NC0081370_Enforcement_20130129

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CITY OF CLAREMONT
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3 Si' CLAREMONT NC 28610
or
ciATTN: MR DOUG BARRICK,CITY MGR
swn/ma 1/29/13

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SUR:=ACE WATER PROTECTION 730 p
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Ak,TtTRN RECEIPT REQUESTED
Mr. Doug Barrick, CityManager
C'it�y of`C'larernortt_
.0, Box 44
Claremont, North Carolina 28610
UF ` % Notice of Violationand Assessment of Civil
Penalty for Violations of N.C. General Statute
143.2 1 5.1(a)() and NPDES Permit No, NCO081370
Mc Lin Creek WWTP
Catawba County,
Case No. LV-201 -001
Dear Mr. l arcick
This letter transmits a Notice of Violation and assessment of civil penalty in: the amount of
-3 97.44 ( 250,00 civil penalty 147, 4 enforcement casts) against the City of Claremont.
This assessment is based upon the following facts: 4 Aw review has been conducted of the self -
monitoring data reported for September 2012. This review has shown the subject facility to be in
violation of the discharge limitations fond in NPDES Permit No. NCO081370. The violations are
summarized in Attachment A to this letter:
Based upon the above facts, I conclude as a matter of law that the City of Claremont violated
the terms, conditions, or requirements of NPDES Permit No. NCO081370 and North Carolina General
Statute (C:r. .) 1-715.1( )( ) in the manner and extent shown in Attachment A. A civil penalty may
be assessed in accordance with the maximums established by G& t -` 1 .d (a)( )•
Based upon the above findings of fact and conclusions of lavv, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water WQuality, 1, Michael L. barker, Surface Water protection Regional Tonal pervisor
for the Mooresville Region, hereby male the following civil penalty assessment against the City of
Claremont:
Mooresville Regional Office
Lacatw� 610 East Center Ave., Suite 301 Mooresville, NC: 28115 One
Phone: [phone] t Fax: (7 r34) 663-6040 4 Customer eraTCe. 1-+37 r -6 3-6748 NofthCarofirta
internet http trgortal rdcderr orgiwebrwq Aaturally
An ^Earl € CROPO ;aOY , Atrrfr',Zm e , char rtr )yrr - 30% kpeycdem ! N, Pi onzu r gaper

For I of the one (1) violation of G.S. 143-215.1(a)(6) and
NP6f_S__Permit No. NCO081370, by discharging waste into the
waters of the State in violation, of the permit weekly average
effluent limit for BOD,
250.00 TOTAL CIVIL PENALTY
147,44 Enforcement costs.
397.44______ TOTAL kM-OUNT DUE
Pursuant to G.& 143-215.6A(c), in detennining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of LaNv and the factors set forth, at G.S. 143B-282.1(b),,which are.-
(1) The degree and extent of harni 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 qu antity or quality or on air q 11al ity;
(4) The cost of rectifying the damage;
(5) Tbe arnaunt of nioney 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 program, s over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures,
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
payment should be, made directly to the order of the Department of Environment and Natural
Resources (do not include waiver fiorala)- Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Point Source Cornpliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the 'Penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or

legal issues are in dispute. Please prepare a detailed statement that establishes wvhy 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_w ill be approved, the follonvin factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in 1. . 143B- .1(b) %,ere
wrongfully applied to the detriment of the r titi n r;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
() wvhethrr the violation was inadvertent or a result of an accident;
() whether the, violator had been assessed civil penalties for any previous violations; or
( whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
'lease note that all, information presented in support of your request for remission must b
submitted in writing. `17he Director rr° 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 case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's on's Coomilittee oil Civil Penalty Remissions ssions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
rera�rission request considered by 'the Director: Therefcwre, it is very important that you prepare
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 light to
ari Administrative Hearing and Stipulation of facts" forni within thirty ( 0) days of receipt of this
notice, ne Division of Water Quality also requests that you complete and submit the enclosed
{" Iustifrcatior for Remission Request." both forms should be submitted to the following address:
loroorr runit
rCpf
Division of Water (duality
1617 ?fail Service Center
Raleigh, North Carolina 2' dgq-1 1
OR
3. File a petition for an administrative hearing with e Office of Administrative ea n s
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
.drninistrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty (3 ) 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 betvmen the hours of :00 a.m. and :tltl p.ru.,
except for official state holidays. The petition may be filed by facsimile (fay:) or electronic mail by
an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filth
fee is required by NCGS § 1 -2 .7) is received in the Office of Administrative ative Hearings within
seven () business days following the faxed or electronic transmission. You should contact the
Glee 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 of Administrative Hearings
6714 Mail Service Center
Raleigh, h, C r - ` 1
Tel (1) 1- t 00,; Fax: 1 1 -3 100
One 1 j craps° of the petition must also be served onDENR as follows:
Lacy Presr ell, General Counsel
tEl
1601 Mail Service Venter
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/titre 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 the violations are of a coptinuin nature ,not related to operation
,and/or maintenance prgble ns, 4pd Tq tic t rqi,4e talconstruction activities then on rna wish
to consider ns about this civil halt
assessment or aN ; e iial Order by �a�ts `€lie
Mooresville e at 41 6 1+ :
atO ii�lae Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water QualityATTACHMENTS
uc; Mooresville regional Office Compliance bile \N,,/ attachments
Raleigh ' pliance/ n1" tcern nt Mlle / attachments
nilp/rn

ATTACHMENT
SE NO.Imo' - 01 -00 8
Outfall Date _Parameter R029tA11W P-C-rmit"Mit
001 1 ending 9/8/12 BODC. '(Weekly 'average)
The City of Claremont did not provide a responseto NOV-2013-LV-0016*, Comments were
provided on the t mb r 2012 DIIAR describing the 1 C 1 it limit exceedance. No mitigating
factors were found to result in a reduced civil penalty amount.
*NOV-2013-f,V-0016 was erroneously issued to the City of Claremont as O -21 -[,V- 1 .

STATE OF NORTH CARLINA l PARTNI ANT F E NVIRONMENT
T, TLT A V,0T TJ?
COUNTY OF CATAWBA
IN THE MATTER OF A:SSESSMENF WAIVER OF RJGHTTO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING INN AND
CITY OF CIA .i ONT STIPULATION F FACTS
PERMIT NO. NCO081370
FILE NO. LV-2 1 3- dl
Having been assessed civil penalties totaling $397.44 for violation(s) as set forth are the
assessment document of the Division of Water Quality lity dated januan, 29,2013, the undersigned,
desiring to seek remission of the civil penalties, dues hereby waive the right to an administrative
ti
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned lurther understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of ester Quality = within 0 d y's of
receipt of the notice of assessment. No new evidence in support of a remission request vvill he allowed
after 30 days from the receipt of the notice of assessment.
This the �... _ dad' of _._. � .: _.A:�w, _ .a ?Eli
Y
ADDRE SS

JUSTIFICATION FOR REMISSION REDUES'
DWQ Case Number: LV-2013-0018
Assessed Party: City of Claremont
County: Catawba
Permit Number: NCO081370
Amount Assessed: $397.44
Please use this form, when requesting remission of this civil penalty, You must also complete the
"R s4� Luest For Remission Waiicr o i lit laa cart faliraixarstrative Heari, nd$At ulatiqn a Eaqs -p
fonn 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 I.C. G. S . § 143 B -2 8 2 I (c), remission of a civil penal ty 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 err It a ssment factors in. N.C.G.S. 14311-2� I �bwere
y son fully a lied to the detriment f the ttiotje�r the assessment factors are listed in the civil
ppL_ _q_ hq_pqL_
penalty assessment document);
(b) the violator
)Fiolation (i, e., explain the= steps that you took to correct the violation andprevent future occurrences),,
(c) the violation, was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or .-YomethingRiau could asset prevent or prepare, filar'),`
(d) the violator had not been assessed civil pqn4lfigs or art revious violations;
(e) r the remai!aigngc!essary rern is
�,_
actions (i, e., explain how payment of the civil penalty will prevent youftom performing the activities
necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

MONITORING REPORT(MR) VIOLATIONS for,
R port Date: 01103113
Pang; 206
PERMIT: NCO081370
FACILITY: City of Claremont - McLin Creek WWTP
COUNTYCatawba
REGION: wills
Limit `violation
x
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPt
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE o OVER LIMIT
WOLATION TYPE
VIOLATION ACTION
E -2012 001
Effluent ROD, 5-Day (20 Deg, ) m 09108112 Weekly
rrrg/I
12 S,u
' 16 33,33
Meekly Average Exceeded
None.1.
Concentration
[
PERMIT; NCO020036
FACILITY. Town of Stanley - Lola Street y6PWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORINQ OUTFALL 1
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION 'PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE °, OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
66-2012 001
Effluent Conform, Fecal MF, M-FC 09/29112 Weekly
Nmorni
400
°' 6,434,28"' 1� 0& 7
weekly Geometric Mean
&__.:
None '
Exceeded
t l ,....
.,.
e,. x
..w v. .._
t
ee.
PERMIT: `NCO021166
FACILITY: : lty of Mount'Holly -Mount Holly WWTP
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING OUTF LLI
VIOLATION
UNIT OF
CALCULATED
REPORT PP'I
LocAslON PA METER DANE FREQUENCY
MEASURE
LIMIT"
VALUE V. OVER LIMIT
V*LATION TYPE
VIOLATION AC`UON
UE -2012 001
Effluent Mercury, Total IakNgp ,. 0E130112 Monthly
ng1'I
12 ,
13,2E - 10,62
Monthly Average Exceeded
None
Concentration

NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
Violator: City -of Claremont
Facility: McLin Creek WWTP
County: Catawba
Case Number: LV-2013-0018
Permit Number: NCO081370
2) The duration and gravity of the violation;
The Bpi concentration of 16.0 mg/L on September 4, 2012, was the only analysis performed during
the week ending September 8, 2012. This resulted in a weekly average violation that was 33.3%
over the permit limit of 12.0 mg/L
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. The best use of the receiving stream (Class C —
fish/aquatic life propagation and secondary recreation) may be altered due to reduced dissolved
oxygen concentrations caused by assimilation of oxygen -consuming wastes such as BOD,
4) The cost of rectifying the damage; The cost is unknown.
5) The amount of money, saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally;
11 ji�
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
There have been 21 previous CPAs for the Mc in Creek WWTP with one CPA issued in the past
twelve months,