WQCS00222_Regional Office Historical File Pre 2018

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NCDENR
North Carolina Department of Environment and Natural Resources ,
Pat McCrory
Governor
February 19, 2015
CERTIFIED MAIL# 7010 0290 0000 4565 0885
RETURN RECEIPT REQUESTED
Mr. Tom Hart, Town Manager
P.O. Box 1014
Boiling Springs, NC 28017
Donald van der Vaart
Secretary
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking #: NOV-2015-DV-0033
Collection System Permit Number WQCS00222
Town of Boiling Springs
Cleveland County
Dear Mr. Hart:
A review has been conducted of the Town of Boiling Spring's self -reported sanitary sewer
overflows (SSOs) 5-day reports for the month of October 2014. This review has shown the Town
of Boiling Springs to be in violation of the requirements found in Collection System Permit
WQCS00222 and/or G.S. 143-215.1(a)(1). The violations that occurred during these months are
summarized in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent further
SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation (NOV)
and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based on the
volume released, the .volume reaching surface waters, the duration and gravity, the impacts to public
health, and if they caused a fish kill or recreational area closure. Other factors considered in
determining the amount of the civil penalty are the violator's history of spills, the cost of rectifying
the damage, whether the spill was intentional, and whether money was saved by non-compliance.
Be advised the G.S. 143-215-6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars($25,000.00), or twenty five thousand dollars ($25000.00) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G. S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that result from the unpermitted discharge.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone]/Customer Service 1-877-623-6748
Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Hart, Town of Boiling Springs
NOV-2015-DV-0033
February 19, 2015
Page 2
The SSOs noted in Attachment A under violation action as Proceed to NOV/NRE are the overflows
that the regional office has determined after review of the CS-SSO 5-day report that may result in a
civil penalty assessment.
If you wish to provide additional information regarding the identified SSOs, as to why these SSOs
do not meet the criteria listed in this letter for civil penalty assessment. Please respond in writing
within 20 days of receipt of this Notice. A review of your response will be considered along with
the information provided on the CS-SSO 5-day report. You will then be notified of any civil
penalties that may be assessed regarding these violations. If no response in received in. this Office
within the 20-day period, a civil penalty assessment may be prepared.
Thank you for your continued cooperation with the Division of Water Resources. If you have any
questions concerning this matter, please do not hesitate to contact Ms. Barbara Sifford or myself at
[phone].
Sincerely,
F
Michael L. Parker
Regional Supervisor
Water Quality Regional Operations
Mooresville Regional, Office-NCDENR
Enclosures: Attachment A
Cc: PERCS- Raleigh
MSC-1617-Central Files — Raleigh
Boiling Springs- Mike Gilbert- Public Works Director

ATTACHMENT A
Town of Boiling Springs
WQCS00222
OCTOBER 2014
Incident* Incident Start Incident Location 5 Day: Est 5 Day: Vol Violation Type
Date Total . Reach Surface
Volume Water
201401639 10/6/2014 415 West College 94,000 45,000 Discharge
Avenue without valid
permit
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North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
MEMORANDUM
TO: Daryl Merritt
FROM: Lon Snider
8
THROUGH: Rob Krebs
DATE: November 17, 2010
SUBJECT: Request for Remission of Civil Penalty Assessment
Collection System Permit Number WQCS00222
Town of Boiling Springs Collection System
Cleveland County
Case Number DV-2010-0074
Resources
Dee Freeman
Secretary
Staff with the MRO has reviewed the subject request for remission. The total amount of
wastewater that entered waters of the state was 50,000 gallons. The permittee has stated that they had
prior knowledge of a root problem in the line that overflowed and did not work out a procedure for
accessing the line. The MRO recommends this remission be denied.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: wvAu.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Ernplover— 50% RecycledilO% Post Consumer paper
Noi thCarolina
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DWQ — CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2010-0074 Region: Mooresville County: Cleveland
Assessed Entity: Town of Boiling Springs Permit: WQCS00222
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation;
The permittee did not state in the letter dated September 2, 2010 that they quickly abated the spill. The
overflow was 50,000 gallons.
® (c) Whether the violation was inadvertent or a result of an accident;
Boiling Springs stated knowledge of root problem in the line and did not make arrangements to access line for
cleaning during construction of apartment complex.
® (d) Whether the violator had been assessed civil penalties for any previous violations;
No other violations have been assessed to the Town in the past.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Regional Recommendation (Check One)
Request Denied ® Full Remission ❑ Partial Remission ❑
Central Office Recommendation (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑
Director's Decision (Check One)
Request Denied ❑ Full Remission ❑
Date
Partial Remission ❑ Amount Remitted $
Coleen H. Sullins, Director

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 7008 1140 0002 2716 2111
Mr. Zach Trogdon, Town Manager
Town of Boiling Springs
Post Office Box 1014
Boiling Springs, North Carolina 28017
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2010-DV-0166
Collection System Permit
Number WQCS00222
Town of Boiling Springs
Cleveland County
Dear Mr. Trogdon:
A review has been conducted of Town of Boiling Springs Public. Works' self reported
Sanitary Sewer Overflows (SSOs) 5-Day.Report(s) for March 2010. This review has shown.
Boiling Springs to be in violation of the requirements found in Collection System Permit
WQCS00222 and/or G.S. 143-215.1(a)(1). The violations that occurred during March 2010 are
summarized in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent
further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation
(NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based
on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, and recreational area closures. Other factors considered in determining the amount of the
civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the
spill was intentional, and whether money was saved by non-compliance.
Mooresville Regional Office
.Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org �'f���/���y�/,/
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper �/ C i� `vyJ

Mr. Zach Trogdon
NOV-2010-DV-0166 '
Page 2
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are
the overflows that the regional office has determined, after review of the CS-SSO 5-day report,
that may result in a civil penalty assessment. You have 20 days from receiving this Notice of
Violation letter to provide any additional justification for the identified SSOs as to why
these spills do not meet the criteria listed in this letter for civil penalty assessment.
If you have any questions regarding this policy please do not hesitate to contact Mr. Lon
Snider or myself at 704-663-1699.
Sincerely,
Marcia Allocco
Acting Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Attachments
Cc: PERCS Files
ORC- Chad Conner

Attachment A
Town of Boiling Springs
March 2010
Permit 4 Location Incident 11 . Start Date 24 Hour Gallons 5 Day Vol. Reaching NOV Case Violation Action Cause: Roots
Surface Water
WQCS00222 2556 Rockford Road 201001074 03/08/10 50000 40000 NOV-2010-DV-0166 Proceed to Yes
Enforcement
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Town of oilingSprings
P. . BOX 1014
BOILING SPRINGS, N.C. 28017
Telephone [phone]
Fax [phone]
April 23, 2010
Ms. Marcia Allocco APR 2 8 2010
Surface Water Protection Section
Division of Water Quality
Mooresville Regional Office
610 East Center Ave. Suite 301
Mooresville, NC 28115
RE: NOV-2010-DV-0166
Dear Ms. Allocco:
This letter is in response to the Notice of Violation (NOV) we received April 14, 2010. The
NOV was issued due to a sanitary sewer overflow (SSO) of 50,000 gallons from the Town
system on March 8, 2010. Please allow me to explain a few of the circumstances surrounding
the overflow.
The SSO occurred on a section of a sewer main that we clean annually with our jet machine.
However, during 2009 an apartment complex was being constructed near that section of line.
This construction necessitated detention ponds to be temporarily constructed in close proximity
to the sewer easement. In addition, a retaining wall had to be built adjacent to the sewer main.
These activities prohibited us from routinely accessing that section of sewer line with our jet
machine. We did not foresee on a temporary basis that this would present a problem. One final
contributing factor is that the section of line involved is located in proximity to a stream and with
the excessive rainfall the latter half of 2009 it was virtually impossible to access with any
equipment.
We are currently putting together cost estimates to replace the section of line where the SSO
occurred. We anticipate having this done by June 1, 2010. The section of line in question has
been cleared of any obstructions in the meantime so there will no problems.
The Town of Boiling Springs is committed to preventing all SSOs with an aggressive program of
sewer line cleaning and replacement where needed. This letter provides an account of the
extenuating circumstances that contributed to the overflow that occurred on March 8, 2010. Our
wastewater crews responded promptly to the overflow and were able to prevent any negative
environmental impacts. The Town is taking what it feels to be responsible and corrective action
to prevent future overflows.
Please call with any questions at 704-434-2357.

Sincerely,
Zach Trogdon
Town Manager
Cc: Terry Price
Mike Gibert

Town of Boiling Springs DIVISION ORECEIVED
F WATER QUALITY
P.O. BOX 1014
BOILING SPRINGS, N.C..28017
Telephone [phone]
Fax [phone]
September 2, 2010
Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
RE: Case No. DV- 2010 - 0074
Mr. Krebs:
SEP e 7 2010
SECTION
MOORESVI' LELREGIONAL OFFICE
This letter is in response to the civil fine of $750 issued to the Town on August 3, 2010.
The fine was issued due to a sanitary sewer overflow (SSO) of 50,000 gallons on March
8, 2010. I am writing to ask for a remission of the fine based on circumstances detailed
below.
The SSO occurred on a section of sewer main that we cleaned annually with our jet
machine. We were aware that there was some root intrusion on that section of line, but
that cleaning it on such a frequent basis was in compliance with our permit. However,
during 2009 an apartment complex was being constructed near that section of line. This
construction necessitated detention ponds to be temporarily constructed in close
proximity to the sewer easement. This activity prohibited us from routinely accessing
that section of sewer line with our jet machine. We did not foresee that on a temporary
basis that this would present a problem. Please find enclosed an illustration of where the
detention ponds were located in relation to our sanitary sewer easement. Town staff
would access the easement from the west and the manhole that overflowed was just out
of the picture to the east.
One final contributing factor is that the section of line involved is located in proximity to
a stream and with the excessive snow and rainfall the latter half of 2009 and into 2010, it
was virtually impossible to access with any of our jet -cleaning equipment due to soggy
conditions. Please find enclosed the rainfall data for the period of time surrounding the
spill.
In response to the SSO, the Town immediately took the necessary steps to ensure that
there would be no or minimal environmental damage. These included jet -cleaning the
line, collecting any debris along the stream, applying lime to the area of the spill, and
checking the pH up and down the stream. Finally, the Town has spent $13,575 replacing

the section of line where the SSO took place. Please find enclosed the proof of these
payments...
,
The Town believes that it acted in good faith to prevent the SSO that occurred on March
8, 2010. A particular set of circumstances prohibited the Town from carrying out its
fiorrnalprevention procedures, which resulted in the SSO. Also, the Town took timely
action and spent significant funds to repair the section of line where the SSO occurred.
For these reasons, the Town requests that the civil fine of $750 be remitted and that it
only be required to pay the enforcement costs of $91.88. Please call with any questions
at 704-434-2357.
Sincerely,
Zach Trogdon
Town Manager

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0074
Assessed Party: Town of Boiling Springs
County: Cleveland
Permit Number: WQCS00222
Amount Assessed: $841.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRight to an Administrative Hearin, 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 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 inN.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
x(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 future
occurrences);
X (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);
x (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penally 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)

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
TOWN OF BOILING SPRINGS ) STIPULATION OF FACTS
PERMIT NO. WQCS00222 )
FILE NO. DV-2010-0074
Having been assessed civil penalties totaling $841.88 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 30, 2010, 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 Quality 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 o� day of S �4 4 ^'� e� , 2010
ADDRESS
TELEPHONE
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Pay To 30~JOn-10 $10,300.00
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Check Date
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PO Date
AmtPoid
20093315 Remove & reset manhole
30Jun'10
$350.00 �
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znonnoso Replace sewer line
30Jun'10
$9.950.08 !
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Check Total:
$10,30000 ! i

Check Number:
Town .Of Boiling Springs 58708
- Three Thousand Two Hundred Seventy Five Dollars and No Cents Dollars
I
Invoice PO Date Amt Paid
271 Tree removal per 5-6-2010 quote 1390 04-Jun-10 $3,275.00
Tree removal per 5-6-2010 quote
Check Total: $3,275.00

North
Beverly Eaves Perdue
Governor
NCDENR
Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 22, 2011
ZACH TROGDON
TOWN OF BOILING SPRINGS
PO BOX 1014
BOILING SPRINGS NC 28017
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Boiling Springs Collection System
Permit Number: WQCS00222
Case Number: DV-2010-0074
Cleveland County
Dear Mr. Trogdon:
Dee Freeman
Secretary
RECEIVED
DIVISION OF WATER QUALITY
AUG go 0 2011
SVJP SECTdON
MOORESVILLE REGIONAL OFFICE
This letter is to acknowledge receipt of check number 59767 in the amount of $466.88 received from you dated
August 4, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and
this case has been closed. Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Daryl Merritt at 919-807-6307.
cc: Central Filees
1I'WT1c►oresvi1ll Regional Office Super 'sor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: 91M07-64921 Customer Service:1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org y�
An Equal Opportunityl Affirmative Action Employer Naturally

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 25, 2011 DIVIsIo"a :,: ,; QUALITY
CERTIFIED MAIL A U u- 3 2011
RETURN RECEIPT REQUESTED
iVi00RuViLL">' iir 6,s;GNIAL OFFICE
Zach Trogdon, Manager Town
Town of Boiling Springs
PO Box 1014
Boiling Springs, NC 28017
Subject: Request for Remission of Civil Penalty
Town of Boiling Springs
Case Number: DV-2010-0074
Permit Number: WQCS00222
Cleveland County
Dear Zach Trogden:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and
remitted $375.00 of the $841.88 civil penalty assessment. The revised civil penalty is therefore a total amount
of $466.88, which includes $91.88 in investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of:
Pretreatment, Emergency Response, Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Ka

• Town of Boiling Springs
Case No. DV-2010-0074
Cleveland
Page 2 of 2.
2) You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency.
decision.
If you or.your representative would like to. speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty -(30) calendar days of receipt of this letter. Send
the completed form to:
Pretreatment, Emergency Response, Collection •Systems Unit
-Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if you
make the request). If the Chairman determines that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Daryl Merritt at.
[phone].
Sincerely,
Daryl Merritt
Attachments
cc: IVlooresuilHesReglo'" Sect" do Supervisor
Central Files
PERCS Enforcement Files

DIVISION OF WATER QUALITY .
CIVIL PENALTY REMISSION FACTORS
Case Numbers LM-2009-0005. Region:. Mooresville :County: Gaston
Assessed Entity: Town of Spencer Mountain WWTP Permit: NC0020966
❑ (a) Whetheone or more of the civil penalty assessment factors were wrongly applied to the
r
detriment of the petitioner:
®. (b)' Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The permittee did not state in the letter dated September 2, 2010 that they quickly abated the spill. The
overflow was 50,000 gallons: .
® (c) Whether the violation was inadvertent -or a result of an accident:
Boiling Springs stated knowledge of root problem in the line and did not make arrangements to access
line for cleaning during construction of apartment complex.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
No other violations have been assessed to the Town in the past.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑Retain Enforcement Costs? Yes El No ❑
Partial Remissionlr3 $ •%`i (Enter Amount)
4/1 di
Cot(een H. Su ins Date
rev 1.0 — 8.31.09

STATE OF NORTH CAROLINA ENVIRONMENTAL. MANAGEMENT_ COMMISSION
COUNTY OF Cleveland .: D WQ Case Number DV-2010-0074
IN THE MATTER OF ASSESSMENT ) REQUEST FOR ORAL PRESENTATION
OF CIVIL PENALTIES AGAINST: )
Town of Boiling Springs )
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 maybe 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 in original remission requesi, 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 la ers 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.ccm/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 or presentation, please make sure that signatures on.the previously submitted Remission Request form
and this Oral Presentation Request form are: 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.. .
day of ; 20
.This the Y
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE l )

a
WDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Laves Perdue Coleen H. Sullins
Governor Director
MEMORANDUM
TO: Daryl Merritt
FROM: Lon Snider
THROUGH: Rob Krebs
DATE: November 17, 2010
SUBJECT: Request for Remission of Civil Penalty Assessment
Collection System Permit Number WQCS00222
Town of Boiling Springs Collection System
Cleveland County
Case dumber DV-2010-0074
Resources
Dee Freeman
Secretary
Staff with the MRO has reviewed the subject request for remission. The total amount of
wastewater that entered waters of the state was 50,000 gallons. The permittee has stated that they had
prior knowledge of a root problem in the line that overflowed and did not work out a procedure for
accessing the line. The MRO recommends this remission be denied.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
One
NorthCwolina
atimally
An Equal Opportunity'. Affirmative Action Emplover — 50% Recycledil0% Post Consumer paper

Case Number: DV-2010-0074
DWQ — CIVIL PENALTY REMISSION FACTORS
Region: Mooresville County: Cleveland
Assessed Entity: Town of Boiling Springs Permit: WQCS00222
❑ (a) Whether one or mote of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation;
The permittee did not state in the letter dated September 2, 2010 that they quickly abated the spill. The
overflow was 50,000 gallons.
® (c) Whether the violation was inadvertent or a result of an accident;
Boiling Springs stated knowledge of root problem in the line and did not make arrangements to access line for
cleaning during construction of apartment complex.
® (d) Whether the violator had been assessed .civil penalties for any previous violations;
No other violations have been assessed to the Town in the past.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Regional Recommendation (Check One)
Request Denied ® Full Remission ❑ Partial Remission ❑
Central Office Recommendation (Check One)
RAni iact I1aniPH n Full Remission ❑ Partial Remission ❑
Director's Decision (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted $
Date
Coleen H. Sullins, Director

r
4f '
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 30, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1140 0002 2716 2371
Mr. Zach Trogdon, Town Manager
Town of Boiling Springs
Post Office Box 1014
Boiling Springs, North Carolina 28017
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute (G.S.)
143-215.1(a)(1) and Collection System Permit No.
WQCS60222
Town of Boiling Springs Collection System
Cleveland County
Case No. DV- 2010-0074
Dear Mr. Trogdon:
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $841.88 ($750.00 civil penalty + $91.88 enforcement costs) against the Town of Boiling
Springs.
This assessment is based upon the following facts: A review has been conducted of the
Collection System Sanitary Sewer Overflow Report(s). (CS-SSO) for March 2010. This review
has shown the subject collection system to be in violation of the requirements found in
Collection System Permit No. WQCS00222. The violation(s) that occurred are summarized in
Attachment A to this letter.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org 'J0'}��� J�� /�, ,
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper v �/ L d J

Based upon the above facts, I conclude as a matter of law that the Town of Boiling
Springs violated the terms, conditions, or requirements of Collection System Permit No.
WQCS00222 and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and
extent shown in Attachment A. A civil penalty may be assessed against any person who violates
the terms, conditions, or requirements of a permit 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 Quality, I, Robert B. Krebs, Division of Water Quality
Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the
following civil penalty assessment against the Town of Boiling Springs:
$ 750.00 For 1 of the one (1) violation of G.S. 143-215.1
and 15A NCAC 2T .0403, by discharging waste into
the waters of the State without a permit for DWQ
Incident No.201001074, which occurred on March 8,
2010.
$ 750.00
9-
TOTAL CIVIL PENALTY
Enforcement costs.
$ 841.88 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-
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 violations;
(2) The duration and gravity of the violations;
(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 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:
1. 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 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:
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W
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 Quality at the address listed below. In
detennining 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. 14313-
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 evidence presented in support of your request for remission

must be submitted in writing. The Director of the Division of Water, Quality 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
"Request for Remission of Civil Penalties, 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 Quality also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
m.
3. 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

r
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 DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
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, please contact Lon Snider at [phone].
(D te) Ro"Fiert B. Krebs
�i Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
PERCS Unit Enforcement File w/ attachments
Central Files w/ attachments
rb/ls

S
STATE OF NORTH CAROLNA
COUNTY OF CLEVELAND
N THE MATTER OF ASSESSMENT_
OF CIVIL PENALTY AGAINST
TOWN OF BOILING SPRINGS
PERMIT NO. WQCS00222
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2010-0074
Having been assessed civil penalties totaling $841.88 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 30, 2010, 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 Quality 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 , 2010
BY
ADDRESS
TELEPHONE

f
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0074
Assessed Party: Town of Boiling Springs
County: Cleveland
Permit Number: WQCS00222
Amount Assessed: $841.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRight to an Administrative Hearing and Stipulation ofFacts"
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. 143B-282.1(b) were
wrongfully 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 future
occurrences);
(c) the violation was inadvertent or d 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 andprevious violations; .
(e) payment of the civil penally 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)

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POSTAL SERVICE First -Class Mail
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USPS
Permit No. 13-10�
r: Please print your name, address, and ZIP+4 in this box •
SURFACE WATER PROTECTION t
610 EAST CENTER AVE
SUITE 301 J
MOORESVILLE NC 28115
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1111711111111111 III 111111!}i1111111f1III III 11111111111111111.11

Attachment A
Town of Boiling Springs
March 2010
Permit # Location Incident # Start Date 24 Hour Gallons 5 Day Vol. Reaching
Surface Water
WQCS00222 2556 Rockford Road 201001074 03/08/10 .50000 40000
NOV Case
DV-2010-0074
Violation Action Cause: Roots
Proceed to Yes
Enforcement

(M� )(2.010)
Violator:
NOV #:
ID C l Coto
NCDENR - Division of Water Quality
Surface Water Protection Section
Sanitary Sewer Overflow Penalty Matrix
Enforcement Case #: qj —ZaIO-- CA� -7Lf
Assessor: i�- k«5j
Date: IZC.
SSO Date:
3(8jco
Incident #:
Zo I C�0% 0q4
ASSESSMENT FACTORS G.S. 143B-282.1(b)
1. Harm:
(f
z
2. Duration and Gravity of the Violation
40�000
�{
3. Effect on Water Quantity or Quality:
G�
4. Cost of Rectifying Damage:
4A l.-_.
5. Amount saved by Noncompliance:
/L..-
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
6
PENALTY AMOUNT:
15
Comments: (�e��
SSO Penalty Matrix 1_31_08

Beverly Eaves Perdue
Governor
APIWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director. Secretary
July 18, 2011 I RECEIVED
DIVISION OF WATER, QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Zach Trogdon, Manager Town
Town of Boiling Springs
PO Box 1014
Boiling Springs, NC 28017
Subject:
Dear Zach Trogdon:
Request for Remission of Civil Penalty
Town of Boiling Springs
Case Number: DV-2010-0074
Permit Number: WQCS00222
Cleveland County
JUL 2 6 2011
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and did not
find grounds to modify the civil penalty assessment of $841.88. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of:
Pretreatment, Emergency Response, Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617

f � �
Town of Boiling Springs
Case No. DV-2010-0074
Cleveland
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC). Committee on Civil Penalty,
Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for .
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency
decision..
If you or youf representative would like to speak before the .Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send
the completed form to:
Pretreatment, Emergency Response, Collection, Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
The EMC Chairman will -review the supporting documents and your request for an oral presentation (if you
make the request). If the Chairman determines that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not ,required, the final
decision will be based upon the written record.
Thank you foryourcooperation in this matter.. If you have any questions, please contact Daryl Merritt at
(919) 807=6307.
Sincerely,
Daryl Merritt
Attachments
c: ooresviil!1 Regional-S Section Supervisor
PERCS Enforcement Files
DWQ Central Files

DIVISION OF WATER QUALITY .
CIVIL PENALTY REMISSION FACTORS
Case Numbers LM-2009-0005 Region:. Mooresville County: Gaston
Assessed Entity: Town of Spencer Mountain WWTP Permit: NC0020966
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The permittee did not state in the letter dated September 2, 2010 that they quickly abated the spill. The
overflow was 50,000 gallons:
® (c) Whether the violation was inadvertent or a result of an accident: .
Boiling Springs stated knowledge of root problem in the line and did not make arrangements to access
line for cleaning during construction of apartment complex
® (d) Whether the violator had been assessed civil penalties for any previous violations:
No other violations have been assessed to the Town in the past.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission . ❑ tain Enforcement _Costs? Yes ❑ No ❑
Partial Remission $ (Enter Amount)
�V
+r Co een H. Su ins Date
rev 1.0 — 8..31.09

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Cleveland DWQ Case Number DV-2010-0074
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL. PRESENTATION
Town of Boiling Springs )
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
Bar's Opinion on the unauthorized practice of law.
meeting in order to avoid violating the State
• 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