WQCSD0132_Enforcement (Other)_20050413

3 _
LI1
3 2005
STATE OF NORTH CAROLINA IN THE O
ADMINISTRATITYSECTION
COUNTY OF RUTHERFORD 04 EHIONAL OFFICE
CAROLINA WATER SERVICE, INC. )
OF NC, )
Petitioner, )
V. )
N.C. DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, DIVISION )
OF WATER QUALITY, )
Respondent. )
CONSENT AGREEMENT AND SETTLEMENT
The Petitioner, Carolina Water Service Inc. of North
Carolina ("Carolina Water Service") and the Respondent, "North
Carolina Department of Environment and . Natural . Resources,
Division of Water Quality ("DWQ") , hereby enter into this Consent
Agreement and Settlement ("Agreement") in order to resolve
matters in controversy between them pursuant to N.C.G.S. § 150B-
31(b) . .
This above-captioned matter arose out of an assessment of
civil penalties ,and enforcement costs in the total amount of two
thousand six hundred dollars ($2, 600) made by the DWQ against
_ Petitioner in enforcement case. DV-2004-0010 . The subject
�d. Eallol. October 2004 and described violations of
s
215.1C, and 15A N.C. Admin. Code 2 H
SUEANNA P. SUMPT lle ed amongother things: first, that
ASSISTANT ATTORNEY GENERALL g �
STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE - WESTERN OFFICE
TEL: [phone] 42 NORTH FRENCH BROAD AVE.
FAx: [phone] ASHEVILLE,NC 28801
E-MAIL ADDRESS:. [e-mail] - .

Petitioner was deemed permitted for a system-wide wastewater
collection system management and operation permit which did not
allow discharges of wastewater to the waters of the State;
second, that overflows from a pump station in Petitioner' s system
resulted in .unlawful discharges on 12 and 31 July 2004; and,
third, that Petitioner had failed to provide public notice of
such discharges . The assessment consisted of the following
amounts:
A. A civil penalty of $2,000 for one of two violations of
N.C.G.S. § 143-215 .1 and 15A N.C. Admin. Code 2H .0217;
B. A civil penalty of $500 for failure to issue a Public
Notice of the 12 July 2004 discharge as required by
N.C.G.S. §143-215 .1C; and
C. Investigative costs of $100 .
Petitioner timely commenced the above-captioned contested
case to challenge the assessment. In its filings, Petitioner
alleged, among other things : first, that the subject assessment
was made against the wrong party and should have been made
instead against CWS Systems, Inc. ("CWS Systems") , Petitioner and
CWS Systems being separate, although affiliated, corporate
entities; second, that the discharges described in the assessment
resulted from an act of God; and, third, that CWS Systems did
provide public notice of the discharges as required.
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Following commencement of the contested case, the parties
engaged in settlement negotiations which resulted in this
Agreement. During the course of such negotiations, Petitioner
provided to the Respondent an affidavit of publication tending to
show that, on ,20- and 21 July 2004, CWS Systems caused notice of
the 12 July 2004 discharge to be, published in the Daily Courier,
a newspaper published in the Town of Forest City, North Carolina-.
Further, during the course of settlement negotiations,
Petitioner provided to the respondent written materials tending
to show that CWS Systems is and was at all times relevant the
owner and operator of the facility at issue in this proceeding.
Without any trial of fact or law in the above-styled matter,
and without making any admissions, THE PARTIES AGREE THAT:
1 . With regard to the portion of the subject assessment
made for violation of N.C.G.S. § 143-215.1 and 15A N.C. Admin.
Code 2H .0217, Petitioner shall pay to the Respondent a civil
penalty in the amount of $1,000 and, with regard to the portion
of the assessment made for investigative costs, Petitioner shall
pay to the Respondent the amount of $100, yielding a total
payment amount of $1,100 . Payment shall be tendered to
Respondent at the time Petitioner executes this Agreement, shall
be in the form of a check made payable to the North Carolina
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Department of Environment and Natural Resources or "DENR," and
shall be forwarded to the following address :
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
42 North French Broad Avenue
Asheville NC 28801. .
2 Respondent, by its execution of this Agreement and
subject to its terms, rescinds that portion of the subject,
assessment made for violation of N.C.G.S. § 143-215.1C and agrees
to accept the sum of one. thousand one hundred dollars ($1,100) in
full satisfaction of the two thousand six hundred dollar ($2, 600)
assessment at issue in this contested case.
3. Petitioner, by its execution of this Agreement and
subject to its terms, withdraws its petition for contested case
hearing previously filed with the Office of Administrative
Hearings ("OAH") and explicitly waives its right to a contested
case hearing in this matter. Petitioner shall file a copy of
this Agreement with the Office of Administrative 'Hearings within
ten (1.0) days following full execution by both parties.
4. By entering into this Agreement, neither party makes
any admission of any kind.
5. Nothing in this Agreement shall restrict any right of
Respondent to take ' any enforcement action against Petitioner for
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o
any violations arising after the date of the subject assessment
in this matter.
FOR THE PETITIONER: FOR THE RESPONDENT:
HUNTON & WILLIAMS, LLP ROY COOPER
Attorneys for the petitioner Attorney General
By: By:
Christopher . Ayers Sueanna P. Sumpter
421 Fayetteville Street Mall, Assistant Attorney .General
Suite 1400 N.C. Department of Justice
Raleigh NC '27601 42 N. French Broad Avenue
T �8 I Asheville NC 28801
Date: 7 /��
Date:
DIVISION OF WATER QUALITY
By:
t1dfT1_1.ey O. Poupart
Supervisor
Non-Discharge Compliance and
Enforcement Unit
1617 Mail Service Center
Raleigh NC
27699-1617
Date: J Xp-
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