gore, C�
pursuant to delegation provided by the Secretary of the
Department of Environment and NatUral Resources and Director of the Division
of Water Quality, has the authority to assess civil penalties in. this matter,

P!
City of Claremont/ Collection System
Findings and Decisions
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
lllDECISION:
Accordingly, the City of Claremont is hereby assessed a civil penalty of:
2,0K00 For I failure to designate an operator in responsible charge for
twenty one (2 1) consecutive months which is a violation of 5A
NC AC 8G 0.20 1, and Permit Condition 11. 1, of Collection System
Permi t N umber WQC S 0022 1.
$ 1000.00
$ 216.23
$4
1216.23
For I failure to designate a backup operator in responsible
charge for twenty one (2 1) consecutive months which is a violation
of 15A NCAC 86 0.201, and Permit Condition 11. 1 of Collection
System Permit Number WQCS0022 1.
Enforcement costs.
TOTAL CIVIL PENALTY
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 in 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.

'rF
City of Claremont/ Collection System
findings and Decisions
P P
age Four
I)at Deborah Gore
PERCS Unit Supervisor
Surface Water Protection
Division of eater trait
ATTACHMENTS
CC: Water Quality Regional Supervisor w/ attachments
PERPERCS Unit Enforcement Pile °/ attachments
Central Files w/ attachments

JUSTIFICATION FOR REMISSION REQUEST
DWO Case Number: OV-2011-0001 County: CATAWBA
Assessed Party: CITY OF CLAREMONT
Permit No.: WQCS00221 Amcunt Assessed: 14gl6.23
MEN VAMBS �'
- (b) the violator 2[qMpj[y abated continuing environmental damage resultiria from
the violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation wag inadve!Lent . or_j qLsUlt �qf
gn,,aqpident (i e., explain Why the
Violation was unavoidable or something you could net prevent or prepare for);
- (e) payment of the civil penalty will prevent Dayment for the remaining necessM
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional canes as necessarv):

pppr
STATE OF NORTH CAROLINA ENVIRONMENTAL TAL MANAGEMENT COMMISSION
COUNTY F CATAWBA
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHTTO A
F CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
CITY OF CLAREMONT STIPULATION OF FACTS
CASE N . V-2fi1 1-0001
Having been assessed civil penalties totaling JIZ16.23 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Quality dated /04/2011, 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 rust be submitted to the Director of the Division of Water Quality within thirty (0) days of receipt of the
civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (0) days
from the receipt of the civil penalty assessment.
This the . day of 20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

N ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 4, 2011
L 1 Y
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Torn 1,,Iog_g
Citv of Claremont OFFICE
P.O. Box 446
Claremont, NC 28610
SUBJECT: Assessment of Civil Penalty
for Violation of Permit Conditions
Permit Number WQCS00221
City of Claremont
Case No. OV-20 I 1 -000 1
Catawba County
Dear Mr. Hogg:
This letter transmits a notice of a civil penalty assessed against the City of Claretriont in the amount of
$42116.23, which includes $216.23 in investigative costs. The assessment document explaining this penalty is
attached.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality, Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources. Payment of
the penalty will not foreclose her enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of'.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One
Phone: [phone] \ FAX, 919-807-64921 Customer Service� 1-877-623.6748 NorthCarofina
Internet: www.ncwaterquahty.org
An Equal Oppwiunity i Affirrmfive Action Employer Naturally

Daryl Merritt
Division of Water Quality
PERCS Unit
1617 Mail Service Center
Raleigh, North Carolina, 27699-1617
OR
(1) Nvbether one or more of the civil penalty assessment factors in NCGS 14313-282.1 (b) was 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 evidence presented in support of your request for remission must be submitted in writing.
The Director of the Division of the Division of Water Quality will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case status,
directions for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee 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.
•
1617 MaO Service Center, Raleigh, North:Carolina 27699-1617
Location: 512 N. Salisbury St, Rales h, North Carolina 27604
Phone: [phone]', FAX: 91M07-6492 \ Customer Seroce: 1 V7-623-6748
Internet- www wwaterquafity.org
An Equ4t Opportunoy\ Atmairve Action Empbyer
One
NorthCarofina
Naturally

Daryl Merritt
P:RS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 7- 1 1
AND
Rob Krebs
Surface Wate Protection Section Regional Supervisor
610 East Center Avenue, Suite 301
Mooresville, NC 28115
OR
. 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 your 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 bearings within thirty (30) days of receipt of this notice.
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 8:0
a.m. and :00 p.m., except for official state holidays. The original and one t l copy of the petition insist be filed
with the Office of Administrative Hearings, The petition may be fared - provided the original and one copy of
the document is received in the Office of Administrative Hearings within fie t business days following the
taxed transmission. The mailing address for the Office of Administrative Hearing is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 7-71
Telephone t91 733-2698 facsimile. t1 73-7
COPIES OF THIS PETITION MUST BE .AI E D OR HAND -DELIVERED TO -
Mary Penny Thompson, Registered tent:
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, forth Carolina 27699-1601
AND ALSO
Daryl Merritt
PERUS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
1617 Mail Service Center. Fta%t h, North Carolina 27699-9 t 7
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One,
Phone: 919-807• 0 FAX: 919-807- t 2 \ Customer entice:1-877- 2 -5748 ,'t r�` i�
Internet: wwwmwaterquality.or t
An Equal G pparinnity , Affinnefive AW`m Employer

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 () days of receipt of this letter, as evidenced by a
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, please contact Daryl Merritt at (l) 7-6307,
Sincerely,
L) Aerl-jL—
Deborah Gore, Supervisor
Pretreatment/Emergency Response/Collection Systems Unit
DG/ddm
Attachment
cc: Mooresville Regional Office w/ attachments
Enforcement File w/ attachments
Central Files w/ attachments
1617 Mail Service Center, Bale h, North Carolina 7699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 On
Phone. [phone] \ FAK 919.807-W21 Customer Service:1-877-623.6i746 NorthCarofina
Internet: www,newaterquai ty.org
An Ettuat Oppodunity € Airirmative Action Employer

STATE OF NORTH C'AROLI A NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT NATURAL RESOURCES
COUNTY F CATAW13A File No. C -2 l I -CII 01
IN TIIF MATTER OF:
CITE' OF CI ARE T/ FINDINGS AND DECISIONS
COLLECTION SYSTEM AND ASSESSMENT T OF
CIVIL PENALTIES
FOR VIOLATIONS OF:
PERMIT NO. WQCS00221
AND NORTH CAROLINA
ADMINISTRATIVE CODE 08G.0201
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and natural Resources and the Director of the Division of Water Quality (DW) I,
Deborah Core, Pretreatment, Emergency Response and Collection Systems Unit Supe isor it
the Surface Water Protection Section of the Division of Water Quality, make the following:
I FINDINGS INGS OF FACT`
A. The City of Claremont, (hereinafter City) is a municipality organized and_ existing
under the laws ;ofthe State of North Carolina.
B. The City operates the CollectionSystem which conveys wastewater to the. City,
two wastewater treatment plants located in the City of Claremont, in Catawba
County, ty, North Carolina.
C. The City was issued Collection System Permit Igo. WQCS00221 can May 29,
2007, with an expiration date of April 30, 20I2 which has now been extended
until April 30, 2015 due to enactment of SL 2009406 For the operation and
maintenance of the wastewater collection system.
D. e Permit contains the following relevant operation and maintenance
c
requirements.
Upon classification of the collection system by the Water Pollution Control
System Operators Certification Commission ( CSCDC+ ), the Permittee shall
designate and employ a certified operator to be in responsible charge (tR+) and
one or more certified operator(s) to be back-up ORC(s) of the Facilities in
accordance with I A NCAC 8G.0201.

City of Claremont/ Collection SN.Istern
Findings and Decisions
Page Two
F. Part 11, Section I of the Collection System Permit states, in part, that "Upon
classification of the collection system by the Water Pollution Control System
Operators Certification Commission( the Perm ittee shall designate
and employ a certified operator to be in responsible charge (ORC) and one or
more certified operators to be back-up ORC(s).
G. The DWQ issued a Notice of Violation (NOV) on April 20, 20 10 to the City for
failure to comply with permit conditions for designation of an operator and proper
recordkeeping for system operation and maintenance<
The DWQ issued a second Notice of Violation (NOV)/Notice of
Recommendation for Enforcement (NRE) on October 20, 2010 to the City for the
following: failures to designate an Operator in Responsible Charge (ORC) andlor
backup OR C for the Collection System Facility.
H. The City's prior record of compliance with programs over -vvhieh the
Environmental Management Commission has regulatory authority is as follows:
A civil penalty (Case No. DV-2010-0096) in the amount of $544.87 was assessed
on November 4, 2010 for a discharge violation from the system. The penalty leas
been paid in full.
1. The costs to the State of the investigation and enforcement procedures in this
matter totaled $216.23.
Based upon the above Findings of Fact, I make the following:
11, CONCLUSIONS OF LAW:
A. The City is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4)
B. Collection System Permit No. WQCS00221 is required by G.S. 143-215,1 .
C. The City violated 15A NCAC 08GO.201 from July 2009 until March 2011 by
violating the conditions of the permit by not designating a certified operator for
the collection system after the City ended the contract with Woodard and Curran.
D: A civil penalty may be assessed in accordance with the maximums established by
G.S. 143-215.6A(a)(2).
E. The State's enforcement costs in this matter may be assessed against the City
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-2811 (b)(8)-
F. 1, Deborah Gore, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and Director of the Division
of Water Quality, has the authority to assess civil penalties in this matter.

City of Claremontt Collection System
Findings and Decisions
Page Three
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill. DECISION:
Accordingly, the City of Claremont is hereby assessed a civil penalty of-
2,900-00 For I failure to designate an operator in responsible charge for
twenty one (2 1) consecutive months Nvbich is a violation of 15A
NCAC 8G 0.201, and Permit Condition 11. 1, of Collection System
Permit Number WQCS00221 w
$2,000-00 For I failure to designate a backup operator in responsible
charge for twenty one (2 1) consecutive months which is a violation
of 15A NC AC 8G 0.20 1, and Permit Condition 11. 1 of Collection
System Permit Number WQCS00221.
$ 216.23 Enforcement cost
$4,216.23 TOTAL CIVIL PENALTY
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 in G.S, 14313-
2 8 11 (b),vvhich 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.

City of Claremont/ Collection System
Findings and Decisions
Page our
�DaDeborah Gore
PERCS Unit Supervisor
Surface Water Protection
Division of Water Quality
ATTACHMENTS
CC: Water Quality Regional Supervisor w/ attachments
PE RCS Unit Enforcement File w/ attachments
Central Files w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
CITY OF CLAREMONT STIPULATION OF FACTS
CASE NO,-Q-V-2011-0001
Having been assessed civil penalties totaling jjZ_1623 for violation(s) as set forth in the assessment
document of the Director of the Division of Water Quality dated 05104_1201 1, 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 Quality within thirty (30) days of receipt of the
civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days
from the receipt of the civil penalty assessment.
This the day of 20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

MENIORANDUNI
O: Deborah Core
PERCS Unit Supervisor
FRONt Robert 1 , Krebs ;
MRO `lWP Regional Supervisor
Prepared By: Barbara S fforr ,
Ter uncal Constrltaaat
SUBJECT- V Enforcernerit
Violations of North Carolina, Administrative Code
t .202(,�)(I )
City of Claremont
C"tata,,k laa C ountv , NC
Attached is the subject enforcement reommeradtati0ra package regarding violation
of"North Carolina Administrative ve Code 8G 0,202(a)(l) for fraih re to r.lesignitc an
Operator in Responsible Charge arge or a Backup Operator in Responsible Charge for
collection systent permit QC `a002-21. This Office sent a Notice of `fitiolation'NNotice o
Recommendation for Enforcement to Mr. Torra 1-3og—cy, Interim City Manager on October
20, 2010, As of this slate no response frorr Tr. I-logI-logg has been received. Basedupon
the rcvie,%, by, MRO staff,. staff recommends that enforcement he assessed.
'fhe attached rr-raterial sha utd be self e plan tm : however, if Nast have any
questions, phase contact Barbara or tree.
Attachments
IDS

M
C. C IJ7, iTY OF CATA% µlei
NORTH C.­\R0LFNA DEPARTMENT OF
File No, Ow' 101 0001
I'N'THE MATTER OF:
COLLECTION SYSTEM AND AESS_M 1' T t~ F
CIVIL PENALTIES
FOR VIOLATIONS OF:
AND NORTH CAROLINA
ADMINISTRATIVE Cal_)E G.020 (a)(1))
Act] ritg pursuant to delegation provided by the Secretary of the Department artment o
tiNdre-nritent and Natural Resources and the Director of the Division of Water Qualltv (D_%k'Q)1,
Deborah Gore, Pretreatment, Emergency Ices +arise aril C:rsllecntwta Systerns Unit SUPeTVisor in
the Surface Water Protection Section of ille Division ci'Water QLVI ity� makle tlic fwllo%vine
L'J\ Ct l C l';
v -the City of Claremont, (hereinafter City-) is a municipality organized and existhi
tinder the laws of the State of North Carolina,
B, The City operates the Collection System ww,-ltich conve° s wastewater to the City'
two ww'aste%vatcr treatment plants located in the City of C.harenont its Catawba
County, North Carolina,
C; The City was issued Collection Systern Perri t No. NVQCS00221 oil 'May 229,
007, with an expiration slate of April l fl. 2012 which has now been extender
until April _ 0, ,?0 15 cline to enactni nt of SL. 00 -406 for the operationand
maintenance of the ww asteww°ater collection system,
, The Perinit contains the follcwing r.-Ievant operation and nw interiance
requirennents':
Upon classification of'the collection s stein by the Watw:r Pollutiol Control
`i ,stern operators Certification C onimission (WPC So CC ), the Pecirittee shall
designate and employ a certified operator t 'be is responsible charge (C RC,) and
one or more certified operator(s) to be back-up O C°(s) of the facilities in
ac,c:.oidanc.e. with 15A NtiAC 8G.0201.

Cit-v of Claremont/ Collection System
I
Findings and Decisions
Paue Two
lt�
S I
E Part 11, Section I of thLe Collection System Perrintstate Ir Part, the, "Upor,
ciass,iflication of the collection cyst-eni b% the Water Pul'ution Control Sstem
0-oeraiors Ceriillcwion Cornmissi4),,,( ' ��,-pCSOCC) the penniuee shell designate
o
ari,� employ a ceni ned operator to be in r�-spooslble char �,e (ORC) and one rz
more certified operators to be backc-up ORC(s).
The DWQ issued a Notice of Violation (NOV-) on Ap '1 ')0, 2010 to
the City for
failure to compl,,, with permit conditions for designation o f an operator and proper
recordkeepina for systerit operation and maintenance,
The DWQ issued a second Notice of Violation (NOV)/Notice of
Recommendalon for Enforcement (NLl,,E,) on October 20, 2010 to the City for the
I -,e
Lille 1 .Nving: fia"tures to designate an, Operator in R�esporisible Chart (ORC' slid or
back -Lip ORC for the Collection System FacidLV.
I. "I'tte City's prior record of compliance with progranis over which the
Environmental N-taxia,_-,enient Corni-nission has regulatory authority is as fotlows:
A c 5 -d
cis penally, (Case No, DV-2010-0096) in the aniount of $ 44-87 was assesse
on Novernber4, 2010 for a dischargle violation from the system. The penattyleas
been paid in full.
1, The costs to the Stat� of the investigation and enforcement procedures 1ri. this
matter totaled S'2 16.2 3.
Based upon the above Findings of Fact, I make the following -I
C,
11, CONCLUSIONS OF LAW!
A, The City is a "persort" within the meaning of G.S. 143-21 5.6.k pursuant try G.S.
143-M(4)
B, Collection System, Permit No, A&'QCS00'_2_2 I is required by G .S. 143-2, 15A.
C, The City %dolated I 5A NCAC 08G0.202 frorn July 2,009 until, Nharch 2011
by violating the conditions orthe permit, by, not designating a certified operator for
the collection system after the City ended the contract with Woodard and Curran.
D. A civil penalty may be assessed in accordance with the rnaximurns established by
G.S, 143-215,6A(a)(2).
E, The State 's enforcement costs in this inatter may be assessed acainst the City
PI.IrSLI,'Ini, to US. 143-2 1 5.31(a)(9) and G.S. 1,43B-2182A (b)(8).
E 1, Deborah Caere, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and Director of` the Division
of Water Qaalh-1, has the authority to assess civil pcnahles in this niatter,

i,$sed aai"on the above Findings of Fact and C.on luslons aft l frv. I m a -, the fi)ilo` in,_,
ILL DECISION -
Accordingly,
v; the City o C lta t't'z" o t is lser'-1tib` assessed a ci malt=' of:
0, 0 0 For I faillurle to desi=gnate an Yer ato nt responsible charge for
M
tCC ran 4?re (-I f 3t l tr,' r'aojjt'is i'tjS �Ca as , viol ion o I5A
NC AC S G 0 ,,-202 akw k 11, and. Permit Condin"On 11, 1, of Coil 1C6on
System Permit Number WQC S00 2 I
2.1 WOO For I _ failure to designate a backup operator in responsible
_. charaCfor tv enty one (21 ) consculi e month: which is a violation
of I5ANCAC SG 0,202(L'O) and Perrnit Condition II. I o
Collection System Peri-nit Number W CS0022I:,
16. f nforcernent costs.
TOTAL CIVIL PENALTY
Pursuant to Ct, . 14'-2I5®C,, c), in determining H ar aa airaoarrrt ���`tlae penalty l have taker,
into account the Findings of Fact iandI Cuttclaasi nS ofL:;aw and the factors set forth in . 1 � .
282.I(b)a which are
{ 1 ) Tlic degree and extent ofharrn to the natural resources of the State, to the public health,
or to private property resin in-g front the violations;
Q-) The duration and gravity. of the violations'.
l 3The ffct on ground or surface water quantlw or quality or on air quality;
The cost of rectrN-ira.y the damage.
") The anaount of money saved by nurac inpliance;
() N.Vhether tho violations vv t'c committed vvilll rlhv° car intcrati�anallya
(i) he prior record of the violator in complying or failing to comply with Prograrns over
which the Env iruratriental Nklanagenient Commission has regultato n, azthorlty; and
(8) The cost to the state of'the enforcement procedures.
(Date) D boralr Gore
PERCS Unit Supervisor
urlace Water PTotcction
Division atf'Waaer Quality
A l` 'ACl-INIlry N T
CC: 'W`aater Quality "Regional ar p er•� isor vv:, attachments
PE CS L.Init i nforc rnent File w/ attachraacrtts
Central Files ,",/ rattta.chrrients
b.
V

II
DIVISION OF %VATER QUALITY
ENFORCEMEN,TCASE ASSES,,-,\tE-i,I'F.,-�C'T-()RS
V,C'131L
Type-, (,OV) Operator 1 , ion
VIola tor(,s'o. City of Claremont
Reullonal Office; NL,)oresville
1. Name and address of owner:
City of Claremont R,cgistereld Agent- Mr, Doulgl, Barrick, City Tart aver
Post Office Box 446 City of Claremont
i
Claremont, ,,,,or-th Carolina Office Box 446 28610 Post
Claremont, NC 28610
2. Narne and address of any other party involved, (or any other person(s) who
caused, aided or abetted the discharge-,
3. The degree and extent of harm to the natural resources of the State, to public
health, or to private property:
Unknown
4, The duration and gravity of the violation:
The Cit�lr of Claremont was issued a, collection system permit W()C'S002'1-1 I on May 29.,
2007. 1 A -.Notice of Violation was issued April 20, 2010 ffor failure to niect, Permit
Conditions. A response to the Notice of Violation was received June 29, 2010. A second
Notice ot'Violation and Recommendation for Enforcement was sent October 20, 2010
specifically for failure to deli mate an Operator in Responsible Charge, (OR(,. I .) and
Backup ORC. This is a violation of 1-,',A'NC'A(,' 08G .02-01 and the �VQCS0022 I Permit,
5. The effect on ground or surface water quantity or quality or on air quality:
Unknov,�n
6. Cause of violation(s) (intentional, Negligence, or Other-,sise):
Failure to designate an operator in responsible charge and a baclmp operator in
responsibIC charge,
T. The cost of r , ectifying the darnage: I, nknowu

M
City of Claremont
T,oforcernent Case Assessment Factors
Page 2
Economic benefit gained by violator by noncompliance:
Cost of school and travel estimated at S400.00
Cost of exam application fee S85.00
9Type of violator(s) and general nature of business (i.e..individual vs. large
corporation):
City of Claremont, an mcoqiorated inunicipality in the state ofN,17orth Caro hnai
IO.'Violator's history of compliance or noncompliance:
'rhis office has issued violations fbr SS O 's occurringwithin the, collection system,
11, Violator's degree of cooperation (including efforts to prevent or restore) or
recalcitrance:
'File, City
, - of Claremont has made no attempt to certify staff or hire a certified operator for
the collection system. from July 2009 to present.
12. Costs of detectinl(y violation, defining its extent, and bringing enforcement action:
DV,,`Q Investigrator Investigation and Repoil 2 Hrs S3, 1 34 ,'I-Lr S 6 268
SWP Rqlon-M Sup. Review and Edit I firs ga S38-551ix S 38,55
( lertcal Copying and Hina I Hrs $15,00:hr= S 15,00
Cent -al Office Review, and Processin.0, S 100,00
-
------------------------- ------ - ------------ ----------------------- - ------------- -
------------
TOTAL COST S 216.23)
13. Assessment factors
(A) IWC - NA
(B) Receiving strarn -NA
(D) Copy o
', fliI
m-itspage-NA
(E) C opy c) f m P acre en --- N A
(F) Damage - Nov fish killed

City of Claremont
Enforcement Case Assessment Factors
Page 3
CERTIFICATION
T certify that the informatlon in this report is true to the best of my knowledge.
Investigator:
Barbara Sifford
Date:

L Ho4MAN
RETaRY
NORTH CAROLINA DF-PARTMEN-4 OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
M.D. McGinnis
PO Box 446
Claremont W 28610
ub-1dzt Designation of Operator it Responsible Charge and
B-ick-LIP Operator in Responsihl- Charge
Farc�ihty, Town rai' Cr'larerncint
:Y w
ei IItL, C:a:aislr;:i
Dear Mr. McGinnis:
- ". Operator
_. c_ ,•�n
Technical Assistance alto C.Ls�*tics:ic�» �riit is currently
r rit€F�' updating ��tir ==� tlr�
Jr,:. Responsible Charge: (ORC) and Back-up ORCry files fiat:. classified collection
s»�;`stc,i1s.„, 1 � i. I t.)I Citcollect,€011 Sv `stc �xa' 3S � I'E `#i1�1 ;l i 1 1 s2xi?et.i btic: ��'4at r
Pollution Comm] System,, Operators C e tificar ion C'sr?rt=s >sion its a C"lais 1
ollection ysterit The Chi �: for this system must hold a valid Grade I or higher
(_`,�ilyeC,ri oiI .Ca:ir C ra[or certification anti the Back-upC° O nnust hold a �.alii
i 11C.t:ti ii System Operator ce tificatt:= �T1 v,,hic:h is nu) more than one gr add less than
the collection s stem classification, Designation of these operators is required by
form should be Comple'ed and faxed t� (9, L 1 3.?8 §, r rnq l("d to this o c,. b
It ivou have qLestlons aonc;ertijag thE4 llI13tE r". or if t,lis oIYi s can be of f"arNhri
assistance, plcase do not hesitate, to call �Ivia Barbour at (919" ' 3-00'� eat. 3 i 0,
m
m
L:twi2ht Lancaster, ui)eivisiyr
Techriical Assistance and Certification Unit
Enclosures
'Y A'rER PCt9.,L.UTjON CONTROL SYSTEM OPERATORS F-Rrl FICATION COMMISSION.
W618 MAIL SFRYd.CE CENTCR, RA.L:E.,:.N, N:a'Fi'rm AFCtC NA 6.7 ✓x9916I9.
(�� F ltONC 919.7.33.0026 FAX 91 a:.:-733-1 3:38
EQUAL EQAL OPM3TY ..PORTU/ AFFIfd6� :MATGVE AC:TTON 3+1PLOYFR 50% RECYCLEL`.:1:10% FIOST>aonrsut Ek PAPER

i
5. The Permiffee shall adopt rind impiernent a Capital Irnprovement Ficti (CIP) to des�'gncfe
z
funding fur reinviestment �ntofihie wastewater collection sy,5te ns imr,,Ds fructure, The 0P should
address the short-term needs rind long-term "t-noster plan" concepts, The CIP should typically
cover of three to five year period ond include a goc-1 statement, descripfir�Dn of the proiect area,
descrip non of the exi,5tina, fizic;![fies, known deficiencies (ove-1 a reasonclble pe6od) and
forecasted futfure needs. Ccstanalysis is integral to the ClP.
The Perm,iftee shall develop and present a Capital Improvement Plan meeting this permit
condition for adoption within 12 months of a permit issuance, A copy 61' the Capital
Improvement Plan shall be provided to the Mooresville Regional Office, Surface Water Protection
Section to show compliance with this condition,
as. Existing ssverfksw piping from manholes and Pump stations, excluding piping to approved
equalization structures, known or discovered a f fer permit issuance shalt be ir-nmediately
removed or permanently capped, Plugged ernergency purnpE`ng connections are allowable for
portable curoping or reroutlng without intentionally bypassing the vvasfewater neatment flaci0ly,
7. The Pen-nittee shall r-naintain a contingency plan for pump failure of each purnp station. If one
of the pLuiips in a pump station containing multiple pumps fails, the rarsscs;os of repairing or
replacing the purnp shall be initksted immediately and the new parts or punip shall be installed
as soon <as possible. If the pump in as simplex purip, station fails, it shall be replaced imrnediatefy,
8, Each purnp station shall be cearly and conspicuously posted with a pump statlon idenfifierand
an emergency contact telephone number of wNch an inclMdualvvho can intiafe or per-forrn
emergency service for the wastewater collection system 24 hours per day, seven days per week
can be con fncted, I his er-nergency con fact telephone number shall be coupled with
instructions thoat the emergency contact should be called if the visu-,al alamn illuminates, if trie
audible alarm sounds, or if an emergency is apparent,
9, Pump station sites, equiprnent and cornponents shafl have restricted access, per 15A NCAC 21
10, Pump staflons that do not enriploy an auforrafia:7 polling feature (i.e. routine contact with purnp
stations fron- ' a cenfral iocation to check operafi'cnol status of the corrmunicathon sysfem) shall
have bofn audible and visual higt�a water alarms. The clarrns sh,fll be vveafherprUof and placed
in a clear and conspicuous location, Permits issued for the conshuctlon of punsp stations that
included hlgh v,,cter alannis in the description must maintain the alarms even if simple fell meto,
(i.e. notification of an alarm condition irnficited by the pump stafion controt feature) is installed,
11, For all newly constructed, modified and rehabilitated purnp stations, all equipment and
compc)nents located within the pump station shall be corrosion-reshfant and components In
close proArnify of the purnp station shall be seciled within as cr),rrosissn-resistanf coating or
encasernent,
12. All construction and rehabiklation of thevvastevicter collecfion systen-i j1i.e., perrrOtcad of
deemed permitted) shall be scheduled to r*iimlz1e the interruption of service by the existing
utilities. Construction and rehabilitation shall not result in the violation of Condition (1) (2) of tNs
permit.
1. Upon classifrcalion of the collection system by the Water Pollution Control Systern Operators
Certification Commission (VVC-SOCC), the Perr­nitfee shall designate and ernploy as certified
operator rc be in responsible charge (ORC) cind one or rrrore certified operator(sl to be loci-k-up
ORC(s) of the facilities in cccordance vvRh 15A NCAC 8G D 201 . The ORC shall vEsit the systern
within 24 hours of knowledge of a bypnss, spill, or overflow of wastewater frorn the system, unless
visited by 'tie Back, -Up ORC, and shall cornpiy Y;�th all othe,,,r condl f ions of 15A NCAC BG 0204.
3 PERNAITNUMBER VVQCS00221

A
Beney Ean`,a' Per'h
Mr. Torn Flog
1-na r nn twit;=° Manager
-
CRY of C"4,ts"eCiaorit,
P.0, Box 44
NCDENR
North Carchna Department d Environment and Nat'U ral Rescurces
isi n ofWater Qualky
Coken H Saliris
Dke o
April 20 20 10
Se rtar*y.
Strbject. Notice, of Violation
C't17t.1.12aIic�' t vaaw:atko:r Inspectiono-�:'".�i�tFt'?r�'
P ernilt No W QCS 0 221
Cat v a t..0
Dear Mr. Hogg:
All. Barbara Sitf± rd, of the V C Mion of Alter Qualky (1.; WQ),'fooresvil1 R. gicnaf Office (MRO)
ck':)nducted a cornpliance evaluation attr ,ection QQ of the Cky of Uarz:.t ont's vvaa ,te water coUeoion sysem
pe t2itt nitti ber � QC+00221 oii Mch ? 2010 The ass istance and cc) oper i n of Mr, Tom , S. kll r, `kr,
1ltaµb'.r1 Pennell 1:r rl 1 $ 1 t rg. and other i;. staffreatiy appreciated, Please n.ra that the section
report pertain thatwoe t It .t r t� tl�:w.ftr t`L ir your
,A..t�.�1 ����t1x'w I~;�.tst 1.�,��a.rr"5 �ii1r �_ _�.� "t � � ��` ��'
Records and hasp&e-cttotr findings are, d t'ail d in this r� pol-t..
The collection systern for the C,ky of Claremont consists of pproxi-; .teiv 23 Ti1les of gyar,hy sewer
Ito, 75 I� �tJr�e tazt arid five (5 ) (duplex yiurnp stat "n. The `vsurn wo,-ves ea ttery a'6to the Nlc,rr
Creek Wt"'EP QNDES ,C00 1 70) and or°ttt WWTP t�INM I�,TC00 66 i Cun,-elltly the System is
c lassitted as a i,. -1. -Fhe City, needs to desigrate an Operator 3a f r_sponr,jl ie (Charge (ORC) and back up, OR
since those listed no 1or"tiger vor Ar or are leader contractxith the City o C laaezr ont. This forin i. included
,,v tit that, tet er and should be Teturned to the Mooresville: Regional nal t.ffic.c
v`w ._=sk t#qPt iw We
w3 lm hiss East l en.CP r# t .� ra. 3`� "��._cresAle,NIa 8115, On wi p, p
l 87'-r23.6748 P`+6�iIhCiatoliii
l� �,.'v.F�*4.7tihi! 'rMy. 1 I d'. f

1010
Performance Standards
The ForAt vas isued in May 2007 nth several corrighance schedules inch h,,ded to providt, melve
months for the collection system to becorne campli ant US the cc nditans of Q pennn. kspill respomepQ
was subaided to this b-� VVsktdard and 0 rm to comp!y mAh SeMon 11A Te eter scheddes ter a f9s,
oHq and grease ordinaricc and hnspection and er,,.R'Prcenma p1mi have not been submitted to rMs offfice-anc. ',vere
not available for revievi during the inspection,
The Capitall Improvement Plan also -�eeds to be dcveloped, for the coil lection system to a1lress t],ae needs
ofthe systern for a Site- to- five year schelly TO vas not, ava.ilalr)le for revie,,x and needs to Lie complete,'d
a:-,,d submnitt,-ed to the Wcm lit.your resporise to this letter please ir-,.dicaLz a schedule for il-,,is p;,,un,
Inspections, Opera ion and N., , intertance and Records
FUght of ways are rnaintairred by the public works department of the City of Claramont and were
accessible durbag the inspection- No records are maintained to document vvl-oni they are mooved o,. chcckd for
integrity dut-ing annual inspectiony it Hst of high pricurity lim-s needs to be developed 0 tht syom sto inde du
a0als and other line segmemts of potential concern that should be checked more than once it year. No
(locumLentation of these, hncs was available for reviev; and cming the inspection one of the aerials on ihe McLin
Creek outi`.ait line was Mund to have debTis jKled up bAnd it forn, receir storn-, events, These lins be
check after flooding conditioris for integrity.
A customer curapliant log should be maintivad, and used to deternnine areas fi..'r cleaning or re airs:
The city has not had any reportable spill's in the sewrad years us document problematic areas of the
coltecuonsystern. Th e attac lied, C omp I i an c e Fv aluati on lnspeot i on rep ort list s i nt o rna,',i :ion th at,, s1ho u: d 1--, e
available Ar mvicw atonz vdth the recorke�-,pinqg, apd repoNig guidance w lii.il is included with this
inspectionlettet
The collection systern is to have at a minimum 10 %V of the Ows This needs to be
(1cumenod by the jet truck records as to the Arta gethat is cleancd each time whether for routine maant eriai'ice
yst - and '�h WWTP cornpl,,ance status,
or complixas, AAn annual report is to be completed for the Collection S er, n e
The City of Claremc,,)nt sii�rnitted a. flow traebing forna in June 2008 which only li or- WVY"IT and that all.
—mect during the inspection ai"d
",ve purnp Stations go t"") this wwrp. This ir-S nation was determined to be inc
needs to be com-credi. forin is r.,sed as a flow tracking rnecharrism to avoid over allocation to a single p,,Irnp
station in the chain or tht capaWy of the TOR P, The DMR reef. -ids for 2 COW), ii,,di Cate that tills North INWIT
was at 6811 capacity for cakndai year 2009.

-010
it
i requested � written � nse be submitted to this office y May l 2010, addressing theirert's oi.ed
tlt ll ttrarj r1 Idtt� .t?a l�, aceYour comments ShOil 'fie
in the inspection report and this letter to bring
suimiitted to tls attczrticip, o s.. Barbara --,Iffc-)rd.
`C�ti have <3t.w rlt v4[Gt)i v51 CI21 if" t is Trk:�peCLt�_�ti I"e�"on or �1t�ied I cord keeping,r°�`( ulrerilerkt� please
If,do not h itat- to uniiact N—Is, Srfford.
Sincerely, t
Nfarcia Allocco
Acting Regional Sup rVi O
Surface %Water rc)tection Section
C`c: Tiara Winkler- Public Works Director
iaar vii l•'enilell ..._ Cit'v of I-lickorylvIanager of Contract. t. Operations
l�lRO CS Claremont
FRC

a k�.
K.
CITY OF CLAREMONT
8-C)x 44
3288 EAST MAIN STREEr
From the city of Claremont to Barbara siffff+ rd information and request on the compliance
inspection report
The city of Claremont would like to request a SiX month period to implement a capital'
improvement plan
The city of Claremont would like to request a nine month period to implement d fats oil
grease program
Please find attached the bush hog and sewer line jetting and visual inspection logs and reports
Comments on annual observation of system lines and high priority lines will be documented
with pictures from this point on , the city is purchasing a camera July sixth
customer complaint log is kept at city hall on work orders
float was installed on the high water alarm at the state lift station by city of hickory
The city of Claremont is working with the city of hickory on a ORC and a back up OR , Will
forward names of operators �
fl
3

NCDENR
North Carolina Department of Environment and Natural Resources
hision of Water Quality
i,.!.r*".fit Ddescr Semar/
UK= 2% Er
RE I IaR IIECEI I' R FC }Iv=ESTEZt
Mr Torn I fogg
Interim City Managt,,r
City ,w"t t_ la-mni=.went
P,O. Box '-'~wt
`rubje Wit: Notice, of Violation and
Mike of Recomntr.ndation for Enforcement
z,
Catavvb i C"onny,
War 101. Hag,
Chi Alai! ..s 201% you were notnotil led of the i .toui rnenr fbr a cer edi openator for The cafe -ri kt Systelri.
the CiI ;; i_t=.i"i"snont has nekher an C Vk.u'c?Wr ?r: tmtCEarge, wr .i Back-up t�t r.1..r ` as req�,:ired 7v
S +caion II llu- [ 1. o 'v._ a cn-rni�, �"(A ��r u . an t� r'�she i ec ; on on rir`a. 23 k 3 t `�i ¢t rprecords
(+. i, t° t `, � .�;{.1 �.a13� t,�,7rt_rC. �. �. s�
?1 S . ',w_ .i t,.?-tl a,ry nwtts Wt?' E tS.it,i'a it has been rz t1C.tkS°."IilIJ1 "ri that 4 tt_vrt'. yt " } 11 C kl�C .p
O to for 4Y�:.">E, t�..h..
and z_`r Ba ui`,iip ORC_., has not yr.rr1 designated fs t VIC CH C' -?., ;s ern RcHityFat Iu. tv) desynne an ORC 2 5
Backup ORC is a W.E Wri of 15A N tr$L. 08C3 1201 and v`+<..kta 'itN"rniit No V, t rC.fit., 22 1, that requires the ,.-xner to
M` n to an ORC and 1`ri1"I`,'.-up ORC of the appro p1 Lj v type and gn.i e for the cla i ic. tion o this fiicilit-,y, Your fazilit'y
as been claWfied zu s Coll.chcxi .S a em (CS- - 1),
The rule that acquires dei C.Hon of t RC smtes,
15:fit AC.: 08G ,0201 RF,SI't N IBILITY OF SYSTEM mvCFI s ,ro iDES1GN,-V.FL CERTIFIED O1'I:RNI ORS
Osman 1; clanTed ma r`Tt)dhihon contr, 1 systtth , I111s`~rE desiCnate t-sL7ui can, WiVed by the V,7a,s.a Ft'?.lsl' CE, t d 11tr0l
Est r1 Ol?t.raten ts,C';xt,t as Ci'?m ax..sKin ' WPC SOt_ fi oft" t apprepswe type a"'d gradke fo-r the W ai,,], -for each,
i la ssifi non::
k } one ....r "..,..,,1r..'"rC In dti.'UVr,;.`nsi.: e {,.i..i,l? .e SS.NRCA vlo-?t"}�sess.r.`a. a valid ce 1 rt �.�, e of. he ,�y e an ,x ='.,�.�, a t
y
least egtirt'� lent to the type and , rage oftlie system
� t
C.
MOM., EJ �3;�6 ,,:.0 U ,.d4:ie°.., , i,�%s.r(�Sx r.` t.'.`,"
w f ii. Pik HAW max 'Cs. 6631ND 1 Cum,ke A= 117702167,18
AQUA s .,,. y
One
North(Varolinr
A1211hul'ally

V " v,, i d
one ci -n,-�re, Back-up Operatorts) in Responsible Charge (Back-up OR C�) �� lit) possesses a a!
ofzhe r�ipe of le sysani and no Than one gmde: lk--ss Thar, tip.. , ,--ade the, ',kith the
e=eqRn of no backup) operator in is sponsible charge is reTAmd for symms .4,hos�,, 1-r<jnj.,-,jum v!sitariori
reqUn-efnellts are twice per year-, and
i "t submit a signed cci,plea z,"i R"Hut, Comol Symem Qua= Eledgmaton F. 1c,
(w.omminvion (a to thw local health deparment Ar o"xnerra of'subsurfac, ymems) countenigned by the
cksignamd catified opmus, designEring, the Opera -'Or in Charj�,,e (ORC) and flh.,e Ba..;L.-up
Opemohn Responsible refit jack -up ORQ
(A) 60 calends clays PTIr to Ywastewater or residuat s being introdu.:.,e-d itim a ne,,,v sysle�-n, ,)r
ji) ;� itlho, Ti 12 0 calendar d'ays following �
W receiving notification of a Awye in the dassification of hie systarn ;cquAng die.
designation of a new Operator in Resjp�cnsiblc, Charge ),R,, ) and Back-up (--)jserw,,Cr in
Responsible CIA, (Buk-up OPT) of the proper type and grade, or
(5) a vacmmy in the poddon of Qum in ReTonstle Charge (OR.C) or Bazk--up Operator
hj Reop€-`nsiblle ChNiTgO, (Back, -up (DIRC).
(C) Whi 7 calendar days of vacancies in both DRC and Back-up ORC possitic,)ns rz-'P1a',ciDg Or
designadrig at least cne of the responsi"bilitieS,
Pl,casc complete the endmed War PoPution Control Systeill ORC E)esignazicm" Form, desi,(",',naung appnojlrlately
ctnif-led ORC and Back-,ip ORCO) for yetir ility and to this Who Be ad gnt failum to adless US
matter on or before Nov-n iber 5, 2 2 0 10, Axil I resu It in fiirther acti,-.Ti by this offt-ice, that ArMs recimnmend MiOns to the
Moctor of die 1TvAQn0f 111T QUMAY to amess W penahe's
If you have questions or conmients regarding this matter pleme do nrA hesitate W conma W.Barbara Siffmi
at 704463-1699.
Slricerelly,
RobertnaKrebs
Rea giol Supervisor
Surface '14'ater Prote:ction Seciion
�tvlooresvfllc Regionall Office
Enclosure: NVater Po? Mon Ann] Symn ORC INAgrikon Fun,
CT TeAnkal Asistance & CeMmon Unit
CentratHes