NC0081370_Enforcement_20150921 (3)

PAT M R RY ,
Governor
DONALD R V R VA APT
In W11NW_
WaterResources
s�r�aax
ENVIRONMENTAL QUALITY M. JAB' ZIMMERMAN
January 12, 2016
CERTIFIED MAIL 7013 2630 00018998
,,T1 T C E,IPT lPT l
Ms. Catherine Renbar, er, City Manager
City of Claremont
P.O. Box 446
Claremont NC 28610
Subject: Concerning Your Request to Rem. It Civil Penalties
North WWTP NPDES Permit NCO032662
Case Numbers LV-2 15-020 , LV-2015-02
l lcLm Creek WWTP NPDES Permit NCO081370
Case Numbers LV-2 15-02 3, Irv'-201 -02 ,
Catmvba County
Dear Ms. l enbar er
n accordance with North Carolina General Statute 1 3-215.6 (f), the Director of the North
Carolina Division of Water Resources (the Director) has considered the information you submitted
in support ofyour request to remit civil penalties assessed in the sulljct cases. The subjject
penalty -assessment cases total_ 11,272.55 (including investigative oasts of 1,022.55
The Director has granted partial remission for all seven (7) cases, 20% of assessed penalties,
excluding investi ative costs. This resolves to a total amount clue of $9,222.55 [ 1 Q,25t1 x 0.80
,200. 0 + 1, 22,551.,We have attached a copy of theDirector's decisions s
Two options are available to you at this stage of the remission process;
You may pay this balace.
If you decide to pay the penalty, please make your check payable to the Department o
Environmental Quality ( i Send the payment, within thirty (3 ) calendar days of receiving
this letter, to the attention of
GIs. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27 9-1617
OR

September 21, 2015
Hat"
Ms. Catherine Renbarger, City Manager
City of Claremont
P.O. Box 446
Claremont, NC, 286 10
Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
143-215.1.(a)(6) and NPDES PermitNo. NCO081370
McLin Creek WWTP
Catawba County
Case No. LV-2015-0210
Dear Ms. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$4209.47 ($4062.5 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 April 2015. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC11081370. 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.) 143-21.5. I(a)(6) in the, manner and extent she 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, I, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against the City of Claremont:
Mcomsville RegionM Offte
Locatton: 610 East Center Ave, Suite 301 MaoresvHle, NG 28115
P6om (704) %3-1699 \ Fix; [phone] %, Customer Servim 1-877X323-6746
4iternet hVJ/portaLncdenr,org/wear /wq
An, Equi, EmpPqer-30% Reayde&10% PostConrioperpence

$ 1250-00 For 4 of the four (4) violations of G.S. 143-215. 1 (a)( )44
and NPDES Permit No, NCO081370, by discharging waste into
the waters of the State in violation of the permit weekly average
effluent limit for BOD.
937.50 For 3 of the three (j) violations of G.S. 143-215. 1 (a)(6)
and NPDES PeitNo. NCO081370, by discharging waste into
the waters of the State in violation of the permitweekly average
effluent limit for ammonia,
93T50 For 1 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 BOD.
937,50 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 ammonia.
$ 4062.50 TOTAL CIVIL PENALTY
$ 146.97 Enforcement costs
$ 4209A7 TOTAL NMOUNT 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. 14313-282. 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 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 waiverj6rtn)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 2 7699-16 17
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:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-282. I (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) 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
rentedial, 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 her appeal of the, penalty to the
Envirom-nental 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 enclosedlq
"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
am
3. Filt a petWon f6t att advatihiArativv heaning With the Offlo of AftinistMtfvt Waritio:
If you wish to contest any statement in the attached assessment document you must file a
petition for andministrative 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 (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 p.m.,
except for official state holidays. The petition inky be filed by facsimile (fax) or electronicmail 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 § 1, 50B-23-2) 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 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 1.4 mings
6714 Mail Service Center
Raleigh, NC 27699-6714
'el (919) 431-30100
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DFNR
1,601 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 4 -1
699
Ijat) r Michael E. Parker, Regional Supervisor
Water Quality Regional, Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
HMENT
CC,. Mooresville Regional office Compliance bile l attachment
Raleigh Compliance/Enforcement pile -vv/ attachments
Central Files w/ attachments

ATTACHMENT
CASE NO. - 111 -0 10
qu—tfail
Date
_Parameter
e `re ed Value
Pei it" i
1
week ending / f2 15
BOD
19 mg/l*
12 mg/l (Weekly Average)
Average)
01
week ending 4/11/2015
BOD
16 mg!l*
23 mg/l*
12 mg/l (Weekly
12 tag°l (Weekly Average)
01
1
week ending 4/18/2015
xeek ending 4/25.12015
B4OD
BOD3
mg/l*
12 mg/l (Meekly Average)
1
week /2015
Ammonia
l
eekly Average)
n�/ (Weekly erne
001
001
eek g 11�
week ending /1 / 15
Annnonia
1
16.4 mg/l*
S /l (Weekly Average)
1
4/30/2015
BOD
17.45 nag/l
8 m /1(Monthly Average)
001
4/3 /2015
Ammonia
. 5 mg/l*
2 to /1(Monthly Average)
Denotes civil penalty assessment
City of Claremontsons to NOV-2015-LV-0485
received on August 24, 2015 was
reviewed by DWR staff.
Mitigating factors were not found to result
in a reduced civil
penalty amount.

FV STATE OF NORTH AROLINA
COUNTYCAE CATAWBA
IN THE MATTER OF ASSESSMENT
F CIVIL PENALTY AGAINST
CITY OF CLAREMONT
PERMIT NUMBER NCO081370
DEPARTMENT TMENT P ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO A
ADMINISTRATIVE HEARfNG AN
STIPULATION OF PACT
FILE NO, LV-2015-02 10
Having been assessed civil penalties s totaling $4209.47 for violations as set forth in the
assessment document of the Division ision of Water Resources dated AngHAIIM, the undersigned,
desiring to seed 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 Eire as allege in the assessment
document. The undersigned further understands that all evidence Presented in support ofremission of
this civil penalty must be submitted to the Director of the Division of Water 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 ofassessment.
This the day of 0I
BY
ADDRESS
TELEPHONE

XqM�LATION FOR REMSSIQN REQ
DWRCase Number: LV-2015-0210
Assessed Party: City of Claremont
County: Catawba
Permit Number: NC0081370
Amount Assessed: $4209.47
Please use this form when requesting rernission of this civil Penalty. You must also complete the
"Bequest For _Retnission , TVaiver o L'Right to an Administrative Hearin and Sti ulation oL Facts 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.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only 7when 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 assessment factors in N.C.G.S. 143B-2g2 7 , Ib �vve r e
('the assessment actors are listed
in the civil penalq, assessment docwnents);
(b) the
violation (i.e., explain the steps that you took to correct the violation andprevent
future occurrences),-
(e) the violation was inadvertent, or a result of an accident (i.e., explain why the violation
vvasunavoidableerr something you could not prevent or preparefi)r°),'
(d) the violator bad not been assessed civil RgnaltiesforanyTrevious violations;
(e) for the remaining necessary, remedial
actions (i.e., explain how pqyment of the civil penalty, will, prevent youftom performing
the activities necessarj� to achieve, compliance).
EXPLANATION: (use additional pages as necessary)

Violator:
it of Claremont
Facility:
McLin Creek WWTP
County:
Catawba
Case Number:
LV-2015-02 10
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; however, the facility exceeded the BOD weekly average for every
week of the month of April 2015.
2) The duration and gravity of the violation;
The BOD weekly average effluent limit violations were exceeded the permit limit by 58.3%, 33.3%,
91.7% and 91,7%. The ammonia weekly average effluent limit violations were, exceeded the permit
limit by 271.7%, 191 ® 7%, and 173.3%. The BOD monthly average permit limit violation was
exceeded by 118. 1 % during the month of April 2015. The Ammonia monthly average permit limit
violation was exceeded by 342.5% during the month of. pril 2015.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. BOD is an, oxygen -consuming waste and therefore
increased concentrations could reduce the amount of oxygen available to aquatic organisms,
Ammo ma- nitrogen is treated as an in -stream toxicant by the State of North Carolina because armnoma
is an oxygen -consuming to 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 complyingor failing to comply with programs over which. the
Environmental Management ement ommission has regulatory authority
There have been 33 previous CPAs for the McLin Greek WWTP with five Prot CPAs being issued
within the past twelve DMR months. The last CPA was issued on September 21, 2015, for BOD and
arninunia violations that occurred in March 2015.
8 The cast to the State of the enforcement procedures.
The cast to the Division of Water Resources is $146.47.
Date � ; Michael L Parker, regional Supemisor
Water Quality Regional Operations ecti n,
Division of Water }resources, NC DENR

Pp,
t ;�
�
A

0

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: 1,V-2015-02unt
10 Region: Mooresville Co :
y
---Catawba
Assessed Entity: aremont, eLin Creek WWTP Permit No.: NCO081370
Assessment Factors
El fin) Wteethe r one or more of the civil penalty assessmentfactors were wrongly applied to tote detriment
of the petitioner:
NOTASSERTED — Not Applicable.
Fly Dotes.
Notes;
0 (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED —`?dot Applicable.
DWR Notes:
El (c) Whether the violation was inadvertent or a result of an accident:
NOT ASSLRTED —Not Applicable,
DAVR Notes:
0 (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTt- D — Not. Applicable,
DWR Notes.
E (c) Whether payment of the civil penalty will prevent payment for the remaining necessa"y remedial
actions.
The permittee asserts the reason for reinission request is that payinent of these fines will result in a sincere
hardship for the Cih, of Clareniont in a short period and will seriously hinder the ability of the CitN, of Claremont
to continue with the long range planning efforts.
D WR,Notes: Review ofthe paytfive yeast qf, liance histo y i cotnp t� inis the suhiectftwility has chron.ic issues
in, operations ane,14'or design of the UcI in Creek WtVTR I'Vo explanation ivas provieled to the Division as to the
re as- issues with limits violations at the suhjectfiacilh�y, The City, qf Claremont hahad inore than sufficient
time to resolve hksues at the McLin C'reek TJ7,fT7P. A mitigatingfactor to consider in support qf remission is that
the civil penalty, ivillpreven.1paymenijbr caq remaining necessaq reniedhzl aclions such as long r, n,
efforts by the "atop: a geplanning
___ DECISION (Check One)
Request Denied El
Full Remission El Retain Enforcement Cost? YesU�l�o EJ
Partial Remission (Enter Amount)
�Z/ Z6
"kftrev Poupart
Date

SSTATE OF NOKFH CAROLINA
EN'VIRONMENTAL MANAGEMENT
COMMISSION
COUNITY OF CATAWBA
IN THE MATTE R OF ASSESSMENT
OF CIVIL PrNALTIES AGAINST:
CITY OF CLAREMONT
MCLIN CREEK WWTP
.DWR Case Number LV-2015-0210
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before, the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above, In making this request, I assert that I understand
all of the following statements:
This request will be revieNved bye the Chairman of the Envirunmental Management Commission and may be either granted or
denied,
Making a presentation will require the Presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina,
•s
Mmuresentation will be limited to daiscussi nis
IS etuidiiiformationstibmi,ttedinmy!ozLi(�,illaii-ei �iiandbccause
no factual issues are in dispute, my, presentation will be limited to five (5) minutes in length,
Tire North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at,
quasi-judicial hearings or proceedings is burned to lawyers who are active membters of the bar. Proceedings before the Committee on
Remissionsare quasi-judicial. You should ecrnsi—der 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 entityr, If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days ot' receipt of
this letter,
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation, See NvyN-w.ncb
,i�;nc,qm,,Ltjtics, Authorized,Practice Advisory Opinion 2006-1 and 2007 Formal
:Ethics Opinion 3.
If you are an individual or,tatsi—ness qNypqr and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee,; however., if you intend on having another individual speak
on your behalf regarding tire factual situations, such as an 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 cpt�oratinrr, mart jperr rnr ry pIity and are granted an opportunih., 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 be or she is not a licensed attorney. Presentation of facts by Trott -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request loan
and this Oral Presentation Request form are: 1) for individuals and business mvners gna or corpo bons,
, your own si_ . t e and 2) for raion,
partnerships and murriwipalities, signed by individuals who would not violate, the State Ear's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on CivilPenalty 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 law has occurred.
This the — day of 20—
SIGNATURE
TITLE (President., Owner, etc.)

M
STATE OF NORTH CAROLINA
COUNTY P CATAWBA
DEPARTMENT T ENVIRONMENT
AND NATURAL RESOURCES
IN THE MATTER OF ASSESSMENT MET WAIVER EA RIGHT TO AN
OF CIVIL PENALTY ALT AGAINST } ADMINISTRATIVE HEARING AND
CITE` OF CLAREMONT STIPULATION OF FACTS
PERMIT NUMBER NCO081370
FILE NO, L - 15 -021
Having been assessed civil penalties totaling $4209,47 for violation(s) as set forth in the
assessment document of the Division sion f Water Resources dated A2gHjL4,jq1f, 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 ofTetniss en of
this civil penalty must be submitted to the Director of the l ivisidrr of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remlssion request will be
allowed after 30 days from the receipt Of the notice of assessment,
This the day o___Df a
WVM---A/
r
BY
ADDRESS
TELEPHONE

JUSTIFICATION r, op REMISS ION RFOYTF,,Q.T
DWR Case Number: LV-2015-02 10
Assessed Party: City of Claremont
County: Catawba
PermitNumber: NCO081370
Amount Assessed. $4209,47
Please use this form when requesting remission of this civil penalty. You must also complete the
((&e tion o Facts "
form to request remission of this anyat you believe
support your request and are,
nee our request for
remission, Please be aware that a 29!! 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 MC.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 documents, as to why the
factor applies (attach additional pages as needed).
(a) rune or moTte of the civil tenaltv assessment factors in NE.G.S. 14313-28211 Lb) were
WI full lied to the detriment of the ctitioner (the assessment factors are listed
ily �aljed �to the �detrjmcnt of �the �ctitioncr
in the civil enalty assesm
sent document);
P
(b) the violator Tone
abated
co�1'in 11n�cl
ironmnlal a�ma e resulti from thg
violation i.,ep the t atyotovtocorrect the violation can dprey en
t
11t1treoecjerrnces)
_
(c) the violation was inadvertent or a result of an accident (i * e" explain why the violation
was unavoidable or somethingyou con uld otprevent orpreparejbr);
(d flee iolatcar had not been assessed civil en hies fiatan revi.ow violations;
(c) �a m n, a n e re��manin �ne;cgssar;�emelial
�tl
of the C'vi' nc' Will r V t me t' in
jj� 'i v! J�y Twill
P1 _v t yoz� om peafar
ormin
a e me t o the, i Pena willprevent youftompetforming
e( c ve c' m
ti actions
activi i ' XtIsit57alilyo wtopaayhie P ica r I cle),
flee es n e
EXPLANATION: (use additioncal pages as necessary)