NC0081370_Enforcement_20150921 (2)

WaterResources
ENVIRONMENTAL QUALITY
January 12, 2,016
CEXIJFIkD MAIL 7013 2630 00018998 4285
RETURNRECLIPTEEQUESTED
Ms. Catherine Renbarger, City Manager
City of Claremont
P.O. Box 446
01 —+ XTI" 1041 A
4360.->
00,f-44!�
CRORY
Governor
DONALD R, VAN DER VAART
Secretary.
S. JAY ZIMMERMAN
Dmeclor
CU
Subject: Concerning Your Request to It Civil Penalties
North WWTP NPDES Pen -nit NC0032662
Case Niunbers LV-2015-0200, LV-2015-0204
McLin Creek )XVTP PDES Pen -nit NCO081370
Case Numbers LV-2015-0203, 1,V-2015-0207,
LV-2015-0210, LV-2015-0216, LV-2015-0236
Catawba County
Dear Ms. Renbarger:
In accordance with Now Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources (the Director) has considered the, information 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 of $1,022.55).
The Director has granted partial remission for all seven (7) cases, 20% of assessed penalties,
excluding investigative costs, This, resolves to a total amount due of $9,222.55 [$10,250 X 0.80
$9,200,00 + $1,022.55]. We have attached a copy of the Director's decisions summary.
Two options are available to you at this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the, Department of
Environmental Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving
this letter, to the attention of:
Ms. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

F
Pat McCrory
Governor
f lyiLQi4lental
September 21, 2015
c,F,RTIFIF,,D NIAIL 7015 0640 0002 9299 3557
IRF�T� �RN R�F-CEI�PTRF�-UE�STEft
Ms, Catherine Renbarger, City Manager
City of Claremont
P.O. Box 446
Claremont., NC, 28610
Dear Ms. Renbarger:
Donald van der Vaart
Secretary
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
143-215.1(a:)(6) and NPDES Permit No, NCO081370
McLin Creek WWTP
Catawba County
Case No. LV-2015-0207
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$896.97 ($750-00 civil penalty + $146.97 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 March 2015. This review has shown the subject facility to be in violation
of the discharge limitations found 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. NCO0813 70 and North Carolina General
Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown 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 Resomees, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the followin civil penalty assessment against the City of Claremont:
g ci
tkoresvffle Reg�onal Offre
Locatton: 610 East Center Ave,, suite 301 Mooresville, NG 28115
ptsOnegc4) 663-16991Fax: [phone]\ Customer Service: I-T77-623-C748
Internet: httpjjpDrtaj rjcfjenr,cTgiweb*q
An cq4,ai jppertr t;q xi Affirmative ktop, Emrk)er - 40% RPi',YdaI(I0% P Psw'

0.00 For I of the one (1) violation of G,S. 143-215.1(a)(6) an
d
NPdF-,SPertnit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for ammoma.
0.00 For I of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPlj-ES -Permit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
S- 75(1.00 For - I . of the one (1) violation of G.S. 143-215. 1 (a)(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 arnmonia.
750.00
$- 146.97
896.97
Enforcement costs
TOTAL AMOUNT 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. 143B-282.1 (b), which are:
(1) The degree and extent of ha nn 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 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:
L Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include 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:
Wastewater Branch

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 the reasonableness of the amount of the penalty assessed. R questing
Se e
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 factualor
legal issues are, in dispute. Please, prepare a detailed statement that establishes why you believe the
civil penalty should b e remitted, and submit it to the Division of Water Resources at the address listed
below, In determining whether a remission request will be approved, thefollowing factors shall be
cottsidere&
(I) whether one or more of the civil penalty assessment factors in G.S. 143B-282alb ) were
wrongfully applied to the detriment of the petitioner;
(72) whether the violator promptly abated continuirtiz environmental damagge resulting from
the violation;
(3) NvIiether 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 aynient of the civil penalty will prevent pavinent for the remaining necessary
p
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
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 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 trust complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation of Facts"" forin 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 forms should be submitted to the following address:
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 form from the Office of
Administrative Hearings. You must file the petition with the Office of Administrative Hearings
within thirty 0) days of receipt of this notice. A petition is considered filed when it is received in
the Office of Administrative Hearings during nonnal office hours. The Office of Administrative
fly `ngs accepts filings Mondkv through Friday between the hours of 8:00 an and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS §150B-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 -pith 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 Adniinistrative Hearings
6714 Mail Service, Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (t) copy of the petition, must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENR
1601 Mail Sentice 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 ofthe 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 ci,,.,,il penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
I It, IS —
(Pate) �I�z-Michaell.- Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of 'ater Resources, NCDENR

ATTACHMENTS
Mooresville swill Regional Office Compliance FileNO attadunents
Raleigh Compliance/Enforeement Tile w of attachments
Central Files wattachments

ATTACHMENT A
CASE NO. LV-2015-0207
Outfall
Date Parameter
Reported Value
Permit Limit
001
week ending 3/28/20 15 Ammonia
18.4 nig/l
16 mg/I (Weekly Average)
001
3/31/2015 BOD
13.8 rag/1
12 mg/l (Monthly Average)
001
3/31/2015 Anunonia
9.33 rng/I*
4 mg/l (Monthly Average)
Denotes civil penalty assessment
City of Claremont did not provide a response, to NOV-2015-LV-0469,
Comments Nkrritten
In the March 2015 DMR received on May 14,
2015 were revie-wed by DWR staff.
Mitt gating 'factors were not found to result in a used civil, penalty amount.

STATE OF NORTH CAROLINA- DEPARTMENT "MIT" OF ? Tl t l M:pl T
AND NATURAL RE SOURCES
COUNTY T' p CATAWBA
Ili ' 'FIE MATTER OF ASSESSMENT i WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ST, ADMINISTRATIVE HEARING All
CITY OF CLAREmow STIPULATION OF FACTS
C°T
PERMIT NUMBER NCO081370
FILE NO. L '- dl -d d7'
Flaying been assessed civil penalties totaling $896.97 for violation(s) as set Earth in the
assessment ent document of the Division of Water Resources dated July 22,2015, the undersigned,
desiring to seep remission ofthe civil penalties, dues hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessor, ent
document. The undersigned further understands that all evidence presented in support ofremission of
this civil penalty must be sub r med-try the Director of the Division of Later Resources within 30 da ys
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 dayof
Y
ADDRESS'
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0207
Assessed Party: City of Claremont
County. Catawba
Permit Number: NCO081370
Amount Assessed. $896.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reauest For Reels kon i-ver o(Right to an�,Mministrative Hearing, and Stipulation ofFacts"
Wa
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 document.
Pursuant to N,C.GS § 143B-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 documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil were
wronefull v armlied to the detriment of the, Petitioner the assessmenljctors are listed
in the civil penalry assessment document);
(b) the
violation (i. e., explain the steps thatyou took to correct the violation and preve tit
./ature occurrence�),-
(c) the violation was inadvertent or a result of an accident (i.e., e)�plain why the violation
awsunavoidableor something you could not prevent or prepare for°) -
(d) the violator had not been assessed
(e) payment of the civil nenalty will prevent pg3 �ent ff�orthnerernammg ng!eess �edial
actions (i. e., explain how payment Qfthe civil penal4, will prevent youfrom performing
the activities necessary to achieve compliance).
EXPLANATION: use additionalpages as necessary)

Violator: City of Claremont
Facility: McLin Creek WWTP
County: Catawba
Case Number: LV-2015-0207
Permit Number: NCO081370
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;
2) The duration and gravity of the violation;
The Ammonia monthly average pennit limit violation was exceeded by 133,2% dunng the month of
March 2015.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. Ammonia-rutrogen is treated as an intoxicant
by the State of North Carolina because ammonia is an oxygen -consuming waste and 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,
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 32 previous CPAs for the cLin Creek WWTP with the [ast CPA being issued on
September 21, 2015, for BOD violations that occurred in February 2015.

The cost to the State of the enforcementc d r
The cost to the Division of Water Resources is $146.47.
Date Michael L Farber, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

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DWR — CINJI, PENALTYREMISSION FACTORS
Case Number: LV-2015-0207 Region: Mooresville
County: CataNy, ba
Assessed Entity: City af �&in Creep "A�,7WT,!' Permit No.:
NC0081,370
Assessment Factors
El (an) Whether rare or more of the civil penalty assessm exit factors were 88,,rongly applied to the detriment
of the petitioner:
'IN' O'T ASSERTED -- Not Applicable.
DNNIR Notes:
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED -- Not Applicable,
PWR Notes:
0 (c) Whether the violation was madVertCat or a result of an accident:
NOT ASS ERTED — Not Applicable.
DNVR Notes:
El (d) Whether the violator bad been assessed civil penalties for any previous violations:
NOT ASSERTED — Not Applicable.
RWR Notes:
(e) Whether payment of the civil penalty will prevent payment for the remaining recess remedial
actions:
Time pertnittee asserts the reason for remission request is that pkynicnt of these fi,lies wi It result in asincere:
hardship for the City of Claremont in a short period and will seriously hinder the abiliq, of the City, of Claremont
tag continue with the, long range planning efforts,
D1,V,R Alotes: Review af the past fiveyears of eoinj.Viance history indicated the sul?jectfiwiliny has chronic issues
in o1mrations andlor design q , f the Me in Creek UVTP. No e,'vplanation wasprovided to the Division as to the
reo,sonfor issues with lhniU -violations at the suhiectfiwilily,, The Cily of Claremont has h"rtl more than siaf ,ficient
time it) resolve isszws' at theycLin Creek tT,"7VTP, A inifigating,/actor to consitler in suj7port of remission is, thaw
the civilpenalq,, will I)re ventpqvtnent1for arty retnaining, neeessav� reinedial actions such as long lan range ning
efforts tat,. the 04,,. _, p
.— DECISION (Check- One)
Request Denied
Full Remission
Partial Remission
Retain Enforcement Cost? Yes V No E]
(Enter Amount)
rev Poupart Date

STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CATANVBA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
CITY OF CLAREMONT
MCLIN CREEK WWTP
DWR Case Number LV-2015-0207
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Connorttee 0I1 CiviI 'malt
Remissions in the matter of the case noted above. In making this request, I assert: that I understand all of tire following statements:
• This request will be reviewed by the Chairman of the Environmental Management Conu-nission and may be either granted or
denied.
® Making a presentation will require the presence of rayself and/or my representative during a Com,rnittee meeting held in Raleigh,
North Carolina,
• My presentation will be limited to discussion of issues and infon-nation submitted in my original re sign
vest, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in, length.
The North Carolina State Bar's Authorized Practice of Law Committee bas ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited io lamTctrwhp are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial, You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity, If you or your
representative would like to speak before the Committee, you must complete arid return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation., partnership or municipality, the State Bar"s Opinion affects bow you may
proceed with your oral presentation. See www.nc,bir.com/et.hics, Authorized Practice Advisory Opinion 2006- 1, and 200` Formal
Ethics Opinion 3.
If you are as individual or business owner and are granted an opportunity to make an oral presentation before the Con-unittee,
then you do not need legal representation before the Committee; however, if you intend (in having another individual speak
on, your behalf regarding the factual situations, such as air expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or unmicipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State. Bar's 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 submitted Remission Request form
and this Oral Presentation Request form are: 1) 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 informed that a potential violation of the statute concerning the authorized practice of WA, has occurred:
This the day of 20-
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTYOF CATAWBA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCE
IN THE MATTER OF ASS SS EI NT WAIVER OF RIGHT TO AN
F CIVIL. PENALTY A 3AINST A MfN STRA ,
`IIVL' HEARING AND
CITY OF CLAREMONT STIPULATION OF FACTS
PERMIT NUMBER NCO0813 70
FILE NO. LV-2015-0207
Having been assessed civil penalties totaling .97 for violations as set forth in the
assessment document of the Division of Water Resources dated jqjL22, 2015, the undersigned,
desiring to seek re :''ssion, of the civil penalties, tees hereby waive the right to an administrative
hearing in the above -stated tatter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remissiorr o
this civil penalty must be submitted to the Director of the Division of eater Resources 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. 2 - day of �_ 2015
IB�iYlw
ADDRESS
(0it
TELEPHONE

JUSTIFICATION FOR REMISSI
DWR Case Number: LV-2015-0207
Assessed Party: City of`Claremont
County: Catawba
PermitNumber: NCO081370
Amount Assessed: $896,97
Please use this forra when requesting remission of this civil penalty.
fq You must also complete the
finistrativge- -1111cari and St'
for 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
reinission. 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 whedier 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 (e), remission of a civil penalty may be granted only when one or
more of the following five factors applies, Please cheek 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 ci%rl enalt ass ssrnettt factors in NKC,G.S. 14313-282,
A,rongfally M
-plied to the detriment of the Retititnn r (the assessmentfactors are listed
in the civil penally assessinent docupient);
I
(b) the violator MY 11141cu Con"nuln tronmo
mr-o—mPtIv, abated contit -g-qn Lmental, damage resulti
� mal �d, LL�front the
ZI—ohation (ie., explain the steps that -you took to correct t—he violation andprevert
fithire occurrences);
(c) the violation was inadvertent or a result of an a (i.e., explain why the violation
was unavoidahle or something you could notprevent or pre parefor);
(d) the, violator had
(e) a e �enal "'i" �r the remai in necessary me
actions
v redial
m of'h 0 oiv"
(i e e -'cP I-Iiu hoj'v pctyffien yofr will uompelfor)-tiing
he a es iecess"'y to achiev
EXPL,ANATION: (use additionalpages as necessmy)