WQCS00026_Remission (Request)_20230420

City of
onro e
LaserFiche
monroenc.org • 704-282-4601 • PO Box 69 Monroe NC 281 1 1
RECEIVED/NCDEQ/DWR
April 20,2023
APR 'z 4 2023
WQROS
Mr.Andrew Pitner MOORESVILLE REGIONAL OFFICE
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue,Suite 301
Mooresville, North Carolina 28115
Subject: Response to Notice of Violation and Assessment of Civil Penalty for violation of N.C., General Statue (G.S.)
143-215.1(a)(6)and
Collection System Permit Number WQCS00026/City of Monroe Collection System
Union County, North Carolina
Case No. DV-2023-0056
Mr. Pitner:
This response is to the referenced Notice of Violation and an assessment of Civil Penalty in the amount of$878.16 dated
March 22,2023 and received March 24, 2023 for a sanitary sewer overflow(SSO)occurring during in the month of January
2023. City of Monroe Water Resources Department will offer information for DWR's consideration for remission of the civil
penalty assessment.
DWR has identified the 1920 Wolf Pond Road SSO for a Notice of Violation (NOV) and an assessment of a civil penalty. City
of Monroe Water Resources is requesting remission of penalties for this SSO incident.
Please see the attached completed documents which include the"The Justification for Remission Request",the explanation
of the factors which apply to the incident and the "Waiver of Right to an Administrative Hearing and Stipulation of Facts"
forms.
Thank you for reviewing the information attached to this letter.
If you have any questions or require further information, please contact me at phone number 704-282-4624 or via email
[e-mail].
Sincerely
C71
i ,
Scott E. Clark
Director of Water Resources
City of Monroe Water Resources
Attachments: DWR's letter with received date; "The Justification for Remission Request" form with explanation; "Waiver of
Right to an Administrative Hearing and Stipulation of Facts"form.
Cc: PERCS Branch, DWR Raleigh
Mr. Michael Meilinger, DWR Mooresville(email)
Mr. Mark Watson,City Manager, City of Monroe

STATE.. r i I
[ MAR 2 4 2023
ROY COOPER pa��r/ I
J�. I�
Governor ✓ C` _
ELIZABETH S.BISER �aa r
Secretory
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail#7022 0410 0000 7789 4650
Return Receipt Requested
March 22, 2023
Brian J Borne, City Manager
City of Monroe
PO Box 69
Monroe,NC 28 1 1 1-0069
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00026
City of Monroe
Monroe Collection System 42 A
Case No. DV-2023-0056
Union County ��,A��,�
Dear Mr. Borne:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$878.16($750.00 civil penalty+
$128.16 enforcement costs)against City of Monroe.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by City of Monroe. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00026 and G.S. 143-215.1(a)(1). The violation(s)that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Monroe violated the terms, conditions or
requirements of Collection System Permit No. WQCS00026 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a).
D_E Q North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 61O East Center Avenue.Suite 3O1 Aloorrsvilk.North Carolina 28115
704 6631699

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I,Andrew
H. Pitner,Assistant Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment
against City of Monroe:
$750.00 For 1 of the 1 violations of Collection System Permit No. WQCS00026 and G.S. 143-215.1(a)(1)for
Sanitary Sewer Overflow(s)resulting in a discharge without a valid permit.
$750.00 TOTAL CIVIL PENALTY
$128.16 Enforcement Costs
$878.16 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Andrew Pitner, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville,NC 28115

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions) -provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1)copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Joanna Harbison with the Division of Water Resources staff of the Mooresville
Regional Office at(704)663-1699 or via email at joanna.harbison(&ncdenr.gov.
Sincerely,
DocuSigned by:
A+ w H 15:44 .
`—F161F869A2D64A3_.
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office -Enforcement File
PERCS Compliance/Enforcement Unit-Enforcement File

ATTACHMENT A
City of Monroe
CASE NUMBER: DV-2023-0056
PERMIT NO: WQCS00026 REGION: Mooresville
FACILITY: Monroe Collection System COUNTY: Union
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202300131 1/25/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 4,240 $750.00

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0056 County: Union
Assessed Party: City of Monroe
Permit No.: WQCS00026 Amount Assessed: $878.16
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
X (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:
e6 11C'L,<< l CUie 0 ed b(p) r)c IUi1

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Monroe )
Monroe Collection System )
)
PERMIT NO. WQCS00026 ) CASE NO. DV-2023-0056
Having been assessed civil penalties totaling$878.16 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated March 22, 2023,the undersigned,desiring to seek remission of the civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
i t
This the day of /11/°(i1 , 20,2
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SIGNATURE
ADDRESS
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Justification for Remission of Civil Penalty Assessed for Incident#202300131 on 1/25/2023
City of Monroe Water Resources Department respectfully requests that the civil penalty assessed be
reviewed for reduction or eliminated from a total penalty and fees of$878.16. In support of this
request, City of Monroe Water Resources offers the following explanation in support of the factors
indicated on the "Justification For Remission Request"form above which apply to the reasonableness of
the amount of the civil penalty for the incident.
City of Monroe Water Resources Department is requesting remission of the individual penalties for the
following incident, described below, based upon the explanation provided for each factor as required for
the remission request. The explanation for each of the factors noted relates to the penalty assessment
factors used to determine the individual penalty . The incident described below was not the result of
willful or intentional acts on the part of City of Monroe Water Resources, since the circumstances were
outside the control of City of Monroe Water Resources. The duration and gravity; effect on water
quantiity or quality were mitigated as quickly as possible considering the circumstances.
Factors applied for remission of penalties:
(c)the violation was inadvertent:
The information below is evidence as rationale that the event described was an inadvertent occurrence
and is respectfully requesting remission of the civil penalty.
The area of Monroe, NC received approximately 2" of rainfall within a four(4) hour period, resulting in
significant flooding events as identified in the photos below. The rainfall placed a significant challenge
on the immediate collection system along Wolf Pond Road, at the site of incident# 202300131.
City of Monroe Water Resources Department started a Collection System Monitoring Program utilizing
six (6) Smart Covers. The Smart Covers help us to track and identify significant sources of inflow and
infiltration. As indicated on the attached Smart Cover report, sigificant spikes in collection system flows
were observed as a result of the large volume of rainfall in a short-amount of time.
As a result of the Notice of Violation, City of Monroe Water Resources Department received approval
from the City of Monroe City Council to purchase an additional nine (9) Smart Covers for the immediate
sewer basin along Wolf Pond Road. The Smart Covers will allow us to locate the source of the significant
inflow and infiltration. Furthermore, staff are reviewing the areas requiring sewer rehabilitation within
the basin and will develop the best strategy for addressing the challenges.

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()111'()(, Purchase Order
111111111111110 III THIS NUMBER'MUST APPEAR ON ALL INVOICES.
0 0 2 3 1 1 6 9• PACKAGES,AND SAPPING PAPERS.
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City of Monroe Operatons Center
ATTN Accounts Payable 2401 Walkup Ave ;,..,•.._.:_ Water ned Sewer•Ma nte.aece
P O Box 69 Monroe.NC 28110
Monroe. NC 28111-0069 30 Days
accountingemonroenc orq
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4324 BROGDON EXCHANGE
SUWANEE GA 30024
VENDOR PHONE NUMBER VENDOR EMAIL VENDOR NUMBER REQUISITION NUMBER BUYER NAME DELNERY REFERENCE
114a-4 2'023'55U Karen Peregar
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