WQCS00312_DV-2019-0078_20191004

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Vl€ 1�, MICHAEL S. REGAN
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NORTH CAROLINA
Environmental Quality
October 4, 2019
CERTIFIED MAIL#7018 1830 0001 8036 9773
RETURN RECEIPT REQUESTED
Zeb Holden, City Manager
City of Archdale
P.O. Box 14068
Archdale,NC 27263
SUBJECT: CIVIL PENALTY REMISSION REQUEST
City of Archdale
Permit WQCS00312
Case DV-2019-0078
Randolph County
Dear Permittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of
$1,148.58($1,000 civil penalty plus $148.58 enforcement) to the total amount of$648.58 ($500.00 civil
penalty plus $148.58 enforcement).
Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead
address within thirty(30) days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,
which is comprised of members of the Environmental Management Commission. The Committee may
consider such requests and render final and binding decisions in these matters. You may argue your
request before the Committee, and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address
within thirty(30) days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice, Division staff will automatically place your case on the agenda
of a future Committee meeting.
Thank you for your cooperation in this matter. If you have any questions,please contact Melissa Abbott
at 919-707-3608 or [e-mail].
D E CO
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Sincerely,
19:(4/ " ' ''' flte-.
/ ,Linda Culpepper
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#: DV-2019-0078
WSRO Regional Office

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Randolph DWQ Case Number DV-2019-0078
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: C ) REQUEST FOR ORAL PRESENTATION
City of Archdale )
I 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. In making this request, I
assert that I understand all of the following statements:
• This request will be 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 and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because 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 individual, corporation,partnership or municipality, the.State Bar's Opinion affects how
you may proceed with your oral presentation.See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner 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 you must 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 Committee,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 violation of the State Bar occurs.
This the day of , 20 .
SIGNATURE TITLE (President, Owner,etc.)
ADDRESS
TELEPHONE L._i

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2019-0078 Region: WSRO County: Randolph
Assessed Entity: City of Archdale Permit:WQCS00312
0 (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The City attempted to minimize the overflow at the Weant Road pump station.
When the SSO occurred pump#3 was down for maintenance. Due to excessive I/I the 2 remaining
pumps were overwhelmed. During this event, staff responded and worked to get the third pump
running. Efforts proved ineffective and the SSO continued. Afterwards,the immediate area was
cleaned and hydrated lime was spread.All 3 pumps have undergone major repairs since the 1/24/2019
SSO with rental pumps brought in as back-ups. PM, service and repair and equipment rental costs
have exceeded line item budget in FY19 in the effort to prevent future SSOs
DWR Response:Concur,but permittee should have readily accessible and easily implementable
backup solution in case a failure of all three pumps occurs.
® (c) Whether the violation was inadvertent or a result of an accident: ,
Permittee States:The SSO incident was inadvertent due to saturated soil conditions at the time.
Pump 3 had been offline several times due to repairs,and Pump 1 and Pump 2 had been able to
handle the flow. Smoke testing has revealed more infiltration than previously known and the
saturated ground allowed more water to get into the system. Staff are currently aware that if Pump 3
is down, a backup option will need to be in place.A pump was brought onsite after this issue to avoid
future SSO's, and it still failed after implementation thus,resulting in another SSO.
DWR Response:Permittee needs to improve their backup plan.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:The City of Archdale Collection'System has not been assessed civil penalties for
any previous violations since 2010.
DWR Response:Acknowledged.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

DECISION(Check One)
Request Denied 0
Full Remission 0 Retain Enforcement Costs? Yes ❑ No❑
Original Penalty(without Enforcement Costs) $ /0'0 (enter amount)
Partial Remission % 5 0 or $ (amount remitted)
Subtotal $ 500
Retaining Enforcement Costs $ I'/$$o.
Total Revised Assessment $ _Q
• 0/it
Culpepper Date
Jr