wqcs00005_Civil Penalty Assessment_20201208

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NIICHAEL S. REGAN
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S. DANIEL SMITH
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Certified flail # 7017 2680 0000 2219 6135
Return Receipt Requested
Donald F Greeley, Director of Water Resources
City of Durham
101 City f iall Plaza
Durham, NC 27701-3329
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Environmental Qualify
December OS, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00005
City of Durham
Durham Collection System
Case No. DV-2020-0163
Durham County
Dear Mr. Greeley:
MAILED
This letter transmits a Notice of Violation and assessment of -civil penalt , in the amount of S256.57 (S250.00 civil penalty +
536.57 enforcement costs) against City of Durham.
This assessment is based upon the following facts: a review has been conducted or the Sanitary Sewer O\ erflow (SSO)
5-Day Report submitted by City of Durham. `Phis review has shown the subject facility to be in N iolation of the
requirements found in Collection System Permit No. 1VQCS00005 and G.S. 143-215.1(a)(1). "I'he violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Durham violated the terms, conditions or
requirements of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the ImaxiImunms 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).
DIE :ei

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary ol'the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Scott
Vinson, Rcgionanitpervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Durham:
S250.00 For 1 of the 3 violations of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
S250.00 'TOTAL C1V1L PENALTY
S36.57 Enforcement Costs
S286.57 TOTAL AMOUNT 1)UE
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-2S2. I (b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
'[he 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 duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
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 cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(l) Submit payment ol'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 wailer
/ rnt). 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
rcqucst:
Please be aware that a rcqucst 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:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-2S2.1(b) was \vrongfully
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. ThereIbre, it is very important that you prepare a complete and
thorough statement in support or your request for remission.
In order to request remission. vou must complete and submit the enclosed "Request For Remission of CiN it Penalties.
Waiver of Rieht to an Administrative I-1carinu. and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that vou complete and submit the enclosed "Ju.;tilication for
Remission Request."
Both forms should be submitted to the following_ address:
Attn: PERCS !)ranch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Pinson, Reiiional Super%isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an adniinistrath c hearing w ith the Office of Administrative I Iearings:
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 oriuinal, one (1) copy and a filing fee (if a filing fee is required by NCGS §I3013-23.2) is received in the
Office of Administrative 1-learings within seen (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative I learinus ith all questions reuardinu the filing fee and/or the details ofthe
fi1in41 process.
The !nailing address and telephone and fax numbers for the Office of Administrative I Iearings are as follows:
6714 Mail Sen ice Center
Raleigh, NC 27699 6714
Tc1: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of I n iroiunental Quality
1601 Mail Ser%ice Center
Raleigh, North Carolina 27699-1601
['lease 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 ad%ised that additional penalties may be assessed for violations
that occur after the re icw period of this assessment.
If you have any questions, please contact Mitchell itchell I !ayes ith the Dn ision of Water Resources staff of the Raleigh
Regional Office at [phone] or %ia email at mitch.hacs.a ncdenr.gcn.
Sincerer,
77;74440L
�de Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office -Enforcement File
Laser! iche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0163
Assessed Party: City of -Durham
Permit No.: WQCS00005
County: Durham
Amount Assessed: S286.57
Please use this fonn when requesting remission of this civil penalty. You must also complete the "Rcque.st For Remission,
Waiver of Right to an Achuinistratire 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-2S2.1(c), remission of a civil
penalty may be granted only when one or more of the following live 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 oldie civil penalty assessment factors in N.C.G.S. 143B-2S2.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors arc' listed in the civil penalty asserssnicnt document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.c_, explain the
.steps that you took to correct the violation arm prerent firtrrre occurrences);
(c) the violation was inadvertent or a result of an accident (i.c., c.vpkrin win. the violation was unavoidable or
something you could not prevent or preparefin);
(d) the violator had not been assessed ci' it penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the rcrnainings necessary remedial actions (i.e., explain
hoar payment o/tlrc' civil penalty will prcviwt rorr_Itont peiyOr nirtg the activitic.v neccsswv to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DURI-JAM
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Durham
Durham Collection System
PERMIT NO. WQCS00005
WAIVER OF RIGHT ''l O AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2020-0163
1 IaN, ing been assessed civil penalties totalinu S286.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December OS, 2020, 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 sloes stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support oi'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.
-1 his the
day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Durham
CASE NUMBER: DV-2020-0163
PERMIT NO: WQCS00005
FACILITY: Durham Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
REGION: Raleigh
COUNTY: Durham
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202002325 8/11/2020 CSOISSO(Sewer Overflow) Discharge without valid permit
820 $0.00
202002499 8/27/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit
645 $0.00
202002500 8/27/2020 CSOISSO(Sewer Overflow) Discharge without valid permit 6,000 $250.00

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