NC0081370_Enforcement_20150921

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PAT MCCRORY
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SerWaterResources
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ENVIRONMFNTAL QUALITY
S. JAB ZIMMERMAN
January 12, 2016
Dereclor
CERTIF IED MAIL 7013 2630 0001 8998 4285�
U, TURN REQEIPT ESTED. ,. ;.
1s. Catherine R nbar er, City Manager
City of Claremont
P.O. Box 44 t ;
Claremont, NC, 28610
Subject: Concerning Your Request to Rem., it Civil Penalties c
North W'FP PDE Pen -nit NC O032 62
Case Numbers L-201.5-02t10, L-2015-02 4
McLin Creek WWTP NPDES Pernfit NTC008 13 70
Case NumberL -2 15-0203, L 7-2t115- 2 7§ f
L -2d15- 210, V-2 15_0216, LV-2015-0236
Catawba County-
Dear Ms. Renbar er
In accordance with North Carolina General Statute, 14 -215. rA(t), the Director for of the North
Carolina Division of Water Resources ces (the Director) has considered the infonnation, you submitted
in support of your request to remit civil penalties assessed in the subject cases. The subject
penalty -assessment cases total 11,272.55 (including investigative costs o 1, 22 55),
The Director has granted partial remission 'car all seven 7 cases, 20% of assessed penalties,
excluding vsiig tiv=e costs, This resolves to a total amount due of $9,222.55 [$10,250 x 0.80
,2 . T $1,, 22.55] We have attached a copy of the Director's decisions summary,
Two options are mailable to you, at this stage of the remission process.
1) ` our may pay this balance
If you decide to pay the penalty, please make your check payable to the Department of t
Environmental Quality PEQ . Send the payment, within thirty 30 calendar days of receiving
in
this letter, to the attention off;
Ms. Wren Thed ord
C'DEQ/l ` R/GHQ Pertnitting Section
1617 Mail Service Center
Raleigh, North Carolina 27 -1 17
O

I
r
Pat McCrory
Governor
North Carolina Department of Environmental
September 21, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3557
RETURN RECEIUILQII�jap
Ms. Catherine, Renbarger, City Manager
City of Claremont
P.O. Box 446
Cl arernont, NC, 78 610
SUBJECTNotice of Violation and Assessment of Civil
Penalty for Violations of N r.C. General Statute
143-215. 1 (a)(6) and NPDES permit No. NCO081370
McLin Creek WW'FP
Catawba County
Case No. LV-2015-0203
Dear its. Renbarget:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$896.97 (S750,00 civil penalty + $146.97 enforcement costs) against the ('.try of Claremont,
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for February 2015. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Pen -nit 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 (G.S.)143-215.1(a)(6) in the manner and extent shower in_ Attachment A. A civil penalty, may
be assessed in accordance with the maximums 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 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:
MoofesvMe Regiwal to
Locafion: 610 East Center Ave., Suite 301 Moorauffle, NC 28115
Phone(7N) 663-1699 k Fax (704) G&MG40',I Customer Serke, 1-877-623-67 48
Intemet http-,,t/pottai,ncdenroql/webtwq
An EqluAffirnlwv* Actkor- 'C,mpkiypf - 30% RecycWIALM P= Consumer paptn

h
750.00 For 1 of the one (1) violation of G.S, 143-215. 1 (a)(6) and
NPDES Perrnit No, NCO081370, by discharging --vaste into the
waters of the State in violation of the permit monthly average
effluent limit for animonia.
7W00 TOTAL CIVIL PENALTY
146.97 Enforcement costs
$ 896,97 TOTAL AMOUNT DUE
Pursuant to G.& 143-215.6A(c), in determining the amount of the penalty I have toeninto account the
Findings of Fact and Conclusions of Law and the .factors set forth at G.S. 143B-281 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 atriount of money saved by noncompliance;
to Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with prograrns over which
the Environmental Mwiagement 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 oft e penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include ulaiverjbrm). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit payment to the attention of:
Wastewater Branch
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 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 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 be
considered:
(I) -whether one, or more of the civil penalty assessment factors in G.S. 143B-281 I (b) were
,won fully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage rep sultingfrom
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 information 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
infothe response will provide details
rm you of his decision in the matter of your remission request-
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 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
% rm u -n a�
"Justification for Remission quest." Both fo , s should subs itted to the following, ddrcss
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 fornt from the Office of
Administrative flearings. 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 normal office hours. ' The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 put.,
except for official state holidays, The petition may be filed by facsimile (fax) or electronic mail by an

Atint-lipti file with restrictions) - provided the signed original one (t) cony and a filim, fee if a filina
fee is required by NCGS § 1 50B-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
Office 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, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Nit. Sam M. Hayes, General Counsel
DFNR
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./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 about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
(Date) V:cz- Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section,
Division of Water Resources,, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance./Enforcement, File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO. LV-2015-0203
Outfull Date Parameter Roorted Value Permit Limit
001 2/28/2015 Ammonia 9.1 mg/l* 4 mg/l (Monthly Average)
Denotes civil penalty assessment
City of Claremont response to NOV-2Ell 5-1,V-418 received on July 27, 20t 5 was
reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil
penalty amount.

STATE OF NORTH CAROLINA DEPARTMENTOFENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER ER. CIE ASSESSMENT T AIVER OF RIGHTTO O .
OF CIVIL PENALTY AGAINST ADMINI TR N'FIVE HEARING AND
CITY OF CLARFMONT STIPULATIONOF FACTS
PERMIT iIT iU MBER NCO0813 70
HavingFILE NO. LV-2015-0203
been assessed civil penalties totaling $896.97 for violation(s) as set torts in the
assessment docurnent of the Division of eater Resources dated June, 30 201`the undersigned
desiring to scab remission of the civil penalties, dos hereby waive the right to an administrative
hearing in the above -stated matter r d does stipulate that the facts are as alleged in the assessment
document. nt. 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 eater Resources within 30 days
of receipt of the notice of ass ssin nt. No new evidence in support of a remission request will b
allowed after 30 days from the receipt of the notice of assessment.
'r is the w_. dayy of 2015
E
ADDRESS
TELEPHONE I E

JUSTIFICATION FOR REMISSIIII�I �� S
DWR Case Number: LV-2015-0203
Assessed Party: City of Claremont
County: Catawba
Permit Number: NCO081370
Amount, Assessed: $896.97
Please use this to when requesting remission of this civil penalty. You must also complete the
91 "t , "' t inistrative Hearing, W n'dation
_,q �dSh�ndatiaa Qj'jac s
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 ) occurred or
the accuracy of any of the tactual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(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 doeurnents, as to by the
factor applies (attach additional pages as needed).
(a) one or more of the civil
(the assessment factors are listed
in the civil penal�y assessment document);
(b) the e
violation (i, e., explain the steps that you took to correct the violation andpreveni
dirt ire occurrences),-
(c) the violation was inadvertent or a result of an, accident (Le, explain why the violation
-ovas unavoidable or something you could not prevent or prepare fin) I-
(d) Lhe violator had not been assessed ci�vilen�alties �foran ,t_viousyiolatiqgns;
f e a ra n of the civil malt Aill revert a rent for the remai
actions (i, e., explain hou, penwie nt qfthe civil penalq,, will prevent yo u./rom pe�forming
the activities necessary to achieve, conipliance).
EXPLANATION: (use additional pages as necessary)

Violator. itv of Claremont
Facility: McLin Creek WWTP
County: Catawba
Case Number: _LV--)Ol
Permit Number: ( 0813 70
l) The degree and extent of harm to the natural resources of the State, to the public health, or t
private property resulting from the violation;'
o harm has been documented;
The duration and gravity of the violation;
The Ammonia monthly average permit limit violation was exceeded by l 2 .5% during the month of
February 2015.
The effect on ground or surface grater quantity or quality or on air quality,
The effect on the receiving stream is unknown. Anarnonia-nitro en is treated as an in -stream toxicant
by the State of North Carolina because ammonia is an oxygen-consomin waste and increased
concentrations could reduce the arnount of oxygen available to aquatic organisms
4 The cost of rectifying the damage;
The cost is unknown.
The amount of moneys saved by noncompliance;
The amount of money saved by noncompliance is unknow-n
h 'whether the violation was committed willfully or intentionally)
The Division of Water`l Resources has no evidence that 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 Manaa eat Commission has regulatory authority
There have been 31 previous CPAs for the lvlcLin trek WWTP with the last CPA being issued on
September 8, 2015, for BOD violations that occurred in my 2014.

8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.4T
Date F-P- Michael L. Parker, Regional Supemisor
Water Qnality Regional Operations Section
Division of Water Resources, NCDENR

,zer
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.

DNVR - CIVIL PENALTY REMISSION FACTORS
Case Number:
LV-2015-0203 - Region: _ Nfooresville County: Catawba
Assessed Entity- !;'LtjlojC j!jrcmom� _ , McLin Creek WWTP Permit No.: ---NCO081370
Assessment Factors
El (a) Whether one or Fiore of the civil penalty assessmen t factors were, wro ugly, applied to the d c trim ent
of the petitioner:
i,\Tar ASSERTED ­ Not Applicable.
DWR Notes:
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation.
NOT ASS ERTED -.-Not Applicable. -
DWR Notes:
EJ (c) Whether the violation was inadvertent or a result of an accident:
NOT ASSERTED - Not Applicable,
D'vVR Notes:
0 (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED - Not Applicable,
DWR Notes:
2 (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions
-
The perinittee asserts the reason for rernission, request is that payment of these fines will result in a sincere
hardship for the Cit_y, of Claremont in a short period and will seriously hinder the ability of the City of Claremoat
to continue with the long, range planning efforts.
DIVR Notes: Reidew of the pasifive years of cornpliance higto�y indicated tote sul�ectfiaeility has chronic issues
in operations andl6rdesign. oj'theMcLhi Creek W07P. Xo explanation was provided to theDivision (is to the
rea,5onfor i,vsi,teswrath limits violatitams a,tthe st,fl)jectfacility,, The Qy of Claremont has had more than sqfficient
thane to resolve issues al the McLin Creek Pf'47P. A mitigaling.factear* to consider in, support of remission is then
the eivilpen ahy will err eventpayinentfir gray reinaining necessan, retnedial actions such as long rangaeply nning
(fo
rts by the C'i4,,.
—DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Cost? Yes No El
Partial Remission 0 D, (Enter Amount)
rey Poupart J)ate

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CATANV13A DA,R Case Number t,V-2015-0203
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST: REQUEST FOR ORAL PRESENTATION
CITY OF CLAREINIONT
MCLIN CREEK WAITP
I hereby request to rnake an oral presentation before the Environniental Management Commission's Comraittee On Civil Penalty
Remissions in the matter of the case noted above, In making this request, I assert that I understand all of (Ile following statements:
This request will be reviewed lay the Chairman of the Environmental Management Commission and may be either granted or
denied,
• Making a presentation will require the presence Of ru.N'selfmid/or m-,,, representative during. a Committee meeting field in Raleigh,,
North Carolina,
M"resentation will be limited to discussion of issues ,and information submitted in i I and because
no factual issues are in dispute, my presentation will be limited to I ive (5) minutes in length,
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in as representative capacity at
quasi-judicial hearings or proceedings is limited too lawyers who are active nietR -u.. Proceedings before the Committee on
— -, o ns— ­­_ _� ps of the b,
Remissionsare quasi-judicial, You shealdc icier how you intend to present your case to the Cninnottee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or govermnental entity. If you or your
representative would like to speak before the Committee, you must complete and return this forin within thirty (30) days of recciptof
this letter.
Depending on your status as an individual, corporation,partnership or municipality, tire State Bar's Opinion affects how you, inay
proceed with your oral presentation. See wwwaibb [,c Authorized Practice dvsory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business,owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; ttowever, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
ineeting in order to avoid violating the State Fear's Opinion on the unauthorized practice of law-,
• If you are qtp. oratiop ,p rtners)t car raqrici slily and are granted an opportunity to make an oral presentation before the
Cormnittee, then your representative must consider the recent State Bars Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible,
If you choose to request an oral presentation., please make sure that signatures on, the previously subinitted Remission Request form
.and this Oral Presentation Request form are1) for individuals and business owners, your own. signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is infornied that a potential violation of the statute concerning the authorized practice of law has occurred,
This the day Of
SIGNATURE
TITLE (President, Owner, etc)
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
IN THE, MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF CLAREMONT
PERMIT NUMBER NCO081370
DEPARTMENT OF ENVIRONMENT
AND NATURAL R-ESOURCES
WAIVER OF RIGHTTO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2015-0203
Having been assessed civil penalties totaling $896.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated June 302015, the undersigned,,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated inatter mid does stipulate that the facts are as alleged in the assessment
docur nent. 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 13 es ourees within 3 0 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,
,rhis the day of _-Oc-tz 2015
BY
ADDRESS
Ct
TELEPHONE

DWR Cast Number, U-2015-0203
Assessed Party: City of Claremont
County., Catawba
Permit Number: NCO081370
Amount Assessed: $896.97
Please use this foirn when requesting remission of this civil penalty. �, You must a,iso complete the
"Ret crest For Remission Waivel. ht to an Administrative lfearh;Mtn �'ti ula
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 limit to consideration of the five factors
listed below as they may relate to the reasonableness of the arnount 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 MC,G.S. § 14313-2811 (a), 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)
(b) the �VJ014101 LEI)M—P-Ily -ahgted eq tinuirr cravirorarnmta L-qa��It
dama!pre resu
Li—olation 0, e,, explain the steps that You took to eorrect the violation a'ndprevent
fift-Ure occurrences�);
(c) the violation was inadvertent or a result of an see dent, (i.e, explain why the violation
was unavoidable or somethingyou could not -prevent or preparefor);
(d) the vio [ator had not been nLjrjesfor �all
(e) T the rernain' -- necessary remedial
willprevent you from petforining
E XPLANATION- (use additional pages as necessary)