NC0081370_Enforcement_20160809

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a Total PostaCatherine Renbarger, City Manager
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;atherine Renbarger, City Manager
;ity of Claremont
'0 Box 446
;laremont, NC 28610
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Certified Mail #7015 1520 0002 6984 7764
Return Receint Rea created
August 09, 2016
Catherine Renbarger, City Manager
City of Claremont
PO Box 446
Claremont, NC 286 10
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215, I(a)(6)
and NPDE S WW Permit No. NC OO 813 70
City of Claremont
.McLin Creek WWTP
Case No. LV-2016-0159
Catawba County
Dear Ms. Renbarger:
'Ibis letter transmits a Notice of Violation and assessment of civil penalty in the amount of $416.25 ($312.50 civil penalty +
$103.75 enforcement costs) against City of Claremont.
Based upon the above facts, I conclude as a matter of law that City of Claremont violated the terms, conditions or
requirements of NPDES WW Permit No. NCO081370 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-21 5.1(a).
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, L W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of
Claremont:
State of North Carolina I Envitorumental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

121-2-5-0 1 of the I violations of 143-215.1(a)(6) and Permit No,NCO081370, by discharging w
1212 the waters of the State in violation of the Permit WeekFCOL Weekly Geometric Mean for !�N
t.50 TOTAL CPaL PENALTY
IM-35 Enforcement Costs
54L6.25 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 &S. 143B-282, I(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 violation;
(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;
(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
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality, (do nor include waiver
fortn), Payment of the penalty will not foreclose f4rdier 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

Submit a written request for remission or mitigation including a detailed justification for such
(1) Whether one or more of the civil, penalty assessment factors in NCGS 1431 -282. I(b) was wrong.fall
y
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darnage 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 remedial actions.
notice. The Division ref Water Resources also re nests first ors eom late and ubrrrit the errelosed "Justification for
Remission RggiLest."
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

The maifi4LY aaa4iiir
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel- [phone]
Fax.- (919) 43 1-3 100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition,
ism
If ii have d6v duestions blease contac W �i;i � 1, � I
I=
W, ' Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Of
Division of Water Resources, NCDEQ
ATTACHAMNT
Cc -. WC S Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

R�MCAUgN
INl' m0159 Couta ra
A"osged Purq. City of Claremont
NkmftNo.-. NCO081370 At"unt MsessW: $416Z
Please use this form when requesting remission of this civil penalty. You must also complete the "Request 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 toN.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 apply. 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. 14313-282. I(b) were wrongfully, applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation anti prevent future occurrences),-
(c) the violation was inadvertent or a result of an accident (i.e., explain why, the violation was unavoidable or
something you could not prevent or preparejor);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent yo uftom performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF
COUNTY OF CATAWBA
IN THE ER OF ASSESSMENT ) WAIVER QI RIGHT TO AN
F CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING
STIPULATION OF FACTS
City of Claremont
McLin Creek WWTP
PERMIT NO. NC 0 13 7t} CASE NO. Lev'- 016-015
Having been assessed civil penalties totaling 14j6,25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August tl , 01 , the undersigned, desiring to seek remission of the civil penalty, does hereby
wive 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 ofWater Resources within. thirty 30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after 0) days from the receipt of the
notice of assessment.
This the day of 20

ATTACK LNT A
City of Claremont
CASE NUMBER: L -- 16-016
p PERMIT. NCO081370
REGION:Mooresville
FACILITY: McLln Creek WWTP
UN e
LIMIT VIOLATION(S)
SAMPLE LOCATION: OlLffall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over Violation Penalty
Date MonthlYr Parameter
Frequency Measure Value Value Limit Type Amount
/1 616 3-2016 Coliform, Fecal MF,
Weekly #/100ml 400 5366.60 1,241,6 Weekly $312,50
MFC Broth,44.5 C
Geometric
Mean
Exceeded

Catherine Rhbargr, City Manager
City of Claremont
PO Box 446
Claremont, NC 28610
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV- t -L-g 8
Permit No. NCO081370
McLin Creek WWTP
Catawba Count
Dear Ms. l enha r
A review of the March 2016 Discharge Monitoring Report i for the subject facility revealed the violation(s)
indicated below:
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If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of NoM Carolina I Environnuattal Quality I Water Rewuices
610 East Center Avenue, Suite 301, Moorewillc,NC 28115
704-W-1699

Facility: C lore rheY4 A, 1 "'0 Permit No.: A
V±Id �'*Ic LI —r—ky-11L
�,'Pipe No,: Month[Year:
, x -
1Parameter . A&�mn
Date Parameter Permit Limit ,,4jimjtj"e qMR Value
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�p�--~—~~--° ---~----'
.
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�/��% Over Limit � Action
"Iff it
_----__ -_-----_f ' ---~�—~� --~~----~
DateParameter ' Action , Values orted # of Violations
�
visor Remarks:
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by:Date:. _~
Assistant Regional
Supervisor Sign Off:
� - '
Regional Supervisor Sign
MAR
Date: iln&4 zi,',4

DIVISION OF WATER RES01IRCES - CWIL PENALTY ASSESSMENT
Violator: Cily of Claremont
Facility Name: McLin Creek WWTP
Permit Number: NCO081370
County: Catawba
Case Number: LV-2016-0159
-9 The amount of one 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
April 2015 Violations (Case 4: LV-2015-0210): 4 - weekly average BOD; 3 - weekly average ammonia; monthly
average ammonia-, monthly average BOD.
May 2015 Violations (Case #: LV-2015-0216): 4 - weekly, average BOD; monthly, average BOD.
June 2015 Violations (Case #: LV-201,5-0236): I - weekly average BOLD; monthly average BOD,
July 2015 Violations (NOV-2015-1,V-0617): I - weekly average BOLA; monthly average BOD,
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is $103.75
Regional Office Clerical Staff - one hour $15,00
Enforcement case preparation staff time -one hour $3335
Regional Office Supervisor review - one hour 1:55.40
Total: $10175

bate W. Corey Basiorg—er—, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ