WQCS00312_DV-2021-0184 Remission Request_20220106

°FAR cyo,� CITY OF ARCHDALE
307 BALFOUR DRIVE
P.O. BOX 14068
1/490
ARCHDALE, NORTH CAROLINA 27263
°' PHONE [phone] FAX: [phone]
HcARRECEIVED
JAN 0 6 2022
January 3, 2022 NCDEQIDWR/NPDES
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Request for Remission/Mitigation of Civil Penalty
Case No. DV-2021-0184
Sanitary Sewer Overflow — August 2021
Collection System Permit No. WQCS00312
Archdale Collection System
Randolph County
I acknowledge receipt of your Notice of Violation and Assessment of Civil Penalty
regarding an SSO event on August 26, 2021. The NOV, dated 12/6/21, was received
12/13/21. The City of Archdale acknowledges and agrees that a violation occurred.
However, based on staff's incredible mitigation response to this overflow, in addition to
ongoing efforts to proactively maintain our collection system, I ask that you consider
remission/mitigation of the penalty at this time.
Incident Number 202101839: Thursday, August 26, 2021
The City of Archdale believes that it takes a very proactive approach to the management
and maintenance of its sewer collection system. Based on the Justification for Remission
Request sheet, we ask that the following factors be taken into consideration:
(b) the violator promptly abated continuing environmental damage resulting from the
violation
(c) the violation was inadvertent or a result of an accident

(b) the violator promptly abated continuing environmental damage resulting from
the violation
The City has worked diligently to educate the public on how and where to report bad
smells or observed sewer overflows. Thankfully, a citizen followed through on a Thursday
afternoon and reported a sewer smell in their neighborhood. The call came in at 1:26pm,
and Public Works' staff quickly made their way to the area of concern. By 1:45pm, staff
had identified the source of the smell, having found a badly overflowing manhole adjacent
to a creek. There was no way to stop flow from reaching the creek, so efforts were
focused on identifying the cause of the overflow and ending it as quickly as possible. The
sewer camera and jet machine were brought onsite and put to work immediately.
The SSO was ended at approximately 4pm. Wastewater began flowing once the cutter
head opened the line. When flow was re-established and the levels returned closer to
normal, it became apparent that a partial blockage remained within the line. With use of
the sewer camera, it was determined tree roots had contributed to the backup and that
further line cleaning was necessary. Staff cleaned up the solid debris near the manhole,
spread lime, ensured the area was safe, and made plans to finish cleaning the line the
following day.
On Friday morning, staff returned to finish clearing the line of debris. More roots were
removed in addition to numerous "flushable" wipes. The roots and the collection of wipes
had combined to block the line, leading to the overflow. The roots came from one of two
nearby trees, and the wipes seem likely to have originated at a nursing home upstream.
In the end, the camera was run to show the line was fully clear and lime was spread as
needed.
During the cleanup process, staff spoke with the citizen caller again to update them on the
situation. The caller advised that the smell had first appeared earlier in the morning, but it
was not until the afternoon that they had called the City. With this in mind, staff assigned
an 8am start time to the overflow to be transparent on the volume of the spill.
Public Works staff deserve high marks for their efforts on this event. They responded
immediately and worked quickly to resolve the issue, for now and for the future. Once
they learned that the overflow had been going on longer than first reported, they reached
out to me noting the need to list an earlier start time than originally expected. I applaud
their desire to be transparent and honest in their incident reporting, and for following the
steps of our Sewer Overflow Response Plan (Updated in 2020).
To avoid similar issues in the future, staff took immediate steps. First, they had the trees
near the manhole cut down. Second, they spoke with the nursing home regarding their
disposal of cleansing and sanitary wipes. This educational outreach was also added into
the newsletter included with City utility bills (included for reference), on our website, and
on social media. Additionally, this location has been added to a monthly check list.

(c) the violation was inadvertent or a result of an accident
The SSO on August 26, 2021, was the result of sanitary "flushable" wipes getting caught
up in tree roots which had entered the line. There was no prior indication that an issue
existed, and repairs were completed immediately upon knowledge of an overflow. The
nursing home facility has seen an increased use of sanitary and disinfectant wipes related
to the COVID-19 pandemic. A portion of this overflow is attributed to the increased
number of these non-biodegradable wipes being flushed into the main line. The other
contributing factor was the roots, which have been removed and trees cut down.
The City regrets that this overflow occurred, and we continue to camera/clean lines, do
PM's on pump stations, and upgrade facilities to proactively avoid similar issues in the
future. With these facts in mind, the City respectfully requests that the $1,250.00 civil
penalty be considered for remission/mitigation. Should you have questions or need further
information about this matter, please let me know. I can be reached directly by phone at
[phone] or by email at zhoiden(a�archdale-nc.gov.
Sincerely,
Zeb Holden
City Manager
Cc: Lloyd Wilson, Public Works Director
Chris Davis, Sewer System Supervisor, ORC

Loose Leaf Collection rchdale
Loose leaf collection is underway. Pickups end the -u..r.Imo..�.:w:5._
first full week of March. Make sure loose leaves are
placed near but not in the roadway and away from A friendly reminder:
storm drains. That there is no such thing as a FLUSH-ABLE
City of Archdale wipe. Disinfectants, baby wipes, and other
Loose Leaf Collection r
�` ' j 'so-called' FLUSH-ABLE wipes need to be
_ , , r, -1; thrown away; not flushed. These wipes do
_. -�LP `f," xa „ .1111 not break down and ultimately cause nasty
iMil ,� 4T sewer backups in homes when flushed.
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Report a Problem on SeeClickFix —
You can report non-emergency stormwater or planning/code enforcement a •\:
problem to the City of Archdale from your smartphone, tablet, or computer; — -
thanks to the City's implementation of"SeeClickFix". Check it out on the City's
website by clicking the "Report a Problem" icon. This new feature allows you to ` .3 0
remain anonymous and get updates as the staff investigates the issue. imillimoo
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Events February 5th n,alentines DISC GOLF Doubles Color
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•IRKS Challenge - at 2:00pm. It is like a color run mixed
.� .�-r n rh - k' i"-.)1 Cr-1!r `7"if'ourn=,r-,-i^: "- (T0'T e '
1 ,ii. ;
.'r`"2 have fun with us. Must Pre-Register as spots are
limited. Register with Jocelyn at jmoon@archdale-
. CRT' I ' � I.
' nc.gov or 336-434-7314. Registration ends
February 1st • Baseball& Volleyball February 3rd or until teams are filled. Wear white
Registration for Baseball ages 4-14 and Girl's or black to get the full effect. More information
Volleyball, grades 3-12 begins. Please visit can be found on that parks page. .. , . :,
www.archdaleparks.com and click on Youth
Athletics for details. 147,ns7,"11' +,
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More in # • ., •..•,, : : , . please visit: V
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GovernorROY COOPER F`S -AV-
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EUZABETH S.BISER *ems �"
Secretary y�V
S.DDire for SMITH NORTHCAROLINA vironnionkil Wanly
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Certified Mail# 7018 1130 0000 1612 5822
Return Receipt Requested
December 06,2021
Zeb Holden,City Manager
City of Archdale
PO Box 14068
Archdale, NC 27263
SUBJECT: 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. WQCS00312
City of Archdale
Archdale Collection System
Case No. DV-2021-0184
Randolph County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,389.1 I ($1,250.00 civil penalty
+$139.11 enforcement costs)against City of Archdale.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by City of Archdale. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00312 and G.S. 143-215.1(a)(1). The violation(s)that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Archdale violated the terms, conditions or
requirements of Collection System Permit No. WQCS00312 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with 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. 143-215.1(a).
North eroeu Deportment of Em onnidlY Quality I Ditto=a/Water Resources
WkrewrSeLm*eglordp1 uIb0 Watt Haws waw4 Sire 300I znos
33634.9800

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,Lon T.
Snider,Regional Supervisor,Winston-Salem Regional Office hereby make the following civil penalty assessment against
City of Archdale:
$1,250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00312 and G.S. 143-215.1(a)(1)for
Sanitary Sewer Overflow(s)resulting in a discharge without a valid permit.
$1,250.00 TOTAL CIVIL PENALTY
$139.11 Enforcement Costs
$1,389.11 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 do one of the following:
(1) Submit payment of the penalty, OR 9(2 Submit a written request for remission,OR
Submit a written request for an administrative hearing
___, R-o Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF RANDOLPH
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Archdale )
Archdale Collection System )
)
PERMIT NO. WQCS003 12 ) CASE NO. DV-2021-0184
Having been assessed civil penalties totaling$1,389.11 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 06, 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.
01 y
This the /3 day of , 20�/ ' t ti 0i��
SIGNATURE 04' CARO‘
RECEIVED ADDRESS 41/
JAN 0 6 2022 3a 4-;.,/
NCDEQIDWRINPDES A / NL .27 3
TELEPHONE
33� y. Y �VG

(1) whether one or more of the civil penalty assessment factors in NCGS 143B-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. The
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(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 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 Right to an Administrative Hearing, 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"Justificatio for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
450 West Hanes Mill Road, Suite 300
Winston-Salem,NC 27105
•p 'n : File a petitir an administrative hearing with the Office of Administrative Hearings:
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
Hearings 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(if a 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 Hearings with all questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings 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 follows:
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 Ron Boone with the Division of Water Resources staff of the Winston-Salem
Regional Office at(336)776-9690 or via email at [e-mail].
Sincerely,
DocuSigned by:
[1-0, 'S,...au-
145B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
Attachments:
1. Justification for Remission Request
2. Waiver of Right to an Administrative Hearing and Stipulation of Facts
3. Attachment A
ATTACHMENTS
cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0184 County: Randolph
h' P
Assessed Party: City of Archdale
Permit No.: WQCS00312 Amount Assessed: $1,389.11
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, 1
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);
l (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);
V (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;4)-
,tiov-,74,19-p✓- 0175-
(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: S-u ,�,¢f'.c L.1 h'r^�ar �'�/n r�`1�3
fil,