NC0034754_Enforcement_20150910

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COMMSCOPE, INC.
n =
3 6519 COMMSCOPE ROAD
n = CATAWBA NC 28609-0199
ATTN: MR GEORGE CROSBY
dwr/ot 9/10/15

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6519 COMMSCOPE ROAD
CATAWBA NC 28609-0199
ATTN: MR GEORGE CROSBY
dwr/ot 9/10/15
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MOORESVILLE NC 28115 o z
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NCDE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 10, 2015 64
Mr. George Crosby, EI-I&S Engineer
Comm Scope, Inc,
6519 Oran Scope Road
CataAA,ba, NC 28609-0199
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. Oeneral Statute
143-215. l(a)(6) mid NPDES Permit No. NCOO-3 )4754
CommScope WWTI"
Catawba County
Case No. LV-2015-0187
Dear Jr. Crosby:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1296.97 ($1150 civil penalty + $146.97 enforcement costs) against CommScope, Inc.
This assessment is based upon the following facts: A review has been conducted of the seff-
monitoring data reported for November 2014. This review has shoN-vn the subject facility to be in
violation of the discharge limitations found in NPDES permit No. NCO034754 . The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that CommScope, Inc violated the
terms, conditions, or requirements of NPDES Permit No, NCO034754 and North Carolina General
Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent sho�vn in Attachment A. A civil penalty- may
be assessed in accordance with the maximums established by G.S. 143-215.6A(a;)(2).
Based upon the above findings of fact and conclusions of larv, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael L. Parker, Regional Supenisor for the Mooresville
Region, hereby make the following civil penalty assessment against CommSeope, Inc;
tvlooresOle Regional Office
Locatrow 610 East Center Ave., S Llite 301 Mooresville, NC 28115
Phom (734) %3-1699 1k fax: [phone]'+' Customer Servim 1 -877 -623-6748
htejaK htlp,,Ilportal,r,�ct$-,,ir,orgiwebiuq
An Empbppr -3n,, Re.-yrk01O% PostCon suq,rir paper

S_ I KOO For - I - of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO034754, by discharging waste into the.
-waters of the State in violation of the pennit daily maximum,
effluent limit for BOD.
IKOO For I of the one (1) violation of G.S. 143-215J(a)(6) and
NPDES Permit No. NCO034754, by discharging waste into the
waters of the State in violation. of the permit daily maximum
effluent lin-fit for fecal coliform.
100.00 For I of the one (1) violation of G.S. 143-215.1(a),(6) and
NPDES Permit No. N'CO034754, by discharging waste into the
waters of the State in violation of the permit daily maxi Turn
effluent limit for immonia.
100.00 For 1, of the, one (1) violation of G.S. 143-215.1(a)(6) and
NP6F' —,SPen-nit No. NCO034754, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
$250.00 For I of the one (1) violation of G.S. 143-215, 1 (a)(6) and
NPDES Permit No. NCO034754, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent, limit for ammonia.
$_250.00 For_ I ---of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES, Permit No. NCO034754, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
$_ 250,00 For I of the one (I ) violation of G. S. 143 -215. 1 (#6) and
NPDES PeitNo. NCO034754, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids.
$ 1150,00
$ 146.97
QW97
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 Law and the factors set forth at G.S. 14313-2811 (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 violations;
(2) The duration and gravity of the violations;
(3) The effect on ground orsurface 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 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 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 E nvironment and Natural
Resources (do not include, waiverfbrni), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment; to the attention of.
Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
K3
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 S. 143B-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 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 Comrttee on Civil Penalty Remissions (Committec).
'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 f.br Remission Request." Both forins should be submitted to the, follo,,N-ing address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
om
3. File a petition for an administrative hearing with the Office of Administrative Heanings:
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 Aith the Office ofAdininistrative Hearings
within thirty (30) days of receipt of this notice:; A petition is considered filed when it is received in
the Office of Administrative f learings during nornial office hours, The Office ofAdministrative
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 ff 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 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:
OtTice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
fax [phone]
One (1) copy of the petition truest also be served on DENTR asfallows
-

Mr. Bath A Hayes, General Counsel
D ENl2_
1,601 Mail Bernice Center
Raleigh, h, l 6 -1 l
Please indicate the case number as found can 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. Ifyou have any questions about this civil penalty assessment please
contact star in the Mooresville Regional Office at 7) 63-I
ateMichael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
NI A ""HM T
cc: Mooresville Regional Office Compliance ;File / attachments
Raleigh omp i ce/Pnforc ent Pile / attachments
Central Files c l attachments

ATTACHMENT A
CASE NO. LV-2015-0187
Outfall Date
Parameter
e d Value-
Permit Limit
01 11/20/2014
BOD199
t g/l*
40.7 mg/I (Daily maximum)
01 11/ /2t11
Ammonia
28.1 /l*
21, 5 rag/l (Daily maximum)
001 11 /20/2014
Fecal Colifonn
9X8C/1 0 t l.*
400 CFU/10 t°td.(Daily maximum)
1 11/30/24014
Ammonia
I L 8 1- mg/l*"
Ala 3 mg/I(Monthly Average)
001 11/30/2014
TSS
55,25 mg,,,'l*
30 mg/l (Monthly Average)
Denotes etvtl penalty assessment
ComniScopejnc.
response to NOV-2015-1,V-0105
received on March 23, ` 01 was
reviewed by DWRstaff, Mitigating
factors were not found to result in a reduced civil
penalty amount.

F
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CATAWBA
IN THE MAYFER OF ASSESSMENT WAIVER OF RIG14T TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
COMMSCOPE, I`NC. STIPUI.,ATION OF FACTS
PERMIT 1 UMBERNC0034754
FILE NO. LV-2015­0187
Having been assessed civil penalties totaling $1296.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March, 9, 2015, the undersigned,
desiringto 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 rentission of
this civil penalty most be submitted to the Director of the Division of Water Resources ithin 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 2015

JUSTIFICATION FOR REMISSION, REQUEST
DWR Case Number: LV-2015-0187
Assessed Party: CommScope, Inc.
County: Catawba
Permit Number: NCO034754
Amount Assessed: $1296.97
Please use this form when requesting remission of this civil penalty. You must also complete the
".R.eatnest For Remission, 1,11diver of Right to an Administrative Learin , and Stipulation o 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 at request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the atuount 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 follo"ing 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 nenaltv assess nt factors in N.C.G.S, 143B-282,.j(bl were
—
wrcazaafully atrr lied to the detrrr tent of the petrt�waner
(the assessment fiietors are listed
in the civil penally assessment document);
(b) the
violation (i.e., explain the steps, thatyou took to correct the violation andprevent
./ature occurrences);
(c) the violation was inadvertent or a result of an accident i.e.,(explain wky the violation
was unavoidable or something too could not prevent or preparef6r);
(d) the violator had not been assessed civil reudlties for anjTrevious violations;
(e) payment of the civil penalty wrill prevent payment for the remaining necessars, remedial
actions (i, e., explain how ptD,,ment of the civil penalty 1vill prevent you ' -)m per rmg
jrt fib in
the activities necessaty to achieve compliance).
EXPLANATION: (use additionalpagass as necessai~y)

Violator: COMMSCODe. Inc.
Facility: Comm.S�coe W�WTP�.
County: Catawba
Case Number: LV-2015-0187
Permit Number: NCO034754
1) The'degree and extent of harm to the natural resources of the State, tothe public health, or to
private property resulting from the violation;
No harm has been documented; however, the facility exceeded the daily maximum BOD and fecal.
coliform pen -nit limits for three weeks in. May 2014. In addition, the facility exceeded the monthly
average permit limits for I , fecal coliform, and TSS for Mky 2014.
2) The duration and gravity of the violation;
The BOD daily maximum of limit violation exceeded the permit limit by 388.9%. The ammonia
daily maximum effluent limit violation exceeded the permit limit by 30.7%. The fecal coliform daily
maximum effluent limit violation exceeded the permit limit by 1302%. The TSS daily maximum
effluent limit violation exceeded the permit limit by 440.8% The BOD monthly average permit limit
was exceeded by79.9%, the monthly ammonia average permit limit was exceeded by 174.7%, and the
monthly average TSS was exceeded by 84.2% during the month of November 2014.
The effect on the receiving stream is unknown. "BOD is an oxygen-consurning waste and therefore
increased concentrations could reduce the amount of oxygen available to aquatic organisms. Fecal
coliform is an indicator species for possible pathogens and increased levels can signal human, health
hazards. Increased suspended solids (turbidity) increase the water temperature, thus reducing the
amount of oxygen in water harming aquatic life, They also reduce the amount of natural sunlight that
penetrates through the water, further decreasing oxygen production and photosynthesis. In addition,
high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and
smothering their eggs. Ammortia-mtrogen is treated as an in -stream, toxicant by the State of North
Carolina because ammonia is an oxygen -consuming waste and 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 money saved by noncompliance is unknown.

6) Whether the violation was committed willfully or intentionally; Iq
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 25 previous CPAs for the Co scope WWTP The last CPA was issued on
September 23, 2010 for Ammonia violation that occurred in June 2010.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97.
Dge Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

Violator: CommScope. Inc.
Facility: Con unScoDe WWTP
County: Catawba
Case Number: LV-2015-0187
Permit Number: NCO034754
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 hami. has been, documented; however, the facility exceeded the daily maximum BOD and fecal
coli-form permit limits for three weeks in May 2014, In addition, the facility exceeded the monthly
average permit limits for BOD, fecal coliforrn, and TSS for May 2014,
2) The duration and gravity of the violation;
The BOD daily maximum effluent limit violation exceeded the permit limit by 388.9%,'rhe ammonia
daily maximum effluent limit violation exceeded the permit limit by 30.7%. The fecal coliform daily
maximum of limit violation exceeded the permit limit by 130.2%.The TSS daily maximum
effluent limit violation exceeded the permit limit by 440.8%. The BOD monthly average permit limit
was exceeded by79.9%, the monthly ammonia average permit limit was exceeded by 174.7%, and the
monthly average TSS was exceeded by 84.2% during the month of November 2014.
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, Fecal
coliform is an indicator species for possible pathogens and increased levels can signal human health
hazards. Increased suspended solids (turbidity) increase the water temperature, thus reducing the
amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that
penetrates through the water, further decreasing oxygen production and photosynthesis. In addition,
high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and
smothering their eggs, Ammonia -nitrogen is treated as an in -stream toxicant by the State of North
Carolinabecause ammonia is an oxygen -consuming waste and 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 money saved by noncompliance is unknown.

) Whether the violation was committed willfully or intentionally)
The Division of eater Resources his no evidence that the violations were committed willfully or
intentionally.
7) The parlor record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 25 previous CPAs for the Commscope WWTP Tlast CPA was issued on
September 23, 20 10 for Arnmonia violation that occurred in Jame 2010.
8) The cost to the Mate of the enforcement procedures;
The cost to the Division of Water Resources is $146.97.
- q X" .0,17dr—
1 Michael L. Parker, regional Supervisor
Water Quality Regional tonal Operations Section
Division of Water resources, NCDENR