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HomeMy WebLinkAboutWQCS00312_DV20210184_Remission_Request_20220103CITY OF ARCHDALE !� 307 BALFOUR DRIVE P.O. BOX 14068 ARCHDALE, NORTH CAROLINA 27263 PHONE: (336) 431-9141 FAX: (336) 431-2131 NC Department of Environmental Quality January 3, 2022 Received Mr. Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Subject: Request for Remission/Mitigation of Civil Penalty Case No. DV-2021-0184 Sanitary Sewer Overflow — August 2021 Collection System Permit No. WQCS00312 Archdale Collection System Randolph County I n n., 0 5 2021 Winston-Salem .i Regional Office I acknowledge receipt of your Notice of Violation and Assessment of Civil Penalty regarding an SSO event on August 26, 2021. The NOV, dated 12/6/21, was received 12/13/21. The City of Archdale acknowledges and agrees that a violation occurred. However, based on staffs incredible mitigation response to this overflow, in addition to ongoing efforts to proactively maintain our collection system, I ask that you consider remission/mitigation of the penalty at this time. Incident Number 202101839: Thursday, August 26, 2021 The City of Archdale believes that it takes a very proactive approach to the management and maintenance of its sewer collection system. Based on the Justification for Remission Request sheet, we ask that the following factors be taken into consideration: (b) the violator promptly abated continuing environmental damage resulting from the violation (c) the violation was inadvertent or a result of an accident (b) the violator promptly abated continuing environmental damage resulting from the violation The City has worked diligently to educate the public on how and where to report bad smellsorobserved sewer overflows. Thankfully, a citizen followed through on a Thursday afternoon and 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. The SSO was ended at approximately 4pm. Wastewater began flowing once the cutter head opened the line. When flow was re-established and the levels returned closer to normal, it became apparent that a partial blockage remained within -the line. With use of- — the sewer camera- it was determined tree roots had contributed to the backup and that further line cleaning was necessary. Staff cleaned up the solid debris near the manhole, spread lime, ensured the area was safe, and made plans to finish cleaning the line the following day. 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. During the cleanup process, staff spoke with the citizen caller again to update them on the situation. The caller advised that the smell had first appeared earlier in the morning, but it was not until the afternoon that they had called the City. With this in mind, staff assigned j an 8am start time to the overflow to be transparent on the volume of the spill. Public Works staff deserve high marks for their efforts on this event. They responded immediately and worked quickly .to resolve the issue, for now and for the future. Once they -learned _that_the-overflow had been going on longer than first reported, they -reached out to me noting the need, to list an earlier start time than originally expected. I applaud their desire to be transparent and honest in their incident reporting, and for following the steps of our Sewer Overflow Response Plan (Updated in 2020). j 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. (c) the violation was inadvertent or a result of an accident 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. The City regrets that this overflow occurred, and we continue to camera/clean lines, do PM's on pump stations, and upgrade facilities to proactively avoid similar issues in the future. With these facts in mind, the City respectfully requests that the $1,250.00 civil penalty be considered for remission/mitigation. Should you have questions or need further information about this matter, please let me know. I can be reached directly by phone at (336) 434-7346 or by email at zholden(a)archdale-nc.gov. Sincerely, Zeb Holden City Manager Cc: Lloyd Wilson, Public Works Director Chris Davis, Sewer System Supervisor, ORC Loose Leaf Collection Loose leaf collection is underway. Pickups end the first full week of March. Make sure loose leaves are placed near but not in the roadway and away from storm drains. City of Archdale Loose Leaf Collection Monday Tuesday 0 Wednesday Thursday Friday Arch Ie u~-...,,.�A.I A friendly reminder: That there is no such thing as a FLUSH -ABLE wipe. Disinfectants, baby wipes, and other 'so-called' FLUSH -ABLE wipes need to be thrown away; not flushed. These wipes do not break down and ultimately cause nasty sewer backups in homes when flushed. Report a Problem on SeeClickFix You can report non -emergency stormwater or planning/code enforcement problem to the City of Archdale from your smartphone, tablet, or computer; thanks to the City's implementation of "SeeClickFix". Check it out on the City's website by clicking the "Report a Problem" icon. This new feature allows you to remain anonymous and get updates as the staff investigates the issue. MWS1 aseball & Volleyboll Registration for Baseball ages 4-14 and Girl's Volleyball, grades 3-12 begins. Please visit www.archdaleparks.com and click on Youth Athletics for details. More informat' ns, please visit: lentines DISC GOLF Doubles Color rfurreryge—If 2:00pm. It is like a color run mixers with a 9 hole disc golf tournament. Come out and have fun with us. Must Pre -Register as spots are limited. Register with Jocelyn at jmoonParchdale- nc.gov or 336-434-7314. Registration ends February 3rd or until teams are filled. Wear white or black to get the full effect. More information can be found on that parks page. VOL. XVIII, ISSUE III I JANUARY 2022 IN THE LOOP Arc-nnaleR CITY OF ARCHDALE 307 0ALFOUR DR, ARCHDALE NC 27263 (A!EIAhi4 w, "4 9,awv fvh4 w h,a" K heAM4 r1w ycql &ftarh, U 04 Caine & U CA� Of 7UWh4Aft efhfl"M_ Protect Your Home this Winter The City of Archdale is responsible for maintaining main water lines and services lines to the meter. Water lines and pipes beyond the meter are the responsibility of the customer. Preventing Frozen Pipes: • Drain swimming pool supply lines, as well as lawn and landscape sprinkler system at the end of summer. (Do not put automotive antifreeze in drained water lines.) • Remove, drain, and store outdoor hoses. If the outside faucets have shut-off valves, close them, and drain outside faucets. If no shut-off is available or if frost -free faucets have not been installed, cover the faucets with insulation of Styrofoam covers. • Survey property for water supply lines that may be unprotected, such as unheated basements, attic areas, crawlspaces, garages, under cabinets, on exterior walls, at the water meter, or at the point where main supply lines cross the foundation into the hose. Insulate both hot and cold water lines in these areas (Hot water lines freeze as readily as cold water lines if water is not flowing through them.) • Protect exposed pipes by wrapping them with foam pipe sleeves (taping at all junctions), covering with fiberglass insulation, or installing UL-listed heat tape or heat cable. Even several layers of newspaper will do in a pinch when temperatures are expected to remain cold for shorter periods. • Meter lids should remain on the water meter box at all times. . way ree ,— AOY COOPER Covanor EUZABErHS. BISER S.DANIELSMITH ruwor:oQrer �%� 19 Certified Mail # 70181130 0000 1612 5822 Return Receipt Requested December 06, 2021 Zeb Holden, City Manager City of Archdale _ L •tl. I 4 i '< ' , PO Box 14068 j• Archdale, NC 27263 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and Collection System Permit No. WQCS00312 City of Archdale Archdale Collection System Case No. DV-2021-0184 Randolph County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,389.11 ($1,250.00 civil penalty + $139.11 enforcement costs) against City of Archdale. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Archdale. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00312 and G.S. 143-215.l(a)(1). 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 City of Archdale violated the terms, conditions or requirements of Collection System Permit No. WQCS00312 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), 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). D N"thCadC Dtpaamua(r�iybvm.2dCbW%Y I Wvb6�,ofNmo -- N2w Wsd"Paywd.0nk 1 ASONtn H2W3WR"%LS1C= I Whe SahMNMhO VM2n03 _W 226T1 "W 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, Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty assessment against City of Archdale: $1,250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00312 and G.S. 143-215. 1 (a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $1,250.00 TOTAL CIVIL PENALTY $139.11 Enforcement Costs $1,389.11 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: (I) 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 amount of 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 following: (1) Submit payment of the penalty, OR (2 Submit a written request for remission, OR Submit a written request for an administrative hearing . Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (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: Attn: PERCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 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. 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: STATE OF NORTH CAROLINA COUNTY OF RANDOLPH IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Archdale Archdale Collection System PERMIT NO. WQCS00312 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2021-0184 Having been assessed civil penalties totaling $1.389.11 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 06 2021, 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 �3� ` day of /s �`` 20.2-/ �y o/ P. �iT\ SIGNATURE ADDRESS / /r �- z-�/ //, / 3v7o��/4r/,�v�r Z7r` Arm9.4 NL 279-63 TELEPHONE (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was 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 Resources will review your evidence and inform you 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 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 Resources also reguests that you complete and submit the enclosed "Justificatio 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 Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ 450 West Hanes Mill. Road, Suite 300 Winston-Salem, NC 27105 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 § 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 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: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General 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 Attomey 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 Ron Boone with the Division of Water Resources staff of the Winston-Salem Regional Office at (336) 776-9690 or via email at ron.boone@ncdenr.gov. Sincerely, Coo�usienaa ey: L ow 1 . Smev 14,B]'T 2 MFA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Attachments: 1. Justification for Remission Request 2. Waiver of Right to an Administrative Hearing and Stipulation of Facts 3. Attachment A ATTACHMENTS cc: Laserfrche JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2021-0184 County: Randolph Assessed Party: City of Archdale Permit No.: WQCS00312 Amount Assessed: $1,389.11 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 Hearing, 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. § 14313-282. 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 penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the / detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); V (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); V (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); (d) the violator had not been assessed civil penalties for any previous violations; D17S No�-7�19 _p (e) payment of the civil penalty 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: