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HomeMy WebLinkAboutWQCS00187_DV-2010-0101_20101117Tray hfarcer nfi Case .._ �. P�,yrtenf Remission Petitfo ColleLtion SeMp"ment RelatedCases ' Corrirrenfs- E°ent� nunar� Re13te Uial lions Pifl� � Assessed Re avy : Case Number: �61J 2�1 101 hiC�J lt�V 2G1i'-DU 0383 : NOD., Siten: Froleci ave Permit u8i87 Defails,.. SOC: AD Cu�u.,i flononngReporf: Facilk/Site: St Paul's Callection.System° =Deiails— Region:-fayeite ille County: Robe Owner owr df St Rauls =L4aintain. Incident =Det��Is—Inspect D I CentralOfB^e Login Date-gid Comments: CentralOffice Contra'Merritt Daryl i Reg oral Contact kite Hughie ' t i Facilit .I not re'Idbv remts9idn letter sebtAllqust1,,2011 'The , Casl e;)vas senttoThe Colfetiians Groin t tback, du D no Green Card being receivbd.Tlre remassian letter Wasjesent, ' t ugust2t}.'Z012 and 'gain re'Min Green` ardvia never ieceide - Enforcement Contact Salutation for Leiter. StuattTunlle Penalty Assessed Date-. 1111 60 :3 Remission Request 1210212610 EflCHearigDate: LettefUe: 11f1712010 Penalty;Amount 10l10;80 Remission Acknowledged 12JD2f2010 ; EnEConf: Date: RemissionAmount .00 d EMC Results Received: Damages: i Remission Amount $0•08 i 'Enfctcement Cost P130.03 Enf. Con[, Letter Date . Ironvoli Petition in OAH:' Total Case Penalty 1130.fl3 Facility Rk Enf. Conf.'Lt[.: Remission Amount.. Faci6f RecelVetlF 1?: 110010 Re'spansaauaB TotalAinou'titIlue a. TbfalAmount Pa' tf 113Q.ti Caset .Collection:: SettlementRequeste0: Case Closed; 01J17J201� E i hack' 7-1 nref ,rrwt L-2 �' Ready � Page 1J1 SID: ENCS� North Carolina Environmental Management Commission CIVIL PENALTY REMISSION COMMITTEE — GROUP I Term Name Email Address Address Telephone Qualifications Expires 1. Benne C. Hutson, Chairman Benne.Hutsonnemail.corn P. O. Box 31247 704- (W) House 6-30-17 Charlotte, NC 28231 704-965-65-6555 555 (C) 2. Gerard P. (".terry") Carroll 3400 Kingsmeade Court apcemcnemail.coni Charlotte, NC 28226 704-907-7217 (C) (7) 6-30-15 3. Tommy Craven teravenncemc a,email.com 124 Berry Hill Drive 919-781-0300 (W) (2) 6-30-17 Raleigh, NC 27615 412 Hwy 581 S. 4. Steve P. Keen stevepkeenngmail.com Goldsboro, NC 27530 919-920-7023 (C) Senate 6-30-15 5. Manning W. ( "Bill") Puette P. O. Box 129 bilipuette@,hughes.net 5229 Highway 90 828-754-5402 (W) (8) 6-30-15 Collettsville, NC 28611 Cleveland County Water 6. Clyde (`Butch") E. Smith, Jr. manaecrn_ ccsdwater.com P. O. Box 788 704-538-9033 (W) House 6-30-15 Lawndale, NC 28090 7. Julie A. Wilsey Jwilsev28nliotmail.com 198 Russell Road 910-341-4333 (W) Ext. 1002 (3) 6-30-15 Southport, NC 28461 Rev. August 2013 1 of 2 North Carolina Environmental Management Commission CIVIL PENALTY REMISSION COMMITTEE — GROUP II Name Address Telephone Qualifications Term Email Address Ex Tres 1. David W. Anderson 525 N. Greenfield Parkway dandersonemc a email corn Garner, NC 27529 919-255-7933 (W) Senate 6-30-15 2. Charles ("Charlie") Carter 4141 Parklane Avenue carterdenrnemail.com Raleigh, NC 27612 919-755-1800 (W) House 6-30-17 1901 Lafayette Avenue 3. E. O. Ferrell eoferre113 ockmail.coni Greensboro, NC 27408 336-274-7412 (H) (4) 6-30-17 4. Kevin C. Martin kiiiartiiiiicenic@liotmail.com 176 Juniper Trail 919-846-5900 (W) (6) 6-30-17 Franklinton, NC 27525 919-270-7941 (C) 5. Dr. Albert R. Rubin rubinamnesu.edu 192 Fearrington Post 919-545-3066 (H) (5) 6-30-15 Pittsboro, NC 27312 6. Steve W. Tedder stevewtedder &ginail.com 1282 Coy Hall Road 336-413-3491 (C) Senate 6-30'-17 King, NC 27021 Rev. August 2013 2of2 aO(D rUIR�� _SSO '20100a950 —SS0 a010d1-T11—SSO a©©-SSO SSO 5 day WQCS00187 SSO 5 day WQCS00187 SSO 5 day WQCS00187 SSO 5 day WQCS00187 40355 FayettevillE Robeson 40409 FayettevillE Robeson 40315 FayettevillE Robeson 40040 FayettevillE Robeson Town of St Pauls•— &/,� (0// 0 Town of St Pauls— ell qlO Town of St Pauls Town of St Pauls — $//3-1 p of St Pauls Collection System St Pauls Collection System St Pauls Collection System St Pauls Collection System 150000 150000 Mark Brantley Proceed to 212500 187500 350000 300000 Mark Brantley Proceed to 100000 100000 Proceed to NOV 40381 40473 40499 NOV 40354 NOV 40081 812500 737500 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina November 14, 2013 9:00 a.m. General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of interest or appearance of a conflict, please so state at this time. Benne C. Hutson, Chairman, Presiding I. Preliminary Matters 1. Call to Order 2. Approval of minutes from September 12, 2013 Commission Meeting II. Action Items 1. 13-25 Election of a vice -chair to the Environmental Management p 1 Commission 2. 13-26 Amendment of Internal Operating Procedures of the p 1 Environmental Management Commission of North Carolina to Establish Page Limits on Briefs in Contested Case Proceedings (AG) Mary Lucasse Attachment A — Article XI (revised with new section 9) pp Al-2 3. 13-27 Hearing Officer's Report on Revision of Arsenic Acceptable pp 1-3 Ambient Level (AAL) (514) Overview of NCDENR Secretary's Science Advisory Board (SAB) (DAQ) Lori Cherry Attachment A — Hearing Record Arsenic AAL (DAQ) Donnie Redmond Attachment B — July 2013 EMC Minutes of Action Item 13-20 Hearing Officer's Report on Revision of Arsenic Acceptable Ambient Level (AAL) (514) Attachment C — Gaston County Ltr dated 8-30-2013 pp Al-740 pp B1-14 p C1 1 (July EMC Meeting Questions) - POWERPOINT PRESENTATION (SAB) Dr. Thomas Starr, Chairman (DAQ) Lori Cherry (DWR) Kathy Stecker 4. 13-28 Hearing Officer's Report on Inspection/Maintenance (IM) p 1 Rules Revision (517) (DAQ) Steven Vozzo Attachment A — Hearing Officer's Report POWERPOINT PRESENTATION 5. 13-29 Request for Approval of Emissions Reductions Beyond Clean p 1 Smokestack Act 2013 Report (DAQ) Sushma Masemore Attachment A— Emission Reductions Beyond CSA 2013 Report pp Al-9 POWERPOINT PAESENTATTION 6. 13-30 Presentation of the WQC's Recommendation on a Petition p 1 for Rulemaking to Reclassify a Portion of the Dan River to Class C (DWR/WQC) Commissioner Steve Tedder Caswell County Attachment F - NC General Statute §150B pp F1-3 Attachment G - Roxboro Water Supply Plan pp G1-4 Attachment H - Environmental Assessment 4.25.06 pp H1-13 Attachment I - Yanceyville Water Supply Plan pp I1-4 Attachment J - NCDENR Ltr 7.12.12 pp J1-2 Final Submittal — NCDENR Report of Proceedings 3.17.1 (same document as Attachment A under DWR Attachments below) Roxboro Attachments Attachment K - Roxboro Submission Cover Page and pp K1-107 Exhibits A-M DWR Attachments Attachment A — Dan River — Report of Proceedings for WS pp Al-107 Reclassification Attachment B — Dan River — History p B 1 Attachment C — Dan River — Milestones p C 1 Attachment D — Dan River — Memo p D1 Attachment E - Dan River Petition p E1 2 7. 13-31 Brunswick County Interbasin Transfer (IBT) Determination p 1 (DWR) Ian McMillan Attachment A — Brunswick County IBT Hearing Officers pp Al-57 Report POWERPOINT PRESENTATION 8. 13-32 Request for Adoption of a Proposed Rule and Rule Amendments p 1 under the Jordan Lake Nutrient Strategy in Accordance with 2009-2012 Session Laws (DWR) Jason Robinson Attachment A — Jordan 2009-2012 SL Changes pp Al-158 POWERPOINT PRESENTATION 9. 13-33 Central Coastal Plain Capacity Use Assessment Report pp 1-2 (DWR) Nat Wilson POWERPOINT PRESENTATION 10. 13-34 Request Approval of Delegation of the Neuse Buffer Program to the Town of Hillsborough (DWR) Jennifer Burdette Attachment A — Town of Hillsborough Neuse Buffer pp Al-11 Delegation Request Attachment B — Hillsborough Unified Development pp B 1-17 Ordinance Sections 3.10, 4.5.3.8 and 6.20.16 III. Information Items 1. 13-19 Periodic Review and Expiration of Existing Rules p 1 (Office of General Counsel) Jennifer Everett Attachment A —150B — Administrative Procedure Act — 2013 pp Al-26 Attachment B — H74 Periodic Review and Expiration of Rules p B 1 POWERPOINT PRESENTATION (ITEM 13-20 HAS BEEN REMOVED FROM AGENDA) 2. 13-20 Water Quality Rulemaking in Response to Session Law 201.2-1.43 (DWR) Evan Kane 3 3. 13-21 Shale Gas Development and Air Quality (DAQ) Mike Abraczinskas POWERPOINT PRESENTATION 4. 13-22 Revision to Selection Procedure for Special Air Permit Appeals Committee to Conform to Section 128 of the Federal Clean Air Act Attachment A — January 10, 2013 Resolution of EMC p Al IV. Concluding Remarks By Commission Members By Directors By Counsel By Chairman Adjournment 11-14-13 0 .-A 74*221 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. J.R. Steigerwald Town of St. Pauls PO Box 364 St. Pauls, NC 28384 Division of Water Resources Thomas A. Reeder Director October 24, 2013 RECENED JAOV 2 D 2013 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Town.of St. Pauls Case Number DV-2010-0101 Permit No. WQCS00187 Robeson County Dear Mr. Steigerwald: John E. Skvarla, III Secretary ��t�F� �►B��N�if �w tl.IllE VR�I�t�'�L E A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission (EMC) on Thursday, November 14, 2013. X No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting, but you will not be permitted to speak regarding your case. The EMC Chairman has considered the written record and determined that an oral presentation is necessary. Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1 V ohCaxolina Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 1�T Internet: www.ncwaterquality.org Adurallff An Equal Opportunity 1 Affirmative Action Employer �/ J.R. Steigerwald DV-2010-0101 CCPR Notification p. 2 If you are a corporation partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that a potential violation regarding the unauthorized practice of law has occurred. Time and Location of Meeting The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission. The Committee meeting will be held in the Ground Floor Hearing Room of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other ThinLys to Know About The Meeting The length of an Environmental Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Resources staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Steve Lewis,at (919) 807-6308 or Kevin Bowden at (919) 807-6397. Sincerely, Thomas A. Reeder enclosure cc: lEayetlevalle% eg enal-Cffice-Be11-16 er sori' Case file DV-2010-0101 Kevin Bowden — Point Source Branch Central Files AGENDA ITEM: 13-03 REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT DWQ Case Number: DV-2010-0101 Region: Fayetteville County: Robeson Assessed Entity: Town of Saint Pauls • 08/19/2010 In response to an SSO, DWQ reviewed the 5-Day Report sent to DWQ from the Town of Saint Pauls detailing the event. • 10/22//2010 DWQ issued a Notice of Violation and Recommendation for Enforcement • 11/17/2010 Town of Saint Pauls was assessed a civil penalty of $1,130.03 ($1,000.00 civil penalty plus 130.03 investigative costs): • $1,130.03 for one violation of NPDES Permit No. WQCS00187 • 11/23/2010 Green card indicated delivery of the assessment document. REMISSION • 12/02/2010 Remission request signed by Stuart Turille. • 12/02/2010 DWQ received the request for remission from Town of Saint Pauls. The request included a "Justification for Remission Request" and a "Waiver of Right to an Administrative Hearing and Stipulation of Facts." • 04/31/2011 The Director was sent the remission package and DWQ considered the information contained in the remission request and did not find grounds to modify the civil penalty assessment. • 08/01/2011 The Director's decision letter was sent to the violator on 08/01/2011. There was no response to the decision letter so the case was sent to DENR Collections; however, the green card was never returned verifying receipt. • 08/20/2012 The Director's decision letter was resent on 8/20/2012. Again, the green card was never returned and after a discussion with Mr. Turille, he indicated that he did not want to appear before the Committee and speak but would like the Committee to consider remission based on the written record. REQUEST FOR ORAL PRESENTATION • Town of Saint Pauls did not request an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions. • Town of Saint Pauls has not been assessed civil penalties for any previous violations; however, NOV's and NOI's have been sent in the past for spills at this location. There were three spills in the area within a four month period each spill being at least 100,000 gallons. DWQ RECOMMENDATION The Division of Water Quality opposes remission or mitigation of the penalty and recommends that the Director's decision be upheld. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ��,Or� YfiJ A T�r9pG Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form V 112009 PART I This form shall be submitted,to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: / � �+ S �Lo>' '% (WQCS# if active, otherwise use WQCSD#) Facility: T .��.+ Sf. /��+v1i Incident# I e) `2q 5 Owner. 7',a�r��, �, SI. 1oa,jt Region: lA �k'1` e !!` City: 5' '..vl County: fy 0 rr3 a? Source of SSO (check applicable) : ® Sanitary Sewer ❑ pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past.reports or documentation - i.e. Pump Station 8, Manhole at Westall & Bragg Street, etc.) : f 0 1 S+"� ,� / 1, �1:A ee A 'S Manhole# Latitude (degrees/minute/second): Incident Started Dt: = 16 ' +� Time: A2 e)l µa -*1 (mm-dd-yyyy) hh:mm AM/PM Estimated volume of the SSO: ._ t I� ' o0 gallons Longitude(deg reel/minutelsecond): Incident End Dt f { % Time: (mm-dd-yyyy) hh:mm AM/PM Estimated Duration (Round to nearest hour): / Describe how the volume was determined: r "'1 l r,, � �=r ""l "� ' r" � �� _ >i � �d 4, -qe'l. S Weather conditions during SSO event: <i r ,'+ '' /a+ c� Did SSO reach surface waters? 12 Yes ❑ No❑ Unknown Volume reaching surface waters (gallons): 1 C Surface water name: A " f . I Aal,, h ..5 w ct �1.7 Did the SSO result in a fish kill? ❑ Yes 0-1q E] Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: 0evere Natural Condition ❑ Grease ❑ Roots 0-Inflow and Infiltration ❑ Pump Station Equipment Failure ❑ Power outage ❑ Vandalism ❑ Debris in line ❑ Other (Please explain in Part II) U1 Pipe Failure (Break) 24-hour verbal notification (name of person contacted)Sx� a' Q DWQ ❑ Emergency Mgmt, Date (mm-dd-yyyy): l -9 -2210 Time (hh:mm AM/PM): If an SSO is Office on a daily basis until SSO can be Per G,S. 143-215, 1 C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the county w ere he discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the re erf encedc statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is emonsfral-e- t a 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action, Therefore, it is important to be as complete as possible, WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form Page 1 10/24/13 State health department sees sharp rise in at -will workers:: WRAL.com Spanking children Local Dish: Chili can be damaging, chili bang bang study says Retreats ease Leslie: Landscape cancer stress of Scotland was inspirational More From WRAL.com • Teen killed in birthday party shooting in Raeford • Soldier, wife charged after children left alone for days • Officer: Holmes gave 'self-satisfying'sm irk • 15-year-old shot and killed in Concord • Ellen gives $1 OK to NH waitress for soldiers' tab • Judge Judys son, a prosecutor, aids friend's case Sponsored From Around the Web How Cruise Ships 5 More Sex Fill Their Unsold Etiquette Dos Cabins Helene's Passion Is Transforming Trailers Into Oases (YouTube) From Around the Web • 'Teen Mom' Goes to 'D is gusting' Lengths to Make Her Man Happy (PHOTOS) (CafeMom) • 6 Celebrities Who Made Millions Then Lost It Al (Answers.com ) • Ariel Castro May Not Have Died From Suicide After All (CafeMom) • That'70s Show Actress Lisa Robin Kelly Is Dead (People) • My marriage to Christie Brinkley (Sports Illustrated) • Homeless Women in Charlotte Receive Support from Wells Fargo (Wells Fargo) p 4 These 5 Signs Warn You That Cancer Is Starting Inside Your Body Recommended by How to Get Your Warren Buffett Body to Produce Slams Obamacare More Testosterone Mandate ww.v.wral .comrstate-health-department-sees-s harp -rise- i n-at-vA I kvworkers/l28242591 FRI°'il-1 Tcoji, op:af,rl'. Fla.X hiQ. 'K17,3653&.l9 Aug. 2010 2:04 'I`1 P2 /0Y A.S.S _" Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form This form shall be submitted to the appropriate 0WQ Regional Office Within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number s -iv G+f Qd /8 -�--� � (WQCSty if active, otherwise use Wr.2CSf?#) Facility: X'Il z e ?e /r Owner: a✓ o ¢ .611 14f /ice Region: City. - -S J,1 9-a4e /4' County: 6 Source of SSO (check applicable) : t i,� nnriary Setn:r ❑ PUMP Station f Uit motion SPECIFIC location of the SSO (be consistent in description fran past sports or documentation - i.e. Pump btatlon 6, Manhole at We tat & Bragg S tr tc.) Manhole #^-- A/-"/ .3'�""- Latitude (degrees/minute/second): sU I-wgitude(degreeshnin ute/second): PART I Incident Started Dt: %% "�° ° Trrw-- :9-' � fn - lnddwit End Dt �y %2u1 ° Tin-,-: /— (mm-dd-yyyy) hh:mm Afdmld (mnrtld•YYYY) _ hh:mm AM1PM Estimated volume of the SSO: —61 L2" coo gad OM Es�nated Duration (Round to nearest hour): � � Describe how the volume was deterrtwted- Ad- LAi -N' --/v iYn :,� ry,.✓ s+p Weather conditions during SSO event; Did SSO reach surface waters? W Yes❑ No[] Unknown Volume reatimrg surface waters (gallons): f6a Up U SuHace water name: -5-/�-t r'ylr Did the SSO result in a fish kill? i_t Yes D<-❑ Unknowryt if Yes,, what is Hie estttttated number of fish Pitted? SPECIFIC cause(s) of the SSQ: revere Natural Condition tfrf Inflow and Infiltration ❑ Vandalism ❑ Pipe Failure (Break) I❑--11 r t_r Pump Station Egtirpmeo FAir, �i Debri, in line ❑ Roots ❑ Power outage 0 Other (Pler>laexr"n in Part II) 24•hour verbal notification (name of person contWed)__ Ala c l'?, DWQ ❑ Emergency Mgmt. Dale (mm-dd-yyyy): y-bolo Tirne•(hh:mm AM/PM) Per G.S. 143.215.1 C(b), the responsible party of a disetwrg©of 1.000 gallons or niore,of.untreated wastewater to surface water shall issue a gross release within 4t3 hoursofi fast knowledge to atl ptiittraitd'eleetronic news rnedia.provittktg genetal covomga in the County v ere fho disci)argO ocarrred, When 15,000 gallons or morb.of tmtreated wastewater eMers'suiface .. watesa, a public notice shall be published within 10 days and proof ofpubGc�tion sir be.prbvicled'tre Diirfsiorr•wltftir3 3f} tlays: Refer to the referenced statute for further detait. The Director, Division of Water Quality, nray take enforcement action for SSOs th<it rm r"ired to be.reported;to Division: unk ss it is de'rnans ra . �ftat - - 1) Cite discharge was caused by severe nahaal cp WWtom and Owe ware no foasue *amjtives to the discharge;.or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyolnd >fle reasonable oontrot of the Pe MIRee and/or owner, and the discharge oould not have been preverded by U)a exercir.- of rmNyrable contrat. Part If must be completed to provide a justification Bairn for either of the above situatrorts, This information wAl bo.the basis for the determination of any enforcement action. Therefore. it is important to be as ate as possible. WHETHER OR NOT PAidT ii IS COMPLETED, A 81GNATURE IS REQUIRED AT THE END Cf THIS -FORM:. CS-SSO Form Rage 1 10,124113 State health department sees sharp rise in at -will workers :: WRAL.com I v} d R} Hidden Taxes Take Rare Discovery The 5 Dumbest Effect Jan. 1, 2014 Helps Lower Blood Things to Do If Pressure You're in Debt 55 Comments Tricks Car Insurance Agents Don't Want You to Know How to Get Freakishly Long Eyelashes in 7 Days WRAL.com welcomes your comments on this story. All comments are moderated prior to publication based on our posting guidelines. Please review them prior to posting and if your message is not approved. This blog post is closed for comments. page 1 1 2 <prev next> sort order: oldest first I newest first this is really a non story when you look at how small the percentages are in each of these depts. iamsiam1096 September 4, 2013 12:25 p.m. Report abuse If you have to insert your political hacks into the decision -making roles, then your policies have no merit. stormwaterguy September 4, 2013 12:20 p.m Report abuse Another factor in converting these jobs is in raises and salary increases. The regular SPA (subject to personnel act) employees have a pay scale and get raises according to the state budget. EPA employees (which are exempt personnel act) have no salary range and can get whatever salary/raise deemed by superiors. We saw that a few weeks ago with those 24 year olds that got big raises without any credentials. This will allow McCrory to "reward" performers and fire under -performers without much fanfare. SaveEnergyMan September 4, 2013 12:00 p.m. Report abuse �,%w v.tivral .comrstate-heal th-department- sees-sharp-rise-i n-at-w A I I-v orkerst 12824259/ FR 1 :Toijn of _t. F'.auL FAX Ffi i, : 910;F.S = : {'� Aug. 25 '=i_i] ci 04F'I1 P Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PACT I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE S80 AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HAROCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE. APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etc.) Describe the "severe natural condition" in detail?-- ge(iti t' . J r /i�cl v/ l7•�i i How much advance warning did you have and what actions were taken in preparation for the event? Commenis: Grease (Oocumentation such, as cleaning, inspections, enforcement actions, past overflow reports,�ucafional materialaiidistribution un reues , . aa poWhen was the last Gore 0115 spt:dfic Rr1e (or wet well) was cleaned? Do you have an enforceable grease ordinance fhat requires new or retrofit of greaw trapsiinterceptors? n Yoal_ � No (�t-s�Al !NE Have there been recent inspections andior enforcernent actions taken on nearby restaurants or other I Yes' No �i qi� NE nonresidential grease contributors? Explain.. Have there been other 5505 or bkhck7ges in this area that YA�fe also caused by grease? I iYos_i. No n�C! NE When? If yes, describe them: Have cleaning and inspections over been increased at this location? Explain. GS-SSO Form I�! Yi No LiKA17 NE _. Page .2 10/24113 State health department sees sharp rise in at -WWII vorkars :: WRAL.com "So you are saying that Bush's cabinet should have stayed in place when Obama was elected? Sound's great to me. submoa" oh geez, REALLY???? apples to apples please Scubagirl t.; September 4, 2013 11:28 Report abuse THIS JUST IN: NCCapitol: RT @binker: Nesbitt says #ncga should also exercise oversight over NCFAST and NCTRACKS systems at DHHS. #ncpol — Wednesday, September 4, 2013 9:30 AM HeadsUp September 4, 2013 11:11 a.m. Report abuse "Pat has done nothing that has not been done by the dems. So again stop complaining." -- nachocheez Problem McCrory faces is that he ran on doing things BETTER than the Dems had. But the way it's working out -- not so much. And now he's just an unpopular with independent voters as Perdue was. He's now officially Bev II, Pat Perdue. I sorely regret voting for him. Won't make that mistake again. HeadsUp September 4, 2013 11:05 a.m. Report abuse Pat has done nothing that has not been done by the dems. So again stop complaining. nachocheez So, you don't mind political corruption in itself, you only mind who's doing it? Nice case of integrity you got there Hoss. Vote for Pedro September 4, 2013 10:30 a.m. Report abuse It's funny that the conservatives/right wingers here are all for wanting these employees to be subject to political pressures while trying to perform their duties. If they encounter wrong doing or are being pushed for political means to do something wrong, they better think twice about speaking up or they very well will be fired. The number of exempt employees was reduced for that exact reason after the then Democratic controlled government was caught doing just that. Eventually this abuse was discovered and something was actually done to fix it, now y'all want to go back to those kind of shananagins..... talk about hypocrisy. Vote for Pedro September 4, 2013 9:42 a.m. ww.,m%Tal.com/state-health-department-sees-sharp-ri se-i n-at-vvi I I-worleers/ 12824259/ FPCIM :Towti of St- Pa,-tI.s FAX H0. :910865:3849 AiLtg. 25 2011.3 2: (jFFH P4 3'-C -j Have educational materials about grease been distribtrted in the past? 0-1 Ye—: L .' No 1...K1 IAF NE When? and to whom? Explain? It the S30 Occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? F-1 YeL—1 No �A NE . . . . ........ . .. . .......... - ................ ........ . . ............ . . . . . .... . . ..... . . . . .. ........ Comments-. Roots Do you have an active root control program on the line / area in question? F111 Yel *1 No 11"NA!" NE Describe Have cleaning and Inspections ever been increased at this kK-ddon becauso of roots? Y--"—'] No 7LXA f—,'NE. Explain: What corrective actions have been ac=mplished at the SSO location (and surrounding system if associated with the 350)? What corrective actions are planned at the SSO location to reduce root intnision? Has the line boon smoke tested or videced within the post year? 7 YOCI No 1;-KNA f NE If Yes, when? Comments: Inflow and Infiltration _ Are you under an SOC (Special Order by Consent) or do you have a schedule in any Permit that F-1 YesJ I N-CP11IA11 1 NE addresses III? CS-SSO Form Page S 5 10/24/13 State health department sees sharp rise in at -will vorkers :: WRAL.com Report abuse telemon No squirming here!! No I don't think Obama changed the whole employment of those departments. But neither is Pat. And if you are trying to compare NC to the Nazi regime...... UMMMMM .... I think you need to look to Washington for that comparison. What a one sided mind you have. Like I said libs only see what they want to, not the whole picture. I can just as easy pick apart things the dems have done and compare that to the Nazi regime. Pat has done nothing that has not been done by the dems. So again stop complaining. notexactly September 4, 2013 7:16 a.m. Report abuse What also factors into these positions is that you better be donating to the right campaigns to maintain that position. If you don't give McCrory the max. donation to his reelection campaign, they might be unemployed. So by shifting all these positions to "at will", McCrory has millions coming into his coffers. corey3rd2 September 4, 2013 7:15 a. m Report abuse page 1 1 2 <prev next> sort order: oldest first I newest first 16 MULTIMEDIA SPOTLIGHT 3 e' '18i: LXiPfi{H4a 5 F J Yi E}tta ,^ 9 Ac, Interactive: Interactive: US Timeline, issues in Affordable Care Act budget battle Syria's civil war ,� XV Craw leigh road Search WRAL Track CBC Solar construction project recipes Farm more FACE I C ontagt W I Advertise I Totals I RSS Feeds I Tbpics I N't�dAO I Social I Envi l Afort:> I AdChoices 92013, Capitol Broadcasting Company, Inc. f�kivac.y FbHcy I Terms C.if Us(, I Site Map v%w.v.+nTal.comistate-health-department-sees-sharp-rise-in-at-W II-v crkersli 2824259/ 910-433-3326 voice 910-486-607 fax Email: belinda.henson@ncdenr.gov p e6ed uWo j OSS SJ E-mail correspondenceslp end from this address may b%,;" , At, 0,�j)QrQgATublic Records Law and may be disclosed to third parties. 4luasaA aie swo}s!s !o pu!il lei M kA Go Green! Print this emoiil only when necessary. Thank you for helping NCDENR be environmel�l'�c�`� ' ' B�i'�'i�'> Q inoys ' ;� sP'°,'a' 'bugsaj ja uone}uewnaoa) 0in(ie� jueuadlnbqnuope S dwnd :sluawwoo 0()We l S110 W SOSS Pa)R'I8J VI a,nv vntnwd o) Peuueld ale suo!pe aAgaa.uOo J©4)O»UM :uiv,Idxa 'saA )I �N QVN (—(oN j a al i <Jsfl � pataedsu+ u wea�scin pue uwlea� OSy ayl uI sralem aae�ns fiuryaeluoa sawl Ile e� el TC-•�j al -u�% f � J�,x,� a-�� •}�% 3N F1VN 71 ON l� 19AAM uuols L%M suogoaW= ssOn m MQpj p saoinn jolew /,ue )aadsns nog( p(] :uleldn 'sa,� 1l 3N VN �- I o �A ( LMsiald u«lanpeJ UI suog"dde ueol �o lue,6 tue uaaq aaat 1 aneH ✓ r/n �c �'�Jn!ir . � O Non r� ¢,[ - p 5 ;uleldxe �s$,� )I 3N j_IVN CDoN L� I �u� uow9noA !ejKteo ineA ui spefoid palelai Ill aaagj eiv —.... _ :suoIP8 tens Io salels ay) pum,mssa w ele suor PL )e4M e)tolpul pue ua1IM 'saA 11 3N f vN u sA - eaA sed ai u!L uM jo sa a ows uaa gun ei Se iJ a fi ! . P�?!� pepal �{ q I I) la . ..c. a OuatuMM V pp suogae iu" pue pa)oldwoo 1pnls a4l SUM uatlM 'saA p 314 IVN ON (�s) Lua1OW pSS ayt le uM)shs uopzapoa aip ul swajgojd I!I auluita)ap o) 581prus mop Aue uaaq 0.10y1 seH r?aol II!ds MA)e no a 4jeax )Sel ay) ultlUM uoil s��a P )ep 18 I etpultu,p �o eonpaj al us){q uaaq aAeU suorlae an!laa.uoa JBUM :ssA p u!eld t3 s� Ha n:c. i=i C h11H i�r•8�59���>>T.�Z: 'i=il1 :nH�-'1T''�1 } JL i_ir;ol; Illl:�A FROM : Tow;-), or at:. Paki.I S FAX 1.10. 91131,?r=.5v849 Ai_t-j. 25 201 1 2: t=5SPH Fh Audible l'�Yos Visual I Jves SCADA (two-way communication) i] Ytis Emergency Contact Signage I I yes Other f i Yes Osscribe the equipment that.failed? What kind.of situations trigger;an alarm condition at this station (Le, pump failure, powerfailuro, high water, etc.)? Were no6fic4tion1alarrn systems operable? (�'Yesr-No (_! NA7I NE If no, explain: If a pump tailed, wh6n was the last maintenance andlor inspecUW" performed? What specifically was checked/mainWrted? If a valve failed, when was it fast exercised? v Were all pumps set to alternate? !lYesri No i1 NA F-1 NE Old any pump show above normal run times prior to and during the SSO event? C-71 Yas _; No F_i NA[] NE Was a spare or portable pump immedtatetyavaffable? i Ye5 K No F, NALl NE If a float problem, when were the floats last tested? How? If an auto -dialer or SCADA, when was $e system Last tested? How? Comments: CS-SSO Form Page. .5 _ 7 Henson, Belinda From: Henson, Belinda Sent: Monday, October 07, 2013 12:36 PM To: 'Eddie Lanier' Cc: mark brantley (mark.brantley@ncdenr.gov); Belnick, Tom; trent allen (trent.allen@ncdenr.gov); Lopez, Dale Subject: RE: Wastewater Treatment Plant Alternate Operating Scenario - WestPoint Home - Wagram From: Eddie Lanier [ma iIto: Eddie. Lan ier@wphome.com] Sent: Friday, September 27, 2013 10:45 AM To: Henson, Belinda Subject: Wastewater Treatment Plant Alternate Operating Scenario - WestPoint Home - Wagram When we talked about our wastewater permit a few weeks ago, you indicated that we could propose an reduced operating schedule and that NCDENR would consider whether it could be approved. I am wondering how detailed that needs to be. Below are my tentative thoughts on this. Could you give me some feedback on whether this would be sufficient? Eddie, I have talked with Tom Belnick in our Permitting Unit in Raleigh and his suggestion since a permit renewal is due in January 2014 to address the reduction or elimination in monitoring for Color and Toxicity in the application for the renewal of the permit. We appreciate the update and if we can be of further assistance please let me know. RM- MTF7 Currently WestPoint Home (WPH) operates a wastewater treatment plant under NPDES permit No. NC0005762. This is a major permit with a maximum allowable flow of 7.0 IVIGD, and it requires operators to be on -site 24 hours a day, seven days a week. It previously treated wastewater from two WPH textile facilities as well as from a Gulistan Carpets finishing plant. All of these plants have now been closed and the only influent going forward will be occasional filter backwash from the on -site water filter plant that supplies water to the fire protection system, as well as a tiny volume of sanitary wastewater from the small crew of associates that will remain as caretakers of the property. A local water/wastewater service provider nearby (Laurinburg/Maxton Airport Commission (LMAC)) has indicated interest in acquiring the water and wastewater treatment facilities to provide additional capacity to that area but they are not currently in a position to complete the purchase. WPH is currently negotiating a right -of -first - refusal sales contract with LMAC. In return, it is our understanding that a representative from the LMAC has received tentative approval from NCDENR to negotiate a renewed permit that could remain in effect until such time that LMAC can acquire and integrate these facilities into their operation - even though the discharge during that period will be minimal. LMAC will pay the permit renewal costs. Proceeding under that understanding, WPH is proposing to maintain sufficient staff on -site to operate the wastewater treatment plant until LMAC acquires the facility or until it is sold to another entity. During that time, WPH is requesting the following operating scenario: FF:i IH : Town-i of at. P._+.0 I FAX HO. 91086531:49 ALiq. 25 010 061`11 P7 Power outage (Documentation of testing, records, etc., should be provided of alternative power source upon request.) - - What is your alternate power orr pumping source? / �y _... �/t7. ?'���...C% I.'.s.,.lt-'�i'- �.� �d /''l/='fi'�r b //✓lam -�.r Did it function properly? -- T--^ 'Y'es _i No[ NAI ' NE f "r Describe? When was the aftemate power or pumping sauce fast tested under load? i If caused by a weather event, how much advance roaming did you have and what actions were taken to prepare for the event? a. .. ... .... .......... ......... ......... . ......... .....:... Comments: Vandalism Provide police report number: Was the site secured? If Yes, how? Yes, NaP`NA1 iNE Have there been previous problems with vandalism at the SSO location? V I it Y No NE If Yes, explain: What security measures have been put in place to prevent similar occurrences in the future? F.] Yd i No] 171 NE Comments: Debris in line (Flocks, sticks, rags and other items not allowed in the collection system, etc.) What type of debris has been found in the tine? Suspected cause or source of debris. � Are manholes in the area secure and intact? CS-SSO Form Yes TNo nl4i I NE Page 6 3 1. A certified operator and a certified back-up operator will remain on our staff. One of these individuals will be on site five days a week, eight hours a day. 2. The plant will be maintained in good working order at all times to produce good quality effluent. 3. The plant will discharge water only periodically, on an as -needed basis. During periods of discharge, all sampling and testing will continue as required in the permit. 4. Since textile dyeing is no longer done at this location, WPH is requesting that the permit be modified to eliminate the color monitoring requirements. 5. Since no process wastewater is now entering this facility, WPH is also requesting that toxicity monitoring be reduced or eliminated. Please let me know what you think. Does this need to be done in a formal letter? If so, who should it be addressed to? Thanks for your help! Eddie Lanier WestPoint Home, LLC 523 Fob James Drive Valley, AL 36854 334-756-5541 706-518-0674 (cell) "The information and any files contained in this e-mail message are property of WestPoint Home LLC, its subsidiaries or affiliates, and are intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you hereby are notified that use, dissemination, distribution or copying of this information is strictly prohibited. If you have received this communication in error, please immediately notify us by return e-mail and destroy the original message. Thank you." FRI_NI : To!et-i ot =; t., Rau 1, FAX I- Cr. 91CIE6533, {9 Ai.ua. 2T, `C lICT 2: i_i rPM RS' When was the area last checkedlcleaned? Have cleaning and inspections ever been increased at this location due to previous problems with debris? Cl Ye t No `NAi_ NE Explain: Are appropriate educational materials bt-irtg develwed and di;tritxjtMd to prevent future similar occurrences? Comments: Other (Pictures and police report, as applicable, must ba available upon request.) . ........ ....... _................ .... ............... ......................... ....__..... _....... ................ ........ .... ... ... ... ..... ........ ._......... ........._......_....__... .......... .............. .......... --- .... ....... .............. _...................: Describe: Were adsquate equipment and resources available to fix the problem? If Yes, explain: If the problem could not be immedlatety repaired, what odious were taken to Lassen the impact of the SSO? Comments: Pipe Failure (Break) ' Pipe size (inches) What is the pipe material? Is this a gravity line? Is this a force main line? Is the line a "Nigh Priority' line? Last inspection date and findings CS-SSO Form 0 YeC I No I—�G=.. 1 NE No (J�'NAI I NE 17 Y-F 1 NoF NA iNE IIYeG iNoi%NAI "'I NE . IY , No(7 A� iNE Henson, Belinda Subject: Location: Start: End: Recurrence: Organizer: DENR Fall Forum... Managers Forum Webinar Wed 10/2/2013 9:00 AM Wed 10/2/2013 12:00 PM (none) Henson, Belinda Updates on Performance Management, Budget and Organization (Look for additional Brown Bag Lunch events.this Fall.) When: Wednesday, October 2, 2013 Time: 9:00 am - 12:00 noon Where: NRC Conference Center — 4t" floor and via webinar DRAFT AGENDA 9:00 am Welcome —Julie Woosley, Managers' Forum Workgroup Chair 9:10 am Skvarla 10:10 am 10:40 am 11:00 am Harwood The New DENR Performance Management System — Secretary John Heather Horton, Internal Audit Director Anne Lasley, Director of Human Resources Performance Management Team from DENR and OSP Q&A on Performance Management Break DENR Reorganizations: DWR and DEACS —Tom Reeder, and Joe DENR Budget Updates — Rex Whaley, Chief Financial Officer and Doug Lewis, Budget Director 12:00 noon Adjourn 1 FROM .Toy i-, of 4t.. Paul FA:; h10. 91132653849 Rug. 2010 —:.07PM F'9 If a force main then, Was the break on the force main veribcal? Was the break on the force main horizantal? Was the leak at the joint due to gasket failure? Was the leak at the joint due to Split bell? When was the last inspection ortest of the nearest air -release valve to determine of opsrable? ....................._._.... -- .....- -...................... _......................................................................................................... :.:.._...._........................... _.._......_........._._.................... - ...... ---..- .......... ....-. When was the last maintenace of the air release performed? If gravity sewer then, Does the line receive now from a force main Immediately upstream of the faRed section of pipe? If yes, what measures are taken to control the hydrogen sulfide, production? - When was the line last inspected or videoed? If line collapsed, what is the condition of the Nine up and down stream of the failure? What type of repair was made? Is the repair temporary or permanent? Y44— No ✓,, NAi ! NE. i-i Ye��INo NNAi I.NE n Ye 5 No (tNAi I NE I! YaF1 No I'Vi 1Ai-i NE =IY 'l NOINNAL.-JINE Have there been other failures of this line in the past five years? Q Yesi � LNo C"I Al_I NE If so, then describe System Visitation ORO ��es CS-SSO Forro Page 8 10 Please register at: https://www.surveymonkey.com/s/HW3G9LP The webinar URL for the event is: https://denr.ncgovconnect.com/r94357246/ and the meet -me number is (919) 662-4658 if you cannot receive the audio via your computer. 47wlk NCDENRThe Forum's mission is to "provide a learning community that Sustains, Educates, & Supports DENR Managers. " Before printing this entail, please consider your budget and the environment. A If you roust print, please print only what yott treed and save ink with the free Eco-Font. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and maybe di FRO(I :'Tcxon of St. R-�ii.tls FAX HID, --9iIJ786�-,338--19 Backup Name: Date visited: I � q. 25 2CUO 2:08PH PIO i V-1yes Time visited: -/, How was the SSO rerriedialed (i.e. Stopped and dewed up)? ..... ... .. - .... .. . ....... .. f - .. . .. ....... . ....................... . ....... ........ ..... .... . ......................... ........ .............. .......... .. As a representative for the responsible party, I certify that the information contained in this report Is true and accurate to ![heY a Ct�r' kndM-e-dge. Person submitting claim: PA 0;� xtty' Date; fw')-010 _ 0101 k M CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue (;oleen H.-Sullins Governor Director October 22, 2010, CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 0820 0000 2474 4986 Stuart Turille, Town Administrator Town of St. Pauls PO Box 364 St. Pauls NC 28384 Subject: NOTICE OF VIOLATION & INTENT TO ENFORCE (NOV-2010-DV-0383) Permit No. WQCS00187 Town of St. Pauls St. Pauls Collection System Robeson County Dear Mr. Turille: Dee Freeman Secretary A review has been conducted of the St. Pauls Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report(s) submitted by the Town of St. Pauls. This review has shown the subject facility to be in violation of the. requirements found in Collection System Permit WQCS00187 and/or G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized below. Date of SSO Location Cause Total - volume--Su-r-face-Wa.ters� of Spill Volume Reaching, 08/19/2010 Manhole #3 Severe 212,500 187,500 gallons Natural gallons Condition and Inflow & Infiltration 225 Green St., Suite 714, Fayetteville, NG 28301 043 Phone: 91OA33-33001 FAX: 910-486-07071 Customer Service: 1-877-623-6748 Intemet: ww.ncvvaterquatity.org An Equal Opportunlly 1 Affirmative Action Emt;!oyef One NorthCarolzna 12 Pap 2 Mr. Turille October 22, 2010 Also, it has been noted that this office never received a proof of publication of the required, public notice that had to be published because of this spill. This requirement is also a violation of G.S. 143-2:15.1. which requires press releases and public notices to be issued when SSO's meet the appropriate criteria. Remedial actions should be taken to correct these non-compliance problems. This office requests that you respond to this Notice, in writing, within 10 calendar days of its receipt. In your response, you should address the causes of non-con.lpliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. This office is considering sending recommendation for enforcement to the Director of the Division of Water Quality for the incident(s) listed above. 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 spills, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you should have any questions, please do not hesitate to contact Tlughie White or myself at 910-433-3300. Sincerely, / `zo-m-D Belinda S. Henson. Regional Supervisor Surface Water Protection Section BSH: 14W/hw Cc: PERCS Unit Fayetteville Fifes 225 Green St., Suite 714, Fayetteville, NC 28301.5043 Phone: 910433-33001 FAX: 910 486-0707 i Customer Service: 1-877-623-6748 Internet: mvw.navaterquality.org An [qua! Oppriuniiy t Af irmative Action t: •np!o ei O11C NorthCarolina Natul'zjly, . 13 �a� c��yc�myaclt��{�c�afa'{m�` Y'.�ae�fe `5R North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 17, 2010 C RTX1r.1.ED MAIL Rr:l"UR N Rr,,CE'1P`1' REQUESTED 7009 34.10 0001 6831 8645 Stuart Turille, Administrator Town of St Pauls PO Box 364 St..Paul.s, NC 28384 Resources SUBJBCT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCSOO I87 Town of St Pauls St Pauls Collection System Case .No. DV-2010-0101. Robeson County Dear Mr. TuriI,le: Dee Freeman Secretary This letter transmits an assessment of. Oivil penalty in the amount of$1,130.03 ($1,000.00 civil penalty + $:1.30.03 enforcement costs) against the Town of St Pauls. This assessment is based upon the following; facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-.Day Repots submitted by the T own of St Pauls. This review has shown the subject' facility to be in violation. of the requirements found in Collection System Permit WQCS00.187 and G.S. 1.43-215.1.(a)(t). The violation/s that occurred are summarized -in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of St Pauls violated the tern:is, conditions or, requirements of Collection System. Permit WQCS00187 and G.S. 143- 215. l(a)(1) in the manner and extent shown in Attachment A.. In. accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any .person. who violates the terms, conditions or requirements of a permit required by G.S. 143-21.5,1(a). Location: 275 Green Street. Suite 714, Fayetleville. North Carolina 28301 Phone: 91OA33-3300 t FAX: 910-480-07071 Customer Service: 1-877-623-6748 o11C Nort7,{�¢Carohn t Internet: an+n+a.ncvral� trc u�Ntyo� ���" ��A �" �a� Ar. E:qu310ppoti;!ni,y iAifitmal:ve/u:Gnn E++itll!1\'(?f 14 Based upon the above findings of fact and conclusions of law, and in accordance, with authority provided by the Secretary of the Department of Environmerit•aad. Naturai .Resources and' the Director of the .Division of Water Qua.lity,1, Belinda S. Henson., Division of Water Quaiit� Regional. Supervisor for the l�ayetteviIle. Region, hereby make the following civil penalty assessment against the Town of St: ".Paul$. $1000.00 TOTAL CIVIL PENALTY $130.03 ENFORCEMENT COST $1.130.03 TOTAL AMOUNT DUE Pursuant to G.S. 1.43-215.6A(c), in determining the amount of tine penalty I have taken.into account the Findings of: Fact and Conclusions ofLaw 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 noneompiiance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with prograrns over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you trust do one of the following: J.. Submit payment of the penalty: Payment should be made directly to the order of the Department ofLnvironnnezrt and Natural Resources (clo not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). ]'lease submit payment to the attention. of., "Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR y Submit request, I've Y c.xaocZiin i32' 7i1e11g a"I'Aon ineludinAgas detailed, jusiWeatloti for :such request: Please be aware that a request forremission 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 15 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 subinit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following ffactors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143:13-282.1(b) was. wrongfully applied to the detriment of the petitioner; (2) wh.etber 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 whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. ]'lease note that all evidence presented .in support of your request for remission must be submitted in writing. The :Director of the Division of the Division. of Water Quality 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 Cornmissiort'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) clays of receipt of this notice. The Division of Water Quality .also requeststhat you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following .address: Daryl Merritt PERCS Unit .Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Belinda S..I:lenson, Regional Supervisor 225 Green St., Suite 714 Fayetteville, NC 28301 AND M 3. ;bile :n petition for an adnninistrative hearing w-Ath "the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment doctiment 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 :f1earings within. -thirty (36) 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 16 accepts filings Monday through Friday between the hours of 8:00 a.in. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition rarist be filed with the Office of Administrative 1-learings. The petition may be faxed - provided the original and one copy'ofthe document is :received in the Office of Administrative Hearings.within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative I-Iea.rings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand=deliver a copy of the petition to Mary Penny Thompson, Registered. Agent Del)artment of Environment and Natural. Resources 1601 Mail Service Center Raleigh., North Carolina. 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center :Raleigh, NC 27699-1617 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, Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an �i.dditional penalty. if you have any giestions about this civil penalty assessment, please contact. the Water Quality Section staff of: the Fayetteville Regional Office at (910) 433- 3300. Date Belinda S. Henson Water Quality Regional Supervisor Fayetteville .Region Division of Water Quality ATTACAMEN1'S cc: Fayetteville Tiles w/ attachments Central Files w/ attachments 17 ATTACHMENTA Town of St Pauls CASE NUMBER: DV-2010-0101 PERMIT: WQCS00187 FACILITY: St Pauls Collection System COUNTY: Robeson REGION: Fayetteville Other Violations MONITORING VIOLATION PENALTY REPORT AREA DESCRIPTION DATE VIOLATION TYPE CSOISSO(SewerOvetflow) Discharge without valid permit 08119i1Q Dischargevnihoutvalid gerrnit 18 DIVISION OF WATER QUALITY _ CIV:I:L PENAI.,TY ASSESSMENT Violator: St. Pauls Collection System County: .Robeson Case Number: CASE # (DV-2010-0101) 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; Inflow and Infiltration resulted in the loss of 212,000 gallons of wastewater., 3) The effect on ground or surface water quantity or quality or on air duality; 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; This is a repeat location and ��e�fk f i , ill. Notices of Violation and Notices of Intent to enforce have been issued in the past for spills at this location. Also, there have been t 47 . ,x I � INFER at- N iMI-7 a � 77� � to r-RIM1. Each spill was at leq , + M:pA �jt lutas. 8) The cost to the State of the enforcement procedures. $130.03 'Date Belinda S. Ilet1sou Regional Supervisor Surface Water Protection Section Fayetteville 'Regional Office 19 sTATE OF.NOR"I'li CAROLINTA DEPARTMENT OF ENVIRONMENT AND NATURAI...0 SOURC1 S COUNTY OF (LOBE SON TOWN OF .S"1". PAULS IN THE MATTER OF ASSESSMENT ) WAIVER R OF RICbH"1 1.0 AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND ST. >;'.AULS COLLECTION SYSTEM ) S TIPU.LAI ION OF FACTS P RMfT NO. WQCS00187 ) FILE NO, DV-2010-0101 1=laving been assessed civil penalties totaling $1,130.03 for violation(s) as set forth -in the assessment document of the Division of Water Quality dated November 17 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an adrninistradve 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 Quality with thirty (30) days of receipt of the notice of assessment, No new evidence in support of'a reinission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 20 JUSTIRCEi,TI ON .F011 R1N;1ViTSSION RIEQUI,,ST DWQ Case Na inter: .ENV-2010-0101 County::ROBESON` Assessed Party --TOWN OF ST PAULS Permit No. (it applicable): WQC,S00187 Amount Assessed: $1,130.03. Please use this form when requesting remission of this civil penalty. You must also complete ihe' "Request For Rernission, TVaiver of Right to an Administrative Hearing, and �ytipulation of acts" 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 iri, evaluating your request for remission. Please be aware that a request for remission is limitedto 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 hi the civil tienalty assessment document. Pursuant to N.C:.G.S. § 14313-282.1(e), remission of a civil penalty may be granted only when bile or more of the following five factors applies. Please cluck 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. 14.3.B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors &e listed in the civil penalty assessment document); (b) the violator promptly abated continuing en.viroarnental damage resulting frorll the violation (i.e., explain the stej�)s that you took to correct the violation and prevent future occ:urrerzces); (c) the violation was inadvertent or a result of an accident (i. e., ey7lain why the Wolation, was unavoidable or something you could not larevent or prepare fo►); (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.reinedial actions (i.e., explain how payment of the civil penalty i-Elill prevent your froin. pert rn'ling flze activities necessary to achieve compliance). EXPLANATION: 21 ® Complete items i, 2 and 3 Also'complete A Signature I, ? Item 4" if Restrictetl Delrye Is desired 0. Agent j ©Pnnt"your name°antl addrass ori,the reverse El Addres l ; so that we can return the card to you. 13Received by(Pdri_ i Name) - C. Date of Deliv I Attach this card to the back of the mallpiece, ��,�� J P or on the front ,f space permits u✓f '� D. Is delivery address different from item 1? El Yes i Articfe Addressed to If YES, enter delivery address below: ❑ No i FOWN•OF SAI T<PAUI S �n�41NIS'1 RA OR 1( SIRS [ t1AR I T1JRILLL '! POSI Of f ICE(130X"364 i SAINT mLl —9 NC, 28384 3 S Ice Type , } Certified Mail 13 Express Mail Registered<. ' Gl Return Receipt for Marchand C] Insured'Mail O'C.O.D. 4.. Restricted Deli_Veryl {Extra Fee)ti ©Yes 2. Article Number mrans(er(roarservicelabel) 7009 0820 0000 2474 4986 . PS Form 3811 Februa 2004._.,_._.,._. .DomesticRaturn Recei t 102sss-0z-M•t __...... ... ...... 3....... , ...........n! ..;,_....: ........P ............... ._ ........................... i UNITED STATES POSTAL SERVICE { [. `' I t4 f . t."'•'•.1.t-",•'.'��t,t.:l'••l.s;,' a+? ,.- i 1=1r,�t Cia Pagtag �1. 'Fe Plaid +P87`I1vit _d .Y irY� ° Sender: Please print your name, atldress and ZIP�47b6x�'�oMIRTH CAROIJNAUEPAR f [ .IENT OF ANU NATURAf RESOURCES nlvrs[oN OF 1VA rER QUA1 irYls , -1 okA i HUG`HIE,VVHI f)J n,t `r 225 T,I>,i rT SuliE 714 ' : 201 . 1 •AYh17rVI[,Lr NIC 28301-5043 r�a��;,,f��l,,l,,,ll,f�lri,,,fl,l,i�ilt,�`t,l�„if,il�l„,f„li►„i 22 M� 0 OL Omp gtp items jj',2j,'-qp, Also complete item,4Delivery desired. jf,�qs!odtod P6,1!v d- x 0 } fa Print your'fiame and op Ihe, reverse Addressee B. Received d�te�Nain C. Date IM De cry n the to. you so that :jq.dqqp.:rqtqq., ftkhl i6 bi6k'dfth6Jbailpld6e, M Al this card toll ' fsoa permits de 1V differlent from item Ye's 1. Ai-11616,,Addi6i�� d' If YES, enterdelivery address below: F, WN 0 F `,SAI N: I PAUL, S NIR STUART UtAMMINISTRATOR P6S'l,01'FICI',-,il3OX,364',,, SAr'rP'-A'ULS:NC 283,84' , , r Typevice Ce.itiried Mail ExpressMallllReq!stqred !ReturnReceipt for Merchandise Q insUred.'Mall III C.O.D. 4. Restricted D6!iVery? (Extra Fee) 11 Yes -, i, Article Ntr;&ar 7009 3410 0001 6831 8645 (transfer from iiervlca.labqq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-i540 w pg� E 014 UNITED W, M TIM 1'I S N , pr:, Oase;Pr ourn,ambiaddress, and -1 C E N, NA -DE NOk I'l ARO L ANNPTU �N A R -RESOURCE- _, I WA it OF,WATER 'QUA -17 RI E' 225'0�.EE-N S -SUITP 7141� T A ' trwILLE NC yr-q -5043., 23 M. GORDON WESTBROOK MAYOR COMMISSIONERS W. DAVID AYERS SANDRA G. CAIN GHEEJOHNSON SAMUEL McALLISTER McCLURE TERRY, JR. GERARD WEINDEL Justification for Remission Request —Case No. DV-2010.0101 1. Assessment Factors application to facts: STUART TURILLE Jr. TOWN ADMINISTRATOR ANNIE ESPEY TOWN CLERK THOIAAS HAGENS CHIEF OF POLICE WAYNE McDUFFIE PUBLIC WORKS Director St. Fauls is alleged to have performed the following violation: "discharge without a valid permit." To discharge something means to willfully or intentionally emit untreated sewage into the neighboring swamp, The manhole overflow was not a willful discharge, but a result of unintentional I & I. 2. The violation was inadvertent: the cause was a 5 inch,rain within 1 hour, This heavy rain exacerbates our pre-existing I & I. Though we know about the I & I, this violation was inadvertent. Many systems throughout the state would be - overwheimed by this amount of rain and experience a similar SSO. Essentially you are fining us for having aging infrastructure and no financial ability to pay for upgrades. 3. Fine Harming Remedial Actions: The Town recognizes the severity of these SSOs and is spending time and money to correct the problem, The SSOs are due primarily to inflow, since they correspond to the three 5" rains we received over the Summer, We received a $20,000 Infiltration and Inflow grant from the NC Rural Center to perform tv . work of the worst areas. The grant requires a $10,000 local match so the Town is spending money to correctthis problem. Four years ago the Town spent $50,000 to study the I & I problem. That is it for our study funding availability. Now, we need funds to fix the problem. The Rural Center grant is to provide an itemized breakdown of the recommended repairs for the worst inflow areas, However, we will not have any funds to correct the problem, once we know what they are. These fines simply drive us down further in our ability to pay for corrective measures, since they are deducted from fund balance, which we are planning to use for corrections. We tried for three cycles of funding to obtain Clean Water Management Trust Fund funds, to correct the entire system, estimated to cost $3,000,000. CWMTF authorized the Town $2,130,000 in 2008 but never appropriated the funds. (Of interest to us, NCDENR fines the Town for contamination of water that CWMTF considers not contaminated enough to protect with funding, deeming it too insignificant on their priority list). Therefore, payment of this fine will only: 1. Take money from the corrective actions we will need to perform, once the I & I study is complete. 2, Serve no useful purpose in making us correct the problem: we are in Robeson County, the number one poorest Countv in the state with 30% poverty, meaning that we cannot-Forrow un s and raise taxes to fix the I &I given that our citizens have no ability to pay. 24 The Town is committed to correcting this problem and requests that the fine be remitted so we can use our fund balance to fix this, finally, and protect our water, citizens and environment. The Rural Center study will be complete soon, at that point we will need funds to implement the recommendations. Sincerely, Town Administrator, St. Pauls, NC 25 STATE OF NO.RTIi CA1:OLINA DEPARTMENT OF I NVIRONMEN'1' AND NATURAL RESOURCES COUNTY OF R013ESON TOWN OF ST. PAULS INITHE MATTER OF ASSESSMENT j WAIVER OF RIGHT TO AN OF CIVIL PENAL"T'II,S AGAINST ) ADMINSTRATIVE HEARING AND ST. PAULS COLLECTION SYSTEM ) STIPULArI'ION OF FACTS PERMIT NO. WQCS00187 ) FILE NO. DV-201'0-0101 Having been assessed civil penalties totaling $1.,130.03 for vlolation(s) as set forth in the assessment document of the Division of Water Quality dated November 17 2010, 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 thatall evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allmved after (30) days from the receipt of the notice of assessment. This the 1.st. day of December , 20 10 a-/-- j SIGNATURE ADDRESS 210 W. Blue Street: PO Box 364 St. Pauls. ABC 28384 TELEPHONE 910-86.5-5164 MA JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-201 0-01. 01 County: ROBESON Assessed Party:TOWN OWN OF ST PAULS Permit No. (if applicabiL�): WQCS00187 Amount Assessed: $1,.130.03 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Adnunistrcrtive .I,Iecn•ing, and Stipulation UfFacts" 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 znay 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 car the accuracy of any of the factual statements contained in the civil penalty assessiiient document: Pursuant to N.C.G.S. S 14313-282.1(c), remission of a civil penalty may be granted only when. one or more of the following; five factors applies. Please clieck 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). X (a) one or more of the civil penalty assessment factors iD 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 stelas that you took to carrect the violation and premnl.Ature occurrences).. (c) the violation was inadvertent or a. result of an accident. (i.e., explain ri,hy the violation ivas una.i-oidable or something yore could notl}revert 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 hoia, payment of the cNil penally ivill,hreilent yoat ftom petforming the activities necesscoy to achieve compliance). EXPI,ANAMN: See attached letter. 27 Remission Request Summary and Recommendation To: Coleen H. Sullins :rom: PERCS Unit Date: Region: Fayetteville Reviewed by: /"-I ,;;: ✓011 Date: yl.a�, eft APS/SWPS Section Chief (initials) Assessed Party: Town of St: Patils County: Robeson Case No.: DV-2010-0101 Permit No.: WQC500187 Case Background and Assessment • 06/22/2005 DWQ issued Permit No. WQCS001.87 to `Iowa of' St Pauls • 08/19/2010 A SSO occurred in the Fayetteville.Region from the cause of Severe Natural Condition/I&I • 10/22/2010 Notice of Violation and .Eriforeement Recommendation issued • 10/27/2010 DWQ Fayetteville RO received a response to the dated NOV • 11/17/2010 Town of St Pauls was assessed a civil penalty of $1,130.03_($1,000.00 civil penalty plus $130.03 investigative costs): • $1,130.03 for one violation ofofNPDES PennitNo. WQCS00187 ® 1 1/23/2010 Green card indicated delivery of the assessment document Remission Request (Summary) • 12/02/2010 Remission request signed • 12/02/2010 Remission request received Town of St Pauls states that the SSO was not willfull and was inadvertent due to 5 inch rain in one Hour. Also the fine would prevent them from repairing what has been identified in their investigation into the 1&I. problem. The Town received $20,000 from the NC Rural Center and needs to put into that grant $10,000 of their own money, and pour years ago the Town used $50,000 to study the 1&1 problem. Region states that the Town has failed to take corrective action to four known areas of cross connection to stormwater pipes that were identified in 2005. Three overflows at this location in excess of 100,000 gallons each. The Town has failed to show justification for remission. Remission request denied. Enforcement History • The location has had repeat spills in four months in excess of I00,000 gallons each in which NOV and NOV/NOl were issued. Remission Recommendation from Re«ional Office send Central Office DWQ Fayetteville Regional Office Recommendation (Check One) Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission ❑ $ (enter amount) Comment: DWQ Central Office Recommendation (Check One) Request Denied 23 Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission ❑ $ (enter amount) Comment: K-1 DIVISION OF WATa�.R QUALITY CIVIL PENALTY REMISSION FACTORS Case Number::DV-2010-01.01 Region: Fayetteville County: Robeson Assessed Entity: Town of St. Pauls Permit: WQCSOOI.87 Z (a) Whether one or snore of. (lie civil penalty assessment factors were wrongly applied to site detriment of the petitioner: • Summarize Towns position for remission The Town states that St. Pauls is alleged to have performed a "discharge without a valid permit." The Town also states the manhole overflow was not a willful discharge, but a result of unintentional I & I. • Summarize.Regional position for Denial/Parrial/Full Remission The Town has f tiled to show coi-reclive actions lof ow- (4) known areas of cross -connections with stoPr11laale!' p1pew that xvere identified in an Inflow and Infrltralion study that was performed in 2005. This overflow was caused by a repeat cause and at a repeat location. Three (3) overflows have occurred at this location within the last four months with the overflow volumes being in excess cf 100,000gallons each. ❑ (b) Whether the violator promptly abated continuing environmental da►nage resulting from the violation: • Summarize Towns position for remission 0 Summarize Regional position for Denial/Partial/Full Remission ❑ (c) Whether the violation was inadvertent or a result of an accident: Summarize Towns position for remission • Summarize Regional position for Denial/Partial/Full Remission ❑ (d) 'Whether the violator had been assessed civil penalties for any previous violations: ® (e) Whether payment orthe civil penalty will prevent payment for the remaining necessary remedial actions: • Summarizc 'Towns position for remission The Town states that payment of this fine will only take stoney from the corrective actions that need to be perforated and that payment of the fine will serve no useful purpose in making the Town correct the problem. • Summarize Regional position for Denial/Partial/Full. Remission The Town hasfailed to show justification for remission of this penalty. rev 1.0 - $..31.09 29 DECISION (Check One) Request Denied e Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission❑ $ (Enter Amount) CAen H. Sulluas Date rev 1.0 — 8..31.09 3 0 Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H, Sullins Director August 1, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Stuart Turille Town of St Pauls PO Box 364 Saint Pauls,'NC 283840364 Subject: Request for Remission of Civil Penalty Town. of St Pauls Case Number: DV-2010-0101 Permit Number: WQCS00187 Robeson County Dear Stuart Turille: Dee Freeman Secretary 1n accordance with North Carolina General Statute 143-215.6A(t), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of$1,130.03. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR).. Send the payment within thirty (30) calendar days of your receipt. of this letter to the attention of: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 W 31 Town or St PzIuk, Case No. DV-2010-0101 Robeson Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on. Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within. thirty (30) calendar days of receipt of this letter. Send the completed form to: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you. for your cooperation in this matter.. If you have any questions, please contact Daryl Merritt at (919) 407-6307. Sincerely, ,( Y Daryl Merritt Attachments cc: Fayetteville Regional SWP Section Supervisor PERCS Enforcement Files D WQ Central Files 32 STATE OF NORTH CAROLiNA COUNTY OF Robeson iN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Town of St Pau.1S ENVIRONMENTAL MANAGEMENT COMMISSION DWQCaseNumber DV-2010-0101 REQUEST FOR ORAL PRESENTATION i hereby request to make an oral presentation before the Environmental Managennient Commission's Committee On. Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in iny original remission reguest, and because no factual issues are in dispute, my presentation will be limited to rive (d) minutes in length. The North. Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Rennissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • Ifyou are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak Oil your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the. day of 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE ( 1 33 Beverly Eaves Perdue Governor s� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen K Sullins Director August 20, 2012 CERT:[MED MAIL RETURN RECEIPT REQUESTED S I LUIrt 1'uri l l e Town of St Pauls PO Box 364 Saint Pauls, NC 283840364 Subject: Request for Remission of Civil I'e;nalty Town of St Pauls Case Number: DY7201.0-0101 Perini[ Number: WQCS00187 Robeson County Dear Stuart Turille: Dee Freeman Secretary On August 1, 2011 you were sent a Directors Remission Decision .Letter which is attached. However a Green Card confirming reciept was never received by the Division. The letter is therefore being resent. In accordance with North Carolina General Statute 143-215.611(f), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and did not :End grounds to modify the civil penalty assessment of $1,130.03. A copy of the Director's decision. is attached.. 'F%vo options are availilble to you at this stage of the remission process: 1) You may pay the Penalty. If you decide to pay the penalty please make your check payable to the Dc parttnent of Environment and. Natural Resources (DENR). Send the payment within thirty (30) calendar clays of your receipt of this letter to the attention of: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1.617 M 34 Town orSt Pauk Case No. iD V-2010-0101 . Robeson. Page 2 of 2 2) You may decide to have .1lie Environmental Management Con1mission's (EMC) Committee on Civil .Penalty Remissions make the final decision on ,your remission request. If payment: is not received within 30 calendar days from your receipt of this Letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and_rcturn the attached Request for Oral Presentation form within thirty (30) calendar days of receipt ofthis letter. Send the completed form to: Pretreatment, ErnergencyResponse, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1.61.7 The EMC Chairman will review the supporting documents and your request for an oral presentation (ifyou male the request). If the Cha.irtnan determines that. there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. lfyou have any questions, please contact Daryl. Merritt at (919) 807-6307. Sincerely, Daryl Merritt Attachments cc: Fayetteville Regional SWP Section Supervisor PERCS Enforcement Files DWQ Central Files 35 Henson, Belinda From: Bowden, Kevin Sent: Monday, October 28, 2013 3:15 PM To: Henson, Belinda Subject: talking points Hi Belinda, here are my thoughts on how to respond to the case "age" question, if it comes up. o Certainly not our intent to put this case or any other case before the remissions committee that is this old, it just so happens that this case is an older one. o Violation occurred and was significant o The Town has been assessed civil penalties in the past o We would have had this case ready to go to remissions committee in May; however, changes in the EIVIC membership precluded the Division from hearing this case. o Average time for a remission case to go from assessment to the remission committee for final agency decision = 1 year kevin Kevin Bowden Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 (phone) 919.807.6397, (fax) 919.807.6496, (e-mail) Kevin.Bowden@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 1 Henson, Belinda From: Merritt, Daryl Sent: Monday, September 10, 2012 9:47 AM To: Henson, Belinda Subject: RE: St. Pauls NOV: DV-2010-0101 Sure Belinda I will send one down to you. I was going to send this case to collection but there was no Green Card from the original letter'sent last year so I had to resend the letter. I called today and left a message for Stuart and will get up with him today if he has any further questions. Thanks Daryl From: Henson, Belinda Sent: Friday, September 07, 2012 9:58 AM To: Merritt, Daryl Cc: White, Hughie Subject: FW: St. Pauls NOV: DV-2010-0101 Daryl, We have not received a copy of the Directors Remission Letter for this case. Could you email me a copy? Thanks. Belinda From: stpaulsadmin@nc.rr.com [mailto:stpaulsadmin@nc.rr.com] Sent: Wednesday, September 05, 2012 10:38 AM To: Henson, Belinda; Brantley, Mark Subject: St. Pauls NOV: DV-2010-0101 Hello Belinda or Mark: I have a Directors Remission Decision Letter for this case, St. Pauls DV-2010-0101 but cannot locate the original NOV. Do you have a copy you can send me? I am not sure I know what it is referring to. Thanks, Stuart Turille Administrator St. Pauls NCDENR North Carolina Department of environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 1, 2011 CERTIFIED MAIL RETURN RECEIPT REOUESTED Stuart Turille Town of St Pauls PO Box 364 Saint Pauls, NC 283840364 Subject:. Request for Remission of Civil Penalty Town of St Pauls Case Number: DV-2010-0101 Permit -Number: WQCS00187 Robeson County Dear Stuart Turille: In accordance with North Carolina General -Statute 143-215.6A(f), the Director of the North Carolina Division of Water Quality- considered the information you submitted in support of your request for remission and did not find -grounds to modify the civil penalty assessment of $1,130.03. A copy of the Director's decision is attached. Two options. are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the: penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days -of your receipt of this letter to the attention of Pretreatment, Emergency. Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 OR Town of St Pauls Case No. DV-2010-0101 Robeson Page 2 of 2 2) You.may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment- is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and .the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact Daryl Merritt at (919) 807-6307. Sincerely, Daryl Merritt Attachments cc: F.etthl_eRegion 1riW-_ *n•,,Sup ervisor PERCS Enforcement Files DWQ Central Files STATE OF NORTH CAROLINA COUNTY OF Robeson IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Town of St Pauls ENVIRONMENTAL MANAGEMENT COMMISSION DWQ Case Number DV-2010-0101 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of . 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE ( 1 DIVISION OF WATER QUALITY . . CIVIL PENALTY REMISSION FACTORS Case Number: DV-2010-0101 Region: Fayetteville County: Robeson Assessed Entity: Town"of St. Pauls - -, Permit: WQCS00187 ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the - detriment of the petitioner: • Summarize Towns position for remission The Town states that St. Pauls is alleged to have -performed a "discharge without a valid permit." The Town also states the manhole overflow was not a willful discharge, but a result of unintentional I & L - • Summarize Regional position for Denial/Partial/Full Remission = The Town has failed to show corrective actions to four (4) known areas of cross -connections with stormwaterpipes that were identified in an Inflow and Infiltration study that was performed in 2005. This overflow was caused by a repeat cause and at a repeat location. Three-(3) overflows have occurred at this location within the last four months with the overflow volumes being in excess of 100, 000 gallons each. ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from . the violation: • Summarize Towns position for remission • Summarize Regional position for Denial/Partial/Full Remission ❑ (c) " Whether the violation was inadvertent or a result of an accident: • Summarize Towns position for remission • Summarize Regional position for Denial/Partial/Full Remission ❑ (d) Whether the violator had been assessed civil penalties for any previous violations:. ® (e) Whether payment -of the civil penalty will.prevent payment for the remaining necessary. = remedial actions: A Summarize Towns position for remission The Town states that payment of this fine will only take money'from the corrective actions that -need to be performed and that payment of the fine will. serve no useful purpose in making the Town correct the problem Summarize Regional position for Denial/Partial/Full Remission The Town has failed to show justification for remission of this penalty. rev 1.0 — 8.:31.09 DECISION (Check One) . Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑- No ❑ Partial Remission❑ $ (Enter Amount) Co een H. Sullins Date rev 1.0 — 8.31.09 DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: Region: County: Assessed Entity: Permit: ® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Example: • Summarize Towns position for remission The Town states that... • Summarize Regional position for Denial/Paritial/Full Remission The Town has failed to show, has shown, ect... ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Example: • Summarize Towns position for remission The Town states that... • Summarize Regional position for DenialParitiaUFull Remission The Town has failed to show, has shown, ect... ® (c) Whether the violation was inadvertent or a result of an accident: Example: • Summarize Towns position for remission The Town states that... • Summarize Regional position for DeniaUParitiaUFull Remission The Town has failed to show, has shown, ect... ® (d) Whether the violator had been assessed civil penalties for any previous violations: The Town has or has not been assessed previously ® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Example: • Summarize Towns position for remission The Town states that... • Summarize Regional position for Denial/Paritial/Full Remission The Town has failed to show, has shown, ect... rev 1.0 — 8..31.09 DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission❑ $ (Enter Amount) Coleen H. Sullins Date rev 1.0 — 8.31.09 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF ROBESON TOWN OF ST. PAULS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND ST. PAULS COLLECTION SYSTEM ) STIPULATION OF FACTS PERMIT, NO.:WQCS00187- ) FILE NO. DV-2010-0101 Having been assessed civil penalties totaling $1,130.03 for violation(s) as set forth in the, assessment document of the Division of Water Quality dated November 17, 2010, 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 Quality with 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 1st day of December ,20 10 2 SIGNATURE. ADDRESS 210 W. Blue Street PO Box 364 St. Pauls, NC 28384 TELEPHONE 910-865-5164 C) CENG=u®i-«. 0 2 2010 00WQ JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-0101 County: ROBESON Assessed Party: TOWN OF ST PAULS Permit No. (if applicable): WQCS00187 Amount Assessed: $1,130.03 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 applies. 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). X (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; X (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: See attached letter GORDON WESTBROOK MAYOR COMMISSIONERS W. DAVID AYERS SANDRA G. CAIN GHEEJOHNSON SAMUEL McALLISTER McCLURE TERRY, JR. GERARD WEINDEL GARRIS NEIL YARBOROUGH ATTORNEY DEC 0 z 2010 Justification for Remission Request —Case No. DV-2010-0101 DWO 1. Assessment Factors application to facts: STUART TURILLE Jr. TOWN ADMINISTRATOR ANNIE ESPEY TOWN CLERK THOMAS HAGENS CHIEF OF POLICE WAYNE McDUFFIE PUBLIC WORKS Director St. Pauls is alleged to have performed the following violation: "discharge without a valid permit." To discharge something means to willfully or intentionally emit untreated sewage into the neighboring swamp. The manhole overflow was not a willful discharge, but a result of unintentional I & I. 2. The violation was inadvertent: the cause was a 5 inch rain within.l hour. This heavy rain exacerbates our pre-existing I & I. Though we know about the I & I, this violation was inadvertent. Many systems throughout the state would be overwhelmed by this amount of rain and experience a similar SSO. Essentially you are fining us for having aging infrastructure and no financial ability to pay for upgrades. 3. Fine Harming Remedial Actions: The Town recognizes the severity of these SSOs and is spending time and money to correct the problem. The SSOs are due primarily to inflow, since they correspond to the three 5" rains we received over the Summer. We received a $20,000 Infiltration and Inflow grant from the NC Rural Center to perform tv work of the worst areas. The grant requires a.$10,000 local match so the Town is spending money to correct -this problem. Four years ago the Town spent $50,000 to study the I & I problem. That is it for our study funding availability. Now, we need funds to fix the problem. The Rural Center grant is to provide an itemized breakdown of the recommended repairs for the worst inflow areas. However, we will not have any funds to correct the problem, once we know what they are. These fines simply drive us down further in our ability to pay for corrective measures, since they are deducted from fund balance, which we are planning to use for corrections We tried for three cycles of funding to obtain Clean Water Management Trust Fund funds, to correct the entire system, estimated to cost $3,000,000. CWMTF authorized the Town $2,130,000 in 2008 but never appropriated the funds. - (Of interest to us, NCDENR fines the Town for contamination of water that CWMTF considers not contaminated enough to protect with funding, deeming it too insignificant on their priority list). Therefore, payment of this fine will only: 1. Take money from the corrective actions we will need to perform, once the I & I study is complete. 2. Serve no useful purpose in. making us correct the problem: we are in Robeson County, the number one Poorest Coun in the state with 30% poverty, meaning that we cannot-Forrow funds and raise taxes to fix the I &I given that or citizens have no ability to pay. The Town is committed to correcting this problem and requests that the fine be remitted so we can use our fund balance to fix this, finally, and protect our water, citizens and environment. The Rural Center study will be complete soon, at that point.we will need funds to implement the recommendations. Sincerely, Town Administrator, St. Pauls, NC ATTACHMENTA Town of St Pauls CASE NUMBER: DV.2010.0101 PERMIT: WQCS00187 FACILITY: St Pauls Collection System COUNTY: Robeson REGION: Fayetteville Other Violations MONITORING VIOLATION PENALTY REPORT AREA DESCRIPTION DATE VIOLATION TYPE 1,000.00 CSO/SSO(Sewer Overflow) Discharge without valid permit 08/19/10 Discharge without valid permit A a NCDEHR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 3410 00016831 8645 Stuart Turille, Administrator Town of St Pauls PO Box 364 St. Pauls, NC 28384 Division of Water Quality Coleen H. Sullins Director November 17, 2010 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00187 Town of St Pauls St Pauls Collection System Case No. DV-2010-0101 Robeson County Dear Mr. Turille: Dee Freeman Secretary This letter transmits an assessment of civil penalty in the amount of $1,130.03 ($1,000.00 civil penalty + $130.03 enforcement costs) against the Town of St Pauls. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of St Pauls. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00187 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 the Town of St Pauls violated the terms, conditions or requirements of Collection System Permit WQCS00187 and G.S. 143- 2.15.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a 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). Location: 225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Phone: 910433-3300 \ FAX: 910486-0707 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org Nne orthCarolina ,aturally An Equal OpportunitylAtfirmative Action Employer Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Belinda S. Henson, Division of Water Quality Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against the Town of St Pauls. $1000.00 TOTAL, CIVIL PENALTY $130.03 ENFORCEMENT COST $1130.03 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 Quality 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 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND Belinda S. Henson, Regional Supervisor 225 Green St., Suite 714 Fayetteville, NC 28301 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 G�►f1� Mail or hand -deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Fayetteville Regional Office at (910) 433- 3300. It- 1-1-ID Date ATTACHMENTS cc: Fayetteville Files w/ attachments Central Files w/ attachments e�n _J. Ka4'1J&O Belinda S. Henson Water Quality Regional Supervisor Fayetteville Region Division of Water Quality STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF ROBESON TOWN OF ST. PAULS IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND ST. PAULS COLLECTION SYSTEM ) STIPULATION OF FACTS PERMIT NO. WQCS00187 ) FILE NO. DV-2010-0101 Having been assessed civil penalties totaling $1,130.03 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 17, 2010, 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 Quality with 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 G1 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-0101 County: ROBESON Assessed Party: TOWN OF ST PAULS Permit No. (if applicable): WQCS00187 Amount Assessed: $1,130.03 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 applies. 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: DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: St. Pauls Collection System County: Robeson Case Number: CASE # (DV-2010-0101) 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; Inflow and Infiltration resulted in the loss of 212,000 gallons of wastewater. 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; This is a repeat location and repeat cause for the spill. Notices of Violation and Notices of Intent to enforce have been issued in the past for spills at this location. Also, there have been three spills in this area within a four -month period. Each spill was at least 100,000+ gallons. 8) The cost to the State of the enforcement procedures. $130.03 Date Belinda S. Henson Regional Supervisor Surface Water Protection Section Fayetteville Regional Office M Complete items 1,'2, and 3. Also complete Item 4 if Restricted Delivery is desired. o' Print your name and"address on the reverse so that we can return the card to you. o Attach this.card to the back of the mailpiece, or on the front if space permits. . 1.:Article Addressed to:' TOWN OF SAINT PAULS TOV,'N, ADMINISTRATOR MR STUART TURILLE POST70FFICE BOX 364 SAINT PAULS NC 28384. A. Signature %N ❑ Agent ❑ Address B. Received by (Printed Name) C. Date of Relive D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3 gCertifiecl ice Type . Mail' ❑ Express Mail egistered ❑ Return Receipt for,Merchandi, 0 Insured Mail -- O C.O.D. 4. Restricted Delivery? (Extra Fee)' ❑ Yes 2. Article Number , (fransferfrom service labeo 7009 0820 0000 2474 4986 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-18 i UNITED STATES POSTAL SERVICE a 3 'Malt - i ° Sender: Please print your name, ad dregs, ZIP+" phis box ! NORTH CAROLINA DEPARTMENT OF ENVIRONMENT 1 ANUNATURAL RESOURCES � ii l f - c ,� ! DIVISION OF WATER QUALITY(SU[R7PA-�&. A I EIZ�P} FFCTION I HUGHIE WHITE ��' i 225 GREEE`' STREET SUITE 714 OCT 1 1 6 2010 FAYETTEVILLC NC 28301-5043 I '! 1E Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we - can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits: 1. Article Addressed to: TOWN OF SAINT PAULS MR STUART TURILLE ADMINISTRATOR POST OFFICEBOX 364 SAINT PAULS NC 28384 2. Article Number (Transfer from service label) A. Signature XY ❑ Agent ❑ Addressee B. 11recelved b (Printed Name) C.,Date f Delivery D. Is delively address different from item I ? 1�es If YES, enter delivery address below: ❑ No 3. gviece TypeCrtifidMail Express Mail Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 7009 3410 0001 6831 8645 PS Form 3811, February 2004 Domestic Retum. Receipt UNITED �ST�TS PC?ST��E + f r ,i�rfsaaes�Pa 'I. „fir, •��}.:"�i� :3�:`?:z�:�. .;L"'d��'•�``'^' '��' V� ,,,.w,r��^ .iw.Y TP I Y on. ° Sender: Please Tint our name, address, and ZII�" is box I I I NORTH CAROLINA DEPARTMENT OF ENVIRONMENT I AND NATURAL RESOURCES � DIVISION OF WATER QUALITY/SURFACE WATER PROTECTION ! HUGHIE WHITE 225 GREEN STREET I SUI rE 714 FAYE'1"TEVILLE NC 28301-5043 ! L; J I ' I 4 ❑ Yes 102595-02-M-1540 ,Class. a). ;-r - I UNITE DSTTFS Fc� LLSE Q VICE t rr %� aF'y5[y� Nagi �?.I WIG I•. :JI � IUy,� �_'y�il3i:l. . �L 1V VPF_�y 'vY�.515tY I ° Sender: Please print your name, address, and ZI " 'in box I I NORFH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY/SURFACE WATER PROTECTION HUGHIE WHITE L I 225 OREEN STREET I SUIfE714 2 010 1 FAYEYFEVILLE NC 28301-5043 i I I ' I r 'DIV-11010 0101 t 4ryR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 0820 0000 2474 4986 Stuart Turille, Town Administrator Town of St. Pauls PO Box 364 St. Pauls NC 28384 Division of Water Quality Coleen H. Sullins Director October 22, 2010 Subject: NOTICE OF VIOLATION & INTENT TO ENFORCE (NOV-2010-DV-0383) Permit No. WQCS00187 Town of St. Pauls St. Pauls Collection System Robeson County Dear Mr. Turille: Dee Freeman Secretary A review has been conducted of the St. Pauls Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report(s) submitted by the Town of St. Pauls. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00187 and/or G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized below. Date of SSO Location Cause Total Volume Reaching Volume Surface Waters of Spill 08/19/2010 Manhole #3 Severe 212,500 187,500 gallons Natural gallons Condition and Inflow & Infiltration 225 Green St., Suite 714, Fayetteville, NC 28301-5043 Phone: 910-433-3300 \ FAX: 910-486-0707 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina An Equal Opportunity \ Affirmative Action Employer Page 2 Mr. Turille October 22, 2010 Also, it has been noted that this office never received a proof of publication of the required public notice that had to be published because of this spill. This requirement is also a violation of G.S. 143-215.1, which requires press releases and public notices -to be issued when SSO's meet the appropriate criteria. Remedial actions should be taken to correct these non-compliance problems. This office requests that you respond to this Notice, in writing, within 10 calendar 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. This office is considering sending recommendation for enforcement to the Director of the Division of Water Quality for the incident(s) listed above. 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 spills, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you should have any questions, please do not hesitate to contact, I, ri �V�IIite or myself at 910-433-3300. Sincerely, Belinda S. Henson Regional Supervisor Surface Water Protection Section BSH: HW/hw Cc: PERCS Unit Fas ettevi111e F,ls 225 Green St., Suite 714, Fayetteville, NC 28301-5043 Phone: 91OA33-3300 \ FAX: 910-486-0707 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina M Equal Opportunity \ Affirmative Action Employer ND Lt' ao 10 - AV - 0393 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WQCS00187 (WQCS# if active, otherwise use WQCSD#) Facility: St Pauls Collection System Incident# 201002950 Owner: Town of St Pauls Region: Fayetteville City: Saint Pauls p County: Robeson Source of SSO (check applicable) : ! Sanitary Sewer ❑ Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc.) : mahole #3 Manhole# Latitude (degrees/minute/second): Long itude(deg rees/mi nute/second): Incident Started Dt: 08/19/10 Time: 12:15 AM Incident End Dt: 08/19/2010 Time: 12:30 PM (mm-dd-yyyy) hh:mm AM/PM (mm-dd-yyyy) hh:mm AM/PM Estimated volume of the SSO: 212500 gallons Estimated Duration (Round to nearest hour): 12:15 Describe how the volume was determined: Took flow from August 18, 2010, reading and compared to two days flow. Weather conditions during SSO event: Stormy Did SSO reach surface waters? ! Yes ❑ No ❑ Unknown Volume reaching surface waters (gallons): 187500 Surface water name: Big Marsh Swamp (Marsh Swamp) (Lake McNeill, Odom Pond Did the SSO result in a fish kill? n Yes W Non Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFICcause(s) of the SSO: ■ Severe Natural Condition ■ Inflow and Infiltration 24-hour verbal notification (name of person contacted) Hughie W DWQ n Emergency Mgmt. Date and Tlme White 2010-08-19 06:45:00 AM If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the county where e the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the re a ncn a statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form Page 1 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition Describe the "severe natural condition" in detail? Heavy rain and lightning and thunder. Very severe with 5.2 inches of rain. How much advance warning did you have and what actions were taken in preparation for the event? 1.5 hours Comments: Was here at the WWTP when storm came. Inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any permit that addresses 1/1? Explain if Yes: What corrective actions have been taken to reduce or eliminate I & I related overflows at this spill location within the last year? Had to get new TV camera to check for cross connection. Has there been any flow studies to determine 1/1 problems in the collection system at the SSO location? If Yes, when was the study completed and what actions did it recommend? June 2009 smoke testing Has the line been smoke tested or videoed within the past year? If Yes, when and indicate what actions are necessary and the status of such actions: TV'd line to find problems. Found two cross connections. Are there I/I related projects in your Capital Improvement Plan? If Yes, explain: Suppose to know soon on getting grant money. Have there been any grant or loan applications for 1/1 reduction projects? I I Yes El No JJ NA n NE JJ Yes 0 No ❑ NA FINE N Yes El No n NA I I NE W Yes n No n NA FINE I I Yes JJ No I I NA I I NE CS-SSO Form Page 2 If Yes, explain: Do you suspect any major sources of inflow or cross connections with storm sewers? JJ Yes ❑ No ❑ NA ❑ NE If Yes, explain: We believe that there are at least three cross connections. Have all lines contacting surface waters in the SSO location and upstream been inspected recently? JJ Yes ElNo ❑ NA ❑ NE If Yes, explain: Check swamps every week. What other corrective actions are planned to prevent future 1/1 related SSOs at this location? Getting ready to tv more lines. Comments: TV equipment was down for repair. System Visitation ORC I I Yes Backup Yes Name: Cert# Philip James Schroeder 988802 Date visited: Time visited: How was the SSO remediated (i.e. Stopped and cleaned up)? Raked up debris and hosed down area and spread lime out. CS-SSO Form Page 3 As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: Philip James Schroeder Signature: Telephone Number: Date: 08/24/10 12:00 AM Title Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form Page 4 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form V 1/2009 PART This form shall be submitted.to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: IVQ CS pp / R,7 (WQCS# if active, otherwise use WQCSD#) Facility: Te5Uin a/' S'f. pe+v/S 9 C:ent# C , S Owner: 7-.�cu„ .� f Sf . �u✓ (c Region: rGw e � �e City: S Pam.✓l$ County: ?, 4e c a 4 Source of SSQ (checkaTp—_Licaffle' )F I Sanita ,,;t S wer ❑ pump Station /Lift Station SPECIFIC location of the SSO (be consistent in description from past.reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc.) : - 6 Ae /-4 s i re e Manhole# 3 Latitude (degrees/minute/second): Longitude(degrees/minute/second): ncident Sta ed ®t dime: ( -dd-yyyy) hh:mm AM/PM ( m-dd-yyyy h:mm M/PM it t mat d volume o&he�S E _ - / T/'gallons stlmated D.uratiom 113,aund tea ,e�, imam Did SSC! reaoh - rface w ers? es ❑ No❑ Unknown o'u a rea hng surface waters (gallons): Surface water name: AafLh Ssl-.-cr ,,., S ~-► Did the SSO result 'n a fish ki'? ❑ Yeso❑ Unknown If Yes, what is the estimated number of fish killed? SREOFF.11, taus (a) of the SSG: ��' Q Seveie Natura! Co dition. El Grease ❑Roots Inflow and Rnf11_ati'v ❑ Pump Station Equipment Failure ❑ Power outage Vandalism ❑ Debris in line ❑ Other (Please explain in Part 11) ❑ Pipe Failure (Break) Manourivemal IF MatIMMOMMIM of perso contacts) ' gw ❑ Emergency Mgmt. yy 5 If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first. knowledge to all print and electronic news media providing general coverage in the county-W-fte-r-e-1hieischarge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the —reTe—re-n-ce-a statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is aemonstratea tnat: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as possible. WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form Page 1 of =t.. Pau Au-j. 25 2010 2 : f--14PI1I P2 3Y Pws-s r Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number : 0 d f ,0 !Y 7 �. (WQCS# if active, otherwise use WQCSDt#' Facility: / vW Owner: c.+1✓ o City: 4, / Source of SSO (check applicable); a Sanitary Sewer SPECIFIC location of the SSO (be consistent in dt Manhole at Wep4& Bragg tc.) : Manhole # Latitude(degreeslminutelsecond): --- Incident # Region; _o 'f J7 r u1_•i%led County:vh{to,e� ❑ Pump Station / Lift station from past reports or documentation - i,e. Pump Station 6, I_ongitude(degreeslminute/second): Incident Started Dt: r % - 2 a ° Tree_ v Incident End Dt -F /y /19 %-7o /-- (mm-dd-yyyy) Ir :mmAkt/P�M Time:� (��yyyy) hh:mm AMlPM Estimated volume of the SSO: , 4!d Q gaMpns Estimated. Duration (Round to nearest hour)• Describe how the volume was deterrrrs,ed: °°��/a'� �^ f'h-/� ��" Weather conditions during SSO event:r��r.- . Did SSO reach surface waters? Yes❑ tVo❑ Urdmovun voturne.readririgsurface waters (gallons): �75a DOU Surface water name: 8"f AA, ����rw Did the SSO result in a fish kill? ❑ YesglNZO Unl=wn If Yes,. what isfteestiRtrated nurnber,of.fish kitFad'i SPECIIFFI�IC��cause(s) of the SSO: rWsevere Natural Condition EC Inflow and Infiltration n Vandalism ❑ Pipe Failure (Break) n ❑ Pump Station EquiprrreatFaikae ❑ in line ❑ Roots n Power outage ❑ Other (Please. explain in Part II) 24-hour verbal notification (name of person corrNcW, .. e 'r �✓�' -Y-4 U--j t.11fergmi6y tmyrrrr. r.rd[tl trnM4ja-yyyy): 1 p/ L:..O tlmB(hh'Pnn7'At1R/PiVi)C d " C�/� If an SSO is ongoing, please notify Regkml Office on a dailyy.basis until:.S.SO can be stopped: Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1.000 gallons or more;ofuntreated.wastewater tasurface• . waters shall issue a press release within 484xnrrs•of first knowledge to afipvi�ttrarrdonicnews.media:providing: gene(al - , coverage in the county v�tfie dikmtaW occ nred. When 15,000 gaHvns orzrwb of untreated wastewater enters -surface.. waters, a public notice shall be published within 10 days and proof of ptiltGgtion siis�;be:Provided to.it►e Divisiorr•wit#iin `3.t1d8ys:: Refer to the referenced statute for further detail. The Director, Division of Water Quality, may take enforcernent action for SSN am required to•be.reported to Divisiorl urtless.it:: - -- _. is emons a that: - . 1) the discharge was caused by severe natural condNioms and there,ware no feasible actives to the discharge -,:or. 2) the discharge was exceptional, unintentional, temporary and caused,byfitmO s•beyomd fire reasonabie.controtafthe Permlttee. and/or owner, and the discharge could not have been prevented by Via exercise of reasmabte Control - Part II must be completed to provide a justification claim for either of the above situations. This information wltl.be-the basis for the determination of any enforcement action. Therefore, it is important to be as vvHE I HLK UK NOT PART 11 IS COMPLETED, A SIGNATURE IS.REQUIREP AT THE END OF- THIS FORM.- CS-SSO Form Page 1 _.o o{ =t.. Pauls FAX 1,10. :910-853849 Hiia. 25 2010 Gi }Pf,l P Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form FART l I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Apprrcable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWO REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Severe Natural Condition (hurricane, tornado, etc.) Describe the "severe natural condition" in detail? c�v/ . ile1 e How much advance warning did you have and what actions were taken In preparation for the event? Comments: lA n v/ 7�f bJ �Y/+✓ �"o//h L'/4A�rr Grease (Documentation such as cleaning, inspections, enforcement actions, past overflow reports, ed—Oc-6fional material'an- distribution a e, .e c. s ould bi3 avar a e upon request-) When was the last time this specific fine (or wet well) was leaned? Do you have an enforceable grease ordinance that requires new or reu*ofrt of grease:tra interceptors? n YeLl No F9KAn NE Have there been recent inspections and/or eOorcement actions taken on nearby restaurants or other n Y.,[]No r4'd�An NE nonresidential grease contributors? Explain. Have there been other SSOs or bknkages i1 this area that were also mused by grease? f7I Yar 7 No ,'-;<Ar_i NE When? If yes, describe them: Have cleaning and inspections ever been in&-eas;ao at this kcafion? 0 Y4 I No i kKA17 NE Explain. CS-S5O Farm Page 2 .1 of St.. Pa_tl.s. FAX hJO. :9108653849 Auci . 25 2010 i=15Fl°1 P4 Have educational materials about grease been distributed in the past? When? and to whom? Explain? If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? Comments: Roots Do you have an active root control program on the line / area in question? Describe Yet_jNoI_... A —NE n YeC ] No �Ai ] NE i I Yes I No 5NAF] NE Have cleaning and inspections ever been increased at this bcatioon because of roars? ❑ Y-L] No [.N Al i NE Explain: What corrective actions have been accomplished at the SSO bcation (and surrounding system if associated with the SSO)? What corrective actions are planned at the SSO location to reduce root intrusion? Has the line been smoke tested or videoed within the past year? YeC No lyTtvAn NE If Yes, when? Comments: Inflow and Infiltration Are you under an SOC (Special Order by Consent) or do you have a schedule in any permit that 1 Ye 1 No E KAF I NE addresses I/1? CS-SSO Form Page 3 of It. Pa._tl FAX' 1,10. :9108G,5 849 HLt-a. 21, 201CI 051=11 F5 Explain if Yes: What corrective actions have been taken to reduce or eliminate I & I related overflows at this spill kxation within the last year? Has there been any flow studies to determine Ill problems in the collection system at the SSO location? I is No ❑ NA NE If Yes, when was the study completed and what actions did it recommend? Has the line been smoke tested or videoad within the past year? Yes dRVo I_I NAI, _,.J NE If Yes, when and indicate what actions are necessary and the status of such aeons. /-.-.-%iNrr _ a Are there Ill related projects in your Capital Im v t�, P P� P1�t • �1 4�'S'ac%I Na F1 NA I � NE If Yes, explain; Of d.cr k 111;v Have t ere been any grant or loan applications for In reducfi�n P*cts? I_T Yet KNo I__I NAIJ NE If Yes, explain: Do you suspect any major sources of inflow or Cross connections with storm sewers? 2Yed_I No I J NAI_I NE If Yes, explain: 41 Have all lines contacting surface waters inthe SSO location and upstream been inspected recently? e i — No I_7 NAI-I NF If Yes, explain: What other corrective actions are planned to prevent future IA related SSOs at this location? Comments: Pump Station Equipment Failure (Documentation of testing, records etc., shout be provided upon request.) What kind of notification/alarm systems are present? Auto-dialer/telerrietry (one-way communication) I —I Yas CS-SSO Form gage 4 FAX [-,10. :9108657--,849 Ru-a. 25 2010 2:06PM P6 0� St. P-3.Lll-S Audible ZIYQS Visual SGADA (two-way communication) 17 Yes Emergency Contact SignNe F—I Yes Other Yes Describe the equipment that failed? What kind of situations trigger an alarm condition at this station (.e. pump failure, power failure, high water, etc,)? Were notification/alarm systems operable? If no, explain: If a pump failed, when was the last maintenance and/or inspection performed? What specifically was checked/maintained? If a valve failed, when was it last exercised? Were all pumps set to alternate? Did any pump show above normal run times prior to and during the SSO event? Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, etc.)? Was a spare or portable pump immediately available? If a float problem, when were the floats List tested? How? If an auto -dialer or SCADA, when was the system last tested? How? Comments: No 1'. 1 NAn NE ,Yen Non NA F7 NE: YyFj No F INA 0 NE No 0 NAB NE Y-LeN. f-1 NA F I NE CS-SSO Form Page 5 of St. Paula. FRX 1-,10. :9108653849 Hu-9. 25 2010 2:06PM P7 Power outage (Documentation of testing, records, etc., should be provided of alternative power source upon request.) What is your alternate power or pumping source? C!� 4662.r his "eel Did it function prp.'ip 1� - Yes' I No I NA NE Describe? When was the afternate power or pumping source W tested under kyad? If caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? Comments: Vandalism Provide police report number: Was the site secured? If Yes, how? F1 NE Yef� No FO"NA F I Have there been previous problems with vandalism at the SSO location? L 46❑ NE If Yes, explain: What security measures have been poat in place to prevent similar occurrences in the future? nYf -1 No 1—kMA F] NE Comments: Debris in line (Rocks, sticks, rags and other items not allowed in the collection system, etc.) What type of debris has been found in the fine? Suspected cause or source of debris. Are manholes in the area secure and intact? D—Y;sTN- 54 L. NE CS-SSO Form Page 6 o+ 3t.. Pau Is. FAX NO. : 91!_-8653_4-3 Aug. 25 2010 2: 07PM PR. When was the area last checkedldeaned? Have cleaning and inspections ever beers increased at this location due to previous probiems With debris? F_I YeJ_j No Z� NAR NE Explain: Are appropriate educational materials being developed and distributed to prevent future similar ❑ t No !_ A�1 NE occurrences? Ye Comments: Other (Pictures and police report, as applicable, must be available upon request.) Describe: Were adequate equipment and resources available to fix the problem? CI, NAn NE If Yes, explain. - If the problem could not be immediately repaired, wtiat actions were taken to lessen the impact of the sso? Pipe Failure (Break) Pipe size (inches) What is the pipe material? What is the approximate age of linelpipe? (years old) Is this a gravity line? F-1 Y-F1 No i riI NAr I NE Is this a force main line? FlYes 1 No I d/f NAl 1 NE Is the line a "High Priority' line? n Yas_No 1;4U NE Last inspection date and findings CS-SSO Form - Page e 7 f. =t. P,aLil _ FAX HO. 9108,65 849 Aug. 25 2010 G_t?PM P9 If a force main then, Was the break on the force main veritical? Was the break on the force main horizantal? Was the leak at the joint due to gasket failure? Was the leak at the joint due to split beU? When was the last inspection or test of the nearest air -release valve to determine of operable? When was the last maintenaca of the air release performed? If gravity sewer then, Does the line receive flow from a force main immediately upstream of the failed section of pipe? If yes, what measures are taken to control the hydrogen sulfide production? When was the line last inspected or videoed? Yg�J No NA _ NE n Yestri No ��NA�� NE n Yet I No VVNAF I NE 7 Ye�-] No I "A F� NE i] Yesrl No IK NAfJ NE If line collapsed, what is the condition of the line up and down stream of the failure? What type of repair was made? Is the repair temporary or permanent? If .temporary, when is the permanent repair planned? Have there been other failures of this lime in the past five years? ❑ Yesj_I No IJ�A JI NE If so, then describe Spstem Visitation ORC 5'es CS-SSO Form Page B of =t. F'a._tl_ FAX HICI. :9103 53:349 H4_!y. 25 2010 2:0EFM P10 Backup Name: i Fi�J (J14 r $_ Cert# G41 1,13 S S' Sr S- 3 9 Date visited: 0 -i y+� Time visited: 12; 30 4z 1_i Yes How was /the SSO remediated (i.e. Stopped and cleaned up)? / As a representative for the responsible party, I certify that the information contained in this report is true and accurate to th eT`of my know e 9e- Person submitting claim: i i Ji fJ,r�� �� �it•r Date: -a �� - of p Signature: I-C4, -, �: � � -..... ..-- idle: bjd�l .1c1� el r _ (I- eG lle r_- ri 4l L � Telephone Number_ �l� - (p �'�� z( Any additional information desired to be submitted should be sera to the appt�rtate pm Regional Office within five days of first form is completed. 9 knowledge of the 880 with reference to the incYdent number (the incident number is only generated when electronic entry of this 'rf used). CS-SSO Form Page ._._9 pppl r f = t. Pau l FHA; 1,10. : 9108G.533 49 M. GORDON WESTBROOK MAYOR COMMISSIONERS W. DAVID AYERS SANDRA G. CAIN GHEE BLAINJOHNSON SAMUEL bfcALLISTER DORIS H. SUTTON McCLURE TERRY, JR. GARRIS NEIL YARBOROUGH ATTORNEY ST PAULS, N.C. 28384 STUART J. TURILLE, JR, TOWN ADMINISTRATOR ANNIE S. ESPEY TOWN CLERK R.THOMASHACENS . CHIEF OF POLICE A. WAYNtw McDUFFIE PUBLIC WORKS DIRECTOR FAX TRANSMISSION: (910) 865-3849 TO: (� " ATTN:r DATE:" FROM: f # OF PAGES TO FOLLOW: MESSAGE, �4 c\v /��,� _ /,� N sip �c aT �j P.O. BOX 364 o ST. PAULS, NORTH CAROLINA 28384 0 (910) 8'65Z I64 o FAX (91D) 865-3849 www.-tna i i I .qnr. rinv BIMS Page I Basinwide-Informatfoo Management System Login Logout SSO Details 24 Hour Details 5 Day Details Questions Agencies Events Permit: WQCS00187 Incident Number: 201002950 Facility Name : St Pauls Collection System County: Robeson Owner: Town of St Pauls Region: Fayetteville City: Saint Pauls 24 Hours SSO Start Date/Time 08/19/2010 12:15 am Est. Volume: 212500 gallons (mm/dd/yyyy hh:mm am) Report Received: Report Entered: ----------- Name ::,White. Hucihie. ,Brantley, Mark. Date/Time (mm/dd/yyyy hh:mm am), 08/19/2010 06:45 am J10113/2001:34 pm EM #: Reporting Person: 1�,' Schroeder, Philip James First Name Middle Name: I . . ............ . . ........ . ..... - --- -- Last Name: Phone # Contact Person :4:j --- Select Value FirstName Middle Name:' Last Name: Phone # Action Taken -7-1:7- http://bims.enr.state.nc.us:7001/login.do-,jsessionid=VGZNM4cQRYMytdgcgblQQIS7FR8FdLT]Hk4v5J2VGFNSvbBLcPm7... 10/15/2010 M.GORDON'WESTBROOK MAYOR COMMISSIONERS W. DAVID AYERS SANDRA G. CAIN GHEEJOHNSON SAMUEL MCALLISTER GEARD WEINDEL McCLURE TERRY, JR. October 27, 2010 Belinda Henson Regional Supervisor Surface Water Protection Section NCDENR 225 Green St. Suite 714 Fayetteville, NC 28301-5043 Re: Notice of Violation —St. Pauls Collection System' NOV-2010-DV-0383 Hello Ms. Henson: STUART TURILLE Jr. TOWN ADMINISTRATOR ANNIE ESPEY TOWN CLERK THOMAS HAGENS CHIEF OF POLICE WAYNE McDUFFIE PUBLIC WORKS DIR The Town is in receipt of your notice. The cause of the manhole # 3 overflow is the 5" rain that we received within 1 hour on August 19, 2010.This was exacerbated by the heavy Inflow & Infiltration the Town has experienced for a number of years. A calculation of the Town's I & I is attached. The data show that, even in "normal" months, we reach as high as 85% of WWTP capacity. A 1" rain is an additional 107,000 gallons inflow, according to a MACTECH Engineering study. In this instance it was 107,000 gallons x 5" or 535,000 gallons, pushing us well over WWTP capacity of 500,000 gallons and flooding the WWTP. We pulled up a 2005 smoke testing study performed by MACTECH.Engineering, indicating 4 areas of possible cross connections with stormwater. To date we have employed heavy equipment to dig up the road and inspect these sources on 2 of the sites. We have inspected broken cleanouts at our mobile home park and are beginning work, with our crews, to repair deteriorated manholes. Unfortunately, our crews were diverted to repair broken water mains in the last few weeks. In short, we are trying to do what we can on our own, but the total problem is beyond the scope of our crews. Since the last SSO, we wrote a planning grant to the NC Rural Center specifically to address I & I. The Town match will be around $15,000. We did receive this grant and will begin this work soon. Additionally, I have met and conducted meetings with Representative Yongue, Senator Walters and Executive Director of Clean Water Management Trust Fund on obtaining a portion of the $2,000,000 authorization for collection system improvements, which was awarded the Town in 2008. The meetings were conducted in October of this year. You may also recall that the Town Administrator attended your course on I & I, to get a better understanding of causes and solutions. As the poorest County in NC, based on median household income, we do not have the ability to raise taxes 200% to finance the necessary improvements to correct the I & I ourselves, which would require contracted crews and the purchase of substantial manhole and line materials. I consider this problem the number one issue facing the Town and understand the urgency of addressing it. Not only does it hurt the environment but it limits economic growth in the area. We appreciate your patience. Let me know if I can assist you further. Stuart Turille Town Administrator St. Pauls, NC