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Home My WebLink AboutWQCS00005_DV-2020-0163_Resp Rcv'd - 20201221_20201208NOV z I- RON ROY COOPER C.mcrnnr MICHAEL S. REGAN S"'m"/ S. DANIEL SMITH lhra•eu Certified Diail # 7017 2680 0000 2219 6135 Return Receipt Requested Donald F Greeley, Director of Water Resources City of Durham 101 City Hall Plaza Durham, NC 27701-3329 NOR IN CAROI INA Environmental Quality December 08, 2020 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. WQCS00005 City of Durham Durham Collection System 1 Case No. DV-2020-0163 Durham County Dear Mr. Greeley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S286.57 (S250.00 civil penalty + S36.57 enforcement costs) against City of Durham. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSQ) 5-Day Report submitted by City of Durham. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00005 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 Durham violated the terms, conditions or requirements of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) in the mariner 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). Bas' ed upon th6bove 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 Vi'r 6n,-RegMd—n!1 Sup6Msor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Durham: $250.00 For 1 of the 3 violations of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) for Sanitary Server Overflow(s) resulting in a discharge without a valid permit. S250.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs S286.57 . 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. 14313-282.1(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; _ a)- 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) clays 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 heating Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include irairer 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. I (b) was wrongftilly 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 Conunission'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 thirtv (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 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 Ilearin2s• 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 nbnnal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the {lours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition maybe 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 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:—(9-1.9)-43-1. 3.100 - - — 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 ,l 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 (919) 791-4200 or via email at mitch.hayesCnedenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File Laserfrche JUSTIFICATION FOR REMISSION REOUEST J Case Number: DV-2020-0163 County: Durham Assessed Party: City of Durham Permit No.: WQCS00005' Amount Assessed: 5286.57 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Maiver 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. 4 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. 14313-282.1(b) were wrongfldly 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 `Y steps that you took to correct the violation and preventfitture occurrences); (c) the violation was inadvertent or a result of an accident (i.d., explain x•hy the violation it -as unavoidable or something you could not prevent orprepare foi); (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). ENPLArNATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF DURHAM - IN THE MATTER OF ASSESSMENT ) NVAI17ER OF RIGIIT TO AN OF CIVIL PENALTIES AGAINST ) AD.1IINISTRATIVE HEARING AND STIPULATION OF FACTS City of Durham ) Durham Collection System ) PERMIT NO. WQCS00005 ) CASE NO. DV-2020-0163 Having been assessed civil penalties totaling S286.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 08, 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 e submitted to the Director of the Di�'ision of �� oter Resources �vitEn (lady (30)—day`s of receipt ofZie 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 Durham CASE NUMBER: DV-2020-0163 PERMIT NO: WQCS00005 REGION: Raleigh FACILITY: Durham Collection System COUNTY: Durham Other Violations INCIDENT VIOLATION - TOTAL VOLUME PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT 202002325 8/11/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit 820 $0.00 202002499 8/27/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit 645 $0.00 202002500 8/27/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit 6,000 $250.00 SECTIONDELIVERY SENDER:COMPLETE A. Signature ■ Complete items 1, 2, and 3. �� y / E3 Agent r 1 ( ■ Print your name and address on the reverse X t V ❑ Addressee l so that We can return the card to you. S. Recei by (Printed Name) ate of Delivev \ I ■ Attach this card to the back of the mailplece, OL - �- or on the front if space permits. 1 1. ArticloAddressedio: D. Isdelivery ddressdirerentfOrn l? Yes w" If YES, enter delivery address below- O NO DONALD F. GREELEY, DIR. OF WATER RESOURCES"i- w4:'w CITY OF DURHAM 101 CITY HALL PLAZA/DURHAM, NC 27701-3329',.,;� WQROSf10V&ASSESSMEM OF CI1111 PENALTY FORVIOIATIOtLSOE' - I NC G5143-235.1(A)(1) AND COLLECnON SYSTEM PERMR NO w4aoaooslCASE p DV•2020-0163 REC: 7017-2680-0000-2219-6135 M 12/10/2020;'_ 11({f1{ ��- �^ 3 Service TYPe ❑Pdodty Mall E>Wres� III�IIIII IIII IIIIII II IIIII IIIIII IIIIII IIIII III O C�eRni ht�l® RastrkRM DeMery ❑ p red M R¢trle�d � 9590 9402 3415 7227 6680 58 ❑ cenmed Mau Restricted 1leovmlr o �n �� McLcnaridise may,___ ❑ Coliactn� Deriv ry Resettled DeSYer1' ❑ Si9neture CtnfimladonTM 1 2�AWcIeNlunhernau"� ""s'" ❑slgnafure canivery I Restricted Delivery Restricted OelNery � 7U17 268U UDUO 2219 _613 Dverssool • - - Domestic Return Receipt ; • .. ° PS Form g811; July, 2015 PSN�7530-02 QOo-g053I I I I I I _ _ — t Ln M •. • i i or ,a ceruned Men FOR ru $ fLl Extra6elVIcB48FEre9 (rhec=ern. aTC/eea+ePPPP=lA'1 ❑Realm PeeNPt OrPYL 9 C3 ❑Remo RectlNleleeevuel $ Postmark d pcenmed14mn4mmedoes a Here 1:3 �AEWt eI�uF°. RecWreC - __G t3 C3m I [7 P ge 2 DONALD F. GREELEY, DIR. OF WATER RESOURCES co CITY OF DURHAM .D Taal Pam. 101 CITY HALL PLAZA/DURHAM, NC 27701-3329 $ 'rtl WQRO"OV& ASSESSMENT OF a0l. PENALTY FOR VIOLATIONS OF - NCGS14i20.1(A)(1) MD COLLECTION SYSTEM PERMn N F- sent To WQawws/CASE It DV-2020-0163 O r1 O S"veetend. REC: 7017-2680-0000-2219-6135 M 12/10/2020 ry — Ci y-s�lete;YiP+d •--- i