NC0032662_Enforcement_20170131

ROY COOPER
MICHAEL S. RECIAN
S. JAY ZIMMERMAN
Water Resources
LNvIrzoNmENT C,;UALfl—F.
September 26, 2017
Mr. Warren -Wood, City Manager
City of Hickory
PO Box 398
i ckory, NC
SUBJECT:
28601-0398
Payment Acknowledgment
Civil Penalty Assessment
Hickory Collection System
Catawba County
Permit No. WQCS00020
DV-2017-0052
Dear Mr. Wood,
This letter is to acknowledge receipt of check No.. 312086 ,in the amount of $370.36 received
from you dated 9/7/2017,. This payment satisfies in ,full the civil assessment levied against the
subject facility and this casehas been closed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable statutes, regulations, or .perinits.
If you have any questions, please call Steve Lewis at 919-807-6308.
Sincere!
. Jay Zimmerman, P.G.
irector, Division of Water Resources
cc: Enforcement File DV-2017-0052
Corey Basinger, Mooresville Regional Of iceSupervisor
Lon Snider, MR()
Central Files
Sm.te oftiottli Carolina Frovironmems1 (),aiity I Water Resources
16171..vta0 Service Cutler Raleih, NOirth Catolf.na 27699-1.617
919 707 9000

ROY COOPER
cownor
MICHAEL S. REGAN -
Sem:fary
S. JAY ZIMMERMAN
Oirvetor
Certified Mail #7015 1520 0002 6878 2394
Return Receipt Requested
Januar 31, 2017
Catherine Renbarger, City Manager
City of Claremont
PO Box 446
Claremont, NC 28610
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G,S.) 143-2.15.1(a)(6)
and NPDES WW Permit No. NC0032662
City of Claremont
North WWTP
Case No. LV-2017-0052
Catawba County
Dear Ivls. Renbarger:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 601.00 (500.00 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 September 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, NC0032662. The
violations, which occurred in September 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I: conclude as a matter of law that City of Claremont violated the terms, conditions or
requirements of NPDES WW Permit No. NC0032662 and G.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. 143-215.1(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, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of
Claremont;
State of North Carolina Environmental Quality { Water Resources
640 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$500.00 1 of the 1 violations of 143-2:15.1(a)(6) and Permit No.NC0032662, by discharging waste water
the waters of the State in violation of the Permit Monthly Average for TSS -.Conc.
$500.00 TOTAL CIVIL PENALTY
$10 l .00 Enforcement Costs
$601.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount ofthe penalty 1 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) 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;
(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 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 penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
/ rrn). 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 27699-1.617 .

Pr 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 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 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 143B-282.1(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 inform you of his decision in the matter of
your remission request. The response will provide details regarding the 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 "Request thr R *ssion of Civil Penalti s
Waiver of Right to an Administrative Hearing, and Stipulation Facts" form within th. 0) days of eipLoLthis
notice. The Division of Water Resources also re uests that ou and suenclosed "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

Option 3: File a petition for an administrative hearing with the Office of Administrative Ellearings:
If you. wish to contest any statement in the attached assessmentdocument 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 Offiee-of Administrative Hearings within thirty (30) days of receipt of this nertiee. 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 mai.I 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 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 DEQ as follows:
IVIr. 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) d.ays 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 he 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 wes.belE&ncdentgov.
Si.ncerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
A.TTACITMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit Enforcement File

JUSTIFICATION FOR REISION RE ?11 ST
Case Number: LV-2017-0052
Assessed Party: City of Claremont
Permit No.: NC0032662
County: Catawba
Amount Assessed: 601.00
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.G.S. § 143B-282.1(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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors re 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, ure occurrences);
(c) 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 performing the activities necessary to achieve
compliance).
XPANATI©N:

STATE OF NORTH CAROLINA
COUNTY OF CATAWBA
IN THE TTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Claremont
North WAVTP
PERMIT N. NC0032662
)
)
)
)
)
)
)
DEPARTMENT OF ENVIRONMENTAL QUALITY
W ER OF RIGHT TO AN
ADMINISTRATIVE G AND
STIPULATION OF FACTS
CASE NO. TV-2017
Having been assessed civil penalties totaling $601.00 for violation(s) as set forth in the assessment doctunent ofthe Division
of Water Resources dated ban 31 2017, the undersigned, desiring to seek remission of the civil penalty, 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 thirty (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 20
ADDRESS
SIGNATURE
TEL

PERMIT: NC0032662
FACILITY North TR
Ili" VIOLATION(S)
A ACH ENT A
City of Claremont
CASE NUMBER: V- 7-0052
0
SAMPLE LOCATION: Outten 001 ® Effluent
Violation Report
MonthfYr Pram
Frequency
Unit of
�eaaure
REGION: Mooresvil
COUNTY: Catawba
Li anit aluula,ed % Over Violation
Value Value t.nit Type;
/2016 - 16 Solids, Total
Suspended y
Concentration
ekly'
30 76, 0 155.6
Monthly
Average
Exceeded
Penalty
Amount
00,

CITY��N7��/ ���7��U ������
���' �~���mmm��������`
Shawn R. Brown
Mayor
]anuary24,2817
Mr, Wes BeN
NCDENH'MROWater Quality Regional Operations Section
61OEast Center 4ve,Suite 3O1
Mooresville, NC 28I15
ReNOV/NKE—Trocking #:NOV'2017-LV-OOl7
North VVUVTP(N[003IO62)
Dear Mr. Bell;
,�
m
CatberiueRen8mrQor
City Manager
The purpose ofthis correspondence is torespond tothe NOV/NREdated January 12.2017regarding the
September ZO16Daily Monitoring Self -Report for The City ofClaremont North VVNJTF. The North VVVVTF
experienced amonthly exceedancefor TS�Sduring September 2OI6.
The week of September 27, 2016, The City of Claremont North Plant received a foreign substance that
had ill effects omthe performance ofthe facility. City staff explored the Collection System tofind the
source ofthe, discharge but were unsuccessful. Additional testing was preformed and the facility
recovered quickly and has returned to compliance since. We continue to he proactive and sample the
Collection System for any foreign substance but to date none has been detected,
The City nfClaremont and City of Hickory sincerely appreciate the cooperation and assistance that has
been extended bwthe NCDENR'MRDduring this period. Should you have any questions orconcerns
regarding this response please do not hesitate contacting myself or Mr. Kevin 8, Greer, PE with the City
of Hickory at 828-323-7427 or via email at t<greer@hiCkorvnc,g9v,
Respectfully Submitted;
u
\~
Mrs. Catherine RenbarBer
City of Claremont City Manager
PC: Kevin B.Greer, PE, City VfHickory
M.Shawn Pennell, OR[,City ofHickory
Tom Winkler, City of Claremont
828-466-7255 Ctt/84m0'820-406-7185 Fax

PMR Review Record
Facility: einitt No.: A/c4O Pipe No.:
Monthly Average Violatione
Parameter Permit Limit DIA Value
Month/Year _
WeeklylDaity Violations
Date Parameter Permit Umt Limit Type DMR Value % Over Limit Action
Monitoring Frequency Violations
Dee Paramete Pe it Frequency Values Reported # of Violations Action
Other ViolationelStaff Remarks: 6:1r-xe 3
- - -r,55 w ; C L Lv-
9 —? Ivi rei rn pi —,› ifil(1 — 16
e
IV
69(15cl
Supervisor Remarks
Completed by:
Assistant Regional
Supervisor Sign Off:
Date:
Date:
Regional Supervisor Sign
Off:

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Claremont
Facility Name: North WWTP
Permit Number: NC0032662
County: Catawba
Case Number: LV-2017-0052
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;
74)
2) The duration and gravity of the violation;
v-. J
3) Theeffect on ground or surface water quantity or quality or
4) The host of rectifying the damage;
5) The amount of money saved by noneompliance;
6) Whether the violation was committed willfully or intentionally;
-fi
air quality;
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 — BOD (WAV & MAV) — Case #: LV-2013-0109;
10/2014 — failed toxicity — NOV-2014-TX-0062;
1/2015 — BOD WAV — Case #: LV-2015-0200;
2/2015 — BOD (WAV & MAV) and TSS MAV — Case #: LV-2015-0204;
10/2015 — WAVs (BOD, TSS) and MAV (TSS) — Case #:LV-2016-0059;.
9/16 — MAV (ammonia) — NOD-2016-LV-0089;
8) The cost to the State of the e
$101.00
0
ent procedures.
Enforcement Cost:
1 hour staff time..
1 hour supervisor time........,...
Administrative staff cost.........
Total Enforcement Cost
$ 33.44
52.56
15.00
101.00

W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources NCDEQ