HomeMy WebLinkAboutWQCS00166_NOV and Intent to Assess_20181207DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Harnett County
Facility *Name: Marnett County Collection System
Permit Number: WOCS00166
County: Harnett
Case Number: DV-2018-0080
ASSESSMENT FACTORS
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DEC 14 2018
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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; The introduction of wastewater into waters of the State can negatively impact the
State's water resources:
2) The duration and gravity of the violation; Inflow and infiltration resulted in the loss of 167,560 gallons of wastewater,
all of which reached waters of the State.
3) The effect on ground or surface water quantity or quality or on air quality; Untreated wastewater can contain
pathogens and nutrients that can negatively impact waters of the State.
4) The cost of rectifying the damage; Not applicable
S) The amount of money saved by noncompliance; Not applicable
6) Whether the violation was committed willfully or intentionally; Unknown
'n The prior record of the. violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; Prior Notices of Violations have been issued and
civil penalties been assessed for spills at these locations.
8) The cost to the State of the enforcement procedures.
$128.28
121
Date �J• Trent Allen, Regional Supervisor
Water. Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
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Certified Mail # 7015 0640 0007 8168 7622
.Return Receipt Requested
December 07, 2018
Steve Ward, Director
Harnett County Public Utilities
100 McKinny Pkwy.
Lillington, NC 27546
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. WQCS00166
Harnett County
Harnett County Collection System
Case No. DV-2018-0080
Harnett County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,478.28 ($4,350.00 civil penalty
+ $128.28 enforcement costs) against Harnett County.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted, by Harnett County. This review has shown the subject facility to be in violation of the
-__.requirements found -in Collection_System.Permit.No. WQCS.00-16-6_and G.S._l43=215..1(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 Harnett County violated the terms, conditions or
requirements of Collection System Permit No. WQCS00166 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).
A CIw4tmY.bQ�J - ,
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300
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, J. Trent
Allen, Regional Supervisor,_FayettEville Regional Office hereby make the following civil penalty assessment against
Harnett County:
4 350.00 For 11 of the 12 violations of Collection System Permit No. WQCS00166 and G.S. 143-215.1(a)(1)
for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
4 350.00 TOTAL CIVIL PENALTY
128.28 Enforcement Costs
4 478.28 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. 143B -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 (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
(3) Submit a written request for an administrative 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
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: PERC_S 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•a fare -that. a: request for -remission is limited to consideration of the=fire 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 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 requests that you complete and submit the enclosed "Justification 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
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Option 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 rnust.file a petition fo"r 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 §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 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 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 Hughie White or myself with the Division of Water Resources staff of the Fayetteville
Regional Office at (910) 433-3300.
Sincerely,
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Fayetteville Regional Office (HW)
PERCS Compliance/Enforcement Unit - Enforcement File
Case Number: DV-2018-0080
Assessed Party: Harnett County
Permit No.: WQCS00166
NSTIFICATION FOR REMISSION REQUEST
County: Harnett
Amount Assessed: $4,478.28
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 (Le., 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HARNETT
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Harnett County )
Harnett County Collection System )
PERMIT NO. WQCS00166 ) CASE NO. DV-2018-0080
Having been assessed civil penalties totaling $4,478.28 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 07, 2018,_ 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
I\770=1
SIGNATURE
- - -- - -- ---- - - -- - ---- -- - --- - - --- -- - - - -- -- -TELEPHONE--- - - - ---
20
PERMIT NO:
FACILITY:
ATTACHMENT A
Harnett County
-CASE NUMBER.:. - DV-2018-0080
WQCS00166
Harnett County Collection System
REGION: Fayetteville
COUNTY: Harnett
-
Other Violations
INCIDENT
NUMBER.
VIOLATION'
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
201801265
8/8/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
1,800
$350.00.
201801263
8/8/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
12,960
$500.00
201801264
8/8/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
15,000
$500.00
201801262
8/8/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
21,600
$500.00
201801287
8/13/2018
' CSO/SSO(Sewer Overflow)
Discharge without valid permit
900
$0.00
201801291
8/13/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
5,000
$300.00
201801290
8/13/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
7,200
$300.00
201801292
8/13/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
9,000
$300.00
201801294.
8/13/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
27,000
$500.00
201801296
8/13/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
28,800
$300.00
201801265
8/13/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
32,000
$500.00
201801332
8/15/2018
CSO/SSO(Sewer Overflow)
Discharge without valid. permit
7,200
$300.00