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HomeMy WebLinkAboutWQCS00002_DV-2021-0034 w green card_20210322ROY COOPER h1ICH,-\EI. S. REGAN S. DANIEL S11ITH h,r Certified Mail # 7017 2680 0000 2219 4636 Return Receipt Requested Robert NIassenuill, Director of Public Utilities City of Raleigh PC) Box 590 Raleigh, NC 27602-0590 PJ-:Fi I IF CAROL if+A Environmental Quality March 22, 2021 SUB.i1:C I : 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. \VQCS00002 City of Raleigh Raleigh Collection System Case No. DV-2021-0034 Wake County Dear Mr. i\Iassengill: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S3,536.57 (S3,500.00 civil penalty S36.57 enforcement costs) against the City of Raleigh. 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 Raleigh. This reviell has shown the subject facility to be in violation of the requirements Icaind in Collection System Permit No. \VQCS00002 and Ci.S. 1=43-215.1(a)(1). 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 City of Raleigh violated the terms, conditions or requirements of Collection System Permit No. WQCS00002 and G.S. 143-213.1(a)(1) in the m,tmuner and extent shown in Attachment A. In accordance with the maximums established by G.S. I43-215.6A(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. 143-2I 5. I (a). + • - .., Based upon the above findings of fact and conclusions ()Claw, and in accordance with authority provided by the Secretary or the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Scott Vinson, Regional Supervisor, Ralcigli Regional Office hereby make the following civil penalty assessment against City of Raleigh: S3,500.00 For 3 of the 9 violations of Collection System Permit No. WQCS00002 and G.S. 1 43-2I 5. l (a)(1) for Sanitary Sewer Overflow (s) resulting in a discharge without a valid permit. S3 500.00 TOTAL C1V1L PENALTY S36.57 Enforcement Costs S3.536.57 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in detcrmininu the amount of the penalty l have taken into account the Findings of Fact and Conclusions of' Law and the factors set forth at G.S. 14313-282.1(b), «•hick 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 ' iolation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damaue; (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) `I he 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 administrati‘c licarinu Option 1: Submit payment of the penalty : Payment should be made directly to the order oldie Department of Environmental Quality" (do not iuclud +uuirw• .f) '1)r). Payment of the pcnal'.v mill not foreclose further enforcement action for any continuing or new x iolation(s). Please submit payment to the attention of: Attn: PI:RCS Branch Division of' Water Resources I617 Mail Ser% ice Center Raleigh, North Carolina 27699-1617 Option 2: Submit a ritten 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 live 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 orally 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 di,putc. 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.l (b) was wrongfitlly 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 \ iolations; 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 \,Vater Resources will review your evidence and inform you of his decision in the natter of your remission request. The response will provide details rc<<arclin2 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, vou must complete and submit the enclosed •'Request for Remission of Civil Penalties, Waiver of Right 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 forms should be submitted to the follow int: address: Attn: PERCS Branch Division of Water resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND Scott Vinson, Regional Supervisor 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 administrative hearin_ with the Office of Administratis e Ilearin2s: 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 I Iearings. You must file the petition with the Office of Administrative Ilearings within thirty (30) days of receipt of this notice_ A petition is considered tiled when it is received in the Office of Administrative 1-iearing's during normal office hours. The Office of Administrative Icarings 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 Zile (with restrictions) - provided the signed original, one (1) copy and a tiling fee (ifa filing fee is required by NCGS §16013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You should contact the Office of Administrative I Icarings with all questions reuarding the filing fee and'or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Acministrative I Icarings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (91 9) 431-3000 Fax: (919) 431-3100 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 Raleiuh, 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 ex idenced 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. ('lease be ads ised that additional penalties may he assessed for violations tint occur after the review period of this assessment. If you have any questions. please contact Mitchell 1 laves a itli the Dix ision of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at miteh.hayes a nedenr.uox. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Dix ision of Water Resources, NCDEQ A`lT ACI IMIL:NI'S Cc: WQS Raleigh Regional Office - Enforcement File Laserliche Case Number: 1)V-2021-003-1 Assessed Party: City of Raleigh Permit No.: WQCS00002 JUs-1'IFIC,\'1 1ON FOR RENIISSION RI:ou[s'I` Count3: Wake Amount Assessed: S3.536.57 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remivsnlrr, ff irirc'r• of Right to an ilclministrcztive Hearing and ,S'tilurlcrtion of Facts" fornl 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 (lithe 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 oldie factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143I3-282.1 (c), remission ofa 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. 14313-2S2.1(b) were wrongfully applied to the detriment of the petitioner (the assessment,/actors env listed in the civil penalty assesslueru document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., r_iplcrin the steps thdit von took to correct the violation urrclllrevent fiuurc occinTe zc,'cx); (e) the violation was inadvertent or a result of an accident (i.e., explain uhr the violation ii'a8 unavoidable or •soi icthiug rozr could not prevent orlircf/tare for); (c1) the violator had not been assessed ci% i1 penalties for any previous t iolations: (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.r.. explain how payment o/'the civil penalty will prevent you from lierfinming the activities ue'ce!r.rury to achieve compliance). EXPLANATION: STATE or NORTH CAROLINA DEPARTMENT Or IENVIRONMENTAL QUALITY COON FY OF WAKE IN THE MATTER OF ASSESSMENT OF CIVII. PENALTIES AGAINS-I' City of Raleigh Raleigh Collection System PERMIT NO. WQCS00002 W1'AIVER OF R1G1I`1' TO AN ADiIINIS'I'R4TlVI; DEARING AND STIPULATION OF ('ACTS CASE NO. 1)V-2021.003-1 1 Iaving been assessed civil penalties totaling. S3,53(.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 22, 2021, 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) da> s ol'receipt of the notice of assessment. No new evidence in support of a remission request will be allowed alter (30) days from the receipt oldie notice of assessment. This the day,of , 20 ADDRESS '1'I:LI:PIIONI: SIGNATURE ATTACHMENT A City of Raleigh CASE NUMBER: DV-2021-0034 PERMIT NO: WOCS00002 FACILITY: Raleigh Collection System Other Violations REGION: Raleigh COUNTY: Wake INCIDENT VIOLATION TOTAL VOLUME PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT 202002900 11 /212020 CSO/SSO(Sewer Overflow) Discharge without valid permit 12,750 $750.00 202003126 11/12/2020 CSO/SSO(Sewer Overflow) storm event 22,448 $0.00 202003127 11/12/2020 CSO/SSO(Sewer Overflow) storm event 56,000 $0.00 202003121 11/12/2020 CSO/SSO(Sewer Overflow) storm event 57,230 S0,00 202003123 11/12/2020 CSO/SSO(Sewer Overflow) storm event 77,200 $0.00 202003125 11/12/2020 CSO/SSO(Sewer Overflow) storm event 87,780 50.00 20/003184 11/13/2020 CSO/SSO(Sewer Overflow) storm event 900 50.00 202003270 11/15/2020 CSO!SSO(Sewer Overflow) Discharge without valid permit 242,000 $2,250.00 • 202003373 11/28/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit 4,450 $500.00 1 1 2 IYj ll 2 C ihm Nlr o oo o o o a 9E9h 6T22 0000 0992 LOL if 214 n❑ a O sall :WA% c50 00❑ m 6, ;mm, m o mo E d� co Am 0._ r C YO z u O = CO 0 .- c 6.27 G '- �v= N. sg_ V '0r a ¢G v=N — 1`. 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