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Home My WebLink AboutNC0032662_Enforcement_20130531 ' • , - r - TM CERTIFIED MAILTM RECEIPT j (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com OFFICIAL( S -.F, Postage $ Z \� 7 Certified Fee (n Return Receipt Fee 3 P ark R] ] (Endorsement Required) W Restricted Delive .f ] (Endorsement Required)ryFee la 3 I 4'L 48 V a 3 CITY OF CILAREMLAIT 7 PO BOX 44b D CLAREMONT NC ?84010 ATTN: MR DOUG BRRRICK, CITY MGR ...... w ` 5 )P(r+�0- 1o13(,3 �Ifl� :edified Mail Provides: A mailing receipt I A unique identifier for your mailpiece I A record of delivery kept by the Postal Service for two years nportant Reminders: Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail, Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. 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NCDFNR SURFACE WATER PROTECTION 610 EAST CENTER AVE w SUITE 301 MOORESVILLE NC 28115 Are 0., WA li, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat'McCrory Charles Wakild, RE John E. Skvada, III Governor Director Secretary May 31, 2013 446 <> CERTIFIED MAIL 7010 0780 0000 5519 2281 RYfURN RECEIPTREQLESTED yvlr. Doug Barrick, City Manager City of Clareniont P. 0. Box 446 Claremont, North Carolina 28610 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a1)(6) and NPDES Permit No. NCO032662 North WWTP Catawba Courity, Case No, LV-2013-0109 Dear Barr ick- This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $522.44 ($375.00 civil penalty -l- $147.44 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 February 2013, This review has show m the subject facility to be in violation of the discharge limitations found in NPDES Ise it No. N(..',0032662. The violations are sure marized 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. NCO032662 and North Carolina General Statute (G,S,) 143-215. 1 (a)(6) in the rnamier 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 Environment and Natural Resources and the Director of the Division of Water Quality, 1, Michael L Parker, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City, of Claremont- McoresOre Regional Offioe Location: 610 Last Cenier Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 t Fax� 1704) 663-6040 1 Customer Swim 1-877-623-6748 One ln�emo' hV:otortal.ncdenr,org1wehVq NoftbCzarohna An Equal Opptunity I AffirrnahyeAcwn Empiaye; - 30%/ Recycted10% Post Consumer pamr Naharall'y 125.0 v For I of the one (1) violation of G. S. 143-2 1 S. I (a)(6) aird Iq NPD�E,, —Permit No. NCO032662, by discharging waste into the waters of the State in violation of the Permit weekly average effluent limit for biological oxygen demand (BOD). 2%00 w For --- I of the one (I ) violation of G. S. 143 -215 F I (a)(6) and NPDES Permit No. NCO032662, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for biological oxygen demand (BOD). 37500 'TOTAL CIVIL PENALTY $ 147,44 Enforcement costs $__ 522.44 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 G.S. 14311-282, 1 (b), which are: (1) The degree and extent of harin to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) Tbe duration and gravity of the violations; (3) The, of on ground or surface water quantity or quality or on air quality; (4) Tbe cost of rectifying the damage; (5) The aniount of money saved by noncompliance; (6) Whether the violations Neer e cornmitted willfully or intentionally; (7) The prior record of the violator in complying or failing to comply lArith 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: 1. Submit payment of the penalty Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waivc,�rJbrrq). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliarice/Enforcernent Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be awNrare that a request for remission is lunited 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 ) 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 ofyour right to an adrnimstrative hearing and a stipulation that no factual or believe the you legal issues are in dispute. Please prepare a detailed staternent that establishes Nvh'v civil penalty should be re fitted., and submit it to the Division of Water Quality at the address listed below. In determining whether aremission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in, G.S. 14313-282. 1 (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 my previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. s Please note that all info rt e remission must be , onnation presented in suppo of your rcqu st fir submitted in writing. The Director of the Division of Water Quality will review your evidence and info 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 (Comrnitte4 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 Hearind Stipulation of Facts" form within thirty (30) days of receipt of this g an notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." loth forms should be submitted to the following address: Point Source CompliancelEnforcement Unit, Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 276994617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: if you wish to contest any statement in the attached assessment docurnent you must file a petition, for administrative hearm& You may obtain the petition form from the, Office of Admirustrative 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., Iq except for official state holidays, The petition may be filed by facsimile (fax) or electronic mail by an attached file (wlth 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 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 Seivice Center Raleigh, NC 27699-6714 T& (919) 431-3000; Fax: (919) 431-3100 One (1) copy of the petition Must also be served on DEN R as follows - Mr. Lacy Presnell, General Counsel DENR 1601 Mail Set -vice 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 thinly (30) days of receipt of this notice, as evidenced by an internal datettinne 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 the violations are of aeLo)nti�acxir=a--- --.. latedj+ ra aeration and/or rnaigt-enapge prmobl��MsALd you antici ate remedial construction activities��h _ - ate Michael L. Parker, Regional Supervisor Surface Water Protection - Division, of Water Quality Mooresville Regional Office ATTACHMENTS cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File we' attachments Central Files w/ attachments mlp/ma ATTACHMENT A_ Outfall' lu —PermitLimit 001 Week ending 2/16/13 BO /L 45.E L (Weekly average) 001 ` /28/1 13 1: 37.E mg/L 3 0, 0 ll, Monthly average) The City of Claremont did not provide a response to NOV-2013-LV-0291. Comments were provided on the February 013' ll . Mitigating factors ere found to result in a reduced civil penalty. STATE OF NORT14 CAROUNA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALFTY AGAINST CITY OF CLAREMONT DEPARTMENT OF ,NII t i L' 'T AND NATURAL L RESOURCES WAIVER OF ICI 14T TOAN ADMINISTRATIVE HEARING AN STIPULATION OF PACTS FILE NO. LV-2013-0109 Having been assessed civil penalties totaling : 22.44 for violation(s) as set forth in the assessment document of the Division of Water Quality dated.May 31,2013, the undersigned, desiring to seek remission of the civil penalties, dues 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 farther understands that all evidence presented in, support of remission of this civil penalty must be submitted to the Director of the Division ofWater Quality within ti days of receipt of the notice of No new evidence in support ofa remission request ,NNill be allowed after 30 days from the receipt of'the notice of assessment. This they � � day o _ _ _ 201 JUSTIFICATION FOR REMISS!qN_ILL) LM DWQ Case Number: LV-2013-0109 Assessed Party. City of Claremont County: Catawba Permit Number: NCO032662 Amount Assessed: $522.44 Please use this forni when requesting remission of this civil penalty. You must also cornpiete the 11 n , , " r'_ n-1;: L17-4-- -i' f"', ey" Ronrincr andStinulation of Facts" Rinu 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. Requestingg, -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 m, of the civil M*K_�Ls� ore -Rqii sment factors in N.C.G.S... 14313-283.1 1 were ran fly applied to the detriment of the pgt—itiottef (the assessinentfiactors arc, listed in the cap} ilpenalty, assessment doeutnen�); (b) the violatoLprQmptly okate -4-e-()ntinuitiyenvironmental dam_ares� ltiz� f�c�apa tlf violation (i.e., explain the steps that you took to correct the violation andprevent future occurrences,); (c) the violation was inadvertent or a result of an accident (i.e,, explain ulky the violation vvas unavoidable or something you could not prevent or prepare 16r); (d) the violator had not been assessed c j-,jl pepalfieifor anyLpreyipris violqriklj,�; (e)a rant o fl?e o%sit malt mill teens tat for the ertiniraatsar t rerrietlt the activities necessary to achieve eornpliance). EXPLANATION: (use additionalpages as necessary) NOWITI CARD LINA DIVISION OF WATER QLALay ASSESSMENT FACTORS Violator: Q ' i ' ty of_Claremoat Facility: North WWTI' County: Catawba Case Number: LV-2013-0109 Permit Number. NCO032662 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 discharge of BOD in excess of the weekly or monthly average could cause a decrease in the instrearn dissolved oxygen concentration downstream of the facility. The receiving stream is Mull Creek, a class WS-IV stream in Catawba River basin. 2) The duration and gravity of the violation; The BOD weekly average concentration of 74.0 mg/L (one sample collected) exceeded the permit limit of 45.0 mg/L by 64.4%, for the week ending February 16, 2013. The BOD monthly average concentration of 37r5 mg/L exceeded the permit limit of 30.0 mg1L by 37r5%, 3) The effect on ground or surface water quantiq or quality or on air quality,; The best use of the receiving stream (Class WS-IV — water supply, fishlaquatic life propagation, and secondary recreation) may be altered due to reduced dissolved oxygen concentrations caused by assimilation of oxygen -consuming wastes such as BOD and could impact aquatic life propagation- 4) The cost of rectifying the damage; the cost is unknown. 5) The amount of money saved by noncompliance; the amount is unknown, 6) Whether the violation was committed willfully or intentionally; The brVition of Water Qow has no evid6hoe that the violations were committed Willfully or intentionally, The City of Claremont noted on the February 2013 OMR that the WVVTP received higher than normal solids and 80D duning the week ending February 16, 2011 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 I I previous CPAs for the North WV\(TP with no As issued in the past 12 months, 8) The cost to the State of the enforcement procedures; the cost to the Division is $147.44. Micha-e-l-L, Parker, Regional —Supervisor Surface Water Protection - Division of Water Quality Mooresville Regional Office PERMIT: NCO032662 FACILITY-, City of Claremont - North WWTP COUNTY: Catawba REGION: Mooresville Limit Violation MONITORING OUTFALL) REPORT PpI VIOLATION UNIT OF CALCULATED LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 02 _ 2013 001 Effluent BOD. 5-Day (20 Deg, C) ® 02116113 Weekly Concentration mq/I 45/ 74 6444 Weekly Average Exceeded None 02 -2013 001 Effluent ROD, 5-Day (20 Deg, C) - 02/28113 Weekly Concentration Troll 30 i"', 37,52 25�07 Monthly Average Exceeded None 4 J, IY PER) IT. NCO032867 FACILITY: Maliks International Inc Mountain Travel Plaza COUNTY: Cleveland REGIOW Mooresville . .. . . . . ..... .. ..... .... ..... 4-1' ONITORING 0VTFALL I REPO PPI 132 -2b13 001 Limit Violation MONl ORING OUTFALL/ REPORT PpI 2 62 - 2,013 001 VIOLATION TION PARAMETER DATE FREOUENCY ent Chlorine, Total Resicival 02113113 2 X week FACILITY: Cloveland County Schools - Casar Ell mi WWTp UNIT OF CALCULATED MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION U911 28 50 78.57 Daily Maximum Exceeded None otary School COUNTY: Cleveland REGION.,, Mooresville ViOLATION UNIT OF CALCULATED ,OCA`U0N PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION Effluent , pH 02127113 2 X month SU 6 5.6 6,67 Daily Minimum Not Reached None