WQCSD0755_DV-2023-0008 case file_20230124

ROY COOPER
Governor
EUZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4115 5757
Return Receipt Requested
McDonald's Corporation
PO Box 182571
Columbus OH 43218
NORTH CAROLINA
Environmental Quality
January 24, 2023
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCSD0755
McDonald's Corporation
McDonald's - 2900 Wendell Blvd, Wendell, NC
Case No. DV-2023-0008
Wake County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $538.85 ($500.00 civil penalty +
$38.85 enforcement costs) against McDonald's Corporation.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
24-hour Report submitted by McDonald's Corporation. This review has shown the subject facility to be in violation
of the requirements found in Collection System Permit No. WQCSD0755 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 McDonald's Corporation violated the terms,
conditions or requirements of Collection System Permit No. WQCSD0755 and G.S. 143-215.l(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 Carolina DeWn mt of Em rommW Q„ d" I DW kbn of w,m Rn*=n
Raeigh RegbrW OQke i NW Barrett Ddw i Raleigh North Caroms ZW9
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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
McDonald's Corporation:
500.00 For 1 of the 1 violations of Collection System Permit No. WQCSD0755 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
500.00 TOTAL CIVIL PENALTY
38.85 Enforcement Costs
538.85 TOTAL AMOUNT DUE
Pursuant to G.S. 143 -21 5.6A(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.l(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
(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
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

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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. 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 remi ion, you must complete 4nd submit the enclosed "E quest for Remission of Civil Pena_ ities,
Waiver of Right to an Administrative Hearing. and StiRmlation of Facts" form within th' 30da s of recript of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification 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
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 Hearin s:
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 flings 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 §15013-23.2) 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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0008
Assessed Party: McDonald's Corporation
County: Wake
Permit No.: WQCSD0755 Amount Assessed: $538.85
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. § 14313-282.1(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 (Le., 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:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
McDonald's Corporation )
McDonald's - 2900 Wendell Blvd 1
PERMIT NO. WQCSD0755 ) CASE NO. DV-2023-0008
Having been assessed civil penalties totaling $538.85 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 24, 2023, 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
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Golden Arch Limited Partnership
CASE NUMBER: DV-2023-0008
PERMIT NO: WQCSD0755
FACILITY: McDonald's - 2900 Wendell Blvd
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
202201198 7/23/2022 CSO/SSO(Sewer Overflow)
REGION: Raleigh
COUNTY: Wake
TOTAL VOLUME
VIOLATION DESCRIPTION (GALLONS)
Discharge without valid permit
PENALTY
AMOUNT
$500.00

Sewer Maintenance Division
3324 Lake Woodard Drive
Raleigh, NC 27604
919-996-2311(office) 1 919-227-9519 (mobile)
Christopher, worthy Ora leijthnc,eov
From: Sanders, Courtney <[e-mail]>
Sent: Monday, July 25, 2022 11:47 AM
To: Worthy, Christopher <[e-mail]>
Subject: 2900 Wendell Blvd
Chris,
The grease interceptor overflow located at 2900 Wendell Blvd is still active at this time. Grease is flowing into the storm
drain and being tracked by vehicles through the parking lot. A blockage NOV has been issued to have the interceptor
compliant within 24 hours. While speaking with manager on duty he informed me that the grease interceptor was
pumped by a hauler on Saturday, but has since filled back up. He said they called a plumber this morning and was told,
the latest they will arrive is 4:OOpm today. Joseph Collins of Wendall storm water has been contacted and informed
about the grease overflow.
DeCarlo Sanders
Utility Specialist
City of Raleigh
Public Utilities I Raleigh Water
(m) 919-280-1300 (fax) 919-992-1871
[e-mail]

X_ M
• Upon arrival today staff found the interceptor actively overflowing into nearby storm drains.
• Staff confirmed no issues with the City sewer downstream.
• McDonald's management indicated that the issue started this past Friday and the interceptor was pumped in
response on Saturday, 07/23/2022, but has since started to overflow again.
• This confirms the issue is not located within the interceptor itself, but within the sewer lateral downstream (as is
typical for such incidents).
• SMD was first notified during an after hours call on Sunday 07/24/2022, at which point the manager on call
informed McDonalds management of their responsibility to have the overflow stopped.
• Staff with the Town of Wendell Public Works Department have also been notified regarding the impact to the
storm drain system.
• FOG staff have issued a Notice of Violation requiring McDonalds to have the overflow remedied within twenty-
four (24) hours.
• Once the 24hr deadline has passed the next step in enforcement will be water severance.
• The deadline for this initial notice is 08:OOAM on 07 26 2022.
McDonald's staff did state that a plumber has been hired and will be responding no later than 4:00pm today. FOG staff
will follow up first thing the morning of 07/26/2022 to verify that the overflow has been stopped. IF the issue has not
been resolved after the deadline, our plan is to issue a Water Severance notice granting an additional twenty-four (24)
hours to correct the overflow before water service is severed. Further updates will be provided as information becomes
available.
Thanks,
Christopher Worthy
Senior Utilities Analyst
City of Raleigh
Public Utilities I Raleigh Water
2

Kurtz, Cassid
From: Perez, Carlos <[e-mail]>
Sent: Tuesday, July 26, 2022 5:56 AM
To: Robinson, Jason; Kurtz, Cassidy
Subject: [External] FW: Potential Water Severance -Grease Interceptor Overflow- McDonalds 2900
Wendell Blvd
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Jason, our FOG team addressed this issue yesterday. The email below contains the actions taken. Please feel free to
reach out to my office for additional information.
From: Worthy, Christopher
Sent: Monday, July 25, 2022 2:06:33 PM
To: Vessie, Matthew P. <[e-mail]>; Chapman, Kermit <Kermit.Chapmane- raleiahnc.gov>;
Kiviniemi, John <John.Kiviniemi raleighnc.aov>
Cc: Anderson, Jeremy<[e-mail]>; Perez, Carlos <[e-mail]>;
Sanders, Courtney <[e-mail]>; Lopez, Manuel <Manuel.Lo ez ralei hnc, ov>
Subject: Potential Water Severance -Grease Interceptor Overflow- McDonalcis 2900 Wendell Blvd
Good afternoon,
The FOG Program has responded to a grease interceptor overflow at the McDonalds located at 2900 Wendell Blvd,
Wendell, NC 27529.

DIVISION OF WATER RESOURCES - CML PENALTY ASSESSMENT
Violator: McDonald's Corporation
Facility Name: McDonald's - 2900 Wendell Blvd, Wendell, NC
Permit Number: WOCSDO755
County: Wake
Case Number: DV-2023-0008
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;
City of Raleigh Stormwater FOG staff responded to a overflowing grease interceptor at McDonald's, 2900 Wendell Blvd.,
Wendell, NC on July 25, 2022. An unknown amount of grease was overflowing into a nearby storm drains. It is not known
if any grease made it to surface waters.
2) The duration and gravity of the violation;
The grease interceptor first started overflowing July 22, 2022. The start time is unknown. The interceptor was pumped out
on July 23, 2022 but overflowed again on July 24, 2022. Stop time is not given.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on ground include grease covered parking lot with unknown amount of grease entering stormdrain.
4) The cost of rectifying the damage;
The cost of rectifying the damage is 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 he 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;
There have been no enforcement actions taken within the past 12 months.
8) The cost to the State of the enforcement procedures.
$38.85
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Cawnmr
EUZAKTH S. BISER
sK 0"
RECHARD E ROGERS, JR.
mncw
McDonald's Corporation
PO Box 182571
Columbus OH 43218-2571
NORTH
wkww CARIO uaw
December 2, 2022
SUB]BCr: NOTICE OF VIOLATION & INTENT TO ISSUE CML PENALTY
Trr Wng No.: NOV-2022-DV-0234
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCSDO755
McDonald's - 2900 Wendell Blvd, Wendell, NC
Wake County
Dear Madam or Sir:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Golden Arch Umited Partnership. The Divislon's Raleigh Regional Office concludes that the Golden Arch Limited
Partnership violated Permit Condition I (2) of Permit No. WQCSDO75S by failing to effectively manage, maintain,
and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface
waters and the SSO constituted making an outlet to waters of the State for purposes of G.S.143-215.1(a)(1),
for which a permit is required by G.S.143-215.1.
The Raleigh Regional Office is providing the Golden Arch Umited Partnership an opportunity to provide evidence
and justification as to why the Golden Arch Umited Partnership should not be assessed a civil penalty for the
violation(s) that are summarized below:
Indilent Start Duration
Number Date (Mina) Lvcntian
202201198 7/23/2022 McDonald's, Wendell,
NC, 27'591
Total Vol
Total Surface
Vol water
cause (Gals) (Gale) WAFR Action
Grease unknown unknown Nodee of Violation
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This Notice of Violation / Notice of intent to Enforce (NOV/NOI) Is being issued for the noted violation. Pursuant
to G.S.143-215.GA, a civil penalty of not more than hventy-five thousand dollars ($25,000.00) may be assessed
against any person who violates or falls to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215. 1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered In this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, Impacts to public health, fish Idlis or recreational area closures. Other factors
considered In determining the amount of the civil penalty are the violator's history of non-compliance, the cat of
rectifying the damage, whether the spill was Intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Ml xhell Hayes with the Water Quality Section in
the Ralelgh Regional Office at 919-791-4200 or via email at mitch.hayesOnedenr gov.
Laserfiche
Sincerely,
rA
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
INMC r
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McDonald's Corporation
PO Box 182571
Columbus OH 43218-2571
NORTH CAROLINA
Environmental Quality
December 2, 20.-
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r%- MCDONAUYS 29M Wendell Blvd, Wendell, NC/WAKE *"' *.•
yi- ` 702031600DO041155474 M:12/6/2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-OV-0234
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCSD0755
McDonald's - 2900 Wendell Blvd, Wendell, NC
Wake County
Dear Madam or Sir:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Golden Arch Limited Partnership. The Division's Raleigh Regional Office concludes that the Golden Arch Limited
Partnership violated Permit Condition I (2) of Permit No. WQCSD0755 by failing to effectively manage, maintain,
and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface
waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1),
for which a permit is required by G.S. 143-215.1.
The Raleigh Regional Office is provid
and justification as to why the Goldej
violation(s) that are summarized belt
Incident Start Duration
Number Date (Micas)
202201198 7/23/2022 MODE
NC, :
■ Complete Items 1, 2, and 3.
ea Print your name and address on the revue
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front N space permits.
1. Aftle Addreased to: -
MCDONALD'S CORPORAnOrt
PO BOX 122571
COIUMBUS.OH 4121E
WQ:NOVAL WENT TO ISSUE CIVIL pENALTT/XW=007SS/
NOV2022.OV-0234AM OTARrSEWEK OVERFLOW]
MCDONALD'S 7900 Wendell Blvd, Wendell, NC/WAXE
702011606060411SS474 M.12/6/2022
2.
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�+ Details I Details 2 ClassJDesig. Events Reg. Adivitles Airy
Permit QCSD0755 Version: �1.0 Status:
Permit Type: Deemed permitted collection system management and operation
Permit Classification: Individual
Program Category: Non -discharge
E Primary Related Permit - —
Admin Region: Raleigh
Facility:
IMcDonalds - 2900 Wendell Blvd
County: M1+ake
Details,..
Owner.
Dgta�ls...
Project Type: New Project
Golden Arch Limited Partnership
— Dates —
Issued: 07I2612022 Orig Issued: 0712 0:22
Effective: 07I2612022 statutory 1=4am
Expire: inaMe:
SOC: Details
Last Updated By: "ason.robinson
❑ major Permit
❑ Has Subsurface Drains �racl
Q New Farm Q Exlsting Farm Farm #,
❑ Innovative Avail. Acres:
❑ Rainbreaker Device
❑ OIC Present
Last Updated On: LJM2022 11:22 AM