WQCS00312_Remission (Decision)_20220414

DocuSign Envelope ID: 92BCA7CA-430B-411E-94EC-BC795A124124
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
4/13/2022
CERTIFIED MAIL # 7018 1830 0001 8037 1134
RETURN RECEIPT REQUESTED
Zeb Holden, City Manager
City of Archdale
P.O. Box 14068
Archdale, NC 27263
SUBJECT:
Dear Permittee:
CIVIL PENALTY REMISSION REQUEST
Archdale Collection System
Permit WQCS00312
Case No. DV-2021-0184
Randolph County
The Division has considered the information submitted in support of your request for
remission in accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil
penalty assessment of $1,389.11 ($1,2500 civil penalty plus $139.11 enforcement) to the
total amount of $1.014.11.
Should you choose to pay the modified penalty, payment should be tendered to me at the
letterhead address within thirty (30) days of receipt of this letter. Please make checks
payable to the NC Department of Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The Committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the Committee, and the Division staff will argue
against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the
letterhead address within thirty (30) days of the receipt of this letter. Your request will be
placed on the agenda of an upcoming Committee meeting, and you will be notified of the date
and time. If the Division does not receive a response regarding this notice, Division staff will
automatically place your case on the agenda of a future Committee meeting.
1:/_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 92BCA7CA-430B-411E-94EC-BC795A124124
Thank you for your cooperation in this matter. If you have any questions, please contact Celeste Sugg at
919-707-3628 or [e-mail].
Sincerely,
AD•o'c'u.Siwgned byy:A `, • '.'' `
kict Ltt , V WVN Clio
C464531431644FE...
For Richard E. Rogers
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation
Sheet
cc: Enforcement File No. DV-2021-0184
Winston Salem Regional Office
D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 92BCA7CA-430B-411E-94EC-BC795A124124
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0184 Region: Winston Salem County: Randolph
Assessed Entity: City of Archdale Permit: WQCS00312
n (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:
Permittee States: Incident Number 202101839
- A citizen had reported a sewer smell in their neighborhood. The call came in at 1 :26pm, and Public
Works' staff quickly made their way to the area of concern. By 1 :45pm, staff had identified the
source of the smell, having found a badly overflowing manhole adjacent to a creek. There was no
way to stop flow from reaching the creek, so efforts were focused on identifying the cause of the
overflow and ending it as quickly as possible. The sewer camera and jet machine were brought onsite
and put to work immediately.
- On Friday morning, staff returned to finish clearing the line of debris. More roots were removed in
addition to numerous "flushable" wipes. The roots and the collection of wipes had combined to block
the line, leading to the overflow. The roots came from one of two nearby trees, and the wipes seem
likely to have originated at a nursing home upstream. In the end, the camera was run to show the
line was fully clear and lime was spread as needed.
- To avoid similar issues in the future, staff took immediate steps. First, they had the trees near the
manhole cut down. Second, they spoke with the nursing home regarding their disposal of cleansing
and sanitary wipes. This educational outreach was also added into the newsletter included with City
utility bills (included for reference), on our website, and on social media. Additionally, this location
has been added to a monthly check list.
DWR Response: WSRO agrees the permittee responded to, stopped, and mitigated the incident promptly.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Incident Number 202101839:
- The SSO on August 26, 2021, was the result of sanitary "flushable" wipes getting caught up in tree
roots which had entered the line. There was no prior indication that an issue existed, and repairs were
completed immediately upon knowledge of an overflow. The nursing home facility has seen an
increased use of sanitary and disinfectant wipes related to the COVID-19 pandemic. A portion of
this overflow is attributed to the increased number of these non -biodegradable wipes being flushed
into the main line. The other contributing factor was the roots, which have been removed and trees
cut down.
DWR Response:
- WSRO agrees the incident was inadvertent but also strongly suggests the permittee take further
action to prevent the further deposition of such debris into the collection system by nursing home
personnel. This was a large SSO and WSRO asserts that we should still assess a civil penalty despite
the quick and efficient actions of the permittee in response to the SSO. The component of the
collection system program that targets debris in lines should be proactive, rather than reactive.
WQCS00312
Case No. DV-2021-0184

DocuSign Envelope ID: 92BCA7CA-430B-411E-94EC-BC795A124124
• (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: They have been assessed civil penalties in the past
DWR Response: Previous cases: DV-2019-0078, DV-2019-0150, and DV-2021-0184
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes No ❑
Original Penalty (without Enforcement Costs)
Partial Remission �
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$1.250.00 (enter amount)
% 30 or $ 375.00 (amount remitted)
by:
LIDocuSi9ned
$ 875.00
$ 139.11
$ 1,014.11
ict nti, ►VWVN L b
C464531431644FE...
For
Richard E. Rogers
WQCS00312
Case No. DV-2021-0184

DocuSign Envelope ID: 92BCA7CA-430B-411E-94EC-BC795A124124
STATE OF NORTH CAROLINA
COUNTY OF Randolph
IN THE MATTER OF ASSESSMENT OF
Archdale Collection System
)
)
ENVIRONMENTAL MANAGEMENT
DWQ Case Number DV-2021-0184
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request,
I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management
Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my
original remission request, and because no factual issues are in dispute, my presentation will be
limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance
in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are
active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You
should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or
governmental entity. If you or your representative would like to speak before the Committee, you must
complete and return this form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion
affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice
Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation
before the Committee, then you do not need legal representation before the Committee; however, if you
intend on having another individual speak on your behalf regarding the factual situations, such as an
expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating
the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's
Opinion and could be considered practicing law without a license if he or she is not a licensed attorney.
Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted
Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners,
your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not
violate the State Bar's Opinion on the unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your
case if the Committee is informed that a violation of the State Bar occurs.
This the
day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
£D_E
NORTH CAROLINA
Department of Environmental Duel
TELEPHONE ( )
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000