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HomeMy WebLinkAboutWQCS00135_Regional Office Historical File Pre 2018 (5)ROY COOPER Governer MICHAEL 5. REGAN Secretory S. DANIEL SMITH. Director Certified Mail # 7019 1120 0000 8361 1152 Return Receipt Requested David Matthew Robinette Town of Taylorsville 204 Main Ave Dr Taylorsville, NC 28681. NORTH CAROUNA Environmental Quality November 10, 2020 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(�5. and Collection System Perrnit No. WQCS00135 Town of "Taylorsville Taylorsville Collection System Case No. DV-2020-0157 Alexander County Dear Mr. Robinette: This letter transmits a Notice of Violation and assessment ot`civil penalty in the unou.nt of $628.16 ($500.00 civil penalty + $1.28,16, enforcement costs) against Town of Taylorsville. This assessment is based upon the following facts: a review has been conducted of the SanitarySewer Overflow (SSO) 5-Day Report submitted by Town of Taylorsville. This review has shown the. subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00135 and G.S. 143-215.1(a)(1). The violation(s) that occurred are sum.rnarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Taylorsville violated the terms, conditions or requirements of Collection System Permit No. WQCS00135 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). 4.4444 0,Q;714 4 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, W. Corey Basinger; Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Town of Taylorsville: $500.00 For I of the 1 violations of Collection System Permit No. WQCS00135 and GS, 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $500.00 $128.16 $628.16 TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S.T4.3-21.5.6A(c), in determining the amount of the penalty I. have taken into account the Findings of Conclusions of Law and the factors set forth at G:S, 143.B-282,1(b), which are: (I) The degree and extent of hann to the natural resources of the State, 'Co 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 intentiona(ly; C7) 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,: ( I.) Submit paymentof 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 fer any continuing or n.ew 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 requestfor re -mission is limited to consideration ofthe five factors listed below as they may relate to the rea.sonablenessof the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting 'whether the viol.ation(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 1.43B-282.1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage result ng 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 our 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 he 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 enelosed '''F,equest for Remission of Civil Penalties., Waiver of Riht 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 fortes should be submitted to the following address: Attn: PERCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 , AND W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ 610 East Center Avenue, Suite 301 Suite 301, Mooresville, NC 28'115 Option 3: File a petition for an administrative hearing with the Office dininistrative Hearings: If you wish to contest any statement in the attached assessment document you -rn.ust 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.rn. 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 he 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 ofAdministrdtivc Hearings are as :follows: 6714 Mail Service Center Raleigh, NC 27699 6714 'Tel: (919) 431-3000 Fax: (919) 431-3100 One copy of the petition must also be served on DEQ as follovvs: 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 Michael Meilinger with the Division ofWater Resources staff of the Mooresville Regional Office at (704) 235-2183 or via email at michaeLrnei1ingera Sincerely,. DocuSigned by: Al4CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File PE.RCS Compliance/Enforcement Unit - Enforcement File U TIFICATIUN'OR IRElltil " I%IN RE I7FS Case Number: DV- 02 -0157 Assessed Party: Town of Taylorsvi'lle Permit No.: WQCS00135 County: Alexander Amount Assessed: S628.16 Please use this ..tni when requesting remission of this civil penalt °_ You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing and Stipulation ' '4ilSand are " formtone request necessaryssion for the Directto conivil nalty. You should attach any documents that you believe supportyour request ider in evaluating. your request for remission. Please he 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. Please check each foe i t iot oua civi' penalty may be granted only when one or more of the following five factors apply, 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. l b) were rvrongfntlly° applied to the detriment of the petitioner (the assessmentfactorsare listed in the civil penalty assessment docum nt) (b) the violator' promptly abated continuing environmental damage resulting from the violation (Le., explain the steps that you rook to correct the violation and prevent future occurrencesi, was inadvertent or a result of art accident (t.e..o explain vizl° the viol'ration was unavoidably or i,c) the something you could not prevent or prepare far (d) the violator had not been assessed civil penaltiesfor any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial acttnns (i.e, explain how payment of the civil penalty will prevent you -om performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NOR°F"R CAROLINA. COUNTY f. L` ALEXANDER THEMST"1' I f)F L 1M i • )i tw.WIL. P1 N \L I AGAIN T Town of Tylo Fill Taylorsville Collection stem PERMIT NO. l( 0013 t ( T ENT ENVIRONMENTAL., QC, : 11 \ WAIVERIG T TN ..ADMINISTRATIVE HEARI. L AND STIPULATION OF FACTS SSE NO DV-2020-0157 a been assessed civil penalties t ataling $628.16 for vlialaticant;s) as set forth in theacsesstnertt document of the Division ater Resources ces dated November 1$0,2020, the t ndersi ned, desiring to seek remiss' can of the civil penalty, do es hereby waive the right to an administrative hearing in the above -stated matter r ad e c s stipulate that the facts are as alleged in the tent document, The undersigned further understands that )111 evidence presented in support of r lnissic rt of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty ( it ) days of receipt of the notice of assessment. No new evidence in support ofa remiss on request asil be allowed after (wai) days from the receipt at the to of assassrrt:ent. day of t ADDRESS T,LL I-INL It ATTACNMENT Town of Taylorsville CA E NUMBER: DV-2020-0157 PER)1 NO: WCICS00135 FACILITY: Taylorville o le t on System Other Violations INCIDENT NUMBER VIOLATION TII DATE VIOLATION 202002614 9117/ 0 0 CSO/SSO(Sewer Overllow REGIOMooresville COUNTY: Alexander .ander` VIOLATION 6 TI Discharge without valid permit TOTAL VOLUME ALT AMOUNT (GALLONS) ROY COOPER. Governor MICHAEL S. REGAN Smeary S. DANIEL SMITH &ttwvar Certified Mail # 7019 1120 0000 8361 1152 Return Receipt Requested David Matthew Robinette Town of Taylorsville 204 Main. Ave Dr Taylorsville, NC 28681 NORTH CAROLINA Etwbanmenta! Quality November 10, 202(0 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 14 and Collection System Permit No. WQCS00135 Town of Taylorsville Taylorsville Collection System Case No. ITV-2020-0157 Alexander County Robinette: (a)(6) This letter transmits a Notice of Violation and assessment of civil penalty in the amotntt of 628.16 (S500.• civil penalty $128,16 enforcement costs) against Town of Taylorsville. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (`,;S0) 5-Day Report submitted by Town of Taylorsville. This review has shown the subject facility to be in violation ofthe requirements found in Collection System Permit No. WQCS00135 and G.S. 143-215.1(a)(i). 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 Town of Taylorsville violated the terms, conditions or requirements of Collection System. Permit No. WQCS00135 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, ➢ (a). ,tF' gcrastp I Or se s of Water Russwirvaea Avfamito.. Suet 301. I Moartav a, Scat, Curalios 28116 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, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Town of Taylorsville: $500.00 For 1 of the I violations of Collection System Permit No. WQCS00135 arid G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $500.00 TOTAL CIVIL PENALTY $128.16 Enforcement Costs $628.16 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 I.,aw and the factors set forth at G.S, 1.43B-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 Environm 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 Submit a written request for retnission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: ntal Payment. should be made directly to the order of the Department of Environmental Quality (do not include form). Payrn.ent of the penalty will not foreclose further enforcement action for any continuing or new vialation(s). Please submit payment to the attention of: Attn: PERCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 PPP. option 2: Submit a written request for remission or mitigation including a detaded request: justification for such 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 administrativehearing 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 sub-mit 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 14313-282.1(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 paymentof 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 ofFacts' form within thirty (30) days of -receipt of this notice. The Division. of Water Resources,also requests that youcomplete and submit the enclosed "justification for .Reinission 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- 617 AND W. Corey Basinger, Regional Supervisor Water Quality' Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ 610 'East Center Avenue, Suite 301 Suite 301., Mooresville, NC 2811.5 Qption 3: FiluLpetition for an administrative hearing with the Office of AdministrativeHearings: 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 n..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 §1.50B-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-.30(10 Fax: (919)431-3100 One (1) copy of the petition must also he 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 he 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 he advised that additional penalties may be assessed for violations that occur after the review period of this assessment. lf you have any questions, please contact Michael Meilinger with the Division of Water Resources staff of the Mooresville Regional Office at (704) 235-.2183 or via entail at michael.meilinger@ncdenr.gov. Sincerely, DocuSigned by: A14CC681AF27425.,. W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENIES Cc: WQS Mooresville Regional Office - Enforcement File PERCS Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2020-0157 Assessed Party: Town of Taylorsville Permit No.: WQCS00135 County: Alexander Amount Assessed: $628.16 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 assessrnentfactors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation explain the steps that you took to correct the violation and prevent filture 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 per orming the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMEN"J OF ENVIRONMLNTAAL —Y COUNTY OF ALE ANDER IN lTIE MATTER OF ASSESSMENT F CIVIL PENALTIES AGAINST Town of Taylorsvill Taylorsville Collection System PERMIT NO, WQCS00135 WAIVER OF RIGHT TO AN ADMINIST TIVE HEARING AN STIPULATION OF FACTS CASE NO. V-0II-111 Having been assessed civil penalties totaling S628.16 for violation(s) as set forth i the assessment document of the Division of Water Resources dated November 10, 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 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 S1 NATEIRE ADDRESS TE LI .PHONE ATTACHMENT A Town of Tylr°sville CASE NUMBER: V-20 0-01 7 PERMIT IT NO: WQCS00135 FACILITY: T y oraville Coiled on System Other Violations REGION: Mooresville COUNTY: Alexander INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION TOTAL VOLUME PENALTY (GALLONS) AMOUNT 202002614 9/17/2020 aO/ aO(ewer Over l w) Discharge without valid permt 18 000 850000 SSO EVALUATION ROUTING S . P NOV NO PERMITTEE: TONY: CHAE AN©REW COREY DIVISION OF WATER RESOURCES - CI'II PENALTY ASSESSMENT Violator: Town of Tavlorsville Facility Name: Taylorsville Collection S °s Permit Number: WQCSO0135 County: Alexander Case Number: DV-2020-0157 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; None documented. However, the unpermitted discharge of untreated. wastewater has the potential to adversely impact natural resources. 2) The duration and gravity of the violation; As documented in Attachment A. 3) The effect on ground or surface water quantity or quality or on air quality; None documented. However, the unpermitted discharge of untreated wastewater has the potential to adversely impact surface waters. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; Not suspected to be willful 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 Prior SSOs reported and addressed. 8) The cost to the State of the enforcement procedures. S128.16 11/10/2020 Date DtaouSigrr+ed by: A14CC681AF27425.,. W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ