NC0081370_Enforcement_20130917

I. . •os a ervice ir.,
CERTIFIED MAIL,., RECEIPT
✓ (Domestic Mail Only;No Insurance Coverage Provided)
0
For delivery information visit our website at www.usps.com
u OFFICIAL U E
n Postage $
n
Certified Fee 1 � ��
jReturn Receipt Fee
(Endorsement Required)
Restricted DeliveryFee �S/
7 (Endorsement Reuired) I ��
ElS3li
3 To CITY OF CLAREMONT
3 son. PO BOX 446
1 CLAREMONT NC 28610
orP
� orP ATTN: MR DOUG BARRICK, CITY MGR
City, c w.Q

;edified Mail Provides:
I A mailing receipt
I A unique identifier for your mailpiece
I A record of delivery kept by the Postal Service for two years
mportant Reminders:
i Certified Mail may ONLY be combined with First-Class Mai®or Priority Mail(
Certified Mail is not available for any class of international mail.
NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables,please consider Insured or Registered Mail.
i For an additional fee,a Return Receipt may be requested to provide proof o1
delivery.To obtain Return Receipt service,please complete and attach a Returr
Receipt(PS Form 3811)to the article and add applicable postage to cover the
fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver foi
a duplicate return receipt,a USPS®postmark on your Certified Mail receipt it
required.
i For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent.Advise the clerk or mark the mailpiece with thi
endorsement"Restricted Delivery".
I If a postmark on the Certified Mail receipt is desired,please present the arti
cle at the post office for postmarking. If a postmark on the Certified Ma
receipt is not needed,detach and affix label with postage and mail.
MPORTANT:Save this receipt and present it when making an inquiry.
'S Form 3800,August 2006(Reverse)PSN 7530-02-000-9047

ENDER: COMPLETE THIS SECTION C(.AIPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. g Agent
• Print your name and address on the reverse di/ Ai'0 le- tI '\C1,gddresse
so that we can return the card to you. B. •-ceived by(Printed Name)' C Da-of Deliver
• Attach this card to the back of the mailpiece, �
or on the front if space permits. , D
D. Is delivery address different from item ? ■ es
1. Article Addressed to: If YES,enter delivery address below: ■ No
CITY OF CLAREMONT
PO BOX 446
CLAREMONT NC 28610
ATIN: MR DOUG BARRICK, CITY MGR 3. Service Type
1Z2IdL ertified Mail ❑ Express Mail
Registered eturn Receipt for Merchandis
❑ Insured Mail C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Artic 7010 0780 OODO 5562 1842
(Tray
— _ . .. . . ----

UNITED STATES POSTAL SERVICE 111111 First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NCDENR
SURFACE WATER PROTECTION
610 EAST CENTER AVE
SUITE 301
MOORESVILLE NC 28115
!: FF ff: :}:i7FF{}F•{:F IFFY � F 1!lilFi'7 l Ili

=,1
FF irCb NR FILE/��,
North Carolina art n Environment and Natural Resources
Division of Water Resource
Water Quality Section A, Reeder Jean E. S rla, {{
Pat irony �tanas Director Secretary
Governor
September t 7, 01
I I IJ I , C II PT l I� -S" `F II
Mr. Doug l arrick, City Manager
City of°C"lareniont
1'.0, Box 446
Claremont, North Carolina 28610
SUBJECT: Notice of Violation andAssessment of Civil
Penalty for Violations of N.C. General Statute
143- 1 .1 0(6) mid NPDES Pernnit No. NC O0813 0
Catawba Comity
Case No. LV-2 1 -01 9
Isar Mr. Barrickl
This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of
1,648.91 1, 00-0i civil penalty {- $1 .' 1 enforcement costs) against the City ofClaremont.
This assessment is leased upon the following facts: A review has been conducted of the self -
monitoring shox the subject facility, to be in violation
z�c�rt�arzza � data reported ported 1r May 1 a�� �1 This rep°ic��°
of the discharge limitations found to 1v1l LEES Permit No. NC 0 l 37 ® The violationsare swirmarized
in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of lawthat the City of Claremont violate
the terms. conditions, or requirements of lT' DES Permit No. NCO0813 70 and North Carolina General
Statute (G.S.) 1 - 1 .l (a)( in the mariner and extent sho\N, , z in Attachrnent A, A civil penalty zna
be assessed in accordance with the maximums established, by G,S„ 1 3-51 f,6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Deb :
Department of Environment and Natural resources and the Director
of the Division ofWater Resources., 1, Michael h- Parker,
Regional ional Supervisor for the yrlooresvillc
Region, hereby make the following civil penalty assessment against the City of C.'`laremont.
Mooresville Read€ nan I(atlk`e On
Location' 616 East Center Ave,6a ttp 301 Mooresville, villa �4 � �� t5 -r.� ��� - � � "arolin
}' 1 a. �,'r 663,16919 a 04 �s�?°�����a�s,.li�CvCC'e�r,�aP"�#""fir' :���>€�1+`«%:
meinet i1ttp 0puT'ta8 nr enf--r6.'weh.iq Aiiiturally
,: a °, .. t. t�. j t.. -

r
l'or 3 of the three (3) violation(s) of G.S. 143-215. l(a)(6)
and ND
ES Permit No, NCO0813 70, by discharging waste into
the waters of the State in violation of the pertint weekly average
effluent limit for biolog�.9ical oxygen demand (BOD).
tz
$._-----750.00 For I of the one (1) violation of G,S. 143-215.1 (,�)(6) and
NPDES Permit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for biological oxygen demand (BOD).
0.00 For .__",.I
- " " I of the one (1) violation of G.S. 141-215. 1 n (a)(6) are
NPDES Permit No. NCO081370, by discluirging waste into the
waters of the State in violation of the permit monthly average
effluent limit fi)t ammonia,
$--1,5KOO------
14&91
I 648.9L
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DIJE
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 1,aNv and the factors set forth at GI.S. 14311-282-1 (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) 'rhe 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 arnount of money saved by noncornpliance.-
(6) Whether the violations were committed willfully or intentionally-,
(7) The prior record -of the violator in complying or failing to comply with progranis 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 ii(--)tice, you must do one of the followingw
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment arid Natural
Resources do not inc1ude waiverform). 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 CompliancefEnforcernent Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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 thereasonableness 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 assessirient 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 arid 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 following factors shall he
considered-
(1) whether one or more of the civil penalty assessment factors in (3,S, 14313-2811 (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an, accident;
(4) wvhether the violator had been assessed civil penalties for any previous violations, or
(5) whether payment of the civil perialty wilt prevent payment for the remaining necessary
remedial actions.,
Please note that all information presented in support of your request for remission must be
submitted in writing, The Director of the Division of Water, Resources will review yore` evidencl, and
inform you of his decisionin 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 Conunittee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information than was not part of the Original
remission request considered by the Director. 'Therefore, it is very imPortant that you prepare at,
complete and thorough statement in support of your request for remission,
In order to request remission, you must complete and submit the enclosed "Waiver of Right. to
an Administrative Hearing and Stipulation of Facts" form within thirty (.30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed
11ustificationfor Remission Request." Both forms should be sub , mitted to the following address:
Point Source Compliance/Enforcernent 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 flearings:

If you wish to contest any staternern: in the attached as: document you must file a
petition for an administrative hearing, You may obtain the petition forrit from the Office of
Administrative Hearings. You must file the petition vvith the Office of Administrative Hearings
within thirty (30) days of receipt ofthis notice. A petition is considered filed when it is received in
the Office of Administrative Hearings during normal office hours. The Off ice of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p,rm,
except for official state holidays, The petition may be filed by facsimile (tax) or electronic mail fey air
attached file (with restrictions) - provided the signed original,, one (1) copy and afiling fee (if is filing
fee is required by NCGS §150B-23.21 is received in the Office of Administrative Hearings within
seven (7) business days following the faxed or electronic transmission. You should contact the
Office of Administrative Hearin 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
Bearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
'rej - [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEN R a,,, follows:
?Vlr. Lacy Presneti, General Counsel
D EN R
1601 Mail Service, Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/tirne received stamp (not a postinark), will result in this matter being
referred to the Anomey General's Office for C011ectiOu 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 assessinent. If the violations are of a continuing nature, trot related too eratie��r,
andil"or.mainLenagnigg-prghtqpis, and_aF.L)ri qLitici iat!� re iedial construction activities, then vo 1� �'ash
assessment orA—SmecLal —OrderrbyPnsentplease contact e.Water Resources staff of the Mooresvill
e AL
1�e jQnal Office at,(j 66='-1699,
t"lichael L Parker, Regional Supervisor
e)
Mooresville liegional Office
Division of Water Resources

A TACHM ,r
�tooresville Regional office Compliance Idle w/ attachments
Raleigh Compliance/Enforcement File _/ attachments
merit
Central l `ales Nv/ attachments
t l /m

CASE NO. LV-2013-0169
Outfall Date Parameter RmaqtAia ae Permit Limit
001 Week ending 5/4/13 BOD3. g,/ 110 n--t/L (Weekly. averse)'
hill Week edits 5/11/13 BOD 2l 0 m /L 12. mg/L (Weekly average)
001 Week ending /25/1 3 BOD 2 1. 0 /l,. , mg/L (Weekly average)
Denotes eivil penalty assessment
The City of Claremont did not provide a response to NOV-201,3-1,,V-0465, DNNR. staff did
review the cornnients provided (,,)n the May 2013 DMR,. Mitigatingfactors were found to
result in a reduced civil penalty . amount,

STATE OF'NOR'rFI CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RE 01 IRCES
COUNTY OF CATAWBA
'fI-IE MATTER F ASSESSMENT 'AI ER OF RICifl F "I`O A
OF CIVIL PENALTY AGAINST kDMINI TRA,TTVE HEARINGAND
CITY OF CL£. EMf)NT STIPULATION OF FACTS
PERMIT NO, NIC00813 70
FILE NO. LV-2013-0169
Having been assessed civil penalties totaling $1,648.91 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 17, 20,13, 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 he submitted to the Director of the Division of WaterResources .esources 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 w.. �. m. day of 2013
BY
ADDRESS
TELEPHONE `

JUSTIFICATION FOR REMISSION REQUEST
I Case Number: LV-2013-0169
Assessed Party. City of Claremont
County: Catawba
Permit Number: NCO081370
Amount Assessed: $1,648.91
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request Tor -Be iission giver. a Right tQ an 44?inistrative Hearing -1nd 'it
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a, request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment docurnent.
pursuant to N.C.G.S, § 14313-2811 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty, were , I 'b). assessment factors in N.C.G,S. 143B:! -
LALrQumlIy_APdied .to the detriment off" tljc-Ntinoner (the assessmentfactars are listed
in the civil penalty assessment document);
(b) the violatpITEemprly abateontit tin envirotrrtaenuh� darn �, es Itin from the
violation (i,e,, explain the steps that you took to correct the violation and prevent
fititure occurrences)"
0- LI
(e) the violation —
was inadvertent or a result of an accident (i.e., explain why the violation
-S—
was unavoidable or something you could not prevent or preparefior);
(d) the violator had not been mass cssedcivil nalties fQj_qtiy _grejiqus vj_Qlation,.,;;
(e) olment 9ftlae civil
reairnecess�qryremedial
actions (i.e,, explain hou, payment of the civil penalty will prevent youftom performing
the activities necessarvy to achieve compliance),
EXPLANATION: (use additionalpan ges as necessary)

Violator:
City -of Claremont
Facility:
McLin Creek WWTP
County:
Catawba
Case Number:
LV-2013-01tip
Permit Number:
NC008 1370
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
2) The duration and gravity of the violation;
01
rz
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. However, ammonia -nitrogen and BOD are treated as
in -stream toxicants by the State of North Carolina. Ammonia and BCD are oxygen -consuming wastes
and therefore increased concentrations could reduce the amount of oxygen available to aquatic
organisms,
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;
The Division of Water Resources has no evidence that the violations were committed willfully or
intentionally. The permittee notes on the April and May 2013 DMRs that "the facility received an
unusually elevated level of surfactants in the influent stream which contributed to an upset of the plant
process. We are currently feeding surfactant microorganisms along withr regenerative
microorganisms to help speed recovery to the plant process, In addition, we continue to monitor
industries for flow characteristics investigating the possible sources of problematic flows to prevent
future violations,"' Please note that truck washing wastewater is trucked from the Claremont North
WVV7P to the McLin Creek WWTP for processing since this wastewater cannot be handled by the
North WWTP-1 could be contributing to the noted violations,

7) The prior record of the violator in comp grin or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been 23 previous CPAs for the McLin Creek WWTP with two CPAs issued in the past 12
months.
Case Number Description
LV-2013-0147 $1,148,91 LV for BOD and ammonia. Penalt d in fuli,
LV-2013-00 8 $397 44 LV for BOD, Penaltyvas_Ass agin full.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148,91,
Oie—T- Michael L Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources

Report Note: 08/07113 Paqw 2 of 7
PERMIT: NCO034764
FA ITY: Commcope Inc - ComMscope WWTP
C,
COUNTY:
,,
Catawba -
REGION: Moor"ville
Limit Violation
�4 ONITORIN�
OUTFALL
VIOLATION
4"T OF
t
CALCULATED
REPORT
pp�
LOCATION
PARAMETER
DATE
FAfQUENCY
k(EASURE
LIMIT
VALUE
OVER LIMIT
VIOLATION TYPE
V$OLATIONCTIOR
05 .2013
001
�Muent
BOD, 5-bay (20 Deg, C)X'i'
05128/13
Wee)q
rngii
'24—
2&8
20
Daily Maximum Exceeded
None
Concentratiop,
PERMIT: NCO081370
FACILITY: City of Claremont - McLin Creek WWTP
COUNTY: Catawba
REGION: Mooresville
Limit Violation
A
MONITORING
REPORT
OUTFALL 1
PPI
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE % OVER LIMIT
VICLATION"TYPE
VIOLATION ACTION
05-2013
001
Effluenl
CoBOD, 5-Day (20 Deg, C) -
ncentration
05104113
W
g1leekly m
12
23:
91.67
Weekly Average Exceeded
None 'ftp
001
Effluent
SOD, 6-Day (20 Deg, C) -
Concentration
05/11/13
Weekly
mg1l
12—
21
75
Weekly Average Exceeded
None
05-2013
001
Effluent
SOD, 5-Day (20 Deg, C) -
05125113
Weekly
mg/I
12
21
75
Weekly Average Exceeded
None
Concentration
05-2013
001
Effluent
ROD„ 5-Day (20 Deg. C) -
Concentration
051311/13
Weekly
mg/l
8
16,85
11062
Monthly Average Exceeded
None Ll
05-2013
001
Effluent
Nitro en, Ammonia Total (as
N) - 8oncentration
05i31/13
Weekly
Mg/I
2
2.55­'
27.38
Monthly Average Exceeded
None