WQCS00002_Remission Decision (DV-2024-0040)_20240606

DocuSign Envelope ID:385F3143-6951-4C4A-AC66-F01B28757C51
ROY COOPER ,e r r
GovernorJ #.
(•111
ELIZABETH S. BISER `;.,1
Secretary . V
RICHARD E. ROGERS,JR. 00110
Director NORTH CAROLINA
Environmental Quality
June 6,2024
CERTIFIED MAIL 7019 1 120 0001 4877 6048
RETURN RECEIPT REQUESTED
Mr. Whit Wheeler,Director—Raleigh Water
City of Raleigh
P.O. Box 590
Raleigh, NC 27602-0590
Subject: Remission Request of Civil Penalty Assessment
Collection System Permit WQCS00002
City of Raleigh Collection System
Wake County
Case Number DV-2024-0040
Dear Mr. Wheeler:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f)and remitted $500.00 of the $595.36 total penalty
assessment. The revised amount due is $95.36, for the investigative costs. A copy of the remission
decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the remaining enforcement costs of$95.36.
If you decide to pay the revised assessment,please make your check in the amount of$95.36,payable
to the Department of Environmental Quality(DEQ). Send the payment within thirty(30)calendar days
of your receipt of this letter to the attention of:
Ms. Wren Thedford
NC DEQ-DWR—Water Quality NPDES Permitting Branch
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
D .�_ North Carolina Department of Environmental Quality Division of Water Resources
/// '�g/` 512 North Salisbury Street 1617 Mail Service Center Raleigh.North Carolina 27b99 1617
�W." eA /°� 919.707.9000

DocuSign Envelope ID:385F3143-6951-4C4A-AC66-F01B28757C51
Mr. Whit Wheeler
Case DV-2024-0040 DWR Remission Decision
p. 2
If payment is not received within 30 calendar days from your receipt of this letter,your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the Committee on Civil Penalty Remissions for a final agency decision.
You have the option of presenting your request in person to the Committee on Civil Penalty
Remissions. 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:
Ms. Wren Thedford
NC DEQ-DWR—Water Quality NPDES Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested,the Committee's decision regarding
your remission request will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore,the Committee may choose to
uphold the original penalty amount and offer no remission,it may agree with the Division of
Water Resources' remission recommendation detailed above,or the penalty amount may be
further remitted.
Thank you for your cooperation in this matter. If you have any questions,please contact Bob Sledge at
919-707-3602, or via e-mail at [e-mail].
Sincerely,
,-DocuSigned by:
8328B44CE9EB4A1...
John E. Hennessy, Section Chief
Water Quality Regional Operations Section
Division of Water Resources
Attachments
ec: Laserfiche Files(RRO)

DocuSign Envelope ID:385F3143-6951-4C4A-AC66-F01B28757C51
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2024-0040 Region: Raleigh County: Wake
Assessed Entity: City of Raleigh Collection System Permit: WQCS00002
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
(b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
due to a blockage caused bybuildupsof grease
Permittee States: The City notes the SSO spilled from a manhole g b p
within the line and at a downstream pump station. Upon complaint notification of sewer odor,the City responded,
identifying the problem,conducting corrective action(hydraulic jetting)and restoring routine sewer flow within
78 minutes. 2,680 gallons of a total 4,680 gallons of raw sewage released were estimated to have reached surface
waters.The rest was contained and pumped back into the collection system. Affected areas were cleaned,and the
stream was flushed with potable water.The City followed up with cleaning of the pump station,and distribution
of educational materials regarding FOGs was made to local residents.The location was targeted for greater
scrutiny by City staff.
DWR Response:DWR agrees that the City provided a prompt response to this incident and took appropriate
steps to mitigate potential impacts.Its additional examination, remedial activities and outreach will serve to
prevent such events in the future.
® (c) Whether the violation was inadvertent or a result of an accident:
The City states the SSO resulted from a buildup of grease within an 8-inch sewer line. The SSO occurred
upstream of a pump station that receives routine observation and maintenance. The event was unforeseeable and
accidental.
DWR agrees the incident was inadvertent and accidental in nature.
❑ (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:
DECISION
Request Denied ❑ Docu.$ignedAy:
Full Remission ® Retain Enforcement osts? Yes IN No ��JJ
Partial Remission ❑ $ /-DocuS gn.d by:
"-8328B44CE9EB4A1... -8328844CE9E84A1 .
John E.Hennessy,Section Chief Date
Water Quality Regional Operations Section
Division of Water Resources

DocuSign Envelope ID:385F3143-6951-4C4A-AC66-F01B28757C51
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF WAKE DWR Case Number DV-2024-0040
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
)
City of Raleigh )
City of Raleigh Collection System )
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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of ,20
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