NC0026573_LV20170221 Request Remission of Civil Penalty_20170728

July 28, 2017
Mr. Jay Zimmerman, Director
Division of Water Resources
Wastewater Branch
1617 Mail Service center
Raleigh, NC 27699-1617
Subject: Request Remission of Civil Penalty
Case No. LV -2017-0221
Dear Mr. Zimmerman,
REC@VEDINCDE0jDWR
AUG 3 2017
Water C S an
tV
Perman°
The City of Morganton has been assessed a civil penalty for a Notice of Violation
received from exceeding NPDES permit discharge limits The total amount of this civil
penalty is $5,116.62 and has been issued Case No. LV -2017-0221.
In the past few years, the City of Morganton Water Resources Department has
invested several million dollars in wastewater infrastructure to make our facility more
effective and efficient. Capital improvements have included rehabilitated primary &
secondary clarifiers, influent pumping system, added equalization basin capacity, and
improvements to our dewatering operations. As I am writing this, we are beginning a 10
million dollar project that will convert our wastewater plant from an outdated pure
oxygen system to a more conventional biological treatment process using fine bubble
diffusion. Not only is Morganton investing in their wastewater plant, but it's sewer
collection system as well. We have been very aggressive in our sewer line and manhole
rehabilitation programs. The several million dollars already invested in these programs
has paid big dividends by way of reduced inflow & infiltration and resulting sanitary
sewer overflows. We are committed to continuing this work well into the future with a
solid asset management and master planning effort. This year we are spending almost 1
million dollars on these programs and almost 5 million over the next 5-10 years. Our
largest sewer pump station is under final evaluation and is being budgeted 2 million
dollars for renovation in 2020.
Telephone [phone] East Union St. Post Office Box 3448
www.ci.morganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448

I know this civil penalty is very small in comparison to the investments the City
of Morganton has made and will make in the coming years. We have been diligent in
reporting known violations to our regional office staff and have paid promptly all civil
penalties assessed in the past. Every dollar spent on penalties takes away dollars that
could be spent on infrastructure improvements. I would like to request remission from
this referenced civil penalty.
If there are any questions please call 828-438-5276.
Sincerely,
Brad Boris
Water Resources Director
Telephone [phone] East Union St. Post Office Box 3448
www.ci.morganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0221
Assessed Party: City of Morganton
Permit No.: NC0026573
County: Burke
Amount Assessed: $5,116.62
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),
(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;
v (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:
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STATE OF NORTH CAROLINA
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Morganton
Catawba River Pollution Control Facility
PERMIT NO. NCO026573
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0221
Having been assessed civil penalties totaling $5,116.62 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 17, 2017, 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
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SIGNATURE
ADDRESS
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