HomeMy WebLinkAboutWQCS00027_DV-2021-0035 Remission Request_20210430 �pKE Rq P.O.Box 308
1000 Jackson Street
oP io Roanoke Rapids,NC 27870
�11 Roanoke Rapids Sanitary District (252)537-9137
Sanitary Fax: (252)537-3064
�4-.0), o1s„it www.rrsd.org
April 30, 2021 RECEIVED
CERTIFIED MAIL: 7005 3110 0001 6339 1794 APR 3 0 2021
RETURNED RECEIPT REQUESTED NCDEQ/DWR/NppEg
ATTN: PERCS Branch
North Carolina Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: Notice of Violation and Assessment of Civil Penalty
Case No. DV-2021-0035
Roanoke Rapids Sanitary District Wastewater Collection System
Wastewater Collection System Permit Number: WQCS00027
Halifax County
To Whom it may concern,
Please be advised that the Roanoke Rapids Sanitary District requests remission of the civil
penalty in the amount of$786.57. Please find enclosed the Justification for Remission Request
and Waiver of Right to an Administrative Hearing and Stipulation of Facts, as requested.
The District believes the cause of this sanitary sewer overflow to be a result of vandalism, as
building construction materials were removed from the sewer main. The blockage was
immediately cleared, and the mains were CCTV inspected. There were no evident damages
within the collection system that would contribute to the SSO. There were also no evident
damages to the collection system resultant from the vandalism.
The Roanoke Rapids Sanitary District greatly appreciates your time and consideration in this
matter. Should you require additional information, please do not hesitate to contact me.
Very Truly Yours,
R. Danieley Brown, .E.
Chief Executive Officer
Enc: Justification for Remission Request
Waiver of Right to an Administrative Hearing and Stipulation of Facts
CC: Scott Vinson, Division of Water Resources
Gregory L. Browning, Chairman
David W. Scott, ORC
File
CollectionResponse4.30.21PenaltyRemission2.doc Page 1 of 1
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0035 County: Halifax
Assessed Party: Roanoke Rapids Sanitary District
Permit No.: WQCS00027 Amount Assessed: $786.57
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 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 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. 143B-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(i.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 for);
(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., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
it is of the opinion of the Roanoke Rapids Sanitary District that this Sanitary
Sewer Over-glow was a result ofvandalism. District forces removed building construction
materials from the sewer main that caused the back-up and subsequent overflow.
The bl_ockaRe was immediately removed and no evidence of damage was found.
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HALIFAX
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Roanoke Rapids Sanitary District )
Roanoke Rapids Sanitary Dist Collection System )
)
PERMIT NO. WQCS00027 ) CASE NO. DV-2021-0035
Having been assessed civil penalties totaling$786.57 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) 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
notice of assessment.
This the 30+�' day of April ,20 Z I
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RECEIVED SI ATURE
APR 3 0 2021 ADDRESS
p.
NCDEQ/DWR/NPDES fax 3os
Roanoke_ Rapic s,At 27 sW
TELEPHONE •
(z5z) 537-. q J37 x 22-5