NC0081370_Enforcement_20130807

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SURFACE WATER PROTECTION
610 EAST CENTER AVE
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IVff)nRFSVII I F NC 7R11 S W �"
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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A, Reeder John E, Skvarla, III
Governor Director Secretary
August 7, 201.3
CER'FIFIED MAtL 7010 0780 0000 5562 1941
RET13RN RECEIPT
Mr, Doug Barrick., City Manager
City of Claremont
P0, Box 446
Claremont, North Carolina 28610
S U B JE C,717 Notice of Violation and Assessment ot'Civil
penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and NPDES Ilemiit No. NCOONC0081370
McLin Creek WWTP
Catawba County
Case No. L,V-2013-0147
Dear Mr. BwTick:
This letter transmits, a Notice of Violation and assessinent of civil penalty in the amount of
S1,14&91 (31,000,00 civil penalty + $1,48,91 enforcement costs) against the City ol'C"laren-lont.
This assessurent is based upon the following facts: A review has been conducted of the self
-
monitoring data reported, for April 2013. Thisreview has shown the subject facility to be in violation
of the discharge limitations found in NPDES permit No.NCO081370. fhe violations are suraniarized
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 ofN PDES permit No. NCO0813 70 and North Carolina Cieneral
Statute (G,S.) 143-215.1(a)(6) in the, manner and extent shown inknachirient A. A civil penalty may
be assessed in accordance with the maximurris established by G.S. 143-215.6A(a)(2).
Based upon the above fin in s of fact and conclusions of law, and in accordw ance ith authority
9
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael L. Parker,,Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the City of Claremont:
klo'wuqesvjlle Regomi Office-
bocak,',n, 610 East Centet Ave . Suite 301 klooresw[le NC 28115 One
Ph (7CW 663Fax x 704,t 663-600 ', r ustomt� SoN 1 8 117,6,113-5748 Noi-thCarolina
lnlernet� http �9'portaf nc:denr -�-mvwetMq 11Vatimally
'r ('qx"'OoVy mnm,,'w�va Ernpoy�,r - 3,'rz Pcm Gon�umer p�,,pe

250,00 Iq For I - ofthe two (2)vioIation(s)ofG.S. 143-215.1(a)(6)
­­-F )ES, Permit No. NC0081370, by discharging Nvaste into
and NI 17
the %aters of the State in violation of the pern-ot weekly average
effluent lintit for biological oxygen demand (BOD).
For....1 ofthe one (1) violation of CT.S, 143-215.I(a)(6) and
NPI)ES Permit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for biological oxygen detnand (BOD).
S 00 For I of the one (1) violation of'G.S. 143-215. I(a)(6) and
NPIES Pertnit No. NCO081370, by discharging waste into the
waters of the State in violation ofthe pen. -nit monthly average
effluent limit for arrinionia.
TOTAL CIVILPENALTY
1.1
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215AA(c), in determining the ainourit of the penalty I have taken into account the
Findings of Fact and Conclusions of Lawand the factors set forth at G.S. 143113-282,1(b), which are,-
(1) The degree and extent of harts to the natural resources of the State, to the public health, or to
private Property resulting from the violations;
(12 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 darnage;
(5) he. amount ofmoney saved by noncompliance;
(6) Whether the violations were con-unitted willfully or intentionally.-
(7) The prior record of the violator in complying or failing to comply with programs over which
the Enviromnental Managernent Commission has regulatory authority, and
(8) -Fhe cost to the State of the enfiorcernent procedures.
Within thifty days of receipt of this notice, you must do one ofthe following-
1'. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (flo not include owiverjbrin), Payment of the penalty will not foreclose fiirther
enforcernent action tix, any continuing or new violation(s),
Please submit payment to the attention of,
Point Source Compliance/Enfiorcernent Linit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

no
2. Submit a N:vritten request for"remission including a detailed justification for such request:
Please be axivare that a request for remission is linuted to consideration of the five factors listed
beloNk a.s they may relate to the reasonableness of the amount, of the penalty assessed. Requesting
remission is net the proper procedure for contesting whether the violation(s) OCCUrred or the accuracy
of any of the [actual statements contained in the civil penalty assessment dorent: Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or
legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed,
below, In determining whether a. remission request will be approved, the folloin wg factors shall be
considere&
whether one or more of the civil penalty assessment factors in G, 14' B-282,1(b)were
wrongfully appl
ied plied to the detriment of the petitioner*,
whether the violator promptly abated continuing environmental darea resulting from
the violation; suit of an accident
whether the violation was inadvertent or a re
whether the violator had been assessed civil penalties for any previous violations; or
whether payment, of the civil penalty will prevent payment t5or the remaining necessary
remedial actions.
(1)
(2)
Please not that all i.ofcm-nation presented in support of your request for remission must be
submitted in writing. 'the Director of the Division of Water Resources will review your evidence and
info you of his decision in the matter of your I`CruiSSion 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 Committee on Civil Penalty Remissions (Committee).
Please be advised that the (-',,ouirmttee cannot consider information that -,vas 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 rernissiom
In order to request remission, , you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation of Facts"' form within thirty (30) days of receipt of this
notice, The Division of Water Resources also requests that you complete and subtrul the enclosed
"Justification for Remission Request," Both f I
ornis, should be submitted to followii g address:
point Source Compliance/Embrcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the, Office of Administrative Hearings:

If you wish to contest any statement in the attached assessment document you must file a 14
petition for an administrative hearing. You may obtain the petition fornifrorn the Office of
Administrative HeariugS, You must file the petition with the Office of Administrative Flearings
within thirty (30) days of receipt of this notice. A petition is considered filed -when it is received in,
the Office of Adininistrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday betveen the hours of 8,00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed byfacsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a tiling fey it a filing
fee is required by NCGS I SOB- 23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the taxed or electronic transmission. You should contact the
Off -ice of Adrninistrative Hearings with all questions regarding the thing fee and/or the details of the
f-Ifirig prctcess. 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, NC 27699-6714
Tel: [phone]
tax- (919) 43 1-3100
One (1) copy of the petition mist also be served on DENR as follows
Mr. Lacy Presnell, General Counsel
DE
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case. number (ast-bund 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 datel"tinie received stamp (not a postniark), 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 continmag net re �jjot L htteLtp c atjop
aird,lor rnainteMange _prqWern ��_gij(jtau cg�� tng�dral construction activitieLS-1
ter qR-yCQ—U Lim wish
to consider annIving fornecinl Order by (7nmE-ref Tf vnit lulvp nnif Qbrmf -d-klL "i-il
kqjLtonal ftrce �tLQ41 663 - 1699.
(D
'e) lichael L. Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources

ATTACHMENT
cc, Mooresville Regional Office Compliance File NNd' attachments
Raleigh Compliance/Enforcement File / attachments
Central 'iles wry' attachments
n 1p"'nip

ATTACHMENTA
CASE NO. LV-2013-0147
utfll Date Parameter Rmqtqf Permit Limit
001 Week ending 4/6/13 BOD1 . 0rrr 12.0 mg/L (Weekly average)
001 Weekending /27/13 BOD 1 .1f tr7rg/1' 110 ing/L (Weekly, average)
001 41"30/13 BOD 15A mg L ,0 r g/l, (Monthly average)
001 ,$a 0/13 Ammonia 2.0 rng/L 2.0 rn, /t. (l' on lily° average)
Denotes civil penalty assessment
The City of Claremont gild not provide a response to NOV- 1 1 -L,V-1 1 . DWR staff di
review the comments provided on the .April 2013 DMR,, Mitigating factors were no
found to result in a reduced civil penalty amount.

STATE OF NORTH CAROUNA
COUNTY OF CATAWBA
DEPARTMENT OF ENVIRONMEN"l'
AND NATURAL RESOURCES
UNTHE MATTER OF ASSESSMENT WAIVER, OF RIGHT 10 AN
CITY OF Cl.,AREMON T" TIP i 41 ,A Tf„IS'4 OF FACTS
FILE NO, LV- l 3 -0147
Having been assessed civil penalties totaling 1 1 .)l for violations as set Barth in the
assessment document of the Division of Water Resources dated August 7. 201.3, the undersigned,
desiring to seek remission of the civil penalties, does hereby wive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned fi rther understands that all evidence presented in support of remission of
this civil penalty Faust be submitted to the. Director of the Division of y'ater Resources rces within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after 30 days from the receipt of the notice of assessment,
This the day of__..,... 2013
BY
ADDRESS

SUSTIFICATION FORREMISSION gLQtjF,,ST
DWR Case Number: LV-2013-0147
Assessed Party: City of Claremont
County: Catawba
Permit Number: NCO081370
Amount Assessed: $1,148.91
Please use this form when requesting -remission of' this civil penalty, You must also complete the
KeLy Lies r erns s Rs�()?.7 If,` ',R t. to an Administrative I
L Fo ---- —,— --,p/ LaLI ()!L-(2L BY-CPF
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 linuted to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document,
Pursuant to N.C.G.S. § 143B-282, I (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to Vour
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 civiLpgnaltva< sessm ern factors in N.C.G.S. 143B-282,1 b rye e
to the detrinsent of the petitioner (the assessmentfiactors are listed
in the civil penalty, assessinent document .-
(b) the violatqj_pLOrnVLIy ahL ed c�j hun: Y rivironmetItal datrra;g,�z in , ILrL)rn the�
4— -- rm --- -- ---
violation, (i.e- explain the steps that you took to correct the violation andprevent
occurrences):
(c) the violation was inadvertent or a result of am accident (Le- ex
plain vv4y the violation
was unavoidable or somethingyou could not prevent orpreparefi))),�
(d) the violator had not been assessed civil
i�Ls t u,- previous vioons cal -fj�Az —
(e) Mynient of the, civil naIt r files v,,ent"a Lijent I'QE
--- Prq— _. Akre rcrr airrin jjgces�gry reme�dial
qqtiprjs (i. e., explain how payment of the civil penalty will prevent youftom peyfortning
the activities necessatj, to achieve compliance),
EXPLANATION: (use addilional pages as necessa?j)

Violator:
Facility:
MeLin Creek WWTP
County:
Catawba
Case Number:
1,V-2013-0147
Permit Number:
NC 81370
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;
No harm has been documented, However, the discharge of BOD and ammonia in excess of the
permit limits could cause a decrease in the instream dissolved oxygen concentration downstream of
the facility. The receiving stream is McLin Creek, class C waters, in the Catawba River basin,
2) The duration and gravity of the violation;
The BOD concentration was 13,0 mg/L and 19.0 mg/L on April 1s'and 19t'. These were the only
samples collected during the week in question causing a weekly average violation compared with the
permit limit of 12.0 mg/L (8,3% and 28,3% respectively), The two elevated concentrations contributed
to a monthly average BOD concentration of 15,4 mg/L, which exceeded the permit limit of 8.0 mg/L
by 92.3% The ammonia concentrations of 0,,49 mg1L, 0.61 mg/L, 0,23 mg[L, 4.67 mg/L, and 4,20
mg/L during the month resulted in a monthly average ammonia concentration of 2.04 mg/L compared
with the permit limit of 2.0 mg/L (2.0% excoed ance).
3) The effect on ground or surface water quantity,, or quali4, or on air quality;
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;
V WIM

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 22 previous CPAs for the McLin Creek WWTP with one CPA issued in the past 1
months,
Case Number Description
L '1 0 1 LV for BOO. Pen 1 � yid in ful!
The,costto the State of the enforcement procedures.
The cost to the Division of Later Resources is $148.91.
Cate Michael L. Parker, Regional Supervisor
MooresvilleMooresviHe Regional Office
Division of Water Resources

Report Date; 07115113 Page: 2 of 7
PERMIT. Vw� I�
PERMIT: NCO081370
FACILITY: City of Claremont McLin Crook WWTP
COUNTY
Catawba
REGION.
- Mooresville
Urnit Violation
MONITO IN OUTFALL d
VlOLADON
UNIT OF
CALCULATED
REPORT ppt
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION'ryPE
VIOLAIL ION AC7tON
04 - 2013 001
Effluent 800, 5-Day (20 Deg, C) -
04106113
Weekly
mg/11
12,",
13
8,33
Weekly Average Exceeded
None
Concentration
04-2013 001
Effluent BOD5-Day (20 Deg, C) -
04127113
Weekly
Mg/1
12'v'
19
58,33
Weekly Average Exceeded
None
Concentration
04-2013 001
Effluent BOO, 5-Day (20 Deg.
04130113
Weekly
mgll
a
1538
92.25
Montf0y Average Exceeded
None
Concentration
04-2013 001
Effluent Nitro n, Arnonia Total (aa
romncentration
04130113
Weekly
rng/1
2
2.Izot
2
Monthly Average Exceeded
None
N) -