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HomeMy WebLinkAboutWQCS00046_Regional Office Historical File Pre 2018 (5)R©Y COOPER Governor MICHAEL S. REGAN Secre q S. DANIEL SMITH Director Certified [Flail # 7018 3090 0001 2328 4662 Begirt Receipt Ri taa sailed Adrian T li'ller City of Belmont PO Box 431 Belmont, NC 28012 SUBJECT: NORTH CAROLINA Environmental Quality November 2020 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-21.5.1(a). 6) and Collection System Permit No. WQCS00046 City of Belmont Belmont Collection System. Case No. DV-2020-0145 Gaston County Doris yrlr Miller: This letter transmits a Notice. of Violation and assessment of civil penalty in the amount of $378.16 ($250.00 civil penalty + $1.'28.16 enforcement. cost.) against City of Belmont. This assessment is based upon the folio%v'ing facts: a review has been conducted ©f f the liSaty ni beo in vjer iolation of ow, (SSO) 5-Day Report submitted by City of Belmont. This review has shown the subject requirements found in Collection System Permit No. WQCS00046 and G.S 143-'215.1(a)V 1 }. The violation(s) that occurred are :summarized in Attachment A to this letter. t e or Based upon the above facts, I conclude as a matter ty of GS.�14�3 ? 15.1(a)(1 elmont �initheem crier a,ndtex¢ nt shown in requirementsts of Collection System. Permit No QCS00046 and . civil penalty may be assessed e Attachment A. In accordance with the maxim�ums established, by G.S. 143 15.6A(a)(2), a against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-21,1(a). rct3 ei. Ens¢ r*z sver,4 _ ate SC11 Vco!esvu,, :1115 "^�-663•16a5 (4) (5) (6) (7) 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, L W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment. against City of Belmont: $250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00046 and G.S. 143-215.1(4)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. 50.00 $128.16 $378.16 TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penaltyI have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1438-282.1(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; 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. (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 for rn) . 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 tilir 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 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 penaltyassessment 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: ()) 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 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 violation.s; 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 he 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 ease 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. En order to request remission: you must complete and submit the enclosed ".L,eq_uesit. for Remission of Civil Penalties, Waiver of Riglit to anAdministrative llearinre and Stipulation of Facts" form within thirty (30) days of receipt of this_ _nice,. 'The Division, of Water Resources als' uests that .,ou complete and submit the enclosed "justification for Remission Request:" Both forms should be submitted to the 'following address: Attn: PERES 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 A.venue, Suite 301 Suite 301, Mooresville, NC 28115 Option 3: File a petition for an adrninistrathc hearin with the Office 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 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 tiled when it is received in the Office of Administrative Hearings during normal office liours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 ii...m. and :00 p.m., except for official state holidays. 'IThe 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 tiling fee is required by NCGS §1.5013-23.2) 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 reording the filing fee and/or the details of the tiling 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.1 ane, 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 le on the petition.. Failure to exercise one of the options above within thirty (30) days of receipt. of ibis 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 1Meilinger with the Division of 'Water Resources staff ofthe Mooresville Regional Office at (704) 235-2183 or via email at michael.m.eilinger@ncdenr,gov. Sincerely,. DocuSigned by: • A14CC681AF27425,_ W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCI)EQ ATTACHMENTS Cc: WQS Mooresville Regional Office - Enforcement File PERCS Compliance/Enforcement Unit Enforcement File Case Number: DV-202.0-0145 Assessed Party: City of Belmont Permit No.: WQCSO0046 'TO OR R i IIS 0. County,: Gaston Amount Assessed: i Ple ase use this form when requesting remission of this civil penalty, You uomu must also co ptete the "Reof quest . s civil penalty. ion, Waiver nj�Ri",r�ht to an Administrative Hearing, and Stipulation of Facts" e or You should attach any documents that you believe support your request andremission s rece s a y° limfor to Direct consideration consider o tetine evaluating your request for remission. Please be aware that a request factors listed below as they may relate to the reasonableness of the a nouflt of tchurred civil petal ac curacnalty ssess dxf Re u stinfactu<il g remission is not the proper procedure for contesting whether the of a stateme nts contained in the civil penalty assessment document. Pursuant to . l.G• �l§ase check2each fact issio you civil penalty may be granted only when one or more of the following five factor pp believe applies to your case and provide a detailed, explantttitari, including copies of supposing documents, as to why the factor applies (attach additional pages as needed) (a) one or more of the civil penalty assessment tractors in N C.in the cib penalty328.(zsscse rent wrongfully g ull y applied to the detriment of the petitioner (the assessnwfl(,factors are lmste (bl the la steps steps that promptly abated continuing el )0k to correct the violation aar� (c) the `viol tntion something you could not prevent or prepare onmental damage resulting from the v event j'itture occurrences); inadvertent or a result of an accident (i,e., explain:wh the iol:Minn was unav e (d) the violator had not been assessed civil penalties for any previous viotat:ors; (e) payment afore civil penalty will prevent payment for the re m:a to Ltg necessary s re e ial�.l acto ions (e., explain how payment of the ,ivi�l penalty will prevent you corn performing compliance). PLANATION: STATE OE NORTH CAROLINA COUNTY E GASTON D1 P RTivtENT 0 EN 'IFOND TE ITi t \I iTY IN THE MATTER RR OE ASST.,. MENT OE CE II. PENALTIES AGAINST City of Belmont Collection System PERMIT NO. WQCS00046 WAIVERF RIGHT TO AN Ti.:° TINE BEARING AND STIPULATION LATI R FACTS E NO. - O Q.III45 Slaving been assessed civil beimlti s totaiMg $378.16 for violation(s) set forth in the asses t ent doom en1 of the Oh of Water Resources dated November 05, 2020, the undersigned, desiring to seek rission 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 rtnderstands 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 w ill be allowed after (30) days Foil]. the receipt of the notice of assessment. I"his the day of ICINAT" =RE AI)I)RES TELEPHONE ATTACHMENT A City of Belmont CASE U V- 02 -014 PERIT NO: WOCS00046 FACILITY: la went Collection System Other Violetion. INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE 20200129 7 4/ 0/ .0 0 SOISSO(Sewer Over11OWW) VIOLATION IPTI I Discharge hOut valid perm REGION: Mocresvilie COUNTY: Gaston TOTAL VOLUME PENALTY (GALLONS) AMOUNT 4,050 $250,00 ROY COOPER Governor MICHAEL S. REGAN Sea$ory S. DANIEL SMITH Dirroctor Certified Mail # 7018 3090 0001 2328 4662 Return Receipt Requested Adrian T Miller City of Belmont PO Box 431 Belmont, NC 28012 NORTH CAROLINA EntinwtmeritaiNty 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. WQCS00046 City of Belmont Belmont Collection System Case No, DV-2020-0145 Gaston County Dear Mr, Miller: This 'letter transmits a Notice of Violation and .assessment of civil penalty inthe amount of $378.16 ($2.50.00 civil penalty + $128. 16 enforcement costs) against City of Belmont. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Belmont. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00046 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 City of Belmont violated the terms, conditions or requirements of Collection System Permit No. WQCS00046 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. 1.43-215 1(a). C"74" Met Q.4141,:is 04,VVCrft Of Wave ii:itrowrotS Mtantivio* R tOrwl Oftm 61.0 Etta Cettv .AtAvrN-t. Suiv 301 V oefesvOe., Pt t Csmook 28115 7044E3-1699 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, 1, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the :following civil penalty assessment against City of Belmont: $250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00046 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $250.00 $128.16 $.378.16 TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant. to G.S. 143-215.6A(c), in determining the amount of the -penalty have taken into account the Findings of Fact. and Conclusions of Law and the factors set forth at G.S. 14313-282.1(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) Subunit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submita 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)rtn), 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 161.7 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 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 1.43B-282.I.(b) was wrongfully applied to the detriment of the petitioner; () 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. Th,e Director of the Division of Water Resources will review your evidence aiid 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 statem.ent in support of your request for retnission, In order to request remission, you must complete and submit the enclosed "Request for Remission, of Civil Penalties Vviaiver of Ri. • n A.dministrative Hearity,. ancl Sti ulation of Facts" form within thirt 30. da. s of recej t notice. The Divisionof :ater 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 1.6.17 Mail Service Center Raleigh, North Carolina 27699-1.617 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 28115 Option 3: File a petition for an administrative hearing th the Office 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 Otlice 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 folios: 6714 Mail Service Center Raleigh, NC 276.99 6714 Tel: (919) 431-3000 Fax: (9'19) 4.31-3100 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 posttnark), 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. 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.meilinger(i4ncdenr.gov. Sincerely, DocuSigned by: A14CC681AF274.25._ 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 JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-1020-0145 Assessed Party: City of Belrnont Permit No.: WQCS00046 County: Gaston Amount Assessed: $378.16 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 inthe 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. 1.43B-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 e., explain the steps that you took to correct the violation and prevent -e 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 preparetor) (d) the violator had not been assessed civil penalties for any previous violations; (e) payment. of the civil penalty 'will prevent payment forthe remaining necessary remedial actions explain how payment of the civil penalty will prevent ; performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST (it of Belmont imont Collection. System PERMIT NO. WQ( S00046 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO, DV-2020-0145 Having been assessed civil penalties totality $378.16 tor violation(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 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 s0 be allowed after (30) days from the receipt of the notice of assessment, This the i) day of , 20 ADDRESS SIGNATURE TELEPHONE. PERMIT WQCS00046 FACILITY: Belmont CoCollection System Other ns ATTACHMENT A City of Belmont CASE NUMBER: DV-2 S-01 INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE REGION: Mooresville COUNTY: Gaston VIOLATION DESCRIPTION TOTAL VOLUME PENALTY AMOUNT (GALLONS) 202001297 / 0/2 201 CSO/S O(e r t v rtlow) Discharge `t t vat id - permit _ ,0 0 $250 00 SS0 EVALUATION ROUTING SLIP NOV/NO PERMITTEE: TONY: MICHAEL ANDRE C©REY DIV ISION OF WATER RESOURCES -- CIVIL PENALTY ASSESSMENT Violator: City of Belmont Facility Name: Belmont Collection System Permit Number: WQCS00046 County: Gaston Case Number: DV-2020-0145 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 intentionah 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. ) The cost to the Stat S128.16 11./5/2020 f the enforcement procedures. Date DocuSiagrred by: W. Corey Basinger, Regional. Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ