NC0081370_Enforcement_20150924 (2)

PAT MCCRORY
3Governor
DONALD R. VAN DER VAA T
:
Wate
r esour e
ENVIRONMENTAL QUALITY. S. JAY ZIMMERMAN
January 12, 2016
Director
CERTIFIED MAIL 7013 2630 00018998 4285
RETURN RECEIPT RE UM
GIs. Catherine Renbargr, Cite Manager
City of Claremont
P.O. Box 446„.:
E
Claremont, ETC 210
Subject: Concerning Vour Request to Remit Civil Penalties
North WWTP NPDES Permit NCO032662
Case Numbers ber LV-2 15-0200, I "V-2i115-02 4
McLin Creek WNVTP NPDE s Pe n.it NCO081370
Case Numbers 1,V-2015- 20 , LV-2015-0207, I
I,V-201 -0210, LV-201 -021 , LV-2015-0236_
Catawba County
Dear Ms. i enbar er:.
i
In accordance with Nor h Carolina General Statute 14 -215. (1), the Director of the, North
Carolina Division of Water Resources (the Director) has considered the information you submitted E
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, 2 ,55)g
i
The Director has granted partial remission for all seven. (7) cases, 2 ° of assessed Penalties,
excluding investigative costs, This resolves to a vital amount due of 222.55 [ 1 ,250 x 0.80
,20.q + 1,022.55]. We have attached a copy of the Director's decisions summary,
ary
Two options are available to you at this stage of the remission process;
1 on may pay this balance.
If you decide to pay the penalty, please make your cheep payable to the Department of
Environmental Quality (DEQ) Send the payment, within thirty (d) calendar days of receiving
this letter, to the attention of
Ms. 'Wren Thedford
NCDEQ/DWRJWQ Permitting Section
117 Mail Service Center
Raleigh, North Carolina 27 -1617

North Carolina Department of Environmental Quality",
Pat McCrory Donald van dread
Governor Secretary
September 24, 20 15
CERTIFIED MAIL 7015 0640 0002 9299 3700
RETURNILLhI9I2LQLLaLD-
Ms. Catherine Renbarger, City Manager
City of Claremont
P.O. Box 446
Claremont, NC, 28610
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. NCO0813 70
McLin Creek WWTP
Catawba County
Case No. LV-2015-0236
Dear Ms. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1396.97 ($1250-00 civil penalty + $146.97 enforcement costs) against the City of Claremont.
11iis assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for Jurie 2015. This review has shown the subject facility to be in violation
of the discharge limitations fiound 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. NCO081370 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 Environmental Quality 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:
610 East Center Avenue, Suite 301, MoioresOfle, With Carolina28115
Phow 704-663-1699 \ Inteopet: www.ncdeur-gov
An Equal 0avrwniiy \ Affimiatw Adon Employer - madia in part by recynted paper

11150 For 1 of the pne (1) violation of G.S. 14-215.1(a () and
NPDES, Permit No. NCO081370, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for
937.50 For I of the one (l) violation of G.S. 1 - .1( )( ) 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.
$ 12%00 TOTAL CIVIL PENALTY
14.97 Enforcement costs
1396.97 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6(c), in determining the amount of the penalty l have taken into account the
Findings of Fact and Conclusions of I.aw and the factors set forth at G.S. 1451T-2 2.1(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,
( The effect on ground or surface water quantity'or quality cat.° on air quality
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(Whether the violations were committed willfully or intentionally;
(7) The prig record of the violator in complying or failing to comply with programs over which
the Environmental Management 'ommission has regulatory authority, and
( The cost to the State_of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
:
lA Submit payment of the penalty.
Payment should be made directly: to the order of the Department of Environm ental Quality (d
not include rrr fiver br �). PaNyment of the penalty will not foreclose ftuther enforcement action for any
continuing or new vio ation(s).
Please submit payment to the attention. of' -
Wastewater Branch
Division of Water Resources
117 flail Service Center
Raleigh, North Carolina 27 q ®1h17

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 violationts) 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 n 1431 -282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darrgage 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 -my previous violations; or
(5) vNthethcr 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 \Nruing. The Director of the Division of Water Resources will review your evidence and
inforiii 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 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
"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. 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 (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 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 of a filing
fee is required by NCGS § 15013-23.2) 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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
DEQ
1601 Mail Sery ice 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 vvithin 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],
q
(l ate h Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division. of Water Resources, NCDEQ
A]"FACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcerrient File w/ attachments
Central Files %v,/ attachments

ATTACHMENT
CASE NO.LV-2015-0236
Outfull Date Parameter Renurted Value Permit Limit
001 week ending /13/1 1 /l 12 /l (Weekly Average)
Denotes civil penalty assessment
ent
City of Claremont response to OV- 15-1, - 5 3 received on September 8, 2015 was
reviewed by DWR staff, Mitigating factors were not found to result in a reduced civil
penalty o t

STATE OF NORT14 CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAIN ST ADMINISTRATIVE HEARING AND
CITY OF LA MO STIPULATION OETA T
PERMIT NUMBER NCO08t 370
FILE NO, LV-2015-0236
Having been assessed civil penalties totaling $1396.97 for violation(s) as set forth in the
assessment docurnent of the Division of Water Resources dated At 27. 2015 the undersigned,
desiring to seek remission of the civil penalties, does hereby, waive the right, to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Resources within 30 dais
of receipt of the notice of assessment. No new evidence in support of a remission request vNill be
allowed after 30 days from the receipt of the notice of assessment.
This the day of 2015
By
ADDRESS
TELEP14ONE

DVM Case Number: LV-2015-0236
Assessed Party: City of Claremont
County: Catawba
Permit Number: NCO081370
Amount Assessed: $1396,97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re nest For Remission Waiver of Right to an Administrative Hearing and Stipulation of -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. § 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:ofthe civil
wronafal1v anolied to the detriment of the petitioner (the assessnoent./actors are listed
in the civil penalty assessment documeno;
(b) the
violation (Le,, explain the steps thatyou took to correct the violation andprevent
future occurrences-
(c) the violation was inadvertent or a result of an accident (ie,, xplain why the violation
was unavoidable or something you could not prevent orprepacre, or);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil -Denaltv will prevent payment for the remaining necessars, remedial
actions (i.e., esplain how payment qfthe civil penalty will prevent you,from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additionalpages as necessary)

Violator:
if of tlafemont
Facility:
McLin Creek wwTP
County:
Catawba
Case Number:
LV-20IS-0236
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 May 2015.
2) The duration and gravity of the violation; The BOD weekly average effluent limit violation
exceeded the permit limit by 41.7%, The BOD monthly average permit limit violation eras exceeded
'b, y 29.8% during the month of June 2Cif 5,
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,
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 interitionally.
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 35 previous CPAs for the McLin Creek WWTP with six prior CPAs being issued
within the past twelve DMR months. The last CPA vvas issued on September 22, 2015 for BOD
violations that occurred in May 2015.
8) The cost to the State of the enforcement procedures. The cost to the Division of Water Resources
is $146.97:
Date, Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ