WQCS00017_Regional Office Historical File Pre 2018 (6)

ROY COOPER
Coarnor
MICHAEL S. REGAN
Secrefixy
S. DANIEL SMITH
Dtrertor
NORTH CAROL INA
Environmental Quality
Certified Mail # 7019 1640 0001 3337 7204
Return Receipt Requested
February 09, 2021
Michael Peoples
City of Gastonia
PO Box 1748
Gastonia, NC 28053-1748
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 14:3-215.1(a)(6)
and Collection System Permit No, WQCS00017
City of Gastonia
Gastonia Collection System
Case No. DV-2021-0021
Gaston County
Dear Mr, Peoples:
This letter transmits a Notice of Violation and assessment of civil penaltyin the am
$128.1.6 enforcement costs) against City of Gastonia.
of $3,128.1.6 ($3,000,00 civil penalty
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow, (SS())
5-Day Report submitted by City of Gastonia. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit, No. WQCS00017 and G.S.'143-215.1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter,
Based upon the above facts, ' conclude as a matter of law that City of Gastonia violated the terms, conditions or
requirements of Collection System Permit No. WQCS00017 and G.S. 143-215:1(a)(1) in the manner and extentshown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(12), 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).
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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 Gastonia:
$.3.000.00 For 1 of the 1 violations of Collection System Permit No. WQCS0001.7 and G.S. 1.43-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$3,000.00
$128,16
$3,128.16
TOTAL CIVIL PENALTY
Enforcement Costs
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,I(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 amountof 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 folio -wing:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an actininistrative 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
7n4 Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources.
1617 Mail Service. Center
Raleigh, North Carolina 27699-16 7

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 limitedto consideration of the live 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 pe-nalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) Wheth.er the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result ot'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 infirmyou 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 for Rernission of Civil Penalties
Waiver of Right to an Administrative Heart ,dStiulation of Facts" form withinjrt 30dyotreeeiptwithin of this
notice. The Division of Water Resources also requests tha eta d su 'losed " Tication for
Remission Request."
Both forms should be submitted to the following, address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
.Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115.

Option 3: File a petition for an administrative hearine 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 am. 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 §1„50B-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 retarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative I' earings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition rnust also be served on DEQ as follows:
Mr. William F. Lane. Cieneral 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) days 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 ofthe penalty through a civil action. Please be advised that additional penalties may he assessed for violations
that occur after the reviewperiod of this assessment.
If you have any questions, please contact Michael Mellinger with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail],
Sincerely,
DocuSigned by:
A14CC681AF27425._
W.. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File

Pr"
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0021
Assessed Party: City of Gastonia
Permit No.: WQC S00017
County: Gaston
Amount Assessed: $3,128.16
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 fkaring, 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 penally assessment factors in 1\1.C.G.S. 143B-282,1(b) were wrongfully applied to the
detriment of the petitioner (the assessinentjactors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation explain the
steps that you took to correct the violation aridpreventfiflure occurrences);
(c) the violation was inadvertent or a result of an accident explain why the violaflon was navoidable or
something you could not prevent or prepare,fort;
(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 (Le., explain
how payment oldie civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE:MATTER OF,ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Gastonia
Gastonia Collection System
PERMIT NO. WQ(S0001
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. I)V-2021-0021
Having been assessed civil penalties totaling 3 128.16 fir violation(s) as set forth in the assessnient document of the
Division of Water Resources dated February 09 2024, 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 .104,
ADDRESS
SIGNATURE
T.ELEPHONE:

PERMIT 0 1 7
FACILITY: Gastonia Collection System
r Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
ATTACHMENTA
City of Gastonia
CASE NUMBER: -2 21 2 '
Mooresville
COUNTY: Gaston
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202003491 12/15/2020 CSO/SSO(Sewer O(ewer Overflow) Discharge without valid permit 553680 63,000.00

SSO EVALUATION ROUTING SLIP
NOV NO
PERMITTEE:
TONY:

DIVISION OF WATER RE OU CfViL 1PENAL�1 V ASSESSMENT
Violator: City of Gastonia
Facility Name: Gastonia Collection System
Permit Number: WQCS00017
County: Gaston
Case Number: DV-2021-0021
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; None documented. However, the unpermitted discharge of untreated
wastewater has the potential to adversely impact natural resources.
2) The duration and gravity of the violation; As documented in Attachment A
3) The effect on ground or surface water quantity or quality or on air quality;
None documented. However, the unpermitted discharge of untreated wastewater h
Impact surface waters.
he potential to adversely
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; Not suspected to be willful or entioual.
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 prior SSOs reported and assessed.
8) The cost to the State of the enforcement procedures.
$128.16
2/9/2021
oocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ