WQCS00011_DV-2021-0064_20210425

ROY COOPER
DIONNE DEW -GATTI
Scrrrr v
S. DANIEL SMITH
Dr.?: rfy.
Certified 1Jai1 # 7017 2680 0000 2219 5114
Return Receipt RecQuested
Rochelle D Small -Toney
City of Rocky Nlount
331 S Franklin St
Rocky Mount, NC 27802
CAPOI I�ZA
Environmental Quality
April 25, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-21 5. I (a)(6)
and Collection System Permit No. WQCS04011
City of Rocky Mount
Rocky Mount Collection System
Case No. DV-2021-0064
Edgecombe County
Dear Ms. Smal l- Coney:
This letter transmits a Notice of' Violation and assessment ofci%it penalty in the amount of Sl 286.57 (S1,250.00 civil penalty
+ S36.57 enforcement costs) against City of Rocky ;Mount.
This assessment is based upon the following facts: a review has been conducted oldie Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Rocky Mount. This review has show n the subject facility to be in violation oldie
requirements found in Collection System Permit No. \VQCS0001 1 and Ci.S. 143-215. I (a)(1). The violation(s) that occurred
are suntmariied in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter or law that C'i'.y of Rocky Mount violated the terms, conditions or
requirements of Collection System Permit No. WQCS0001 1 and G.S. 143-2 15.1(a)(1) in the manner an4,1 extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6_\(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).
�QE
ti�a rh Caro.i:n Dvp.t: in:cry c' FRY, nnC.9t I'Z,:(.Ln Di. 'tica,s('.tin7cr Rrsau. es
R.Jrigit l;rq.un..I C'!srr 3000 L.. I Ca U,!lc C4'ei:;i�. v,v th Cardin. 2;60g
:200

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, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Rocky Mount:
$1.250.00 For 1 of the 2 violations of Collection System Permit No. WQCS00011 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
S 1_t2sa..00
S36.57
$1,286.57
-TOTAL CIVIL PENALTY
Enforcement Costs
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. 143B-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 clo 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
Jornf). 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

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 14313-282.1(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 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. "I'lie
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 case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Cominittce). 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, you must complete and submit the enclosed -Request for Remission of Civil Penalties.
Waiver of Rittht to an Administrative I-leantt!. 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."
I3oth forms should be submitted to the followinig 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 hearing with the Office of Administrative Ilearinas:
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 filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
llearings 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 (ifa 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 I learings with all questions regarding the filing fee and/or the details of the
tiling process.
The mailing address and telephone and fax numbers for the Office of Administrative I learings 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 followvs:
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 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 Mitchell Hayes ith the Division of GVatcr Resources staff of the Raleigh
Regional Office at [phone] or via email at mitch.ha\es a ncdenr.gov.
Sincerely,
4%-z-)xt-
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
I7ivision of Water Resources, NCDEQ
AT -I ACHM ENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0064
Assessed Party: City of Rocky Mount
Permit No.: WQCS0001 I
County: Edgecombe
Amount Assessed: S I,286.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
If direr of Right to an Administrative Hearing, and Stipulation of Fact.," 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. § 14313-282.1(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
be liege 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 as.sessment_f'zctols are listed in thr: civil penalty assessment document);
(b) tl;e violator promptly abated continuing environmental damage resulting from the violation (i.e„ explain the:
steps that you !Ooh to correct the violation and prevent liaure occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain lt•hr the violation was unavoidable or
sonic' thing VOi1 cotdd not prevent or pr epen-e fig!);
(d) the violator had not been assessed civil penalties for any previous violations;
(c) payment oldie civil penalty will prevent payment for the remaining necessary remedial actions (i.e., e.lplain
holy payment of the civil penalty will prevent roc! front pi.rlortnim; thL' actiritie.v necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTI I CAROLINA DEPART MENT OF ENVIRONMENTAL QUALITY
COUNTY OF EDGECOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Rocky Mount
Rocky Mount Collection System
PERMIT NO. WQCS00011
) WAIVER OF RIGHT 7'O AN
) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
)
)
)
) CASE NO. DV-2021-0064
I Iaving been assessed civil penalties totaling S1,286.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 25, 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
day of , 20
SIGNATURE
ADDRESS
TELEP110NE

ATTACHMENT A
City of Rocky Mount
CASE NUMBER: DV-2021-0064
PERMIT NO: WQCS00011
FACILITY: Rocky Mount Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
REGION: Raleigh
COUNTY: Edgecombe
VIOLATION DESCRIPTION
202003546 12/24/2020 CSO/SSO(Sewer Overflow) storm event
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
28,200 $0.00
202100038 12/31/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit
18,000 $1,250.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Citv of Rocky Mount
Facility Name: Rocky Mount Collection System
Permit Number: WOCS00011
County: Edgecombe
Case Number: DV-2021-0064
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;
A total of 18,200 gallons overflowed from a manhole due to severe natural conditions and Ifl. All of the volume flowed int
Maple Swamp, class C; NSW in the Tar Pam River Basin. Increased nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 12.31.2020 at 11:30 pm and ended on 01.01.2021 at 10:00 am.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include risks to public health and increased nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
A cost of rectifying the damage was not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
DV-2020-0015, DV-2020-0089, DV-2020-0084.
8) The cost to the State of the enforcement procedures.
$36.57
45,1-4,:e 2-s: zzi.
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

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ROCHELLE D SMALL_TONEY
CITY OF ROCKY MOUNT
3315 FRANKLIN ST
ROCKY MOUNT, NC 27802
▪ DV-2021-0064: WQC500011: CITY OF ROCKY MOUNT
EDGECOMB COUNTY: NOV & ASSESSMENT OF CP
04/25/2021: MAILED: 04/27/02021: HAYES
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ROCHELLE D SMALL-TONEY
CEP OF ROCKY MOUNT
3315 FRANKLIN ST
ROCKY MOUNT, NC 27802
DV-2021-0064: WQC500011: CITY OF ROCKY MOUNT
EDGECOMB COUNTY: NOV & ASSESSMENT OF CP
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