WQCS00089_Enforcement_20120809

Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman
Governor Director Secretary
August 9, 2012
CERTIFIED MAIL 7010 0290 0000 4565 0755
REjLjRN RFCEIPT REQUESTED
Mr, Doug Barrick, City Manager
Citv of Claremont
32East Main Street
Claremont, North Carolina 28610
SUBJECT- Notice otViolation and Assessi-nent of Civil Penalty for Violations
of N.C. General Statute (G.S.) 143-215.1(a)(I)and Collection
System Permit No. WQCS00089
Claremont Collection System
Catawba County
Case No, DV-2012-0031
year Mr. Barri&
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $394.87
($300.00 civil penalty � $94.87 enforcement costs) against the City of Claremont,
his assessment is based upon the following facts- A review has been conducted of the Collecti(M System
Sanitary Sewer Overflovv Report(s) (CS-SSO) for May 2012. This review has shop -ji the sub cot collection
system to be in violation of the requirements found in Collection System, Permit No. WQCS00089, The
violation(s) that occurred 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 of Collection System Permit No. WQCS00089 and North Carolina General
Statute (G.S.) 143-2151 (a)(1) in the manner and extent shown in Attachment A. A civil penalty nray., be
assessed against any person Nvho violates the terms, conditions, or requirements of a permit in accordance
with the maximums established by G.S. 143-215.6A(a)(2)-
Based upon, the above findings of fict 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 Quality, I, fob Krebs, Division of Water Quality Surface Water Protection Regional Supervisor for
the Mooresville Region, hereby make the following civil penalty assessment against the City of Claremont:
rice
er Ave,, Nude 3101, Nborzesvgfe,
� Fax: [phone] Custom
�anrorqrwebtwq
NC 28115
erSer,,cel 1-877-623,6748
01, e
Noah Carolina

For --I .--of the one {1) violation of G.S. 143-215.1 and 15A
NCAC 21' .0403._ by discharging waste into the waters of the State
without a pernnt for DWQ Incident No,201200937, which
occurred on May 23, 2012,
TOTAL CIVIL PENALTY
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 1..aw and the factors setforth at G S. 143B-281 I (b), which are°
(1) The degree and extent of harm to the natural resources of the State, tip % 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 COrnplying or failing to comply with progratns over which the
Enviromnental 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-
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(clo not include waiverform), Payment of the penalty will not foreclose further enforcement action for
any continuing or new viola tion(s).
Please submit payment to the attention of,
Daryl Merritt, PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina, 27699-1617
3M

ra written request for remission including a detailed justification for such request:
Please be aware that a request for rernission is limffive
ited to consideration othe factors listed below as
they may relate to the reasonableness of the amount of the penalty assessed, Requesting renrission 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 rernission request,
forecloses the option of an administrative hearing, such a request must be accomparded 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 Quality at the address listed below, In determining whether a
remission request will be approved, the following factors shall be considere&
(1) whether one or more of the civil penalty assessment factors in G,S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator proMptly abated continuing environtnerital 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 payrrient for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
v,,Titing. The Director of the, Division of Water Quality will review y-our evidence and inforni 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 riot 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 "Request for Remission of'
Civil Penalties, Waiver of Riglit to an Administrative Hearing, and Stipulation of Facts" formi within
thirty (30) days of receipt of this notice. The Division of" pater Quality also requests that you complete
mid subri-rit the enclosed "Justification for Remission Request," Both forms should be submitted to the
following addressa
Daryl Nlerritt, PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Robert B. Krebs, Regional Supervisor
Surtacc Water Protection Section
610 E. Center Avenue, Suite 3 01
Mooresville, North Carolina 28115

3. File a petition for an administrative hearing with the Office of Administrative Hearing
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 frorn 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 NC GS § 15011-23.2) 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. Tile 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-. (919) 43 1-3 100
One (1) copy of the petition must also be served, on DENR as follows:
Mary Penny Thompson General Counsel
,DENR
1601 Mail Service Center
Raleigh., NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal dateithrie 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 rnay be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Lon Snider at [phone],
(Date)
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
CC' Water Quality Regional Supervisor ov/ attachments
PERCS Urrit Enforcement File ,v/ attaclunents
Central Files w/attachments

PTAVrE, 70FINOR11-1 CAI.OLI' IA
COUNTY OF CATAWBA
IN THE MATTER E ASSESSMENT
OF CIVIL PENALTY
AGAINST
CITY OF CLAREMONT
PERMIT NO, WQCS00089
DEPARTMENT F E `VIRONME "l
AND NATURAL RESOURCES
WAIVER OF RIGI-ITTO AN
a DMINI 'FRA IVE F[EARJNG AN
FILE NO, DV-2012-0031
Having been assessed civil penalties totaling $394.87 for violation(s) as sit forth in the assessment
document meat of the Division of eater Quality dated August 9, 2012 the undersigned, desiring to seed
remission of the civil penalties, does r r b ° waive the right to are administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the assessment document, The € ndersi n d further
understands that all evidence n presented in support of remission of this civil penalty must be submitted to the,
Director of the Division of Water Quality within 30 days of receipt of the notice of assessment, No new
evidence in, support of a remission requestwill be allovvd after 30 days from the ec it t of the notice of
assessment:,
This the day of fI I
BY
ADDRESS

R.STIFICATION FOR REMISSION REQLM
DWQ Case Number: DV-2012-0031
Assessed Party.- City of Claremont
Count-
y: Catawba
Permit Number: WQCS00089
Amount Assessed: $394.87
Please use this forrii when requesting remission of this civil penalty. You rust also complete the "& Uwk��,jt
F'ot: lf,"aive o it tc -JearitM.�tLkd , 'I &LitLon () jEacts" form to request
L -9 �,an Administrative I 1L ----I �_
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 w-nount 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 staterrsent
s
contained in the civil penalty assessment docarnent. Pursuant to N,C.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 thefactor applies (attach additional pages as needed).
(a) one or more of the civil Venal assessment factors in N.C.G.S, 143BL282,1'h lverq
"TqD li, J1 , ner (the assessment,/avors are listed in the civil penaht,,
gt'jilty applied to the detriment of the etit o
assess,ment docunieq),
(b) t ke - Lk) —I 4 to t ontinui
E.Piomotb��-ahq d e c _._Dg environmental argsqgeesaj. irg r(ni the violation
(i. e, elain the stePS that.you took to correct the violation and pre i,,entfiuture occurrenees,):
fed the violation was inadvertent or a result ofan, accident (i.e., explain wh.Y the violation was
unavoidableor something you could not prevent or prep are fiw);
(d) the violator had not been assessed civ I enalties fo
(e) pqLrnLtg_of. the eivilnalt the remainig& igcessary rerne&kI
acti-ons (i, e., explain hoiv payment o rom performing the activities ,f the civil penaI4, will prevent you f
necessary, Io achieve compliance),
EXPLANATION: to additional pages as necessaiuv)

Attachment A iq
City of Claremont Collection System
May 2012
I' rrsaii„tE Location s I qi(i r,i _ r t (3allonstiia eachi E nfbrcem z Vio lafio � A��t,ion Cause: Coots
..
CS00221WQ3067 Hope St 201200937 65123112 9100 9100 DV-2012-0031 Proceed to Enforcement Ye

NCDENR - Division of Water Quality
Surface Water Protection Section
Sanitary Sewer Overflow Penalty, Matrix
Violator: Assessor: (z 1<,",5
NOV #: Date: -.104tL
Enforcement Case
SSO flenahlv Ilatrix 1 31 08 4V 67- (^Lt