WQCS00049_Remission Request (DV-2021-0141)_20210927

THE ' l_� PUBLIC WORKS DEPARTMENT
*— • •
r ReidSv�lle� 1100 Vance Street, Reidsville, North Carolina 27320
NORTII CAROLINA [phone] • Fax [phone]
RECEIVED
SEP 2 7 2021
September 22, 2021
NCDEQ/DWR/NPDES
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1917
Subject: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statue (G.S.) 143-215.1 (a) (6)
and Collections Permit No. WQCS00049
City of Reidsville
Reidsville Collection System
Case No. DV-2021-0141
Rockingham County
Dear DEQ, Division of Water Resources,
The City of Reidsville hereby requests a full remission of civil penalty for case No. DV-2021-0141
incident No. 202101250. We submit the following evidence to prove the City of Reidsville takes all
possible steps to prevent any violations of our permit No. WQCS00049.The evidence will provide insight
into this occurrence that proves the violation could not be predicted, was corrected with no lasting
effects on the environment, and steps have been taken to prevent any further occurrences at this
location.
Please consider the following explanations of the factors used to determine the reasonableness of a civil
penalty in this case:
(a) Factors as set forth G.s. 143B-282.1(b):
(1) Degree and extent of harm.
There were no immediate affects and there are no lasting negative affects to the
environment from this violation.The area has been inspected and monitored by both the
city and property owner. Safeguards have been put in place to prevent any further issues at
this location.
1

(2) Duration and Gravity.
The possibility of an extended duration for the event was greatly reduced by the quick
action of city employees. Mitigation actions such as immediately vacuuming the manhole
upon arrival were taken that further reduced the gravity of the situation.
(3) The effects on ground and surface waters and air quality.
The city took all steps possible to reduce the effects on ground and surface water. No effects
on aquatic animals or plants were found.
(4) Cost of rectifying damage.
All costs to rectify damage were borne by the City of Reidsville and the private property
owner.There has been no lasting damage as a result of this spill.
(5) Money saved by noncompliance.
There have not been any savings, nor reduction in funding that resulted in this violation.
(6) Violation committed willfully or intentionally.
There were certainly not any willful or intentional actions taken by the city that contributed
to this violation.
(7) Prior Record.
The City of Reidsville has a clear record in regards to compliance in the operation of our
collection system. Our maintenance activities greatly exceed the requirements of the
permit.
(8) Cost to the State.
Much like the city has expenses to maintain the collection system it has built,the state has
expenses to monitor and enforce the laws it creates.These costs, unless caused by wanton
or intentional disregard should be part of normal expenses.The City of Reidsville has not
intentionally caused any undue additional expense to the State of North Carolina.
(b) Prompt abatement and prevention.
Upon receiving the report of an overflowing manhole a city employee immediately checked the
situation.When he found the location of the SSO he called the flusher crew who came to the
location,vacuumed the manhole to stop the flow of water from the manhole, and flushed the
line to relieve the blockage.All spilled water possible was vacuumed from the curb and the area
cleaned.
It was determined that inflow of silt and debris from a private service line manhole located on
the private property of an industry was the contributing factor that caused the blockage. Map of
this area is attachment 4. I met with the Facility Manager of the plant(Tim Chitwood)and he
has been most helpful to take steps to prevent any further occurrence at this site. He has
installed an absorption boom around the manhole and set up a schedule for his employees to
check and keep the area clean around it.Two pictures of this area are included as attachments 5
and 6.
2

(c) The violation was inadvertent or an accident.
As noted in the response to the Notice of Violation on July 7, 2021, our flushing regiment greatly
exceeds the requirements of our permit.The lines in the vicinity of the SSO were flushed and
vacuumed 3 times in the year preceding the violation event and showed no signs of a problem
that could lead to a blockage. Flusher logs for this area are attachments 7-10.The industry that
was the source of the inflow wasn't aware that any material was getting into their manhole and
was causing any issues but this has been rectified.
(d) Civil penalties assessed for prior violations.
To my knowledge the City of Reidsville has not received a penalty for any prior violations, of
which there have been few. We work very hard to prevent any violations of our permit and feel
a violation for this event is unjust.
(e) Payment of penalty will prevent necessary activities for compliance.
The City of Reidsville has no funds budgeted for fines or penalties. Any funds used to pay a civil
penalty will come from the Collection System operations budget directly affecting the ability to
purchase materials and services necessary for compliance.
In closing, please consider the aforementioned information to conclude that the City of Reidsville has
done, and continues to do, all possible to ensure the compliance of our collection system permit and
that a civil penalty isn't necessary, is unwarranted, and would place undue hardship upon the city. We
cordially request a full remission of the civil penalty in this case.
Sincerely,
di/PrurL
Lindsey Tuttle
Public Services Superintendent
City of Reidsville
230 W. Morehead St.
Reidsville, NC 27320
Cc: Summer Woodard
City Manager
City of Reidsville
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section, NCDEQ
Attachments:
1. Justification for Remission Form
2. Waiver of Right to an Administrative Hearing and Stipulation of Facts Form
3. Attachment A, Case Identification Form
4. Area Map
5. Subject private manhole with Boom
3

6. Area around private manhole
7. Flusher log,June 2020
8. Flusher log,June 2020
9. Flusher log, September 2020
10. Flusher log,January 2021
4

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0141 County: Rockingham
g
Assessed Party: City of Reidsville
Permit No.: WQCS00049 Amount Assessed: $889.11
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).
I (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:

tto,Jnry 2-
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ROCKINGHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Reidsville )
Reidsville Collection System )
PERMIT NO.WQCS00049 ) CASE NO. DV-2021-0141
Having been assessed civil penalties totaling$889.11 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated August 27,2021,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 e.F.ke.n'-`bef, 20aJ
SIGNATURE
IEC t E
ADDRESS
C t .1 oc
NCDEQIDwRINPDES a3 W, m pfel,,e ch CI 5+,
Reic)svillei NC
TELEPHONE
33c0• 39 \ -- 107 7

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ATTACHMENT A
City of Reidsville
CASE NUMBER: DV-2021-0141
PERMIT NO: WQCS00049 REGION: Winston-Salem
FACILITY: Reidsville Collection System COUNTY: Rockingham
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202101250 4/23/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 5,000 $750.00

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