WQCS00027_DV-2021-0036_20210322

ItOV COOPER
1`,11CFL;:L S. EF..GAN
S, D.A?IL L SMITH
Certified Hail # 7017 2680 0000 2219 4643
Return Receipt Requested
It Danieley Brown, CEO PE
Roanoke Rapids Sanitary District
PO 13ox 308
Roanoke Rapids, NC 27870
riok I i I CAROI ri.:
Cnvirantnentci! Quality
March 22, 2021
SIJI3JECI : 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. \\'QCS00027
Roanoke Rapids Sanitary District
Roanoke Rapids Sanitary District Collection System
Case No. DV-202l -0035
I Pali fax County
boar Mr. Brown:
-Phis letter transmits a Notice of Violation and assessment of civil penalty in the
S36.57 enforcement costs) against Roanoke Rapids Sanitary District.
This assessment is based upon the following facts: a review has been conducted
5-Day Report submitted by Roanoke Rapids Sanitary District. This re' iew has
of the requirements found in Collection System Permit No. \VQCS00027 and Ci
occurred are summarl,ed in Attachment A to this letter.
amount ofrS786.57 (S750.00 civil penalty +
of the Sanitary Sewer Overflow (SSO)
shown the subject facility to be in violation
.S. 143-215.1(a)(I ). The violation(s) that
Based upon the abo\ e facts, I conclude as a platter of law that Roanoke Rapids Sanitary District violated the terms,
conditions or requirements of Collection System Permit No. WQC S00027 and G.S. I43-213. I (a)(1) in the manner and
extent shown in Attachment A. In accordance w ith 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. I (a).

Based upon the above findings of Fact and conclusions of law, and in accordance w itli authority provided by the
Secretary of the Department of Environmental Quality and the Director or the Dig ision of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the followin2 civil penalty assessment against
Roanoke Rapids Sanitary District:
S750.00 For 1 of the 14 violations of Collection System Pennit No. WQCS00027 and G.S. 1=43-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a \ alid permit.
S750.00 TOTAL CIVIL PENALTY
536.57 Enforcement Costs
S786.57 TOTAL Ai1IOUNT DU1.
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findinus 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
result in2 from the violation;
(2) 'l'lte duration and gravity of the violation;
(3) 'I he effect on ground or surface water quantity or quality or on atr quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed will full}' or intentionally;
(7) The prior record of the violator in complying or Tailing to comply a ill) programs over which the Environmental
Management Commission has regulator-v authority; and
(8) The cost to the State oldie enforcement procedures.
Within thirty (30) days or receipt of this notice, you must do one oldie followinz
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrati‘ c hearing
Option 1: Submit payment of the pcnalth :
Payment should be made directly to the order of the Department of irunmcival Quality (do not rnchrac ita rcr
form). Payment of the penalty n ill not foreclose Iuiiher enforcement action fOr any continuing or ncNN \ iolation(5)_
('lease submit payment to the attention of;
Attn: 1'1=RCS 13ranch
Division of Water Resources
1617 Mail Scn ice C'cnter
Raleigh, North Carolina 27699-1617

Option 2: Submit a 1N'rittcn request for remission or mitigation including ai 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
proLcdure for contesting whether the violation(s) occurred or the accuracy ()fatly 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) w Nether one or more of the cik it 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 em irotunental 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) w hether 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 rev iew 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 hmironmcntal 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 xery 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 Clvi! Penalties,
Waiver of Rig_=ht to an Administrative I Iearini*, and Stipulation of facts" form within thirty (30) clays of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed -Justification for
Remission Request."
Both loans should be submitted to the follow ins, address:
Attn: PFRCS I3ranch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supers isor
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=2 with the Office of Administrative Ilcarin=ts:
If you wish to contest any statement in the attached assessment document, you must file a petition for an aclministratixe
hearing. You may obtain the petition form from the Office of Administrative 1 Iearin s, You must file the petition vitIi
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 ol'Administrati‘e 1 learinws during_ normal office hours. -I he Office of Administrative
1lcarings accepts ['lines 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 ori2ina1, one (1) copy and a filing fee (ifa filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seen (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative I Iearines with all questions reearding the filin+e fee and or the details of the
f ilia+= process.
The mailing address and telephone and fax numbers for the Office of Administrative I Iearin++s are as follows:
6714 Mail Sen. ice Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone] f)0
One (1) copy of the petition must also be screed on 1)1_Q as follows:
Mr. William F. 1_anc, Cieneral Counsel
Department of Hit\ ironmental Quality
1601 Mail Sera ice Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as RAMC! on pace 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
dateitime received stamp (not a postmark), will result in this matter being referred to the Attorney Cieneral's 011ice for
collection of the penalty through a civil action. Please be ad' iced that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell I [:ayes a kit the Di\ ision of Water Resources ol'the Raleigh
Regional Office at [phone] or via email at inatch.ltaves :r ncdenr.<un .
Sincerer.
L4A/,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Ralei+jh Re+eional Office
Division of Water Resources, NCUEQ
Al TACI I;V11NTS
Cc: \VQS Raleigh Regional Office - Enforcement hile
Laserf fiche

JUSTIPICATION FOR REMISSION RI:QUI:sT
Case Number: DV-2021-0035
Assessed Party: Roanoke Rapids Sanitary District
Permit No.: ‘\ QCS00027
County: Halifax
Amount Assessed: $786.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remivviou,
llirir.';- of Right to an : Ichuinistrativc Hearing., and Stipulation of !acts" 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 live
factors listed below as they may relate to the reasonableness of the amount of the cis it 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 4313-282.1(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 pros idle 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. 1.4313-252.1(b)' ere wrongfully applied to the
detriment of the petitioner (the avl'L'1Cnknt factors. dire listed in the penalty as .s.,nent document);
(b) the violator promptly abated continuing ens ironmental damage resulting from the violation (i.e., exlrlairt tier
steps that you took to correct the violation and prevent future occurrences);
(c) the violation W.as inadvertent or a result (Wan accident (i.e., c'xphtiu why the riolitt/oit was unavoidable or
soni.'thi,i you could not prevent or prei arL'for);
(d) the violator had not been assessed civil penalties for any previous violations.7
le) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., evrlairr
how payment (althe ct+iIllcu.tltr will prevent you front perIurluirlg the activities 1td'[s V,1•arr to achieve
Co1r 1I11 i; t rl ce).
EXPLANATION:

STATE OF NORTH CAROLINA DEI'ARTMIENI' OF ENVIRONMENTAL QUALITY
COUNTY OF IIALIFAX
IN TI IE MNITER OF ASSESSMENT
OF CIVIL PENAJ.TIES AGAINST
Roanoke Rapids Sanitary District
Roanoke Rapids Sanitary Dist Collection System
PERK t IT NO. WQCS00027
WAIVER OF RIGHT F0 AN
ADIIINISTR1'I'IVE HEARING AND
STIPULATION OF FACIS
CASE NO. DV-2021-0035
I laving been assessed civil penalties totaling_ S786.57 fort iolation(s) as set forth in the assessment document of the Division
of Water Resources dated March 22, 2021, the undersigned, desirin!! to seek remission of the civil penalty, does hereby wait
the right to an administrative hearing in the above -stated platter and does stipulate that the lads 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 (lithe Dit ision of Water Resources \%ithin thirty (30) diiys of receipt of the notice of
assessment. No new in idence in support of a remission request will be allowed alter (30) days from the receipt oI the
notice of assessment.
This the clay of , 70
SIGNATURE
URE
ADDRESS
i I I.1.1'f ION'I .

ATTACHMENT A
Roanoke Rapids Sanitary District
CASE NUMBER: DV-2021-0035
PERMIT NO: WOCS00027
FACILITY: Roanoke Rapids Sanitary Dist Collection System
Other Violations
REGION: Raleigh
COUNTY: Halifax
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202003097 11/12/2020 CSO/SSO(Sewer Overflow) storm event 6,000 $0.00
202003103 11/12/2020 CSO/SSO(Sewer Overflow) storm event 9,000 S0.00
202003091 11/12/2020 CSO/SSO(Sewer Overflow) storm event 9,900 S0.00
202003093 11/12/2020 CSO/SSO(Sewer Overflow) storm event 9,900 S0.00
202003033 11/12/2020 CSOISSO(Sewer Overflow) storm event
202003095 11/12/2020 CSO/SSO(Sewer Overflow) storm event
202003082 11/12'2020 CSO/SSO(Sewer Overflow) storm event
202003099 11/1212020 CSO/SSO(Sewer Overflow) storm event
202003098 11/12/2020 CSO/SSO(Sewer Overflow) storm event
10,500 50.00
15,600 50.00
15,750 S0.00
15,750 S0.00
16,200 $0.00
202003085 11/12/2020 CSO/SSO(Sewer Overflow) storm event
27,000 S0.00
202003096 11/12/2020 CSO/SSO(Sewer Overflow) storm event
46,500 S0.00
202003/00 11/12/2020 CSO/SSO(Sewer Overflow) storm event
52,500 50.00
202003101 11/12/2020 CSO/SSO(Sewer Overflow) storm event
63,000 50.00
202003306 11/17/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit 5,400 S750.00

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