NC0032662_Enforcement_20160303

PAT MCFCttORY
s�
DO A D R. VAN DES VAA T
WaterPesources S. JAY ZIMMERMAN
ENVIRONMENTAL C'J4AALITe
March I , 0I
Catherine Renbarger, City Manager
City of Claremont
rr ont
PO Box 446
Claremont, NC 2861 Ct
Subject: Payment Acknowledgement
Noah WAVTP
Permit Nurather; NCO032662
Case Nrarrrh r. IX-2016-0059
Catawba County
my
Dear errrrittdc:
This letter istoacknowledge rcc ilat of payment in the arraount of $583.66 received from you gated March
21, 2016, This payment satisfies in fall the above civil assessment s levied against the subject cct facility,
and this case has been closed. payment of this penalty, in no curry precludesfuture action by this Division
for additional violations of the applicable Statues, fCc,vtxlatirarrs or Permits.
If you have any € uestions, please contact: Wren Thedford at 919-807-6304.
Sincerely
Wv-
Wren Thedford
Wastewater Branch
cc: Central Fins
NPDE
Mooresville Regional Office
Si¢ale of North Carolina Favironmental Quafity p Water Resources
@ 6I7 N,tail sen ce Ccinter; I R iteigh, North tar'altilai 27699-r6 t?
919 807-6300

Certified Mail # 7015 1520 0002 8376 1770
Return Re�cea t Re nested
March 3, 2016
Catherine Renbarger, City Manager
City of Claremont
Post Office Box 446
Claremont, No Carolina 2 86 10
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. l(a)(6)
and Permit No. NC0032662
Case No. LV-2016-0059
County Catawba
Dear Permittee,
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 5 83.66 ($45 0.00 + $13 3 .66)
against the City of Claremont North WWTP.
This assessment is based upon the following facts: a review has been conducted of the discharge mot) itori ng report (DNIR)
submitted by The City of Claremont for the month of October 2015. '11iis review has shown the subject facility to be in
'violation, of the discharge limitations found in PermitNo. NC0032662. The violations, which occurred in October 2015, 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 NPDE S Permit No. NCO 2662 and C.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. 143-215, I(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 penalty assessment against The City
of Claremont, North Wastewater Treatment Plant:
State of North Carolina I Environmental Quality I Water Resources

90-0-0 1 of the I violations of 143-215.1(a)(6) and PertnitNo.NCO032662, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
li00100 1 of the I violations of 143-215. 1 (a)(6) and Permit No,NCO032662, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average, for BOD - Cone,
IL00.00 1 of the I violations of 143-215. 1 (a)(6) and Permit No.NCO032662, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Cone.
14.00 TOTAL CPAL PENALTY
1113,66 Enforcement Costs
1�83 66 TOTAL AMOUNT DUIE
Pursuant, to GS, 143-215.6A(e), in determining the amount of the penalty 1, have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-281 I (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 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 pkyment of the penalty, OR
(2) Submit a written request for remission, OR
(3,) Submit a written request for an administrative bearing
Option,I: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
jbrm). 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 27699-161.7

Option Submit a written 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 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, Because a remission request forecloses the option of an administrative he
such a request roust be accomparded by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Tease prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division ofWater resources at the address listed below,
In determining whether a remission request will be approved, the following factors shall be considered"
f 1' whether one or more of the civil penalty assessment factors in NCGS 14-282.1(b) was on fully=
applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from the violation
whether the violation was inadvertent or a result of an accident;
t whether the violator had been assessed civil penalties for an, y previous violations; or
) whether payment of the civil penalty will prevent payment for the remaining, necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in wvriting. The
Director of the Division of Water resources will review your evidence and inform you of his decision in the matter of
your remission quest. the response will provide details regarding the ease stains, directions for pad ertt, and
r
provision for further appeal of the penalty to theEnvironmental 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, Wherefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
remission Re nest."
Both forms should be submitted to the following address'.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27 d -1 1.

Option 3: Flit2ttition for an administrative hearing with the Office of Administrative H S.arials.
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 NC GS § 15OB-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 ear. js with all -questions regardhigthe filing fqe and/or the details of the
fain
g-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 DE Q 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.
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 Roberto Scbe I ler with the Div ision of Water Resources staff of the Mooresville
Regional Of at [phone] or via email at Roberto.scheller@,Iicdenr.gov.
Sincerely,
W. Cory Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc'WQ$ RogionalOffice.Enf6reementFile
NPDES Compl iance/Erdbreement Unit � Enf6kernent File

ATTACHMENT A
Its* of Claremont
CASE NUMBER: LV-201 A
PERMIT: NCO032662
FACILITY,, North VVWTPCOUNTY:
Catawba
REGION:
Mooresville
Ltmit Violations
MONITORING
tiUTfALL t
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTYREPORT
PPG LOCATION
PARAMETER
DATE FREQUENCY
MEASURE umi-r
VALUE
LIMIT
VIOLATION TYPE'
$10000 10-201 a
001 Et`t?aaerd
BOD-Com
103illfi
mg/1 45
49,
89
ekty AverAverso Exceeded
$250.0 10-2015
DOI Effluent
TSS - Corn
10131115 Weapdy
angtt 30
33,70
12.5
Monthly Averap Exceeded
$10000 10,2015
001 Effluent
TSS - Canc
10131115 weekly
man 45
76 90
70.3
Weekly Average Exceeded

SUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0059 County: Catawba
Assessed Party: The City, of Claremont
Permit No�.. NCO032662 Amount Assessed: M. L 6 ,
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, andStipulation qfFacts" 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 lunited 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 MC.G.S. § 143B-281 I (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. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment./actors are listed in the civilpenalty assessment docurnent),;
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation andpreventfilture occurrences);
(c) the violation was inadvertent or a result of an accident (i. e., e.rplain why, the violation was unmoidabaye or
something you could not prevent or preparefor) ,-
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for tire remaining necessary remedial actions (i.e., explain
howpa yment of the civil penalty will prevent youfrom performing the activities necessary to achieve
compliance).
EXPLANATION:

STAB OF CAROLINA
COt > T' OF CATAWBA
DEPARTNENTOF ENVIRONMENTAL QUALIT "`
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHTTO
AN
OF C"IVII, PENALTIES AGAINST )ADMiNISTRATI-VE HEARING
STEPULATION OF FACTS
The City of Claremont' �
PERMIT NO. NCO032662 CASE NO. LV-2016-0059
Having been assessed civil penalties totaling for violation(s) setforth in the assessment document of the Division
of
Water Resources es dated March 3, 2016, the undersigned, desiring to seep remiss ion f the civil penalty, dries hereby waive the
right to an administrative hearing in the above -stated matter and dues 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
he submitted to the Director of the Division of Water Resources within thirty (3 days Of receipt of the notice of
assessment, No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment,
This the day of 20_

- CIVIL PENALTY ASSESSMENT
Violator: City of Claremont
Facility Name: North WWTP
Permit Number: NCO0 2662
County. Catawba
Case Number: LV-2016-005
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; No harm has been documented however, eaoceedanc s of BOD and Total
Suspended Solids (TSS) in the receiving waters may deplete dissolved oxygen in the receiving stream and have a
detrimental effect on aquatic life.
2) The duration and gravity of the violation;
The violations occurred during the month of October 201 S.
The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water, air quality, or surface waters . xp
) The cost of rectifying the damage,
The coast of darnages is unknown.
5) The amount of moneysaved by noncompliance;
Amount of monies saved by noncompliance unknown.
6) Whether the violation was committed willfully or intentionally;
The violations do not appear to be willful of intentional,
) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority,
The subject facility has had two (2) Enforcement Cases taken against in the past 12 months (September 2015 to
September 2014). Case numbers LV-201 -02 0 and L -2015- 204
i
) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is $133.66.
Regional Office Clerical Staff— one hour $15.00
Enforcement case preparation stafftime — two hours 661
Regional Office Supervisor review — one hour $52.40
Total: $133,66
Date W. Corey Basi ger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NL t`tENR

CIVIL PENALTY ASSESSMENT
Violator: City of Claremont
Facility Name: No WWTP
Permit Number: NCO032662
County: Catawba
Case Number: LV-2016-0059
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; No harm has been documented; however, exceedances of BOD and Total
Suspended Solids JSS) in the receiving waters may deplete dissolved oxygen in the receiving stream and have a
detrimental effect on aquatic life.
2) The duration and gravity of the violation;
The violations occurred during the month of October 2015.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water, air quality, or surface waters have been documented.
4) The cost of rectifying the damage;
The cost of damages is unknown.
5) The amount of money saved by noncompliance;
Amount of monies, saved by noncompliance unknown.
6) Whether the violation was committed willfully or intentionally;
The violations do not appear to be willful of intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
The subject facility has had two (2) Enforcement Cases taken against in the past 12 months (September 2015 to
September 2014). Case numbers LV-2015-0200 and LV-2015-0204.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is $133 Afi,
Regional Office Clerical Staff--- one hour $15.00
Enforcement case preparation staff time --- two hours $66,26
Regional Office Supervisor review — one hour $5140
Total-. $133.66
I
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDENR