HomeMy WebLinkAboutWQCS00079_DV-2020-0125_20201008DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Clinton
Facility Name: Clinton Collection System
Permit Number: WOCS00079
County: Sampson
Case Number: DV-2020-0125
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;
Introduction of wastewater into waters of the State can negatively impact the State's water resources.
2) The duration and gravity of the violation;
Grease, inflow and infiltration, debris in the line and severe natural conditions resulted in the spill of 263,500 gallons of
wastewater, 229,550 of which entered waters of the State.
3) The effect on ground or surface water quantity or quality or on air quality;
Untreated sewage can contain pathogens and nutrients that can negatively impact waters of the State.
4) The cost of rectifying the damage;
Not applicable.
5) The amount of money saved by noncompliance;
Not applicable.
6) Whether the violation was committed willfully or intentionally;
Unknown.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
Notices of Violation have been issued to this Collection System previously.
8) The cost to the State of the enforcement procedures.
$135.71
10/8/2020
Date
DocuSigned by:
))Aka-"
5189C2D3DD5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ROY COOPER
Governor
MICHAEL S: REGAN
Secretary
S. DANIEL SMITH
Director
i
�J 7'
NORTH CAROUNA
Environmental Quality
Certified Mail # 7019 0700 0000 3643 1373
Return Receipt Requested
October 07, 2020
Chris Medlin
City of Clinton
PO Box 199
Clinton, NC 28329-0199
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. WQCS00079
City of Clinton
Clinton Collection System
Case No. DV-2020-0125
Sampson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,135.71 ($2,000.00 civil penalty
+ $135.71 enforcement costs) against City of Clinton.
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 Clinton. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00079 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 Clinton violated the terms, conditions or requirements
of Collection System Permit No. WQCS00079 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).
Nort�Cav�3s Dz�artm=mt of En+,ii.nm�rta. �sssttt � 7stis:�n of 1� t=r FiesousJts
,..., E Fay=r G -.e P.?g3cnsl vFfx "25 G.mev St _et, Swle 714 1 Favattev '_-, Na ,h Cara na 26301
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, J. Trent
Allen, Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against City
of Clinton:
$2,000.00 For 4 of the 4 violations of Collection System Permit No. WQCS00079 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$2,000.00 TOTAL CIVIL PENALTY
$135.71 Enforcement Costs
$2,135.71 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
(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
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 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 remissionrequest 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 "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
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
225 Green Street, Suite 714
Fayetteville, NC 28301-5095
Option 3: File a petition for 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 § 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: (919) 431-3000
Fax: (919) 431-3100
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 Chad Turlington with the Division of Water Resources staff of the Fayetteville
Regional Office at (910) 433-3320 or via email at chad.turlington@ncdenr.gov.
Sincerely,
EDxuSigned by:
5189C2D3DD5C42B...
J. Trent Allen, Regional. Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: e<te aal'kle',,.ginal t .r c
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0125 County: Sampson
Assessed Party: City of Clinton
Permit No.: WQCS00079 Amount Assessed: $2,135.71
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).
(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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Clinton )
Clinton Collection System )
PERMIT NO. WQCS00079 ) CASE NO. DV-2020-0125
Having been assessed civil penalties totaling $2,135.71 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 07, 2020, 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
ADDRESS
TELEPHONE
SIGNATURE
20
ATTACHMENT A
City of Clinton
CASE NUMBER: DV-2020-0125
PERMIT NO:
FACILITY:
WQCS00079
Clinton Collection System
REGION: Fayetteville
COUNTY: Sampson
Other Violations
INCIDENT
NUMBER
VIOLATION
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
202001438
5/21/2020
CSO/SSO(Sewer Overflow)
Discharge without valid permit
7,500
$250.00
202001634
5/28/2020
CSO/SSO(Sewer Overflow)
Discharge without valid permit
120,000
$750.00
202001636
5/28/2020
CSO/SSO(Sewer Overflow)
Discharge without valid permit
120,000
$750.00
202001662
5/29/2020
CSO/SSO(Sewer Overflow)
Discharge without valid permit
16,000
$250.00
ROY COOPER
Govenor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
DIMCFar
Q,
�¢wr�
NORTH CAROUNA
EhVk0;mertt0lQuality
CERTIFIED MAIL: 7019 0700 0000 3643 1144
RETURN RECEIPT REQUESTED
August 24, 2020
Chris Medlin
City of Clinton
PO Box 199
Clinton, NC 28329-0199
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0390
Sanitary Sewer Overflows - May 2020
Collection System Permit No. WQCS00079
Clinton .Collection System
Sampson County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Clinton. The Division's Fayetteville Regional Office concludes that the City of Clinton violated Permit
Condition I (2) of Permit No. WQCS00079 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 Fayetteville Regional Office is providing the City of Clinton an opportunity to provide evidence and justification
as to why the City of Clinton should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202001438 5/21/2020 33 609 Northeast Blvd. Grease, Inflow and 7,500 750 Notice of Violation
Infiltration, Severe
Natural Condition
202001634 5/28/2020 240 Manhole at Grove Park Severe Natural 120,000 114,000 Notice of Violation
Church Condition
North faragpa Department of Environments! Qua3ty I. D vu=on of water Resmmes
FaS _iisv� =•Re�cnal Off•.oa � Z'T5 �,reeaStteet, site 7ae}'..i F�vett=vitae, tysrJs Csro�.asZ83�'2
Incident Start Duration
Number Date (Mins) Location
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
202001636 5/28/2020 250 College Street at First Severe Natural 120,000 114,000 Notice of Violation
Baptist Church Condition
202001662 5/29/2020 62 210 Fisher Drive Debris in line, Severe 16,000 800 Notice of Violation
Natural Condition
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails 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 kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's. history of non-compliance, the cost 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 Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3320 or via email at chad.turlington@ncdenr.gov.
Sincerely,
DocuSigned by:
5189C2D3DD50428...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: `, g oa p' I
North.Cemi;na.OepartmentofEnvfrmsmentrb¢udity � �7S+6s�n-flfN'atetResvutces
Fa}^ettx#g_:Regcinal OFfioe. i =5-Gi4en Stteez, Soite 714 i Fsyette%dUe, PWth Cate5na 29301
~' 9104M-3300