NC0081370_Enforcement_20140121

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NCDENR
WATER QUALITY REGIONAL
OPERATIONS SECTION V
610 E. CENTER AVE. SUITE 301
IVi(�f�RF�VII I F NC 7R115
L r-

kp�w . JA
CDEN"K"
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water QuaI4 Regional Operations Section
Pat McCrory Thomas A, Reeder John E Avarla, lil
Governor Director Secretary
January 21, 2014
CERXIFIED MAIL 7010 1870 0001 1558 1481
RETURN RECEIPT REQUESTE D
Mr. Doug Barrick, City Manager
City of Claremont
R 0. Box 446
Claremont, North Carolina 28610
StJBJE(,',T- Notice of Violation and Assessment of Civil
Penalty for Violations of N.C- General Statute
143-215 . I (a)(6) and PDES Permit No. NCO08 1371
Mcf,in Creek WWTP
Catawba County
Case No. 1,V-2014-0009
Dear Mr. Barrick,
This letter transmits a Notice of Violation and assessment of civil penalty in the arnount of
$1,711.41 ($1,562.50 civil penalty + $148,91 enforcement costs) against the City of Claremont.
This assessment is based upon the following facts.- A review has been conducted of the, self -
monitoring data reported for September 2013. This review has shown the subject facility to be in
violation of the discharge limitations found in PDES 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 Ise it No. NCO081370 and North, Carolina General
Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Anactiment A. A civil penalty may
be assessed in accordance with the maximurns established by G.S, 143-215,6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
Provided by the Secretary of the Departuient of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Andrew Pitner, Assistant, Regional Supervisor for the Water
Quality Regional Operations Section, Mooresville Region, hereby make the following civil penalty
assessment against the City of Claremont -
Mooresville Regtonal Offbe
LaCafion ' 610 East Center Ave, Suite 301 Moorpsville, NG 28115 One
Phom ( 704) 663-1699, ' Fax, (704) i83-6040 � Cuslorner Service I-B77-623-6748 NofthCarofina
�nwmet lit il
11

625.00
For-2 of the three (3) violation(s) of G S � 143 15.1(a)
and I 1S Permit No. NCO081370, by discharging waste into,
the waters of the State in violation of the permit weekly average
effluent limit for, biolo ical odemandy en demand (BOD).
9
___937.50 For — I"___ of the one (1) violation of G.S. 143-215,1(a)(6) and
NPDES Permit No. NC'0081370, by discharging waste into the
waters of the State in violation of the pernin monthly aver -age
effluent limit for biological oxygen demand (BOD).
$____L562,50 TOTAL CIVIL PENALTY
148.91 Enforcement costs
TOTAL AiNIOUNT DUE
Pursuant to G.S. 143-215,6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G. S, 143 B-282.I(b) which are:
(1) The degree and extent of haven 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 'minis ion has regulatory authority; and
(81) 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 inclu&waiver,fore .), Payrnent of the penalty will not foreclose further
enforcement action for any continuing or new violation( ).
Please submit payment to the attention of:
Point Source Compliance/Enforeement Unit
Division of Water Resources
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 rerrtission is limited to consideration of the'rve 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 as remission
request forecloses the option of an administrative hearing, such a request must be accompanied by as
,kvaiver of your right to an administrative hearing and as stipulation that no factual or legal issues ate in
dispute. Please prepare a detailed staternetit 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 xvhether a remission request will be approved, the following factors shall be considered:
(1) whether vane ear more of the civil penalty assessment factors in G.S. 143 B-282, I (b) �vcre
v,,Tongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting Erorn
the violation,
(3) whether the violation was inadvertent or to result of an accidentl
(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 necessar)r
rernedial actions.
Please note that allinformation presented in support of your request for remission must be submitted
in writing. The Director of the Division of N'ate r Resources will review your evidence and inforin
you of his decision in the matter (if 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 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 requestrernission, you as complete and submit the enclosed "Waiver of Right to an
Administrative I -tearing 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
"Justification for Remission Request." Both fornis should bc submitted to the following address:
Point' ource Compliance/Enforcernent Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, forth Carolina 27699-1617
Z-1
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 rmist file as petit iorifear
an administrative hearing. You may ()brain the petition f6rm Porn the Office of Administrative
Ilearings, You must file the petition with the Office of Administrative Ilea rings within thirty (30)
days of receipt of this notice. A petition, is considered riled when it is received in the Office of
Administrative 14carings during norrnaa[ office hours. The Office of Administrative Hearings accepts
filings Monday, through Friday between the hours of 8-00 a.m. and 500 p.m., except for official state

holidays. The pCtitiOn may be filed by lacsimile (fax) or electronic mail by mi attached file with
restrictions), - provided the signed original, one (1) copy and a filing fee if a oiling tee is required by
NCGS § 150,13-212) is received in the, Office of Adnitnistrative Hearings within seven (7) business
days following the taxed or electronic transmission. YOU should contact the Office of Administrative
Hearmgs with all questions regarding the filing fee and,,"or the details ofthe filing Process. The
mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
Oft -we of Adi-ninistrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel, [phone]; 17ax: (919) 43 1 -3 100
One (1) copy ofthe petition must also be served on DENR as tbllows-
Mr. Lacy Presnell, General Counsel
DENR
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 ol'this notice, as
evidenced by in internal date/time received stamp (not a postmark), will result in this Inatter 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 c�on!ipu— tig—na--tyre, —14 op atiLon qn(t,�Ipr
mainterianegprqblems LqpLj-hQ!jjtnj,-jcj-p
_Ae-e—nrd_ial cqp.s—tr—u-tion activitigsI_iq1p—w—
i I i t
(Insider o
Lipplyr, i n g SpeciaU I 'I". C"onsent I fvou, havg vil en,
_Aqy_queqj�jjjLabout this ci
.-- — --"—'-P— j1hal
assessment car c 1L)LdeLb o (Lce Wate asontact the. Rff esources staof the Mooresville
-_y-Ljb
gnat Q Il i c e a 7t14 63-1699,
(Date) Andrew Pitner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources
ATTACHMEN"I"S
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Cornpliance/Enforcernent File w/attachtnents
Central Files w/ attachments
ap/ma

ATTA,CHMENT A
CASE NO. I,V-2014-0009
Outfall Date Parameter Revorted Value Permit Limit
001 Week ending 9/7/13 BOD 13,0 nig/L 12,0 mg,/L, (Weekly average)
001 Week ending 9/14/13 BOD 1&0 rng/,I,* 12.0 mg/ L (Weekly average)
001 Week ending 9/2 1/ 13 BOD 15.0 mg/],* 12-0 rng/L (Weekly average)
001 9/30/13 BOD 13.6 mg/l,* 8,0 ingft (Monthly average)
'Fhe City of Claremont did not provide a response to NOV-2013-ILV-0732, DWR staff did
review the comments provided on the September 2013 DER. Mitigating factors were not
found to result in a reduced civil penalty arnount,

STATFOF NORTH CAROLINA DEPARTM FNT OFEN VIRONMENT '14
AND NATUIRAL Rf,-,',,SOtJR,CES
COUNTY OF CA FAWrl3A
IN THE MATTER OF ASSESS N­I_ENT WAIVER OFRIGUTTO AN
OF'CIVIL PENALTY AGAINST ADMINISTRATIVE HECa AND
CITY OF C1,ARJ__,�,'M0NT STIPUL,A]" ION OFFACTS
PERNNUT NO. NC10081370
I'lLE NO. f V-2014-0009
Having been assessed civil penalties totaling $1 t711.4 1. for violation(s) as set forth in the
assessment document of the Division of Water Resources dated J�aquary ' �2 t 2014, the undersigned,
desiring to seek, remission of the civil penalties, does hereby waive the right to air administrative
hearing 41 the above -stated matter and does stipulate that the facts are as alleged in the ass esstu ent
document. "the undersigned'Further understands that all evidence presented in support of remission of
this civilpenalty must be submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment. Nonew evidence in support of a remission request will be
allowed after 30 days from flie receipt of the notice ofassessinent.
This the day of 2014
BY
ADDRESS
TELEPHONE

DWR Case Number: LV-2014-0009
Assessed Party: City ofClaremont
aunty: Catawba
Per~ it Number: NCO081370
Amount Assessed: $1,711.41
Please use this form when requesting remission of this civil penalty, You must also complete the
" e uesL taa- . emiossirtn, VLio14Y c) i �r t )ern ��a�nhzi tr ive Hearin c�nd a,Stt LuLation ;; _� eict
---
form to request remission of this civil penalty, You should attacb any tf Murents that you belies"
support your request and are necessary for the Director to consider In evaluating your request for
remission, Please be aware that as request for remission is hunted to consideration of'the five fa tors
listed below as they may relate to the reasonableness of the amount of tlac civil penalty assessed.
Requesting ren-u sion is not the proper procedure for contesting s�-hcther the violation(s) occurred or
the accuracy ofw any ofthe ctUal statements contained in the civil penalty assessment document.
Pursuant to Kt':tr,S, § l 3B- .1(c), remission of a civil p taafty may be granted only when carne or
more of the following five factors applies. Please check each. factor that you believe applies to your
case and provide a detailed expl,°anation, including copies of supporting c tacaarraIentS as to Nvily the
factor applies (attach additional page, as needed).
sad one or rrtcrc of the cat ctaalt ° ssrttcnt factors an t 1
lred to _the detriment of the etitir neT fife ass ssment ,&icturs crrc listed
in the civilpenatltt, gas es,si ent a ocuatent,1
{l the viola or ro' t,ly abated contira lr tjKI )grnental daarfaa r stia�tin from the,
violation (i, e., exp. hiin the st"ee )s that you took to correct the violation and r° vent
Ifistur. occurrences)'
lc the violation was inadvertent or a result of aan accident (Le, explaoi Wry the violation
was unavoidable able or errs° ethhkg you could meat prevent or prep ar e ft r°)
l .f the violator had not been assessed eiVLI p teal lames far � et �r yions xmm��rlaticatts,
%e p4yrale1q rat'th(( jvil pqpLalty xil tat ,yi1 t tor the r pa�rttatp g sar re!n cif l
acne, (i.e, e�tj,)Iain frartapayment (tf the civil pena lq, will prevent n'l f rarrr performing
.-
that activities necessrar°wa." to achieve carrrgVi ance),
EXPLANATION: (use aadditiotteal pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: (,jjy of jaremont
Facility: lc Lin Creek WWTP
County: Catawba
Case Number- LV-2014-0009
Permit Number: NCO3 70
The degree, and extent of harm to the natural reiources 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 in excess of the permit limits could
cause a decrease in the intern dissolved oxygen concentration downstream of the facility. The
receiving stream is Mctin Creek, class C waters, in the Catawba River basin,
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;

7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been 27 previous CPAs for the McLin Creek WW`TP with six CPAs issued in the past 12
months,
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148.91
Date Andrew Pitner, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources

NPDES DMR Violation Penalty arksh et
Facility: t�1 l�in Creek tern ._
berPrevig� FIo
i Violations:
iola ion Reduced Penalties: done of prior penalties were reduced
Proposed .2 [ No lea o
ultiplier Response:Coents.
Response i i ll- l P dated 12130113; no response provided
Information:
There were three Meekly BOD violations (3.3%, %, and 2 % over limit) and
a monthly BOD violation (70% over); three of fear proposed for penalty,
September DMR notes: "The facility Mill continues to investtigate influent
DMR characteristics, which led staff to find that a discharge from one of our
Information: industries had an inhibitory effect on the facility process. The City of Hickory
staff and the City of Claremont have been working with the industry to resolve
the issue. The changes made to the industrys process have improved
conditions at the facilty.`"
i Previous CPAs in Sept,-12 and Apr, -August 2013. Total penalties
Previous Violation 10,049. 9. tr month in a row of violations; October DMR was
Information:
� compliant,
Weekly P Ct violation (33.3% over limit) B noted, "Plant received
higher than normal solids and high BOB from unknown source. The plant
ept�2 has recovered and has been well within the weekly and monthly limits
since the occurrence."
There were two weekly BOIL violations .3% and 58.3% over limit
monthly B C violation (92.3% oven, and monthly ammonia violation (2°i'
over; two of four assessed. DMR notes, "The facility received an
unusually elevated level of surfactants in the influent stream; which
Apr-13 contributed to an upset to the plant process. We are currently feeding
surfactant macro -organisms 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.." No upset called into t -r reporting required y
permit if claimingupset.
here were three weekly1 violations , g .7%, 7 �7 , and 75% over
(
limit), monthly BOCK violation ( 1 1. a% oven, and monthly ammonia
violation (2 .4% oven; four of five assessed -only BOCK. DMR notes, "The
facility influent flow contained foaming surfactant, which caused an upset
to the plant process. We are continuing to feedsurfactant micro-
lay-1 3 organisms to help speed recovery to the plant process. In addition, the
City of hickory and City of Claremont are meeting with local industries to
talk about the use of surfactants in their processes and possible ways to
reduce the amount that is used. We are continuing to monitor industries
for flow characteristics to fund passible sources of the problem to prevent
future violations.
Page 1 of 2
Rev, 0, 1-10114

NPDES DMR Violation Penalty Worksheet
There were three weekly BOD violations (33. 3%, 183.3%, and 108,3%
over limit), monthly BOD violation (137.2% over), two weekly ammonia
violations (56.5% and 136,7% over), and a monthly ammonia violation
(149-4% over); seven of seven violations assessed. DMR notes, "The
facility is still struggling to recover from the upset that occurred. The
increased rainfall we have received has significantly slowed the recovery
process, We are continuing to feed surfactant micro-organisms along with
regenerative micro-organisms to help speed recovery to the plant process.
June-13 In addition, we are continuing to monitor industries for flow characteristics
to find possible sources of the problem to prevent future violations." The
flow data reported on the June 2013 DMR was reviewed. The plant is
permitted to handle 0.300 MGD flow, The highest flow noted on the June
2013 DMR was 0.236 MGD and there were only 3 of the 30 days in the
month with a flow >0,20 MGD. The average influent flows from January to
June 2013 were 0. 16 MGD, 0.157 MGD, O� 132 MGD,, 0, 154 MGD, O. 135
MGD, and 0, 141 MGD so rainfall does not appear to be impacting the
influent flow in June,
There were three weekly BOD violations (75%, 33,3%, and 33,3% over
limit) and a monthly BOD violation (105% over)? four of four assessed.
DMR notes, "the facility received abnormally high amounts of rainfall,
which in turn caused hydraulic overloading at the facility. This has
July-1 3 l significantly slowed the recovery process. We are continuing to feed
regenerative microorganisms to help speed recovery to the plant process' The highest flow noted on the July 2013 DMR was 0,454 MGD and there
were 4 of the 31 days in the month with a flow >0,30 MGD (permitted flow
i limit,
There were five weekly BOD violations (50%, 41,7%, 50%, 33.3%, and
8,3% over limit) and a monthly BOD violation (100% over); five of six
F proposed for penalty, August DMR notes.- "The facility is still recovering
I August-13 from abnormally high amounts of rainfall, which caused hydraulic
overloading at the facility. This has significantly slowed recovery process.
We are continuing to feed regenerative micro-organisms to help speed
recovery to the plant process."
dome flow fromC--larem-ont North \ANVTP directed to Mc in Creek WWTP
Other Relevant including washwater from trucking site high in surfactants; permitted flow
� =Information: of 0.300 MGD.
d' $1,56. 250 Penalty 'increase E
Proposel Decrease El S
Penalty Outcome: ame
Final Penalty Lj $ �1171,111d, X-1.11
Notes: . . ......
4, A
age 2 of 2
Rev. 0, 1-10114

)RING REPORT(MR) VIOLATIONS for: Report Date: 1=4113 Page: 2 of 6
PERMIT. NCO081370 FACILITY: City of Claremont - McLln Creek WWTP COUNTY: Catawba REGION: Mooresville
Limit Violation J-
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VICLATIONACTION
1 -2-
09-2013
001
Effluent
BOO, 5-Day (20 Deg, C) -
09107113
Weekly
mg/I
121/
13
B,33
Weekly Average Exceeded
None
Concentration
09-2013
001
Effil.jert
SOD, 5-Day (20 Deg. C) -
09114113
Weekly
mg/1
12 1-/
18
50
Weekly Average Exceeded
None
Concentration
09-2013
Doi
Effluent
BOO, 5-Day (20 Deg, C) -
09/25113
Weekly
mg[I
12"'/
15
25
Weekly Average Exceeded
None 4
Concentration
09-2013
001
Effluent
BOD, 5-Day (20 Deg. C) -
09130113
Weekly
mg/l
8
13,6-11/
70
Monthly Average Exceeded
None___'
Concentration
PERMIT: NCO065242
FACILITY: Town of Grover -
Grover WWTP
COUNTY:
Cleveland
REGION: Moores
Limit Violation
5
MONITORING
OUTFALL l
VIOLATION
UNIT OF
CALCULATED
REPORT
PPP
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
09-2013
001
Effirient
Nitro en, Ammonia Total (as
Foncentration
G910 T1 13
Weekly
rng1I
11,7'.'/"
4 18,—"""
57.26
Weekly Average Exceeded
None
N -
09P2013
001
Effluent
Nit"08 en, Ammonia Total (as
09130113
Weekly
mg/1
3.9
8,95
130,13
Monthly Average Exceeded
None
N) - oncentration