HomeMy WebLinkAboutWQCS00195_PC20230014_20230615ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 3160 0002 0860 6191
RETURN RECEIPT REQUESTED
June 15, 2023
Town of Ramseur
Attn: Ms. Vicki Caudle, Mayor
P.O. Box 545
Ramseur, NC 27316-0545
SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit WQCS00195
Ramseur Collection System
Case Number: PC-2023-0014
Randolph County
Dear Ms. Caudle:
This letter transmits a notice of a civil penalty assessed against the Town of Ramseur in the amount of $3,641.84
($3,2000.00 civil penalty + $441.84 in enforcement costs).
This assessment is based upon the following facts: On June 27', 2022, Division of Water Resources/Winston-Salem
Regional Office (DWR/WSRO) staff conducted a compliance evaluation inspection of the Town of Ramseur's
wastewater collection system pursuant to collection system permit WQCS00195. Several permit violations were
noted during that inspection. As a result, on March 231, 2023, DWR/WSRO staff conducted a follow-up
Compliance Evaluation Inspection to determine the town's current compliance status and whether any violations
noted in the 2022 inspection had been resolved. The 2023 inspection revealed that some 2022 violations had been
addressed to various degrees, but others had not been addressed at all, while other new violations were also noted.
Based upon the above facts, I conclude as a matter of law that the Town of Ramseur violated the terms, conditions,
or requirements of collection system permit WQCS00195 in the manner and extent shown above. In accordance
with the maximums established by G.S. 143-215.6A(a), 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).
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 hereby
make the following civil penalty assessment against the Town of Ramseur:
$1,500.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 4.
0.00 For 2 of 2 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 4.
0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 5.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 7.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 8.
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
oep.m.m or em�nmen� Qualm
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part II, Paragraph 2.
0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part II, Paragraph 9.
0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part III, Paragraph 1.
250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part III, Paragraph 3.
$250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part V, Paragraph 3.
$1,250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part V, Paragraph 4.
$3,250.00 Total Civil Penalty
441.84 Total Enforcement Costs
$3,641.84 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:
(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 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 days of receipt of this notice, you must do one of the following:
1. 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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
X19
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:
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (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 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 requests that you complete and submit the enclosed "Justification
for Remission Request." Both forms should be submitted to the following address:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File 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 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 original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings. The petition may be faxed provided the original and one copy of the document
is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
AND
Mail or hand -deliver a copy of the petition to:
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 Attorney General's
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
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 about this letter, please contact Ron Boone of the Winston-Salem Regional Office at 336-
776-9690 or via e-mail at ron.boone@deq.nc.gov.
Sincerely,
EDocuSigned by:
Loti -T. SMdU'
1-"49E225c94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Attachments:
Waiver of Right to an Administrative Hearing and Stipulation of Facts
Justification for Remission Request
Findings and Decision and Assessment of Civil Penalties
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
eaparMeM of EmironmanW 9uallly
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TOWN OF RAMSEUR
RAMSEUR COLLECTION SYSTEM
PERMIT NO. WQCS00195
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2023-0014
Having been assessed civil penalties totaling $3,641.84 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated June 6", 2023, 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 , 20
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2023-0014
Assessed Entity: Town of Ramseur
County: Randolph
Permit No.: WQCS00195 Amount Assessed: $3,641.84
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. § 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 penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
❑ (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);
❑ (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;
❑ (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:
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Ramseur — Ramseur Collection System
County: Randolph
Case Number: PC-2023-0014
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;
2)
3)
4)
5)
6)
7)
The collection system permit is intended to direct the permittee into proactively maintaining the system to
prevent sanitary sewer spills (SSOs) and their resulting harm to natural resources. The Town of Ramseur
has reported 17 sanitary sewer overflows over the three years prior to this inspection and three since the
inspection. The permittee's failure to fully comply with the permit, as demonstrated by the results of the
past two inspections, demonstrates a much greater potential to cause such harm
The duration and gravity of the violation;
The violations have continued since at least the June 2022 inspection. The gravity of the violations is
severe, given the potential consequences of such violations.
The effect on ground or surface water quantity or quality or on air quality;
The failure of the Town to comply with the permit, as specified herein, has the potential to impact ground
or surface water.
The cost of rectifying the damage;
These costs have not been calculated specifically but are assumed to be equal to the cost associated to
complying with the permit conditions.
The amount of money saved by noncompliance;
This amount has not been calculated but is likely equivalent to the amount the permittee would have spent
to fully comply with all permit conditions.
Whether the violation was committed willfully or intentionally;
The Division has no evidence that indicates willfulness or intentionality with regard to these violations.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The permittee was issued the following NOVs over the past three years:
Case #
Date Issued
Reason
NOV-2023-PC-0122
3/31/2023
March 2023 Inspection
NOV-2022-PC-0405
8/4/2022
June 2022 Inspection
NOV-2023-DV-0232 (Notice of Intent)
5/22/2023
Three sanitary sewer overflows
NOV-2023 -DV-0 15 5 (Notice of Intent)
3/24/2023
One sanitary sewer overflow
NOV-2023-DV-0121 (Notice of Intent)
3/3/2023
One sanitary sewer overflow
NOV-2022-DV-0086 (Notice of Intent)
3/24/2022
One sanitary sewer overflow
NOV-2021-DV-0487 (Notice of Intent)
12/2/2021
Two sanitary sewer overflows
NOV-202 1 -DV-0244 (Notice of Intent)
1 5/12/2021
One sanitary sewer overflow
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
8)
Case #
Date Issued
Reason
NOV-2021-DV-0161 (Notice of Intent)
3/11/2021
One sanitary
sewer overflow
NOV-2021-DV-0144(Notice
of Intent
0/23/2021
One sanitary
sewer overflow
NOV-2020-DV-0514(Notice
of Intent
11/18/2020
One sanitary
sewer overflow
NOV-2020-DV-0485(Notice
of Intent
11/3/2020
One sanitary
sewer overflow
NOV-2020-DV-0352(Notice
of Intent
8/10/2020
Four sanitary
sewer overflows
The cost to the State of the enforcement procedures.
$441.84
1:1
The assessment factors listed above were considered. However, since this case pertains to the non -submittal
of required information, impacts are unknown.
Docu Signed by:
6/15/2023 �~ -T. S"It,
Date Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NC DEQ
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
naparMeM of EmironmanW 9uallly
STATE OF NORTH CAROLINA
COUNTY OF RANDOLPH
IN THE MATTER OF
CASE NO. PC-2023-0014
TOWN OF RAMSEUR
RAMSEUR COLLECTION SYSTEM
FOR VIOLATIONS OF:
PERMIT NO. WQCS00195
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Lon T. Snider, of the Division of Water
Resources (hereby known as DWR), make the following:
I. FINDING OF FACT
A. Town of Ramseur is a person organized and existing under the laws of the State of North Carolina.
B. On July 12', 2021, the Division issued Town of Ramseur Wastewater Collection System Permit
Number WQCS00195, for the operation and maintenance of a wastewater collection system
located at the Ramseur Collection System, in accordance with the provisions of Article 21 of
Chapter 143, General Statutes of North Carolina.
C. On June 27th, 2022, the NC Division of Water Resources (NCDWR), Winston-Salem Regional
Office (WSRO), conducted a compliance evaluation inspection of the Town of Ramseur's
wastewater collection system management and operation permit, WQCS00195. Staff were able to
complete the records review portion of this inspection but not the field portion of the inspection
because the operators were called to immediately respond to an emergency water main break.
D. The following table summarizes the violations of WQCS00195 that NCDWR/WSRO staff noted
during the June 2022 inspection:
Violation
Violation Detail
Permit
Condition
1. Inadequate
The town did not have copies of documentation sent. They provided a
Part I, Paragraph
Fats, Oils, and
single document, but it was undated. The town has not identified and
4 & Part III,
Grease (FOG)
inspection all grease traps.
Paragraph 1
Program
2. Records
The town stated they conduct supervisory reviews of all records as they
Part II,
Review
are generated but provided no records of the reviews.
Paragraph 2 &
Documentation
Part 111,
Paragraph 1
3. Right-of-way
The town stated that all right-of-ways are bushhogged three to four times
Part II,
Maintenance
per year and that high priority lines are checked at the same time but
Paragraph 6 &
Records
there was no documentation of either activity.
Part III,
Paragraph 1
4. Line Cleaning
The town provided no records of the cleaning activities.
Part II,
Records
Paragraph 7 &
Part III,
Paragraph 1
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
Violation
Violation Detail
Permit
Condition
5. Sanitary Sewer
Records of all sanitary sewer overflows (SSO) occurring over the three
Part III,
Overflow
years prior to the inspection were not available during the inspection.
Paragraph 1 &
Records
Part III,
Paragraph 2
6. System Map
The system map presented during the inspection did not meet all
Part III,
requirements.
Paragraph 3
7. Annual
Documentation of the annual general observation of the entire system
Part V,
General
was not available during the inspection.
Paragraph 3, &
Observation
Part III,
Records
Paragraph 1
8. High Priority
The town stated that high priority lines are checked but there was no
Part V,
Line Records
documentation of this activity.
Paragraph 4 &
Part III,
Paragraph 1
Table #1. Violations of WQCS00195 from June 2022 Inspection
E. On August 4th, 2022, NCDWR/WSRO sent Town of Ramseur Notice of Violation with Intent to
Enforce (NOI), tracking number NOV-2022-PC-0405, dated August 4th, 2022, giving the town 10
business days to respond in writing to the violations of WQCS00195 that NCDWR/WSRO staff
noted during the June 2022 inspection. The town's written response was to have detailed
corrective actions and implementation schedules for each of the violations staff noted. The NOI
stated that a follow-up inspection would be scheduled with the town within 120 days after the
town received the NOI, at which point NCDWR/WSRO would also conduct the field inspection
that was cancelled at the June 2022 inspection.
F. On August 9t1i, 2022, the town received NOV-2022-PC-0405.
G. On August 19t1i, 2022, NCDWR/WSRO received Town of Ramseur's written response to NOV-
2022-PC-0405 dated August 181, 2022. The response did not address all violations and no written
documentation accompanied the response.
H. On March 131, 2023, the follow-up inspection was finally conducted. Due to many unforeseen
circumstances, including the operator's surprise resignation January 1 st, 2023, the follow-up
inspection was canceled and rescheduled several times. The results of this inspection revealed that
several of the June 2022 violations had still not been sufficiently corrected, and some new
violations had been noted, as indicated in the table below:
Violation
Violation Detail
Permit
Condition
1.Inadequate
The town still did not have documentation of FOG educational materials
Part I, Paragraph
FOG Program
distribution and the inspection and/or monitoring of installed grease traps
4
to ensure compliance with the Town's FOG ordinance.
This is a repeat violation.
2. No Capital
No CIP has been developed.
Part I, Paragraph
Improvement
5
Plan (CIP)
This is a new violation.
3. Pump Station
The pump station contingency plans need to be properly posted and made
Part I, Paragraph
Contingency
available to all personnel, and did not meet the permit condition.
7
Plans
This is a new violation.
4. Pump Station
The pump station signs do not contain all the required information.
Part I, Paragraph
Signs
8
This is a new violation.
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
Violation
Violation Detail
Permit
Condition
5. Records
The town stated they conduct supervisory reviews of all records as they
Part II,
Review
are generated but did not provide no records of the reviews.
Paragraph 2
This is a repeat violation
6.Spill Response
The spill response action plan must be made available to all personnel, as
Part II,
Plan
well as updated and improved to meet the intent of the permit condition.
Paragraph 8
This is a new violation.
7.Records &
During the inspection there were insufficient records for the FOG
Part III,
Records
program, the records review, the high priority line inspections, the line
Paragraph 1
Retention
cleaning program, the right-of-way inspection program, and the annual
general observation. Furthermore, there was not three years' of records.
This is a repeat violation.
8.System Map
Not all the required information is provided on the Town's system map.
Part III,
Paragraph 3
This is a repeat violation
9. Annual
The annual general observation of the system was not documented.
Part V,
General
This is a repeat violation
Paragraph 3
Observation
Records
1 O.High Priority
Not all existing high priority lines have been properly identified and
Part V,
Lines
inspected as required. Records of high priority lines are incomplete.
Paragraph 4
This is a repeat violation.
Table #2. Violations of WQCS00195 from March 2023 Inspection
I. On March 311, 2023, NCDWR/WSRO sent Town of Ramseur Notice of Violation with Intent to
Enforce (NOI), tracking number NOV-2023-PC-0122, dated April 31, 2023. This notice gave the
town 10 business days to respond in writing to the violations detailed in the notice.
J. On April 41, 2023, the town received NOV-2023-PC-0122.
K. On May 191, 2023, NCDWR/WSRO received the town's written response to NOV-2023-PC-0122
via email. The response provided detailed information regarding their progress in addressing each
violation noted in the March 2023 inspection.
L. DWR considered repeat violations for penalty assessment.
M. The cost to the State of the enforcement procedures in this matter totaled $441.84.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW
A. Town of Ramseur is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212
(4).
B. Town of Ramseur was issued Collection System Permit No. WQCS00195 in accordance with G.S.
143-215.1(a) for the operation and maintenance of a wastewater collection system.
C. On March 13', 2023, Town of Ramseur violated the following conditions of collection system
permit WQCS00195:
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly
1. Part I, Paragraph 4, by failing to fully develop and implement an enforceable Fats, Oils,
and Grease (FOG) program that meets the intent of the permit condition.
2. Part I, Paragraph 5, by failing to develop and implement a Capital Improvement Plan
(CIP) that meets the intent of the permit condition.
3. Part I, Paragraph 7, by failing to fully develop and implement pump station contingency
plans that meet the intent of the permit condition.
4. Part I, Paragraph 8, by failing to post appropriate signage at all pump stations that meet
the intent of the permit condition.
5. Part II, Paragraph 2, by failing to fully develop and implement a supervisory records
review program that meets the intent of the permit condition.
6. Part 11, Paragraph 8, by failing to fully develop and implement a spill response action
plan to meet the intent of the permit condition.
7. Part III, Paragraph 1, by failing to properly document and maintain the documentation as
the permit specifies.
8. Part III, Paragraph 3, by failing to fully develop a system map as required by the permit.
9. Part V, Paragraph 3, by failing to fully develop and implement an annual general
observation program to meet the intent of the permit condition.
10. Part V, Paragraph 4, by failing to fully develop and implement a high priority line
maintenance program to meet the intent of the permit condition.
D. Town of Ramseur may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2),
which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per
violation per day may be assessed against a person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or certification issued
pursuant to authority conferred by this Part.
E. The State's enforcement cost in this matter may be assessed against Town of Ramseur pursuant to
G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
F. Lon T. Snider, of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,1 make the following:
III. DECISION
Accordingly, Town of Ramseur is hereby assessed a civil penalty of:
$1,500.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 4.
$0.00 For 2 of 2 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 4
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 5.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 7.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part I, Paragraph 8.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part II, Paragraph 2.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part II, Paragraph 9.
0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part III, Paragraph 1.
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
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$250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part III, Paragraph 3.
250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part V, Paragraph 3.
1 250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00195, Part V, Paragraph 4.
3 250.00 Total Civil Penalty
$441.84 Total Enforcement Costs
$3,691.84 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in 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 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
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
DocuSigned by:
L4ti -T. 5-Alc '
6/15/2023
145B49E225C94EA...
Date Lon T. Snider
Division of Water Resources
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
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