NC0081370_Enforcement_20170202

..w
e
h 06, 2017
. Catherine Renbarger, Comity Manager
City of Claremont
PCB! Box 446
Claremont, NC 28610
Subject; Payment Acknowledgement
McLin CreekP
Permit NC O081 7C
Case No. LV-2017-0051
County Catawba
Dear rr Ids. Renbsrr, er, City Manager:
This letter is to acknowledge receipt of payment in the amount of $2,601.00 received from you on
C C1 1 017. This payment satisfies full the above civil assessment s levied against the subject facility,
and this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits,
f you have any questions, please contact Wren Thedford at 919-807-6397.'
Sincerely,
U ten Thedford
cc: Central Files
NPDES
Mooresville Regional Office
State of North Carolina(' Environmental QualityI Water Resoumes
10 Eira Center Avenue, suite 301, Mooresville, NC 2811

tM 11
Water Resources
IRMWMEWAL QUAVtY
Certified Mail 97015 1520 0002 6878 2400
Retum Receivt Rea ested
Februar.y, 1, 2017
Catherine Renbarger, City Manager
City, of Claremont
PO Box 446
Claremont, NC 286 10
SUBJF,CT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1 (a)(6)
and NPDES WW Permit No. NCO081370
City of Claremont
McLin Creek WWTP
Case No, LV-2017-0051
Catawba County
toy CoOfER
Gownar
MIC14AEL S,. REGA'N
kcroary
S_ JAY ZIMMERMAN
Difeew
Dear Ms. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,601.00 ($2,500.00 civil penalty,
+ $101 .00 enforcement costs) against C ity of Claremont.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (l)MR)
submitted by City of Claremont for the month of September 2016, This review has shown the subject facility to be in
violation of the discharge, limitations and/or monitoring requirements found inNPDES'WIW Permit No. NCO081370. The
violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based, upon the above facts, I conclude as a matter of law that City of Claremont violated the, terms, conditions or
requirements ofNPDES WV Permit No, NC0081370 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(aX), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215. l(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, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penally, assessment against City of
Claremont:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

j2f50A I of the I violations of 143-215, l(a)(6) and Permit No,NCO081370, by discharging waste water into
the waters of the State in violation oft ePermit Monthly Average for BOO - Cone.
_100 I of the I violations of 143-215. l(a)(6) and Permit No.NCO081370, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NH3-N - Cone.
J250400 1 of the I violations of 143-215. 1 (a)(6) and Permit No,NCO081370, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Cone.
K�0--00 3 of the 3 violations of 143-215. 1 (a)(6) and Permit No.NCO081370, by discharging waste, water into
the waters of the State, in violation of the Permit Weekly Average for NH3-N - Conc.
�2.500.00 TOTAL CIVIL PENALTY
I1Q1.00 Enforcement Costs
$2 ,L01.00 TOTAL AMO'LTNT 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 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) Wnether 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 not include waiver
firm). 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

Option2: Submit a writtell request for remission or mitigation 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 the*y 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. 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 and
agreement 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 NCOS 143B-282. I(b') was 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 ora 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.
TA_IVVIIjjI I enclosed "Justift
notice. The The Division of Water Resources alsorequests that ou darn lets d submit the
Both forms should be submitted to the following address:
WasteNvater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1,617

otition 3: File a petition fni, an administrative hear' e Oice ,of Adm trative llearinLys:
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 if a filing fee is required by NCGS § I 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 Hear uestioni 21 1 athe fili :, fee and/or the details of the
The mailing address and telephone and tax 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. Haves, 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.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, 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, please contact Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at (704) 23 5-2192 or via email at wes. bell( cdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCI
ATTACHMENTS
cc; 'WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Case, Number. LV-2617-0051 County: Catawba'
Assessed Party: City of Claremont
Permit No.: NCO0813 70 Amount Assessed-. 12,601,00
Please, use this farm when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Pfraiver of Right to an Administrative Hearing, andStipulation of Facts" fonn 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. I(c), remission, of a civil
penalty maybe granted only when one or more of the follosvingfive 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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the tzssessmeat factors are listed in the civil penahr, assessment tiocument;
(b) the violator promptly abated continuing environmental datnage resulting from the violation (i.e., explain the
steps that you took to correct the violation and pre vent.future occurrences);
(e) the violation was inadvertent or a result of an accident (i.e., explain, w4 the violation was unavoidable or
something you could not prevent or preparefor) r-
(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
howpa yrnent of the civil pens lo, will prevent youftom perltiriniug the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLI IA
COUNTY OF CATAWBA
DEPARTMENT OF FN IRCINME iTAL QUALITY
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
F CIVIL, PENALTIES AGAINST ADMINISTRATINT HEARINGAND
STIPULATION F FACTS
City of Claremont
McLin Creek WWTP
PERMIT NO. NCO0813 70 ) CASE NO. LNG- 01 -005
Having been assessed civil penalties totaling dl.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated fanu .l 12III , the undersigned, desiring to seek remission of the civil penalty, does
hereby naive the right to an administrative;hearin in the above -stated matter and does stipulate that the facts are as
alleged in the assessment doe=ument. The tmdersigned, further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of "dater Resources within thirty ) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (ail) days
from the receipt of the notice of assessment.
This the days of tl
TELEPHONE

ATTACHMENT A
City of Claremont
CASE NUMBER: LV-2017-0051
PERMIT: NCO081370 REGION: Mooresville
FACILITY: in CroekWWTP COUNTY, Catawba
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Amount
Date
MonthtYr
Parameter
Frequency
measure
Value
Value
Limit
Type
9/1012016
9-2016
BOD, 5-Day (20 Deg
weekly
mail
12
56
3667
Weekly
$250,00
C) - Concentration
Average
Exceeded
9/3012016
9-2016
BOO, 5-Day (20 Deg.
Weekly
mgel
8
20,80
160.3
Monthly
$750-00
C) - Concentration
Average
Exceeded
9/1012016
9-2016
Nitrogen, Ammonia
Weekly
mgA
6
11,80
96.7
Weekly
$250-00
Total (as N) -
Average
Concentration
Exceeded
9/1 7t2016
9-2016
Nitrogen, Ammonia
Weekly
mg/1
6
17.60
1933
Weekly
$2.00
50
Total (as N) -
Average
Concentration
Exceeded
---
9/24/2016
9-2016
Nitrogen, Ammonia
Weekly
mgA
6
35
4833
Weekly
$ 2%00
Total (as N) -
Ava
erg
Concentration
Exceeded
--6130126ii
—i--2016
N71t me
rogen, Ammo
Weekly
mg/l
2
16.10
7043
Monthly
$7%G0
Total (as N-
Average)
Concentration
Exceeded

V I-
V�' h
RC`i�0,,NML Orl 101
Catherine Renbarger
City Manager
January 24, 2017
Mr. Wes Bell
NCDENR - MRO Water Quality Regional Operations Section
610 East Center Ave., site 301
Mooresville, NC 28115
ReNOV/NRE — Tracking 4- NOV-2017-LV-0016
McLin Creek WWTP (NC"1870)
The purpose of this correspondence is to respond to the NOV/NRE dated January 12, 2017 regairding th
September 2016 Daily Monitoring Self -Report for The City of Claremont McLin Creek WWTFI The McLm
Creek WWTF experienced a weekly and monthly exceedance for BOD and Ammonia during September
2016. 1
Respectfully Submitted;
Mrs. Catherine Renbarger
City of Claremont City Manager
M. Shawn Pennell, ORC, City of Hickory
Tom Winkler, City of 0aremont
828466-7255 City Hall - 828-466-7185 Fax
3288 East Main Street - Post Office Box 446 - Claremont, NC 28610

RevI6W Record
i�0. Pike o.:
MonthNear.
ciiie
Para star
Permit Limit DM Vallue0%
oil`� v
over Limit A tion
n
Wee i 'iitie
Data Parameter
Pe it Limit jhftjM OMRValge%
5,6
Over Limit Action
iR 4 i1 iE V4h
n 'a/^]."., :ppp5 iiwt
m:.' a.
uJ�{^
@N 94. 4i i
�Yy?
dam'"' (rR
-
Monlioring Frequency ' iniatrnna
p
Date Parameter
Permit Freguency Values R000rted
# qf violations Action
Other `iis ri f Remarks:
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x. + e• � 'ate`". 1. f d3 o 6w k
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�w:.re �Fbf '# [ «� rM !.
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Y "'�1' v %..,w F 6 " A yV 4
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$y�
Cy �
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Supartisor Remarks,w
ompleted utlo__OJUI—Date.
Assistant Regional
$upovisor Sign
ate.
Regional Supervisor'Sign
Date:
Ofu

DIVISION OF WATER RESOURCES - CIVILL PENALTY ASSESSMENT
Violator: City of Claremont
Facility Name: McLin Creek WWTP
Permit Number: NCO081370
County: Catawba
Case umber: LV- 017.0D 1
ASSESSMENT FACTORS
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 violations
..,:
s
t
) The effect on ground or surface water quantity or quality or on air quality;
er
41
w E
4) The cast of rectifying the damage'
) The amount of money; saved by noncompliance;
o) Whether the violation was committed willfully or intentionally;

) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority, and
2/2012 - ROD (WAV) NOV-2Ot2-LV-0258
3/2012 — BO D (2 WAVs & MAV), ammonia (MAV) — Case #®: LV-2012-0121 i
4/2Ot2 —BCD (4 WAVs & MAV), ammonia (2 WAVs & MAV) — NOV-201`2-LV- 62
5/2012 ROD (4 WAVs & MAV) — NOV-e2012-1 V-040
6/2012 ROD (3 WAVsV), ammonia (2 WAVs V1A v) — OV-2012-LV-0446
9/2012 — ROD (WAV)- Case #: LV-2013-0018
4/2013 . ROD (2 WAVs & MAV), ammonia (MAV) — Case #: LV-2013-01 7
5/2013 -- ROD (3 WAVs & MAV), ammonia (MAV) — Case #: LV-2013-0169
6/2013 — ROD (3 WAVs & MAV), ammonia (2 WAVs & MAV) — Case #: LV-2013-01 0
712013 — ROD (3 WAVs & MAV) — Case : LV-2013-0228
8/2013 — ROD (5 WAVs & V) — Case #i: LV-2014-0006
9/2013 — ROD (3 WAVs & AV) — Case #(: LV- 01 -0009
4/2014 — ROD (WAV & MA — Case ##: LV-2015-0143 :
5/2014 --DOD AN — NOV-2015-LV-0171
612014 — ROD (4 WAVs & AV), ammonia (WAV & MAV), fecal coliform (WAV & V)
Case #:LV-2 }15-01, 66
7/2014 -BOD (3 WAVs & V) Case i#: LV-201 -0169;
8/2014 — BOD (WAV) -- N V-2015-LV-017 ;
12/2014 — ROD (WAV) — N V-201-LV-0252
1/2015 -ry ROD (WAV) — NO-2015-LV-0 95
2/2015 - ammonia (MAV) Case # LV-2015-0203i
3/2015 — ROD (MAV), ammonia (WAV & V) —+Case #r LV-2015-0207
4/2015 — BO11(4 WAVs ,& MAV), ammonia (3 WAVs & MAV) - Case #< LV-2015-0210
5/2015 — ROD (4 WAVs & V) - Case #( LV-20 5-0216
6/2015 — ROD (WAV & AV) - Case #4 LV-2015-0236
7/2015 —' OD (WAV & MAV) - NOV-2015-LV-�06t7
3/ 016 — Fecal +Coliform (WAV) — Case #: LV-201,6-0159(
6/2016 -- ROD (WAV) — NOV-2016-LV-0 62i
8/20t6 — ROD (WAV) — NOV-2016-LV-0649
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time,...... 3,4
1 hour supervisor time— ..... ......... ..a.,.,.......,..., 52.56
Administrative staff ;cost.... . .: ........: ......... 15.0
Total Enforcement Cost 101.00
,
4 w "
Date W. Corey Basinger, Regional Supervisor
Water Quality`Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDFQ