WQCS00002_DV-2024-0040_20240501 (2)

JUSTIFICATION FOR REMISSION REQUEST a
DWR Case Number: DV-2024-0040 County: Wake
Assessed Party: City of Raleigh
Permit No. (if applicable): WQCS00002 Amount Assessed: 595.36
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 notthe 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. Pursuantto N.C.G.S. § 143B-282.1(c), remission of a civil penalty
maybe 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 143E-282 1(b)
were wrongfully applied to the detriment of the petitioner (the assessment
factors are listed in the civil penalty assessment document);
X (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
preventfuture 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
(i.e., explain if previous violations have resulted in you being assessed civil
penalties);
(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 (attach additional pages as necessary):
See Attached Explanation and Documentation

City of Raleigh Attachment to Justification for Remission Request
For DV-2024-0040
Explanation and Documentation
Incident Number # 2OZ301600 12/02/2023 — 3731 Charleston Park DR., Raleigh, NC, 27604
The City of Raleigh hereby submits the following explanation and documentation in support of its request for
remission of the civil pe nalties assessed on April3, 2024, by the Directorof the Division of Water Resources (DWR)
in DV-2024-0040.
This spill was neither willful norintentional. It resulted from a grease build-up, restricting the sewerflow within a
section of the 8-inch gravity sewer main. This build-up led to a sewer spill of approximately 4,680 gallons of
untreated wastewater, approximately 2,680 gallons of which reached an unnamed tributary within the Neuse
Basin. (See Exhibit 1— Area of Operation)
On 12/02/2023, at approximately 10:55 PM, Raleigh Water staff responded to a customer complaint about a
sewerodornear3731 Charleston Park, DR., Raleigh. Upon arrival, Utility Responders identified an active sanitary
sewer overflow emanating from a sanitary sewer manhole (see exhibit 2- Affected Asset-SMH112198). The
responding staff took all reasonable stepstostop and mitigate the impact of the discharge, gaining control of the
spill incident by 12:13 AM on 12/4/2023. Crews utilized hydraulic jetting to remove the source of the blockage
within the affecting asset, thus restoring sewer flow.

Containment and collection of this spill incident consisted of employing a temporary containment site
downstream of the affected asset. This approach was intended to contain wastewater flow and minimize the
environmental impact on the surrounding land. Crews successfully contained approximately 2,000 gallons of
untreated wastewater before it reached the state's surface waters, preventing further environmental pollution
(see Exhibit 3 — Containment and Collection efforts). Responding crews employed pumps at the temporary
containment site to recover flushed wastewater and any evidence of sewercompleting the operation by re-
introducing the contained wastewaterto the collection system.This spill was contained without a significant
environmental impact on the adjacent area and its natural resources. Visual inspection of the affected area and
downstream waters confirmed no fish kill or unnecessary vegetative damage.

During the restoration phase of the operation, crews utilized ample potable water to flush the affected area and
remove sewertraces from the surrounding area. The area around the manhole and containment area was cleared
of debris, treated with lime, and restored with grass seed and straw.
Further assessment of this incident determined thatgrease accumulation on the gravity main that feeds into 24-
Peyton Hall PS caused a grease blockage that led to the subsequent overflow. Code enforcement action was
initiated to send educational outreach material to approximately 358 property owners upstream of the affected
area. The requested outreach literature explains the need for customers to use the sanitary sewer collection
system properly. It also serves as an opportunity for citizens to partner with Public Utilities to protect the City's
water quality and the sewer collection infrastructure. See Exhibit 5 — Code Enforcement Educational Outreach
Effort.

oNratlro+ux,/mbN.
iNc%mP.nr ��mo,.,P..nua n uNrY N.e NrnmwbyP.bN. m.Nem..b
ubM%.MbtaharyvPgbnmutm Mn Ve Lift'>Na4/rvY/..'.el.Yaw^4M' a
VNh. WCer. Lrna mraP. VweaiMb P.^�.CrNa srp�h fianPNr.9pr
fwr•'Yp vaiNn Ruua /u W E.hn.1N «Y MC tlb Lh Pm.P w
pn0.y mw��nwun.ary NnrfY.sn MYeeplNfe+a'pinlMpps.
xor 00d..pi.Na nP.ne.d hon,eNunv d.n n. mu.
CO xoi W n.lelltl N..NloeaaYL IP. alepwa.l YNWa.'NpA wdl
wx4 a.nn 4 ebv�a a•%Nwa. mea.nN wewP or on.,
Pn.eex rm•••P
ro xor N. n.......rx•^' �, a. ulmbn xN... bNo d m.N.. H bN
PtE49E NpMe�l ead4p o...M pr.a. M. mnYer vt al.poN el N
pbp�
�F.e°mir wNla.m..em.N�l.o 4.w �pwrw
4s O'M1 VMVY.KmryiWNluaCrvr94Pnntl rbOe Nnb vwtM ��
u'Nawb h.N ea em4vwnre woernnb.mtl FVbFY w..eb N.MWr Yeu�
.rW 14N P•w.tlAYN'er*OA b/YT*hdWd9mmM
rerewa.•...Ma.y rule a•mNr�.p'�n.cn m^dw. poem W wati
LWb•CyrmeMnaen=fl9MB.413 a1 mY Ma ]IMne.LY.l dye.wek.
FunN4HamtMnM NP'Wtlwe Nlo-vamaM aer:u+A^M1 iweeanW Fbk
W We OtpNM4 W NMaI•Lwewlr9 w m ne wtil Aww Nn'tl.bma HSeI)W IWG
vA 4+m MPMb W Wa MwmePMmn'nmNnrmarc.+b Im. r8.ia Y..a.pnpNa.
rtml rerrb veMn. on F .MMe.
FYns M4 u Oe.eM Ntle.. am.V. b M1WnY ab Pv vnrtamM
Px OYbJumeN d.r W P4N 4Ntlb n N M/bb
°O:
.;�,:
Raleigh
FalnuN m..a
u�dP+Yv+r.o.ru..n+ae.Nw-ndman.m.d.o:u.un vubw
PI d. W ub.n b M eM4v PP b.Y. .mmN A wNrYb N tl u4m Y
.bN/4➢.YvbYbaONNN.l9. Nrb pbtla Odr.YM.e NFa Pla.Mmtl
NI�WbwnMwwn.n4g.v.6w trlRen.eelM N... •runer.r.
mxMMtl BEM.MMf.1.Ytltl4P%a5•rie:neNA14TP. nY�Mw N.rae.Nxn. J.
.webblMaeitlbgb.�e+v'u..nna W'I4
.b YPw W 4 dbN Y.wY. M auin.. q Y d.4e4
I'^wpbl xmNONm.rbwa p.Nar4. n.+d.atl«+tlHb rrNwr.l.
bawd Yw�l. �.e � anivyrd� d dnA..naeN..
w.�.nN.�tl.m«N e. tl..rrww...r epwre A Y.e.u..Pn.
Mrin �.p�ro k�1•�ewes ll.erppm.�r urrsbl4mYN..wrl..
rwr..o, �meNr�``rN N N Nn�..w er.o N.ud i..br�...n Pr.em..w
u.P. pnb mr Y wr+n:a d e.o. rbub..aa... Pm w
pN b.Oerw wWnm
Ftl.b.+Yr P..w.rb.»d..s. 1m PNtl+a•N�bP...u.•A PbuPNP N Y..d
.YN.4H wP4 u+Yb /W 4tlbn mwwY. ebb N Ou 4vh Y r.J
dbatltlYtlb F.'o twNn NmNnmdiWid�Nbw M.WMnllmdeN
dwm+dbyWeb dbn..Ye.b W..P4x//�NYb.. w.P+sr•
PN.Nboew. m.wNb. wMbb r.^'a.NFMbe IVtlw P/Lwb s..
IYlun.d VP^N.P...nMa.ay. sYdmvotnNnrW New iaWu�
Pngadxyp4ddNod0wb.Tietlm.dY[wA. iam.IYLMYgrd
CF.r.amwd 9wmaP�t.aw tlffffK)Z.Omaubr+Nnnro. w N wN dmi b
YYbw4..^n.
Ptl. W.W m...piN[Nn Yb.quN WaP1rA.0 WNua..mnrma.tltlal..
ebq.NNmeW mrtldYwNrbd SNrkb. Pi.rNb Nvob4ry
��P�UnN eryLYamY NtlYtlmvNPNb�N.atl ddrwbee d
b �medma. s%h4 YTapbdb. dYx/Mbnbd
I4 Mv. F<•A. nYdnain.vab..YPw.abrl m.eoPKNp.
The cost associated with the mitigation of this incident amounted to $3,210.84. The approximate cost to the Utility
to treat 4,680 gallons of wastewater would have been approximately $7.02. The City saved no money from this
spill. Its costs for cleanup exceeded the cost of treating the volume of sewage had no spill occurred. Furthermore,
the City still had to pay for treating the greater volume of sewage created by the spill.
This section of the collection system is located downstream of a residential area. It provides sewer collection
services to approximately 358 properties upstream of the spill incident (see Exhibit 6 - Zone of Influence). This
specific portion of the collection system experienced a non -reportable grease related SSO incident on 2/11/2022
in which approximately 135 gallons of untreated wastewater remained on the ground and did not reach surface
waters. The cost of this nor reportable SSOwas $467.27. The approximate costto the Utility to treat 135 gallons
of wastewater would have been approximately $.20.

A press release notification was requested to be published in the Raleigh News & Observer as required by NCGS
Article 21, Chapter 143.215.1C. See Exhibit 7— Press release.

Exhibit ]—Press
Raleigh Water Responds to a Sanitary Sewer Overflow
Reminder. Keep All Grease Out of the System
Dn SaudA, Dec 2 M23 a appminWery 9 so pd RAi*0 War MR was
nt, d a a A"a,.ewer Odor In Fa v lefty o1 F.]Tlt Chadasbn Peh Dr Ra O,
W.Al Wiry Respmdaa l&raped an ad.e u::a ovMbw inWq ban
atlaX09.basmve�min iM i..pad-y;un tact zf*Nc CXskpeb IRRaM
dY F.OW0,Asimpact ai mnn Fry arth'aJ iha NqN CazdM 0.pRrwN
d FJwkdnmenui Uufry pvWm of Wata 0.ezarrn M1aa bwn mU d dM
awbw
Rdso WAn MY zfp d M Ov.dmv a aWaAnna aT 1213 am on D.c 3.
W23 Y b wkmied Mt the OvaamasrAu9.d avaknbdeppmabmet/ HBO
yloiu nMM epabm du x.abd wwewa.rI a gmunread ff t d
F. N. Aka bash. Th. rod caee wa dNemiud b be yew. W vega
ye dvnaa hsa have ben OMzrved idaadb Nf ewM asMwmewm.ad
M uad suds. watt
Raleigh Stela has an ay3raeehe edicadtn And aibcmM p0ymb
ma.ad M 6srlury dyew, debts. dpec, rags. Mpan aW aMr knproP.r
aaia6 � M zawei ryY.m anJblak. enbrtemW .don wM.
appeopreb HFw Bem make HVN Fa sews ryaem.tlaymrymwa
'Oa wach ran lava r ammo fmpat on xaur yarry JndaWan9atlnw
who � ido c>.fan..;m uw.nwaJ aye.:
/lala.h ni."eand s,1iswe ael0oay itemspAcf l0 be
Qeaurged'mlo M 9aa'e: ryslam. NI Mer lam wn vuwe daN9a b M
. W a {r61i11 ale ve M I pe mill.d
wpoMnu es eapeOcezM zewr viWsaw c aan s epYam ng M1mwFalw
pip.. pow W1919-994)ZJS l0 rtyodimmedaary
F., nsd. Flcaafm.bmR h. you tan hep pwHaNery aarver.pM.
Thin newe iebe.ec ramied by NDDs Mkt. 21, pups 1JJ 2191C

Before this incident, maintenance records show that sections within the zone of influence of this part of the
collection system were assessed within the last ten years as follows:
Pump Station Activities (last 12 Months)
CCTV Activities
Manhole
PU Backflow Test PU Suction
5/14/2021
6/29/2023 Lift PS Check
Inspections
4/24/2024
9/28/2023
11/16/2020
PU PS Monthly Generator assessment
4/16/2024
10/2/2023
Area
11/2/2022
4/19/2024
4/8/2024
9/20/2023
Flushing
5/8/2023
3/28/2024
4/8/2024
9/11/2023
Activities
5/16/2023
2/28/2024
3/25/2024
8/24/2023
9/13/2018
6/9/2023
2/28/2024
3/19/2024
8/29/2023
1/11/2021
6/13/2023
12/20/2023
3/14/2024
7/21/2023
1/13/2021
11/22/2023
3/6/2024
7/26/2023
1/14/2021
SewerHigh-
10/27/2023
2/29/2024
8/2/2023
1/15/2021
7/24/2023
2/19/2024
8/7/2023
1/21/2021
Priority
6/30/2023
2/16/2024
8/14/2023
1/22/2021
Inspection
5/11/2023
2/8/2024
7/13/2023
1/22/2021
4/11/2018
4/27/2023
1/31/2024
7/6/2023
11/8/2018
3/30/2023
1/24/2024
6/23/2023
SSO History
3/15/2019
1/22/2024
6/30/2023
9/10/2019
2/11/2022
Other Pumo Station Work Activity
1/12/2024
5/30/2023
12/3/2023
1/9/2020
1. Generator Battery Replacement - 9/12/2023
1/6/2024
6/7/2023
1/14/2020
2. Generator Repair-7/24/2023
12/29/2023
6/14/2023
7/7/2020
3. RR Debris Cleanup - 30/4/2023
12/19/2023
5/24/2023
1/5/2021
4. RR Debris Cleanup- 8/10/2023
12/15/2023
5/11/2023
2/9/2021
5. RR Electrical Inspection - 8/24/2023
12/15/2023
5/19/2023
8/13/2021
6. RR Facility Maintenance Repair - 12/3/2023
11/29/2023
5/2/2023
1/28/2022
7. RR Generator Fuel Offloading - 8/8/2023
11/21/2023
4/20/2023
7/21/2022
8. RR Remote Facilities Repair - 9/13/2023
11/9/2023
4/26/2023
2/13/2023
9. RR Remote Facilities Repair - 4/21/2023
11/16/2023
4/13/2023
10/23/2023
10. Wet Well Vac Out - 5/25/2023
11/8/2023
3/30/2023
11/7/2023
10/27/2023
4/4/2023
1/9/2024
10/19/2023
3/15/2023
30/9/2023
3/20/2023
No additional issues have been associated with this section of the collection system since the last sewer
incident. This site continues to remain an active maintenance spot pending the completion of furthersewer
main cleaning and CCTV assessment. The affected asset has been identified as a hot spot for recurrent
maintenance at 90 to 120 days.
For the reasons set forth in this explanation and documentation, the City respectfully requests that the Director
of DWR remit the $595.36 civil penalty assessed in DV-2024-0040, for SSO incident #202301600, in its entirety,
consideringthe steps the Departmenttookto protect the environment and to meetor exceed the requirements
of its Collections System Permit.

If additional information is required, don't hesitate to contact Matthew Vessie, Sewer Maintenance
Superintendent, at [phone], or Carlos M. Perez, ORC, Assistant Superintendent, at (919) 996-
5929.
erely,
Ca M. Perez, ORC
Assistant Superintendent, Sewer Maintenance Division
City of Raleigh, Public Utilities Department
P.O. Box 590
Raleigh, NC 27602-0590
[phone] office
[phone] cell
[e-mail]

STATE OF NORTH CAROLINA SAY .Y 2024
COUNTYOF Wake
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Raleigh
Raleigh Collection System
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHTTOAN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2024-0040
Having been assessed civil penalties totaling $595.36 for violation(s) as set forth in
the assessment document of the Directorof the Division of Water Resources dated
April 3, 2024 , the undersigned, desiring to seek remission of the civil penalties, 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) calendar days of
receipt of the civil penalty assessment. No new evidence in support of a remission request will
be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment.
This, the 36Kday of April, 2024.
Whit Wheeler
/J N C(v1E ( inted)
SIGNATURE
ADDRESS
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
TELEPHONE
E-MAIL
919-996-4582
[e-mail]

ROY COOPER
Co einor
ELIZABETH S. BISER
5erretary
RICHARD E ROGERS, JR.
Director
Certified Mail # 7017 0190 0000 2486 0483
Return Receipt Requested
Whit Wheeler, Assistant Director
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) l- c
SUBJECT:
OTHDTT
APR 15 2024
NORTH CAROLINA
Environmental Quality
April 3, 2024
and Collection System Permit No. WQCS00002
City of Raleigh
Raleigh Collection System
Case No. DV-2024-0040
Wake County
Dear Mr. Wheeler:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $595.36 ($500.00 civil penalty +
$95.36 enforcement costs) against City of Raleigh.
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 Raleigh. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00002 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 Raleigh violated the terms, conditions or
requirements of Collection System Permit No. WQCS00002 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. 143-2I5.6A(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).
Nm•Ii Carolina Depa�I�miu �rf Enkorvnmlal QuY.�YIU•i•Jon nl Wxm R.�av<es
LJI�.�CV•J RJeNIh Hcp+wl0i'rcv kti00lrem Uri.•�I Rakyh Wlh C>�li�a!l+0^
1
tw�`%1:d�rr eli )91Ja00

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, 1, Michael
Hall, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Raleigh:
$500.00 For 1 of the 1 violations of Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00 TOTAL CIVIL PENALTY
9$ 5.36 Enforcement Costs
$595.36 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.I (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
jornr). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was 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
Michael Hall, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3• File a petition for an administrative hearing with the Office of Administrative 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 § 150E-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
dateltime 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 maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
Sincerely,
Q Michael Hall, Regional Supervisor
D Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2024-0040 County: Wake
Assessed Party: City of Raleigh
Permit No.: WQCS00002 Amount Assessed: $595.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Wittiver 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
evaluature 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 tIze violation and prevent fiau re 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 necessmy to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Raleigh
Raleigh Collection System
PERMIT NO. WQCS00002
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2024-0040
Having been assessed civil penalties totaling $595.36 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 31". 2024, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT
City of Raleigh
CASE NUMBER: DV-2024-0040
PERMIT NO: WQCS00002
FACILITY: Raleigh Collection System
Other Violations
REGION: Raleigh
COUNTY: Wake
INCIDENT
NUMBER
VIOLATION
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
202301600
12/2/2023
CSO/SSO(Sewer Overflow)
Discharge without valid permit
4,660
$500.00
202301610
12/6/2023
CSO/SSO(SewerOverflow)
Discharge without valid permit
2,530
$0.00
202301625
12/11/2023
CSO/SSO(Sewer Overflow)
Discharge without valid permit
2,040
$0.00
202301640
12/13/2023
CSO/SSO(SewerOverflow)
Discharge without valid permit
1,335
$0.00
202301774
12/30/2023
CSO/SSO(Sewer Overflow)
Discharge without valid permit
1,100
$0.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Citv of Raleigh
Facility Name: Raleigh Collection Svstem
Permit Number: WOCS00002
County: Wake
Case Number: DV-2024-0040
ASSESSMENT FACTORS
( vgciatev44: 2O23011000)
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;
A total of 4,680 gallons of wastewater overflowed from the Raleigh Collection System due to Grease. 2,680 gallons of
wastewater flowed to Rocky Creek, a class C;NSW in the Neuse River Basin. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 12.02.2023 at 10:55 pm and ended on 12.03.2023 at 12:13 am.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
The cost of rectifying the damage was not given.
5) The amount of money saved by noncompliance;
Any money saved by non-compliance is de minimis.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
There has been 3 enforcement cases within the past 12 months.
8) The cost to the State of the enforcement procedures.
$95.36
Date Michael Hall, Regional Supervisor
U Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ