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Home My WebLink AboutNC0020940_compliance (LV-2020-0094 response)_20200625ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 25, 2020 CERTIFIED MAIL ITEM 7015 0640 0007 9833 6063 - RETURN RECEIPT REQUESTED Mr. Chad Simons Town Manager P.O. Box 130 Murphy, NC 28906-0130 SUBJECT: CIVIL PENALTY REMISSION REQUEST NPDES Permit NCO020940 Murphy WWTP Case LV-2020-0094 Cherokee County Dear Mr. Simons: I have considered the information submitted by your organization in support of a request for remission in the subject case. The prompt response by your staff shows that you take your responsibilities as permittee seriously. Therefore, in accordance with NCGS 143-215.6A (f), I have found cause to remit the original civil penalty assessments by $1,080.00. Your organization is responsible for the remaining penalties and enforcement costs, which total $1,757.32. If you choose to pay the remaining amount, send payment to the letterhead address within thirty (30) days of receipt of this letter. Please make checks payable to NC DEQ and include the case numbers on the check[s]. If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and my recommendations regarding your requests will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your requests for remission meet one or more of the five statutory factors you were asked to address, you must complete and return the attached forms within thirty (30) days of receipt of this letter. Please mail the completed forms to: Mr. Charles H. Weaver NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral D.._ North Carolina Department of Environmental Quality I Division of Water Resources e:!r4::f'd/� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ME 111-� 919.707.9000 NCO020940 Remission Decision Page 2 of 3 presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your requests for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Mr. Weaver at (919) 707-3616 or charles.weaver@ncdenr.gov. Sincerely, (6K Daniel Smith, Director Division of Water Resources cc: NPDES Files ■ Corrlplete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space Dermifc Town of Murphy Attn: Chad Simons PO Box 130 Murphy, NC 28906 II��III�I III I�IIIII I I I�II��I�I II� ��I III i I III AdultvS Signatuice re ❑Priority Mail Express 1 I 9590 9402 3950 8060 9866 Di Signature Restricted Delivery ry Registered MaiITM Mail stricter Delivery 04 ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Re rn Receipt for 7 015 0640 0007 9833 Merchandise 6063 n Delivery Restricted Delivery ❑ Signature Confirmation'"^ laill ,RAail Restricted Delivery uover$500 ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; DocuSign Envelope ID: 5C486667-655E-458E-805F-F32C458A243E DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2020-0094 Region: Asheville County: Cherokee Assessed Entity: Ton of Murphy WWTP Permit: NCO020940 ❑ (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: (c) Whether the violation was inadvertent or a result of an accident: Permittee States. Casino lift station "had very long run times". Permittee "immediately hired a contractor to install air release points on the high points of the force main" after "sewer plant began to die". Several additional repairs were required to address the problem. DWR Response. ARO states that Permittee's response was prompt and appropriate. Repair work on force main has yielded positive results. BOD violations ceased; facility has had no further BOD violations. 40% REMISSION recommended. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Original Penalty (without Enforcement Costs) Partial Remission 0 Subtotal Retaining Enforcement Costs $2,700.00 40% or $1,080.00 (amount remitted) Total Revised Assessment . ----vouuShwea by: -8328B44CE9EB4A1... S. Daniel Smith $1,620.00 $137.32 $1,757.32 4/6/2020 Date "DOTE: red check marks indicate remission factors chosen by permittee. Remission of this penalty was based on Factors B and C. DocuSign Envelope ID: BE7B5FAB-3EEDA5EA-904C-Bo4B9EFEE777 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0094 County: Cherokee Assessed Party: Town of Murphy Permit No.: NCO020940 Amount Assessed: $2,8 77.32 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 ofFacts" 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 providee-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: il�1e. ��ced �� . cu5�� 1►�} 5�han \ Ct?fl(1eC ec� �0\5 Onct ov 5evver Ord(4 64CA �11 C}ie 1Q ins5 q4, Al( `e1Ec6e. volv25 on b 1114\ Upif►ICj (, ,p,n , 10 e\4ww sS� ton Ver Iun �nle5 CA 3 i rnrne Ic ej h',c q COOV%4or J arc'- MC410 wlniA C.051 (5)OW g(t7b)2N1. \P\k C'gNQ WGn'5 5ub5ec uQn�1 c�►1t,`� -\ lS �) VA -- 5NAInn T� l4�r (r, SO),;8 �4 Ilk ll 1 psce. Mal �5 no IoW AID" iOa i j Gf�J � tun- J1W5 Wjjj Co--1- ova Wla) R*t,015 \4- hckd qu, ox) have. rd AAJ i'35 5►(rp-, . cd600 i 10 vFD,5 lvka ?fGbV(q * fln ife 10ecA a �o VVt\ QbJJ ce.5dvmn ha y0�er) f,--yO\"4 . DocuSign Envelope ID: BE7B5FAB-3EED-45EA 9D4C-Bo4B9EFEE777 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND } STIPULATION OF FACTS Town of Murphy ) Murphy WWTP } PERMIT NO. NCO020940 } CASE NO. LV 2020-0094 Having been assessed civil penalties totaling 2 837.32 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, 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 filrther understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Reso�lrces within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will a allowed after (30) days from the receipt of the notice of assessment. This the ! } l _ day of ADDRESS TELEPHONE SIGNATURE IV, ,20