NC0032662_Civil Penalty Assessment_20150921

00000
rag
Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Secretary
September 21, 2015
CERTIFIED MAIL 7015 0640 0002 9299 3564
RETURN RECEIPT REQUESTED
Ms. Catherine Renbarger, City Manager
City of Claremont
P.O. Box 446
Claremo.nt, NC, 28610
SUBJECT: Notice of 'Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215A(a)(6) and NPDES Permit No. NC0032662
Claremont North WWTP
Catawba County
Case No, LV-2015-0204
Dear. Ms. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1146.47 ($1000 civil penalty -- $146.97 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 2015. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0032662. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that the City of Claremont violated
the tenrns, conditions, or requirements of NPDES Permit No. NC0032662 and North Carolina General
Statute (G.'S.) 143-215.1(a)(6) in the manner 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 Resources, I., Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the 'following civil penalty assessment against the City ofClaremont:
Mooresville RegI.onal Office
Locatim 610 East Center v.e., Suite:301 r\toresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-523-6748
Internet: http://portatncrienr,orghveblwq

250.00
750.00
0.00
For 1 _ of the one (1) violation of G.S. 143-115.1(a)(6) and
NPDES Permit No. NC0032662, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for BOD.
For 1 of the one (1) violation of G.S. 143-215.4E1)(6) and
NPDES Permit No. NC0032662, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
For 1 of the one (1) violation of G.S. 143-215..1(a)(6) and
NPDES Permit No. NC0032662, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for TSS.
1000..00 TOTAL CIVIL PENALTY
146.97 Enforcement costs
1146.97 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty" have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved,by noncompliance;
Whether the violations were 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
The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include -waiver )orm). 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.-16.17

OR
2. Submit a written request for remission 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 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 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 G.S. 43B-282,1(b) were
wrongfully applied to the detriment of the petitioner;
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 information 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
inform 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 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 Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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 §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 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 A.dministrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes,General Counsel
DENR
1601. Mail Service Center
Raleigh, NC 27699-1.601
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 notice, 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 about this civil penalty assessment please
contact staff in the Mooresville Regional Office at (704) 663-1.699.
61 ?..) 15
(Date) '<:-.-1-Michael..L. Parker, RegionalVwenrisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachm.ents
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments

ATTACHMENT A
CASE NO.IN-2015-0204
Cutf . l Date Parameter
001 week ending 2/14/2015 BOLA
0012/2812015 BOD
001 2/28/2015 TSS
Reported V Permit Limit
70 nn/1*
38.E /1*
3, mg/1
45 mg/ feekly Average)
30 mgd (Monthly Average)
30 rrm /l (Monthly Average)
e
Denotes el it penalty assess et t
City of Claremont response to NOV-2015-IN-0417 received o July 27, 2015 was
reviewed by DWR staff.. Mitigating factors were not found to result in a reduced eiNril
penalty amount,

STATE OF NORTH CARO I A: DEPARTMENT .RTME1 T OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY lT F CATAWBA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY F CLAREMONT
PERMIT NUMBER NC0032662
WAIVER OFRIGHT I TO AN
ADMINISTRATIVE HEARING AND
STIPULATION F FACTS
FILE N. 1V-2 l 0204
Havingbeen assessed civil penalties totaling 46i. for vi l tinn(s as set forth in the
assessment document of the Division isicn of Water Resources dated June 30, 2015, the undersigned,
desiring to seek remission of the civil penalties, does 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
documents The undersigned further understands that all evidence presented in support of remission of
this civil penaltymust be submitted to the Director of the Division of Water Resources within 30 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 215
ADDRESS
BY
TELEPIONE

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0204
Assessed Party: City of Claremont
County: Catawba
Permit Number: NC0032662
Amount Assessed: $1146.97
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, 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 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.C.1.S. § 1.43B-2811(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 more of the civil .m en a s Tri N.C.G.S; 143B-2
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation explain the steps that you took to correct the violation and prevent
future occurrences);
the violation was inadvertent or a result of an accident .e., explain why the violation
was unavoidable or something you could not prevent Or prepare fin);
(d) the violator had not been assessed civil penalties for any previous violations;
te)
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 you from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: City of Claremont
Facility: Claremont North WWTP
County: Catawba
Case Number: LV-2015-0204
Permit Number: NC0032662
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;
2) The duration and gravity of the violation;
The BOD weekly average effluent limit violation was exceeded the permit limit by 55.6%. The BOD
monthly average permit limit violation was exceeded by 28.7% during the month of February 2015.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. BOD is an oxygen -consuming waste and therefore
increased concentrations could reduce the amount of oxygen available to aquatic organisms.
4) The cost of rectifying the damage;
The cost is unknown,
5) The amount of money saved by noncompliance;
The amount of rnoney saved by noncompliance is unknown..
6 Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were 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;
There have been 13 previous CPAs for the Claremont North 'WWTP, with the last CPA being issued
on September 16, 2015, for BOD violation that occurred in January 2015.

8 Th
;ta the State of the enforcement procedures.
Thecost to the Division of Water Resources is 1 . .
Date
ae➢ 1, Parker, Regional Supervisor
ater Quality Regional Operations Section
i isi n of Water Resources, NCDENR

Water Resources
ENVIRONMENTAL, QUALITY
January 12, 2016
CERTIFIEID MAIL 7013 2630 0001 8998 42.85
RETURN RECEIPT REQUESTED
Ms. Catherine Renbarger, CityManager
City of Claremont
P.O. Box 446
Claremont, NC 28610
Dear Ms. Renbarger:
PAT MCCRORY
Governor
DDNAED R. VAN DER VAART
sec etary
S. JAY ZIMMERMAN
Director
Subject: Concerning Your Request to Remit Civil Penalties
North WWTP NPDES Permit NC0032662
Case Numbers LV-2015-0200, LV-2015-0204
McLin Creek WWTP NPDES Permit NC0081370
Case Numbers LV-2015-0203, LV-2015-0207,
LV-2015-0210, LV-2015-0216, LV-2015-0236
Catawba County
In accordance with North Carolina General Statute 143-21.5.6 A(f), the .Director of the Noy
Carolina Division of Water Resources (the Director) has considered the information you srilrr fitted
in support of your request to remit civil penalties assessed in the subject cases. The subject
penalty -assessment cases total $11.,2.72.55 (including investigative costs of $1,022.55).
The Director has granted partial remission for all seven (7) cases, 20% of assessed penalties,
excluding investigative costs. This resolves to a total amount due of $9,222.55 [$10,250 x 0.80
$8,200.00 + $1,02,2.55].. We have attached a copy of the Director's decisions summary.
Two options are available to you at this stage of the rer• ission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving
this letter, to the attention of:
Ms. Wren Thedford
NCDEQIDWRIWQ Permitting Section
1 617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2015-0204 Region: Mooresville County: Catawba
Assessed Entity: Cily of Claremont, North WWTP Permit No.: NC0032662_
Assessment Factors
0 (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
NOT ASSERTED — Not Applicable.
DWR Notes:
(b) Whether the violator promptly abated continuingeontinuing environmental damage resulting from the
violation:
NOT ASSERTED —Not Applicable.
DWR Notes:
(c) Whether the violation was inadvertent a suit ofan accident:
NOT ASSERTED — Not Applicable.
DWR Notes:
LI (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED — Not Applicable.
DWR Notes:
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
The pennittee asserts the reason for remission request is that ,payment of these fines will result in a sincere
hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont
to continue with the long range planning efforts.
DWR Notes: Review o 'the pas 1.five ,Kars o compliance history indicated the subject facility has a fairly good
operation record No explanation was provided to the Division as to the reason for issues with limits violations
at the subject lacility A mitigating factor to consider in support of remission is that the civil penalty will prevent
payment or any remaining necessary remedial actions such as long range planning efforts by the
DECISION (Check One)
Request Denied LJ
Full Remission
Retain Enforcement Cost? Yes, Er<0
Partial Remission (Enter Amount)
oupart Date

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION'
COUNTY OF CATAWBA D\VR Case N . tber LV-20.15-0204
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
CITY OF CLAREMONT
NORTH WW1?
REQUEST FOR ORAL PRESENTATION
hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above, lit making this request, assert that I understand all of the 'following statements:
This request will he reviewed. by the Chairman of the Environmental Management Commission and may be either granted or
denied,
Making a presentation will require the presence of myself andior my representative during a Committee meeting. held in Raleigh,
North Carolina:
• My presentation will be limited to discussion ofissues and informatior,submitted in my original remission rcqpest. and becat
se
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length,
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers. who are 'active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days. of receipt of
this letter,
Depending on your status as an corporation, partnership or municipality, the State F3ar's Opinion affects how you may
proceed with your oral presentation. See www.n.cbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007,Formal
Ethics Opinion „3,
• if -you are an individual. or business Wier and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on .having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or .consultant. then vou muse also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law,
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Cointnittee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible,
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission .Request form
and this Oral Presentation Request form are: 1) :for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals, who would not violate the State Bar's Opinion on the unauthorized practice of
law,
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred,
This the day of 20
SIGNATURE
TITLE (President, Owner, etc,)
ADDRLSS
TELEPHONE (

COUNTY OF CATAWBA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF CLAREMONT
PERMIT NUMBER NC0032662
STATE OF NORTH CAROL , A DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
)
)
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE 0, LV-2015-0204
Having been assessed civil penalties totaling $1146.97 for violation(s) as set Ibrth in the
assessment document of the Division of Water Resources dated June 30,,2015, the undersigned,
desiring to seek remission of the civil penalties, does 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 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 30 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.
al
This the 4" day of
, 2015
BY
ADDRESS
fridn-F N6 a010
TELEPHONE
(c318)1-1(o(i

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: IN-2015-0204
Assessed Party: City of Claremont
County: Catawba
Permit Number: NC0032662
Amount Assessed: $1146.97
Please use this form when requesting remission of this civil penalty, You must also complete the
'`.Request For ,Remission, FPraiver of Right t© 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 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. § 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 more of the civil penalty assessment factors in N.C,G.S, 43B-282,1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors 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 prevent
Attire occurrences):
the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(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 you from per orming
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)