WQCS00002_DV-2021-0040 Green Card_20210322

ROY COOPER
MICH.EL 5. REGrAN
Jvc rrr:+ry
S. DANIEL SMI rH
IJr{. Jr
Certified i<lail # 7017 2680 0000 2219 4681
Return Receipt Recitiesttci
Robert hIasscngill, Director Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
STArc;
1
rJOR II (: I-:' LIMA
Environmental Quality
.March 2?, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina Cieneral Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00002
City of Raleigh
Ralci zh Collection System
Case No. DV-2021-0040
Wake County
Dear Mr. Nlasscng i11:
3 3/ z --
This letter Transmits a Notice of Violation and assessment of civil penalty in the amount of S2,036.57 (S2,000.00 ci\ it penally
+ $36.57 enforcement costs) against the City of R;ilcieh.
This assessment is basal upon the lbllowinu facts: a review has been conducted oldie Sanitary Scw er Overflow (SSO)
5-Day Report submitted by City of Raleigh. This review has shown the subject fsicilits to be in'iolation of'tlic requirements
found in Collection System Permit No. WQCS00002 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, I conclude as a matter of law that City of Raleigh N iolated the terms, conditions or
requirements of Collection System Permit No. WQCS00002 and G.S. I43-215. I (a)(I) 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 with authority provided by the
Secretary of the Department of Environmental Quality and the Director oldie Division of Water Resources, 1, Scott
Vitison, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Raleigh:
S2,000.00 For 2 of the 3 violations of Collection System Permit No. WQCS00002 and G.S. 143-215.! (a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
S2,000.00 TOTAL CIVIL PENAL'I'V
$36.57 Enforcement Costs
S2,036.57 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 Law and the factors set forth at G.S. 14343-2S2.1(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 damagge;
(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 tite !Environmental
iIanageinent Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
1� ithin 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 Nvritten request for an adminisirati' c hearing
Option 1: Submit payment of the penalty:
Payment shoukl be made directly to the order of the Department of Environmental (do not incluwk° waiver
Ju1711). PiPa3.inent of the penalty will not forcclotic lurthcr cnfnrccmcnt action for an\ contliitiinu or new \ 1olatio11(s)_
Please submit payment to the attention of;
Attn: P1_RCS Branch
Division of Water Re.,otirccs
1617 Mail Sen. ice 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 aN‘ are that a request for remission is limited to consideration of the five (actors 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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver er 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 143I3-282.1(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) w hethe.r 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 ex idence presented in support of your request for remission mist 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 14 ill provide details recording the case status, directions for payment, and
provision for further appeal of the penalty to the I_nvironmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part oldie
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 ofRight to an Administrative Hearing. and Stipulation of Facts" form within thirty 001 days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Rcqucst.-
Both forms should be submitted to the fullowing address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Scrviee 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 27699-1 62S

Option 3: File a petition for an administrative hearing with the Office of Administrative I Icarinos:
If you wish to contest any statement in the attached assessment document, you must file a petition for all 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 llenrings during normal office hours. The Office of Administrative
1-learings accepts filings Monday through Friday between the hours of S: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 filing fee (ifa filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business clays following the faxed or electronic transmission. You
should contact the Office of Administrative I Icarings itlt 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 I iearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
I4Ir. William F. Lane, General Counsel
Department of En% ironlnental 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 ofthe options above within thirty (30) days of receipt of this letter, as e\ idcnced 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 \ iolations
that occur alter the review period of this assessment.
If you have any questions, please contact Mitchell I laves with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via entail at mitch.hayesW nedenr.goy.
Sincerely,
ie Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division ofWaterResources, NCDRQ
A`1"1'ACl IM ENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserf ichc

Case Number: DV-2021-0040
Assessed Party: City of Raleigh
Permit No.: WQCS00002
JUSTIFICATION FOR REMISSION REQUEST
County: Wake
Amount Assessed: S2,036.57
Please use this thrill when requesting remission of this civil penalty. You must also complete the "Request For Rentivsion,
Waiver of Right to an Administrative Hearing, and Stipulation o/ 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 fix e
factors Bled below' as they may relate to the reasonableness or 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. § 1=1313-282.1(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 t0 why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. I43I3-282.I (h) were wrongfully applied to the
detriment of the petitioner (the as,e,Ssnici t lirc-tor•s are listed in the civil / italtl assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting fromthe violation (i.c., ctlkl(rin the
steps that you took to correct the violation and l}rercnt /iurrrc' occurrent-4.$);
(c) the kiolation was inadvertent or a result of an accident (i.e., explain airy the viol
utiuu was ruraruidcrhle or
something you could not prevent or prepare fin);
(d) the violator had not been assessed civil penalties for any previous \ iolalions;
(e) payment of the civil penalty «ill prevent payment for the remaining. necessary remedial actions (i.c'.. cihluin
hole' payment of the civilI7e11(ilty it ill prevent i'urr fi'Onn cerlr)rnring IA; nece.V'scn•i' to achieve
compliance).
EXPLANATION:

STATE OF NORTI I CAROLINA DEPARTMENT OF I:.NVIRON\II?N FAL QUALITY
COUNTY OF WAKE
IN TI'IE MATTER OF ASSFSSMVIENI'
OF CIVIL PENALTIES AGAINST
City of Raleigh
Raleigh Collection System
PI RMII I. NO. WQCS00002
WAIVER OF RIGHT TO AN
AD1IINISTRA7 IVE HEARING ANI)
STIPULATION OF FACTS
CASE NO. I)V-2021-00-10
laving been assessed civil penalties totaling S2,036.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated itlarch 22. 2021. the undersigned, desiring to seek remission oldie civil penalty, does
hereby ak c 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 C\ idcncc presented in support of remission of this cl\ it
penalty must be submitted to the Director of the Division of Water Resources w ithin thirty (30) days of receipt of the notice
of assessment. No new evidence in support ol'a remission request will be allowed after (30) days from the receipt of'the
notice of assessment.
This the clay of . 20
ADDRESS
SIGNATURE
'1'I:L.I:I'I IONI:

PERMIT NO: WQCS00002
FACILITY: Raleigh Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
ATTACHMENT A
City of Raleigh
CASE NUMBER: DV-2021-0040
VIOLATION DESCRIPTION
REGION: Raleigh
COUNTY: Wake
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202003448 12/9/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit
58,544 S1,000.00
202003538 12/23/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit
39,000 S1,000.00
202003591 12/30/2020 CSOISSO(Sewer Overflow) Discharge without valid permit 780 S0.00

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