NC0032662_Enforcement_20170307

ROY COOPER
S. JAY ZIMMERMAN
s. a
i
March 20, 2017
s. Catherine enbar, cr, City Manager
City of Claremont
PO Box 44
Claremont, NC 28610
Subject; payment Acknowledgement
North T
Permit NCO032662
Case No.LV-2017-0069
`jaunty Catawba
Dear Ms. lnb r;
This letter is, to acknowledge receipt ofpayment in the amount of 1.00 received from you on
03/20/20174 This payment satisfies in full the above civil assessment s) levied against the subject facility,
and this case has been chased, Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits.
if you have any questions, , please contact Wren Thedford at 919-807-6397.
Sincerely,
.Vlhu �gj
Oren Thedford
cc: Central Files
l PDES
Mooresville Regional Office
VAR 201
State . 6fNmth Carolina f Environmental Quality ('4'ilater Resources
10 rsst Center Avenue, Suite 30 1, Mooresville, NC 28115
704-663-1699

ROY COOPER
commar
MICHAEL S. REGAN
5derefory
S� JAY ZIMMERMAN
oftiv
ReWtv Hgkipj
Catherine Renbarger, City Manager
City of Claremont
PO Box 446
Claremont, NC 2 86 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 NPDES WW Permit No. NC
City of Claremont
North W'NV'TP
Case No.,LV-2017-0069
Catawba County
Dear Ms. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty, in the amount of $3 51 0 ($250,00 civil penalty +
$ 101 .00 enforcement costs) against City, of Claremont.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by City of Claremont for the month of October 2016, This review has shown the subject facility to be in violation
of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO032662, The violations,
which occurred in October 2016, are summarized in Attachment A to this letter.
used upon the above facts, I conclude as a matter of law that City of Claremont violated the terins, conditions or
requirements of NPDES WW Permit No. NCO032662 and G.S, 143-215.1(a)(6) in the manner and extent shown in
AttachmentA. In accordance with, the maximums established by G.S. 143-215,6A(aX2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S, 143-215. Ila).
Based upon the above findings of fact and conclusions of lave, 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 Supenrisor, Mooresville Regional Office hereky make the following civil penalt y- assessment against City of
Claremont:
State of North Carolina I Environmental Quality I WateTReiources
010 East Center Avenue, Suite 301,'Nlooresville, NC 28115
7(4-663-1699

E.50.00 TOTAL CIVIL PENALTY
$IQ_1.00 Enforcement Costs
51.0 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. 143B-282. l(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;
(22 ) 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) 'rhe 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 penalo,:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
,form). 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

F
Option 2: 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 reasonteness of the amount of the civil penalt- -'iss on proper
y assessed. Requesting rem"-i' is not the pro e
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 NCGS 14313-281 l(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 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.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and it you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for paymetir, and
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 b-
,y 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 re nest remiss Dave must corn lete and submit the enclosed "Request fq. Remission of Civil Penalties
)Kaiver of Right to an Administrative fleari this
notice. The Division of Water kesouLces aLsQ 1plunit, the enclosed "Justification for
Remission Reqt est."
-- L--
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North, Carolina 27699-1617

QpjLon2t: ilea Retition for an administrative hearing with the Of of Administrative Hearings. -
If you wish to contest any statement, in the attached assessment document you must file a petitionfor an administrative
hearing. You may obtain the petition fonn, from the Office ofAdministrative Hearings. You must file the petition with
the Office of Administrative -litarings 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 § 150B-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 miestions r -rqgqri 1din gg-the filim, fee and/or the details of the
fiin rocs.
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 he served on DEQ as follows;
Mr, William F. Lane, 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 [phone] or via email at [e-mail].
E=
W, Corey Basinger, 'Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement Fite
NPDES Compliance/Enforcement Unit- Enforcement File

r
Cast Niumbev IN4011400
Assemd PA#Y. City of Claremoni
Permit Njou N0012662
County:,Catawba
Amount Assessed. 1151.00
Please use this form when requesting remission of this civil penalry, You must also complete, the "{Request"air Remiss top?,,
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 arequest 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- § 143 B-282. I (c), remission of a civil
penalty maybe 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 factorsin N.C.G.S. 14313-282.1 (b) were wrongfully applied to the
detriment of the petitioner (the assessmenifiactors 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 and preventtuture occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain w4y the violation was unavoidable or
something you could not prevent or pre rare jbr);
(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 youftom perjbrming the activities necessar�y to achieve
compliance),
EXPLXNATION:

STATE OF NORTH CAROLJNADEPARTMENT T F ENVIRONMENTAL QUALIT
COUNTYF CATAWBA
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO A
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING G
STIPULATION OF FACTS
City of Claremont
North "T
PERMIT NO, NCO032662 CASE NO. ITV- 01 -006
Having been assessed civil penalties totaling 1.00 for violation(s) as set forth in the assessment dcwument of the Division
of water Resources dated March 7 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby
Nvaive the right to an administrative hearing in the above -stated matter and dues stipulate that the facts are as allegedin 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 of"Water Resources within thirty (ad) days of receiptofthe notice
of assessment. No new evidence in support of"a remission request will be allowed after (d) days from the receipt of the
notice of assessment.
This the _ day of
SIGNATURE
UR
ADDRESS
TELEPHONE

aY
City Of Ctarombtlt
CASE w*
PERMIT. NCO032662
REGION:
Mooresville
FACILITY: North WWTP
COUNTY,
Catawba
LIMIT 'IOLATION $
SAMPLELOCATION: Q utfall 001 - gffl nt
Violation Report
Unit of
Limit
Calculated Over
Violation
Penalty
Date Mont rParameter
Frequency Measure
Value
Value Limit
'hype
Amount
10/112016 10-2016 BOD, 5-Day (26 Deg.
Weekly mgA
45
47,70 5.5
Weekly
$0,00
- Concentration
Average
Exceeded
10/1/2616 10-2016 Solids, Total
Meekly mgA
45
138,20 267.2
Weekly
$250,00
Suspended-
Average
Concentration
Exceeded

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Date par mata
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�e Action
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ltdrlt� rdua�a� Iat�da
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pray wl"Values a rted
If of Violations Action
#perViol ions/ taff Remarks:
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Supervisor Remarks:
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Completed by,
Date:
Assistant Regional
$upervtsor sign
Date -
Regional u r i
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DIVISION OF WATER
Violator: Ci!X of Claremont
Facility Name: North WWTP
Permit Number- NCO032662
County: Catawba
Case Number: LV-2017-0069
ASSESSMENTIZACTORS
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;
ry
4. eea
2) The duration and gravity of the violation;
j A, ,'!� : 44
Af4
3) The effect on ground or surface water quantity or quality or on air quality
'T)A
I'v,
4) The cost of rectifying the damage;
/ j I
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
2/2012 - failed toxicity - NOD -2012-,SP-0001;
2/2013 - ROD (WAV & MAV) - Case #: LV-2013-0109;
10/2014 - failed toxicity -® NOV-2014-TX-0062;
112015 - BOD WAV - Case #: LV-2015-0200;
2/2015 -`ROD (WAV & MAV) and TSS MAV - Case #: LV-201 5-0204;
10/2015 - WAVs (ROD, TSS) and MAV (TSS) - Case #:LV-201,6-0059;
4/2016 - MAV (ammonia) - NOD-2016-LV-0089;
9/2016 - TSS MAV - Case #: LV-2017-LV-0052

AMR
) The cost to the State of the enforcement procedures.,
Enforcement Cost:
our staff time..,.. > ..........:....... .... ...... ......33.44
1 hour supervisor tinje......... 52.56
Administrative staff cyst .................. _.,......_1.
Total Enforcement Cast 101,00
Date areasirer, eitnal utarti ist�r
Water Quality Regional Operations Section
Mooresville RegionalOffice
Division of Water Resources, NCDEQ