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HomeMy WebLinkAboutWQCS00125_Regional Office Historical File Pre 2018 (5)ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH norector Certified Mail # 7018 3090 0001 2328 4679 Return, Receipt Requested W Del Eudy, Mayor Town of Mount Pleasant PO Box '787 Mount Pleasant, NC 28124-0787 NORTH CAROL A Environmental QualltY November 05, 2020 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, WQCS001.25 Town of Mount Pleasant Mount Pleasant Collection System. Case No. DV-2020-0147 Cabarrus County Dear Mayor Eudy: This letter transmits a Notice of Violation and assessment of civic Penalty in the amount of $628.16 ($500.00 civil penalty + Si'28.1 6 enforcement costs) against Town of Mount Pleasant.. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report, submitted by Town of Mount Pleasant. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQC'SOO125 and G.S. 143_215.1(a)(1), The 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 Town of MMount Pleasant violated the tenns, conditions or requirements of Collection System Permit No. WQCS001.25 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. 143-21.5.6A(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. 1.43-215.1(a). .ms.nt of Ertr^yr+ er^ta'- Qia°t; of Water Reamaroes Office 61 Eau Center Ave Seta 301 { ';o'esvn ea NC It Ca ?t ased 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 civi] penalty assessment against Town of Mount Pleasant: $500.00 For 1 of the 1. violations of Collecti.on .System ,Permit No. WQCS00125 and G,S, 143-215. (a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. i500.00 TOTAL CIVIL PENALTY $128.16 Enforcement Costs $628,16 TOTAL AMOUNT DUE Pursuantto G.S. 143-215.6A(c), in determining the amount ofthe penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1,43B-282.1(b), which are: ( I) '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; ,11) l'he duration and gravity of the violation; (3) The effect on ,ground or surface water quantity or qua1it or an 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 fi:ll-m) 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 27699-16'17 Option 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 listedbelow- 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 docu,m.ent. 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 civilpenalty assessment factors in NCCIS 143B-282.1(b) was wrongfully applied to the detriment ofthe 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 or the rern.aining 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 retnission request, T he 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. There -fore, 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 .substiit the enclosed "Rer: uest for Remission ofCivil Penalties Waiver of Ri 1- to an Administrative llearing, and Stipulation. of Facts'jfl)fl) withinijrtj 0dasofreceipt of this nti-e. Th.- i ision of Water Resources also requests that you complete analanduiniit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Attn: PFRCS 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 2811.5 Option 3: File petition for an administrative hearing the Office of Administrative Hearings: .if you, wish to contest any statement in the attached assessment docurn.ent 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 IN/for:lay 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 andior 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 .., .cop y of the petition must also be served on DEQ as fol. Mr. William F. Lane, General Counsel Department of Environ.m.ental 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 he advisedthat additional penalties may he assessed for violations that occur after the review period of this assessment. If 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 email at michael.meilingerAncdenr.gov. Sincerely, DocuSigned by: .A14CC681AF27425.., 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 PERCS Compliance/Enforcement Unit - Enforcement File US"1'1F CATION FO RE l SS Rlf ULST Case Number: I)V-2O20-0147 Assessed Party: Town of Mount Pleasant Permit No.: WQCS00125 County: Cabarrus Amount Assessed: S628.16 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of .Right 10 an Administrative Hearing, and Stipulation of Fucts" 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. § 143I3 282.1(c), remission of a civi 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 ease 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 its N,G,U,S. 143B-2822.1(b) were wrongfully applied to the detriment of the petitioner (the assessment f tors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environrnental damage resulting from the violation (a.., explain Ih steps that vou took to correct the ation and prevent future occurrences): (c) the vitiation vvas inadvertent or a result of an accident ( something you could not prevent or prepare Jeer); (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., es how payment c)f the civil penalty will prevent vau,frum ,cae,Jirrming tf activattl's necessary to achieve compliance)_ EXPLANATION: _lain violation was unavoidable or STATE OF NORTH CAROLINA DEPAREMENT OF ENVIRONMEN1 AL QUALITY COLINEY OF CABARRUS IN THE MATTER OF ASSESSMENT OF PENALTIES AGAINST Town of Mount leasant Mount Pleasant Collection System PERM I r NO. WQ(S00125 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEA1 NG AND STIPULATION OF FACTS CAST NO. DV-2020-0147 Having been assessed civil penalties totaling S628,16 for vfolation(s) as set forth in the assessment document of the Division of Water Resources dated November 05„2020, the undersigned, desiring to seek remission, of the Cis il penalt), does hereby waive the right to an administrative hearing in the aboveistated 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 nonce of assessment. This the day t8f , 20 ADL)RESS SIGNATURE TEL EPHONE PERMITWOCS00125 ArrAcH ENT A Town of aunt Pleasant CASE U : - 0- 1 7 FACILITY: Mount Pleasant Collection System Other Viol ions INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE 202001307 4/ 0/2020 CSO/SSO(Sewer Overflow) REGION: Mooresville COUNTY: Cabarrus TOTAL VOLU VIO TION DESCRIPTION(GALLONS) Discharge without validpermit 18,000 PENALTY AMOUNT 0 00 ROY COOPER MICHAEL S. REGAN sew S. DANIEL SMITH Director Certified Mail # 7018 3090 0001 2328 4679 Return Receipt Requested W Del Eudy, Mayor Town of Mount Pleasant PO Box 787 Mount Pleasant, NC 28124-0787 SUBJECT: NORTH C;AROLINA Environstertal Quality November 05, 2020 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina. General Statute (G.S.) 143-215 and Collection System Permit No. WQCS00125 Town of Mount Pleasant Mount Pleasant Collection System Case No, DV-2020-0147 Cabarrus County 6 Dear Mayor Eudy: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $628.16 ($500.00 civil penalty + $128,16 enforcement costs) against Town of Mount Pleasant. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Mount Pleasant. This review has shown the, subject facility to be in violation of the requirements found in Collection System Permit No, WQCS00125 and G.S. I43-215.1(a)(1). The 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 Town of Mount Pleasant violated the terms, conditions or requirements of Collection System Permit No. WQCS00125 and G.S. 143-215. i (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). Based upon the above findings of fact and conclusions of law, and in accordance tNith authority provided by the Secretary ofthe Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Town of Mount Pleasant: $500.00 For 1 of the 1 violations of Collection System Permit No. WQCS00125 and G.S. 143-215.1(a)( I) for Sanitary Sewer Overflow() 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. 43-215,6A(c), in determining..the amount of the penalty 1 have taken into, account the Findings of Fact and Conclusions of law and the factors set forth at G.S. 143.B-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 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 i1lfu1Iy or intentionally; (7) 17 he 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 aol .+.1e/i4cie orm) 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 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 civilpenalty 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, Becausea 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 civilpenalty 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 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 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 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 ssio 'au mus on .e and submit the enclosed "Request for Remission of Civil Penalties, Waiver of 13,ight to an Administrative Hearing, and Stipulation of Facts" fo n within thirty (30) da •s of recei -thi notice. The Division of Water Resources also_requests that 'OU COn 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 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 281.15 Option 3: File a petilion for an administrative hearing with the 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 Hear ings. 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. 'I -he petition may be tiled 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 withall questions reg,arding the filing fee andfor the details of the filing_process. The mailing address and telephone and fax numbers for the Office of A.dministrative Hearings are as follows: 6714. Mail Service Center Raleigh, NC 27699 671.4 Tel: (919)431-3000 Fax: (919) 431:3100 ) copy o.''the petition must also be served on DLQ as .follows: Mr, William F. Lane, General Counsel Department of .t.nvironmental Quality 1601 Mail Service Center Raleigh, North Carolina 276991601 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 of Water Resources staff of the Mooresville Regional Office at (704) 235-2183 or via email at michaeLmeilinger@ncdenr.gov. Sincerely, DocuSigned by: AUCC681AF27,425,.. 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 MRCS Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-20:20-0147 Assessed Party: Town of Mount Pleasant Permit No.: WQCS00125 County: Cabarrus 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 whetherthe 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 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 of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detrimentof 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 .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 f r),• (d) the violator had not been assessed civil penalties for any previous vi a ns; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions 0„e,, explain how payment of the civil pena1t i ill prevent yourom perfOrming the aC(ivities necessary to achieve compliance)„ EXPLANATION: F (» NORTII(ARt'. INA 0E,PAI I v'EE: 1 OF EN R0Ndvll,fiti Al t t,..IAL.I t TY F RRUS EN IFHE MA'I"`I'FR OF ASSESSMENT tMI CIVIL. PENAL:DES ACIAINS'I` Town of Mount Pleasant Mount Pleasant Collection System PE:RMI"T"NO,'4't t: O0f2a WAIVERRIGHT TO AN ADMINISTRATIVEHEARING AND STIPULATION OF FACTS CASE NO. I "-2020-0 47 E laving been assessed civil penalties totaling 2 . E 6 for viol< tset forth in the assessment document of the Division dater Resources dated November Om 2020, the undersigned, desiring to seek rcrn ssion of the CM penalty, does hereby ive 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 roust he submitted to the Director of the Division of Water Resources within thirty ( 30) days or receipt of"the notice ofassesstnent, No goy evidence in support ol`a remission request s°i l be allowed after (30) days from tile receipt of"the notice 0 assessn e t. Tl day of ADDRESS I: PI tC11L AI(IRI ATTACHMENT A Town of + nt Pleasant CASE NUMBER: - 020-01 7 PE IT NO: WQCS00125 FACILITY: Mount Pleasant Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION REGION: r ville COUNTY: Cabarrus TOTAL VOLUME E PENALTY (GALLONS OUNT 020 1 0'7 4/3072020 SOISS (S ,t.,-r Ove o} Discharge without valid permit 18 ;0 00 OD NOV/NO SSO EVALUATION ROUTING SLIP PEMITTEE: TONY: CHAEL ANDRE COREY DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT Violator; Town of Mount Pleasant Facility Name: Mount Pleasant Collection System Permit Number: WQCS04125 County: Cabarrus Case Number: DV-2020-0147 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 natural resources. 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 intentional. 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 assessed. 8) The cost to the State of the enforcement procedures. $128.16 11/5/2020 Date DocuSigned by: A14CC681 AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ