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Home My WebLink AboutWQCS00036_Enforcement_20100407a. VLL -jov" 70A.;t NCDENR North Carolina Department of Environment and Naturai Resources Division of Water Quality Beverly Eaves Perdue leen H. Sullins G� Freeman Governor Director Secretary 701140 111111 710 1992 Mr, Dennis Fells, Water resources Director City of Kings Mountain 101 3 rN Pie nurrnt: Avenue King,-, Mountain-, North Carolina 28086 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute (1 -S) 14 3-215. I lal(l ) and Collection Systern Permit No, WQCS00036 City of Kings Mountain Collection System Cleveland County Case No, D - 01fi-002)2 Dear Mr. Wells - This letter transtrrits a Notice, of Violation and assessment ent of civil penalty in the arnou r of 1.8 ($40 0 Civil penalty + 1.88 enforcement costs) awgainst the City of Kings Mountain. This assessment is based upon the following facts: A review, has been conducted of the Collection System Sanitary Sewer Overflow Report(s) ( S-` Sty) forr J nurary 2010. This review has shown the subject collection systern to be in violation of the requirements fioutnul in Collection System Permit No. QC:' t OO-')6a. The violation(s) that occurred are summarized in ttachi ent A to this letter. ttrooresviHe Regional ffice 1 ouat6m 610 East Cprter Ave,, suite 301 rvlcouresvi4&e, NG 28115 Phan (704) 663 16 9 1, Fax, (704) 63-604 ', ustomef° Kvice1-877623 674 Internet. vruvvw. �s� #y.cr An Equal ppa� tu€ ty Afro �,,;ative Act] Crrjplsye50% Recydedr tO% Post Com,,rner paper One t rtliCarattit-tt i ,$ Based upon the above facts, I conclude as a matter of hnv that the City of Kings Mountain violated the terms, conditions, or requirements of Collection System Permit No. WQCS000.36 and North Carolina General Statute (G.S.) 14' 3-2115). 1( 1 a)(1) in the manner and extent shown in ALtachnient A, A civil;penalty rnay be assessed against any person who violates the terms, conditions, or requirements of a permit in accordance vsitli the maxinrums 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, 1. Robert B. Krebs, Division of Water Qualitv Surface Water Protection Regional Supervisor for the Mooresville Reg I ion, hereby make the following civil Penalty assessnierit against the City otKin gs Mountain: 400.00 For 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,2010004.3 )0 which occ tirred cart Ja rivary 291. 2 0 10 91.88 TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT IWE pursuant to G.S. 143-215,6A(c), in determining the arnount of the penalty I have taken into account the Findings of Factalid Conclusions of l.mv and the ffactors set forth at G.S143B- 2 8 2 : I (b), which. are: E (8) The degree and extent ofliarm to the natural resources of the State, to the public health,. or to private property resulting frorn the violations; The durationand gravity of the violations; The effect on ground or Surface water quantity of quality or on air quality; The cost of rectifying the damage, The amount of money saved by noncompliance-, Whether the violations were committed willfully or intentionally - The prior record of the violator in complying or failing ' w to comply ith pro grants over which the FTivirointrental Management Commission has regulatory, authority; and The cost to the Suite of the enforcement procedures, Within thirtV days of receipt of this notice, you must do acre of the following, Submit payment of the penalty - payment should be made directly to the order of the Department of Frivironment and Natural Resources (do, not include waiver ,tear?,t). Payment of the penalty will riot foreclose fur -w, violation(s). tiler enforcement action any continuiIn or ne, g Please submit payment to the attention of Daryl :Merritt PERCS Unit Division cif hater Quality. 1617 Nlail Sen,,ice Center Raleigii, --Ncath Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission islimited to consideration of the five factors listed below as they may relate to the reasonableness ofthe arnount of the penalty assessed. Requesting remission is not the proper procedure for contesting Nvhether 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 niust 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, eQuality at the address listed below. In and submit it to the Division of Warer determining whether a remission request will be approved, the following factors shall, be considered; (1) whether one or more of the civil penalty, assessment factors in G,S. 1431113- 281 l(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptlyabated continuing environmental darnage resulting from the violation, (3) whether the violation was inadvertent or as result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payinent ofthe 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 pro,%Idde details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental lv,Emagement Commission's Committee on Civil Penalty Remissions (Continittee). Please be advised that the Committee can, not consider information that ,vas not part of the original remission request considered by the Director, Therefore, it is ven, 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 Flearing, 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 fomis 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. C e nter Avenue, Suite 3 01 Mooresville, North Carolina 28115 File a petition for an administrative bearing with the Office of Administrative Hearings: ff you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You, may obtain the petitionform 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 Heai-ings accepts filings Monday through Friday between the hours of 8,00 a.rn, and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail b� an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if afiling fee is required by NCGS § 15013-23.2) 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 1-learings 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 followvs Of ice of Administrative Hearings 6714 Mail Service Center aleih, NC 279_71 Tel; 19) 31-3)00 ' Fax (919) 3I-3100 One l) copy of the petition must also be served on I ENE as follows - Mary Periny Thompson, General Counsel DENNR 1601 Mail Service Center Ialeih 'iC; 37-11 Failure to exercise one of the options above ,within, thirty (3) days of receipt of this notice, as evidenced bvan internal date/time received sty p (riot 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 (704) 3-1 . (late) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of; Water Quality ATTACHNENTT CC" Water Quality regional Supervisor w/ attachments PERCS Unit Enforcement Hew/ attachments Central Files Nv/ attachments rb,"Is STATE OF NORTH C.AROLINA DEPARTMENT OF ENVIRONMENT AND NATUR--'kL RESOURCES COUNTY OF CLEVELAND fN THE MATTER OF ASSESS\1ENT WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING ANTD CITY OF KINGS NIOU',,\TAf.\,' STIPULATION OF FACTS PERMIT -NO. N'QCS00036 FILE NO. DV-20 10-0032 Having been assessed civil penalties totaling $491.88 for violation(s) as set forth in the assessment document of the Division of Water Quality, datedAprij 7.2010 the UlldeTSigried, 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 froni the receipt of the, notice of assessment. This the day of BY TELEPHONE JUSTIFICATION FOR REMISSIONffQUE-ST DWQ Case Number: DV-2010-0032 Assessed,Party: City of Kings Mountain County: Cleveland Permit Number: WQCS00036 Amount Assessed. $491-88 Please use this form when requesting remission of this civil penalty, You must also complete the 11 of& s" 1 L — �-�z _ 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- § 14313-282. 1 (c), remission of a civil penalty may be granted only vwhen 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 -vvIly the factor applies (attach additional pacres as needed). (a) one or more of the civil p alt r,qssessrrient factors in N,C.G.S. 14313-28 -1 bl rvare -ictors are listed in the civil Lrgn f-gll ap ie,4 to the detrin rat of the Lj -iLL -pL— -- ig p sessment c q tioner (?he as fi penalty assessment documen�), N the-yJoU!Ltou LorriRL- Iv abated continuing environmental damage resulting frotia the , -- — --n --- violaton (i.e,, explain the stops that j.,ou took to correct the violation and Iarevent fu.,ture occurrences),- --- (c) the violation was inadvertent. or a result of an accident (i. e., explain why the violation was unavoidable or sotnethingyou could notprevent orpreparef6r); (d) the violator had not been assessed civil pence ties for ations- (e) meat for the remaining neq,s an remedial actions(i.e,, eyplainhoiippq�,n7,entoj`the civil l,)enilli•,,i,,villpreie?,,flyozi n�cr the _fi,om perlb7-rni activities necessa?`y to achieve comp, EXPLANATION': (use addiiionalpages as necessary) 114 Attachment Kings s Mountain aii ction System January 201 I r I m ( au c O1j a r t°<rar; fl'a 24 1iatrrC'trrr,flarra 'e it Location Incide 4 Start Dale -- _, _ Reaching- k;rttarrc�mt�crad i r�� \ �aa�dskraara ��ar ra Is�Llonr ,rid �.�.._ mn i—m � �riltrr� I�rrr<rk`N r�aslt€:,t1 Iralrfl rat, nr gr fart 11) �aarfaee Wines rcc�tt t�s WQCS0003 Long Branch FPS 201000430 0112 /10 700 7000 DV-2010-003 Procee rto No Yes Yes 2010) NCDENR - Division of Water Quality Surface Water Protection Section Sanitary Sewer Overflow Penalty Matrix Violator: Assessor: (2- NOV #-a Date: