WQCS00345_Enforcement_20130412

Pat McCrory
Governor
NCDENFt
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Chuck Wakild, P.E.
Director
John E. Skvaria, III
Secretary
April 12, 2013
CERTIFIED MAIL 7010 0290 0000 4565 1844
RETURN RECEIPT REQUESTED
Mr. Patrick Niland, Town Manager
Town of Wingate
P.O. Box 367
Wingate, NC 281.74
SUBJECT:
Dear Mr. Niland:
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. WQCS00345
Town of Wingate Collection System.
Union County
Case No. DV-201.3-001.5
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $604.67
($500.00 civil penalty + $104.67 enforcement costs) against the Town. of Wingate.
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 November 2012. This review has shown the subject
collection system to be in violation of the requirements found in Collection System Permit No,
WQCS00345. The violation(s) that occurred are summarized. in Attachment A to this letter.
Based upon the above facts, -I conclude as a matter of law that the Town of Wingateviolated the terms,
conditions, or requirements of Collection. System Permit No. WQCS00345 and North Carolina General
Statute (G.S.) 143-21.5,1.(a)(1) in the manner and extent shown in Attachment A.. A civil penalty may be
assessed against any person who violates the tern's, 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, Michael L. Parker, Division of Water Quality Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the 'following civil penalty assessment against the
Town of Wingate:
Mooresville Regional Office
Location: 610 East Conger Avei, Soilie 301 Moomsville, NC 28115
Phone i (704). 5E3-1E99 FaxFx iG4 603-80-10 Custoner Servicei 1-877-623-6748
intern et: httpiiir.iorta,ocdeniriorigrtvetAvg
One -
No :.Carolina
71',..7turfilitt

500.00
For lofthe one (01) violations 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 Nos. 201201840, which
occurred on November 09, 2012
500.00 TOTAL CIVIL PENALTY
104.67 Enforcement costs.
604.67 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215„6A(c), in determining the amount of the 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 hann 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
Envirmunental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources
(do not include waiver ibrm). 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
OR

2. Sub'mit a written request for remission including a detailed justification for such request:
Please be aware that a request for renri.ssion 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 determining whether a
remission request will be approved, the following factors shall be considered.:
whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from the
violation;
whether the violation was inadvertent or a result of an accident;
whether the violator had been assessed civil penalties for any previous violations; or
whether payrnent 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.
r .
irty (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
161.7 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Michael L Parker, Regional Supervisor
Surface Water Protection Section
61.0 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115

e 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 nomial 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 tiling 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 ofAdministrative Hearings with all questions regarding the
tiling fee andlor 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 27699-671.4
Tel: [phone]
Fax: [phone]
One (1) copy of the p fition must also be served on DEN.R as 'follow's:
Mr. Lacy Presn 1.1, General Counsel
DFNR
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].
Michael L. Parker
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
AIL ,CHMENTS
cc: Water Quality Regional Supervisor w/ attachments
PERCS Unit Enforcement File w/ attachments
Central Files wl attachments

Fr -STATE: OF NORTII
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTY AGAINST
TOWN OF WINGATE
PERMIT NO, WQCS00345
DEPARTMENT' OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE N Y-2013-0015
.Having been assessed civil penalties totaling $604.67 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated April 12, 2013 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, 'Fhe 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
ADDRESS
TELEPI IONE
13Y
2013

JUST CATION FOR RREQUEST
DWQ Case Nurnber: f_)V-2013-0015
Assessed Party: Town of Wingate
County: Union
Permit Number: WQCS00345
Amount Assessed: $604.67
Please use this tone when requesting remission of this civil penalty. You must also complete the "Request
For Re iris :c n, if`<frx:4cr c1f Right tt ctn Admire , r tt r lfearznz, ancI_.5'tpulat on cif J rats ' ((bun to request
remission of tltis 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 .C;.S. § 14313-282.1(c, remission of a
civil penalty may be granted only when one or more of the following five factors applies. Plc as : check each
factor that you believe applies to your case and provide a detailed explanation, irrclud.ing copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
(a) or m
w t t fully applied tta the d trirnent cif
assessment documer
the civil penalty assessr
e
er (the assessment
in N.C.G.S. 143
(b) the v o tpr prornptly abated contirtuin darn.age resu
xplain the steps thatthe violation crud prevent /uture occurrenc
pled in the c
(c) the violation was it adve efft ora yestilt of an accident (i.e., r.vt l rin why the violation was
avoidable or something you could not event or prepare fin);
(d) the violator had not been assessed civil pei altt s Fear any°prev ious violations,
(e) payment of the penalty vrilt_prevent payment for the remaining_ necessary reric dial
actions (`i,e, explain how payment of the c:ivit penalty riaill prevent you from performing the activities
necessary t) achieve ,ompliancei.
EXPLANATION: (use additional pages as necessary)

WQCS00 45
ATTACHMENT
Wingate Collection System
November and December 2012
t tcation Incident lent € ;tr Date
anhote # MB6i' e dow
Brand( Outfalt
2 12 1 40 11/0
eacl Fnlorce
Surface
a
NOV Cue
e
500 DV- 013 tt01 NOV-2012-D 4)23
1 icalat.it�r�Act n
exp
Prod to s
Enforcement Case Ye
1 atsse:
Pipe
Failure
n (Break)
Force main 29' SW of h I N 20120i 9 59 121Ct411 5000t S000 V-2013 t191 N V-2 713 DV-0007 Proceed to No Yes
2-72 on Gwynn st Enforcement Casa